CIVIL LAW PERSONS & FAMILY

RELATIONS
E FFECT AND A PPLIC ATION OF
L AW S
The Civil Code took effect on August 30, 1950.
E FFECTIVITY OF L AW S (A RT .2)
General Rule: Laws take effect after 15 days following the
completion of its publication in the Official Gazette or in a
newspaper of general circulation (EO No. 200).
The law shall take effect on the 16th day because in
counting the period, the first day is excluded and the last
day included (Art. 13, NCC).
No one shall be charged with notice of the statute’s
provision until publication is completed and the 15 day
period has expired.
Exception: Unless otherwise provided by the law (EO No.
200).
The exception refers to the “15-day period” only and not
the requirement of publication. Publication is
indispensable, absence of which will not render the law
effective (Tañada v. Tuvera G.R. No. L-63915, December
29, 1986).
1. Presidential Decrees;
2. Laws which refer to all statutes, including local and
private laws;
3. Administrative Rules and Regulations where purpose is
to enforce/implement existing law pursuant to a valid
delegation;
4. Charter of a City;
5. Circulars issued by the Monetary Board where purpose
is not merely to interpret but to fill in the details of the
Central Bank Act;
6. Circulars and Regulations which prescribe a penalty for
its violation (People vs. Que Po Lay, G.R. No. L-6791,
March 29, 1954);
7. Executive Orders (Tañada vs. Tuvera G.R. No. L-
63915, December 29, 1986).
Publication not Required (I – L)
1. Interpretative regulations and those internal in nature,
regulating only the personnel of the administrative
agency.
2. Letters of Instructions issued by administrative
superiors on rules/guidelines to be followed by
subordinates in the performance of their duties (Tañada
vs. Tuvera, ibid).
Date of effectivity of Municipal Ordinances is NOT covered
by this rule but by the Local Government Code (Tañada
vs. Tuvera, supra).

Rules on Period Provided by Statute I GNORANCE OF THE L AW

Shorter/longer period than the 15-day
Such period as provided in the statute shall prevail.
Takes effect immediately
It shall take effect immediately after publication with the
15-day period being dispensed with (Tañada vs. Tuvera
G.R. No. L-63915, December 29, 1986).
No provision as to its effectivity
It takes effect 15 days following its publication.
Coverage (PLAC3E)
E XCUSES NO ONE (A RT .3)
Conclusive Presumption
Every person is presumed to know the law even if they
have no actual knowledge of the law. It applies only to
mandatory and prohibitory laws.
Does not apply to foreign laws because there is no judicial
notice of such foreign laws; it must be proved like any
other matter of fact (Ching Huat vs. Co Heong L-1211,
January 30, 1947).
Note: Mistakes in the application or interpretation of
difficult or doubtful provisions of law may be the basis of

EXECUTIVE COMMITTEE SUBJECT COMMITTEE MEMBERS

IAN MICHEL GEONANGA overall JHOY PALLONES subject chair, MICAELA Phoebe Alhambra, Diana
chairperson, JOSE ANGELO DAVID KRISTINA GALVEZ assistant subject chair, PIA Bartolome, Jesus Paolo
chairperson for academics, RUTH ISABEL CO edp, FRANCIA ROMLINA Borlagdan, Darniel Bustamante,
ABIGAIL ACERO chairperson for RODRIGUEZ persons and family relations, Jamela Jane Caringal, Ma.
hotel operations, ALBERTO JENNETH CAE CAINDAY property, IRENE Criselda Correa, Reynaldo
RECALDE, JR. vice-chairperson for ALCOBILLA wills and succession, JOSE Dalisay, Kristine Lara Defensor,
Carel Brendth Dela Cruz, Regine
operations, MARIA CARMELA AMELITO BELARMINO II and ROWNEYLIN SIA
Estillore, Anne Clarisse Guzman,
HAUTEA vice-chairperson for obligations and contracts, SAMANTHA
Aziel Guzman, Martin Michael
secretariat, MARK EMMANUEL GRACE MANALO sales and lease, LAUREN Hatol, Maria Emma Gille
ABILO vice-chairperson for finance, GAIL DIVINO partnership, agency and trusts, Mercado, Richmond
RYAN LIGGAYU vice-chairperson MABEL BUTED credit transactions, JULIUS Montevirgen, Astrid Ong, Ruth
for electronic data processing, CEASAR BALBUENA torts and damages, Ann Ong, Rodel James Pulma,
JOMARC PHILIP DIMAPILIS vice- KATHLEEN VALERIO land titles and deeds, Dan Bernard Sabilala, Jeth Lester
chairperson for logistics ILLAC BOHOL conflict of laws Tan, Maria Anne Cyra Uy
 PERSONS & FAMILY RELATIONS
good faith and has been given the same effect as a
mistake of fact, which may excuse one from the legal
consequences of his conduct (Art. 526, 2155, NCC).
N ON R ETRO ACTIV ITY OF L AW S
(A RT .4)
General Rule: No retroactive effect.
Exceptions: (P2UT NICE)
1. Procedural or Remedial;
2. Penal laws favorable to the accused;
3. Unless the law otherwise provides;
4. Tax laws when expressly declared or is clearly the
legislative intent (Cebu Portland Cement vs. Coll. G.R.
No. 18649, February 27, 1965);
5. Laws creating new rights (Bona vs. Briones G.R. No. L-
10806, July 6, 1918; Bustamante et al. vs. Cayas, G.R.
Nos. L-8562-8563, December 17, 1955);
6. Interpretative Statutes;
7. Curative or Remedial statutes;
8. Emergency Laws.
Exceptions to the Exception: (E–L)
1. Ex Post Facto Laws;
2. Laws that impair obligation of contracts (Asiatic
Petroleum vs. Llanes, G.R. No. L-25386, October 20,
1926).
A CTS C ONTR ARY TO L AW
(A RT .5)
General Rule: Acts contrary to mandatory or prohibitory
laws are VOID.
Exceptions: (PAVE)
1. The law makes the act valid but punishes the violator
(ex. Marriage solemnized by a person without legal
authority)
2. The law itself authorizes its validity (ex. Lotto,
sweepstakes)
3. The law makes the act only voidable (ex. Voidable
contracts where consent is vitiated)
4. The law declares the nullity of an act but recognizes its
effects as legally existing (ex. Child born before
annulment of marriage is considered legitimate).
W AIV ER OF R IGHTS (A RT .6)
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CIVIL LAW
General Rule: Rights can be waived.
Requisites for a valid waiver: (CUE–CF)
1. Full capacity to make the waiver.
2. Waiver must be unequivocal
3. Right must exist at the time of the waiver
4. It must not be contrary to law, public policy, morals or
good customs or prejudicial to a third person with a right
recognized by law.
5. When formalities are required, the same must be
complied with.
Exceptions: (C–PEN)
1. Waiver is contrary to law, public order, public policy,
morals or good customs;
2. If the waiver is prejudicial to a third party with a right
recognized by law.
3. Alleged rights which are really not yet in existence, as
in the case of future inheritance
4. If the right is a natural right, such as right to be
supported.
J UDICIAL D ECISION S F ORM
P ART OF L EG AL S YSTEM OR
D OCTRINE OF S T ARE D ECIS IS
(A RT .8)
Doctrine of Stare Decisis
It enjoins adherence to judicial precedents and is based
on the principle that once a question of law has been
examined and decided, it should be deemed settled and
closed to further argument.
Judicial decisions applying or interpreting laws shall form
a part of the legal system of the Philippines. Stare
decisis et non quieta movere. Let the decision stand and
disturb not what is already settled. The doctrine of stare
decisis is a salutary and necessary rule. When the Court
lays down a principle of law applicable to a certain set of
facts, it must adhere to such principle and apply it to all
future cases where the facts in issue are substantially the
same. Else, the ideal of a stable jurisprudential system can
never be achieved (Saguiguit vs. People, G.R. No.
144054, June 30, 2006).
Legal Effects of Judicial Decisions
1. No Publication required;
2. Binding between parties after the lapse of appeal
period; and
3. Will bind all future cases with identical facts, until
reversed by SC.
Judicial decisions, although in themselves not laws,
 CIVIL LAW
assume the same authority as the statute itself (People vs.
Licera G.R. No. L-39990, July 2, 1975).
No publication required, binding on parties after the lapse
of appeal period, and will bind all future cases with
identical facts, until reversed by SC.
The application or interpretation placed by the Court upon
a law is part of the law as of the date of enactment of said
law because the Supreme Court’s interpretation merely
establishes the contemporaneous legislative intent that
the construed law purports to carry into effect (People v.
Licera G.R. No. L-39990, July 2, 1975).
HOWEVER, when a doctrine is overruled and a different
view is adopted, the new doctrine should be applied
prospectively and should not prejudice parties who relied
on the old doctrine (People v. Jabinal G.R. No. L-30061,
February 27, 1974).
C USTOMS (A RTS .11 AND 12)
Customs
Rules of conduct formed by repetition of acts uniformly
observed as a social rule. They are legally binding and
obligatory.
General Rule: Customs must be proved as a fact
according to the rules of evidence.
Exception: A court may take judicial notice of a custom if
there is already a decision rendered by the same court
recognizing the custom.
Requisites to Make a Custom an Obligatory Rule:
(P2OT)
1. Plurality or repetition of acts;
2. Practiced by the great mass of the social group;
3. The community accepts it as a proper way of acting,
such that it is considered as obligatory upon all;
4. Continued practice for a long period of time.
R ULE ON P ERIODS (A RT .13)
Rule on Periods
1. Years - 365 days, unless year is identified;
2. Months - 30 days, unless month identified;
3. Days – 24 hours;
4. Nights – Sunset to sunrise;
5. Calendar week – Sunday to Saturday;
6. Week – Count 7 days as indicated, not necessarily
Sunday to Saturday.
PERSONS & FAMILY RELATIONS
To count the period, first day is excluded, last day is
included.
Exception: Rule does NOT apply to computation of age;
each year is counted based on birth anniversary.
Policy if the Last Day is a Sunday or a Legal Holiday
1. If the act to be performed within the period is prescribed
or allowed (a) by the Rules of Court, (b) by an order of
the court, or (c) by any other applicable statute, the last
day will automatically be considered the next working
day.
2. If the act to be performed within the period arises from
a contractual relationship, the act will become due
despite the fact that the last day falls on a Sunday or
Holiday.
P ROVISI ON ON C ONFLICT OF
L AW (A RTS .14-17)
1. Penal Laws and laws of public security (Article 14):
Territoriality rule governs regardless of the nationality
but subject to principles of international law and to treaty
stipulations.
2. Laws relating to family rights and duties, or to
status, condition and legal capacity of persons
(Article 15): Nationality rule applies regardless of their
place of residence.
Exception: Divorce validly obtained abroad by alien
spouse capacitating him or her to remarry, the Filipino
spouse shall have capacity to remarry under Philippine
law. (Article 26 (2) Family Code)
3. Laws on property (real and personal)
Lex Rei Sitae: The law of the country where the
property is situated shall govern property transactions.
(Article 16 (1))
Exception: Order and amount of successional rights,
intrinsic validity of testamentary provisions, and
capacity to succeed governed by the national law of
decedent (Article 16 (2)).
4. Laws on forms and solemnities
Lex Loci Celebrationis: Forms and solemnities of
contracts, wills, and other public instruments (extrinsic
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validity) shall be governed by the laws of the country in
which they are executed (Article 17).
Exceptions:
a. Marriage between Filipinos solemnized abroad shall
be void though valid abroad when void under
Philippine laws. (Article 26(1) FC)
b. Intrinsic Validity of Contracts: Validity is determined
by the following rules:
i. The law stipulated by the parties shall be applied;
ii. In default thereof, and the parties are of the same
nationality, their national law shall be applied;
iii. If the parties are not of the same nationalities, the
law of the place of the perfection of the obligation
shall govern its fulfillment;
iv. If the above places are not specified and they
cannot be deduced from the nature and
circumstances of the obligation, then the law of the
passive subject shall apply.
Basis for determining Basis for determining
personal law of an personal law is his
individual is his DOMICILE CITIZENSHIP
5. Renvoi Doctrine: Occurs when a citizen of another
country dies as a domiciliary of another country. Where
the conflict rules of the forum refer to a foreign law, and
the latter refers it back to the internal law, the law of the
forum shall apply.
Transmission Theory: If the foreign law refers it to a
third country, the said country’s law shall govern.
6. Doctrine of Processual Presumption: The foreign
law, whenever applicable, should be proved by the
proponent thereof; otherwise, such law shall be
presumed to be exactly the same as the law of the
forum.

Lex Loci Rule on Prohibitive Laws

Lex Nationalii Lex Rei Sitae
Celebrationis
Art. 15, CC Art. 16, CC Art. 17, CC General Rule: Prohibitive laws concerning persons, their
Citizenship is Law of the place Law of the place acts or property, and laws which have for their object
the basis for where the where the public order, public policy or good customs are NOT
determining the property is contract was rendered ineffective by laws, or judgments promulgated or
personal law situated is the executed is the by determinations or conventions agreed upon in foreign
applicable basis for basis for country. (Art. 17(3))
determining law determining law
applicable applicable Exception: Art. 26, par. 2 Family Code (ex. Divorce Law)
Covers family Covers both real Covers only the
rights and and personal forms and
duties, status, property solemnities H UMAN R EL ATION S
condition and (extrinsic
legal capacity of validity) ABUSE OF RIGHT (Art. 19)
persons. Elements: (LEP)
Exception: Exceptions: Exceptions: 1. Existence of a legal right or duty;
Art. 26, par. 2 of (CIAO) 1. Art. 26, par. 1 2. Which is exercised in bad faith;
Family Code a. Capacity to of Family 3. For the sole intent of prejudicing or injuring another.
succeed; Code
b. Intrinsic 2. Intrinsic Doctrine of Violenti Non Fit Injuria (to which a person
validity of the validity of assents is not esteemed in law as injury)
will; contracts Refers to self-inflicted injuries or to the consent to injury
c. Amount of which precludes the recovery of damages by one who has
successional knowingly and voluntarily exposed himself to danger, even
rights; if he is not negligent in doing so (Nikko Hotel Manila
d. Order of Garden, et all vs. Roberto Reyes (Amay Bisaya) G.R. No.
succession. 154259, Feb. 28, 2005).

Rules on Personal Law: Domiciliary Rule and Damnum Absque Injuria (damage without injury)
Nationality Rule Distinguished A person who exercises his legal right does no injury.
HOWEVER, it cannot be said that a person exercises a
Domiciliary Rule Nationality Rule right when he unnecessarily prejudices another or offends
morals or good customs.

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It is not necessary that the

When damages result from a person’s exercise of rights, payment was made by
it is damnum absque injuria (ABS-CBN v. Republic mistake, payment could Payment was made by
Broadcasting Corp. G.R. No. 128690, January 21, 1999). have been made knowingly mistake is an essential
and voluntarily but element to maintain the
ACTS CONTRARY TO LAW (Art. 20) nevertheless, there would action for recovery.
Every person who, contrary to law, willfully or negligently be recovery of what has
causes damage to another, shall indemnify the latter for been paid.
the same.
Requisites: (JELA)
ACTS CONTRA BONUS MORES (Art. 21) 1. Enrichment is without just or legal ground
2. Defendant has been enriched;
Elements: (L-C-I) 3. Plaintiff has suffered a loss; and
1. There is a legal act; 4. He has no other action based on contract, quasi–
2. But which is contrary to morals, good customs, public contract, crime or quasi–delict.
order or public policy; and,
3. It is done with intent to injure. For a more comprehensive discussion of Articles 19-35,
please see discussion thereof under Torts.
Articles 19, 20 and 21 are related to one another and
under these articles, an act which causes injury to another
may be made the basis for an award of damages P REJUDICIAL Q UESTION
(Albenson Enterprises Corp. v. CA, G.R. No. 88694,
January 11, 1993).
(A RT .36)
Articles 19 and 21 refer to INTENTIONAL acts while
Article 20 pertains either to WILLFUL or NEGLIGENT General Rule: If both criminal and civil cases are filed in
acts, which must be contrary to law. (Ibid.) court, the criminal case takes precedence.

Exceptions:
P RINCIPLE OF U NJUST 1. In case of prejudicial questions, the criminal case is
E NRICHMENT (A RT .22) suspended because the issues in the civil case are
determinative of the outcome of the criminal case.
Accion in Rem Verso A prejudicial question is that which arises in a case, the
It is an action for recovery of what has been paid without resolution of which is a logical antecedent of the issue
just cause. involved therein, and the cognizance of which pertains
to another tribunal (Yap v. Paras, G.R. No. 101236,
Application: January 30, 1992).
1. When someone acquires or comes into possession of
something, which means delivery or acquisition of Requisites: (Section 7, Rule 111, Rules of Court)
things; AND a. Previously instituted civil action involves an issue
2. Acquisition is undue and at the expense of another, similar or intimately related to the issue raised in the
which means without just or legal ground. subsequent criminal action; an
b. The resolution of such issue determines whether or
not the criminal action may proceed.

2. Independent civil action granted by law (CD-RQ)

a. Breach of constitutional and other rights (Art. 32)
b. Defamation, fraud, physical injuries (Art. 33)
c. Refusal or failure of city or municipal police to give
Accion in Rem Verso and Solutio Indebiti protection (Art. 34)
Solutio Indebiti d. Quasi-delict or culpa-aquiliana (Art.2177)
Accion In Rem Verso
(Art. 2154)
The Civil Code has SUPPLETORY application in matters
governed by special laws.

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4. Prodigality – The state of squandering money or

property with a morbid desire to prejudice the heirs of a
C IVIL P ERSON ALITY (A RT .37) person (Martinez v. Martinez, 1 Phil. 182).
5. Civil interdiction
Civil Personality
It is the aptitude of being the subject, active or passive, of Modifications/ limitations on capacity to act (Art. 39):
rights and obligations. (FI3T P2A3D)
1. Family Relations;
Juridical capacity and Capacity to Act (Paras, E. Civil 2. Insanity;
Code of the Philippines Annotated 15th ed. (2002), p. 236) 3. Imbecility;
Juridical Capacity Capacity To Act 4. Insolvency;
Fitness to be the subject Power to do acts with 5. Trusteeship;
of legal relations (Art. 37) legal effects (Art. 37) 6. Penalty;
7. Prodigality;
Passive Active 8. Age;
Inherent Merely acquired 9. Alienage;
Lost through death and 10. Absence; and
Lost only through death
other causes 11. State of being deaf-mute.
Can exist without capacity Cannot exist without
to act juridical capacity Note: The consequences of the restrictions and
Cannot be limited or Can be restricted, modifications on a person’s capacity to act are provided
restricted modified or limited by the Civil Code, other codes, special laws and the Rules
of Court.
A person is presumed to have capacity to act. (Standard
Oil Co. v. Arenas, et al., 14 Phil. 363)
N ATURAL P ERS ONS
Theories on Capacity to Act
Theory of General Theory of Special Beginning of personality
Capacities Capacities
Applies to juridical General rule: Birth determines personality (actual
Applies to natural persons
persons personality) (Art. 40).
This limits the power of
effects except only in juridical persons only to Exception: The law considers the conceived child as born
those specific those that are expressly for all purposes favorable to it if born alive. Therefore, the
circumstances where the conferred upon them or child has a presumptive personality, which has two
capacity to act is those which can be characteristics:
restrained implied therefrom or 1. Limited and
incidental thereto 2. Provisional or conditional (Quimiguing vs. Icao, G.R.
No. L-26795, July 31, 1970)
Restrictions on capacity to act
The same do not exempt the incapacitated person from Note: The concept of provisional personality CANNOT be
certain obligations as when the latter arise from his acts or invoked to obtain damages for and in behalf of an aborted
from property relations such as easements (Art. 38): (MID- child (Geluz vs. CA, G.R. No. L-16439, July 20, 1961).
PC)
1. Minority A conceived child is already entitled to support from its
Minority does not exempt the minor from certain progenitors (Quimiguing vs. Icao, G.R. No. L-26795, July
obligations, as when the latter arise from his acts or from 31, 1970) and can be acknowledged even before it is born
property relations. (Art. 38) Thus, he may acquire (De Jesus v. Syquia, 58 Phil. 866).
property using the capital of his parents, said property
to belong to the latter in ownership and usufruct.
2. Insanity or imbecility When is a child considered born: (Art. 41)
3. State of being deaf mute
Deaf mute may either be sane or insane. General Rule: For civil purposes, the fetus is considered
born if it is alive at the time it is completely delivered from
the mother’s womb.

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Exception: If the fetus had an intra-uterine life of less than
7 months, it is NOT deemed born if it dies within 24 hours
after its complete delivery from the maternal womb (Article
41).
Illustration:
Intra-uterine life When considered born
7 months or more Alive upon complete
delivery
- regardless whether the
child dies within 24 hours
or not
Less than 7 months Alive upon complete
delivery AND at least 24
hours thereafter
The legitimacy or illegitimacy of a child attaches upon
conception (Continental Steel Manufacturing Corp. v.
Hon. Accredited Voluntary Arbitrator, et al., G.R. No.
182836, October 13, 2009).
How civil personality is extinguished
Civil personality is extinguished by death. The effect of
death upon the rights and obligations of the deceased is
determined by law, by contract and by will (Art. 42).
Presumption of survivorship
In case of doubt as to which of two or more persons called
to succeed each other died first:
1. Whoever alleges the death of one prior to the other shall
prove the same
2. In the absence of proof, the presumption is that the
parties died at the same time and there shall be no
transmission of rights from one another (Art. 43)
Note: Article 43 applies when the case involves two or
more persons who are called to succeed each other. But
if the parties are not called to succeed each other, Rule
131, Sec. 3 (jj) of the Rules of Court applies. Both are to
be applied only in the absence of facts. (Paras, p. 248)
Rule 131 Section 3 (jj). That except for purposes of
succession, when two persons perish in the same
calamity, such as wreck, battle, or conflagration, and it is
not shown who died first, and there are no particular
circumstances from which it can be inferred, the
survivorship is determined from the probabilities resulting
from the strength and the age of the sexes, according to
the following rules:
1. If both were under the age of fifteen years, the older is
deemed to have survived;
2. If both were above the age sixty, the younger is
deemed to have survived;
PERSONS & FAMILY RELATIONS
3. If one is under fifteen and the other above sixty, the
former is deemed to have survived;
4. If both be over fifteen and under sixty, and the sex be
different, the male is deemed to have survived, if the
sex be the same, the older;
5. If one be under fifteen or over sixty, and the other
between those ages, the latter is deemed to have
survived.
JURIDICAL PERSONS (Art. 44 to 46)
A juridical person is a being of legal existence susceptible
of rights and obligations, or of being the subject of juridical
relations (Roldan vs. Philippine Veterans Board G.R. No.
L-11973, June 30, 1959)
Who are juridical persons:
1. State and its political subdivisions
2. Corporations for public interest - governed either by the
Corporation Code or their special charters passed by
the legislature.
Personality begins as soon as they have been
constituted according to law
3. Corporations, partnerships and associations for private
interest
Corporations are governed by the Corporation Code.
Their personality exist from the moment a certificate of
incorporation is granted to it from the Securities and
Exchange Commission (Sec. 19, Corporation Code)
By a contract of partnership, two or more persons bind
themselves to contribute money, property or industry to
a common fund, with the intention of dividing the profits
among themselves; or for the exercise of profession
(Art. 1767, NCC). Partnerships are governed by the
contract between partners and the provisions of Art.
1767 to 1867 of the Civil Code.
C ITIZENSHIP AND D OMICILE
Citizenship
It is the membership in a political community which is more
or less permanent in nature. Article IV of 1987 Philippine
Constitution now governs the rule on citizenship.
Modes of acquiring citizenship
1. Jus sanguinis – by blood, wherever he may be born
2. Jus soli – by place of birth
3. Naturalization – artificial means (judicial or
administrative) by which a state adopts an alien and
gives him imprint and endowment of a citizen of that
country
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Domicile 3. Intention to abandon the old domicile (animus non

For the exercise of civil rights and the fulfillment of civil revertendi)
obligations, the domicile of natural persons is the place of
their habitual residence (Art. 50 NCC). Rules for determining the domicile of juridical
persons (Article 51):
Residence Domicile A. Get the domicile provided for in the law creating or
Denotes a fixed recognizing them or in their articles of agreement.
Indicates a place of permanent residence, B. If not provided for, get the place:
abode, whether which when absent, one 1. Where their legal representation is established.
permanent or temporary has the intention of 2. Or where they exercise their principal functions.
returning
There can be several There can only be one If the corporation has head office and with branches, the
places of residence place of domicile domicile is where the head office is located. (Paras, p.
No length of residence 366)
It is residence coupled
without intention of
with intention to remain for
remaining will constitute F AMILY C ODE
an unlimited time
domicile

Elements of domicile The Family Code of the Philippines took effect on August
1. Physical presence in a fixed place 3, 1988.
2. Intention to remain permanently in said place (animus
manendi) (Romualdez-Marcos vs. COMELEC, G.R. No. M ARRIAG E
119976 September 18, 1995).

Kinds of domicile (Romualdez-Marcos vs. COMELEC, Marriage

G.R. No. 119976 September 18, 1995)
1. Domicile of origin – Given by law to a person at birth
2. Domicile of choice – That which is voluntarily chosen by
a sui juris – as his more or less permanent home; that
to which, whenever he is absent, he intends to return.
(Uytengsu v. Republic, 50 O.G. 4781, Oct. 1954)
Note: Three basic rules on domicile of choice:
(Ugdoracion vs. COMELEC G.R. No. 179851, April 18,
2008):
a. A man must have a residence or domicile
somewhere;
b. Domicile, once established, remains until a new one
is validly acquired; and
c. A man can have but one residence or domicile at any
given time.
d. Every sui generis may change his domicile.
3. Domicile by operation of law – attributes to a person a
domicile independent of his own intention or actual
residence, ordinarily resulting from legal domestic
relations, as that of the wife arising from marriage, or the
relation of a parent and a child
Requirements for the acquisition of new domicile
(Romualdez v. RTC, Br. 7, Tacloban City, 226 SCRA 408,
415)
1. Bodily presence in a new locality – actual removal or
actual change of domicile
2. Intention to remain therein (animus manendi)
A special contract of permanent union between a man and
a woman entered into in accordance with law for the
establishment of conjugal and family life.
The Family Code emphasizes the permanent nature of
marriage, hailing it as the foundation of the family. It is this
inviolability which is central to our traditional and religious
concepts of morality and provides the very bedrock on
which our society finds stability (Malcampo-Sin vs. Sin,
G.R. No. 137590 March 26, 2001).
In Republic v. Nolasco (G.R. No. 94053 March 17, 1993),
the Supreme Court stressed the strong need to protect
“…the basic social institutions of marriage and the family
in the preservation of which the State has the strongest
interest; the public policy here involved is of the most
fundamental kind. In Article II, Section 12 of the
Constitution, there is set forth the following basic state
policy: 'The State recognizes the sanctity of family life and
shall protect and strengthen the family as a basic
autonomous social institution. The same sentiment has
been expressed in the Family Code of the Philippines in
Article 149: 'The family, being the foundation of the nation,
is a basic social institution which public policy cherishes
and protects. Consequently, family relations are governed
by law and no custom, practice or agreement destructive
of the family shall be recognized or given effect.
Marriage and ordinary contract distinguished

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Marriage Ordinary Contract 2. Where a man’s promise to marry was the proximate
Special contract Merely a contract cause of giving herself unto him in sexual congress and
Social institution Merely a contract there is proof he had no intention of marrying her, the
Governed by law on Governed by law on promise being a deceptive device, damages may be
marriage contracts awarded pursuant to Art. 21 NCC because of the fraud
Not subject to and deceit behind it and the willful injury to her honor
Generally subject to and reputation (Baksh vs. CA, G.R. No. 97336,
stipulations except in
stipulations February 19, 1993).
property relations
Minors may contract
through their parents or ESSENTIAL REQUISITES OF MARRIAGE: (LC)
Legal capacity is required 1. Legal capacity of the contracting parties, who must be
guardians or in some
cases by themselves a male and a female
Contracting parties must a. Eighteen years old or above
only be two persons – Two or more parties b. Not under any impediment mentioned in Arts. 37 and
one is a female and the regardless of gender 38 (Art. 5)
other is a male 2. Consent freely given in the presence of a solemnizing
Parties can fix a period officer (Art. 2)
for its efficacy to be No particular form required
Permanent union ineffective after a few Capable of intelligently understanding the nature and
years consequences of the act
Breach of obligations of FORMAL REQUISITES OF MARRIAGE: (ALM)
husband and wife does 1. Authority of the solemnizing officer
not give rise to an action 2. Valid Marriage License
for damages. The law Breach of ordinary 3. Marriage ceremony where the contracting parties
provides penal and civil contracts gives rise to an appear before the solemnizing officer, with their
sanctions such as action for damages personal declaration that they take each other as
prosecution for adultery husband and wife in the presence of not less than two
or concubinage and witnesses of legal age (Art. 3)
proceedings for legal
separation. Effects of noncompliance with the requisites
Can be dissolved only by Can be dissolved by (Art. 4)
death or annulment, not mutual agreement and by Essential Formal
by mutual agreement other legal causes Void ab initio

Breach of promise to marry Absence (ex: expired marriage license; one of

the parties is below 18 years old at
General Rule: It is not by itself an actionable wrong the time of the marriage)
(Hermosisima vs. CA L-14628, September 30, 1960). One Voidable Voidable
cannot seek specific performance to compel marriage.
(ex: consent
Exceptions: To be actionable, there must be another act obtained
Defect
independent of the breach of promise to marry which gives through force
rise to liability as where there was financial damage, social and
humiliation, and moral seduction. intimidation;
Art. 45, 46)
1. Mere breach of promise to marry is not an actionable Valid Valid, but person
wrong; but to formally set a wedding and go through all responsible for
the preparations and publicity, only to walk out of it when irregularity shall
the matrimony is about to be solemnized, is quite be civilly and
different. This is palpably and unjustifiably contrary to Irregularity
criminally liable
good customs for which defendant must be held
answerable in damages pursuant to Art. 21 NCC. Except: when
(Wassmer vs. Velez, No. L-20089, December 26, 1964) parties over 18 but

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below 21 failed to Occiano A.M. No. MTJ-02-1390 April 11, 2002; Navarro
obtain parental vs. Domagtoy A.M. No. MTJ-96-1088. July 19, 1996).
consent, in which
case the marriage General Rule: The solemnizing officer is not duty bound
is voidable (Art. to investigate whether the marriage license was regularly
14) issued.

(example of Must only determine if it was issued by a competent official

irregularity: no (Alcantara vs. Alcantara G.R. No. 167746 August 28,
witnesses of legal 2007)
age, or only one
witness of legal If so, it may be presumed that the said official fulfilled the
age, or witnesses duty to ascertain whether the contracting parties fulfilled
but not of legal the requirements of law (People vs. Janssen G.R. No. L-
age during the 31763 December 27, 1929).
marriage
ceremony (Sta. Exception: In cases of marriage in articulo mortis, in
Maria, M., remote places, and between a man and a woman living
Persons and together as husband and wife for at least 5 years without
Family Relations, legal impediment to marry each other
2010, p. 127);
issuance of Solemnizing officer must take steps to ascertain the ages,
marriage license relationship, and qualifications of contracting parties (Art.
despite absence 29)
of publication prior
to the completion Persons authorized to Requisites for the
of the 10-day solemnize marriages exercise of their
period for (Art. 7) (PMJ-C³) authority
publication Priest, rabbi, imam or a. Duly authorized by his
(Alcantara vs. ministers of any church church or religious sect;
Alcantara G.R. or religious sect
No. 167746 b. Registered with the
August 28, 2007) office of the civil
registrar general;
Marriage ceremony (Art. 6)
No prescribed form or religious rite for solemnization of c. Acting within the limits
marriage is required. of the written authority
granted; and
The absence of two witnesses of legal age is merely an
irregularity but the party responsible for the irregularity d. At least one of the
shall be civilly, criminally, and administratively liable. parties belongs to the
solemnizing officer’s
Marriages by proxy church or religious sect
1. If it was solemnized in the Philippines, the marriage is Municipal and city The term “mayor” includes
VOID because physical appearance is required under mayors (Sec. 444, 445 a vice-mayor who is the
Art. 6. Local Government “Acting Mayor” or who is
2. If performed abroad, whether between Filipinos or Code, January 1, 1992) merely acting as a Mayor
foreigners or mixed, the controlling article is Art. 26 of (People vs. Bustamante,
the Family Code. (Paras, p. 377-378) citing Laxamana vs.
Baltazar G.R. No. L-11598
Authority of solemnizing officer January 27, 1959)
It is not the presence or absence of the solemnizing officer Incumbent members of Note: Court of Tax
which constitutes the formal requirement but the absence the judiciary within the Appeals, Sandiganbayan,
or presence of the solemnizing officer’s authority at the court’s jurisdiction Court of Appeals and
time of the solemnization of the marriage (Arañes vs. Supreme Court justices

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 CIVIL LAW
have jurisdiction over the
whole Philippine territory
(Sta. Maria, M., Persons
and Family Relations,
2010,, p. 135)
Ship captains or air a. The marriage must be
plane chiefs in articulo mortis (one
of the parties is at the
point of death);
b. The marriage must be
between passengers
or crew members;
c. The ship must be at
sea or the plane must
be in flight; including
stopovers at ports of
call.
Assistant pilot has no
authority to solemnize a
marriage even if airplane
chief dies during the trip
Commander of a military a. He or she must be a
unit, in the absence of military commander of
chaplain (Art. 32) a unit;
Note: Unit refers to a
battalion under the present
table of organization and
not a mere company
(Minutes of the Civil Code
Revision Committee held
on May 23, 1983, p. 4)
b. He or she must be a
commissioned officer;
Note: Rank should start
from 2nd lieutenant, ensign
and above (Webster
Dictionary, 1991 ed.)
c. A chaplain must be
assigned to such unit;
d. Such chaplain must
be absent at the time
of the marriage;
e. Marriage must be one
in articulo mortis; and
PERSONS & FAMILY RELATIONS
f. The contracting
parties, whether
members of the armed
forces or civilians,
must be within the
zone of military
operation.
Consul generals, a. Marriage must only be
consuls or vice–consuls between Filipino
of the Republic of the citizens;
Philippines abroad (Art.
10) b. Has authority to
solemnize marriage
only abroad;
c. Acts not only as
solemnizer of a
marriage but also
perform the duties of a
local civil registrar
such as the issuance
of a marriage license;
b. The solemnities
established by
Philippine laws shall
be observed in their
execution (Art. 17,
NCC).
Authorized venues of marriage (Art. 8)
General Rule: Must be solemnized publicly, and not
elsewhere, in the
1. Chambers of the judge or in open court
2. Church, chapel or temple
3. Office of consul–general, consul or vice–consul
Exceptions:
1. Marriage in articulo mortis;
2. Marriage in remote places;
3. Marriage at a house or place designated by the parties
in a sworn statement to that effect, with the written
request of both parties to the solemnizing officer (Sta.
Maria, M., Persons and Family Relations, 2010, p. 140)
Note: This provision is only directory and the requirement
that the marriage be solemnized in a particular or a public
place is not an essential requisite. (Sta. Maria, M.,
Persons and Family Relations, 2010, p. 140)
Valid marriage license (Art. 9)
A formal requisite of marriage
Issued by the local civil registrar of the city or municipality
where EITHER contracting party habitually resides.
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The license is valid in any part of the Philippines for 120
days from date of issue, which is the date when the local
civil registrar signed the license.
Automatically cancelled at the expiration of the period if
contracting parties have not made use of it (Art. 20)
Exceptions to the marriage license requirement
(MARCO):
1. Among Muslims or members of ethnic cultural
communities solemnized in accordance with their
customs, rites and practices (Art. 33)
Exception only applies to Muslims and members of the
ethnic groups of the Cordillera Autonomous Region
because they have a separate law—Code of Muslim
Personal Laws of the Philippines and Organic Act of the
Cordillera Autonomous Region (RA 6766). Other ethnic
groups are still governed by the Family Code (Sta.
Maria, M., Persons and Family Relations, 2010, p. 187).
2. In articulo mortis (Art. 27)
Marriage remains valid even if spouse at the point of
death subsequently survives (Art. 27)
3. In remote place
Residence of either party is so located that there is no
means of transportation to enable them to personally
appear before the local civil registrar (Art. 28)
4. Marriage of people who have previously cohabited for
at least 5 years /ratification by cohabitation (Art. 34)
Requisites:
a. The man and woman must have been living as
husband and wife for at least five years before the
marriage;
b. The parties must have no legal impediment to marry
each other;
c. The fact of absence of legal impediment between the
parties must be present at the time of marriage;
d. The parties must execute an affidavit before any
person authorized by law to administer oaths stating
that they have lived together for at least five years
(and are without legal impediment to marry each
other); and
e. The solemnizing officer must execute a sworn
statement that he had ascertained the qualifications
of the parties and that he had found no legal
impediment to their marriage (Manzano v. Sanchez
G.R. No. MTJ–00–1329, March 08, 2001).
The 5–year period should be computed on the basis
of cohabitation as husband and wife where the only
missing factor is the marriage contract to validate the
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union (ex: if both cohabited at the age of 17, counting
starts when parties reach 18 years).
This 5–year period should be the years immediately
before the day of the marriage and it should be a
period of cohabitation characterized by
EXCLUSIVITY – meaning no legal impediment was
present at any time within the 5 years and
CONTINUITY – that is unbroken (Republic v. Dayot,
G.R. No. 175581, March 8, 2008).
5. Solemnized outside the Phil. where no marriage license
is required by the country where they were solemnized
(Art. 26 par. 1)
Solemnizing of a marriage involving a foreign
contracting party in the Philippines (Art. 21)
When either or both parties are foreign citizens, they must
first submit a CERTIFICATE OF LEGAL CAPACITY TO
MARRY issued by their diplomatic/consular officials
before marriage license can be obtained.
Ratio: A certificate of legal capacity is necessary because
the Philippines, insofar as marriage is concerned, adheres
to the national law of the contracting parties with respect
to their legal capacity to contract marriage. Without this
certification of legal capacity, the local civil registrar will
not issue the marriage license (Sta. Maria, M., Persons
and Family Relations, 2010, p. 151).
Exception: Marriage of both foreign citizens will be
solemnized by their country’s consul-general assigned in
the Philippines, if their country’s law allows the same
Stateless persons or refugees from other countries shall
submit an affidavit stating circumstances to show capacity
to contract marriage before a marriage license can be
obtained (Art. 21 par. 2).
Marriage certificate (Art. 22)
Best documentary evidence of the existence of a marriage
(Tenebro vs. CA G.R. No. 150758 February 18, 2004).
A mere photostat copy of a marriage certificate is a
worthless piece of paper (Vda. De Chua vs. CA, G.R. No.
116835, March 5, 1998) but if such photostat copy
emanated from the Office of the Local Civil Registrar and
duly certified by the local civil registrar as an authentic
copy of the records in his office, such certified photostat
copy is admissible as evidence (Sta. Maria, M., Persons
and Family Relations, 2010, p. 154).
Testimony of one of the parties to the marriage, witnesses
or solemnizing officer is admissible to prove the fact of
marriage (Balogbog v. CA, G.R. No. 83598, March 7,
 CIVIL LAW PERSONS & FAMILY RELATIONS

1997).

It may also be proved by parol evidence (Sta. Maria, M.,

Persons and Family Relations, 2010, p.156). VALIDITY OF MARRIAGE
General Rule: Where one or both parties in the marriage
Mere cohabitation is not direct proof of marriage, and it are citizens of the Philippines, the foreign marriage is valid
must be proved by proper documents or by oral testimony in this country if solemnized in accordance with the laws
in case they have been lost (Sta. Maria, M., Persons and of the country of celebration (Art. 26).
Family Relations, 2010, p.158).
In case a Filipino contracts a foreign marriage which is null
Once the presumption of marriage arises, other evidence and void in the place where it was solemnized, the same
may be presented in support thereof. The evidence need shall also be null and void in the Philippines even if such
not necessarily or directly establish the marriage but must was valid if celebrated under Philippine laws.
at least be enough to strengthen the presumption of
marriage. Every intendment of law leans toward If both are foreigners, lex loci celebrationis applies.
legitimizing marriage (Delgado vda de De la Rosa v. Heirs
of Marciana vda de Damian, GR No 155733, January 27, Exceptions: Foreign marriages shall not be recognized in
2006). the Philippines if: (B2MA-PIP)
1. Contracted by a national who is below 18 years of age
The Supreme Court rules in (Trinidad vs. CA, G.R. No. (Art. 35(1))
118904. April 20, 1998) that when the question of whether
a marriage has been contracted arises in Note: This exception should be construed as referring
litigation, said marriage may be proven by relevant to a situation where the marriage abroad is between a
evidence. To prove the fact of marriage, the following Filipino and a Filipina and not between a Filipino or
would constitute competent evidence: the testimony of a Filipina and an alien married in the alien’s state where
witness to the matrimony, the couple’s public and open he or she (the alien), though below 18 years of age, is
cohabitation as husband and wife after the alleged capacitated to marry (Sta. Maria, M., Persons and
wedlock, the birth and the baptismal certificates of children Family Relations, 2010, p. 165).
born during such union, and the mention of such nuptial in
subsequent documents. 2. Bigamous or polygamous except as provided in Art. 41,
FC (Art. 35(4))
Marriage 3. Contracted through mistake of one party as to the
Marriage license certificate/marriage identity of the other (Art. 35(5))
contract 4. Contracted following the annulment or declaration of
Formal requisite; Not essential for the nullity of a previous marriage but before partition
validity of the marriage; (Art.35(6))
Absence renders Best evidence to prove 5. Void due to psychological incapacity (Art. 36)
marriage void ab initio existence (not validity) of 6. Incestuous (Art.37)
except in the cases marriage 7. Void for reasons of public policy (Art. 38)
provided under Art. 27 to
34 Note: The existence of the pertinent provision of the
Issued by the local civil Issued by the person foreign marriage law must be shown to prove a foreign
registrar (Art. 19) solemnizing the marriage.
marriage (Art. 23)
Issued before the Issued after the It is well-settled in our jurisdiction that our courts cannot
solemnization of the solemnization of the take judicial notice of foreign laws. Like any other facts,
marriage marriage they must be alleged and proved. Australian marital laws
are not among those matters that judges are supposed to
Note: Marriage certificate is NOT an essential requisite of know by reason of their judicial function. The power of
marriage and should NOT be confused with a marriage judicial notice must be exercised with caution, and every
license. reasonable doubt upon the subject should be resolved in
the negative (Garcia vs. Recio, G.R. No. 138322 October
2, 2001).
M ARRIAG E C ELEBRATED
O UTSIDE THE P HILIP PINES DIVORCE
(A RT .26)

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General rule: Divorce is not allowed in the Philippines
Exceptions:
1. Between 2 aliens – if valid in their national laws even if
marriage was celebrated in the Philippines
2. Between a Filipino and an alien – if (a) there is a valid
marriage celebrated between a Filipino citizen and a
foreigner; and (b) a valid divorce according to the
national law of the foreigner is obtained abroad by the
alien spouse capacitating him or her to remarry (Art.
26[2])).
The Filipino spouse should likewise be allowed to
remarry as if he or she was a foreigner at the time of the
solemnization of the marriage. To rule otherwise would
sanction absurdity and injustice (Republic v. Orbecido
III G.R. No. 154380 October 5, 2005).
Party pleading it must prove divorce as a fact and
demonstrate its conformity to the foreign law allowing it,
which must be proved as courts cannot take judicial
notice of foreign laws. If a valid divorce decree has been
obtained abroad, there is no more need to file an action
to nullify the marriage. The plaintiff has no more
personality to sue since the marriage bond has already
been severed (Felicitas Amor-Catalan v. CA, G.R. No.
167109, February 6, 2007).
Article 26(2) applies where parties were Filipino citizens
at the time of the marriage was celebrated, and later on,
one of them becomes naturalized as a foreign citizen
and obtains a divorce decree: the reckoning point is
their citizenship at the time the valid divorce is obtained
abroad by the alien spouse capacitating the latter to
remarry (Rep. v. Obrecido III, G.R. No. 154380, Oct. 5,
2005).
In Edgar San Luis v. Felicidad Sagalongos (G.R. No.
134029, February 6, 2007), it was held that a Filipino
who had been divorced by his alien spouse abroad may
NOT validly remarry in the Philippines if the marriage
was solemnized BEFORE the Family Code took effect.
It was noted that there is no need to retroactively apply
Art. 26 paragraph 2 of the Family Code, since there is
sufficient jurisprudential basis allowing the Court to rule
in the affirmative.
There must be a showing that the divorce decree gave
the foreigner spouse legal capacity to remarry because
in some jurisdictions, remarriage may be limited or
prohibited (Bayot v. Bayot, G.R. No. 155635 & 163979,
November 7, 2008).
The legislative intent is for the benefit of the Filipino
spouse, by clarifying his or her marital status, settling
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the doubts created by the divorce decree. Essentially,
the second paragraph of Article 26 of the Family Code
provided the Filipino spouse a substantive right to have
his or her marriage to the alien spouse considered as
dissolved, capacitating him or her to remarry (Corpus v.
Sto. Tomas, G.R. No. 186571, August 11, 2010).
V OID M ARRI AGE S (A RT .35)
KINDS OF VOID MARRIAGES (LAPIS):
I. Those contrary to law or public policy
II. Due to absence of essential or formal requisites
III. Due to psychological incapacity
IV. Incestuous marriages
V. Void subsequent marriages
Note: As a general rule, good faith and bad faith are
immaterial in determining whether or not a marriage is null
and void. Nonetheless, the party who knew that he or she
was entering a void marriage before its solemnization may
be held liable for damages by the other contracting party
under Art,19, 20 and 21 of the Civil Code.
Exceptions:
1. Art. 35 (2): either of the contracting parties is in good
faith in believing that the solemnizing officer has
authority although he has none in fact
2. Art. 41: person whose spouse disappears for four
consecutive years, or two years where there was
danger of death, the present spouse may validly marry
again after he or she:
a. Has a well-founded belief that his or her spouse is
dead;
b. Procures a judicial declaration of presumptive death;
c. At the time of subsequent marriage ceremony, is in
good faith with the subsequent spouse; otherwise, the
subsequent marriage shall be considered
void.
In these two cases, it is necessary that both contracting
parties be in bad faith in order for the marriage to be
considered void.( Sta. Maria, M., Persons and Family
Relations, 2010, p. 195)
BAD FAITH AS AFFECTING PROPERTY DISPOSITION
General rule: In a void marriage, the property regime is
one of co-ownership (Art. 147 and 148). The law provides
that the person in bad faith will forfeit his or her share in
the co-ownership in favour of their common children.
Exception: Void subsequent marriage due to the failure
of a party to get a prior judicial declaration of nullity of the
previous void marriage pursuant to Art. 40 of the Family
Code in which case Art. 43 par. 2 (instead of Art. 147 or
 CIVIL LAW
148) shall apply (Sta. Maria, M., Persons and Family
Relations, 2010, p. 195-196).
IMPRESCRIPTIBILITY OF ACTION FOR
DECLARATION OF NULLITY
General Rule: The action or defense for the declaration
of absolute nullity of a marriage shall not prescribe (Art.
39, as amended by R.A. 8533 approved on February 23,
1998).
Only the spouses can file petition for declaration of
nullity
Pursuant to A.M. No. 02-11-10-SC (SC Resolution which
took effect on March 15, 2003), a petition for declaration
of absolute nullity of void marriage may be filed solely by
the husband or the wife. Thus, compulsory or intestate
heirs can question the validity of the marriage of the
spouses, not in a proceeding for declaration of nullity, but
upon the death of a spouse in a proceeding for the
settlement of the estate of the deceased spouse filed in
the regular courts (Enrico v. Heirs of Medinaceli, G.R. No.
173614, September 28, 2007).
Declaration of nullity not a prejudicial question
The pendency of the civil action for nullity of marriage does
not pose a prejudicial question in a criminal case for
concubinage (Beltran vs. People, G.R. No. 137567, June
20, 2000). This ruling applies in a case for bigamy by
analogy since both crimes presuppose the subsistence of
a marriage (Bobis v. Bobis, G.R. No.138509, July 31,
2000).
ATTACKING A VOID MARRIAGE
General rule: A void marriage can be attacked
collaterally.
Exceptions:
a. Art. 40: a person in a void marriage who wants to
remarry must first file a civil case to obtain a judicial
declaration of nullity of the first marriage
b. Obtaining a judicial declaration of nullity for purposes
other than remarriage (legitimacy, settlement of estate,
criminal case) when the validity of the marriage is an
issue
c. If a donor desires to revoke a donation propter nuptias
(in consideration of the marriage) given to one or both
the spouses on the ground that the marriage is void
(Sta. Maria, M., Persons and Family Relations, 2010, p.
196-198).
JUDICIAL DECLARATION OF NULLITY (Art. 40)
The absolute nullity of a previous marriage may be
invoked for purposes of remarriage on the basis solely of
PERSONS & FAMILY RELATIONS
a final judgment declaring such previous marriage void
(Art. 40).
Remarriage is not the sole purpose of declaration of nullity
of a marriage as it can be declared void for other purposes
For purposes of remarriage, the only legally acceptable
basis for declaring a previous marriage an absolute nullity
is a final judgment declaring such previous marriage void
Parties to a marriage should not be permitted to judge for
themselves its nullity, only competent courts having such
authority. Prior to such declaration of nullity, the validity of
the first marriage is beyond question (Landicho vs. Rolova
L-22579, February 23, 1968).
One who enters into a subsequent marriage without first
obtaining such judicial declaration is guilty of bigamy. This
principle applies even if the earlier union is characterized
by statute as “void” (Manuel vs. People, G.R. No. 165842,
November 29, 2005).
Interestingly, in Lucio Morigo v. People, (GR No. 145226,
Feb. 6, 2004), the SC ruled that a judicial declaration of
nullity is NOT NEEDED where NO MARRIAGE
CEREMONY at all was performed by a duly authorized
solemnizing officer, as where the parties merely signed a
marriage contract on their own without the presence of the
solemnizing officer.
The requirement for a declaration of absolute nullity of a
marriage is also for the protection of the spouse who,
believing that his or her marriage is illegal and void,
marries again. With the judicial declaration of the nullity of
his or her marriage, the person who marries again cannot
be charged with bigamy. A judicial declaration of nullity is
required before a valid subsequent marriage can be
contracted; or else, what transpires is a bigamous
marriage, reprehensible and immoral. (Teves vs. People,
G.R. No. 188775, August 24, 2011).
For purposes other than remarriage, such as but not
limited to determination of heirship, legitimacy or
illegitimacy of a child, settlement of estate, dissolution of
property regime or criminal case, other evidence is
acceptable to show the nullity of the marriage and the
court may pass upon the validity of marriage so long as it
is essential to the determination of the case (Niñal vs.
Bayadog, G.R. No. 133778, March 14, 2000).
Collateral attack of marriage is allowed.
In a case for concubinage, the accused need not present
a final judgment declaring his marriage void, for he can
adduce evidence in the criminal case of the nullity of his
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marriage other than proof of a final judgment declaring his
marriage void (Beltran vs. People, G.R. No. 137567, June
20, 2000).
I. VOID MARRIAGES DUE TO ABSENCE OF ANY OF
THE ESSENTIAL OR FORMAL REQUISITES: (BB–
LAPIS)
1. Contracted by any party below 18 years of age even
with parental consent
2. Bigamous or polygamous marriages except Art 41
3. Solemnized WITHOUT a license except as otherwise
provided
4. Solemnized by any person NOT LEGALLY authorized
to perform marriages UNLESS one or both of the parties
believed in good faith that the solemnizing officer had
the legal authority to do so
5. Marriages contracted through mistake of one of the
parties as to the physical identity of the other
6. Subsequent marriages that are void under Article 53 of
the Family Code
General rule: A marriage contracted by any person
during the subsistence of a previous valid marriage shall
be null and void (Gomez v. Lipana, GR. No. L–23214,
June 30, 1970).
Elements of bigamy (Art. 349, RPC):
a. The offender has been legally married.
b. The marriage has not been legally dissolved or in
case his or her spouse is absent, the absent spouse
could not yet be presumed dead according to the Civil
Code.
c. The offender contracts a second or subsequent
marriage.
d. The second or subsequent marriage has all the
essential requisites for validity.
. nullity, the subsequent bigamous marriage remains
Exception: Before the celebration of the subsequent
marriage, a declaration of presumptive death is
obtained after complying with the following
requirements: (JAB)
i. Judicial declaration of presumptive death; present
spouse must file a summary proceeding for the
declaration of the presumptive death of the
absentee without prejudice to the latter’s
reappearance.
ii. Absence of the other spouse must have been for 4
consecutive years, or 2 years where there was
danger of death under circumstances laid down in
Art. 391 of the NCC;
iii. Well-founded belief of the present spouse who
wishes to marry that absent spouse is already
dead; and
There is no well-founded belief that the absent
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spouse is already dead when the present party fails
to conduct a diligent search for the missing party
(Republic v. Nolasco, G.R. No. 94053, March 17,
1993).
Note: This is intended to protect the present
spouse from criminal prosecution for bigamy under
Art 349 of the Revised Penal Code. However, if the
bigamous marriage was committed abroad, the
guilty party cannot be criminally prosecuted for
bigamy in the Philippines as our penal statutes are
territorial in nature.
Exception to the exception: If both spouses of the
subsequent marriage acted in bad faith, said
marriage shall be void ab initio and all donations
made by one in favor of the other are revoked by
operation of law (Art. 44).
Effect of reappearance of absent spouse:
General rule: The subsequent bigamous marriage
under Article 41 remains valid despite reappearance
of the absentee spouse.
Exception: Subsequent marriage is automatically
terminated if the reappearance was recorded in a
sworn statement in the civil registry of the residence
of the parties to the subsequent marriage at the
instance of any interested person with due notice to
said spouses, without prejudice to the fact of
reappearance being judicially determined in case
such fact is disputed.
Exception to the exception: If there was a previous
judgment annulling or declaring the first marriage a
valid.
Notes: If the absentee reappears, but no step is taken
to terminate the subsequent marriage either by
affidavit or by court action, the absentee’s mere
reappearance even if made known to the spouses in
the subsequent marriage will not terminate such
marriage (SSS v. Bailon, G.R. No 165545, March 24,
2006).
By express provision of law (Art. 247, FC), the
judgment of the court in a summary proceeding shall
be immediately final and executory. As a matter of
course, it follows that no appeal can be had of the trial
court’s judgment in a summary proceeding for the
declaration of presumptive death of an absent spouse
under Article 41 of the Family Code. It goes without
saying, however, that an aggrieved party may file a
 CIVIL LAW
petition for certiorari to question abuse of discretion
amounting to lack of jurisdiction. Such petition should
be filed in the Court of Appeals in accordance with the
Doctrine of Hierarchy of Courts (Republic vs. Tango
G.R. No. 161062 July 31, 2009).
Note: Enumeration in Art 35 is NOT exclusive. Other
VOID marriages include:
1. Marriages in a play, drama, or movie
2. Marriages between two boys and two girls
3. Marriages in jest
4. Common law marriages
II. PSYCHOLOGICAL INCAPACITY (Art. 36)
No less than a mental (not physical) incapacity that causes
a party to be truly incognitive of the basic marital
covenants that concomitantly must be assumed and
discharged by the parties to the marriage. Its meaning is
confined to the most serious cases of personality
disorders clearly demonstrative of an utter insensitivity or
inability to give meaning and significance to the marriage.
This psychological condition must exist at the time the
marriage is celebrated (Santos vs. CA, G.R. No. 112019,
January 4, 1995).
Psychological incapacity
It is the downright incapacity or inability to take cognizance
of and to assume the basic marital obligations. The burden
of proving psychological incapacity is on the plaintiff. The
plaintiff must prove that the incapacitated party, based on
his or her actions or behavior, suffers a serious
psychological disorder that completely disables him or her
from understanding and discharging the essential
obligations of the marital state. The psychological problem
must be grave, must have existed at the time of marriage,
and must be incurable (Kalaw v. Fernandez, G.R. No.
166357, September 19, 2011).
In Marable v. Marable, G.R. No. 178741, January 17,
2011, the Supreme Court ruled that “the term
‘psychological incapacity’ to be a ground for the nullity of
marriage under Article 36 of the Family Code, refers to a
serious psychological illness afflicting a party even before
the celebration of the marriage. These are the disorders
that result in the utter insensitivity or inability of the afflicted
party to give meaning and significance to the marriage he
or she has contracted. Psychological incapacity must refer
to no less than a mental (not physical) incapacity that
causes a party to be truly incognitive of the basic marital
covenants that concomitantly must be assumed and
discharged by the parties to the marriage.”
Requisites of psychological incapacity: (JIG)
PERSONS & FAMILY RELATIONS
1. Juridical Antecedence – Must be rooted in the history of
the party antedating the marriage, although the overt
manifestations may emerge only after the marriage; and
2. Incurability – Must be incurable or, even if it were
otherwise, the cure would be beyond the means of the
party involved;
3. Gravity – must be grave/serious such that the party
would be incapable of carrying out the ordinary duties
required in a marriage (Santos vs. CA, G.R. No.
112019, January 4, 1995).
May involve a senseless, protracted and constant refusal
to comply with the essential marital obligations by one or
both of the spouses although he, she or they are physically
capable of performing such obligations (Chi Ming Tsoi v.
CA, G.R. No. 119190, Jan. 16, 1997).
A person who is unable to distinguish between fantasy and
reality would be unable to comprehend the legal nature of
the marital bond much less its psychic meaning and the
obligations attached to the marriage, including parenting.
One unable to adhere to reality cannot be expected to
adhere as well to any legal or emotional commitments
(Antonio v. Reyes, G.R. No. 155800, March 10, 2006).
While disagreements on money matters would, no doubt,
affect the other aspects of one’s marriage as to make the
wedlock unsatisfactory, this is not a sufficient ground to
declare a marriage null and void. In fact, the Court takes
judicial notice of the fact that disagreements regarding
money matters are common, and even normal
occurrences between husbands and wives (Tongol vs.
Tongol, G.R. No. 157610, October 19, 2007).
Petitioner is not entitled to moral damages based on
declaration of psychological incapacity because the award
of moral damages should be predicated, not on the mere
act of entering into the marriage, but on specific evidence
that it was done deliberately and with malice by a party
who had known of his or her disability and yet willfully
concealed the same (Noel Buenaventura v. CA, et al.,
G.R. No. 127358, March 31, 2005).
Jurisprudential guidelines (Molina doctrine) (Republic
v. Molina G.R. No. 108763, February 13, 1997): (PROBE
PIG)
1. Incapacity must be permanent or incurable;
2. Root cause of the psychological incapacity must be:
a. Medically or clinically identified
b. Alleged in the complaint:
i. Sufficiently proven by experts
ii. Clearly explained in the decision
3. Marital obligations refer to Art. 68–71, 220,221 and 225
of the FC;
4. Plaintiff has burden of proof;
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 PERSONS & FAMILY RELATIONS
5. Incapacity proven to be existing at the time of the
celebration of marriage;
6. Trial court must order the prosecuting attorney or fiscal
and the Solicitor General to appear for the state;
7. Illness is grave enough to bring about disability to
assume essential marital obligations; and
Interpretations of the National Appellate Matrimonial
Tribunal of the Catholic Church of the Philippines while
not controlling should be given great respect.
Note: The Supreme Court said that the provisions of
Article 36 should be interpreted on a case-to-case basis.
The Court said: “Let it be remembered that each case
involving the application of Article 36 must be treated
distinctly and judged not on the basis of a priori
assumptions, predilections or generalizations but
according to its own attendant facts. Courts should
interpret the provision on a case-to-case basis, guided by
experience, the findings of experts and researchers in
psychological disciplines, and by decisions of church
tribunals.” (Aurelio vs. Aurelio, G.R. No. 175367, June 6,
2011).
In Te v. Yu-Te (G.R. No. 161793, February 13, 2009), the
SC stressed that it is the court, on a case to case basis,
which determines whether a party to a marriage is
psychologically incapacitated, and that each case should
be treated differently. In ruling that the doctrine in Republic
vs. CA and Molina (1997) was inapplicable, the Court
declared that cases of psychological incapacity should be
decided not on the basis of a priori assumptions,
predictions or generalizations but according to its own
facts. Courts should interpret the provision on a case-to-
case basis; guided by experience, the findings of experts
and researchers in psychological disciplines, and by
decisions of church tribunals. While it was not suggesting
the abandonment of the Molina doctrine, it ruled that said
doctrine has become a strait-jacket, forcing all sizes to fit
into and be bound by it, and in conveniently applying said
doctrine, has allowed diagnosed sociopaths,
schizophrenics, nymphomaniacs, narcissists and the like,
to continuously debase and pervert the sanctity of
marriage.
In ruling that both parties to the marriage were
psychologically incapacitated, the Court also stressed that
the expert opinion on the psychological and mental
temperament of the parties must not be discounted, but
must instead be considered as decisive evidence.
The wife’s promiscuity and the psychiatrist’s report that
she was suffering from social personality disorder
exhibited by blatant display of infidelity, emotional
immaturity, and irresponsibility cannot be equated with
psychological incapacity (Dedel v. Court of Appeals, G.R.
No. 151867, January 29, 2004).
18 SAN BEDA COLLEGE OF LAW
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Similarly, the husband’s alleged alcoholism, drunkenness,
his habitual verbal and physical abuse of the wife, failure
to support the latter and her children, and unbearable
jealousy, do not constitute psychological incapacity
(Republic vs. Melgar, G.R. No. 139676,March 31, 2006).
In Marcos v. Marcos (GR. NO. 136490, October 19, 2000),
the SC held that psychological incapacity may be
established by the totality of the evidence presented. The
facts alleged in the petition and the evidence presented,
considered in totality, should be sufficient to convince the
court of the psychological incapacity of the party
concerned (Bernardino S. Zamora vs. CA, G.R. No.
141917, February 7, 2007).
There is NO REQUIREMENT that the person sought to be
declared psychologically incapacitated should be
personally examined by a physician or psychologist as a
condition sine qua non to arrive at such declaration. It can
be proven by independent means that one is
psychologically incapacitated; there is no reason why the
same should not be credited (Republic of the Philippines
vs. Laila Tanyag-San Jose and Manolito San Jose, G.R.
No. 168328, February 28, 2007).
Psychological incapacity is not meant to comprehend all
possible cases of psychoses. The fourth guideline in
Molina requires that the psychological incapacity as
understood under Art. 36 (FC) must be relevant to the
assumption of marriage obligations, not necessarily to
those not related to marriage, like the exercise of a
profession or employment in a job (Tongol vs. Tongol,
G.R. No. 157610, October 19, 2007).
Final judgment denying a petition for nullity on the ground
of psychological incapacity bars a subsequent petition for
declaration of nullity on the ground of lack of marriage
license. There is res judicata (Mallion vs. Alcantara, G.R.
No. 141528, October 31, 2006).
In petitions for the declaration of nullity of marriage, the
burden of proof to show the nullity of marriage lies with the
plaintiff. Unless the evidence presented clearly reveals a
situation where the parties, or one of them, could not have
validly entered into a marriage by reason of a grave and
serious psychological illness existing at the time it was
celebrated, we are compelled to uphold the indissolubility
of the marital tie (Republic v. Galang, G.R. No. 168335,
June 6, 2011).
III. INCESTUOUS MARRIAGES, WHETHER THE
RELATIONSHIP IS LEGITIMATE OR ILLEGITIMATE,
BETWEEN (Art. 37):
1. Ascendants & Descendants of any degree;
2. Brothers & Sisters whether full or half blood
 CIVIL LAW PERSONS & FAMILY RELATIONS

(Sta. Maria, M., Persons and Family Relations, 2010, p.

IV. THOSE CONTRARY TO PUBLIC POLICY 251-253).
CONTRACTED BETWEEN (Art. 38): (CS-PASS-AKA)
1. Collateral blood relatives whether legitimate or
illegitimate up to the 4th civil degree V. VOID SUBSEQUENT MARRIAGES
2. Step–parents & step children 1. Without judicial declaration of nullity of previous void
3. Parents–in–law & children–in–law marriage (Art. 40)
4. The adopting parent & the adopted child 2. Without judicial declaration of presumptive death of
5. The surviving spouse of the adopting parent & the absent spouse (Art. 41)
adopted child
6. The surviving spouse of the adopted child & the adopter No judicial proceeding to annul a subsequent marriage
7. Adopted child & a legitimate child of the adopter contracted under Art. 41 is necessary. Also, the
8. Parties where one, with the intention to marry the other, termination of the subsequent marriage by affidavit
killed the latter’s spouse, or his/her spouse. provided for in Art. 42 does not preclude the filing of an
9. Adopted children of the same adopter action in court to prove the reappearance of the absentee
Note: There is no need for conviction in a criminal case and obtain a declaration of dissolution or termination of the
of the guilty party. The fact of killing committed by one subsequent marriage (SSS vs. Vda. De Ballon, G.R. No.
of the parties to the marriage can be proved in a civil 166645, March 24, 2006).
case.
3. Where the absent spouse was presumed dead, and
The following can now marry each other: (LSG-AC2) both the present spouse and would–be spouse were in
1. Brother–in–law and sister–in–law bad faith in contracting marriage (Art. 44)
2. Stepbrother and stepsister 4. Failure to comply with Art. 52 requiring the partition and
3. Guardian and ward distribution of properties and delivery of children’s
4. Adopted and illegitimate child, parents and relatives by presumptive legitimes which should be recorded in the
consanguinity or affinity of the adopter; appropriate civil registry and registry of property after
5. Parties who have been convicted of adultery or obtaining judgment for declaration of nullity or
concubinage annulment (Art. 53)
6. Collateral relatives by the half blood.
Note: Failure to record in the civil registry and registry of
Determination if two persons are relatives up to the 4th property the judgment of annulment or of absolute nullity
civil degree: of the marriage, partition and distribution of the property of
1. Consider the nearest and immediate common the spouses and the delivery of the children’s presumptive
ascendant legitimes shall not affect third persons (Arts. 52–53).
2. Count the number of relatives from one of them to the
common ascendant and from the common ascendant to VOID AND VOIDABLE MARRIAGE DISTINGUISHED
the other one. Void Voidable
Decree of nullity Decree of annulment
Relationship by consanguinity is in itself not capable of Ratified by free
Incapable of ratification
dissolution. Hence, the mere fact that a common cohabitation
ascendant, a grandfather for example, died does not sever Can be attacked directly Can be attacked directly
the blood relationship of first cousins. or collaterally only
Can still be impugned Can no longer be
Two views on termination of marriage on the “affinity even after death of impugned after death of
prohibition” parties one of the parties
a. Relationship by affinity terminates with the termination Co–ownership of Generally Conjugal
of the marriage whether there are children or not in the properties through joint Partnership or Absolute
marriage. actual contributions Community
b. Relationship by affinity is dissolved if one of the spouses Always void Valid until annulled
dies and the spouses have no living issues or children; Action for declaration of
it does not cease if there are living issues or children of Action prescribes
nullity does not prescribe
the marriage ‘in whose veins the blood of the parties are
commingled, since the relationship of affinity was See Comparative Chart on Effects of Declaration of
continued through the medium of the issue of marriage Nullity, Annulment and Termination of Marriage in Art. 41
and Legal Separation.

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 PERSONS & FAMILY RELATIONS
V OIDABLE M ARRI AGES
(A RT .45)
Unlike void marriages which is invalid from the beginning,
voidable marriages are considered valid until annulled.
The grounds for annulment of marriage are exclusive (Sta.
Maria, M., Persons and Family Relations, 2010, p. 291).
Grounds: (AUF-VPS) must exist AT THE TIME of
marriage
1. Absence of consent to contract marriage from the
parents, guardian or person exercising substitute
parental authority (in that order) over one or both of the
parties, where one or both of the parties is over 18 but
below 21
2. Unsound mind of either party
The true test is whether the party concerned could
intelligently consent; that is, that he knew what contract
he was entering into (Hoadley v. Hoadley, 244 N.Y.
424).
Intoxication which results in lack of mental capacity to
give consent is equivalent to unsoundness of mind
(McKnee v. McKnee, 49 Nev. 90).
So is somnambulism at the time of wedding (15
Sanchez Roman 528).
3. Consent of either party obtained by fraudulent means
as enumerated in Art. 46: (NPSD)
a. Non–disclosure of a previous conviction by final
judgment of the other party of a crime involving moral
turpitude;
b. Concealment by the wife of the fact that at the time of
the marriage, she was pregnant by a man other than
her husband;
Must have been done in bad faith. If the woman did
not expressly inform the man of her pregnancy but
such physical condition was readily apparent to the
man, he cannot claim lack of knowledge thereof
(Buccat vs. Buccat, G.R. No. 47101, April 25, 1941).
c. Concealment of a sexually transmissible disease,
regardless of its nature, existing at the time of the
marriage; and
Nature or gravity of disease is irrelevant; it is enough
that there was concealment at the time of the
20 SAN BEDA COLLEGE OF LAW
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CIVIL LAW
ceremony.
d. Concealment of drug addiction, habitual alcoholism,
homosexuality or lesbianism existing at the time of the
marriage
Note: There is fraud when, through insidious words
or machinations of one of the contracting parties, the
other is induced to enter into a contract which, without
them, he would not have agreed to (Art. 1338, NCC).
The enumeration in Article 46 is exclusive. Hence,
misrepresentation as to character, health, rank,
fortune or chastity is NOT a ground for annulment
(Anaya vs. Palaroan, GR. No. L–27930, November
26, 1970)
4. Vitiated consent of either party through force,
intimidation or undue influence
Criminal liability attaches to anyone who uses violence,
intimidation and fraud in contracting a marriage (Art. 350
RPC)
Violence
When in order to wrest consent, serious or irresistible
force is employed (Art. 1335 par. 1, NCC).
Intimidation
When one of the contracting parties is compelled by a
reasonable and well-grounded fear of an imminent and
grave evil upon his person or property, or upon the
person or property of his spouse, descendants or
ascendants, to give his consent (Art. 1335 par. 2, NCC)
Factors to consider in violence and intimidation: the age,
sex and condition of the person. A threat to enforce
one’s claim through competent authority, if the claim is
just or legal, does not vitiate consent (Art. 1335 par. 3
and 4, NCC)
Undue influence
It is when a person takes improper advantage of
another, depriving the latter of reasonable freedom of
choice.
Factors to consider: the confidential, family, spiritual
and other relations between the parties or the fact that
the person alleged to have been unduly influenced was
suffering from mental weakness or was ignorant or in
financial distress (Art 1337, NCC).
5. Physical incapability of either party to consummate the
marriage with the other, and such incapacity continues
and appears to be incurable (impotency)
 CIVIL LAW PERSONS & FAMILY RELATIONS

Persons Prescrip-
Grounds Ratifi-
Impotency being an abnormal condition should not be Who May tive
(F2I2NS) cation
presumed. The presumption is in favor of potency Sue Period
(Jimenez vs. Cañizares G.R. No. L-12790 August 31, Free
1960). cohabita-
Within 5
tion after
Article 45(5) of the Family Code refers to lack of power Force, Injured years from
disap-
to copulate. Incapacity to consummate denotes the intimida- party the time
pearance
permanent inability on the part of the spouses to tion, or the force,
of force,
perform the complete act of sexual intercourse. Non- undue intimida-
intimida-
consummation of a marriage may be on the part of the influence tion, or
tion /
husband or of the wife and may be caused by a physical undue
undue
or structural defect in the anatomy of one of the parties influence
influence
or it may be due to chronic illness and inhibitions or ceased
respect-
fears arising in whole or in part from psychophysical tively
conditions. It may be caused by psychogenic causes, Free
where such mental block or disturbance has the result cohabita-
of making the spouse physically incapable of performing tion even
the marriage act (Alcazar vs. Alcazar G.R. No.174451 Within 5
with full
October 13, 2009). years from
Injured know-
Fraud the
party ledge of
Requisites for annulment due to impotence: discovery
facts
(CUPIN) of fraud
constitu-
a. It exists at the time of the celebration of the marriage; ting the
b. It is unknown to the other spouse; fraud
c. It is permanent; Within 5
d. It is incurable; and No
Incapabi- years after
e. The other spouse must not also be impotent. ratification
lity to Injured the
since
consum- party celebration
Doctrine of triennial cohabitation defect is
mate of the
Presumption that the husband is impotent should the permanent
marriage
wife still remain a virgin for at least 3 years from time Sane Anytime
spouses started cohabiting (Tompkins vs. Tompkins, 92 spouse before the Free
NJ 113 as cited Sta. Maria, p. 307-308; Paras, p. 450- who has death of cohabita-
451). no know- either tion after
ledge of party insane
Refusal on the part of a Filipino girl to submit to a the regains
physical examination to determine impotency does NOT insanity sanity
raise the presumption of impotency because of the
natural modesty of our native girls. (Jimenez v. Relative
Canizares, L-12790, August 31, 1960) Anytime
guardian
before the
Insanity or persons
6. Sexually transmissible disease of either party found to death of
having Free
be serious and appears to be incurable. either
legal cohabita-
Elements: (ESSA) party
charge of tion after
a. Existing at the time of marriage the insane insane
b. Sexually transmissible disease During regains
c. It is serious; and lucid sanity
d. Appears incurable Insane interval or
ACTION FOR ANNULMENT OF VOIDABLE spouse after
MARRIAGES (Art. 47) regaining
sanity

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Persons Prescrip- and support of common children

Grounds Ratifi-
Who May tive 2. Give paramount consideration to the moral and material
(F2I2NS) cation
Sue Period welfare of the said children and their choice of the
Parent/ parent with whom they wish to remain.
Anytime 3. Provide for appropriate visitation rights. (Art. 49, FC)
legal
before the
guardian
“no Visitation rights flow from the natural right of both parents
having
consent” Free to each other’s company. There being no such parent–
charge of
party cohabita- child relationship between them, Gerardo has no
Non– the “no–
reaches 21 tion after demandable right to visit the child of Mario with Theresa
consent consent”
reaching (Concepcion vs. CA GR. No. 12345, August 31, 2005).
party
age of 21
Within 5
“No Decision on the nullification of the marriage
years after
consent” No judgment shall be based upon stipulation of facts or
reaching
party confession of judgment (Art. 48 par. 2).
21
Within 5
No ratifica- Stipulation of facts
years after
tion since An admission by both parties made in court agreeing to
Injured the
STD defect is the existence of the act constituting the ground for
party celebration
perma- annulment or for the declaration of nullity.
of the
nent.
marriage
Confession of judgment
Note: Whichever comes first may convalidate the The admission made in court by the respondent admitting
marriage: cohabitation OR prescription. fault as invoked by the plaintiff to sever the marriage ties
(Sta. Maria, M., Persons and Family Relations, 2010, p.
Additional requirements for annulment or declaration 319).
of nullity (Art. 48 par. 1; Supreme Court En Banc
Resolution A.M. 02-11-10-SC) If the defendant spouse fails to answer the complaint, the
Prosecuting attorney or fiscal should: court CANNOT declare him or her in default; instead, it
1. Appear on behalf of the state should order the public prosecutor to determine if collusion
2. Take steps to prevent collusion between the parties exists between the parties (Section 6, Rule 18 of the
3. Take care that evidence is not fabricated or suppressed Revised Rules of Court; Sec. 13 (b); Supreme Court En
(Sec.9) Banc Resolution A.M. 02-11-10-SC).

There will be collusion only if the parties had arranged to
make it appear that a ground existed or had been
committed although it was not, or if the parties had
connived to bring about a matrimonial case even in the
absence of grounds therefor (Ocampo vs. Florenciano,
G.R. No. L–13553, February 23, 1960).
If aside from a stipulation of facts or a confession of
judgment, sufficient evidence was presented, the court
may render a judgment annulling the marriage (Ocampo
v. Florenciano, GR. No. L–13553, February 23, 1960).
Note: The rule also applies to Legal Separation

However, petitioner’s vehement opposition to the
annulment proceedings negates the conclusion that
collusion existed between the parties. Under these
circumstances, the non–intervention of a prosecuting
attorney to assure lack of collusion between the
contending parties is not fatal to the validity of the
proceedings in the trial court (Tuason vs. CA, G.R. No.
116607, April 10, 1996).
Pendency of action for annulment
During the pendency of the action and in the absence of
adequate provisions in a written agreement between the
spouses, the court shall:
1. Provide for the support of the spouses and the custody
After court grants petition, it shall issue the decree of
absolute nullity or annulment only after compliance with
the following:
1. Must proceed with the liquidation, partition, and
distribution of the properties of the spouses including
custody and support of the common children unless
such matters had been adjudicated in previous judicial
proceedings.
2. Delivery of the children’s presumptive legitimes in cash,
property or sound securities unless otherwise mutually
agreed upon and judicially approved.
Delivery shall in no way prejudice the ultimate
successional rights of the children accruing upon the

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 CIVIL LAW
death of either or both parents
The value of the properties received shall be considered
as advances.
3. Registration of the entry of judgment granting petition
for declaration of absolute nullity or annulment in the
Civil Registry where the marriage was celebrated and in
the Civil Registry of the place where the FC was located.
4. Registration of approved partition and distribution of
properties of the spouses in the proper Registry of
Deeds where the real properties are located.
Note: The rule applies to Legal Separation.
Effects of nullity
1. Either of the former spouses may marry again after
complying with the requirements of Art. 52 (Art. 53).
2. On Children (Art. 54)
a. Those conceived or born before the judgment or
annulment or absolute nullity of the marriage under
Art. 36 has become final and executory, shall be
considered legitimate.
b. Those conceived or born of the subsequent marriage
under Art. 53 shall likewise be legitimate.
In both instances under Articles 40 and 45, the marriages
are governed either by absolute community of property or
conjugal partnership of gains unless the parties agree to a
complete separation of property in a marriage settlement
entered into before the marriage. Since the property
relations of the parties is governed by absolute community
of property or conjugal partnership of gains, there is a
need to liquidate, partition and distribute the properties
(Dino v. Dino, G.R. No. 178044, January 19, 2011).
L EG AL S E PAR ATION
A decree of legal separation or relative divorce does not
affect the marital status, there being no severance of the
vinculum (Laperal v. Republic G.R. No. L-18008 October
30, 1962).
A legal separation involves nothing more than bed-and-
board separation of the spouses (Lapuz v. Eufemio G.R.
No. L-30977 January 31, 1972).
EXCLUSIVE GROUNDS FOR LEGAL SEPARATION:
(Art. 56) (PAA-ID-LAMBS)
1. Repeated physical violence or grossly abusive conduct
directed against the petitioner, a common child, or a
child of the petitioner
2. Attempt of the respondent to corrupt or induce the
PERSONS & FAMILY RELATIONS
petitioner, a common child, or a child of the petitioner,
to engage in prostitution, or connivance in such
corruption or inducement
Refers to prostitution only and irrespective of the age of
the child (Sta. Maria, M., Persons and Family Relations,
2010, p. 356)
The law does not give a cause of action to the petitioner
to file a case for legal separation on the ground that the
respondent-spouse committed the ground provided in
Art. 55(3) upon his or her own child with another person.
However, such act may be a cause to suspend or
terminate, depending on the severity, the parental
authority of the respondent over his own child pursuant
to Art. 231 (2) and (4) of he Family Code (Sta. Maria,
M., Persons and Family Relations, 2010, p. 357).
3. Attempt by the respondent against the life of the
petitioner
The attempt on the life of the spouse must proceed from
an evil design and not from any justifiable cause like
self-defense or from the fact that the spouse caught the
other in flagrante delicto having carnal knowledge with
another man or woman (Sta. Maria, M., Persons and
Family Relations, 2010, p. 359-360).
4. Final judgment sentencing the respondent to
imprisonment of more than 6 years even if pardoned
5. Drug addiction or habitual alcoholism of the respondent
6. Lesbianism or homosexuality of the respondent
7. Abandonment of the petitioner by the respondent
without justifiable cause for more than 1 year
There must be absolute cessation of marital relations,
duties, and rights, with the intention of perpetual
separation (Partosa-Jo vs. CA, G.R. No. 82606,
December 18, 1992). Abandonment implies total
renunciation of duties.
8. Physical violence or moral pressure to compel
petitioner to change religious or political affiliation
9. Contracting by respondent of a subsequent bigamous
marriage; and
10. Sexual infidelity or perversion.
Sexual perversion includes engaging in such behavior
not only with third persons but also with the spouse (Sta.
Maria, M., Persons and Family Relations, 2010, p. 359).
Note: Mere preponderance of evidence will suffice to
prove the existence of these grounds EXCEPT the 4th
ground.
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 PERSONS & FAMILY RELATIONS
RA 9262 Anti-Violence Against Women and Children
(March 8, 2004)
Acts of Violence:
1. Causing physical harm to the woman or her child;
2. Threatening to cause the woman or her child physical
harm;
3. Attempting to cause the woman or her child physical
harm;
4. Placing the woman or her child in fear of imminent
physical harm;
5. Attempting to compel or compelling the woman or her
child to engage in conduct which the woman or her child
has the right to desist from or desist from conduct which
the woman or her child has the right to engage in, or
attempting to restrict or restricting the woman's or her
child's freedom of movement or conduct by force or
threat of force, physical or other harm or threat of
physical or other harm, or intimidation directed against
the woman or child. This shall include, but not limited to,
the following acts committed with the purpose or effect
of controlling or restricting the woman's or her child's
movement or conduct:
a. Threatening to deprive or actually depriving the
woman or her child of custody to her/his family;
b. Depriving or threatening to deprive the woman or her
children of financial support legally due her or her
family, or deliberately providing the woman's children
insufficient financial support;
c. Depriving or threatening to deprive the woman or her
child of a legal right;
d. Preventing the woman in engaging in any legitimate
profession, occupation, business or activity or
controlling the victim's own money or properties, or
solely controlling the conjugal or common money, or
properties;
6. Inflicting or threatening to inflict physical harm on
oneself for the purpose of controlling her actions or
decisions;
7. Causing or attempting to cause the woman or her child
to engage in any sexual activity which does not
constitute rape, by force or threat of force, physical
harm, or through intimidation directed against the
woman or her child or her/his immediate family;
8. Engaging in purposeful, knowing, or reckless conduct,
personally or through another that alarms or causes
substantial emotional or psychological distress to the
woman or her child. This shall include, but not be limited
to, the following acts:
a. Stalking or following the woman or her child in public
or private places;
b. Peering in the window or lingering outside the
residence of the woman or her child;
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CIVIL LAW
c. Entering or remaining in the dwelling or on the
property of the woman or her child against her/his will;
d. Destroying the property and personal belongings or
inflicting harm to animals or pets of the woman or her
child; and
e. Engaging in any form of harassment or violence;
9. Causing mental or emotional anguish, public ridicule or
humiliation to the woman or her child, including, but not
limited to, repeated verbal and emotional abuse, and
denial of financial support or custody of minor children
of access to the woman's child/children (Sec. 5, RA
9262).
In cases of legal separation, where violence as specified
in RA 9262 is alleged, Article 58 of the Family Code on
the 6 months cooling-off period shall NOT apply. The
court shall proceed on the main case and other
incidents of the case as soon as possible. The hearing
on any application for a protection order filed by the
petitioner must be conducted within the mandatory
period specified (Sec. 19, RA 9262).
The woman victim of violence shall be entitled to the
custody and support of her child/children. Children
below seven (7) years old older but with mental or
physical disabilities shall automatically be given to the
mother, with right to support, unless the court finds
compelling reasons to order otherwise. A victim who is
suffering from battered woman syndrome shall not be
disqualified from having custody of her children. In no
case shall custody of minor children be given to the
perpetrator of a woman who is suffering from battered
woman syndrome (Sec. 28, RA 9262).
GROUNDS FOR DENIAL OF PETITION (Art. 56):
(C4–MP–DR)
1. Condonation of the offense or act complained of.
Condonation
It is the act of forgiving the offense after its commission
(Sta. Maria, M., Persons and Family Relations, 2010, p.
362).
Failure of the husband to look for his adulterous wife is
NOT condonation to wife's adultery (Ocampo v.
Florenciano, G.R. No. L–13553, February 23, 1960).
The act of the husband in having sexual intercourse with
his wife in spite of his knowledge of the latter’s infidelity
is an act of implied condonation. A single voluntary act
of sexual intercourse by the innocent spouse after
discovery of the offense is ordinarily sufficient to
constitute condonation (Bugayong vs. Ginez, G.R. No.
L-10033, December 28, 1956).
 CIVIL LAW
2. Consent to commission of offense or act complained of
Consent is prior to the act; condonation comes after
(People v. Schneckenburger, 73 Phil 413).
There is consent when either of the spouses agreed to
or did not object, despite full knowledge, to the act giving
rise to a ground for legal separation, before such act
was in fact committed (Sta. Maria, M., Persons and
Family Relations, 2010, p. 363).
3. Connivance between parties of commission of
offense or act constituting ground
Connivance or procurement
Denotes direction, influence, personal exertion, or other
action with knowledge and belief that such action would
produce certain results and which results are produced
(Cohen, Divorce and Alimony in North Carolina, 59, IV,
p. 98 as cited Sta. Maria, p. 364).
4. Collusion between parties
Collusion
It is a corrupt agreement between the spouses by
making it appear that the marriage is defective due to
the existence of any of the grounds and agreeing to
represent such false or non-existent cause of action
before the proper court to procure divorce or legal
separation (Sta. Maria, M., Persons and Family
Relations, 2010, p. 317).
5. Mutual guilt or where both parties have given ground for
legal separation
6. Prescription
An action for legal separation shall be filed within 5
years from time of occurrence of the cause (Art. 57)
7. Death of either party during the pendency of the case
(Lapuz–Sy vs. Eufemio, G.R. No. 113842, August 3,
1994)
8. Reconciliation of the spouses during the pendency of
the case
By filing in the same proceeding a joint manifestation
under oath, duly signed by the spouses (Art. 65)
Cooling–off period
6-month period from the filing of the petition designed to
give the parties enough time to further contemplate their
positions with the end in view of attaining reconciliation
PERSONS & FAMILY RELATIONS
between them. No action for Legal Separation shall be
tried during such period (Art. 58).
It is a mandatory requirement and its non-compliance
makes the decision infirm (Pacete vs. Carriaga, G.R. No.
53880, March 17, 1994).
The cooling-off period does not mean the overruling of
provisions as custody, alimony, and support pendente lite.
A writ of preliminary mandatory injunction for the return of
the wife’s paraphernal property can in the meantime be
heard and granted during the 6-month period (Somosa-
Ramos v. Vamenta, G.R. No. L-34132 July 29, 1972).
Effects of filing petition: (Art. 61)
1. The spouses shall be entitled to live separately from
each other
2. In the absence of an agreement between the parties,
the court shall designate the husband, the wife, or a
third person to manage the absolute community or
conjugal partnership property (Art. 61)
3. The husband shall have no more right to have sexual
intercourse with his wife.
No legal separation may be decreed unless the Court has
taken steps toward the reconciliation of the spouses and
is fully satisfied, despite such efforts, that reconciliation is
highly improbable. (Art. 59)
Note: The wife who has been granted legal separation
cannot petition to be allowed to revert to her maiden name
(Art. 372, NCC).
Even if the parents are separated de facto, still in the
absence of judicial grant of custody to one parent, both
parents are entitled to the custody of their child. The
remedy of habeas corpus may be resorted to by the parent
who has been deprived of the rightful custody of the child
(Salientes v. Abanilla, G.R. No. 162734, August 29, 2006).
A decree of legal separation, on the ground of
concubinage, may issue upon proof of preponderance of
evidence in the action for legal separation. No criminal
proceedings or conviction is necessary.
RECONCILIATION OF LEGALLY SEPARATED
SPOUSES
If the spouses should reconcile, the corresponding joint
manifestation under oath duly signed by them shall be filed
with the court in the same proceeding for legal separation
(Art. 65).
Effects of reconciliation of the spouses (Art. 66)
1. The legal separation proceedings, if still pending, shall
thereby be terminated at whatever stage.
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2. The final decree of legal separation shall be set aside, spouse;

but the separation of property and any forfeiture of share
of the guilty spouse already effected shall subsist,
unless the spouses agree to revive their former property
regime.
Revival of property regime (Art. 67)
Agreement of revival and motion for its approval shall be
filed in court in the same proceeding for legal separation
and shall be executed under oath and shall specify:
1. Properties to be contributed anew to restored regime;
2. Those to be retained as separated properties of each
3. Names of all known creditors, addresses, and amounts
owing to each.
After due hearing, court shall take measures to protect
interest of creditors and such order shall be recorded in
the proper registries of properties but the same shall not
prejudice creditors not listed or notified, unless debtor-
spouse has sufficient separate properties to
satisfy creditor’s claim.

EFFECTS OF THE PETITION FOR DECLARATION OF PRESUMPTIVE DEATH, NULLITY OF MARRIAGE,

ANNULMENT AND LEGAL SEPARATION

Termination Declaration of Nullity Annulment Legal Separation

(Art.41) (Art. 40) (Art. 45) (Art. 55)
Rendering judgment on the petition
No motion to dismiss shall be allowed except if the ground is lack of jurisdiction.

Summary proceeding;
judgment may be
rendered based on
affidavits, documentary
evidence or oral
testimonies at the
sound discretion of the
court (Art. 246)
The grounds alleged must be proved. No judgment on the pleadings, summary judgment
or confession of judgment shall be allowed.
Notes:
Stipulation of facts- an admission by both parties made in court agreeing to the existence
of the act constituting the ground for annulment or for the declaration of nullity.
Confession of judgment- the admission made in court by the respondent admitting fault as
invoked by the plaintiff to sever the marriage ties (Sta. Maria, M., Persons and Family
Relations, 2010, p. 319).
In legal separation cases, no decree shall be issued unless the Court has take steps toward
reconciliation of the spouses and is fully satisfied, despite such efforts, that reconciliation is
highly improbable (Art. 59).

Procedural requirements after judgment, before issuance of decree

1. Liquidation, partition, delivery of properties, including custody and support of common
children unless such matters had been adjudicated in previous judicial proceedings
2. Delivery of children’s presumptive legitimes
3. Registration of the entry of judgment granting the petition in the Civil Registry where the
marriage was celebrated AND in the Civil Registry of the place where the family court is
located
4. Registration of approved partition and distribution of properties in the Registry of Deeds
where the real properties are located
Marital Status

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 CIVIL LAW PERSONS & FAMILY RELATIONS

Termination Declaration of Nullity Annulment Legal Separation

(Art.41) (Art. 40) (Art. 45) (Art. 55)
Subsequent marriage Previous marriage, void ab Valid until annulled or No dissolution of marriage, only
automatically initio terminated separation of bed-and-board;
terminated by affidavit entitled to live separately
of reappearance
Status of Children Born/Conceived Before Termination
Legitimate Illegitimate except those as Legitimate Legitimate
provided in Art. 36 and 53
Custody of Children
Custody in case of During pendency:
dispute shall be decided 1. Written agreement
by the court in separate 2. Absence thereof, court decides based on best interest of child and may award it in the
proceedings for custody following order of preference:
but same a. Both parents jointly
considerations as in b. Either parent, may consider choice of child over 7 years unless parent chosen is unfit
Declaration of Nullity c. Surviving grandparent, if several then choice of child over 7 years unless grandparent
chosen is unfit/disqualified
d. Eldest brother/sister over 21unless unfit/ disqualified
e. Any other person deemed suitable by court

After decree:
To the innocent spouse but no child under 7 shall be separated from the mother unless there
are compelling reasons
Child Support
Support in case of During pendency:
dispute shall be decided 1. Written agreement
by the court in separate 2. In the absence thereof, from properties of the absolute community of property (ACP) or
proceedings for custody conjugal partnership (CP)
but same
considerations as in After Decree:
Declaration of Nullity Either parent/ both may be ordered by court to give an amount necessary for support in
proportion to resources/means of giver and necessities of recipient
Spousal Support
During pendency:
1. Written agreement
2. In the absence thereof, from properties of the ACP or CP, considered as advance to be
deducted from share during liquidation
3. Restitution if after final judgment court finds that person providing support pendente lite is
not liable therefor (Sec. 7, Rule 61, ROC)
Property Relations
1. ACP or CP shall be dissolved and liquidated 1. ACP or CP shall be
2. If either spouse contracted marriage in bad faith, he or she has no right to any dissolved and liquidated.
share of net profits earned by ACP or CP 2. Offending spouse has no
3. Net profits shall be forfeited in favor of common children, or if none, children of right to any share of net
guilty spouse by previous marriage, or in default thereof, the innocent spouse profits earned by ACP or CP
4. In all other cases of void marriage, Art. 147 and 148 applies (Valdes vs. RTC) 3. Net profits shall be forfeited
in favor of common children,
In addition, for marriages under Art. 40 and 45: or if none, children of guilty
1. All creditors of spouses and of the ACP or CP shall be notified of the proceedings spouse by previous
for liquidation marriage, or in default
2. Conjugal dwelling and lot on which it is situated shall be adjudicated pursuant to thereof, the innocent
Art. 102 and 129 spouse.
Presumptive Legitime

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Termination Declaration of Nullity Annulment Legal Separation

(Art.41) (Art. 40) (Art. 45) (Art. 55)
1. Delivery of presumptive legitime of all common
children computed as of date of final judgment without
prejudice to ultimate successional rights of children
accruing upon death of either or both parents
2. Shall be considered as advances on common
children’s legitime (Art. 51)
Donation Propter Nuptias
1. Shall remain valid, 1. Shall remain valid, unless 1. Shall remain valid, 1. Donor is given option to
unless donee donee contracted unless donee revoke; if donor decides to
contracted marriage in bad faith, in contracted marriage revoke, must do so within 5
marriage in bad which case, donation is in bad faith, in which years from finality of decree
faith, in which case, revoked by operation of case, donation is 2. But if ground for legal
donation is revoked law. revoked by separation is sexual infidelity
by operation of law. 2. If both spouses of operation of law (Art. (adultery or concubinage),
2. If both spouses of subsequent marriage 43(3)). donation between persons
subsequent acted in bad faith, 2. No conflict guilty thereof at time of
marriage acted in donations propter nuptias 3. with Art. 86(2) as donation is void (Art.
bad faith, donations made by one in favor of such does not 739[1]NCC)
propter nuptias the other are revoked by require that marriage
made by one in operation of law (Art. 44) be annulled first
favor of the other 3. If both spouses in good before donor may
are revoked by faith, donor after finality of revoke donation –
operation of law decree may revoke donor has 5 years
pursuant to Art. 86(1) from time he had
4. If marriage not celebrated: knowledge of lack of
a. Those stipulated in consent; cannot
marriage settlement revoke if there was
are void (Art. 81) knowledge before
b. Those excluded from the marriage
marriage settlement 4. Conflict with Art.
or if no such contract, 86(3) but Art. 43(3)
may be revoked by prevails – more in
donor (Art. 86[])) harmony with
general
purpose/intent of act
(Ibid.)
Insurance Policy
Innocent spouse may revoke designation of spouse in bad faith as beneficiary even if Innocent spouse may revoke
stipulated as irrevocable (Art. 43(4)) donations made by him or her in
favor of offending spouse as well
as designation of latter as
beneficiary even if stipulated as
irrevocable (Art. 64). Action to
revoke donation must be brought
within 5 years from finality of
decree.
Succession
1. Spouse in bad faith disqualified to inherit from innocent spouse by testate or 1. Offending spouse
intestate succession disqualified from inheriting
2. If both spouses of subsequent marriage acted in bad faith, testamentary from innocent spouse by
dispositions made by one in favor of the other are revoked by operation of law intestate succession
(Art. 44)

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Termination Declaration of Nullity Annulment Legal Separation

(Art.41) (Art. 40) (Art. 45) (Art. 55)
2. Provisions in favor of
offending spouse made in
the will of innocent spouse
are revoked by operation of
law (Art. 63(4))

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 PERSONS & FAMILY RELATIONS
R IGHTS
AND O BLIGATION S
BETW EEN THE H USBAND AND
THE W IFE (LORF-JM)
1. Live together
Act of living together is a voluntary act of the spouses
which cannot be compelled by any proceeding in court.
Only the moral obligation of the spouses constitutes the
motivating factor for making them observe the said duties
and obligations which are highly personal (Ramirez-
Cuaderno v Cuaderno, 12 SCRA 505).
If the wife refuses unjustifiably to live with her husband,
the court will admonish but not order her return; and even
if an order is made, contempt proceeding against the wife
will not prosper. The only remedy here for the husband
is to refuse to grant support (Mariano B. Arroyo v.
Dolores C. Vasquez de Arroyo, 42 Phil. 54).
2. Observe mutual love, respect and fidelity
3. Render mutual help & support
4. Fix the family domicile
a. Both husband and wife shall fix the family domicile. In
case of disagreement, the court shall decide.
b. The court may exempt one spouse from living with the
other if the latter should live abroad or there are other
valid and compelling reasons for the exemption.
However, such exemption shall not apply if the same
is not compatible with the solidarity of the family (Art
69).
5. Joint responsibility for the support of the family
a. Expenses shall be paid from the community property
b. In the absence thereof, from income or fruits of their
separate properties
c. In the absence or insufficiency thereof, from their
separate properties (Art. 70)
6. Joint management of the household
Expenses for such management shall be paid in
accordance with Art. 70
Effect of neglect of duty
When one of the spouses neglects his or her duties to the
conjugal union or commits acts which tend to bring danger,
dishonor or injury to the other or to the family, the aggrieved
party may apply to the court for relief. (Art 72.)
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CIVIL LAW
The relief may take on many forms: filing a case for legal
separation if there are grounds for the same; filing an action
for declaration of nullity based on Art 36 if the neglect is
such that it does not create a functional marital life;
petitioning the court for receivership, for judicial separation
of property, or for authority to be the sole administrator of
community property or conjugal partnership.(Sta Maria,
Melencio Jr. S., Persons and Family Relations Law,page
408 ex., 3-4 [2010])
EXERCISE OF PROFESSION
General Rule: Both can engage in any lawful enterprise or
profession WITHOUT the consent of the other.
Exception: The other spouse may object only on valid,
serious and moral grounds.
In case of disagreement, court shall decide whether (1) the
objection is proper; and (2) the benefit accrued to the family
prior to the objection or thereafter [Art. 73 (2)].
If a husband compels the wife to desist from pursuing a
profession or any other conduct which the wife has the right
to engage in, this can be considered acts of violence
against women under RA 9262 (Sta. Maria, M., Persons
and Family Relations, 2010, M. p. 409 )
RULE IF BUSINESS BENEFITED FAMILY
General rule:
1. Debts and obligations incurred of whatever nature and
regardless of the time they were incurred but redounding
to the benefit of the family shall be chargeable to the ACP
or the CPG.
2. An obligation incurred as a result of a spouse’s exercise
of a legitimate profession is an obligation redounding to
the benefit of the family shall be shouldered by the ACP
or CPG.
Exceptions:
1. Benefit accrued to family before objection to an immoral
or unlawful profession
The resulting obligation shall be enforced against the
separate property of the spouse who has not obtained
consent (Art. 73).
Example: Separate property of erring spouse shall be
liable if profession is seriously invalid and immoral, even
if benefits actually accrued in favor of the family. For said
exception to apply, the innocent spouse must have no
 CIVIL LAW
knowledge of the other spouse’s engagement in an
immoral activity such that he could not have interposed
any objection (Sta. Maria, M., Persons and Family
Relations, 2010, p. 411).
Exception to exception: When spouse has knowledge
of other spouse’s engagement in an immoral activity, it is
as if there was actually no disagreement (Paras, p. 507;
Sta. Maria, M., Persons and Family Relations, 2010, p.
411).
2. Benefit accrued after objection –
After objection by the innocent spouse, any obligation
incurred by the erring spouse that redounded to the
benefit of the family shall be borne by the absolute
community of property or conjugal property.
Ratio: It would be unfair if the spouse, after obtaining
knowledge of the immoral profession, thereafter,
interposed his objection but at the same time made use
of the “immoral money” to benefit the family (Sta. Maria,
M., Persons and Family Relations, 2010, p. 412).
3. Creditors who acted in good faith are protected – if
spouse transacted with creditor without the consent of
the other but creditor had no knowledge thereof, the
absolute community of property (ACP) or conjugal
partnership of gains (CPG) shall be liable.
P ROPERTY R EL ATIONS B ETW EEN
THE H USBAND AND THE W IFE
Governed By:
1. Marriage settlements (MS) executed before the marriage
or ante nuptial agreements.
2. Provisions of the Family Code.
3. Local customs when spouses repudiate ACP.
When parties stipulate in their MS that local custom shall
apply or that ACP regime shall not govern but fail to
stipulate what property regime will be applied.
4. In the absence of local custom, rules on co–ownership
will apply (Art. 74).
Commencement
PERSONS & FAMILY
RELATIONS
It commences at the precise moment of the celebration of
the marriage. Any stipulations to the contrary shall be void.
(Art. 88 for ACP and 107 for CPG)
Marriage settlement (MS)
It is a contract entered into by the future spouses fixing the
matrimonial property regime that should govern during the
existence of the marriage.
In the absence of MS or when regime agreed upon is void,
ACP shall govern. (Art. 75)
Requisites: (BW-SPF-NA)
1. Made before celebration of marriage
2. In writing (even modifications)
Oral MS is void and cannot be ratified by any claim of
partial execution or absence of objection
Exception: If marriage is terminated by death of one of
spouses and surviving spouse marries again without
initiating settlement of properties of previous marriage
within 1 year from death of deceased spouse, mandatory
regime of complete separation of property shall govern
property relations of subsequent marriage (Arts. 103 &
130)
3. Signed by the parties
4. Will not prejudice third persons unless registered in the
civil registry and proper registries of property (Sta. Maria,
M., Persons and Family Relations, 2010, p. 418-420)
5. Shall fix terms and conditions of their property relations
6. Must NOT contain provisions contrary to law, good
morals, good customs, public order, and public policy, or
against the dignity of either spouse.
7. Additional signatories/ parties
Civil interdictees & disabled: It is indispensable for the
guardian appointed by court to be made a party to the
MS.
Note: It is argued by some law practitioners and authors
that while no person below 18 can enter into a valid
marriage and since the MS is required to be executed
before the marriage, one below 18 may execute a MS as
long as he or she is 18 or above at the time of marriage.
Efficacy of marriage settlement (Art. 81)
1. The consideration is the marriage itself. If the marriage
does not take place, the MS is generally void.
Exception: Stipulations in the MS that do not depend upon
the celebration of the marriage shall be valid
2. Property relations shall be governed by Philippine laws,
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regardless of the place of the celebration of the marriage will be reduced to one-fifth.
or the parties’ residence (Art. 80).
However, if their property regime is ACP, no reduction
Exceptions: will be made.
1. If both spouses are aliens, even if married in the
Philippines Limitation does not apply if DPN is not included in MS but
2. As to extrinsic validity of contracts affecting property: contained in separate deed; general rules on donation
a. Not situated in the Philippines executed in the country apply subject to limitation that no person may
where the property is located give/receive by way of donation more than he may
b. Situated in a foreign country whose laws require give/receive by will
different formalities for extrinsic validity entered into in
the Philippines 3. Accepted by would-be spouse
3. Contrary stipulation 4. Complies with requisites in Title II of Book II of Civil Code
on Donations.
Modification in marriage settlements
If one of the requisites is not complied with, it may still be
General Rule: Must be made before the marriage, in valid as an ordinary donation.
writing, signed by parties
For donation of present property to be valid, the rules
Exceptions: Modifications made through judicial decree governing ordinary donations under Title III of Book III of
during the marriage: the Civil Code must be observed.
1. In case of revival of former property regime between
reconciling spouses after decree of legal separation has Please refer to Property on requisites for valid donations.
been issued (Art. 66, 67)
2. When abandoned spouse files petition for judicial DPN of future property
separation of property under Art. 128 DPN of future property is allowed by way of exception to
3. When a spouse files petition for judicial separation of Art. 751 of NCC (which provides that donations cannot
property for sufficient cause under Art. 135 comprehend future property). It is governed by the law on
4. Petition for voluntary dissolution of property regime testamentary succession both as to intrinsic and extrinsic
under Art. 136 validity. However said DPN can only be revoked by the
donor only on the basis of Art. 86 of the FC (Art. 84 par. 2).
DONATION BY REASON OF MARRIAGE
Donations propter nuptias (DPN) are made by one spouse DPN of encumbered property
in favor of the other or by a stranger. It is without onerous The donation is valid because the donor is still the owner,
consideration, the marriage being merely the occasion or even if it is encumbered. If mortgage is foreclosed and sold
motive for the donation, not its causa. Being liberalities, at a lesser price, donee is not liable for deficiency but if sold
they remain subject to reduction for inofficiousness upon for more, donee is entitled to excess (Art. 85).
the donor’s death, should they infringe the legitime of a
forced heir (Mateo vs. Lagua, No. L-26270, October 30, Donations propter nuptias and ordinary donations
1969). Donations Propter
Ordinary Donations
Nuptias
Requisites: (Art. 82) (COB) Formalities
1. In consideration of marriage Governed by the rules on Governed by rules on
2. In favor of one or both of the future spouses ordinary donations donations (Arts. 725–773,
3. Made before celebration of marriage except that if future NCC)
property is donated, it
Rules in case of donation by the would-be spouses to must conform with
each other: (MOAC) formalities of wills
1. There must be a valid MS stipulating a property regime Present Property
other than ACP (Art. 84). May be donated but only No limit except that donor
up to 1/5 of donor’s shall leave property
2. Donation in MS not more than one-fifth (1/5) of present present property if the enough for his support
property (Art. 84) spouses agree on a
regime other than
Any excess shall be considered void and the donation absolute community

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Future property
May be included provided Cannot be included
donation is mortis causa
Grounds for revocation
Art. 86, FC Arts. 760, 764, & 765,
NCC
RULE ON DONATION BETWEEN SPOUSES DURING
MARRIAGE
General rule: VOID, either direct or indirect donation
Rationale:
1. To protect unsecured creditors from being defrauded;
2. To prevent stronger spouse from imposing upon the
weaker one the transfer of the latter’s property to the
former;
3. To prevent indirect modification of the marriage
settlement (Paras, p. 520).
Exceptions:
1. Moderate gifts on occasions of family celebrations
2. Donations mortis causa
Note: This rule also applies to persons living together as
husband and wife without a valid marriage (Art.87).
The prohibition does not include a spouse being the
beneficiary of an insurance contract over the life of the
other spouse. (Gercio vs. Sunlife Assurance Co. of
Canada, G.R. No. 23703, September 28, 1925)
Grounds for revocation (VoCALRI)
1. Marriage not celebrated or declared Void ab initio except
those made in MS that do not depend on celebration of
marriage
If made by a stranger, action for revocation may be
brought under ordinary rules on prescription: if in writing,
brought within 10 years and if oral, within 6 years
(Albano, Ed Vincent S., Persons and Family Relations,
2006).
2. Marriage without parental consent
3. Marriage is annulled and donee is in bad faith
4. Upon legal separation, the donee being the guilty spouse
5. Complied with resolutory condition
6. Donee commits acts of ingratitude as specified by Art.
765 of NCC (Art. 86).
S YSTEMS OF P RO PERTY
R EGIME S
I. ABSOLUTE COMMUNITY OF PROPERTY (ACP)
PERSONS & FAMILY
RELATIONS
The property regime of the spouses in the absence of a
marriage settlement or when the marriage is void. This is
so because it is more in keeping with Filipino culture.
It commences at the precise moment the marriage is
celebrated; any stipulation for the commencement thereof
at any other time is void (Art. 88). The same applies to CPG
(Art. 107).
Provisions on CO-OWNERSHIP apply to ACP in all matters
not provided by the Chapter on ACP (Art. 90).
General Rule: Community property shall consist of all
property owned by the spouses at the time of the marriage
or acquired thereafter (Art. 91).
Exceptions: (BEG)
1. Property, including fruits and income thereof, acquired
before the marriage by either spouse who has legitimate
descendants by a former marriage
2. Property for personal and exclusive use except jewelry
3. Property acquired during the marriage by gratuitous title,
including fruits and income thereof, except when the
donor, testator or grantor expressly provides otherwise
(Art. 92)
Presumption: Property acquired during the marriage is
presumed to belong to the community, unless otherwise
proven (Art. 93).
Note: No waiver of rights allowed during the marriage
except in case of judicial separation of property. The waiver
must be in a public instrument and recorded in the office of
the local civil registrar where the marriage contract was
recorded as well as in the proper registry of property (Art.
89 and 77). The same applies to CPG (Art. 107).
Rule on games of chance (Art. 95)
Loss: Shall be borne by the loser-spouse and shall not be
charged to the community property
Winnings: Shall form part of the community property (Art.
95)
Exception: If said ticket was gratuitously given by a friend
to a spouse, only upon express provision of the donor will
it be considered part of the community property.
Note: The same applies to CPG (Art. 123).
II. CONJUGAL PARTNERSHIP OF GAINS (CPG)
It is that formed by a husband and wife whereby they place
in a common fund the proceeds, products, fruits and
income of their separate properties, and those acquired by
either or both spouses through their efforts or by chance,
the same to be divided between them equally (as a general
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rule) upon the dissolution of the marriage or the partnership
(Art. 106).
The CPG shall be governed by the rules on the
CONTRACT OF PARTNERSHIP in all that is not in conflict
with what is provided in the chapter on CPG or by the
spouses in their MS (Art. 108).
Before the presumption under Art. 116 applies (that
properties acquired during marriage are presumed
conjugal), there must be proof that the property was
acquired during the marriage. This is a condition sine qua
non for the operation in favor of conjugal ownership
(Metrobank, et al. v. Tan, GR No. 163712, November 30,
2006).
Properties under conjugal partnership (L2C2 FONTI)
1. Obtained from labor, industry, work or profession of
either or both spouses
2. Livestock existing upon dissolution of partnership in
excess of number of each kind brought to the marriage
by either spouse
3. Acquired by chance such as winnings from gambling, but
losses therefrom shall be borne exclusively by loser-
spouse
4. Acquired during the marriage by onerous title with
conjugal funds
Damages for physical injuries inflicted by a third person
are exclusive property (Lilius vs. Manila Railroad Co.
G.R. No. 42551 September 4, 1935)
Damages from illegal detention of exclusive property
pertains to CPG if detention deprived the CP of the use
and earnings thereof (Bismorte vs. Aldecoa, G.R. No. L-
5586, December 10, 1910).
Note: The registration of the property in either party’s
name alone is immaterial if the property was acquired
with conjugal funds (Marigsa v. Macabuntoc, G.R. No.
4883, September 27, 1910).
5. Fruits of the conjugal property during the marriage
6. Acquired through occupation such as fishing
7. Net fruits of their exclusive property
8. Share of either spouse in hidden treasure (Art. 117)
9. Interest falling due during the marriage on principal
amount of credit belonging to one spouse which is
payable in partial payments/ installments and collected
during the marriage (Art. 119).
Disposition of CPG
A wife’s consent to the husband’s disposition of conjugal
property does not always have to be explicit or set forth in
any particular document, so long as it is shown by the acts
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of the wife that such consent was indeed given (Pelayo v.
CA, G.R. No. 141323 June 8, 2005).
The sale of conjugal property requires the consent of both
spouses; otherwise the sale shall be void, including the
portion of the conjugal property pertaining to the husband
who contracted the sale (Homeowners and Savings Loan
Bank vs. CA, GR No 153802, March 11, 2005).
Exclusive property of each spouse (OGREC) (Art. 109)
1. That which is brought to the marriage as his/her own,
whether with or without legitimate descendants
2. Acquired during the marriage by gratuitous title
Property donated/left by will to spouses, jointly with
designation of determinate shares, shall pertain to
donee-spouse as exclusive property; in the absence of
designation, property shall be divided between them but
shall belong to them exclusively (Art. 113).
If spouse does not accept his/her part of the donation,
accretion sets in favor of the other spouse who will own
all of property donated as separate property.
Accretion will not apply if donor so provides or if there is
designation of determinate properties (i.e. house, car).
If donation is onerous, charges shall be borne by
exclusive property of donee-spouse, whenever
advanced by the CPG.
Retirement benefits, pensions, annuities, gratuities,
usufructs, and similar benefits acquired by gratuitous title
are exclusive properties; if by onerous title during
marriage (i.e. contributions to pension funds or deduction
from salaries of common funds), they are CP (Art. 115).
Unearned increment (such as increase in the value of the
paraphernal property) belongs to the spouse concerned.
3. Acquired by right of redemption, barter or exchange with
property belonging to either spouse
Ownership still belongs to person who has right of
redemption, even if conjugal funds are used to redeem,
subject to reimbursement
If separate property in addition to conjugal funds were
used as part of purchase price of a new property, the new
property shall be considered conjugal
4. Purchased with exclusive money of either spouse
 CIVIL LAW
5. Principal amount of credit belonging to one spouse
payable in partial payments/ installments, which will be
fully paid during the marriage (Art. 119).
PERSONS & FAMILY
RELATIONS
no obligation on the part of the purchaser of the property in
case the property is sold by the owner-spouse (Ferrer v.
Ferrer, G.R. No. 166496, November 29, 2006).

Use of Exclusive Properties: (PISI) CHARGES UPON AND OBLIGATIONS OF ACP and
1. Payment of personal debts CPG
2. Fines and indemnities ACP (Art. 94) CPG (Art. 121)
3. Support of illegitimate children of the owner-spouse Support of the spouses, their common children, and
4. In case of insufficiency of the CPG legitimate children of either spouse
(Sta. Maria, M., Persons and Family Relations, 2010, p. For illegitimate children,
504) support from separate
For illegitimate children,
property of person obliged
The spouses retain the ownership, possession, support from separate
to give support. In case of
administration and enjoyment of their exclusive properties property of person obliged
insufficiency or absence of
(Art. 110). to give support. In case of
separate property, CP
insufficiency or absence
shall advance support,
A spouse may mortgage, encumber, alienate or otherwise of separate property, ACP
chargeable to share of
dispose of his or her exclusive property, without the shall advance support,
parent upon liquidation,
consent of the other spouse, and appear alone in court to chargeable to share of
but only after obligations in
litigate with regard to the same (Art. 111). parent upon liquidation
Art. 121 have been
covered
Transfer of administration of the exclusive property of either Debts and Obligations Contracted During Marriage
spouse does not confer ownership of the same (Rodriguez a. By the administrator spouse designated in
v. De la Cruz, G.R. No. L-3629, September 28, 1907). MS/appointed by court/one assuming sole
administration
Property bought on installment (Art. 118) b. By one without the consent of the other
Property bought on installments paid partly from exclusive c. By one with the consent of other
funds of the spouses and partly from conjugal funds: d. By both spouses
1. If full ownership was vested before the marriage – it shall
belong to the buyer-spouse (ex: contract to sell, full For (a) and (b), creditor has burden of proving benefit
payment made during marriage using CP) to family and ACP/CPG chargeable to extent of benefit
proven, otherwise, chargeable to separate property of
2. If full ownership was vested during the marriage – it shall obligor spouse
belong to the conjugal partnership (ex: contract of sale)
For (c) and (d), benefit to family presumed
In both cases, there is reimbursement upon liquidation. In All taxes, liens, charges and expenses including minor
(1), owner-spouse reimburses the CP. In (2), CP shall repairs upon ACP or CP
reimburse the owner-spouse. Taxes and Expenses for
mere preservation during
Improvement of exclusive property marriage upon separate
Reverse Accession: if the cost of the improvement Taxes and Expenses for
property of either spouse,
resulted in the increase in value of more than the value of mere preservation during
regardless of whether
the principal property at the time of the improvement, the marriage upon separate
used by family because
entire property shall belong to CPG subject to property of either spouse
use and enjoyment of
reimbursement of the value of the principal property at the used by family
separate property of the
time of the improvement to the owner-spouse. spouses belong to the
partnership
Accession: if the cost of the improvement of the plus value Expenses to enable either spouse to
is equal to or less than the value of the principal property at commence/complete a professional, vocational or other
the time of the improvement, the entire property remains activity for self-improvement
the exclusive property of the spouse, subject to
reimbursement of the value of the cost of improvement Value donated/promise by both spouses in favor of
common legitimate children for exclusive purpose of
The obligation to reimburse rests on the spouse upon commencing or completing professional or vocational
whom ownership of the entire property is vested. There is course or other activity for self-improvement

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ACP (Art. 94) CPG (Art. 121) 1. In case of disagreement, husband’s decision shall
Expenses of litigation between spouses unless suit prevail, subject to recourse to the court by the wife for
found to be groundless proper remedy within 5 years from date of contract
1. Ante-Nuptial Debts For Ante-Nuptial Debts, implementing such decision
Chargeable to ACP if same as ACP but in case 2. In case one spouse is incapacitated or unable to
redounded to benefit of insufficiency of separate participate in the administration of the common
of family property, obligations properties, the other spouse may assume sole powers of
2. Personal debts not enumerated in Art. 121 administration (Art. 96).
redounding to benefit must first be satisfied These powers do NOT include:
of family such as before such debts may be a. Disposition
liabilities incurred by chargeable to the CP b. Encumbrance
reason of crime or
quasi-delict, Written consent of other spouse or authority of the
chargeable to court is required, otherwise disposition or encumbrance
separate property of is VOID.
debtor spouse
3. In case of The husband and wife are the joint administrators of their
insufficiency of properties forming part of the conjugal partnership and
separate property, absolute community of properties. The right vested upon
chargeable to ACP them to ½ of the conjugal assets does not vest until the
but considered dissolution and liquidation of the conjugal partnership. The
advances deductible sale by the husband of property belonging to the conjugal
from share of debtor- partnership or the absolute community without the consent
spouse upon of the wife or authority of the court is void (Abalos vs.
liquidation Macatangay, G.R. No. 155043, September 30, 2004).

Note: The separate properties shall be solidarily and
subsidiarily liable for the obligations if the community or
conjugal properties are insufficient.
Benefits that might accrue to a husband in his signing a
surety or guarantee agreement not in favor of the family but
in favor of his employer corporation are not benefits that
can be considered as giving a direct advantage accruing to
the family. Hence, the creditors cannot go against the
conjugal partnership property in satisfying the obligation
subject of the surety agreement. A contrary view would put
in peril the conjugal partnership property by allowing it to
be given gratuitously similar to cases of donation of
conjugal partnership property, which is prohibited.
The transaction, however, shall be construed as a
continuing offer on the part of the consenting spouse and
the third person, until acceptance by the other spouse or
authorization by the court before the offer is withdrawn by
either or both offerors (ACP: Art. 96;CPG: Art. 124).
Neither spouse may donate any community property
without the consent of the other but either may, without the
other’s consent, make moderate donations for charity or on
occasions of family rejoicing or family distress (ACP: Art.
98; CPG:Art. 125).
Exception: In ACP, either spouse may dispose by will of
his or her interest in the ACP (Art. 97)

The conjugal partnership is NOT liable for an indemnity
agreement entered into by the husband to accommodate a
third party (Security Bank v. Mar Tierra Corp., GR No.
143382, November 29, 2006).
PROVISIONS COMMON TO ACP AND CPG
A. Administration of property (ACP: Art. 96-98/ CPG:
Art. 124-125)
General Rule: Administration shall belong to both spouses
jointly.
Exceptions:
B. Remedies of present spouse in case of
abandonment by the other spouse or failure to
comply with obligations (marital, parental or
property relations)
1. Receivership
2. Judicial separation of property
3. Authority to be the sole administrator of the absolute
community (ACP: Art. 101; CPG: Art. 128)
A spouse is deemed to have abandoned the other when he
or she has left the conjugal dwelling without any intention
of returning. Three (3) months’ disappearance or failure to
give within the same period any information as to a
spouse’s whereabouts prima facie raises a presumption

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that the absent spouse has no intention of returning (ACP:
Art. 101 par. 3; CPG: Art. 108 par. 3).
C. Grounds for termination (ACP: Art. 99-101; CPG:
Art. 126-128): (LADS)
1. Decree of legal separation
2. Annulment or declaration of nullity of marriage
3. Death of either spouses
Surviving spouse shall liquidate ACP within 1 year from
death of deceased spouse if no judicial settlement is
instituted, failure to do so upon lapse of 1 year period
makes any disposition or encumbrance of ACP void
Mandatory regime of complete separation of property
governs subsequent marriage of surviving spouse if
he/she fails to comply with liquidation of ACP of previous
marriage
4. Judicial separation of property
Note: Effect of separation in fact (ACP: Art. 102; CPG:
Art. 127)
General Rule: The separation in fact between husband
and wife shall not affect the regime of ACP/CPG
Exceptions:
1. The spouse who leaves the conjugal home or refuses to
live therein, without just cause, shall not have the right to
be supported;
2. When the consent of one spouse to any transaction of
the other is required by law, judicial authorization shall be
obtained in a summary proceeding;
3. In the absence of sufficient community property, the
separate property of both spouses shall be solidarily
liable for the support of the family. The spouse present
shall, upon proper petition in a summary proceeding, be
given judicial authority to administer or encumber any
specific separate property of the other spouse and use
the fruits or proceeds thereof to satisfy the latter's share
(Art. 100).
D. Steps in liquidation of ACP and CPG (Art. 102 and
129)
1. Inventory of ACP or CPG properties and exclusive
property of each spouse
Separate property included as it is solidarily liable to
creditors and will be used to pay them if ACP or CPG
is insolvent
Should also include receivables from each spouse for:
PERSONS & FAMILY
RELATIONS
a. Amounts advanced for personal debts of each
spouse
b. Support pendent elite of each spouse
c. For CPG, include value of improvements
constructed on separate property
2. Payment of ACP or CPG debts
Must first pay out of the ACP or CP property, if
insufficient, spouses solidarily liable with separate
properties
For CPG, must first reimburse spouse for separate
property acquired by CP due to increased value
thereof as a result of improvements thereon
3. Delivery to each spouse of his/her separate property if
any
4. For CPG, unless owner indemnified from whatever
source, payment of loss or deterioration of movables
belonging to either spouse that was used for the
benefit of the family
5. Division of net assets (for ACP) or net profits (CPG),
which are not subject to forfeiture
Use of Exclusive Properties: (PISI)
a. Payment of personal debts
b. Fines and indemnities
c. Support of illegitimate children of the owner-spouse
d. In case of insufficiency of the CPG
(Sta. Maria, M., Persons and Family Relations,
2010, p. 504)
6. Delivery of presumptive legitime, if any, to the children
7. Adjudication of conjugal dwelling and lot
III. SEPARATION OF PROPERTY DURING THE
MARRIAGE
Takes place if expressly provided for in the MS or by judicial
order after the marriage (Art. 134).
It may refer to present or future property or both, total or
partial. If partial, ACP shall govern properties not agreed
upon as separate (Art. 144).
Separation of property may be effected voluntarily or for
sufficient cause, subject to judicial approval (Art. 134).
Causes of judicial separation of property: (CLA²PS)
(Art. 135)
1. Petitioner’s spouse has been sentenced with a penalty
which carries with it civil interdiction;
2. Loss of parental authority of petitioner’s spouse as
decreed by the court;
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3. Petitioner’s spouse has been judicially declared an d. When one spouse becomes a fugitive from justice or
absentee; is in hiding as an accused in a criminal case.
4. Abandonment by the petitioner’s spouse or failure to 2. If the other spouse is not qualified by reason of
comply with the obligations to the family as provided in incompetence, conflict of interest, or any other just
Art. 101; cause, the court shall appoint a suitable person to be the
5. Spouse granted power of administration in marriage administrator (Art. 142).
settlement abused such power; and
6. At the time of the petition, spouses have been separated IV. REGIME OF SEPARATION OF PROPERTY
in fact for at least 1 year and reconciliation is highly 1. Each spouse shall own, dispose of, possess, administer
improbable and enjoy his or her own separate estate, without need
of the consent of the other. To each spouse shall belong
Note: In the cases provided for in (1-3), presentation of final all earnings from his or her profession, business or
judgment against guilty/ absentee spouse is enough basis industry and all fruits, natural, industrial or civil, due or
for grant of degree of judicial separation of property. received during the marriage from his or her separate
property (Art. 145).
Effects of judicial separation of property 2. The spouses contribute to the family expenses
1. Dissolution and liquidation of ACP/CPG (Art. 137) PROPORTIONATELY with their income or in case of
2. Liability of the spouses to creditors shall be solidary with insufficiency or default thereof, with the current market
their separate properties value of their separate properties. However, the liability
3. Mutual obligation to support each other continues except of the spouses to the creditors for family expenses is
when there is legal separation SOLIDARY (Art. 146).
4. Rights previously acquired by creditors are not
prejudiced (Art. 140) A Compromise Agreement which was judicially approved is
exactly such a separation of property allowed under the
Revival of former property regime (Art. 141) law. However, voluntary separation of property is subject to
It shall be governed by Art. 67 and may be filed in the same the rights of all creditors of the conjugal partnership of gains
proceedings where separation of property was decreed in and other persons with pecuniary interest pursuant to
any of the following instances: Article 136 of the Family Code (Virgilio Maquilan vs. Dita
1. Termination of civil interdiction Maquilan, G.R. No. 155409, June 8, 2007).
2. Reappearance of absentee V. PROPERTY REGIME OF UNIONS WITHOUT
3. Upon satisfaction of court that spouse granted MARRIAGE
administration in the MS will not abuse that power and Art. 147 Art. 148
authorizes resumption of said administration Applicability
4. Return and resumption of common life with spouse by In cases of cohabitation not
the other who left the conjugal home without decree of The following must concur:
falling under Art. 147.
legal separation 1. Parties who are
Parties do not have the
5. Restoration of parental authority capacitated to marry
capacity to marry due to
6. Reconciliation and resumption of common life of spouses each other
some legal impediments
who had been separated in fact for at least 1 year 2. Live exclusively with each
(i.e. adulterous
7. Spouses agree upon joint petition to revival of former other as husband and
relationships and marriages
property regime after voluntary dissolution of ACP or wife
which are bigamous,
CPG has been judicially decreed 3. Without benefit of
incestuous, or void by
marriage or under void
reason of public policy
No voluntary separation of property may thereafter be marriage
under Art. 38)
granted. Salaries and Wages
Separately owned by the
Administration of exclusive property (Art. 142) parties. If any of them is
1. The administration of all classes of exclusive property of Owned in equal shares married, his/her salary is
either spouse may be transferred by the court to the other the property of the CPG of
spouse: the legitimate marriage
a. When one spouse becomes the guardian of the other; Property acquired by either exclusively by own funds
b. When one spouse is judicially declared an absentee;
c. When one spouse is sentenced to a penalty which
carries with it civil interdiction; or

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RELATIONS
Belongs to such party of the Family Code. Under this article, there exists a
subject to proof of presumption that the contributions are equal. Even if one of
Belongs to such party
acquisition by exclusive the parties did not contribute materially to the common
funds fund, but the said party took care of the household, the
Property acquired by both through their work / other party and their common children, these acts are
industry considered the said party’s contribution to the common
Owned by them in common fund (Buenaventura v. Buenaventura, G.R. No. 127358 &
Governed by rules on co- 127449, March 31, 2005).
in proportion to respective
ownership
contributions
Property acquired while living together Note: Under Art. 148 there is no presumption of joint
Presumed to be obtained by acquisition. It must be stressed that actual contribution is
their joint efforts, work, or required by this provision, in contrast to Art. 147 which
industry and shall be owned states that efforts in the care and maintenance of the family
by them in equal shares. and household, are regarded as contributions to the
Efforts in care and acquisition of common property by one who has no salary
maintenance of family and or income or work or industry. Under Art. 148, if the actual
household considered No presumption of joint contribution of the party is not proved, there will be no co-
contribution in acquisition. acquisition. When there is ownership and no presumption of equal shares (Agapay v.
evidence of joint acquisition Palang, G.R. No. 116668, July 28, 1997). Hence, mere
Note: Neither party can but none as to the extent of cohabitation without proof of contribution will not result in a
encumber or dispose by actual contribution, there is co-ownership (Tumlos vs. Fernandez, G.R. NO. 137650,
acts inter vivos of his or her a presumption of equal April 12, 2000).
share in the property sharing
acquired during HOWEVER, in the case of Abing v. Waeyan (G.R.
cohabitation and owned in No.146294, July 31, 2006) the Supreme Court ruled that
common without the any property acquired by common law spouses during the
consent of the other until period of cohabitation is presumed to have been obtained
after the termination of their through their joint efforts and owned by them in equal
cohabitation. shares in the absence of proof to the contrary. Rules on co-
Forfeiture ownership govern their property relations.
When only one of the
parties to avoid marriage is T HE F AMILY
in good faith, share of party
1. If one of parties is validly The family is a basic social institution which public policy
in bad faith in the co-
married to another, his or cherishes and protects (Art. 149); hence, no suit between
ownership shall be forfeited:
her share in the co- members of the family shall prosper unless a compromise
1. In favor of their common
ownership shall accrue to between the parties has failed (Art. 151). Family relations
children.
the ACP or CPG existing are governed by law and no custom, practice or agreement
2. In case of default or
in such valid marriage. destructive of the family shall be recognized or given effect
waiver by any or all
2. If party who acted in bad (Art. 149).
common children or their
faith is not validly married
descendants each vacant
to another, his/her share Family relations include:
share shall belong to
shall be forfeited in the 1. Between husband and wife
respective surviving
same manner provided 2. Between parents and children
descendants
for in Art. 147 3. Among other ascendants and descendants
3. In their absence, to the
3. The above rules apply 4. Among brothers and sisters whether full or half–blood
innocent party.
even if both parties are in (Art. 150)
bad faith.
In all cases, forfeiture takes
place upon termination of Mandatory Prior Recourse to Compromise
cohabitation. No suit between members of the same family shall prosper
UNLESS it appears from the verified complaint or petition
Tender Loving Care Doctrine that earnest efforts toward a compromise have been made,
The relationship between a man and a woman whose and that the same have failed. If it is shown that no such
marriage was subsequently declared null and void on the efforts were, in fact, made, the case must be dismissed
ground of psychological incapacity is governed by Art. 147 (Art. 151).

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 PERSONS & FAMILY RELATIONS
Exceptions:
1. When a stranger is involved in the suit
Ratio: The interest of such stranger may differ from the
interest of members of the same family. (Sta. Maria, M.,
Persons and Family Relations, 2010, p. 588)
2. In cases where compromise is invalid under the Civil
Code (Art. 2035): (CV JAFF)
a. Civil status of persons
b. Validity of marriage or a legal separation
c. Jurisdiction of courts
d. Any ground for legal separation
e. Future support
f. Future legitime
The term “suit” provided by law clearly implies only civil
actions. (Manalo vs. CA, G.R. No. 129242, January 26,
2000) On the other hand, Art. 332 of the Revised Penal
Code provides for exemption from criminal, but not civil
liability, for the crimes of theft, swindling or malicious
mischief committed or caused by the following:
1. Spouses, ascendants and descendants, or relative by
affinity in the same line;
2. The widowed spouse with respect to the property which
belonged to the deceased spouse before the same shall
have passed into the possession of another; and
3. Brothers and sisters and brothers-in-law and sisters-in-
law, if living together.
Running of prescriptive periods
Unless otherwise provided by the Family Code and other
laws, Art. 1109 of the Civil Code provides that
prescription does not run between:
a. Husband and wife, even though there be a separation
of property agreed upon in the marriage settlements or
by judicial decree;
b. Parents and children during the latter’s minority or
insanity;
c. Guardian and ward during the continuance of the
guardianship. (Sta. Maria, m., persons and family
relations 2010 ed., p. 589)
FAMILY HOME
It is constituted jointly by the husband and wife or by an
unmarried head of a family; is the dwelling house where
they and their family reside, and the land on which it is
situated (Art. 152).
General Rule: The family home is exempt from execution,
forced sale or attachment.
Rationale: When the creditors seize the family house, they
virtually shatter the family itself.
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Exceptions: (PLMN)
1. Debts incurred prior to constitution (Art. 153);
Note: Art. 153 cannot be given retroactive effect to shield
the homes of debtors from execution of judgment arising
from debts which became due and demandable prior to
the effectivity of the Family Code. To be able to avail of
the benefits of a family home in relation to debts which
matured prior to August 3, 1988, it must be shown that
the home was constituted either judicially or
extrajudicially pursuant to the old Civil Code (Sta. Maria,
M., Persons and Family Relations, 2010, p. 591).
2. Debts due to laborers, mechanics, architects, builders,
material men and others who have rendered service or
furnished materials for the construction of the building
(Art. 155);
3. Debts secured by mortgages on family home (Art. 155);
4. Non–payment of taxes on home (Art. 155)
If ever the family home is subject of an attachment, the
beneficiaries thereof have to move for the quashal of the
writ of attachment. If no motion for the quashal of the writ
or attachment or levy is filed, the benefit of exemption is
considered waived (Honrado v. Court of Appeals, G.R.
No. 166333, November 25, 2005).
As a rule, the family home is exempt from execution,
forced sale or attachment. However, Article 155(3) of the
Family Code explicitly allows the forced sale of a family
home “for debts secured by mortgages on the premises
before or after such constitution.” In this case, there is no
doubt that spouses Fortaleza voluntarily executed on
January 28, 1998 a deed of Real Estate Mortgage over
the subject property which was even notarized by their
original counsel of record. And assuming that the
property is exempt from forced sale, spouses Fortaleza
did not set up and prove to the Sheriff such exemption
from forced sale before it was sold at the public auction
(Sps. Fortaleza and Ofelia Fortaleza v. Sps. Lapitan,
G.R. No. 178288, August 15, 2012).
Outline of provisions regarding the family home:
1. It is constituted on the dwelling house of the family and
the land on which house is situated
2. Deemed constituted from time of actual occupation as a
family residence (Art. 153)
3. Continues to be such as long as any of its beneficiaries
actually resides therein (Art. 153)
4. Must be part of the properties of the absolute community
or the conjugal partnership or owned by person
constituting it (may be either or both spouses or the
single head of a family) (Art. 156)
 CIVIL LAW PERSONS & FAMILY
RELATIONS
Property that is the subject of a conditional sale on (1) family home only. (Art. 161)
installments where ownership is reserved by the vendor 9. May be alienated, sold, donated, assigned or
only to guarantee payment of the purchase price may be encumbered by the owners provided the written consent
constituted as a family home. (Art. 156 par. 2) of the following are obtained:
5. Must be permanent (Sta. Maria, M., Persons and Family a. The person who constituted the same,
Relations, 2010, p. 590). b. His or her spouse, and
6. Rule applies to valid and voidable and even to common- c. Majority of the beneficiaries of legal age give their
law spouses under Articles 147 and 148 consent. (Art. 158)
7. Continues despite death of one or both spouses or
unmarried head of the family for 10 years, or as long as
a minor beneficiary lives therein. Heirs cannot partition P ATERNITY AND F ILIAT ION
the same unless the court finds compelling reasons
therefor. (Art. 159).
Paternity and filiation
After 10 years and a minor beneficiary still lives therein, It refers to the relationship existing between parent and
the family home shall be preserved only until that minor child (Noe v. Velasco, 61 O.G. 411).
beneficiary reaches the age of majority. The intention of
the law is to safeguard and protect the interests of the Paternity
minor beneficiary until he reaches the age of majority It is the civil status relationship of the father to the child.
(Perla G. Patricio vs. Marcelino G. Dario III, G.R. No.
170829, November 20, 2006). Filiation
It is the civil status or relationship of the child to the father
The family home is shielded from immediate partition under or mother.
Article 159 regardless of its ownership. This signifies that The filiation of children may be by nature or by adoption.
even if the family home has passed by succession to the Natural filiation may be legitimate or illegitimate (Art. 163).
co-ownership of the heirs, or has been willed to any one of
them, this fact alone cannot transform the family home into LEGITIMATE AND ILLEGITIMATE CHILDREN
an ordinary property, much less dispel the protection cast DISTINGUISHED
upon it by the law. The rights of the individual co-owner of Legitimate Illegitimate
the family home cannot subjugate the rights granted under Conceived and born
Article 159 to the beneficiaries of the family home (Arriola outside a valid marriage
v. Arriola, G.R. No. 177703, January 28, 2008). or inside a void ab initio
marriage such as
8. To be a beneficiary (other than the husband and the wife Conceived or born during
bigamous and incestuous
or an unmarried person who is the head of the family), a valid marriage (Art. 164)
marriages and marriage
three requisites must concur: declared void for being
a. They must be either the parent, ascendant, contrary to law and public
descendant, brother or sister whether legitimate or policy (Art. 165)
illegitimate (Art. 154). Conceived or born before
b. They must live in the family home the judgment of
c. They are dependent for legal support upon the head of Born after the decree of
annulment or absolute
the family. annulment of a voidable
nullity of marriage if the
Thus in Patricio vs. Dario III (G.R. No. 170829, marriage
ground is psychological
November 20, 2006) a grandson was not considered a incapacity (Art. 54)
beneficiary of a family home owned by his grandparent Born in a subsequent void
because, while the said grandchild was living in the marriage due to failure to
said family home, he was not dependent for support on comply with Art. 52 and
the grandparent, who was the head of the family where 53 (Art. 54)
the grandchild lived, but on his father. Product of artificial
insemination provided
d. In-laws, provided the home is jointly constituted by both spouses authorized
husband and wife. But this law definitely excludes or ratified such procedure
maids and overseers (Manacop v. CA, G.R. No. in a written instrument,
102855 November 13, 1992). executed and signed
8. Every person may constitute or be the beneficiary of one

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Legitimate Illegitimate Legitimate Illegitimate

before birth of child and
recorded (Art. 164)
Conceived or born of
mothers who might have
declared against its
legitimacy or was
sentenced as an
adulteress (Art. 167)
Legitimated: conceived
and born outside of
wedlock of parents
without impediment at the
time of conception and
had subsequently married
Use of Surname
Right to bear father’s
surname
Parental Authority
Joint authority of parents
Support
Entitled to receive support
from any of his or her
direct ascendants and
descendants in
accordance with the
priority set by law in Art.
195 and 199 (Sta. Maria,
M., Persons and Family
Relations, 2010, p. 650).
Preferential right to
support over mother if
father has no sufficient
means to meet both
claims
Successional Right
Entitled to inheritance
Beneficiary Right Under the SSS (RA 8282) and
GSIS (RA 8291)
Generally required to use
mother’s surname
Exception:
If child’s filiation has been
expressly recognized by
the father through the
record of birth appearing
in the civil register, or
when an admission in a
public document or
private handwritten
instrument is made by the
father. (Sec.1, RA 9255)
Sole parental authority of
mother
Entitled to receive support
only up t his or her
grandparents or
grandchildren as provided
for in Art. 195(2) and (3)
(Sta. Maria, M., Persons
and Family Relations,
2010, p. 650).
No such preference
Entitled to ½ of legitimate
child’s inheritance
Primary beneficiary Not primary beneficiaries
Paternity Leave under RA 8187 (Paternity Leave Act
of 1996)
Father is entitled to No such benefit
paternity leave of 7 days
with full pay
RULE ON CHILDREN CONCEIVED AS A RESULT OF
ARTIFICIAL INSEMINATION
The status of the child is legitimate if all the requirements
under Art. 164 are complied with namely:
1. Both spouses authorize or ratify such insemination
2. The authorization or ratification is in a written instrument
signed by them before the birth of the child
3. The instrument is recorded in the civil registry together
with the birth certificate of the child.
Note: Even if the above requirements are not complied with
and the husband does not impugn the legitimacy of the
child on grounds provided by Art. 166 within the prescriptive
period, the child shall still be considered legitimate because
the child has been conceived or born during the valid
marriage of the parents pursuant to Article 164 par. 1.
RULES ON IMPUGNING LEGITIMACY (Art. 166 and 167)
Necessarily applies only to a situation where the child has
been delivered by a woman who is the child’s natural
mother (Sta. Maria, M., Persons and Family Relations,
2010, p. 609).
In the event that any of the grounds enumerated in Art. 166
is proven, the child will neither be legitimate nor illegitimate
in so far as the husband is concerned. Simply, the husband
and the child will not be related to each other in any manner
considering that the husband did not participate in any way
as to the child’s precreation. In so far as the mother is
concerned, the child will be considered illegitimate (Sta.
Maria, M., Persons and Family Relations, 2010, p. 609).
Grounds for impugning legitimacy: (PBC)
1. Physical impossibility of the husband to have sexual
intercourse with his wife within the first 120 days of the
300 days immediately preceding the child’s birth, due to:
a. Physical incapacity of the husband;
Note: Must be proved by convincing and persuasive
evidence hence, the fact that a husband, who was
never separated from his wife, has been absolutely stiff
in th hips at the time of the conception of the child has
been held as not conclusive enough to overturn the
presumption of legitimacy. (State vs. Reed, 107 W Va.
563, as cited Sta. Maria, p. 616)
b. Husband and the wife were living separately;

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Note: Mere remoteness of the wife from the husband
is not sufficient to disavow paternity. Hence, the bare
testimony by the husband that he and his wife were
living thirty miles away from each other at the time of
the conception of the child is not enough to show the
illegitimacy of the child without any showing that the
sexual intercourse with the wife was not possible
(Skott vs. State, 46 ALR 3d 180 as cited Sta. Maria,
p.616).
c. Serious illness of the husband which absolutely
prevented sexual intercourse
Note: Must be such as to absolutely prevent him from
engaging in sexual intercourse. Hence in Andal v.
Macaraig (G.R. No. L-2474, May 30, 1951), the Court
ruled that the fact that the husband was seriously sick
with tuberculosis was not sufficient to overcome the
presumption of legitimacy. Impossibility of access by
husband to wife would include absence during the
initial period of conception; impotence which is patent,
continuing and incurable; and imprisonment, unless it
can be shown that cohabitation took place through
corrupt violation of prison regulations.
2. Biological or scientific proof that the child could not have
been that of the husband;
Note: Racial dissimilarity may be a considered sufficient
scientific proof (Watkins vs. Carlton, 37 VA [10 Leigh]
586 as cited Sta. Maria, p. 617).
For sterility to constitute proof of non-paternity, the
husband must be shown to be completely sterile at the
time when the child was conceived (Sta. Maria, M.,
Persons and Family Relations, 2010, p. 618).
3. Vitiated consent in artificial insemination
Note: The mistake, fraud, violence, intimidation or undue
influence can be exerted by not only the spouses against
each other but also by third persons on both of the
spouses or on any one of them. In any case, only the
husband can impugn the legitimacy of the child, or the
heirs in special cases provided in Art. 171.
Prescriptive periods to file action to impugn
legitimacy:
1. One year, from knowledge of birth or recording in the civil
register, if husband or heirs live in the SAME
city/municipality where the birth took place or was
recorded.
2. Two years, if both reside in the Philippines.
3. Three years, if the child’s birth took place or was
recorded in the Philippines while the husband has his
PERSONS & FAMILY
RELATIONS
residence abroad, or vice versa (Art. 170).
Note: The question of legitimacy cannot be collaterally
attacked. It can be impugned only in a direct action. (Liyao
Jr. vs. Liyao, G.R. No. 138961, March 7, 2002)
Parties who can impugn legitimacy of a child:
General Rule: Only the husband may impugn.
Exception: The heirs may impugn within the same period
in the following cases:
1 If the husband dies before the expiration of the period
fixed for bringing his action
2 If he should die after the filing of the complaint without
having desisted therefrom; or
3 If the child was born after the husband’s death (Art. 171).
An assertion by the mother against the legitimacy of her
child cannot affect the legitimacy of the child born or
conceived within a valid marriage. A mother has no right to
disavow a child because maternity is never uncertain
(Concepcion v. CA, GR No 123450, August 31, 2005).
The death of the putative father does not ipso facto negate
the application of DNA testing for as long as appropriate
biological samples of his DNA exist. In such a case the
petitioner must show the impossibility of obtaining an
appropriate biological sample that can be utilized for the
conduct of DNA testing (Estate of Rogelio Ong v. Diaz,
G.R. No. 171713, December 17, 2007).
STATUS OF CHILDREN BORN WITHIN 300 DAYS
FROM THE TERMINATION OF A FIRST MARRIAGE
AND THE CELEBRATION OF A SUBSEQUENT
MARRIAGE (Art. 168 and 169)
Requisites: (TS–WBN)
1. First marriage terminated
2. Mother contracted subsequent marriage
3. Subsequent marriage was contracted within 300 days
after termination of previous marriage
4. Child was born within 300-day period
5. No evidence as to status of child
Rules on presumption of filiation in case of two
marriages:
1. To first marriage, if child was born before the lapse of 180
days after celebration of 2nd marriage, provided it was
born within 300 days after termination of the 1 st marriage.
2. To second marriage, if child was born after 180 days
following celebration of 2nd marriage, whether born within
300 days after termination of 1 st marriage or afterwards
(Art. 168).
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Illustration:
Termination of first marriage: October 1, 2011
Celebration of second marriage: January 1, 2012
300th day from termination of first marriage: July 26, 2012
180th day from celebration of second marriage: June 28,
2012
Hence:
Child born on or before June 28, 2012 is presumed to be
filiated to the first husband.
Child born at any time after June 28, 2012 (even if before
July 26, 2012) is presumed to be filiated with the second
husband.
Note: The legitimacy or illegitimacy of a child born after
three hundred days following the termination of the
marriage shall be proved by whoever alleges such
illegitimacy or illegitimacy (Art. 169).
Note: Art. 169 negates any presumption of filiation for a
child born after 300 days from the termination of a
marriage, in the absence of a subsequent marriage (Sta.
Maria, M., Persons and Family Relations, 2010, p. 627).
PROOF OF FILIATION
General Rule: Filiation of legitimate (or illegitimate)
children is established by any of the following: (RA)
1. The record of birth appearing in the civil registry or a final
judgment
2. An admission of legitimate (or illegitimate) filiation in a
public document or a private handwritten instrument and
signed by the parent concerned.
Exceptions: In the absence of any of the foregoing
evidence, such legitimate or illegitimate filiation shall be
proved by: (OA)
1. Open and continuous possession of the status of a
legitimate or illegitimate child;
2. Any other means allowed by the Rules of Court and
special laws (Art. 172).
a. An act or declaration concerning pedigree (Sec. 33,
Rule 130, Rules of Court)
b. Family reputation or tradition concerning pedigree
(Sec. 34, Rule 130, Rules of Court)
c. Common reputation respecting pedigree (Sec. 35,
Rule 130, Rules of Court)
d. Judicial admission (Sec. 2, Rule 129, Rules of Court)
e. Admission of a party (Sec. 22, Rule 130, Rules of
Court)
f. Admission by silence (Sec. 23, Rule 130, Rules of
Court)
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Baptismal certificate, judicial admission, family bible,
evidence of pedigree, admission by silence,
testimonies of witnesses and other pieces of evidence
under Rule 130, Rules of Court may be proofs of
filiation (Cruz vs. Cristobal, G.R. No. 148247,August 7,
2006).
In Dela Cruz vs. Garcia (G.R. No. 177728, July 31,
2009), a handwritten autobiography of the father was
recognized as evidence of filiation although not signed.
The Court ruled that “where the private handwritten
instrument is accompanied by other relevant and
competent evidence, it suffices that the claim of filiation
therein be shown to have been made and handwritten
by the acknowledging parent as it is merely
corroborative of such other evidence.”
Action to Claim Legitimacy (Art. 173)
Who may claim:
1. Child – exclusive and personal right of child which may
be brought anytime during his lifetime, regardless of the
proof presented to support his claim
2. Transmitted to heirs of the child within a period of 5 years
in case
a. Child dies during minority
b. Child dies in a state of insanity
c. Child dies after action has already been instituted
Action to Claim Illegitimacy
Illegitimate children may establish their illegitimate filiation
in the same way and on the same evidence as legitimate
children (Art. 175).
1. If illegitimate filiation is established by a record of birth in
the civil register or a final judgment, or an admission of
filiation in a public document or a private handwritten
instrument signed by the parent concerned, the action for
recognition may be brought by the child during his
lifetime (Guy, vs. CA, G.R. No. 163707, September 15,
2006).
2. If the action is based upon open and continuous
possession of the status of an illegitimate child, or any
other means allowed by the rules or special laws, it may
be only brought during the lifetime of the alleged parent
(Guy vs. CA, ibid).
3. Unlike an action for legitimacy, the right to claim for
status is NOT transmissible to the heirs.
“Continuous” does not mean that the concession of
status shall continue forever but only that it shall not be
of an intermittent character while it is continuous. The
possession of such status means that, the father has
treated the child as his own, directly and not through
 CIVIL LAW PERSONS & FAMILY
RELATIONS
others, spontaneously, and without concealment, though handwritten instrument is made by the father; Provided,
without publicity. There must be a showing of permanent that the father has the right to institute an action before
intention of the supposed father to consider the child as the regular courts to prove non-filiation during his lifetime.
his own by continuous and clear manifestation of
paternal affection and care (Mendoza vs. CA, G.R. No. LEGITIMATED CHILDREN
86302 September 24, 1991).
Legitimation
The paternal affection and care must not be attributed to It is a remedy by means of which those who in fact were
pure charity. “Such acts must be of such a nature that conceived and born outside of wedlock and should
they reveal not only the conviction of paternity, but also therefore be considered illegitimate are by legal fiction
the apparent desire to have and treat the child as such in considered legitimate. It shall take place only by the
all relations in society and in life, not accidentally, but subsequent valid marriage between the biological parents.
continuously” (Jison vs. CA, GR. No. 8454, April 13,
1956). Requisites: (NIM)
1. The child is illegitimate.
If the unsigned record of birth can be a proof of filiation 2. The parents at the time of the child’s conception are not
of the child, it would be easy for a woman to vest disqualified by any impediment from marrying each other
legitimate status to an illegitimate child. Hence, an or were so disqualified only because either or both of
unsigned record of birth cannot be used as proof of them were below eighteen (18) years of age (Art. 177, as
filiation (Reyes v. Court of Appeals, GR. 39537, March amended by R.A. 9858).
19, 1985). 3. There is a valid marriage subsequent to the child’s birth
(Art. 178).
RIGHTS OF CHILDREN
Legitimate Illegitimate Note: Children born out of wedlock to parents who were
not allowed by law to marry for being minors are now
Use of father & mother’s Use of mother‘s surname
qualified for legitimation. This has been made possible by
surname
RA 9858, approved on December 20, 2009 and has
Note: However, R.A.
amended Article 177 of the Family Code of the Philippines.
9255 amended Art. 176,
Before RA 9858, Article 177 stated that only children born
FC
out of wedlock to parents who were not disqualified from
Receive support from Receive support only up to getting married at the time of conception could be
ascendants or grandparent and legitimized.Under the present law, legitimation would
descendants of the same grandchildren automatically take place upon marriage of the parents.
line. Moreover, couples who had children when they were below
Entitled to the legitime in Legitime is ½ of the the marrying age would not need to go through the process
succession legitime of a legitimate of having to adopt their own offspring just so their kids could
child enjoy the rights of legitimate children.
Right to inherit ab intestato No right to inherit as such Notes: Laws providing for the process of legitimation are
from legitimate children remedial in character intended for the benefit and
and relatives of his father protection of the innocent offspring and, therefore, may be
and mother applied retrospectively (Lund’s Estate, 162 ALR 606) and
must be liberally construed (Cardenas vs. Cardenas, 12 Ill.
R.A. No. 9255 App 2d 497, 63 Alr2rd 1001 as cited in Sta. Maria, p. 659).
An Act Allowing Illegitimate Children to use the surname of Effects of legitimation:
their Father, amending for the purpose Article 176 of EO 1. Legitimated children shall enjoy the same rights as
No. 209, otherwise known as the "FAMILY CODE OF THE legitimate children (Art. 179)
PHILIPPINES" (approved February 24, 2004).
Note: Legitimation creates for the legitimated child the
Illegitimate children may use the surname of their total and full extent of the blood-relationship existing
father if: within the family to include all descendants, ascendants
1. Their filiation has been expressly recognized by the and collateral relative, unlike in adoption where only a
father through the record of birth appearing in the civil parent-child relationship is created. (Sta. Maria, M.,
register, or Persons and Family Relations, 2010, p. 661)
2. When an admission in a public document or private

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2. The effects of legitimation shall retroact to the time of the
child’s birth (Art. 180)
3. The legitimation of children who died before the
celebration of the marriage shall benefit their ascendants
(Art. 181)
4. Legitimation may be impugned only by those who are
prejudiced in their rights.
Generally refers to those who would suffer economic or
material injury by legitimation such as testamentary or
intestate heirs (Sta. Maria, M., Persons and Family
Relations, 2010, p. 663).
Legitimation may be impugned within 5 years from the
time their cause of action accrues, that is, from the death
of the putative parent.
Legitimation may be impugned on grounds like:
a. The subsequent marriage of the child’s parents is void;
b. The child allegedly legitimated is not natural; or
c. The child is not really the child of the alleged parents.
A DO PTION
The process of making a child, whether related or not to the
adopter, possess in general, rights accorded to a legitimate
child (Paras, E. Civil Code of the Philippines Annotated,
2002 ed., p. 685).
Adoption statutes, being humane and salutary, hold the
interest and welfare of the child to be of paramount
consideration and are designed to provide homes, parental
care and education for unfortunate, needy or orphaned
children and give them the protection of society and family
in the person of the adopter as well as to allow childless
couples to experience the joys of parenthood and give them
legally a child in the person of the adopted for the
manifestation of their natural parental instincts. Every
reasonable intendment should be sustained to promote
and fulfill these noble and compassionate objectives of the
law (In re: Petition for adoption of Michelle P. Lim, G.R. No.
168992-93 May 21, 2009).
Nature of adoption proceedings
1. Adoption is a juridical act. Only an adoption made
through the court, or in pursuance with the procedure laid
down under Rule 99 of the Rules of Court is valid in this
jurisdiction. It is not of natural law at all, but is wholly and
entirely artificial. To establish the relation, the statutory
requirements must be strictly carried out, otherwise, the
adoption is an absolute nullity (Lazatin vs. Hon. Judge
Campos, G.R. No. L-42955-56 July 30, 1979).
2. Adoption proceedings are IN REM and publication
serves as constructive notice to the whole world (Santos
vs. Aranzanso, L-23828, February 28, 1966).
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DOMESTIC ADOPTION ACT OF 1998 (R.A. No. 8552)
Pre–adoption services (Sec. 4-6)
The DSWD shall provide for the following services:
1. Counseling services for –
a. biological parents [Sec. 4(a)],
Note: No binding commitment for and adoption plan shall
be permitted before the birth of his or her child.
A period of 6 months shall be allowed for the biological
parent(s) so reconsider any decision to relinquish his/her
child for adoption before the decision becomes
irrevocable.
b. prospective adoptive parents [Sec. 4 (b)] and
c. prospective adoptee [Sec. 4(c)]
2. Exhaust all efforts to locate the unknown biological
parents
Note: If efforts fail, child shall be listed as a foundling and
shall be judicially declared as abandoned [Sec. 5]
Who may adopt: (LPG-CONE)
1. Filipino citizen [Sec. 7 (a)]:
a. Of legal age
b. In a position to support and care for his/her children in
keeping with the means of the family
c. Good moral character
d. In possession of full civil capacity or legal rights
e. At least 16 years older than the adoptee, except when:
i. Adopter is the biological parent of the adoptee
ii. Adopter is the spouse of the adoptee’s parent
f. Has not been convicted of any crime involving moral
turpitude
g. Emotionally and psychologically capable of caring for
children
2. Alien (S-DELL)
a. Same qualifications as a Filipino
b. Country has diplomatic relations with the Philippines.
c. Certified by said office that his government allows the
adoptee to enter his country as his adopted child
d. Has been living in the Philippines for at least three (3)
continuous years prior to the application for adoption
and maintains such residence until the adoption
decree is entered,
e. Certified to have legal capacity to adopt by his/her
diplomatic or consular office but certification may be
waived in the same instances for waiver of residency
 CIVIL LAW
requirement in (c)
Note: Requirements listed under (c), (d) and (e) may be
waived if the alien is:
i.A former Filipino citizen seeks to adopt a relative
within the 4th degree of consanguinity or affinity
ii.One who seeks to adopt the legitimate son/daughter
of his/her Filipino spouse
iii.One who is married to a Filipino citizen and seeks to
adopt jointly with his/her spouse a relative within the
4th degree of consanguinity or affinity of the Filipino
spouse
If a Filipino adopts an alien, the adopted alien does not
acquire Philippine citizenship because such acquisition of
citizenship acquires the character of naturalization which is
regulated, not by the Civil Code or the Family Code, but by
special law (Ching Leng vs. Galang, G.R. No. L-11931,
October 27, 1958).
3. Guardian (TC) [Sec. 7(c)]
a. After termination of the guardianship, with respect to
the ward, and
b. Clearance of his/her financial accountabilities
Rule on adoption by spouses
General rule: The husband and the wife shall JOINTLY
adopt.
Exceptions: (LIS)
1. One spouse seeks to adopt the legitimate child of the
other spouse
2. One spouse seeks to adopt his/her own illegitimate child
with the consent of the other spouse
3. The spouses are legally separated
Other factors to be considered in evaluating prospective
parents:
1. Total personality of the applicants
2. Emotional maturity
3. Quality of marital relationship
4. Feeling about children
5. Feeling about childlessness and readiness to adopt
6. Motivation (Sta. Maria, M., Persons and Family
Relations, 2010, p. 681).
Who may be adopted: (Sec. 8) (DARILL)
1. Child whose biological or adoptive parents have died,
provided that no proceedings shall be initiated within 6
months from the time of death of said parents
2. Any person below 18 years of age who has been
voluntarily committed to the DSWD under P.D. 603 or
judicially declared available for adoption
3. Child whose adoption has been previously rescinded
4. Illegitimate child of a qualified adopter to improve the
PERSONS & FAMILY
RELATIONS
child’s status
5. Legitimate child of the other spouse
6. A person of legal age, who, prior to the adoption, has
been consistently considered by the adopter as his/her
own child since minority
Consent in adoption (Sec. 9) (A-BALIS)
The written consent of the following is required:
1. The adoptee, if he is 10 years of age or older;
2. Known biological parents or legal guardians or proper
government instrumentality which has legal custody of
the child;
3. Legitimate/adopted children, 10 years old or over, of the
adopter and adoptee;
4. The illegitimate children, 10 years old or over, of the
adopter if living with the adopter and the latter's spouse;
5. Spouse of the adopter and adoptee
Note: An alleged capability to support an adoptee through
the help of other persons is not enough to support a petition
for adoption. According to the SC, adoption is personal
between the adopter and adoptee; the adopter should be
in a position to support the would-be adopted child in
keeping with the means of the family (Landingin v.
Republic, GR No 164948, June 27, 2006).
Sec.9 of R.A. 8552 provides that if the written consent of
the biological parents cannot be obtained, the consent of
the legal guardian must be sought. To dispense with the
requirement of written consent, the abandonment must be
shown to have existed at the time of adoption and evinces
a settled purpose to forego all parental duties. The written
consent of the biological parents is indispensable for the
validity of a decree of adoption. The natural right of parent
to child requires that consent be obtained before parental
rights and duties may be terminated and re-established in
adoptive parents. (Landingin vs. Republic,ibid).
Effectivity of decree of adoption (Sec. 13)
A decree of adoption shall be effective as of the date the
original petition was filed. This applies also in case
petitioner dies before the issuance of the adoption decree,
to protect the interest of the adoptee.
In Tamargo vs. CA (209 SCRA 518, G.R. No. 85044 June
3, 1992), where the petition for adoption was granted after
the child had shot and killed a girl, the SC did not consider
the retroactive effect of the decree of adoption so as to
impose a liability upon the adopting parents accruing at the
time when they had no actual or physical custody over the
adopted child. It held that retroactive effect may be given
where such is essential to permit the accrual of some
benefit or advantage in favor of the adopted child. To hold
that parental authority had been retroactively lodged in the
adopting parents so as to burden them with liability for a
tortuous act that they could neither have foreseen nor
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 PERSONS & FAMILY RELATIONS
prevented would be unfair and unconscionable.
Middle name of adopted child
The illegitimate child subsequently adopted by his/her
natural father is permitted to use as her middle name the
surname of her natural mother for the following reasons:
1. It is necessary to preserve and maintain the child’s
filiation with her natural mother because under Art. 189
of the Family Code, she remains to be an intestate heir
of the latter. To prevent any confusion and needless
hardship in the future, her relationship or proof of that
relationship with her natural mother should be
maintained;
2. There is no law expressly prohibiting the adopted to use
the surname of her natural mother as her middle name.
What the law does not prohibit, it allows; and
3. It is customary for every Filipino to have a middle name,
which is ordinarily the surname of the mother (In the
Matter of the Adoption of Stephanie Nathy Astorga
Garcia, G.R. No. 148311, March 31, 2005).
Effects of Adoption: (SAL)
1. Severance of legal ties between the biological parents
and the adoptee, which shall be vested in the adopters.
Exception: if the biological parent is the spouse of the
adopter (Sec. 16).
2. Adoptee shall be considered as a legitimate child of the
adopter(s) for all intents and purposes (Sec. 17).
3. In legal or intestate succession, the adoptee and the
adopter(s) shall have reciprocal rights of succession
without distinction from legitimate filiation. However, if
there is a will, the rules on testamentary succession shall
be followed (Sec. 18).
Note: Once an adoption decree is issued, it cannot be
attacked collaterally as in their action for partition, but in a
direct proceeding frontally addressing the issue (Sayson
vs. CA, G.R. Nos. 89224-25 January 23, 1992).
Rescission of adoption (Sec. 19) - by ADOPTEE ONLY
Grounds: (ASAR)
1. Attempt on the life of the adoptee
2. Sexual assault or violence
3. Abandonment and failure to comply with parental
obligations
4. Repeated physical or verbal maltreatment by the adopter
despite having undergone counseling
Note: Adoption shall not be subject to rescission by the
adopters. However, the adopters may disinherit the
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adoptee for causes provided under Art 919 of the Civil
Code (Sec. 19).
An adoptee refused to use the surname of the adopter
though already adopted. The adopter sought to
rescind/revoke the Decree of Adoption (DOA), but the
Domestic Adoption Act (R.A. 8552) which removes the right
of adopter to challenge the validity of the DOA became
effective. SC held that the adopter may disinherit the
adoptee, and that the latter has the sole right to challenge
the DOA (Lahom v. Sibulo, G.R. No 143989, July 14, 2003).
Disinheritance of adoptee by adopter
Grounds: (Art. 919, NCC) (GAMM-CARD)
1. Groundless accusation against the testator of a crime
punishable by six (6) years or more imprisonment
2. Found guilty of an attempt against the life of the testator,
his/her spouse, descendants or ascendants
3. Causes the testator to make or changes a testator’s will
through violence, intimidation, fraud or undue influence
4. Maltreatment of the testator by word or deed
5. Conviction of a crime which carries the penalty of civil
interdiction
6. Adultery or concubinage with testator’s spouse
7. Refusal without justifiable cause to support the parent or
ascendant
8. Leads a dishonorable or disgraceful life.
Effects of rescission: (Sec. 20) (PRAS)
1. Parental authority of adoptee’s biological parents or legal
custody of DSWD shall be restored if adoptee is still a
minor or incapacitated.
2. Reciprocal rights and obligations of the adopter(s) and
the adoptee to each other shall be extinguished.
3. Amended certificate of birth of the adoptee shall be
cancelled and its original shall be restored.
4. Succession rights shall revert to their status prior to the
adoption, but vested rights shall be respected.
Being a legitimate child by virtue of adoption, it follows that
the child is entitled to all the rights provided by law to a
legitimate child. The adopted child remains an intestate heir
of his/her biological parents. Hence, she can well assert her
hereditary rights from her natural mother in the future (In
the matter of adoption of Stephanie Nathy Astorga Garcia,
GR No 148311 March 31, 2005).
Simulation of Birth
Is the tampering of the civil registry making it appear in the
birth records that a certain child was born to a person who
is not his/her biological mother, causing such child to lose
his/her true identity and status [R.A.8552 Art. 1 Sec. 3 (J)].
Punished by prision mayor in its medium and a fine not
exceeding P50, 000 under Sec. 21 (b) of the same law.
 CIVIL LAW
A crime defined and punished by Sec. 21 (b) of RA 8552
committed by any person who shall cause the fictitious
registration of the birth of a child under the names of
persons who are not his/her biological parents.
INTER-COUNTRY ADOPTION ACT OF 1995 (R.A. 8043)
The socio-legal process of adopting a Filipino child by a
foreigner or a Filipino citizen permanently residing abroad
where the petition is filed, the supervised trial custody is
undertaken, and the decree of adoption is issued outside
the Philippines [Sec. 3 (a)].
Who may be adopted (Sec. 8)
Only a “legally-free child” may be the subject of inter-
country adoption
Legally-free Child
A child who has been voluntarily or involuntarily committed
to the DSWD of the Philippines, in accordance with the
Child Youth and Welfare Code [Sec. 3 (f)]
No child shall be matched to a foreign adoptive family
unless it is satisfactorily shown that the child cannot be
adopted locally (Sec. 11).
There shall be no physical transfer of a voluntarily
committed child earlier than six (6) months from the date of
execution of Deed of Voluntary Commitment except:
1. Adoption by a relative
2. Children with special medical conditions
Who may adopt (Sec. 9)
1. Any alien or
2. Filipino citizen, both permanently residing abroad
Conditions: (JAC-NERD--PQ)
1. If married, his/her spouse must jointly file for the adoption
2. At least 27 years of age and at least 16 years older than
the child to be adopted, at the time of the application
unless the adopter is:
a. Parent by nature of the child to be adopted or
b. Spouse of such parent
3. Capacity to act and assume all rights and responsibilities
of parental authority under his/her national laws, and has
undergone the appropriate counseling from an
accredited counselor in his/her country
4. Has not been convicted of a crime involving moral
turpitude
5. Eligible to adopt under his/her national law
6. Agrees to uphold the basic rights of the child as
embodied under Philippine laws, the U.N. Convention on
the Rights of a Child, and to abide by the rules and
regulations issued to implement the Inter–Country
Adoption Act
PERSONS & FAMILY
RELATIONS
7. Comes from a country with whom the Philippines has
diplomatic relations and whose government maintains a
similarly authorized and accredited agency and that
adoption is allowed under his/her national laws
8. In a position to provide the proper care and support and
to give the necessary moral values and examples to all
his children, including the child to be adopted
9. Possesses all the qualifications and none of the
disqualifications under the Inter–Country Adoption Act
and other applicable Philippine laws
Filing of application (Sec.10): Either with the Philippine
RTC having jurisdiction over the child OR with the Inter-
Country Adoption Board, through an intermediate agency
Inter-Country Adoption Board (Sec. 4)
It acts as the central authority in matters relating to inter-
country adoption.
The Board shall ensure that all possibilities for the adoption
of the child under the Family Code have been exhausted
and that inter–country adoption is in the best interest of the
child.
Supervision of trial custody (Sec. 14)
Mandatory period of 6 months from the time of placement
before a decree of adoption may be issued. During this
period, the adopting parents shall submit a progress report
of the child’s adjustment which shall be taken into
consideration in issuing the decree of adoption.
1. Starts upon actual physical transfer of the child to the
applicant who, as actual custodian, shall exercise
substitute parental authority over the person of the child
(Sec. 44, Implementing Rules of RA 8043)
2. The adopting parent(s) shall submit to the governmental
agency or authorized and accredited agency, which shall
in turn transmit a copy to the Board, a progress report of
the child’s adjustment.
Disruption and termination of placement: (Sec. 47,
Implementing Rules of RA 8043)
In the event of serious damage in the relationship between
the child and applicant; or when the continued placement
is no longer in the best interests of the child:
a. The Board through the Central Authority shall take
necessary measures to protect the child, in particular
cause the child to be withdrawn from the applicant and
arrange for his temporary care
b. The Central Authority shall exhaust all means to
remove cause of unsatisfactory relationship
c. The Central Authority shall submit at complete report
to the Board as to the actions taken as well as
recommendations.
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d. Based on the report submitted by the Central Authority,
the Board may terminate the pre-adoptive relationship.
Note: If the pre-adoptive relationship is found
unsatisfactory by the child or the applicant or both, or if the
foreign adoption agency finds that the continued placement
of the child is not in the child’s best interest, said
relationship shall be suspended by the Board and the
foreign adoption agency shall arrange for the child’s
temporary care.
If a satisfactory pre-adoptive relationship is formed
between the applicant and the child, the Board shall submit
the written consent to the adoption to the foreign adoption
agency within 30 days after receipt of the latter’s request.
A copy of the final decree of adoption of the child, including
certificate of citizenship/naturalization whenever
applicable, shall be transmitted by the foreign adoption
agency to the Board within 1 month after its issuance (Sec.
53, Implementing Rules of RA 8043)
Presumption of illegal adoption: (Sec. 57,
Implementing Rules of RA 8043) (CPEN)
1. Consent for adoption was acquired through or attended
by coercion, fraud, improper material inducement
2. Procedures and safeguards provided by law for
adoption were not complied with
3. Has exposed or subjected the child to be adopted to
danger, abuse or exploitation
4. No authority to effect adoption from the Board
S UPPORT
Support
It comprises everything indispensable for sustenance,
dwelling, clothing, medical attendance, education and
transportation in keeping with the financial capacity of the
family (Art. 194).
Kinds: (LJC)
1. Legal – one required or given by law;
2. Judicial – required by the court to be given whether
pendente lite or in a final judgment;
3. Conventional – given by agreement.
Characteristics: (MR P2INE)
1. Mandatory
2. Reciprocal on the part of those who are by law bound to
support each other
3. Personal
4. Provisional character of support judgment
5. Intransmissible
6. Not subject to waiver or compensation
7. Exempt from attachment or execution
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(A. Tolentino, Commentaries and Jurisprudence on the
Civil Code of the Philippines, Vol. I, 1990 ed. p. 575)
Persons obliged to support each other: (Art. 195)
1. Spouses
2. Legitimate ascendants and descendants
3. Parents and their legitimate children, and the legitimate
and illegitimate children of the latter
4. Parents and their illegitimate children, and the legitimate
and illegitimate children of the latter
5. Legitimate brothers and sisters whether full or half-blood
provided:
Brothers and sisters NOT legitimately related whether full
or half-blood are likewise entitled to support to the full
extent under Art. 194 except when the need for support
of the brother or sister, being of age, is due to a cause
imputable to claimant’s fault or negligence (Art. 196)
Note: Art. 197 providing for the source from where the
support should be taken out highlights the fact that the
people enumerated in Art. 195 have a personal obligation
to support each other (Sta. Maria, M., Persons and Family
Relations, 2010, p. 763).
For support of legitimate ascendants, descendants
(legitimate/illegitimate), brothers and sisters
(legitimate/illegitimate), only separate property of person
obliged to give support shall be answerable. In the absence
of separate property, the CPG or ACP shall advance
support deductible from share of spouse obliged upon
liquidation (Art. 197).
In case of legitimate descendants which are the common
children of the spouse or the legitimate children of either
spouse. In which case, the ACP or CPG shall be principally
charged for their support as mandated by law in Art. 94(1)
and Art. 121(1). This is different from personal support
owing to them from the father or mother as provided in Art.
194 and 197.
Order of liability if several persons obliged to give
support: (Art. 199) (SDAB)
1. Spouse
2. Descendants in the nearest degree
3. Ascendants in the nearest degree
4. Brothers and sisters
If the obligation to give support falls upon two or more
persons, payment shall be divided between them in
proportion to their resources. In case of urgent need and
special circumstances, the court may order only one of
them to furnish support provisionally subject to the right to
claim from the others the share due them (Art. 200).
 CIVIL LAW
When two or more recipients at the same time claim for
support and the person legally obliged to give does not
have sufficient means to satisfy all claims:
1. The order of liability provided by law shall be followed.
2. If the concurrent obligees should be the spouse and a
child subject to parental authority, the child shall be
preferred. (Art. 200)
In Mangonon vs. CA (G.R. No. 125041, June 30, 2006), the
Supreme Court ordered the grandfather, who was proven
to be well-off to support his grandchildren on the basis of
Art. 199, considering that their parents were not capable of
supporting the children.
If the obligation to give support falls upon two or more
persons, the payment shall be divided between them in
proportion to their resources. [Art. 200 (1st par)]
In case of or urgent need and special circumstances, the
court may order only one of them to furnish support
provisionally subject to the right to claim from the others the
share due them (Art. 200 [2nd par]).
When two or more recipients at the same time claim for
support and the person legally obliged to give does not
have sufficient means to satisfy all claims:
1. The order of liability provided by law shall be followed.
2. If the concurrent obliges should be the spouse and a
child subject to parental authority, the child shall be
preferred (Art. 200 [3rd par]).
Obligation to give support arising from:
Spousal and general
Parental authority
familial ties
(Title IX)
(Title VIII)
Ends upon the Ideally lasts during the
emancipation of the child obligee’s lifetime
Pertains to parents, passing Passes on to the
to ascendants only upon its ascendants not only upon
termination or suspension default of the parents but
also for the latter’s inability
to provide sufficient support
(Lim vs. Lim, G.R. No. 163209, Oct. 30 2009)
The governing text are the relevant provisions in Title VIII
of the Civil Code, as amended, on Support, not the
provisions in Title IX on Parental Authority. While both
areas share a common ground in that parental authority
encompasses the obligation to provide legal support, they
differ in other concerns including the duration of the
obligation and its concurrence among relatives of differing
degrees. Thus, although the obligation to provide support
arising from parental authority ends upon the emancipation
of the child, the same obligation arising from spousal and
PERSONS & FAMILY
RELATIONS
general familial ties ideally lasts during the obligee’s
lifetime.. Also, while parental authority under Title IX (and
the correlative parental rights) pertains to parents, passing
to ascendants only upon its termination or suspension, the
obligation to provide legal support passes on to
ascendants not only upon default of the parents but also
for the latter’s inability to provide sufficient support. (Lim vs.
Lim, G.R. No. 163209, October 30, 2009)
Requisites in order for support from stranger to be
reimbursable:
Under Art. 206:
1. Stranger gives support to another person with the
intention to be reimbursed; and
2. Person obliged to give support to the recipient does not
have knowledge of the stranger’s act
Under Art. 207:
1. There is an urgent need to be supported on the part of
the recipient;
2. The person obliged to support unjustly refuses or fails to
give the support; and
3. A third person furnishes the support to the needy
individual.
Support from Stranger
1. When, without the knowledge of the person obliged to
give support, it is given by a stranger, the latter shall have
a right to claim the same from the former, unless it
appears that he gave it without any intention of being
reimbursed (Art 206)
2. When the person obliged to support another unjustly
refuses or fails to give support when urgently needed by
the latter, any third person may furnish support to the
needy individual, with a right of reimbursement from the
person obliged to give support (Art. 207)
Logically, the sisters would, thru their mother, turn to their
uncle (Noel Daban) for their sustenance and education
when petitioner (their father) failed to give the same, a
failing which stretched from their pre-schooling days to their
college years. Since such failure has been established, it is
not amiss to deduce, as did the trial court and the CA, that
Noel Daban who, owing to consideration of kinship, had
reasons to help, indeed lent his sister Lea money to support
her children. Mention may also be made that, contextually,
the resulting juridical relationship between the petitioner
and Noel Daban is a quasi-contract, an equitable principle
enjoining one from unjustly enriching himself at the
expense of another (Lacson vs. Lacson, G.R. No. 150644
August 28, 2006).
Support Pendente Lite (Art. 198 in relation to Rule 61 of
the Rules of Court)
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During the proceedings for legal separation or for
annulment of marriage, and for declaration of nullity of
marriage, the spouses and their children shall be supported
from the properties of the absolute community or the
conjugal partnership.
Mutual support between the spouses ceases after final
judgment.
In case of legal separation, the court may order the guilty
spouse to support the innocent spouse.
In determining the amount to be awarded as support
pendent lite, it is not necessary to go fully into the merits of
the case, it being sufficient that the court ascertain the kind
and amount of evidence it may deem sufficient to enable it
to justly resolve the application, one way or the other, in
view of the merely provisional character of the resolution to
be entered. Mere affidavits may satisfy the court to pass
upon the application for support pendente lite. It is enough
that the facts be established by affidavits or other
documentary evidence appearing in the record (Reyes vs.
Ines-Luciano, G.R. No. L-48219 February 28, 1979).
Amount of support
It shall be in proportion to the resources or means of the
giver and to the necessities of the recipient (Art. 201, See
Lam vs. Chua, G.R. No.131286. March 18, 2004). It shall
be increased or reduced proportionately, according to the
increase or reduction of necessities of the recipient and the
resources or means of the person obliged (Art. 202).
Support is rooted on the fact that the right and duty to
support, especially the right to education, subsists even
beyond the age of majority (Estate of Hilario M. Ruiz vs.
CA, G.R. No. 118671, January 29, 1996).
Demand for support (Art. 203)
The obligation to give support shall be demandable from
the time the person who has a right to receive the same
needs it for maintenance, but it shall not be paid except
from the date of judicial or extrajudicial demand.
Support must be demanded and the right to it established
before it becomes payable. For the right to support does
not arise from the mere fact of relationship, even from
relationship of parents and children, but from ‘imperative
necessity’ without which it cannot be demanded, and the
law presumes that such necessity does not exist unless
support is demanded. (Sy vs. CA, G.R. No. 124518, Dec.
17, 2007)
Payment of the amount for support starts only from the time
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support has been judicially or extra-judicially demanded for
the right to support does not arise from the mere fact of
relationship but from imperative necessity without which it
cannot be demanded, and the law presumes that such
necessity does not exist, unless support is demanded
(Jocson vs. Empire Insurance Co., G.R. No. L-10792, April
30, 1958).
Performance of obligation to support (Art. 204)
1. Paying the allowance fixed; or
2. Receiving and maintaining in the family dwelling the
person who has a right to receive support provided that
there is no moral or legal obstacle to do so.
Note: The law provides that the husband, who is obliged to
support the wife, may fulfill the obligation either by paying
her a fixed pension or by maintaining her in his own home
at his option. However, this option given by law is not
absolute. The law will not permit the husband to evade or
terminate his obligation to support his wife if the wife is
driven away from the conjugal home because of his
wrongful acts. In the case at bar, the wife was forced to
leave the conjugal abode because of the lewd designs and
physical assault of the husband, she can therefore claim
support from the husband for separate maintenance even
outside the conjugal home (Goitia vs. Campos-Rueda G.R.
No. G.R. No. 11263, November 2, 1916).
As to how the obligation to support can be performed, Art.
204 provides that the person obliged to give support shall
have the option to fulfill the obligation either by paying the
allowance fixed, or by receiving and maintaining in the
family dwelling the person who has the right to receive
support. The latter alternative cannot be availed of in case
there is a moral or legal obstacle thereto, such as the
strained relationship between the parties (Ma. Belen B.
Mangonon vs. CA, G.R. No. 125041, June 30, 2006).
Exemption of support from attachment or execution
The right to receive support as well as money or property
obtained as such support shall not be levied upon on
attachment or execution (Art. 205). But in case of
contractual support or that given by will, the excess in
amount beyond that required for legal support shall be
subject to levy on attachment or execution (Art. 208).
Only salary "due" the judgment debtor is subject to
attachment and execution, and then only if it is not made to
appear by the affidavit of the debtor or otherwise that such
earnings are necessary for the support of his family. Under
the Revised Rules, so much of the earnings of the debtor
for his personal services within the month preceding the
levy as are necessary for the support of his family (Sec. 12,
Rule 39) is exempt from execution (Avendaño vs.
Alikapala, G.R. No. L-21189 November 28, 1964).
 CIVIL LAW
P ARENT AL A UTHORITY (PA)
Parental authority is the sum total of the right of the
parents over the persons and property of their
unemancipated children. It is pursuant to the natural right
and duty of parents over the same and it includes caring for
and rearing of such children for civic consciousness and
efficiency and the development of their moral and physical
character and well-being (Art. 209).
Parental Preference Rule
The natural parents, who are of good moral character and
who can reasonably provide for the child, are ordinarily
entitled to custody as against all other persons (Sta. Maria,
M., Persons and Family Relations, 2010, p. 789).
Parental authority and responsibility are inalienable and
may not be transferred or renounced except in cases
authorized by law. The right attached to parental authority,
being purely personal, the law allows a waiver of parental
authority only in cases of adoption, guardianship and
surrender to a children’s home or an orphan institution.
When a parent entrusts the custody of a minor to another,
such as a friend or godfather, even in a document, what is
given is merely temporary custody and it does not
constitute a renunciation of parental authority. Even if a
definite renunciation is manifest, the law still disallows the
same. The father and mother, being the natural guardians
of unemancipated children, are duty-bound and entitled to
keep them in their custody and company (Sagala-Eslao vs.
CA, G.R. No. 116773, January 16, 1997).
The right of custody accorded to parents springs from the
exercise of parental authority. (Santos vs. CA, G.R. No.
113054 March 16, 1995)
Rules on the exercise of parental authority
Joint parental authority by the father and mother over the
persons of their common children, whether legitimate or
illegitimate. In case of disagreement, the father’s decision
shall prevail unless there is a judicial order to the contrary
(Art. 211)
Under Art. 176, parental authority of illegitimate children is
generally with the mother. To harmonize Art. 176 with Art.
211, joint parental authority may be exercised over
illegitimate children if:
1. The father is certain, and
2. The illegitimate children are living with the said father
and mother who are cohabiting without the benefit of
marriage or under a void marriage not falling under Arts.
36 and 53.( Sta. Maria, M., Persons and Family
Relations, 2010, p. 781)
PERSONS & FAMILY
RELATIONS
Note: The recognition by the father could be a ground for
ordering him to give support, but not custody of the child.
Only if the mother defaults can the father assume such
custody or authority. Only the most compelling of reasons,
such as the mother’s unfitness to exercise sole parental
authority shall justify deprivation of her parental authority
and the award of custody to someone else (Briones vs.
Miguel, G.R. No. 156343 October 18, 2004).
Duties of Children towards their Parents
1. To observe respect and reverence toward their parents;
2. To obey their parents as long as they are under their
parental authority.
Rule of filial privilege
No descendant shall be compelled, in a criminal case, to
testify against his parents and grandparents, except when
such testimony is indispensable in a crime against the
descendant or by one parent against the other (Art. 215,
FC in relation to Sec. 25, Rule 130 of the Rules on
Evidence)
In Emma Lee vs. CA (G.R. No. 177861, July 13, 2010), the
person (Tiu) who invoked the filial privilege, claims that she
is the stepmother of petitioner Lee. The Supreme Court
declared that the privilege cannot apply because the rule
applies only to “direct” ascendants and descendants, a
family tie connected by a common ancestry. A
stepdaughter does not have a common ancestry by her
stepmother. Relative thereto, Art. 965 of the NCC provides
that the direct line is either descending or ascending. The
former unites the head of the family with those who
descend from him. The latter binds a person with those
from whom he descends. Consequently, Tiu can be
compelled to testify against petitioner Emma Lee.
This rule is not strictly a rule on disqualification because a
descendant is not incompetent or disqualified to testify
against an ascendant. The rule refers to a privilege not to
testify, which can be invoked or waived like other privileges.
As correctly observed by the lower court, Elven was not
compelled to testify against his father; he chose to waive
that filial privilege when he voluntarily testified against
Artemio. Elven declared that he was testifying as a witness
against his father of his own accord and only "to tell the
truth” (People vs. Invencion, G.R. No. 131636 March 5,
2003).
In line with the filial privilege under Art. 215 of the Family
Code is the marital privilege provided for under Sec. 24 (a)
of Rule 130 of the Rules of Court which states that:
The husband or the wife, during or after the marriage,
cannot be examined without the consent of the other as to
any communication received in confidence by one from the
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other during the marriage except in a civil case by one
against the other, or in a criminal case for a crime
committed by one against the other or the latter's direct
descendants or ascendants.
Rules in case parental authority cannot be exercised
jointly (Art. 212 to 214)
Cause of absence of Effect on parental
parent authority
Absence or death of one PA continued by the
parent parent present or
surviving parent
In case of remarriage of PA continued to be
the surviving parent exercised by surviving
parent unless court
appoints another person
a guardian
Note: The new spouse,
by virtue of his or her
marrying the surviving
parent, does not
automatically possess
parental authority over
the children of the
surviving parent unless
such new spouse adopts
the children. (Sta. Maria,
M., Persons and Family
Relations, 2010, p. 784)
Legal separation of PA shall be exercised by
parents the parent designated by
the court
Exception:
If child is under seven
years old, the mother
shall have custody over
said child.
Exception to the
exception:
Unless the court finds
compelling reasons to
order otherwise.
Death, absence or Substitute parental
unsuitability of both authority shall be
parents exercised by the
surviving grandparent. In
case several survive, the
court shall consider the
best interests of the child
in the designation.
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CIVIL LAW
Doctrines regarding the maternal preference granted
by Art. 213 par. 2 as decided in Dacasin vs. Dacasin
(G.R. No. 168785 February 5, 2010)
Maternal preference cannot be subject to an agreement
between the separated spouses: Indeed, the separated
parents cannot contract away the provision in the Family
Code on the maternal custody of children below seven
years anymore than they can privately agree that a mother
who is unemployed, immoral, habitually drunk, drug addict,
insane or afflicted with a communicable disease will have
sole custody of a child under seven as these are reasons
deemed compelling to preclude the application of the
exclusive maternal custody regime under the second
paragraph of Article 213.
As to the bias favoring the mother over the father in
case of separation: At any rate, the rule’s seeming
harshness or undesirability is tempered by ancillary
agreements the separated parents may wish to enter such
as granting the father visitation and other privileges. These
arrangements are not inconsistent with the regime of sole
maternal custody under the second paragraph of Article
213 which merely grants to the mother final authority on
the care and custody of the minor under seven years of
age, in case of disagreements.
As to the limited period of application of preference:
Further, the imposed custodial regime under the second
paragraph of Article 213 is limited in duration, lasting only
until the child’s seventh year. From the eighth year until the
child’s emancipation, the law gives the separated parents
freedom, subject to the usual contractual limitations, to
agree on custody regimes they see fit to adopt.
Writ of habeas corpus in child custody cases
Habeas corpus may be resorted in cases where rightful
custody is withheld from a person entitled thereto
(Salientes vs. Abanilla G.R. No. 162734 August 29, 2006).
The controversy does not involve the question of personal
freedom, because an infant is presumed to be in the
custody of someone until he attains majority age. In
passing on the writ in a child custody case, the court deals
with a matter of an equitable nature. Not bound by any
mere legal right of parent or guardian, the court gives his or
her claim to the custody of the child due weight as a claim
founded on human nature and considered generally
equitable and just. Therefore, these cases are decided, not
on the legal right of the petitioner to be relived from unlawful
imprisonment or detention, as in the .case of adults, but on
the court’s view of the best interests of those whose welfare
requires that they be in custody of one person or another.
Hence, the court is not bound to deliver a child into the
custody of any claimant or of any persons, but should, in
 CIVIL LAW
the consideration of the facts, leave it in such custody as its
welfare at the time appears to require. In short, the child’s
welfare is the supreme consideration (Sombong vs. CA,
G.R. No. 111876. January 31, 1996).
Maternal Preference/ Tender Years Rule
General Rule: No child under 7 years of age shall be
separated from the mother.
Exception: When the court finds compelling reason to
order otherwise. The welfare and well-being of the child is
the paramount consideration in awarding custody.
SUBSTITUTE PARENTAL AUTHORITY (Art. 216)
Persons who will exercise parental authority in the default
of parents or a judicially appointed guardian, in the order
indicated:
1. Surviving grandparent
2. Oldest brother or sister over 21 years of age unless unfit
or disqualified
3. Actual custodian over 21 years of age unless unfit or
disqualified
The same order of preference shall be observed when
appointment of guardian over property of child becomes
necessary.
Private respondents' (grandparents) demonstrated love
and affection for the boy, notwithstanding, the legitimate
father is still preferred over the grandparents. The latter's
wealth is not a deciding factor, particularly because there is
no proof that at the present time, petitioner is in no position
to support the boy. The fact that he was unable to provide
financial support for his minor son from birth up to over
three years when he took the boy from his in-laws without
permission, should not be sufficient reason to strip him of
his permanent right to the child's custody. While petitioner's
previous inattention is inexcusable and merits only the
severest criticism, it cannot be construed as abandonment.
His appeal of the unfavorable decision against him and his
efforts to keep his only child in his custody may be regarded
as serious efforts to rectify his past misdeeds. To award
him custody would help enhance the bond between parent
and son. It would also give the father a chance to prove his
love for his son and for the son to experience the warmth
and support which a father can give (Santos vs. CA, G.R.
No. 113054 March 16, 1995).
Note: The person exercising substitute parental authority
shall have the same authority over the person of the child
as the parents (Art. 233).
Rule in case of foundlings, abandoned, neglected or
abused children and other children similarly situated:
(Art. 217)
PERSONS & FAMILY
RELATIONS
Foundling
Newborn child abandoned by its parents who are unknown
(Bouvier’s Law Dictionary, 3rd Revision, p. 1293)
Abandoned child
One who has no proper parental care or guardianship, or
those whose parents or guardians have deserted him for a
period of at least six continous months [Art. 141 (2), PD
603]
Neglected child
One whose basic needs have been deliberately unattended
or inadequately attended and may be done through
physical or emotional neglect [Art. 141 (3), PD 603]
Abused child
Can come within the emotionally-neglected child (Sta.
Maria, M., Persons and Family Relations, 2010, p. 804)
Parental authority shall be entrusted in summary
judicial proceeding to:
1. Heads of children’s homes,
2. Orphanages, or
3. Similar institutions duly accredited by the proper
government agency (Art. 217)
SPECIAL PARENTAL AUTHORITY (Art. 218 and 219)
Can only be exercised over minors while under their
supervision, instruction or custody. The authority and
supervision also attach to all authorized activities whether
inside or outside the school, entity or institution.
The following shall be held principally and solidarily liable
for damages caused by the acts or omissions of the
unemancipated minor:
1. School
No distinction between academic or non-academic (arts
and trades)
Note: In Amadora vs. CA (G.R. No. L-47745 April 15,
1988), the Court has come to the conclusion that the Art.
218 and 219 should apply to all schools, academic as
well as non-academic. Where the school is academic
rather than technical or vocational in nature,
responsibility for the tort committed by the student will
attach to the teacher in charge of such student, following
the first part of the provision. This is the general rule. In
the case of establishments of arts and trades, it is the
head thereof, and only he, who shall be held liable as an
exception to the general rule. In other words, teachers in
general shall be liable for the acts of their students except
where the school is technical in nature, in which case it
is the head thereof who shall be answerable. Following
the canon of reddendo singula singulis "teachers" should
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apply to the words "pupils and students" and "heads of custody of the school,
establishments of arts and trades" to the word entity or institution, for
"apprentices." the primary liability of the
parents to attach under
2. Administrators and teachers Art. 221, the
3. Individual, entity or institution engaged in child care unemancipated child
must be living in their
As held in the case of Palisoc vs. Brillantes (G.R. No. L- company AND under
29025 October 4, 1971), the phrase "so long as (the their parental authority.
students) remain in their custody" means the protective and
supervisory custody that the school and its heads and The principle of parental liability (under Art. 221) is a
teachers exercise over the pupils and students for as long species of vicarious liability, or the doctrine of imputed
as they are at attendance in the school, including recess negligence where a person is not only liable for torts
time. There is nothing in the law that requires that for such committed by himself, but also for torts committed by others
liability to attach, the pupil or student who commits the with whom he has a certain relationship and for whom he
tortious act must live and board in the school. In the view of is responsible. Parental liability is, in other words, anchored
the Court, the student is in the custody of the school upon the parental authority coupled with the presumed
authorities as long as he is under the control and influence parental dereliction in the discharge of the duties
of the school and within its premises, whether the semester accompanying such authority (Tamargo vs. CA, G.R. No.
has not yet begun or has already ended. G.R. No. 85044 June 3, 1992).

Note: In no case shall the persons exercising special

parental authority inflict corporal punishment upon the child
(Art. 233).
Liability
SPECIAL PARENTAL AUTHORITY AND SUBSTITUTE
PARENTAL AUTHORITY DISTINGUISHED Vicarious Liability or Imputed Negligence: Parents and
Special PA Substitute PA other persons exercising PA shall be civilly liable for injuries
Rests on the theory that Exercised in case of and damages caused by acts or omissions of their
while the child is in the death, absence, or unemancipated children living in their company and under
care and custody of the unsuitability of parents their PA subject to appropriate defenses provided by law.
person/s exercising (Art. 221)
special parental
authority, the parents Persons Exercising Special PA shall be principally and
temporarily relinquish solidarily liable for damages caused by acts or omissions
parental authority of the unemancipated minor.
Concurrent with parental NOT exercised
authority concurrently with the The parents, judicial guardians or Persons Exercising
exercise of parents Substitute PA shall be subsidiarily liable.
Liability is principal and Liability is only
solidary with the minor subsidiary, that is, only if Note: Liability will not attach if it is proved they exercised
under their custody the persons with special the proper diligence required under the particular
parental authority cannot circumstances (Art. 219)
satisfy their liability.
Defense of exercise the No such defense is EFFECTS OF PARENTAL AUTHORITY
proper diligence available in case of acts
required under the or omissions committed I. Upon the Person of the Children
particular circumstances while the child is in the
may extinguish liability custody of the person Rights and duties of parents and those exercising
exercising special parental authority (Art. 220)
parental authority. 1. To keep them in their company, to support, educate and
instruct them by right precept and good example, and to
In acts and omissions provide for their upbringing in keeping with their means;
committed outside the

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2. To give them love and affection, advice and counsel,
companionship and understanding;
3. To provide them with moral and spiritual guidance,
inculcate in them honesty, integrity, self-discipline, self-
reliance, industry and thrift, stimulate their interest in civic
affairs, and inspire in them compliance with the duties of
citizenship;
4. To furnish them with good and wholesome educational
materials, supervise their activities, recreation and
association with others, protect them from bad
company, and prevent them from acquiring habits
detrimental to their health, studies and morals;
5. To represent them in all matters affecting their interests;
6. To demand from them respect and obedience;
7. To impose discipline on them as may be required under
the circumstances; and
8. To perform such other duties as are imposed by law
upon parents and guardians.
PERSONS & FAMILY
RELATIONS
provisions on succession, Art. 923 and Art. 1035 of the
Civil Code.
Exception: Parents are required to file a bond where the
market value of the property or the annual income of the
child exceeds P50,000. The bond shall not be less than
ten per centum (10%) of the value of the property or
annual income, to guarantee the performance of the
obligations prescribed for general guardians.
Fruits and profits of industry of child:
a. Owned by the child;
b. Shall be devoted exclusively to the child’s support and
education unless the title or transfer provides
otherwise.
c. Parent may only use such fruits and income shall be
limited primarily to the child's support and secondarily
to the collective daily needs of the family.

Procedure for imposing discipline on the child (Art. Administration of parents’ property by unemancipated
223) child (Art. 227)
1. Parent or person exercising parental authority, may 1. The net proceeds of such property shall belong to the
petition the proper court of the place where the child parents-owner.
resides, for an order providing for disciplinary measures 2. The child shall be given a reasonable monthly allowance
over the child. in an amount not less than that which the owner would
a. Relief prayed for may include commitment in an have paid if the administrator were a stranger, unless the
institution in child care duly accredited by the proper owner, grants the entire proceeds to the child.
government authority for not more than 30 days. 3. The proceeds given in whole or in part shall not be
b. If petition is granted, parent shall not interfere with the charged to the child's legitime.
implementation of the decision but shall continue to Kinds of Properties of a Minor
provide for his support. Adventitious (Art. 226) Profectitious (Art. 227)
Earned or acquired by the
2. There will be a summary hearing and the child shall be Property given by the
child through his work or
entitled to the assistance of counsel, either of his choice parents to the child for the
industry by onerous or
or appointed by the court. latter to administer
gratuitous title
3. If in the same proceeding the court finds the petitioner at
fault, irrespective of the merits of the petition, or when the Owned by the child Owned by the parents
circumstances so warrant, the court may also order the Child is also the
deprivation or suspension of parental authority or adopt usufructuary, but the child’s
such other measures as it may deem just and proper. use of the property shall be Parents are the usufructuary
4. The court may terminate the commitment of the child secondary to the collective
whenever just and proper (Art. 224) daily needs of the family

II. Upon the Property of the Children (Art. 225 and 226)
The father and the mother shall jointly exercise legal
guardianship over the property of the unemancipated
common child without the necessity of a court
appointment.
In case of disagreement, the father's decision shall
prevail, unless there is a judicial order to the contrary.
Note: Two cases where a parent cannot be the
administrator of the property of his children under the
Property administered by Property administered by
the parents the child
Note: The courts may appoint a guardian of the child’s
property, or a guardian ad litem when the best interests of
the child so require. (Art. 222)
SUSPENSION AND TERMINATION OF PARENTAL
AUTHORITY (Art. 228 and 229)
Grounds for suspension: (CHOBAN)
1. Conviction of a crime with the penalty of civil interdiction

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2. Harsh or cruel treatment against the child
3. Orders, counsel and example which are corrupting, given
by the person exercising authority
4. Child is compelled to beg
5. Subjecting child or allowing child to be subjected to acts
of lasciviousness,
6. Negligence, which is culpable, committed by the person
exercising authority (Art. 231)
However, Sec. 10 (c) of RA 7610 provides as penalty,
among others, the loss of parental authority to any
ascendant, stepparent or guardian of a minor, who shall
induce, deliver or offer a minor under his custody to
persons described and enumerated in Sec. 10 (b).
E MANCIP ATION

Note: The suspension or deprivation may be revoked and Emancipation takes place by the attainment of the age of
parental authority revived if the court finds that the cause majority. Unless otherwise provided, majority commences
has ceased and will not be repeated. (Art. 231 par. 4) at the age of eighteen years. (Art 234 as amended by RA
6809)
In case of civil interdiction, the authority is automatically
reinstated upon service of penalty or pardon or amnesty of Effect of Emancipation
the offender. There is no need of a court order. (Art. 230) Emancipation for any cause shall terminate parental
authority over the person and property of the child who shall
then be qualified and responsible for all acts of civil life,
save the exceptions established by existing laws in special
cases (Art 236 as amended by RA 6809).
Grounds for termination of parental authority
Permanent (Art. 228 and Upon the effectivity of this Act (December 13, 1989),
Temporary (Art. 229)
232) existing wills, bequests, donations, grants, insurance
Death of the parents Adoption of the child policies and similar instruments containing references and
provisions favorable to minors will not retroact to their
Appointment of a general prejudice (Sec, 4, RA 6809).
Death of the child
guardian
Emancipation of the child Judicial declaration of
abandonment S UMMARY J UDICIAL
If the person exercising P ROCEEDINGS IN THE F AMILY
parental authority has L AW
Final judgment divesting the
subjected the child or
parents of parental authority Actions requiring summary judicial proceedings under the
allowed him to be subjected
to sexual abuse Family Code:
1. To obtain a judicial declaration of presumptive death for
Judicial declaration of
the purpose of contracting a subsequent marriage (Art.
absence or incapacity of the
41)
parents exercising parental
2. In case of legally separated spouses, when the consent
authority over the child.
of one spouse to any transaction of the other is required
by law, judicial authorization shall be obtained in a
Notes: Sec. 10 (b) of the RA 7610 punishes any person summary proceeding (Art. 100 [2])
who shall keep or have in his company a minor: 3. In case of legally separated spouses, when the
a. Who is 12 years old or younger in any public or private community property is not sufficient for the support of the
place, hotel, motel, beer joint, discotheque, cabaret, family each spouse is liable with his/her separate
pension house, sauna or massage parlor, beach property. The spouse present shall petition the court for
and/or other tourist resort or similar places; or the administration of the specific separate property of the
b. Who is 10 or more years his junior, in the places other spouse and the use the fruits or proceeds to satisfy
enumerated in (a). the latter’s share (Art. 100 [3]).
4. To confer parental authority over foundlings,
The same provision expressly provides that it does not abandoned, neglected, and abused children to heads of
apply to any person who is related to the minor within the children’s homes and orphanages (Art. 217)
fourth degree of consanguinity or affinity or any bond 5. To provide for disciplinary measures over the child at the
recognized by law, local custom and tradition or acts in the motion of the parents or any person exercising over
performance of a social, moral or legal duty. parental authority (Art. 223)

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RELATIONS
6. For the filing of a bond to enable the parents of a minor the deceased (Art. 306 NCC)
to exercise of legal guardianship latter’s properties, when 3. The funeral shall be in accordance with the expressed
the value of said properties exceed Php 50,000 (Art. 225) wishes of the deceased
7. Determination of the value of the presumptive legitimes a. In the absence of the expressed wishes, his religious
in cases of partition of the conjugal dwelling (Art. 51) beliefs or affiliation shall determine funeral rites
8. In case of disagreement in fixing the family domicile (Art. b. In case of doubt, the persons in Art. 199, FC shall
69) decide, after consulting other members of the family
9. In case of objection to a spouse’s exercise of legitimate (Art. 307 NCC)
profession (Art. 73) 4. No human remains shall be retained, interred, disposed
10. In case of disagreement in the administration and of or exhumed without the consent of the persons in Art.
enjoyment of the community property/conjugal 199, FC (Art. 308 NCC)
partnership (Art. 96, 124) 5. Any person who disrespects the dead or allows the same
or wrongfully interferes with a funeral shall be liable for
Procedure: (Art. 239-248) F-NOPED-J damages (Art. 309 NCC)
1. Upon filing of verified petition in the family court where 6. If the deceased is married, the tombstone or mausoleum
the spouses reside (or in the RTC, if there is no family is deemed a part of the funeral expense and chargeable
court), jurisdiction of said court over the petition shall against ACP or CPG (Art. 310 NCC)
attach upon proof of notice to the other spouse.
2. Notice to the non-petitioning spouse shall include a show U SE OF S URNAMES
cause order why the petition should not be granted
3. The non-petitioning spouse is given the opportunity to
Child Surname
answer on or before the date set for the initial conference
Legitimate Surname of father
as indicated in the notice.
Legitimated Surname of father
4. The preliminary conference shall be conducted by the
judge personally, and the spouses shall not be Conceived before the
decree annulling a voidable Surname of father
accompanied by counsel. After the initial conference, the
marriage
spouses may be assisted by counsel at the court’s
discretion. Generally, surname of
5. The court may proceed ex parte and render judgment if mother. May use surname
despite all efforts, the non-petitioning spouse does not of father if filiation has been
appear. expressly recognized by the
6. If both spouses are present during the initial conference father through the record of
and the petition is not resolved then, the petition shall be Illegitimate birth appearing in the civil
decided in a summary hearing on the basis of affidavits register, or when an
submitted. admission in a public
7. The judgment of the court shall be immediately final and document or private
handwritten instrument is
executory.
made by the father.
Adopted Surname of adopter
F INAL P RO VIS IONS
Rules on the surname of a married woman (Art. 307)
Retroactive Effect 1. A married woman may use:
The Family Code shall have retroactive effect insofar as it a. Her maiden first name and surname and add her
does not prejudice or impair vested or acquired rights in husband's surname (ex: Maria Aquino-dela Cruz) or
accordance with the Civil Code or other laws (Art 256). b. Her maiden first name and her husband's surname
(ex: Maria dela Cruz) or
F UNERALS c. Her husband's full name, but prefixing a word
indicating that she is his wife, such as "Mrs.” (ex: Mrs.
General Guidelines: Juan dela Cruz)
1. Duty and right to make arrangement for funerals is in
accordance with right and duty to support under Article 2. In case of annulment of marriage (Art. 371):
199, FC. In case of descendants of the same degree, or a. If the wife is the guilty party, she shall resume her
brothers and sisters, the eldest shall be preferred (Art. maiden name and surname.
305 NCC). b. If she is the innocent spouse, she may resume her
2. The funeral shall be in keeping with the social position of maiden name and surname. However, she may

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choose to continue employing her former husband's
surname, unless:
i. The court decrees otherwise, or
ii. She or the former husband is married again to
another person.
3. When legal separation has been granted, the wife shall
continue using her name and surname employed before
the legal separation. (Art. 372)
Note: The language of the statute is mandatory that the
wife, even after the legal separation has been decreed,
shall continue using her name and surname employed
before the legal separation. This is so because her
married status is unaffected by the separation, there
being no severance of the vinculum. It seems to be the
policy of the law that the wife should continue to use the
name indicative of her unchanged status for the benefit
of all concerned ( Laperal vs. Republic, G.R. No. L-18008
October 30, 1962).
4. A widow may use the deceased husband's surname as
though he were still living, in accordance with Article 370.
(Art. 373)
Identity of names and surnames
1. The younger person shall be obliged to use such
additional name or surname as will avoid confusion (Art.
374)
2. Between ascendants and descendants, the word
"Junior" can be used only by a son. Grandsons and other
direct male descendants shall either:
a. Add a middle name or the mother's surname, or
b. Add the Roman Numerals II, III, and so on (Art 375)
Article 375 restricts the use of “Junior” but social usage
allows the use of “Junior” also for daughters.
General Rule: No person shall use different names and
surnames (Art. 380).
Exception: Use of pen names or stage names is permitted,
PROVIDED it is done in good faith and there is no injury to
third persons (Art 379)
Usurpation of a name and surname may be the subject of
an action for damages and other relief. (Art. 377)
Elements:
a. There is an actual use of another’s name by the
defendant
b. The use is unauthorized;
c. The use of another’s name is to designate personality or
identify a person (Tolentino vs. Ca, G.R. no. L-41427
june 10, 1988).
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The unauthorized or unlawful use of another person's
surname gives a right of action to the latter. (Art. 378)
Change of name is a judicial proceeding in rem. Jurisdiction
to hear and determine a petition therefor, by law, is
acquired after publication of the "order reciting the purpose
of the petition" and the "date and place for the hearing
thereof"---for three (3) successive weeks in a newspaper of
general circulation. But, for that publication to be effective,
it must give a correct information. We therefore rule that for
purposes of an application for change of name under Article
376 of the Civil Code, the only name that may be changed
is the true or official name recorded in the civil register. In
addition, we accordingly hold that for a publication of a
petition for a change of name to be valid, the title thereof
should include, first, his real name, and second, his aliases,
if any (Ng Yao vs. Republic, G.R. No. L-20306 March 31,
1966).
A B SENCE
The legal status of a person who has absented himself from
his domicile and whose whereabouts and fate are
unknown, it not being known with certainty whether he is
still living or not (Jurado, Civil Law Reviewer, 19th Ed.
(1999), p. 260).
Different stages of absence [Paras, 15th ed. (2002), p.
857]: (PDP)
1. Provisional absence (Art. 381)- When a person
disappears from his domicile, his whereabouts being
unknown, without leaving an agent to administer his
property.
a. There is no declaration of absence yet but legal
representative may be appointed only when urgent
representation is necessary and applies only if no
agent has been appointed to represent the absentee
or agent’s authority has expired.
b. The spouse is preferred as the legal representative
except when they are legally separated.
c. If absentee left no spouse, any competent person any
be appointed.
2. Declared absence (Art. 384)
a. Without administrator - When a person disappears
from his domicile, and 2 years have elapsed without
any news about him, or since the receipt of the last
news.
b. With administrator – 5 years have elapsed
The following may ask for the declaration of absence:
i. Spouse present
ii. Testate or Intestate heirs
 CIVIL LAW
iii. Other persons subordinated to rights by death.
The judicial declaration of absence shall not take effect
until six months after its publication in a newspaper of
general circulation (Art. 386)
An administrator of the absentee’s property shall be
appointed.
When the wife is appointed as an administratrix, she
cannot alienate or encumber the husband’s property or
that of the conjugal property without judicial authority.
The administration shall cease when:
i. Absentee reappears personally or through an agent
ii. Death is proven
iii. Third person appears and shows proof that he
acquired absentee’s property when absentee was
still alive.
3. Presumptive death- When the absentee is presumed
dead. (Art. 390, 391)
PRESUMPTION OF DEATH (Arts. 390 to 392, NCC)
Absence under ordinary circumstances
(Art. 390)
Presumed dead for all
purposes
7 years
Exception:
For purposes of opening
succession
Presumed dead for
purposes of opening
succession
Exception:
10 years If at the time of
disappearance person
was already 75 years old,
5 years of absence is
sufficient for this
presumption to apply.
Presumed dead for
4 years purposes of remarriage of
the spouse present
Absence under extraordinary circumstances/
Qualified absence (Art. 391)
Presumed dead for all
4 years purposes including
opening of succession
PERSONS & FAMILY
RELATIONS
Absence under extraordinary circumstances/
Qualified absence (Art. 391)
Presumed dead for
2 years
purposes of remarriage
Extraordinary circumstances under Art. 391: (LAO)
1. Person on board a vessel or airplane lost during sea
voyage or missing, counted from the loss of the vessel
or airplane
2. Person in armed forces who took part in war
3. Person in danger of death under other circumstances
and his existence has not been known
Note: A well-founded belief that the absentee is already
dead is required before an absent spouse may be declared
presumably dead. The requisites are: (4-RBF)
a. Absent spouse has been missing for 4 years or 2
consecutive years if the disappearance is under Art.
391 of the Civil Code;
b. Present spouse wishes to remarry;
c. Present spouse has a well- founded belief that the
absent spouse is dead;
d. Present spouse files a summary proceeding for the
declaration of presumptive death of the absent spouse
(Republic v. Nolasco, G.R. NO. 14053, March 13,
1993).
The legal requirement on the need for judicial declaration
of presumptive death does not apply to a marriage
celebrated under the (Old) Civil Code as the law itself
presumed as dead the spouse who disappeared for a
period of seven (7) years where the present spouse has no
news of the absentee being alive, or for less than seven (7)
years where the absentee was generally presumed dead
(Valdez vs. Republic, G.R. No. 180863, September 8,
2009). Hence, proof of “well- founded” belief is not required.
C IVIL R EG ISTER
Acts, events and judicial decrees concerning the civil status
of persons shall be recorded in the civil register (Art. 407).
This includes:
1. Births;
2. Marriages;
3. Deaths;
4. Legal separations;
5. Annulments of marriage;
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6. Judgments declaring marriages void from the
beginning;
7. Legitimations;
8. Adoptions;
9. Acknowledgments of natural children;
10. Naturalization;
11. Loss; or
12. Recovery of citizenship;
13. Civil interdiction;
14. Judicial determination of filiation;
15. Voluntary emancipation of a minor; and
16. Changes of name. (Art. 408)
Duty of the Clerk of Court
To ascertain whether the decree has been registered, and
if this has not been done, to send a copy of said decree to
the civil registry of the city or municipality where the court
is functioning (Art. 409).
Books of the Civil Register and related documents
1. Considered public documents
2. Prima facie evidence of the facts therein contained. (Art.
410)
Unlawful alteration (Art. 411)
General Rule: Every civil registrar shall be civilly
responsible for any unauthorized alteration made in any
civil register, to any person suffering damage thereby.
Exception: If the civil register proves that he has taken
every reasonable precaution to prevent the unlawful
alteration.
Change of first name or nickname Under R.A. 9048 (An
Act Authorizing City or Municipal Civil Registrar or the
Consul General to Correct a Clerical or Typographical Error
in an Entry and/or Change of First Name or Nickname in
the Civil Registrar without Need of a Judicial Order,
Amending For This Purpose Arts. 376 And 412 Of The Civil
Code)
Authority to correct clerical or typographical error and
change of first name or nickname: (Sec. 1)
General Rule: No entry in a civil register shall be changed
or corrected without a judicial order.
Exceptions: Administrative proceeding for change of first
name or nickname and clerical or typographical errors.
Clerical or typographical error
It refers to a mistake committed in the performance of
clerical work in writing, copying, transcribing or typing an
entry in the civil register that is harmless and innocuous,
such as misspelled name or misspelled place of birth or the
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like, which is visible to the eyes or obvious to the
understanding, and can be corrected or changed only by
reference to other existing record or records [Sec. 2(3)].
Exceptions to the exception: (SANS)
1. Sex
2. Age
3. Nationality
4. Status
Note: Correction or change can be made by the concerned
city or municipal civil registrar or consul general in
accordance with the provisions of this Act and its
implementing rules and regulations.
The State has an interest in the names borne by individuals
and entities for purposes of identification. A change of
name is a privilege, not a right. Petitioner must show proper
or reasonable cause or any compelling reason which may
justify such change (Silverio v. Republic, G.R. NO. 174689,
October 22, 2007).
Grounds for change of first name or nickname (Haw
Liong vs. Republic G.R. No. L-21194 April 29, 1966): (HAR)
1. New first name or nickname has been habitually and
continuously used by the petitioner and he has been
publicly known by that first name or nickname in the
community;
2. The change will avoid confusion
3. First name or nickname is ridiculous, tainted with
dishonor or extremely difficult to write or pronounce;
Note: R.A. 9048 does NOT sanction a change of first name
on the ground of sex reassignment. To rule otherwise may
create grave complications in the civil registry and public
interest (Republic v. CA, GR NO. 97906, May 21, 1992).
Middle names serve to identify the maternal lineage or
filiation of a person as well as further distinguish him from
others who may have the same given name and surname
as he has. The dropping of the middle name of a minor so
that he will not be different from his classmates in
Singapore and on the additional ground that it would cause
confusion and difficulty in its pronunciation in Singapore
does not constitute proper and reasonable cause to drop it
from his registered complete name. As he is of tender age,
he may not yet understand and appreciate the value of the
change of his name and granting of the same at this point
may just prejudice him in his rights under our laws (In Re:
Petition for Change of Name and/or
Correction/Cancellation of Entry in Civil Registry of Julian
Lin Carulasan Wang vs. Cebu City Civil Registrar, G.R. No.
159966, March 30, 2005).
 CIVIL LAW PERSONS & FAMILY
RELATIONS
Please refer to Remedial Law Memory Aid for a 8. Adoptions
comprehensive discussion of the procedural aspects of 9. Acknowledgments of natural children
change of name. 10.Naturalization
11.Election, loss or recovery of citizenship
12.Civil interdiction
13.Judicial determination of filiation
14.Voluntary emancipation of a minor
Cancellation or correction of entries in the Civil 15.Changes of name
Registry (Rule 108, Rules of Court)

Any person interested in any act, event, order or decree

concerning the civil status of persons which has been
recorded in the civil register, may file a verified petition for
the cancellation or correction of any entry relating thereto,
with the Court of First Instance of the province where the
corresponding civil registry is located. (Sec 1)

All persons who have or claim any interest which would be

affected thereby shall be made parties to the proceeding.
(Sec. 3)

Upon the filing of the petition, the court shall:

1. Fix the time and place for the hearing of the same
2. Cause reasonable notice thereof to be given to the
persons named in the petition.
3. Cause the order to be published once a week for 3
consecutive weeks in a newspaper of general circulation
in the province. (Sec. 4)

Opposition may be filed by the civil registrar and any

person having or claiming any interest under the entry
whose cancellation or correction is sought within 15 days
from notice of the petition, or from the last date of
publication of such notice. (Sec. 5)

Orders expediting the proceedings and preliminary

injunction for the preservation of the rights of the parties
pending such proceedings may be granted by the court.
(Sec. 6)

After hearing, the court may either dismiss the petition or

issue an order granting the cancellation or correction
prayed for. In either case, a certified copy of the judgment
shall be served upon the civil registrar concerned who
shall annotate the same in his record. (Sec. 7)

Entries subject to cancellation or correction upon good

and valid grounds (Sec.2)
1. Births
2. Marriages
3. Deaths
4. Legal separations
5. Judgments of annulments of marriage
6. Judgments declaring marriages void from the beginning
7. Legitimations

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