Persons and Family Relations – Atty.

Sindayen-Libiran

INTRODUCTION TO LAW AND THE CIVIL CODE Moral Law State Law
Concerned with inner Deals with outward or
LAW motives and intentions overt acts
- Any system of uniformity Enforced not by force but by
Enforced by the physical
public opinions and one’s
- Any rule of action force of the state
own conscience
DERECHO

- “The science of moral rules, founded on the rational Physical Law State Law
nature of man, which govern his free activity, for the Directed to rational beings
Operates on all matter
realization of the individual and social ends, of a only
nature both demandable and reciprocal.” (Sanchez
Roman) Human Positive Law or State Law

LEY - Reasonable rule of action, expressly or directly

promulgated by competent authority for the common
- “Rule of conduct, just, obligatory promulgated by good, and usually, but not necessarily, imposing a
legitimate authority, and of common observance and sanction in case of disobedience
benefit.” (Sanchez Roman)
Characteristics
CLASSIFICATION OF LAW
a. Rule of conduct
According to the manner of promulgation o It tells you what you should do and not do
b. It is obligatory
Natural law
o It is a command
- Impliedly promulgated c. It is promulgated by legitimate authority
- No external authority is saying that this is the law o Philippine legal system
d. It is of common observance and benefit
Positive law
Necessity and function
- There is an act, an act that says that this is the law
- There is an express promulgation or declaration that o Necessity of the study of law
this is the law
Sources
Natural Law Positive Law
Natural Moral Law Divine Positive Law a. Constitution
- In every human - Sourced from fate or b. Legislation
being there is an religion c. Administrative/executive orders, regulations and
innate sense of - Laws provided by a rules
what is right and higher being d. Judicial decisions/jurisprudence
wrong - E.g. ten e. International law
- E.g. killing a commandments f. Custom
human being, o Other sources – apply only if there no
eating a human applicable law
being
Law of Nature or Physical Divine Human Positive Law As to purpose
Law - Based on the will of a
- Governs divine beings - Substantive
workings of - E.g. Catechisms of the - Adjective/remedial/procedural law
nature Catholic church
- Without anyone As to its nature/scope/content
saying that it is
- Public/general law
there, it is there
- Private/individual law
- E.g. gravity
Human positive law or state As to force/effect
law
- Mandatory/absolute/imperative
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Persons and Family Relations – Atty. Sindayen-Libiran

- Prohibitive law the Official Gazette or newspaper of general

- Permissive/directive law circulation

CIVIL LAW Exception

- Branch or law that treats of the personal and family
relations of an individual, his property and
successional rights, and the effects of his obligations
and contracts
- “The mass of precepts which determine and regulate
the relations of assistance, authority and obedience
among the members of a family, and those which
exist among members of a society for the protection
of private interests.” (Sanchez Roman)
CIVIL CODE
- RA 386
- “unless otherwise provided”
- Law provides for its own date of effectivity
RA xxx was signed into law on 30 July 2017; it was published
on 12 August 2017.
- Effective on 28 August 2017
- For effectivity of laws, holidays do no matter
RA xxx was signed into law on 10 July 2017, the effectivity
clause states: “This law shall be published for 2 consecutive
weeks in a newspaper of general circulation. It was published
on 15 July and 20 July 2017

Art. 1. This Act shall be known as the "Civil Code of the - Effective on 5 august 2017
Philippines." RA xxx was signed into law on 15 July 2017, the effectivity
Sources clause states: “This Act shall take effect on 1 August 2017.” It
was published on 25 July 2017
a. Civil code of 1889 (Spanish Civil Code)
b. Codes, laws and judicial decisions, as well as the - Effective on 1 August 2017
works of jurists of other countries RA xxx was signed into law on 5 July 2017; the effectivity
c. Jurisprudence clause states: “This Act shall take effect one month after its
d. Filipino customs and traditions publication in a newspaper of general circulation. It was
e. Philippine statutes published on 25 July 2017
f. Code commission itself
- Effective on 24 August 2017
PHYSICAL/MECHANICAL COMPOSITION
Computation of Time/Period
- 2, 270 articles divided into 4 books
Art. 13. When the law speak of year, months, days or
DATE OF EFFECTIVITY nights, it shall be understood that years are of three
hundred sixty-five days each; months, of thirty days; days,
- Art 2 xxx This code shall take effect one year after
of twenty-four hours; and nights from sunset to sunrise.
such publication
- August 30, 1950 (Lara v Del Rosario, G.R. No. L-6339) If the months are designated by their name, they shall be
computed by the number of days which they respectively
EFFECT AND APPLICATION OF LAWS
have.
Art. 2, CC as amended by EO No. 200
In computing a period, the first day shall be excluded, and
Laws shall take effect after fifteen days following the the last day included.
completion of their publication either in the Official
- First day shall be excluded, and the last day included
Gazette or in a newspaper of general circulation in the
- Periods:
Philippines, unless it is otherwise provided.
o Day = 24 hours
Date of Effectivity o Night = sunset to sunrise
o Month = 30 days
When do laws become effective?
Except: when designated by its name
General rule
o Year = 12 calendar months (EO 292)
- If there is no date specified for its effectivity, after 15
days following the completion of their publication in Calendar month

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Persons and Family Relations – Atty. Sindayen-Libiran
 “A calendar month is a month
designated in the calendar without
regard to the number of days it may
contain. It is the period of time
running from the beginning of a
certain numbered day up to, but not
including, the corresponding
numbered day of the next month,
and if there is not a sufficient
number of days in the next month,
then up to and including the last day
of that month.” (CIR v Primetown,
G.R. No. 162155)
Order of the court dated 15 July 2017 “The parties have one
month from today to file their respective memoranda.” Order
was received by party X on 21 July 2017
- Due on 18 August 2017
Order of the court date 19 July 2017 “The plaintiff has one
month from notice to file his comment and/or opposition to
the defendant’s motion.” Order was received on 24 July 2017
- Due on 23 August 2017
Order of the court dated 1 August 2017 “The plaintiff has 15
days from notice to file the comment and/or opposition to the
defendant’s motion.” Order was received on 11 August 2017
- Due on 29 August 2017
Rule 22 Computation of time
Sec. 1 How to compute time
In computing any period of time prescribed or allowed by
these Rules, or by order of the court, or by any applicable
statute, the day of the act or event from which the designated
period of time begins to run is to be excluded and the date of
performance included. If the last day of the period, as thus
computed, falls on a Saturday a Sunday, or a legal holiday in
the place where the court sits, the time shall not run until the
next working day.
Publication
- “The term "publication" in such clause should be
given the ordinary accepted meaning, that is, to make
known to the people in general.” (People v Veridano
II, G.R. No. L-62243)
Object/purpose:
- Without such notice and publication, there would be
no basis for the application of the maxim “ignoratia
legis non excusat”
- “Publication is a necessary component of procedural
due process to give as wide publicity as possible so
that all persons having an interest in the proceedings
may be notified thereof. The requirement of
publication is intended to satisfy the basic
requirement of due process. It is imperative for it will
be the height of injustice to punish or otherwise
burden a citizen for the transgressions of a law or
rule of which he had no notice whatsoever. “(Arroyo
v Department of Justice, G.R. No. 199082)
Effect of failure to publish
- Laws shall have no force and effect
What laws should be published?
- “We hold therefore that all statutes, including those
of local application and private laws, shall be
published as a condition for their effectivity, which
shall begin fifteen days after publication unless a
different effectivity date is fixed by the legislature.
Covered by this rule are presidential decrees and
executive orders promulgated by the President in the
exercise of legislative powers whenever the same are
validly delegated by the legislature or, at present,
directly conferred by the Constitution.
Administrative rules and regulations must also be
published if their purpose is to enforce or implement
existing law pursuant also to a valid delegation.
Interpretative regulations and those merely internal
in nature, that is, regulating only the personnel of the
administrative agency and not the public, need not be
published. Neither is publication required of the so-
called letters of instructions issued by administrative
superiors concerning the rules or guidelines to be
followed by their subordinates in the performance of
their duties.
Accordingly, even the charter of a city must be
published notwithstanding that it applies to only a
portion of the national territory and directly affects
only the inhabitants of that place. All presidential
decrees must be published, including even, say, those
naming a public place after a favored individual or
exempting him from certain prohibitions or
requirements. The circulars issued by the Monetary
Board must be published if they are meant not merely
to interpret but to "fill in the details" of the Central
Bank Act which that body is supposed to enforce.”
(Tanada v Tuvera, G.R. No. L-63915)
What laws should not be published?
- Interpretative regulations
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Persons and Family Relations – Atty. Sindayen-Libiran
- Those mere internal in nature
- Letters on instructions
Why?
- “Executive Order No. 292, otherwise known as the
Administrative Code of 1987, reinforced the
requirement of publication and outlined the
procedure, as follows:
Sec. 3. Filing. (1) Every Agency shall file with the
University of the Philippines Law Center three (3)
Certified copies of every rule adopted by it. Rules in
force on the date of effectivity of this Code which are
not filed within three (3) months from that date shall
not thereafter be the basis of any sanction against any
party or persons.
(2) The Records Officer of the agency, or his
equivalent functionary, shall carry out the
requirements of this section under pain of
disciplinary action.
(3) A permanent register of all rules shall be kept by
the issuing agency and shall be open to public
inspection.
Sec. 4. Effectivity In addition to other rule-making
requirements provided by law not inconsistent with
this Book, each rule shall become effective fifteen
(15) days from the date of filing as above provided
unless a different date is fixed by law, or specified in
this rule.” (National Electrification Administration v
Gonzaga, G.R. No. 158761)
Where?
- Official Gazette
o The official journal and main publication of
the government of the Philippines
- Newspaper of general circulation
o Published for the dissemination of local
news and general information;
o Bona fide subscription list of paying
subscribers;
o Published at regular intervals;
o Not devoted to the interests or published for
the entertainment of a particular class,
profession, trade, calling, race or religious
denomination (Basa v Mercado, G.R. No. L-
42226)
Philippine Association of Service Exporters, Inc. v Torres, G.R.
No. 101279
- Due to rampant cases of negative treatment of OFW
in Hong Kong and in order to suppress, the DOLE,
through the POEA, decided to control agencies that
send OFWs to Hong Kong
- PASEI, questioned the validity of the actions of DOLE,
through POEA, on the grounds of lack of publication
- SC, the agencies have such power to impose such,
however, for laws to take effect, it must be published.
Noncompliance would render the law ineffective
National Electrification Administration v Gonzaga, G.R. No.
158761
- Gonzaga applied for the position of a Board of
Directions of ZAMZUERCO. However, his application
was disqualified on the ground that there was a law
that disqualifies applicants if his spouse is a member
of the Sangguniang Bayan
- The ECEC was an administrative law and as a rule
there must be publication and filing with the UP Law
Center
- There was filing with the UP Law Center, however
there was no publication
- SC, mere filing is not sufficient because you need to
comply with the publication requirement also
Association of Southern Tagalog Electric Cooperatives, Inc. v
Energy Regulatory Commission, G.R. No. 192117
Arroyo v Department of Justice, G.R. No. 199082
- Powers of the Joint Committee created by the
COMELEC and DOJ and the Rules of Procedure that
was supposed to be followed by the Joint Committee
- The first one was not published but it was still valid
because they were merely exercising their powers
that were already granted to them by law
- The Rules of Procedure was not valid because it
affected them internally and the public in general by
affecting the rights of the people and the remedies
they could avail of because in the Rules of Procedure
it says that once they have the report no other
complaints would be accommodated and you have a
Motion to Dismiss and Motion of Reconsideration as
remedies
Manila Public School Teachers Association v Garcia, G.R. No.
192708
- The regulations needed to be published because it
affected the members of the GSIS as well as the
benefits and the computation for the benefits and
loans of the members of the GSIS
Nagkakaisang Maralita ng Sitio Masigasig, Inc. v Military
Shrine Services v Department of National Defense
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Persons and Family Relations – Atty. Sindayen-Libiran
- Written addendum was not published, hence it
cannot be effective
Presumption of Knowledge of the Law
- When there is publication, there is a conclusive
presumption that everyone knows what the law is
- If you wait for the time that everyone actually knows
that law, that day will never come
- To avoid an absurd situation where you punish only
the ones who know the law
Art. 3. Ignorance of the law excuses no one from
compliance therewith.
Ignorantia legis non excusat
Ignorance of law
- A claim that you do not know what the law is
- Not a valid defense
Ignorance/Mistake of fact
- An error that is not caused by the neglect of a legal
duty on the part of the person committing the error
but rather consists of an unconscious ignorance of a
past or present material event or circumstance or a
belief in the present existence of a material event that
does not exist or a belief in the past existence of a
material event that did not exist
- Mistaken belief that something exists, when in fact, it
does not; or that something does not exists, when in
fact, it does
- Valid defense
Scope
- Philippine laws
- Mandatory and prohibitory laws (D.M. Consuji, Inc. v
CA, G.R. No. 137873)
o Mandatory says this is what should be done
o Prohibitory says this is what should not be
done
o Permissive law is not covered by Art. 3
Foreign Laws
- Not covered by Art. 3
- No conclusive presumption of knowledge of foreign
laws
- Must be alleged and proved as matters of fact
- How to prove it (Sec. 24, Rule 132, Rules of Court)
o Official publication thereof or
o Copy attested by the officer having the legal
custody of the record, or by his deputy,
 If the record is not kept in the
Philippines
 With a certificate that such
officer has the custody
 If the office in which the record is
kept is in foreign country, the
certificate may be made by
 Secretary of the embassy or
legation,
 Consul general,
 Consul,
 Vice consul, or
 Consular agent or
 By any officer in the foreign
service of the Philippines
stationed in the foreign
country in which the record
is kept and authenticated
by the seal of his office
- “It is well settled that foreign laws do not prove
themselves in our jurisdiction and our courts are not
authorized to take judicial notice of them. Like any
other fact, they must be alleged and proved. To prove
a foreign law, the party invoking it must present a
copy thereof and comply with Sections 24 and 25 of
Rule 132 of the Revised Rules of Court xxx For a copy
of a foreign public document to be admissible, the
following requisites are mandatory: (1) it must be
attested by the officer having legal custody of the
records or by his deputy; and (2) it must be
accompanied by a certificate by a secretary of the
embassy or legation, consul general, consul, vice-
consular or consular agent or foreign service officer,
and with the seal of his office.” (Nedlloyd Lijnen B.V.
Rotterdam v Glow Laks Enterprises, Ltd., G.R. No.
156330)
o Present an expert
 Expert must testify in court in order
to ensure that the person is telling
the truth
 Testify on what these laws are being
alleged
- Failure to prove, processual presumption must apply
Processual Presumption
- Presumption of identity or similarity or presumed-
identity approach
- If a foreign law is not properly alleged and proved,
the presumption is that it is the same as the
Philippine laws
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Persons and Family Relations – Atty. Sindayen-Libiran
Nedlloyd Lijnen B.V. Rotterdam v Glow Laks Enterprises, Ltd.,
G.R. No. 156330
- Carriage of goods from Philippines to Panama
- Goods was supposed to be sent to a consignee in
Panama
- According to the shipper, the goods are supposed to
be released to the National Ports Authority under
Panamanian Laws
- The documents presented were not sufficient
- Processual presumption applies, apply the laws of
the Philippines
- Nedlloyd is liable
Del Socorro v Brinkman Van Wilsem, G.R. No. 193707
- Filipino married to a Dutch national
- Married in Netherlands, had a son, got divorced
- Filipino went back to the Philippines
- Dutch national went to the Philippines also but with
a new wife
- Filipino wife sued the Dutch national because he was
not giving support under RA 9262
- Under the laws of Netherlands, there is no obligation
to give support, then he cannot be liable to give
support
- They were supposed to apply the laws of Netherlands
but he was not able to prove it
- Apply Philippine laws
- Under the Family Code, there is an obligation of the
parent to give support
Wong Woo Yiu v Vivo, G.R. No. L-21076
- Perfecto Blas went to China and got married to Wong
Wong Yiu, a Chinese national
- Village leader solemnized the marriage in China
- Went to the Philippines
- Wong Woo Yiu was being deported
- Allegedly she was not validly married
- In alleging a valid marriage you need to prove
o The foreign law under which you got
married; and
o Prove that you got married in accordance
with that foreign law
- No proof of the Chinese law, under which they got
married
- Apply Philippine law under the doctrine of
processual presumption
- Formal requisites is the authority of the solemnizing
officer enumerated by the Family Code,
unfortunately, a village leader is not one of those
enumerated by the Family Code. Hence, no valid
marriage
Yao Kee v Sy Gonzales, G.R. No. L-55960
- Sy Kiat married to Yao Kee
- No solemnizing office because under Chinese
customs you can get married even without a
solemnizing officer
- Sy Kiat went to the Philippines and met Asuncion, and
were in a common law relationship with several
children
- Sy Kiat died
- Yao Kee claims to be the heir, including her children
- They presented certificate of registration to prove
her marriage
- Failed to present proof of the Chinese customs
- Apply Philippine laws, under the doctrine of
processual presumption
- Authority of the solemnizing officer, since it was
admitted that there was no solemnizing officer, the
marriage was not valid
Prospective & Retroactive Effect of Laws
Art. 4. Laws shall have no retroactive effect, unless the
contrary is provided.
Lex prospicit, non respicit
“Statutes are prospective and not retroactive in their
operation, they being the formulation of rules for the future,
not the past. Hence, the legal maxim lex de futuro, judex de
praeterito the law provides for the future, the judge for the
past, which is articulated in Article 4 of the Civil Code: Laws
shall have no retroactive effect, unless the contrary is
provided. The reason for the rule is the tendency of
retroactive legislation to be unjust and oppressive on account
of its liability to unsettle vested rights or disturb the legal
effect of prior transactions.” (Philippine Deposit Insurance
Corporation v Stockholders of Intercity Savings and Loan
Bank, Inc., G.R No. 181556)
Exceptions
1. Laws provide for their retroactivity
o The law itself expressly states that it will be
applied retroactively (e.g. Art. 256, Family
Code)
Except:
a. Retroactive of a penal statute will make it an
ex post facto law
Ex post facto law
If it punishes an act which was
innocent when done;
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Persons and Family Relations – Atty. Sindayen-Libiran

If it aggravates the crime; 6. Laws interpreting others

If it inflicts a greater penalty than
what the crime has at the time is
was committed; or
It changes the rules of evidence
which accepts less or different
testimony to convict the accused
b. Retroactive effect of the statute will impair
obligations and contracts
7. Laws which are emergency in nature and are
authorized by police power
o Meant to answer for contingencies
Mandatory & Prohibitory Laws
Art. 5. Acts executed against the provisions of mandatory
or prohibitory laws shall be void, except when the law
itself authorized their validity.
Prohibitory

An obligation is impaired if it changes - Prescribes what should not be done

the intentions of the parties in a
particular contract Mandatory

Except: - Prescribes what should be done

a. Exercise of police power Both must be complied with

b. Impair vested right Effect of violation
A vested right is one that is absolute, - Act shall be void
complete and unconditional. Its
existence does not depend on a Exceptions
contingency
1. Law itself authorizes the validity of the act
2. Penal Statute (Art. 22, Revised Penal Code) 2. Law makes the act merely voidable and not void at
Requisites: the instance of the victim
o Favorable to the accused 3. Law itself authorizes its validity, but punishes the
o Accused not a habitual criminal (Art. 62 [5], violator
Revised Penal Code) 4. The law declares the act as void, but recognized legal
3. Procedural or Remedial Law effects arising therefrom
o “The reason is that a remedial statute or a
Substantive Law
statute relating to remedies or modes of
procedure does not create new rights or take - Creates, defines and regulates a right
away vested rights but only operates in
furtherance of the remedy or the Remedial Law
confirmation of already existing rights. A
- Provides the manner of enforcement of rights or
statute or rule regulating the procedure of
obtaining redress for grievances
the courts will be construed as applicable to
actions pending and undetermined at the Waiver of Rights
time of its passage. All procedural laws are
retroactive in that sense and to that extent. Art. 6. Rights may be waived, unless the waiver is
The retroactive application is not violative of contrary to law, public order, public policy, morals, or
any right of a person who may feel adversely good customs or prejudicial to a third person with a right
affected, for, verily, no vested right generally recognized by law.
attaches to or arises from procedural laws.” Right (Jus)
(Dacudao v Secretary of Justice, G.R No.
188056) - Power or privilege to one person and as a rule
o Case must be pending demandable of another
4. Laws creating new rights - Legally enforceable claim of one person against
o Should not impair vested rights another, that the other shall do a given act, or shall
5. Curative statutes not do a given act
o Cure discrepancies of the law
Kinds
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Persons and Family Relations – Atty. Sindayen-Libiran
1. Political
o Involved in the administration or
enforcement of the government
2. Civil
o All other rights
3. Real (Jus in re/jus in rem)
o Enforceable against the whole word
4. Personal (Jus in personam/jus ad rem)
o Enforceable against a particular person
Difference of right and obligation
- The choice to enforce or exercise your right
Waiver
- You choose not to enforce your right
- Voluntary relinquishment of a known right with both
knowledge of its existences and an intention to
relinquish it
- “A voluntary and intentional relinquishment or
abandonment of a known existing legal right,
advantage, benefit, claim or privilege, which except
for such waiver the party would have enjoyed; the
voluntary abandonment or surrender, by a capable
person, of a right known by him to exist, with the
intent that such right shall be surrendered and such
person forever deprived of its benefit; or such
conduct as warrants an inference of the
relinquishment of such right; or the intentional doing
of an act inconsistent with claiming it.” (Mabugay-
Otamis v Republic, G.R. No. 189516)
- “As to what rights and privileges may be waived, the
authority is settled: x x x the doctrine of waiver
extends to rights and privileges of any character, and,
since the word waiver covers every conceivable right,
it is the general rule that a person may waive any
matter which affects his property, and any alienable
right or privilege of which he is the owner or which
belongs to him or to which he is legally entitled,
whether secured by contract, conferred with statute,
or guaranteed by constitution, provided such rights
and privileges rest in the individual, are intended for
his sole benefit, do not infringe on the rights of others,
and further provided the waiver of the right or
privilege is not forbidden by law, and does not
contravene public policy, xxx” (F.F. Cruz & Co., Inc. v
HR Construction Corp., G.R. No. 187521, Mabugay-
Otamis v Republic, G.R. No. 189516)
- You can waive any right but it is subject to the
limitations given by Art. 6
Requisites of a valid waiver
1. Person making the waiver must have the right he is
waiving
2. He must have the capacity to make the waiver
o Intelligently and voluntarily made
3. Waiver must be made in a clear and unequivocal
manner
o Express – in writing
o Implied – deduced from the actions of the
person
4. Waiver must not be contrary to law, public order,
public policy, morals or good customs or not
prejudicial to a third person with a right recognized
by law
5. If required, formalities must be complied with
o People v Morial, G.R. No. 129295
Guy v CA, G.R. No. 163707
Release & Waiver of Claim
"In this case, we find that there was no waiver of hereditary
rights. The Release and Waiver of Claim does not state with
clarity the purpose of its execution. It merely states that
Remedios received P300,000.00 and an educational plan for
her minor daughters by way of financial assistance and in full
settlement of any and all claims of whatsoever nature and
kind x x x against the estate of the late Rufino Guy Susim.”
- No valid waiver because no clear and unequivocal
waiver; no judicial approval of the waiver by the
mother; and no waiver of a known right
- Not yet proven that they were illegitimate children
How Laws Lose their Effectivity
Art. 7. xxx violation or non-observance shall not be
excused by disuse, or custom or practice to the contrary.
There must be a declaration of a competent authority before
the law ceases to be effective
1. Lapse of a law
o Self-lapsing laws
 Laws which provide for their
limited application – once the
period for their effectivity lapses,
they automatically become
ineffective without any need for
further legislative action
 E.g. General Appropriations Act
conducted yearly, Agrarian Reform
Law, not effective any more
2. Declaration of unconstitutionality
o Only the SC has the authority to declare a law
unconstitutional by majority vote of those
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Persons and Family Relations – Atty. Sindayen-Libiran

who actually took part in the deliberation cannot be logically or reasonably reconciled. (CIR v
and voted Primetown, G.R. No. 162155)
Art. VIII, Sec. 4 [2], 1987 Constitution o Cannot exist together

Constitution Effect of repeal of repealing law on law first repealed

Laws RA 1 RA 2 RA 3

Administrative, executive - Revive RA 1 if

acts, orders and expressly so
regulations Expressly
Repealed provided
repealed
o Traditionally, laws, before declared RA 2 - No express
RA 1
unconstitutional are null and void. However, provision: not
the SC has said that it is an inoperative act. revive RA 1
While the law is not being declared
unconstitutional would be effective, hence, Impliedly - Revive RA 1
acts done in violation of this law will be Repealed
repealed - Express provision:
RA 2
recognized RA 1 Not revive RA 1
o Administrative issuances, rules, regulations,
and acts, orders cannot change, amend, and
enlarge what is provided for by the law - Newer law will not always prevail because it would
3. Repeal depend if it is a general law or a special law
Kinds - General laws cannot repeal a special laws except
when the general law expressly provides that it
a. Express (e.g. Art. 254, FC) would repeal such general law or if there is
b. Implied (e.g. General repeal clauses; inconsistency and it cannot be reconciled because a
inconsistency with previous laws) special law is presumed to be with the intention of
the congress on a particular subject matter
Interpretare et concordare legibus est optimus interpretandi
Garcia v Sandiganbayan, G.R. No. 165835
- Every statute must be so interpreted and brought
into accord with other laws as to form a uniform Who can initiate?
system of jurisprudence
- RA 1379: Solicitor General
Implied repeal - PD 1486: Chief Special Prosecutor [Implied repeal]
- PD 1606, 1607: removed authority of CSP [repeal]
- Congress would find a way to harmonize the laws so
Solicitor General
that all can exist
- Power went back to the Solicitor General
- Why find a way to harmonize laws?
o Because it is presumed that when congress Who has jurisdiction?
comes up with a law, it was aware of
previous laws and they do not intend to - RA 1379: CFI (RTC)
revoke those previous laws - PD 1486: SB [Implied repeal]
o Magkalas v NHA, G.R. No. 138823 - PD 1606, RA 8249, BP 129: SB
 If you try to read all the laws they Judicial Application and Interpretation of Laws
were still talking about the power of
the NHA Jurisprudence
 The laws provide for different
instances when that power can be Art. 8. Judicial decisions applying or interpreting the laws
exercised or the Constitution shall form a part of the legal system of
- Test: whether the subsequent law encompasses the Philippines
entirely the subject matter of the former law and they - Jurisprudence would form as part of the law of the
land

9 | JBTK
Persons and Family Relations – Atty. Sindayen-Libiran
- Based on common law jurisdiction
- “[u]nder Article 8 of the Civil Code, 'judicial decisions
applying or interpreting the laws or the Constitution
shall form a part of the legal system of the
Philippines.' This does not mean, however, that
courts can create law. The courts exist for
interpreting the law, not for enacting it. To allow
otherwise would be violative of the principle of
separation of powers, inasmuch as the sole function
of our courts is to apply or interpret the laws,
particularly where gaps or lacunae exist or where
ambiguities becloud issues, but it will not arrogate
unto itself the task of legislating.” (Nagkakaisang
Maralita ng Sitio Masigasig, Inc. v Military Shrine, G.R.
No. 187587)
- Only the decision of the SC become part of the law of
the land and become binding upon all lower courts
and SC itself
Doctrine of Stare Decisis
- Stare decisis non quieta movere (stand by the thing
and do not disturb the calm or follow precedents and
do not disturb what has been settle)
- In subsequent cases, where you have similar factual
circumstances then the decision in the previous case
will have to be the same in subsequent cases
- Adherence to Precedents
o Once a question of law has been examined
and decided, it should be deemed settled and
closed to further argument
o When a court has laid down a principle of
law as applicable to a certain state of facts, it
will adhere to that principle and apply it to
all future cases in which the facts are
substantially the same
Ratio Decidendi
- Reason/rationale for the decision
- Doctrine or principle laid down by a particular
decision
- “xxx the focal point of stare decisis is the doctrine
created. The principle, entrenched under Article 8 of
the Civil Code, evokes the general rule that, for the
sake of certainty, a conclusion reached in one case
should be doctrinally applied to those that follow if
the facts are substantially the same, even though the
parties may be different. It proceeds from the first
principle of justice that, absent any powerful
countervailing considerations, like cases ought to be
decided alike. Thus, where the same questions
relating to the same event have been put forward by
the parties similarly situated as in a previous case
litigated and decided by a competent court, the rule
of stare decisis is a bar to any attempt to re-litigate
the same issue.” (Belgica v Executive Secretary
Ochoa, G.R. No. 208566)
Negros Navigations Co., v CA, G.R. No. 110398
- Collision of vessels
o Mecenes
o Filed by the victims of the tragedy
o There was a ruling already
o M/V DON JUAN was negligent
o Filed by another group of heirs claiming for
damages
- Cannot raise the issue if M/V DON JUAN was
negligent because it was already settled in another
case that it was negligent
- The M/V DON JUAN reasoned out that the damages to
be awarded should be the same as to the amount of
damages that was awarded in the previous case. The
SC has said that the similarity would end there
because there was difference in personal
circumstances
- Whatever the ruling in Mecenas it will be applied
- Apply stare decisis only if there is same factual
circumstances
Why adhere to stare decisis?
- To create stability in cases
Can the SC have a different ruling?
- Yes.
- Reason why SC have different rulings: because there
is changes in circumstances
- “xxx where the same questions relating to the same
event have been put forward by the parties similarly
situated as in a previous case litigated and decided by
a competent court, the rule of stare decisis is a bar to
any attempt to relitigate the same issue. The doctrine
has assumed such value in our judicial system that
the Court has ruled that "[a]bandonment thereof
must be based only on strong and compelling
reasons, otherwise, the becoming virtue of
predictability which is expected from this Court
would be immeasurably affected and the public's
confidence in the stability of the solemn
pronouncements diminished." Verily, only upon
showing that circumstances attendant in a particular
case override the great benefits derived by our
judicial system from the doctrine of stare decisis, can
the courts be justified in setting aside the same.”
10 | JBTK
Persons and Family Relations – Atty. Sindayen-Libiran
(Umali v The Judicial and Bar Council, G.R. No.
228628)
Belgica v Executive Secretary Ochoa, G.R. No. 208566
- Pork barrel was constitutional and should be decided
the same way as in previous cases
- SC says that they were wrong with what they decided
in the previous case, hence, the pork barrel is wrong
now unconstitutional because it gives congressmen
the power to decide how to spend the money and the
power should be left to Congress and it refers to a
body not to a specific person
- SC overturned previous decision
Umali v The Judicial and Bar Council, G.R. No. 228628
- The Judicial and Bar Council is composed of 7
members provided in the Constitution
- One member of Congress
- It was argued that since the Congress is composed to
2 houses then each house should be represented
- In a previous case the SC has discussed that if you
allow 2 representatives then it would violate the
Constitution
- SC did not see anything wrong with the previous
decision because it was in accordance with the
Constitution, hence, there is no reason for them not
to comply with stare decisis
Obiter Dictum
- Opinion expressed by the court upon some question
of law which is not necessary to the decision of the
case before it
- Not binding
- Not obligated to follow
- “A remark made, or opinion expressed, by a judge, in
his decision upon a cause by the way, that is,
incidentally or collaterally, and not directly upon the
question before him, or upon a point not necessarily
involved in the determination of the cause, or
introduced by way of illustration, or analogy or
argument. It does not embody the resolution or
determination of the court, and is made without
argument, or full consideration of the point. It lacks
the force of an adjudication, being a mere expression
of an opinion with no binding force for purposes of
res judicata.” (Dee v Harvest All Investment Limited,
G.R. No. 224834)
Ayala Corporation v Rosa-Diana Realty and Development
Corporation, G.R. No. 134284
- Contract of sale of a parcel of land with restrictions
- Rosa-Diana showed the plans to Ayala which was in
accordance with the restrictions unfortunately when
they filed for permits they showed different plans
which was not in accordance to the Deed of Sale
- Ayala wanted a notice of lis pendes but was denied
- There was a decision by the CA that Ayala was
estopped – was it the ratio decidendi?
- SC the statement was not needed in the decision
because it was resolving for a different matter hence
a mere obiter dictum and not binding
Villanueva v CA, G.R. No. 142947
- Statement of the CA that Villanueva is not the
offended party
- Not an obiter dictum because they were solving that
particular issue
Office of the Ombudsman v CA, G.R. No. 146486
- There was a disbarment case
- The reasoning was that there was a previous decision
that said that a deputy of the Ombudsman is an
impeachable officer hence, you cannot file a
disbarment case against him because that would be
circumventing
- Not applicable in the instant case because in previous
cases it was not resolving the issue of whether or not
a deputy of the Ombudsman is an impeachable officer
- Mere obiter dictum
Dee v Harvest All Investment Limited, G.R. No. 224834
- Stockholders filed a case against the board because
the board moved the schedule of general assembly of
stockholders to compel them to push through with
the scheduled general assembly
- They were questioning of the filing fees they paid
because it was based on the nature of the case which
was incapable of pecuniary estimation
- There was another case decided that if the case
pertains to intra corporate controversies then it is
incapable of pecuniary estimation and the basis for
the filing fees was supposed to be the value of the
shares of stocks but there was already an
administrative order that the filing fees was
supposed to be based on the properties of the
corporation
- That statement was an obiter dictum
- It was talking about a hypothetical situation
Law of the Case
11 | JBTK
Persons and Family Relations – Atty. Sindayen-Libiran
- Principle laid down in a particular case is applicable
only to that particular case and not applicable to
other cases
- “xxx when an appellate court passes on a question
and remands the case to the lower court for further
proceedings, the question there settled becomes the
law of the case upon subsequent appeal.” (Fulgencio
v NLRC, G.R. No. 141600)
- “The law of the case has been defined as the opinion
delivered on a former appeal. It means that whatever
is once irrevocably established as the controlling
legal rule or decision between the same parties in the
same case continues to be the law of the case, whether
correct on general principles or not, so long as the
facts on which such decision was predicated continue
to be the facts of the case before the court.”
(Philippine Ports Authority v Nasipit Integrated
Arrastre and Stevedoring Services, Inc., G.R No.
214864)
Duty of the Courts to Decide
- Courts are required to come up with a decision
- Courts cannot refuse to come up with a decision
- If the judge does not know what to do with the case,
he must come up with a decision
Art. 9. No judge or court shall decline to render judgment
by reason of the silence, obscurity or insufficiency of the
laws.
Apply the law
- Dura lex sed lex
- “Obedience to the rule of law forms the bedrock of
our system of justice. If judges, under the guise of
religious or political beliefs were allowed to roam
unrestricted beyond boundaries within which they
are required by law to exercise the duties of their
office, then law becomes meaningless. A government
of laws, not of men excludes the exercise of broad
discretionary powers by those acting under its
authority. Under this system, judges are guided by
the Rule of Law, and ought “to protect and enforce it
without fear or favor,” resist encroachments by
governments, political parties, or even the
interference of their own personal beliefs.” (People v
Veneracion, 249 SCRA 251)
Silence/obscurity/insufficiency of laws
- Use judicial aids
o Customs which are not contrary to law,
public order, public policy
 Customs
 Is a rule of conduct formed
by repetition of acts,
uniformity
 Proved as a facts
 Not contrary to law, public
order, public policy
 Custom propter legem
 Custom contra legem
 Plurality of acts
 Uniformity of acts
 Judicial intention is to make
a rule of sound conduct
 Continued practice
o Decisions of foreign and local courts on
similar cases
o Opinions of highly qualified writers or
professors
o Rules of statutory construction
o Principles laid down in analogous instances
o General principles of the natural moral law,
human law and equity
o Respect for human dignity and personality
o Do not apply to criminal cases
Equity in the Application of Law
Art. 10. In case of doubt in the interpretation or
application of laws, it is presumed that the lawmaking
body intended right and justice to prevail.
“Interpret not by the letter that killeth but by the spirit that
giveth life.”
General rule
- In case of doubt on how the law should be
interpreted, look at the intention of the congress
- Use and apply the words as it is written because it is
presumed that congress knew the meaning of the
words when they used it
- “xxx statutes are to be construed in the light of the
purposes to be achieved and the evils sought to be
remedied. Thus in construing a statute the reason for
its enactment should be kept in mind and the statute
should be construed with reference to the intended
scope and purpose. The court may consider the spirit
and reason of the statute, where a literal meaning
would lead to absurdity, contradiction, injustice, or
would defeat the clear purpose of the lawmakers.”
(Ursua v CA, G.R. No. 112170)
Application of Laws
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Persons and Family Relations – Atty. Sindayen-Libiran
Application of Penal laws, and Laws on Public Security and
Safety
Art. 14. Penal laws and those of public security and safety
shall be obligatory upon all who live or sojourn in the
Philippine territory, subject to the principles of public
international law and to treaty stipulations.
- Principle/Theory of Territoriality
o Philippine penal laws are applicable only
within the Philippine territory
- Principle/Theory of Generality
o As long as it is committed within the
Philippines you are governed by such
criminal law
Extent of Territory
- Art. 1. 1987 Constitution
The national territory comprises the
Philippine archipelago, with all the islands
and waters embraced therein, and all other
territories over which the Philippines has
sovereignty or jurisdiction, consisting of its
terrestrial, fluvial, and aerial domains,
including its territorial sea, the seabed, the
subsoil, the insular shelves, and other
submarine areas. The waters around,
between, and connecting the islands of the
archipelago, regardless of their breadth and
dimensions, form part of the internal waters
of the Philippines.
Exception:
- Extraterritoriality (Art. 2, RPC)
- Asaali v Commisioner of Customs
o From Borneo to Sulu
o Committed smuggling
o Why are they being sued in the Philippines
even if they were outside the Philippines?
Because the crime was committed on board
a Philippine ship
If ambassador committed crimes in the Philippines, they are
exempt from criminal jurisdiction by virtue of Public
International Law
If consul general of the US to the PH commits a crime in the
PH can he be sued?
- Yes. Immunity does not cover consul generals
If Filipino commits a crime on other country he will not be
criminally liable in the PH
Commits a crime in the US, can he be sued in the PH?
- It depends because he is an employee in the PH and
there is an exception that says if it is in relation of his
duties then even if the act is committed outside the
PH, he can be sued in the PH.
Ordinary Filipino goes to the US and commits a crime, can he
be sued in the PH?
- It depends on what crime was committed. If it is one
of those crimes contemplated in Art. 2 of the RPC,
then he can be sued in the PH
Application of Laws on Family Rights, and Duties, Status,
Condition, and Legal Capacity of Persons
Theories in Personal Law
- Domiciliary/Territoriality Theory
- Nationality/Citizenship Theory
o What we subscribe to
o Art. 15. Laws relating to family rights and
duties, or to the status, condition and
legal capacity of persons are binding
upon citizens of the Philippines, even
though living abroad.
o Art. 17. xxx Prohibitive laws concerning
persons, their acts or property, and those
which have, for their object, public order,
public policy and good customs shall not
be rendered ineffective by laws or
judgments promulgated, or by
determinations or conventions agreed
upon in a foreign country.
If 2 individuals are validly married under PH law, and goes to
the US and obtains a divorce. Under PH law, are they already
divorced?
- They remain married because they are Filipino
citizens and are governed by PH laws and in PH law
we do not have divorce and status family rights,
duties and conditions are governed by PH law.
Another reason is Art. 17, par. 3, the foreign judgment
cannot prevail because it is contrary to our public
policy
If 2 Filipino individuals got married in the US, can they
subsequently obtain a divorce in the US?
- No because they are governed by PH law, PH law does
not allow divorce and even if the US allows divorce,
Art. 17, par. 3, it cannot prevail because it is contrary
to our public policy
13 | JBTK
Persons and Family Relations – Atty. Sindayen-Libiran
If American citizens come to the PH for a vacation and decide
to get married under PH laws, what law would govern
whether or not they are capacitated to married each other?
- American laws because they are citizens under US
laws
If American citizens come to the PH for a vacation and decide
to get married under PH laws, and goes back to the US, can
they file for divorce?
- Yes because they are governed by American laws
If 12 year old Filipino citizen goes to another country and in
that country, 10 year olds can get married, can she validly get
married?
- No because she is governed by PH law
Validly married in the US and comes to the PH will they be
recognized as validly married?
- Yes because they are governed by their national law
Law on property
- Real property (Art. 415)
- Personal property (Art. 416, 417)
Art. 16. Real property as well as personal property is
subject to the law of the country where it is stipulated.
Principle of Lex Rei Sitae/Lex Situs
- Provides that property shall be governed by the law
of the place where it is situated
- Exceptions:
o Order of succession (Art. 12)
o Amount of successional rights (Art. 12)
o Intrinsic validity of the provisions of the will
(Art.12)
o Capacity to succeed (Art. 1039)
- What law is applicable?
o National law of the decedent
- The national law of the one who died shall govern
Miciano v Brimo, G.R. No. L-22595
“xxx although by law, I am a Turkish citizen, this citizenship
having been conferred upon me by conquest and not by free
choice, nor by nationality and, on the other hand, having
resided for a considerable length of time in the Philippine
Islands where I succeeded in acquiring all of the property that
I now possess, it is my wish that the distribution of my
property and everything in connection with this, my will, be
made and disposed of in accordance with the laws in force in
the Philippine islands, requesting all of my relatives to respect
this wish, otherwise, I annul and cancel beforehand whatever
disposition found in this will favorable to the person or
persons who fail to comply with this request.”
Renvoi
- Arises where our law refers a case to another country
for solution, but the law of that country refers it back
to our country
Single renvoi/Theory of acceptance of renvoi/Remission
- Reference is made back to the law of the forum
- Aznar v Garcia, G.R. No. L-16749
Transmission
- Reference made to a third state
Forms, Solemnities of Contracts, and Wills: Extrinsic validity
Art. 17 (par. 1). The forms and solemnities of contracts,
wills, and other public instruments shall be governed by
the laws of the country in which they are executed.
Principle of Lex Loci Celebrationes
- Matters bearing upon the execution and formal
validity of a contract or instrument and determine by
the law of the place where the contract is executed
- Laws of the country where it is executed would
govern
- Extrinsic validity is whether or not the requirements
of a contract is complied with
o How you execute the contract
o How you enter into a contract
o What is needed in order for you to have a
document or enter into a contract
- Intrinsic validity is the validity of the conditions of
the contract
- Formal requisites of a marriage is governed by Art.
17
o Authority of the solemnizing officer;
o A valid marriage license except in the cases
provided for in Chapter 2 of this Title; and
o A marriage ceremony which takes place with
the appearance of the contracting parties
before the solemnizing officer and their
personal declaration that they take each
other as husband and wife in the presence of
not less than two witnesses of legal age.
- Essential requisites of a marriage is governed by Art.
15
o Legal capacity of the contracting parties who
must be a male and a female; and
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Persons and Family Relations – Atty. Sindayen-Libiran
o Consent freely given in the presence of the
solemnizing officer.
If 2 Filipinos goes to another country to get married and
where proxy marriage is allowed, is the marriage valid?
- Yes. Because a marriage ceremony is only a formal
requisite of a valid marriage, and forms and
solemnities are governed by the laws of the country
in which they are executed.
If a person executes a will by videotaping himself. In the PH, a
will should be in writing. Is his will valid?
- Yes because it talks about the extrinsic validity of the
will hence Art. 17 would govern
If he puts in his will that all his properties would be given to
charity and none to his children
- PH law would govern because it looks into the
intrinsic validity of the provisions of the will
What law shall govern the intrinsic validity of contracts?
- Lex contractus or “proper law of the contract”
o Lex loci voluntatis
 Law voluntarily agreed upon by the
parties
o Lex loci intentionis
 Law intended by the parties either
expressly or implicitly
- Law of the state that “has the most significant
relationship to the transaction and the parties”.
- Lex loci solutionis
o Law of the place of performance
- Philippine Export and Foreign Load Guarantee
Corporation v V.P. Eusebio Construction, Inc., G.R. No.
140047
Industrial Personnel and Management Services, Inc. (IPAMS)
v De Vera. G.R. No. 205703
- Can you apply OFW employment contracts executed
in the PH?
o Yes.
Art. 18. In matters which are governed by the Code of
Commerce and special laws, their deficiency shall be
supplied by the provisions of this Code.
HUMAN RELATIONS
Principle of Abuse of Rights
Art. 19. Every person must, in the exercise of his rights
and in the performance of his duties, act with justice, give
everyone his due, and observe honesty and good faith.
- Needs to be correlated to Art. 20 or Art. 21 because it
the two articles that provides for the remedy or
damages
Standards or norms of human conduct
Globe Mackay Cable and Radio Corporation v CA, G.R. No.
81262
- “This article, known to contain what is commonly
referred to as the principle of abuse of rights, sets
certain standards which must be observed not only
in the exercise of one's rights but also in the
performance of one's duties. These standards are the
following: to act with justice; to give everyone his
due; and to observe honesty and good faith. The law,
therefore, recognizes a primordial limitation on all
rights; that in their exercise, the norms of human
conduct set forth in Article 19 must be observed. A
right, though by itself legal because recognized or
granted by law as such, may nevertheless become the
source of some illegality. When a right is exercised in
a manner which does not conform with the norms
enshrined in Article 19 and results in damage to
another, a legal wrong is thereby committed for
which the wrongdoer must be held responsible. But
while Article 19 lays down a rule of conduct for the
government of human relations and for the
maintenance of social order, it does not provide a
remedy for its violation. Generally, an action for
damages under either Article 20 or Article 21 would
be proper.”
Theory/Principle of Abuse of Rights
- Rights must never be abused; the moment they are
abused, they cease to be rights
- Used to refer to acts performed which are not
necessarily illegal but nevertheless makes the actor
liable for damages, if in so acting or exercising his
right, his purpose is to prejudice or injure another
Elements of Abuse of Rights
- There is a legal right or duty
- Which is exercised in bad faith
- For the sole intent of prejudicing or injuring another
Damnum Absque Injuria
- Loss or damage without injury
15 | JBTK
Persons and Family Relations – Atty. Sindayen-Libiran
o Under this principle, the legitimate exercise
of a person’s rights, even if it causes loss to
another, does not automatically result in an
actionable injury
- Damage
o Loss, hurt or harm which results from the
injury
o Recompense or compensation awarded for
the damage suffered
- Injury
o Illegal invasion of a legal right
- In order to be awarded with damages under this
principle, the act done to you must not only be hurtful
but also wrongful
Damages (MENTAL/MANTLE)
- Actual
o Damage suffered that is quantifiable
- Temperate
o Cannot prove exact amount
- Moral
o Suffered besmirched reputation, sleepless
nights, humiliation, anger, embarrassment
- Exemplary
o Additional damages given by the court so
that other people would not imitate the act
- Liquidated
o Presupposes that there is an agreement
between the parties
- Nominal
o Damage of last resort
o Awarded when you can prove that there is a
violation of a right
Custodio v CA, G.R. No. 116100
- The principle of damnum absque injuria was applied
because the owners acted within their rights when
they put up the fence
Equitable Banking Corporation v Calderon, G.R. No. 156168
- There was a stipulation that the bank can suspend
credit card privileges without prior notice if he
exceeds the credit card limit
- Calderon went beyond the limit and the bank
suspended his credit card privileges
- Since Calderon signed it, then he is bound by that
agreement and cannot claim for suspension of credit
card privileges
Carbonell v Metropolitan Bank and Trust Company, G.R. No.
178467
- Bank had the obligation that the money they release
is not fake
- SC found that they performed everything in their
power to make sure that that particular note is not
fake, unfortunately it was fake, even the Bangko
Central ng Pilipinas had a hard time in determining
whether or not it was fake
- In this case, there was no bad faith on the part of the
bank, and they did not act negligently and they
performed their duties, then they cannot be held
liable even if the spouses suffered humiliation
The Orchard Golf & Country Club v Calderon, G.R. No. 178467
- Their membership was suspended and their friends
were not talking to them anymore
- SC, they are not liable for damages, because they were
the ones who violated the rules of the club so the club
had every reason to suspend their membership
Volenti Non Fit Injuria
- A person voluntarily opens himself to risk of being
hurt or harmed, then he has no one to blame but
himself
- To which a person assents is not esteemed in law as
injury
- “Refers to self-inflicted or to the consent to which
precludes the recovery of damages by one who has
knowingly and voluntarily exposed himself to
danger, even if he is no negligent in doing so.” (Hotel
Nikko v Reyes, G.R. No. 154259)
Liability Ex-Maleficio or Ex-Delicto
Art. 20. Every person who, contrary to law, willfully or
negligently causes damage to another, shall indemnify
the latter for the same.
Manuel v People of the Philippines, G.R. No. 165842
- He made a woman believe that he was single, and it
was unlawful because he was married and he did not
get a petition for the presumptive death of his first
wife before entering into the subsequent marriage
- There was no penal law that would dictate what the
offended party would get for the injury suffered
- SC, they referred the article of moral damages and
under it, it referred back to Art. 20
Acts contra bonos mores
Art. 21. Any person who willfully causes loss or injury to
another in a manner that is contrary to morals, good
customs or public policy shall compensate the latter for
the damage.
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Persons and Family Relations – Atty. Sindayen-Libiran
Pe v Pe, G.R. No. L-17396
- Instead of doing good to the family, he seduced the
daughter and it was against the customs of us
Filipinos and more importantly he was a married
man
- There was no law punishing it, however it was one
contrary to our customs hence, he is liable for
damages to the injury suffered by the family
Art 20 Art 21
Act is contrary to words,
Act is contrary to law good customs and public
policy
Act is done either willfully
Act is done willfully
or negligently
Breach of promise to marry
- Even if it was hurtful it is not wrongful
- General rule
o Breach of promise to marry is not an
actionable wrong
- Exceptions (liable for damages)
o Incurred expenses for the preparation of the
wedding (Wassmer v Velez, G.R. No. L-
20089)
o Seduction as defined in the RPC
(Hermosisima v CA, G.R. No. L-14628)
o Moral seduction (Gashem Shookat Baksh v
CA, G.R. No. 97336)
o Act is contrary to morals, good customs and
public policy (Art. 21)
Unjust Enrichment
- “Unjust enrichment is a term used to depict result or
effect of failure to make remuneration of or for
property or benefits received under circumstances
that give rise to legal or equitable obligation to
account for them.” (Shinryo (Philippines) Company,
Inc. v RRN Inc., G.R. No. 172525)
- “[t]here is unjust enrichment when a person unjustly
retains a benefit to the loss of another, or when a
person retains money or property of another against
the fundamental principles of justice, equity and good
conscience.” (Car Cool Philippines, Inc. v USHIO
Realty and Development Corporation, G.R. No.
138088)
- “Enrichment of the defendant consists in every
patrimonial, physical, or moral advantage, so long as
it is appreciable in money. It may consist of some
positive pecuniary value incorporated into the
patrimony of the defendant, such as: (1) the
enjoyment of a thing belonging to the plaintiff; (2) the
benefits from service rendered by the plaintiff to the
defendant; (3) the acquisition of a right, whether real
or personal; (4) the increase of value of property of
the defendant; (5) the improvement of a right of the
defendant, such as the acquisition of a right of
preference; (6) the recognition of the existence of a
right in the defendant; and (7) the improvement of
the conditions of life of the defendant.” (Elegir v
Philippine Airlines, G.R. No. 181995)
Art. 22. Every person who through an act of performance
by another, or any other means, acquires or comes into
possession of something at the expense of the latter
without just or legal ground, shall return the same to him.
- No man ought to be made rich out of another’s injury
(Hulst v PR Builders, Inc., G.R. No. 156364)
- No person should unjustly enrich himself at the
expense of another (Beumer v Amores, G.R. No.
19570)
Accion in rem verso Solutio indebiti
Not necessary that payment
Payment was made by
be made by mistake; may
mistake, mistake is an
be made knowingly and
essential element
voluntarily
- Duty to return what was acquired unjustly or illegally
Accion in rem verso
- Action for recovery of what has been paid or
delivered without just cause or legal grounds
- Requirements
o Defendant has been enriched
o Plaintiff has suffered loss
o Enrichment is without just or legal ground
o Plaintiff has no other action based on a
contract, quasi-contract, crime or quasi-
delict (Shinryo (Phlippines) Company, Inc. v
RRN Inc., G.R. No. 172525)
- An auxiliary action
o Cannot be availed if a person has some other
remedy based on contract, quasi-contract,
crime or quasi-delict
Shinryo (Philippines) Company, Inc. v RRN Inc., G.R. No.
172525
- Cannot avail accion in rem verso because it cannot be
shown that there was unjust enrichment and there
was a contract between the parties. If there was a
contract between the parties then they can choose to
enforce the contract first
17 | JBTK
Persons and Family Relations – Atty. Sindayen-Libiran
Car Cool Philippines, Inc. v USHIO Realty and Development
Corporation, G.R. No. 13808
- No unjust enrichment if the house would be collected
because USHIO was already the owner of the
property and an owner of the property has the right
to use his own property
- Another person was using the premises so it
deprived the owner of the property with the use of
the premises, therefore, the owner suffered loss
because of non-use of the property and he has no
right over the property because the lease has already
expired and has extended benefits from the
continued use of the property
- Liable to the owner for compensation
Elegir v Philippine Airlines, G.R. No. 181995
- PAL was the one who spent for his training, then PAL
should be compensated
Null and void contract
- General rule
o Cannot benefit anything
o Constitutional provision
Beumer v Amores, G.R. No. 19570
- Contract entered into was an acquisition of property
which was in violation of a constitutional provision
- Since there was a constitutional prohibition, then you
cannot invoke unjust enrichment in order to get back
what you have paid in acquiring such property
Hulst v PR Builders, Inc., G.R. No. 156364
- Hulst was allowed to recover what he has paid
because the contract was not a contract of sale but a
contract to sell
- Ownership was not yet transferred to the foreign
national
- Since the evil sought to be avoided was not yet
present, then they can recover what they have paid
- Only allowed to recover what they have paid, not
interest and damages, because they cannot benefit
from a void contract
Gonzalo v Tarnate, G.R. No. 160600
- When you enter into a contract with the government
you cannot enter it into a subcontract without the
approval, in this case, DPWH
- He entered into a contract with DPWH and he
subcontracted it and agreed that he would give 10%
of it to the subcontractor
- SC, those two contracts are null and void
- The contract was only against the law, not against the
Constitution
- The party has already performed his obligations
under the void contract
- If the contractor was allowed not to pay that person,
then he would be unjustly enriched
- There is no other recourse but to allow the person to
recover
Art. 23. Even when an act or event causing damage to
another's property was not due to the fault or negligence
of the defendant, the latter shall be liable for indemnity if
through the act or event he was benefited.
- You did not do anything, and yet you are liable for
damages because you benefited from the loss of
another individual
Parens Patriae Doctrine
Art. 24. In all contractual, property or other relations,
when one of the parties is at a disadvantage on account of
his moral dependence, ignorance, indigence, mental
weakness, tender age or other handicap, the courts must
be vigilant for his protection.
Parens patriae
- Refers to the sovereign power of the state in
safeguarding the rights of persons under disability
- In all contractual, property or other relations, when
one of the parties is at a disadvantage on account of
his moral dependence, ignorance, indigence, metal
weakness, tender age or other handicap, the courts
must be vigilant for his protection
- In accordance with the principle of social justice
Valenzuela v CA, G.R. No. 142947
- Between an illiterate man and a bank
- The courts chose to protect the illiterate man
Thoughtless Extravagance
Art. 25. Thoughtless extravagance in expenses for
pleasure or display during a period of acute public want
or emergency may be stopped by order of the courts at
the instance of any government or private charitable
institution.
- Prohibition against thoughtless extravagance
Requirements for filing actions to stop thoughtless
extravagance
- There is thoughtless extravagance in expenses
18 | JBTK
Persons and Family Relations – Atty. Sindayen-Libiran
- Extravagance is for pleasure or display
- There is a period of acute public want or emergency
- Case is filed in court by a governmental or private
charitable institution
Right to Privacy
Art. 26. Every person shall respect the dignity,
personality, privacy and peace of mind of his neighbors
and other persons. The following and similar acts, though
they may not constitute a criminal offense, shall produce
a cause of action for damages, prevention and other
relief:
(1) Prying into the privacy of another's residence;
(2) Meddling with or disturbing the private life or
family relations of another;
(3) Intriguing to cause another to be alienated from his
friends;
(4) Vexing or humiliating another on account of his
religious beliefs, lowly station in life, place of birth,
physical defect, or other personal condition.
Concepcion v CA, G.R. No. 120706
- The act of Rodrigo was not covered by any of the four
above
- However, Art. 26 says that “The following and similar
acts”
- SC, with the use of that phrase, they deemed it proper
not to limit it to the four
- Any other acts that is analogous to it can be used as a
basis for damages
- Rodrigo used scandalous, incriminating, insulting
words against another person
Padalhin v Lavina, G.R. No. 183026
- His intention was to report the person who was
committing an illegal act
- He may have had a noble intention but it cannot save
him from liability for damages
- Good faith will not save you as long as you violated
the constitutional right of the person to privacy
Non-feasance
Art. 27. Any person suffering material or moral loss
because a public servant or employee refuses or neglects,
without just cause, to perform his official duty may file an
action for damages and other relief against he latter,
without prejudice to any disciplinary administrative
action that may be taken.
- Covers only ministerial acts not discretionary acts
Non-feasance
- Refusal or neglect without just cause to perform
Misfeasance
- Improper doing of an act which a person might
lawfully do
Malfeasance
- Doing of an act which a person ought not to do at all
Requirements for liability (non-feasance)
1. A public servant or employee refuses or neglects to
perform his official duty;
2. There is no valid reason for the refusal or neglect to
perform official duty; and
3. Injury or damage is suffered
Philex Mining Corp. v Commissioner of Internal Revenue, G.R.
No. 125704
- What was supposed to be done was to refund the
taxes paid
- Because of their inaction for several years, there was
willful and deliberate inaction by the BIR, they should
be liable to damages because such deliberate inaction
was negligence
Unfair Competition
Art. 28. Unfair competition in agricultural, commercial or
industrial enterprises or in labor through the use of force,
intimidation, deceit, machination or any other unjust,
oppressive or highhanded method shall give rise to a
right of action by the person who thereby suffers damage.
“The concept of "unfair competition "under Article 28 is very
much broader than that covered by intellectual property laws.
Under the present article, which follows the extended concept
of "unfair competition" in American jurisdictions, the term
covers even cases of discovery of trade secrets of a
competitor, bribery of his employees, misrepresentation of all
kinds, interference with the fulfillment of a competitor’s
contracts, or any malicious interference with the latter’s
business.
xxx
xxx it is clear that what is being sought to be prevented is not
competition per se but the use of unjust, oppressive or high-
handed methods which may deprive others of a fair chance to
engage in business or to earn a living. Plainly, what the law
prohibits is unfair competition and not competition where the
19 | JBTK
Persons and Family Relations – Atty. Sindayen-Libiran
means used are fair and legitimate.” (Willaware Products
Corporation v Jesichris Manufacturing Corporation, G.R. No.
195549)
“In order to qualify the competition as "unfair," it must have
two characteristics: (1) it must involve an injury to a
competitor or trade rival, and (2) it must involve acts which
are characterized as "contrary to good conscience," or
"shocking to judicial sensibilities," or otherwise unlawful; in
the language of our law, these include force, intimidation,
deceit, machination or any other unjust, oppressive or high-
handed method. The public injury or interest is a minor factor;
the essence of the matter appears to be a private wrong
perpetrated by unconscionable means.” (Willaware Products
Corporation v Jesichris Manufacturing Corporation, G.R. No.
195549)
Willaware Products Corporation v Jesichris Manufacturing
Corporation, G.R. No. 195549
- One corporation was engaged in the manufacturing
of plastic and automobile parts
- The other corporation was engaged in kitchenware
- Willaware employed the employees of the other
corporation and took the clients of the other
corporation and copied exactly the automobile parts
Action for Damages
- Obligation of an individual to compensate another
person
Obligation
- Art. 1156. An obligation is a juridical necessity to
give, to do or not to do.
Sources of Obligation
- Art. 1157. Obligations arise from:
(1) Law;
(2) Contracts;
(3) Quasi-contracts;
(4) Acts or omissions punished by law; and
(5) Quasi-delicts
Cancio, Jr. v Isip, G.R. No. 133978
- Sued for BP 22
- Got sued again under a contract
- The fact that she issued the check without any money
is a crime
- Because the check bounced she did not do her
obligation under the contract
- Single act arose to two sources of obligations
Taxi driver, owner, and passenger
- Taxi driver carried a passenger and drove 120 km/h
down Session Road and ran into a post
- Contract of common carriage
- Crime of reckless imprudence resulting to physical
injuries
- Who can you sue for the crime?
o The driver because he was the one who
committed the act or who performed the act
- Who can you sue for quasi-delict?
o Driver because he was the one who
performed the negligent act that resulted to
physical injury
o Owner because when you talk of common
carriage the employer is also liable based on
Art. 2180. The responsibility of the owner is
that he must employ only those qualified and
he must supervise his employees. Primary
liability
- Who can you sue for a contract?
o Owner, when you enter into a contract of
common carriage, the party you enter it into
is the owner
o He was supposed to bring you to your
destination but you were not brought safely
o Violation of contract
- If based on quasi-delict and contract, owner is
primarily liable
- If based on crime, owner is subsidiarily liable
You can file as many cases as you want because it arises from
different sources of obligation
The only limitation is the one embodied in Art. 2177 which
provides that you cannot collect twice
A single act or omission can give rise to several sources of
obligation
When you institute a criminal action, it is like your filing two
cases, one is the criminal aspect, and the other is the civil
aspect
- The criminal aspect is one that affects social order
against the State
- The civil aspect is for the offended party
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Persons and Family Relations – Atty. Sindayen-Libiran

Criminal actions with no civil aspect
- When there is no private offended party
- Those against the dangerous drugs act
- Treason, espionage
Criminal aspect needs proof beyond reasonable doubt
- Not absolute certainty but moral certainty such that
the evidence will produce conviction in an
unprejudiced mind
Civil aspects need preponderance evidence
- When offended party waives the civil action
- Then what you have only is the criminal aspect
Civil action arising from the crime
- Separate civil action
o Filed prior to the criminal action; or
o Reservation of right to file
 If no reservation is made, it is
deemed instituted with the criminal
action
o Waiver

- Evidence presented by the parties will be weighed If civil action was filed first, and subsequently the criminal
- Evidence of greater weight would prevail action is filed, then the civil action will be suspended.

Action for Damages Based on Crime/Delict - Civil action will only proceed if the criminal action is
done
Acquittal - You can move for the consolidation of the criminal
action
- If accused is acquitted in the criminal case, can there
still be liability or obligation to pay for damages? If there is a reservation, then you have to wait for the finality
o It depends. It would depend on the reason of the criminal action, before you can subsequently institute
for the acquittal. your civil action
Civil action can still be liable Cannot be liable Separate civil action
Guilt of the accused not Accused is not the author
proved beyond reasonable of the crime, acquittal is - Civil action suspended
doubt “guilt has not been based on pure innocence
Art. 30. When a separate civil action is brought to demand
satisfactorily established”
Liability of the accused is not Crime complained of does civil liability arising from a criminal offense, and no
criminal but only civil not exist criminal proceedings are instituted during the pendency
Civil liability does not arise of the civil case, a preponderance of evidence shall
from or is not based upon the likewise be sufficient to prove the act complained of.
criminal act of which the
Art. 35. When a person, claiming to be injured by a
accused was acquitted
criminal offense, charges another with the same, for
Estate of Poblador, Jr. v Manzano, G.R. No. 192391 which no independent civil action is granted in this Code
or any special law, but the justice of the peace finds no
- They were not able to establish misappropriation, an reasonable grounds to believe that a crime has been
element of estafa committed, or the prosecuting attorney refuses or fails to
- If you cannot prove the elements of the crime, then institute criminal proceedings, the complaint may bring a
there was no crime committed, and in the absence of civil action for damages against the alleged
the crime, there can be no civil liability to speak of offender. Such civil action may be supported by a
- Because the civil liability is one based on the crime or preponderance of evidence. Upon the defendant's
sourced from the crime motion, the court may require the plaintiff to file a bond
to indemnify the defendant in case the complaint should
Accused dies pendency of action be found to be malicious.
- Extinguishes both criminal and civil liability Independent Civil Liabilities
- The civil liability extinguished is the one arising from
the crime Independent Civil Action
- If there are several accused, it is only the liability of
the one who died is extinguished - One that is brought distinctly and separately from a
criminal case, and can proceed independently of the
When there can be no civil aspect despite the fact that there is criminal proceedings and regardless of the result of
a private offended party? the latter
21 | JBTK
Persons and Family Relations – Atty. Sindayen-Libiran
- Even if the source is a delict or crime, the Civil Code
allows an independent civil action based on Articles
32, 33, 34, and 2176
- If you have a pending criminal action, do you have to
make a reservation before you can file an
independent civil action?
o Since it is separate and distinct, there is no
need to make a reservation
Civil action based on other sources of obligations
Art. 31. When the civil action is based on an obligation not
arising from the act or omission complained of as a
felony, such civil action may proceed independently of
the criminal proceedings and regardless of the result of
the latter.
- If the civil action does not arise from the crime it can
proceed independently
When you talk about the death of the accused during the
pendency of the case, what will be extinguished is the criminal
liability and the civil liability arising from the crime. If the civil
liability arises from a different source of obligation, then you
can still avail the independent civil action
- Against whom?
o The estate if it is a money debt
- If personal injury
o Against the executor or administrator of the
estate
Civil action in defamation, fraud, physical injuries
Art. 33. In cases of defamation, fraud, and physical
injuries a civil action for damages, entirely separate and
distinct from the criminal action, may be brought by the
injured party. Such civil action shall proceed
independently of the criminal prosecution, and shall
require only a preponderance of evidence.
- To be understood in its generic term
Defamation
- Includes libel and slander
Physical injury
- Includes homicide, murder and parricide
Fraud
- Includes estafa
Civil action for violation of constitutional rights
Art. 32. Any public officer or employee, or any private
individual, who directly or indirectly obstructs, defeats,
violates or in any manner impedes or impairs any of the
following rights and liberties of another person shall be
liable to the latter for damages:
(1) Freedom of religion;
(2) Freedom of speech;
(3) Freedom to write for the press or to maintain a
periodical publication;
(4) Freedom from arbitrary or illegal detention;
(5) Freedom of suffrage;
(6) The right against deprivation of property without
due process of law;
(7) The right to a just compensation when private
property is taken for public use;
(8) The right to the equal protection of the laws;
(9) The right to be secure in one's person, house,
papers, and effects against unreasonable searches and
seizures;
(10) The liberty of abode and of changing the same;
(11) The privacy of communication and
correspondence;
(12) The right to become a member of associations or
societies for purposes not contrary to law;
(13) The right to take part in a peaceable assembly to
petition the government for redress of grievances;
(14) The right to be free from involuntary servitude in
any form;
(15) The right of the accused against excessive bail;
(16) The right of the accused to be heard by himself and
counsel, to be informed of the nature and cause of the
accusation against him, to have a speedy and public trial,
to meet the witnesses face to face, and to have
compulsory process to secure the attendance of witness
in his behalf;
(17) Freedom from being compelled to be a witness
against one's self, or from being forced to confess guilt, or
from being induced by a promise of immunity or reward
to make such confession, except when the person
confessing becomes a State witness;
22 | JBTK
Persons and Family Relations – Atty. Sindayen-Libiran

(18) Freedom from excessive fines, or cruel and for the damage done. Such fault or negligence, if there is
unusual punishment, unless the same is imposed or no pre-existing contractual relation between the parties,
inflicted in accordance with a statute which has not been is called a quasi-delict and is governed by the provisions
judicially declared unconstitutional; and of this Chapter.

(19) Freedom of access to the courts. Art. 2177. Responsibility for fault or negligence under the
preceding article is entirely separate and distinct from
Violation of Constitutional Rights and Liberties the civil liability arising from negligence under the Penal
- Directly or indirectly obstruct, defeat, violate or in Code. But the plaintiff cannot recover damages twice for
any manner impede or impair rights and liberties the same act or omission of the defendant.
- Bad faith is not required
Independent Action Dependent/Separate Civil Action
- Good faith is not a defense Not based on delict Based on delict
Cojuangco v CA, G.R. No. 119398 No reservation is Reservation is upon the
required discretion of the offended party
- Winning in the horse races were sequestered by the Can proceed Can proceed simultaneously with
PCGG without order from the court simultaneously and the criminal action ONLY when
- The person who did it was invoking good faith, but separately from the no waiver, reservation, or prior
good faith is not a defense if you violated a criminal action filing of the civil action is done
constitutional right; the right not to be deprived of regardless of the
outcome of the latter
property without due process of law
It may be filed before It may be filed prior to the
Who can be liable? the institution of the institution of the criminal action
criminal action and it but it will be suspended once the
- Public officer of employee cannot be suspended criminal action is instituted until
o Except when the latter is final judgment in the criminal
 Judges instituted action has been rendered
 Except
o Act amounts to a
crime
- Private individuals

Civil action against city or municipal police who refuses to

render aid or protection

Art. 34. When a member of a city or municipal police force

refuses or fails to render aid or protection to any person
in case of danger to life or property, such peace officer
shall be primarily liable for damages, and the city or
municipality shall be subsidiarily responsible therefor.
The civil action herein recognized shall be independent
of any criminal proceedings, and a preponderance of
evidence shall suffice to support such action.
- There is danger to the life or property of a person
- A member of the city or municipal police force who is
present in the scene refused or failed to render aid
and protection to the person
- Damages are caused either to the person and/or
property
- Principal liability: member of the police
- Subsidiary liability: city or municipality
Art. 2176. Whoever by act or omission causes damage to
another, there being fault or negligence, is obliged to pay
If passenger institutes a criminal case against the driver, does
he need to make a reservation before he can sue the owner of
the common carrier?
- No because it is based on some other obligation,
hence, it is an independent civil action
Does he need to wait for conviction of the accused in the
criminal case before he can sue the owner based on quasi-
delict?
- No because it is based on some other obligation,
hence, it is an independent civil action
- There is no need to wait for conviction of the accused
Is liability of the owner for a civil action, based on quasi-delict
dependent upon a finding of liability on the part of the driver
in the criminal action?
23 | JBTK
Persons and Family Relations – Atty. Sindayen-Libiran
- No because what you are enforcing is a quasi-delict
against the owner
- If the basis of liability is Art 2180 and that is either
negligence in the selection or supervision of his
employees
- It is independent, separate and distinct from the
criminal action
If the criminal case is still pending, the accused dies, can the
passenger still file a civil action?
- It depends if the civil action is based on the crime, he
cannot anymore because the death of the accused
extinguishes both the criminal and civil liability but if
the civil liability was based on some other source of
obligation, then he can still file
If the accused is acquitted on the criminal case, can you still
file a civil action?
- It depends on the reason for the acquittal if what you
are enforcing is the civil liability based on the crime
and if the civil aspect you are filing is not based on the
crime then, it does not matter if the accused is
acquitted because you can still enforce the obligation
based on some other source of obligation
If the accused is found liable for the crime and he has no
money to pay can you hold the employer liable to answer for
the damages? Should you sue the employer with the
employee?
- No because the in a criminal action, the only one you
can sue is the person who committed the act or
omission however, the employer is subsidiary liable
which means he can be made liable to pay for
damages when there is a finding of liability on the
part of the employee, if he cannot answer for his
obligation, then that is the time that you can run after
the employer
Can the employer ask for reimbursement from the employee?
- Yes because it is not the employer’s liability, it is the
liability of the employee
Can you file a case for quasi-delict against the employer
without suing the employee for anything?
- Yes because the source of liability is different from
the employee
If employer is made liable and he pays damages, can he ask for
reimbursement from the employee?
- No because what he is answering for is his own
negligent act and it is primary liability
Prejudicial Question
- “Prejudicial question has been defined to be that
which arises in a case, the resolution of which
(question) is a logical antecedent of the issue
involved in said case, and the cognizance of which
pertains to another tribunal.” (Merced v Diez, G.R. No.
L-15315)
- One based on a fact separate and distinct from the
crime but is so intimately connected with it that it
determines the guilt or innocence of the accused
- Would apply even if the case is pending in the same
court
Elements (Sec. 7, Rule 111, Rules on Criminal Procedure)
1. The previously instituted civil action involves an
issue similar or intimately related to the issue raised
in the subsequent criminal action, and
o When do you know if the issues are
intimately related?
 When the issue determines whether
or not the criminal case can proceed
2. The resolution of such issue determines whether or
not the criminal action may proceed
Suspension of criminal action
- File petition for suspension → office of the prosecutor
conducting preliminary investigation
- File petition for suspension → court at any time
before the prosecution rests
Domingo v Singson, G.R. No. 2033287
- Parents had a parcel of land
- Turns out that a deed of sale was executed in favor of
one of the children, and the child has already the title
in his favor
- The siblings filed a civil case for nullity of the sale
because the signatures of their parents as sellers
were forged
- While the case was pending a criminal case was filed
against the sibling, who had the title, for falsification
of the document for the forgery in the deed of sale,
estafa, and use of falsified documents
- The two cases pertain to the same thing and that is
the forgery of the signature of the parents in the deed
of sale
- The issue which was raised already in the civil action
would call for the determination of whether or not
the deed of sale was forged
- Because if they find out that the document was forged
then the sale is null and void
24 | JBTK
Persons and Family Relations – Atty. Sindayen-Libiran

- It is prejudicial because if it turns out that the sale Capacity to Act

was not forged, there is no use for the criminal case
- If the court in the civil action decides that it was not - Power to do acts with legal effect
falsified then the criminal case would have no leg to Juridical Capacity Capacity to Act
stand on Fitness to be the subject of Power to do acts with legal
legal relations effect
Is declaration for nullity of marriage a prejudicial question to
Passive Active
a case for concubinage?
Inherent in natural persons Merely acquired
- No because the requirement under the law is that a Lost through death and
marriage is presumed valid until it is declared null Lost only through death may be restricted by other
and void causes
Can exist without capacity Exists always with juridical
PERSONS AND CIVIL PERSONALITY to act capacity

Classes of persons
Person
- Any being, natural or artificial, capable of possessing
legal rights and obligations, or being subject of legal
relations
Natural/Physical Person
- Human beings
Judicial/Artificial Persons
- Created by law; artificial beings to which the law
grants a personality distinct and separate from each
individual member composing it and susceptible of
rights and obligations, or of being subject of legal
relations
- Stockholders are not the same as the corporation
- Corporation is given a separate and distinct
personality from the individuals that comprise them
- Sole proprietor is the same as the natural person who
owns the business
Civil Personality
- The quality of being a person; the aptitude of that
becoming the subject, active or passive, of rights and
obligation
Capacity
Art. 37. Juridical capacity, which is the fitness to be the
subject of legal relations, is inherent in every natural
person and is lost only through death. Capacity to act,
which is the power to do acts with legal effect, is acquired
and may be lost.
Juridical Capacity
- Fitness to be the subject of legal relations
If you are the recipient of a donation, then what you have is
juridical capacity. All that is required is juridical capacity
If you are the one donating, then what is required is not only
juridical capacity but that you must have capacity to act
A person may have juridical capacity to act but no capacity to
act
A person may have both juridical capacity and capacity to act
A 7 year old child has juridical capacity. A 7 year old child can
already inherit. If there is a will executed by his grandparents
and something is given to that child, that child can already be
a recipient to the testamentary disposition, but that same
child cannot yet dispose his property by means of a will
because he still lacks capacity to act
If below 18 years old
- Do not have capacity to act yet
- Need a guardian in order to dispose the property. If
you enter into a contract, then the contract you enter
into is a voidable contract because the capacity is still
restricted
Juridical Capacity + Capacity to Act = Full Civil Capacity
Natural Persons
- Starts at birth (Art. 40, 41)
- End at death (Art. 42)
Birth
When is a person considered born?
Art. 41. For civil purposes, the fetus is considered born if
it is alive at the time it is completely delivered from the
mother's womb. However, if the fetus had an intra-
uterine life of less than seven months, it is not deemed
born if it dies within twenty-four hours after its complete
delivery from the maternal womb.
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Persons and Family Relations – Atty. Sindayen-Libiran
- Intra-uterine life: 7 months or more
o Completely delivered from the mother’s
womb
- Intra-uterine life: less than 7 months
o Live for at least 24 hours after complete
delivery
If a child is with respirators, child is still considered born
because the law does not quality
Geluz v CA, 2 SCRA 801
- Wife had three abortions
- Husband was suing Geluz for damages because of the
death of the fetus
- Husband is not entitled to civil indemnity because
civil indemnity is premised on the fact that there was
a person who died
- The fetus was never born alive, then the fetus never
became a person. Since there is no person to speak of
then there is no right to life of a person
- Damages was given to the parents for their own
injury not for the death of the fetus
Presumptive Civil Personality
- A conceived child, although as yet, unborn, is given by
law provisional personality of its own for all
purposes favorable to it
Art. 40. Birth determines personality; but the conceived
child shall be considered born for all purposes that are
favorable to it, provided it be born later with the
conditions specified in the following article.
- If child is still in the womb, still unborn, and there is
an event or transaction which benefits the unborn
child, then he is considered as born
- The law gives the unborn child, in the meantime,
provisional personality, subject to that child being
born subsequently
If there is an unborn child and a rich grandfather, who would
like to donate something to the child. Can the child already be
a donor?
- No because the unborn child is not yet a person
however, since the donation is beneficial to the child,
then the law allows the donation to be valid once
accepted by the mother. Once the child is
subsequently born, then you have a perfectly valid
donation.
What if the child is subsequently not born alive?
- Then the donation made losses its effectivity because
there was no donor who was a person
- The mother cannot claim and get what was given to
the unborn child
Quimiguing v Icao, G.R. No. 26795
- Whether or not an unborn child is entitled to support
o Yes the child is already entitled to support
because it is beneficial to the child then it is
considered that the child has already been
conceived
When does civil personality start?
- From birth, however, there is a circumstance where
you have presumptive civil personality if it is
beneficial to the child
Restrictions or Modifications on Capacity to
Act/Incapacity
Art. 38. Minority, insanity or imbecility, the state of being
a deaf-mute, prodigality and civil interdiction are mere
restrictions on capacity to act, and do not exempt the
incapacitated person from certain obligations, as when
the latter arise from his acts or from property relations,
such as easements. (32a)
Art. 39. The following circumstances, among others,
modify or limit capacity to act: age, insanity, imbecility,
the state of being a deaf-mute, penalty, prodigality, family
relations, alienage, absence, insolvency and trusteeship.
The consequences of these circumstances are governed
in this Code, other codes, the Rules of Court, and in special
laws. Capacity to act is not limited on account of religious
belief or political opinion.
A married woman, twenty-one years of age or over, is
qualified for all acts of civil life, except in cases specified
by law
- Enumeration is not exclusive
Age
- Minority
o Art. 14, Family Code; Art. 797, Civil Code; Art.
1327[1], Civil Code
o Below 18
- Advanced age
o Does not incapacitate a person
o Deemed incapacitated if person can no
longer properly, intelligently and fairly
protect his property rights
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Persons and Family Relations – Atty. Sindayen-Libiran

Domingo v CA, G.R. No. 127540
- Old woman who disposed her properties and the
heirs was questioning the validity of the contract of
sale
- Sale was not valid
- Advanced age does not incapacitate a person
- The proof that the woman was no longer capacitated
o Played with her feces
- It shows that she was not in a proper state of mind
already at the time she entered into such contract
o To dispose of his property by an act inter
vivos
Prodigality
- Applicable in guardianship proceedings
- You cannot perform acts anymore
- Perform acts through the guardian
Family relations
- E.g. Art. 37, Family Code, Incestuous marriages

Mendezona v Ozamis, G.R. No. 143370 Alienage

- Old woman who disposed her properties and the Insolvency

heirs was questioning the validity of the contract of
Trusteeship
sale
- Sale was valid Absence
- No proof and could answer properly and she knows
what she was doing Absence

Insanity - Special status of a person who has left his domicile

and thereafter his whereabouts and fate are
- Mental disorder unknown, it being uncertain whether he is already
- Art. 798; 1327 [2] dead/alive
- Affects intellect - Disappearance becomes relevant if he has properties
- If acted during lucid interval, the act is valid - What would happen to his properties?
- If acted during insanity, the act is voidable
Stages of Absence
Imbecility
1. Provisional Absence
- Mental retardation 2. Declared Absence
- No lucid intervals 3. Presumptive Death
State of being deaf and mute Provisional Absence
- Art. 1327; 1048 - There is temporary or provisional absence as soon as
- Coupled with inability to read and write a person disappears
- Art. 381. When a person disappears from his
Physical condition
domicile, his whereabouts being unknown, and
- Art. 820 without leaving an agent to administer his property,
the judge, at the instance of an interested party, a
Penalty relative, or a friend, may appoint a person to
- E.g. if the penalty is disqualification from public represent him in all that may be necessary.
office, then you cannot hold any public office This same rule shall be observed when under similar
anymore circumstances the power conferred by the absentee
has expired.
Civil interdiction - Remedy if there are properties
o Petition for application of administrator
- Mandatory for crimes with reclusion temporal - Who may be applied?
- Deprivation of a person’s rights o Spouses
o To parental authority o Any competent person
o To marital authority
o To be a guardian of the person or property of What if the person has been gone for some time already? Then
a ward you can file a declaration for absence
o To manage his own property
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Persons and Family Relations – Atty. Sindayen-Libiran
Declared Absence
- Requires a certain number of years
- Art. 384. Two years having elapsed without any news
about the absentee or since the receipt of the last
news, and five years in case the absentee has left a
person in charge of the administration of his
property, his absence may be declared.
- Petition for declaration of absence
- When?
o 2 years absence – absentee does not appoint
an administrator
o 5 years absence – absentee appointed an
administrator
- Who can file?
o Art. 385. The following may ask for the
declaration of absence:
(1) The spouse present;
(2) The heirs instituted in a will,
who may present an authentic copy of the
same;
(3) The relatives who may succeed
by the law of intestacy;
(4) Those who may have over the
property of the absentee some right
subordinated to the condition of his death.
- Who can be appointed as administrator?
o Art. 387. An administrator of the absentee's
property shall be appointed in accordance
with Article 383. (187a)
o Art. 388. The wife who is appointed as an
administratrix of the husband's property
cannot alienate or encumber the husband's
property, or that of the conjugal partnership,
without judicial authority.
- Effectivity date of declaration of absence
o Art. 386. The judicial declaration of absence
shall not take effect until six months after its
publication in a newspaper of general
circulation.
- Termination of administration
o Art. 389. The administration shall cease in
any of the following cases:
(1) When the absentee appears
personally or by means of an agent;
(2) When the death of the absentee
is proved and his testate or intestate heirs
appear;
(3) When a third person appears,
showing by a proper document that he has
acquired the absentee's property by
purchase or other title.
In these cases the administrator
shall cease in the performance of his office,
and the property shall be at the disposal of
those who may have a right thereto.
- Effect of absence contingent rights of absentee
o Art. 393. Whoever claims a right pertaining
to a person whose existence is not
recognized must prove that he was living at
the time his existence was necessary in order
to acquire said right.
 X – an absentee since 2018
 A – claims that X sold property to
him in 2016
 A must prove that at the
time the property was
allegedly was transferred
to him that A was still alive
o Art. 394. Without prejudice to the provision
of the preceding article, upon the opening of
a succession to which an absentee is called,
his share shall accrue to his co-heirs, unless
he has heirs, assigns, or a representative.
They shall all, as the case may be, make an
inventory of the property.
o Art. 396. Those who may have entered upon
the inheritance shall appropriate the fruits
received in good faith so long as the absentee
does not appear, or while his representatives
or successors in interest do not bring the
proper actions.
If C is declared an absentee then the share that would have
gone to C would accrue to D
What if the one who was declared absente was D?
- G, his own child would get his share
Presumptive Death
- When?
o Ordinary
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Persons and Family Relations – Atty. Sindayen-Libiran
 Art. 390. After an absence of seven
years, it being unknown whether or
not the absentee still lives, he shall
be presumed dead for all purposes,
except for those of succession.
The absentee shall not be
presumed dead for the purpose of
opening his succession till after an
absence of ten years. If he
disappeared after the age of
seventy-five years, an absence of
five years shall be sufficient in order
that his succession may be opened.
 7 years – for all purposes
except for succession
 Succession
 10 years
 5 years – disappeared after
the age of 75
o Extraordinary
 Art. 391. The following shall be
presumed dead for all purposes,
including the division of the estate
among the heirs:
(1) A person on board a
vessel lost during a sea voyage, or an
aeroplane which is missing, who has
not been heard of for four years
since the loss of the vessel or
aeroplane;
(2) A person in the armed
forces who has taken part in war,
and has been missing for four years;
(3) A person who has been
in danger of death under other
circumstances and his existence has
not been known for four years.
 4 years – for all purposes
including division of estate
o For purposes of remarriage: does not apply
Absentee appears
Art. 392. If the absentee appears, or without appearing his
existence is proved, he shall recover his property in the
condition in which it may be found, and the price of any
property that may have been alienated or the property
acquired therewith; but he cannot claim either fruits or rents.
Death
- Cessation of life
Art. 42. Civil personality is extinguished by death.
Continental Steel Manufacturing Corporation v Montano, G.R.
No. 182836
- The company refused to give benefits reasoning out
that the child was not born alive, there was no death
to speak of
- SC, when you talk of death, it should be understood
as the cessation of life
- Life is separate and distinct from civil personality
- The child in the womb has life but no actual civil
personality
- It does not mean that only those who have civil
personality can die
- Art. 40 and 41 was not applied because the legal
personality of the child is not in question because the
benefits is not for the death of the child but for the
injury suffered by the parents of the child, which was
the basis for the monetary award
Survivorship
Art. 43. If there is a doubt, as between two or more
persons who are called to succeed each other, as to which
of them died first, whoever alleges the death of one prior
to the other, shall prove the same; in the absence of proof,
it is presumed that they died at the same time and there
shall be no transmission of rights from one to the other.
- If there is doubt as to who died first, then there can
be no transmission of rights between them
Sec. 5, par. (jj), Rule 131 of the Rules of Court. 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;
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.
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Persons and Family Relations – Atty. Sindayen-Libiran
Sec. 5, par. (kk), Rule 131 of the Rules of Court. That if there is
a doubt, as between two or more persons who are called to
succeed each other, as to which of them died first, whoever
alleges the death of one prior to the other, shall prove the
same; in the absence of proof, they shall be considered to have
died at the same time.
Joaquin v Navarro, G.R. No. L-5426
- Three daughters died first
- Husband died last
- Was it the mother who died first before Joaquin Jr?
- SC, Joaquin Jr. died before his mother because
immediately when he rushed out he was shot dead so
it was probable that the mother survived and that she
down only after the collapse of the building after a
few minutes
- There was sufficient evidence that the child died first,
then you cannot apply the presumption of Art. 43
If parent dies first, then the child gets to inherit from the
parent
If the child dies first, then succession would go upwards
If a parent who has two children, if both dies and there is one
heir
- If it is established that the son died first, then the
father inherits from the son, then what the father
inherits from that son and what that father has still
will go to the other son
- If you do not know who died first, then all the person
gets is what he could have gotten from the father
A father, 2 children and a granddaughter
- If the grandfather and the father dies and it is
established that the grandfather dies first, the
inheritance would be divided between the brothers
- The child would inherit what the father got from the
grandfather and what the brother has
- If you do not know who died first, it is presumed that
they died at the same time, which means neither
inherits from the other, which means all the
properties of that person would go to the one who is
alive and what the granddaughter would get would
be the one from the father
Apply only if there is a question of succession
Juridical Persons
Art. 44. The following are juridical persons:
(1) The State and its political subdivisions;
(2) Other corporations, institutions and entities
for public interest or purpose, created by law;
their personality begins as soon as they have
been constituted according to law;
(3) Corporations, partnerships and associations
for private interest or purpose to which the law
grants a juridical personality, separate and
distinct from that of each shareholder, partner or
member.
- The ones liable for criminal acts are the ones who
performed such criminal acts
What governs juridical persons?
Art. 45. Juridical persons mentioned in Nos. 1 and 2 of the
preceding article are governed by the laws creating or
recognizing them.
Private corporations are regulated by laws of general
application on the subject.
Partnerships and associations for private interest or
purpose are governed by the provisions of this Code
concerning partnerships.
Art. 47. Upon the dissolution of corporations, institutions
and other entities for public interest or purpose
mentioned in No. 2 of Article 44, their property and other
assets shall be disposed of in pursuance of law or the
charter creating them. If nothing has been specified on
this point, the property and other assets shall be applied
to similar purposes for the benefit of the region, province,
city or municipality which during the existence of the
institution derived the principal benefits from the same.
Theory or Special Capacities
- Persons are limited only to those that are expressly
conferred upon them or which can be implied
therefrom or incidental
- Juridical persons can only exercise powers only
expressly given to them or implied by those express
powers
Powers
Art. 46. Juridical persons may acquire and possess
property of all kinds, as well as incur obligations and
bring civil or criminal actions, in conformity with the laws
and regulations of their organization.
DOMICILE
Concept of Domicile and Residence
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Persons and Family Relations – Atty. Sindayen-Libiran
Domicile
- Place of habitual residence
- Place were a person has certain settled, fixed and
legal relations
- Permanent home; the place to which, whenever
absent for business or pleasure, one intends to return
(animus revertendi)
- Requires two things
o Physical presence; and
o Intention to re` turn
Residence
- Used to indicate a place of abode
- Residence in the civil law is a material fact, referring
to the physical presence of a person in a place
Kinds of Domicile
Domicile of origin
- Acquired at birth; domicile of the parents of a person
at the time he was born
Domicile by operation of law/constructive domicile
- Assigned to a child by law after his birth on account
of a legal disability
Domicile of choice
- The place freely chosen by a person
- Sui juris
Child follows the domicile of his parents
Requisites for change of domicile
1. Actual removal or an actual change of domicile;
2. Bona fide intention of abandoning the former place of
residence establishing a new one (animus non-
revertendi); and
3. Intention to remain there (animus manendi)
Rules in domicile
- A man must have a domicile somewhere
- A domicile once established remains until a new one
is acquired
- A man can have only one domicile at a time
- A man may have residence in one place and domicile
in another
Domicile of juridical person
Art. 51. When the law creating or recognizing them, or
any other provision does not fix the domicile of juridical
persons, the same shall be understood to be the place
where their legal representation is established or where
they exercise their principal functions.
INTRODUCTION TO THE FAMILY CODE
Executive Order No. 209
Constitutional provisions implemented
- Art. II, Sec. 12
- Art. XV
- Art. II, Sec. 14
Effectivity date
Art. 257. This Code shall take effect one year after the
completion of its publication in a newspaper of general
circulation, as certified by the Executive Secretary, Office of
the President.
- Memorandum Circular No. 85
o 3 August 1988
Retroactive Application
Art. 256. This Code shall have retroactive effect insofar as it
does not prejudice or impair vested or acquired rights in
accordance with the Civil Code or other laws.
MARRIAGE
Definition and Nature
Article 1. Marriage is 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. It is the foundation of the family and an
inviolable social institution whose nature, consequences,
and incidents are governed by law and not subject to
stipulation, except that marriage settlements may fix the
property relations during the marriage within the limits
provided by this Code.
Tillar v Tillar, G.R. No. 214529
- Married in a catholic church
- Filed for declaration of nullity of marriage on the
ground of psychological incapacity
- Judge dismissed the case because it was a catholic
marriage and by virtue of the separation of the
church and the State, then he has no jurisdiction to
hear the action for declaration of nullity of marriage
- SC, as long as you have all the requisites of a marriage,
then you have a marriage and even if the catholic
church only considers it as a sacrament, such has civil
and legal effects
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Abadilla v Tabiliran, Adm. Matter No. MTJ-92-716 institution in which the State is vitally interested. The State
can find no stronger anchor than on good, solid and happy
- If you, as lawyers, violate the laws of marriage, you do families. The break-up of families weakens our social and
not only get criminal or civil liability, you also get moral fabric; hence, their preservation is not the concern of
administrative liability the family members alone.” (Ancheta v Ancheta, G.R. No.
- Lawyers are expected to be the first ones to abide and 145370)
obey the law
Presumption in favor of existence and validity of
Marriage Ordinary Contract marriage
Special contract Mere contract
Governed by law on Governed by law on Proof
marriage contacts.
Inviolable institution Ordinary contract is not Dela Rosa v Heirs of Rustia vda. de Damian, G.R. No. 155733
General rule: rights, duties,
Balogbog v CA, G.R. No. 83598
nature, consequences and
Stipulations are general
incidents are fixed by law Calimag v Heirs of Macapaz, G.R. No. 191936
fixed by the parties
Except: marriage
settlements - ⨯fax or photocopy of marriage contract
The contracting parties o Must be original
There can be 2 or more
must only be 2, one is a - ⨯canonical certificate of marriage
parties and the difference
male and the other is a o No an essential requisite nor a formal
of gender is not material
female requisite
Terminated upon o Will not invalidate the marriate
expiration of the term of birth certificate
Terminated by death or -
the contract, upon
annulment due to legal
fulfillment of the condition Marriage Certificate
cause, i.e., it cannot be
for which it was entered
terminated without the Testimony of witnesses to the matrimony
into, rescission, mutual -
consent of the state
agreement of the parties or - Couple’s public and open cohabitation as husband
through other causes. and wife after the alleged wedlock
- Birth or baptismal certificate of children born during
Nature of a contract of marriage the union
- Mention of such nuptial in subsequent documents
Marriage is a…
- Presumption in favor of existence and validity of
- Special contract marriage
- Status or permanent union or personal relation o Persons who are cohabiting together as
- Social institution husband and wife are presumed to have
entered into a contract of marriage
“Our Constitution clearly gives value to the sanctity of  Disputable assumption
marriage. Marriage in this jurisdiction is not only a civil
contract, but it is a new relation, an institution the "[p]ersons dwelling together in apparent matrimony are
maintenance of which the public is deeply interested. Thus, presumed, in the absence of any counter presumption or
the State is mandated to protect marriage, being the evidence special to the case, to be in fact married. The reason
foundation of the family, which in turn is the foundation of the is that such is the common order of society, and if the parties
nation. The State has surrounded marriage with safeguards to were not what they thus hold themselves out as being, they
maintain its purity, continuity and permanence. The security would be living in the constant violation of decency and of law.
and stability of the State are largely dependent upon it. It is A presumption established by our Code of Civil Procedure is
the interest of each and every member of the community to 'that a man and a woman deporting themselves as husband
prevent the bringing about of a condition that would shake its and wife have entered into a lawful contract of marriage.'
foundation and ultimately lead to its destruction.” (Tillar v Semper praesumitur pro matrimonio — Always presume
Tillar, G.R. No. 214529) marriage." (Calimag v Heirs of Macapaz, G.R. No. 191936)

“Our constitution is committed to the policy of strengthening Presumption in favor of existence and validity of marriage
the family as a basic social institution. Our family law is based
Requisites
on the policy that marriage is not a mere contract, but a social
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Persons and Family Relations – Atty. Sindayen-Libiran

Essential Requisites In case of a marriage in articulo mortis, when the party at

the point of death is unable to sign the marriage
- Legal capacity certificate, it shall be sufficient for one of the witnesses to
- Consent the marriage to write the name of said party, which fact
Formal Requisites shall be attested by the solemnizing officer.

- Authority of the solemnizing officer - Consent must be mutual, freely, voluntarily and
- Marriage license intelligently given
- Marriage ceremony If someone pointed a gun to you, and forced you to give your
Essential Requisites Formal Requisites consent to the marriage, then there is a defect on the consent,
Absence of essential Absence of formal which is not freely given resulting to a voidable marriage
requisite : Marriage is void requisites: Marriage is void
Republic v Albios, G.R. No. 198780
Except: Art. 35[2]
Defect in essential requisite: Defect in formal requisites: - Filipino and American agreed to get married in order
marriage is voidable marriage is valid for the Filipino to obtain an American citizenship
But: three-fold liability because it is easier if you are married to an American
- After their marriage, the American disappeared and
Marriage certificate not an essential certificate nor a formal
she wanted to declare her marriage null and void
requisite but simply an evidence that you have entered into a
because there was really no consent given
marriage
- Marriage was valid because consent was intelligently
Essential Requisites and freely given

Legal Capacity Formal Requisites

Art. 2. No marriage shall be valid, unless these essential Authority of the solemnizing officer
requisites are present: (1) Legal capacity of the
Art. 7. Marriage may be solemnized by:
contracting parties who must be a male and a female; xxx
(1) Any incumbent member of the judiciary within the
Art. 5. Any male or female of the age of eighteen years or
court's jurisdiction;
upwards not under any of the impediments mentioned in
Articles 37 and 38, may contract marriage. (2) Any priest, rabbi, imam, or minister of any church
or religious sect duly authorized by his church or
- Age
religious sect and registered with the civil registrar
o 18 years old and above
general, acting within the limits of the written authority
o Presupposes that the parties are Filipino
granted by his church or religious sect and provided that
citizens
at least one of the contracting parties belongs to the
- Sex
solemnizing officer's church or religious sect;
o Male; female
- No legal impediments (3) Any ship captain or airplane chief only in the case
mentioned in Article 31;
Consent
(4) Any military commander of a unit to which a
Art. 2. xxx (2) Consent freely given in the presence of the
chaplain is assigned, in the absence of the latter, during a
solemnizing officer.
military operation, likewise only in the cases mentioned
Art. 6. No prescribed form or religious rite for the in Article 32;
solemnization of the marriage is required. It shall be
(5) Any consul-general, consul or vice-consul in the case
necessary, however, for the contracting parties to appear
provided in Article 10.
personally before the solemnizing officer and declare in
the presence of not less than two witnesses of legal age (6) Mayor – Local Government Code
that they take each other as husband and wife. This
declaration shall be contained in the marriage certificate No authority: marriage is void
which shall be signed by the contracting parties and their Absence of a formal requisite will render the marriage null
witnesses and attested by the solemnizing officer. and void
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Persons and Family Relations – Atty. Sindayen-Libiran

- Except Ship captain or aeroplane chief

o If the parties believed in good faith that the
person solemnizing the marriage was
authorized to solemnized the marriage
Art. 4. The absence of any of the essential or formal
requisites shall render the marriage void ab initio, except
as stated in Article 35 xxx
Art. 35. The following marriages shall be void from the
beginning: xxx (2) Those solemnized by any person not
legally authorized to perform marriages unless such
marriages were contracted with either or both parties
believing in good faith that the solemnizing officer had
the legal authority to do so; xxx
- Applies only with regards to those individuals
enumerated
Members of the Judiciary
Art. 31. A marriage in articulo mortis between passengers
or crew members may also be solemnized by a ship
captain or by an airplane pilot not only while the ship is
at sea or the plane is in flight, but also during stopovers at
ports of call.
- In articulo mortis
- Between passengers or crew members
- Ship must be at sea or the plane must be in flight, or
during stopovers at ports of call
Military Commander
Art. 32. A military commander of a unit, who is a
commissioned officer, shall likewise have authority to
solemnize marriages in articulo mortis between persons
within the zone of military operation, whether members
of the armed forces or civilians.

- Incumbent - Military commander of a unit

- Must solemnized the marriage within the court’s - Chaplain must be assigned to the unit
jurisdiction - Said chaplain must be absent at the time of the
- No jurisdiction, will only be a defect marriage
- Marriage must in articulo mortis
Court Jurisdiction Venue - Contracting parties, whether members of the armed
In the chambers forces or civilians, must be within the zone of military
Supreme Court or in open court;
operation
Court of Appeals exc: marriages on
Sandiganbayan National the point of Consul general, consul, or vice consul
Court of Tax death; in a
Appeals remote place; Art. 10. Marriages between Filipino citizens abroad may
written request be solemnized by a consul-general, consul or vice-consul
In the chambers of the Republic of the Philippines. The issuance of the
or in open court; marriage license and the duties of the local civil registrar
Regional Trial Territorial
exc: marriages on and of the solemnizing officer with regard to the
Court jurisdiction as
the point of celebration of marriage shall be performed by said
Municipal Trial defined by the
death; in a
Court Supreme Court consular official.
remote place;
written request - Marriage solemnized abroad
- Between Filipino citizens
Priest, rabbi, imam or minister of any church or religious sect - Venue
- Must be duly authorized by his church or religious o Office of the consul general, consul, or vice
sect consul
- Duly registered with the office of the civil register o Except: marriage on the point of death; in a
general remote place; written request
- Must act within the limits of his written authority Art. 3. The formal requisites of marriage are: xxx (2) A
- At least one of the contracting parties must belong to valid marriage license except in the cases provided for in
the solemnizing officer’s church or sect Chapter 2 of this Title; xxx
- Venue
o In the church chapel or temple Where to apply?
o Except: marriage on the point of death; in a
- Local civil registrar of the city or municipality where
remote place; written request
either contracting party habitually resides (Art. 9)

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Persons and Family Relations – Atty. Sindayen-Libiran
Requirements for application
- Original birth certificate
o Art. 12. The local civil registrar, upon
receiving such application, shall require the
presentation of the original birth certificates
or, in default thereof, the baptismal
certificates of the contracting parties or
copies of such documents duly attested by
the persons having custody of the originals.
These certificates or certified copies of the
documents by this Article need not be sworn
to and shall be exempt from the
documentary stamp tax. The signature and
official title of the person issuing the
certificate shall be sufficient proof of its
authenticity.
If either of the contracting parties is
unable to produce his birth or baptismal
certificate or a certified copy of either
because of the destruction or loss of the
original or if it is shown by an affidavit of
such party or of any other person that such
birth or baptismal certificate has not yet
been received though the same has been
required of the person having custody
thereof at least fifteen days prior to the date
of the application, such party may furnish in
lieu thereof his current residence certificate
or an instrument drawn up and sworn to
before the local civil registrar concerned or
any public official authorized to administer
oaths. Such instrument shall contain the
sworn declaration of two witnesses of lawful
age, setting forth the full name, residence
and citizenship of such contracting party and
of his or her parents, if known, and the place
and date of birth of such party. The nearest
of kin of the contracting parties shall be
preferred as witnesses, or, in their default,
persons of good reputation in the province
or the locality.
The presentation of birth or
baptismal certificate shall not be required if
the parents of the contracting parties appear
personally before the local civil registrar
concerned and swear to the correctness of
the lawful age of said parties, as stated in the
application, or when the local civil registrar
shall, by merely looking at the applicants
upon their personally appearing before him,
be convinced that either or both of them
have the required age.
- Certificate of family planning seminar (PD 965, RA
10354)
- Certificate of no marriage (CENOMAR)
- Either or both of the contracting parties has been
previously married
o Art. 13. In case either of the contracting
parties has been previously married, the
applicant shall be required to furnish,
instead of the birth or baptismal certificate
required in the last preceding article, the
death certificate of the deceased spouse or
the judicial decree of the absolute divorce, or
the judicial decree of annulment or
declaration of nullity of his or her previous
marriage.
In case the death certificate cannot
be secured, the party shall make an affidavit
setting forth this circumstance and his or her
actual civil status and the name and date of
death of the deceased spouse.
- Either or both of the contracting parties are between
the ages of 18 years old to below 21
o Art. 14. In case either or both of the
contracting parties, not having been
emancipated by a previous marriage, are
between the ages of eighteen and twenty-
one, they shall, in addition to the
requirements of the preceding articles,
exhibit to the local civil registrar, the consent
to their marriage of their father, mother,
surviving parent or guardian, or persons
having legal charge of them, in the order
mentioned. Such consent shall be manifested
in writing by the interested party, who
personally appears before the proper local
civil registrar, or in the form of an affidavit
made in the presence of two witnesses and
attested before any official authorized by
law to administer oaths. The personal
manifestation shall be recorded in both
applications for marriage license, and the
affidavit, if one is executed instead, shall be
attached to said applications.
 Parental consent
 Father
 Mother
 Surviving parent or
guardian
 Persons having legal charge
of them
- Either or both of the contracting parties are between
the ages of 21 years old to below 25
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Persons and Family Relations – Atty. Sindayen-Libiran
o Art. 15. Any contracting party between the
age of twenty-one and twenty-five shall be
obliged to ask their parents or guardian for
advice upon the intended marriage. If they
do not obtain such advice, or if it be
unfavorable, the marriage license shall not
be issued till after three months following
the completion of the publication of the
application therefor. A sworn statement by
the contracting parties to the effect that
such advice has been sought, together with
the written advice given, if any, shall be
attached to the application for marriage
license. Should the parents or guardian
refuse to give any advice, this fact shall be
stated in the sworn statement.
 Parental advice
 Parties do not obtain advice
 Advice is unfavorable
- Certificate of marriage counselling
o Art. 16. In the cases where parental consent
or parental advice is needed, the party or
parties concerned shall, in addition to the
requirements of the preceding articles,
attach a certificate issued by a priest, imam
or minister authorized to solemnize
marriage under Article 7 of this Code or a
marriage counselor duly accredited by the
proper government agency to the effect that
the contracting parties have undergone
marriage counseling. Failure to attach said
certificates of marriage counseling shall
suspend the issuance of the marriage license
for a period of three months from the
completion of the publication of the
application. Issuance of the marriage license
within the prohibited period shall subject
the issuing officer to administrative
sanctions but shall not affect the validity of
the marriage.
o are at the point of death, the marriage may be solemnized
o Should only one of the contracting parties
need parental consent or parental advice,
the other party must be present at the
counseling referred to in the preceding
paragraph.
 Either or both of the parties are 18
to below 25
 Failure to attach certificate
 Suspend
- Either or both of the contracting parties are citizens
of a foreign country
o Art. 21. When either or both of the
contracting parties are citizens of a foreign
country, it shall be necessary for them before
a marriage license can be obtained, to submit
a certificate of legal capacity to contract
marriage, issued by their respective
diplomatic or consular officials.
Stateless persons or refugees from
other countries shall, in lieu of the certificate
of legal capacity herein required, submit an
affidavit stating the circumstances showing
such capacity to contract marriage.
Art. 25. The local civil registrar concerned shall enter all
applications for marriage licenses filed with him in a
registry book strictly in the order in which the same are
received. He shall record in said book the names of the
applicants, the date on which the marriage license was
issued, and such other data as may be necessary.
No marriage license: marriage is void
Proof of absence of marriage license
- Marriage contract bears no marriage license number
- Marriage license was issued after the ceremony took
place
- Certification of local civil registrar: after diligent
search, no record or entry is found to exist in the
records of his office
- “xxx the certification to be issued by the Local Civil
Registrar must categorically state that the document
does not exist in his office or the particular entry
could not be found in the register despite diligent
search.” (Sevilla v Cardenas, G.R. No. 167684)
- If you get married in a foreign country, and in that
foreign country you do not need to get a marriage
license, then it is still considered a valid marriage
Marriages exempted from license requirement
Art. 27. In case either or both of the contracting parties
without necessity of a marriage license and shall remain
valid even if the ailing party subsequently survives.
- Marriage in articulo mortis
- One or both of the parties are at point of death
- Effect the survival dying party: marriage will still be
valid
Art. 29. In the cases provided for in the two preceding articles,
the solemnizing officer shall state in an affidavit executed
before the local civil registrar or any other person legally
authorized to administer oaths that the marriage was
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Persons and Family Relations – Atty. Sindayen-Libiran

performed in articulo mortis or that the residence of either ascertained the qualifications of the contracting parties
party, specifying the barrio or barangay, is so located that are found no legal impediment to the marriage.
there is no means of transportation to enable such party to
appear personally before the local civil registrar and that the
officer took the necessary steps to ascertain the ages and
relationship of the contracting parties and the absence of legal
impediment to the marriage.

When is a place remote?

- When there is no means of transportation

Art. 30. The original of the affidavit required in the last

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

- Execute and file affidavit

o Marriage was performed in articulo mortis
o Took necessary steps to ascertain
 Age;
 Relationship; and
 Absence of legal impediment
- To whom?
o Local civil registrar of municipality where
marriage was performed
- When?
o Within 30 days after performance
Art. 28. If the residence of either party is so located that
there is no means of transportation to enable such party
to appear personally before the local civil registrar, the
marriage may be solemnized without necessity of a
marriage license.
- Marriage in remote place
Art. 33. Marriages among Muslims or among members of
the ethnic cultural communities may be performed
validly without the necessity of marriage license,
provided they are solemnized in accordance with their
customs, rites or practices.
- Are they still required to comply with the other
requirements?
Art. 34. No license shall be necessary for the marriage of
a man and a woman who have lived together as husband
and wife for at least five years and without any legal
impediment to marry each other. The contracting parties
shall state the foregoing facts in an affidavit before any
person authorized by law to administer oaths. The
solemnizing officer shall also state under oath that he
- Convalidation of cohabitation or ratification of
marital cohabitation
Requisites
1. The man and woman must have been living together
as husband and wife for at least five years before the
marriage;
2. The parties must have no legal impediment to marry
each other;
3. The fact of absence of legal impediment between the
parties must be present at the time of marriage;
4. The parties must execute an affidavit stating that they
have lived together for at least five years [and are
without legal impediment to marry each other]; and
5. 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.
Marriage ceremony
Art. 6. No prescribed form or religious rite for the
solemnization of the marriage is required. It shall be
necessary, however, for the contracting parties to appear
personally before the solemnizing officer and declare in
the presence of not less than two witnesses of legal age
that they take each other as husband and wife. This
declaration shall be contained in the marriage certificate
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Persons and Family Relations – Atty. Sindayen-Libiran

which shall be signed by the contracting parties and their

witnesses and attested by the solemnizing officer.

In case of a marriage in articulo mortis, when the party at

the point of death is unable to sign the marriage
certificate, it shall be sufficient for one of the witnesses to
the marriage to write the name of said party, which fact
shall be attested by the solemnizing officer.

Marriages Solemnized Outside the Philippines

Art. 26, par.1

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