Quick Look Persons

Civil Law Review
Quick Look (Persons)

Note: The following topics are in the order of the most frequently asked since 1975 to 2014 (by Dean Ceballos)
A. Persons and Personality (19)
B. Marriage (118)
Definition It is a special contract of permanent union between a man and a woman entered into in accordance with law for establishment of conjugal and family life.
It is governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during marriage within limits provided by FC.
1. It has two distinct aspects. It may be understood as an act or as a status:
a. It is an act by which a man and a woman unit for life, with the intent to discharge towards society and one another those duties that result from the relation of
husband and wife.
b. It is a civil status for establishment of families and multiplication and education of species assigned by law to matrimony.
2. Simper Proesumitur Pro Matrimonial (always presume marriage).

a. The mere fact that a couple is deporting to be husband and wife without no record of marriage does not invalidate the marriage as long as all requirements are
present.
b. Although marriage contract is considered the primary evidence of marriage, failure to present it is not proof that no marriage took place.
i. Absence of marriage contract is not always proof that no marriage took place. Once presumption of marriage arises, other evidence may be presented to
support it.
ii. Evidence does not need to directly establish marriage but it must at least strengthen the presumption.
c. Other proof of marriage may be:

i. Testimony of witnesses to the matrimony
ii. Couple’s public and open cohabitation as husband and wife after the wedlock
iii. Baptismal certificates of children
iv. Mention of such nuptials in subsequent documents
3. Motives in marriages are varied.

a. Possibility that parties have no real intention to establish a life together is insufficient to nullify a marriage freely entered into.
i. Nature, consequences and incidents of marriage are governed by law and not subject to stipulation. It may only be declared void or voidable under
grounds prescribed by law. There is no law that declares a marriage void if the purpose is other than what the Constitution or law declares.
b. Marriage is valid even if the purpose is to secure citizenship.

i. Right to marital privacy allows married couples to structure their marriages in almost any way they see fit. As long as they comply with all legal requisites,
other purposes such as convenience, companionship, money, status and title are all equally valid. Love is not the only valid cause of marriage.
Essential and Essential requisites Formal requisites

Formal Requisites 1. Legal capacity of contracting parties who must be 1. Authority of solemnizing officer
Requisites male and female. 2. Valid marriage license
2. Consent freely given in the presence of the 3. Marriage ceremony
solemnizing officer.
Absence The marriage will be void ab initio The marriage will be void ab initio, except for the formal requisite of “authority of solemnizing officer”
wherein it shall remain valid if parties believed in GF that he has authority.
Defect The marriage shall be voidable as provided under Art 45. The marriage shall remain valid but the parties responsible for the irregularity shall be civilly, criminally
and administratively liable.
Essential Essential requisites
SBCA Memaid 2016, Albano, Jurado, VIP and notes to check by Lee Anne Yabut 1
requisites Requisites 1. Legal capacity of contracting parties who must be male and female.
2. Consent freely given in the presence of the solemnizing officer.
Absence The marriage will be void ab initio
Defect The marriage shall be voidable as provided under Art 45.
Notes on Legal capacity of contracting parties who must be male and female:
1. Art 5 states that, “any male or female of the age of 18 years and upwards, not under any impediments mentioned in Art 37 (for incestuous marriages) and
Art 38 (marriages against public policy) may contract marriage.”
a. Requisites of Legal Capacity:
i. Parties must be male and female.
ii. They must not be minors (they must be 18 years and up)
iii. They must not be under any impediment under Art 37 and Art 38.
2. “Parties must be male and female.”

a. The law requires man and woman because it is impossible for two men to procreate. Marriage is intended for establishment of conjugal and
family life.
3. “They must be 18 years and up.”

a. If they are below 18 years of age, the marriage is void even if parents gave their consent to the marriage, because of absence of legal capacity.
Consent of parents cannot cure the defect. A void marriage cannot be cured.
4. “They must not be under any impediment under Art 37 and Art 38.”
a. These are considered void from the beginning:
Art 37 (Incestuous Art 38 (Marriages against public policy)
marriages)
1. Between 1. Collateral blood relatives up to 4th degree.
ascendants and 2. Step-parents and step-children.
descendants of 3. Parents-in-law and children-in-law
any degree. 4. Adopting parent and adopted child
2. Between brothers 5. Surviving spouse of adopting parent and adopted child
and sisters, 6. Surviving spouse of adopted child and adopter
whether of full or 7. Adopted child and legitimate child of the adopter
half blood. 8. Adopted children of same adopter
9. Parties, where because one had the intention to marry the other, he killed the other person’s spouse or his own spouse
Notes on Consent freely given in the presence of the solemnizing officer:

1. Contracting parties must appear personally before a solemnizing officer and declare in the presence of not less than two attesting witnesses of legal age
that they take each other as husband and wife.
a. Requisites:
i. Consent must be freely given.
ii. Parties must appear personally.
iii. They must appear before a solemnizing officer.
iv. They must make a declaration that they take each other as husband and wife.
v. This declaration must be in the presence of the solemnizing officer and of not less than two attesting witnesses of legal age.
2. “Consent must be freely given.”

a. This is because marriage is a still a contract although imbued with Public Interest.
b. Hence, requisites of a contract must be present:
i. Consent or meeting of the minds.
ii. Cause or consideration
iii. Object
3. “Parties must appear personally”

a. Marriage by proxy depends on whether the marriage is celebrated in the Philippines or outside.
i. If the marriage was celebrated in the Philippines, it shall be void because the law requires that the marriage must take place with
appearance of contracting parties before the solemnizing officer and that they should be declare personally that they take each other
as husband and wife.
1. Since marriage by proxy belies this requirement entire, there will be a complete absence of the formal requisite making the
marriage void.
ii. If the marriage is celebrated abroad, and it is valid there, it shall also be valid in the Philippines because under Art 26, “all marriages
solemnized outside the Philippines in accordance with laws in force in the country they were solemnized and valid there as such shall
also be valid in the Philippines”.
4. “This declaration must be in the presence of the solemnizing officer and of not less than two attesting witnesses of legal age.”
a. Declaration shall be contained in the marriage certificate which shall be signed by contracting arties and their witnesses, and attested by the
solemnizing officer.
b. In the case of Articulo Mortis and the party who is at the point of death is unable to sign the marriage certificate, it shall be sufficient that one of
the witnesses to write the name of the party. This fact shall be attested by the solemnizing officer.
Formal Formal requisites

Requisites Requisites 1. Authority of solemnizing officer
2. Valid marriage license
3. Marriage ceremony
Absence The marriage will be void ab initio, except for the formal requisite of “authority of solemnizing officer” wherein it shall remain valid if parties
believed in GF that he has authority.
Defect The marriage shall remain valid but the parties responsible for the irregularity shall be civilly, criminally and administratively liable.
Notes on Authority of solemnizing officer”

1. Authority of Solemnizing Officer has the following requisites:
a. A proper officer must be the one to solemnize the wedding.
b. Solemnizing officer must have the authority.
2. The following are officers and provisions pertaining to their authority:

Officer Applicability Requirements Place (Art 8)
Member of the judiciary General 1. He must be an incumbent member. Marriage may
application 2. He must solemnize within the jurisdiction of the court. be
a. For inferior courts, within territorial jurisdiction. solemnized
b. For those appointed to specific jurisdictions, within territorial jursidiction. publicly in the
c. For appellate courts, entire Philippines. chambers of
d. For SC, entire Philippines. the judge or
in open court.
Priest, rabbi, iman or General 1. He must be duly authorized by his church or religious sect. Church,
minister of any church or application 2. His authority must be registered with the civil registrar general. chapel or
religious sect 3. He must act within the limits of written authority granted to him by his church and temple
religious sect. Area, diocese
4. At least one of the contracting parties must belong to the officer’s church or religious or place
sec. allowed by
the Bishop
Any ship captain or Art 31 1. Marriage should be in articulo mortis.
airplane chief 2. Contracting parties should be between passengers or crew members.
3. Marriage may be solemnized not only while the ship is at sea or plane is in flight but
also during stopovers at ports of call.
Military commander of a Art 32 1. Marriage should be in articulo mortis.

unit 2. Contracting parties should be between persons within the zone of military operation
whether members of armed forces or civilians.
3. Commander shall only solemnize when the chaplain assigned to them is absent.
4. It must be during a military operation.
Consul-general, consul or Art 10 1. Marriage should be celebrated abroad. Office of the

vice-consul 2. Contracting parties are between Filipino citizens. consul-
general,
consul or
vice-consul
Elected Mayors, Vice- LGC 1. Marriage should be solemnized in the cities and municipalities where the mayor is
Mayors (who is acting elected.
mayor or acting as mayor) 2. Mayor must be elected.
3. GR: Marriages must be solemnized in the jurisdiction of the solemnizing officers.

a. EXCEPTIONS (marriage may be solemnized at a house or place designated by the contracting parties in a sworn statement to that effect):
i. In cases of Articulo Mortis (those contracted at the point of death) (See Ship and Airplane captain and Military Commander)
ii. In remote places under Art 29
iii. Where both parties request the solemnizing officer in writing
b. If solemnizing officers celebrate the marriage outside their jurisdiction, the marriage is still valid because there is only a formal defect and not
an absence of the requisite of the officer’s authority.
i. In this case, the act shall only subject the solemnizing officer to criminal, civil or administrative responsibility.
4. This formal requisite is the only element that allows the marriage to remain valid even if there is complete absence, provided parties believed in GF that
the solemnizing officer has authority to solemnize the marriage.
Notes on Valid Marriage License:

1. GR: It shall be issued by the local civil registrar of the city or municipality where either contracting party habitually resides.
a.  (Marriages where no license is required under Chapter 2):
i. Marriages in Articulo Mortis or at the point of death, even if the ailing party subsequently survives.
ii. A party’s residence is so remote that no means of transportation apply the party to personally appear before the local civil registrar.
iii. Marriages among Muslims or among members of ethnic communities provided these are solemnized in accordance with their customs,
rites or practices.
iv. When parties lived together as husband and wife for at least 5 years and without legal impediment to marry each other.
v. Marriages solemnized outside the Philippines if the country where it was solemnized does not require a marriage license.
b. “It shall be issued by the local civil registrar of the city or municipality where either contracting party habitually resides.”
i. If the marriage license was issued in a city or municipality where neither of the contracting parties reside, it shall be considered an
irregularity which does not render the marriage void. However, parties shall be civilly, criminally and administratively liable.
c. “Marriages in Articulo Mortis”

i. In order to classify the marriage as marriage in Articulo Mortis, the law does not require that the party who is at the point of death
must die immediately after the celebration of marriage.
1. All that is necessary is that parties, including the person solemnizing the marriage, must be convinced that there is imminent
danger of death.
ii. An affidavit stating that the marriage was celebrated in Articulo Mortis is the duly of the solemnizing officer and not of the
contracting parties. Thus, failure to execute the affidavit should not affect the validity of the marriage.
1. Besides, the law is explicit with regards to essential requisites of marriage. Execution of an Affidavit of Articulo Mortis is not
one of them.
iii. Other instances of Articulo Mortis in the FC:

Any ship Art 31 1. Marriage should be in articulo mortis.
captain or 2. Contracting parties should be between passengers or crew members.
airplane chief 3. Marriage may be solemnized not only while the ship is at sea or plane is in flight but also during stopovers at ports of call.
Military Art 32 1. Marriage should be in articulo mortis.
commander of 2. Contracting parties should be between persons within the zone of military operation whether members of armed forces or
a unit civilians.
3. Commander shall only solemnize when the chaplain assigned to them is absent.
4. He must be a commissioner officer.
5. It must be during a military operation.
d. “A party’s residence is so remote that no means of transportation apply the party to personally appear before the local civil registrar.”
i. The solemnizing officer also has the duty (like in Articulo Mortis) to execute an affidavit before the local civil registrar or any other
person legally authorized to administer oaths stating:
1. Fact of circumstance
2. That he took necessary steps to ascertain he ages and relationship of contracting parties
3. The absence of legal impediment to the marriage
e. “When parties lived together as husband and wife for at least 5 years and without legal impediment to marry each other”.
i. In order that there is legal ratification of marital cohabitation, the following requisites must concur:
1. Man and woman must be living together as husband and wife for at least 5 years before marriage.
2. Parties must not have any legal impediment to marry each other.
3. The fact of absence of legal impediment between parties must be present at the time of the marriage, not during their 5-
year cohabitation.
4. Parties must execute an affidavit stating that they have lived for at least 5 years.
5. 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.
ii. The law requires that the act of living together must be characterized by exclusivity and continuity.
1. They must not have any legal impediment to marry one another during the 5-year period of cohabitation immediately before
the day of the marriage. Otherwise, the law would be sanctioning immorality and encouraging common-law relationships.
2. Cohabitation must be in the nature of a perfect union that is valid under law but rendered imperfect only by the absence of
the marriage contract.
3. Relate this situation to Art 147 on Property Relations.
iii. If grounds that makes a marriage void exists, the presence of those grounds shall be considered legal impediments that prevent the
application of the exemption from the requirement of a marriage license. Hence, it will be considered as marrying without a
marriage license at all. The absence of this formal requisite will render the marriage void ab initio.
2. A marriage license shall be effective in any part of the Philippines for 120 days from date of issue.
a. It shall be automatically cancelled at the expiration of the period if parties do not use it.
Absence of marriage certificate Irregularity of marriage certificate
Illustrations 1. If the marriage license expires, it will be as 1. Absence of publication or issuance of a marriage license before completion of
if there is no marriage license. 10-day period for publication are only irregularities that do not affect the
a. Hence, marriage with an expired validity of marriage.
license will render it void ab 2. If the license was issued one day after its application, it shall be considered a
initio. defect in the formal requisite.
2. In a case of secret marriages (where a. My opinion as to why: if you look at other provisions, there must be
marriage is celebrated without the publication of the application of the license within 3 months. If there
knowledge of relatives or friends), is issuance without publication, the license is defective.
presentation of Certification of Due Search b. Hence, the marriage will still remain valid but the parties responsible
and Inability to Find the Marriage License for the irregularity shall be civilly, criminally and administrative
by the local civil registrar has probative liable.
value. 3. If copies of the marriage contract do not state the marriage license number,
a. Registrar is in charge of keeping the fact only proves the non-recording but not the non-issuance of the
a record of all data relative to marriage license.
the issuance of the license. a. Existence of the issuance can be proved by other evidence such as
the contract filed with the National Archives.
3. For marriage abroad, consular officials shall issue the marriage license and do the duties of the local civil registrar with regard to celebration of marriage
(See notes on Authority of Solemnizing Officer).
4. If either or both parties are aliens, they must first submit a certificate of legal capacity to contract marriage.
a. The certificate must be issued by their respective diplomatic or consular officials.
b. In a case where the alien citizen was issued a certificate of legal capacity after the marriage, SC held that this is considered an irregularity
instead of an absolute absence of requirement, even if Art 21 requires that there must first be a certificate before issuance of a marriage
license.
i. The marriage license is not invalidated by the fact that the license was wrongfully or fraudulently obtained without prejudice of
prosecution of parties.
ii. Solemnizing officer does not have to investigate whether or not the license has been properly issued.
iii. Absence of certificate of legal capacity is not one of the grounds that renders the marriage void ab initio.
iv. My note: This is a peculiar case because there is complete absence of a requirement but such did not render the marriage void.
c. If a divorced foreigner wants to obtain a marriage license in the Philippines, he must prove his legal capacity.
i. The following requirements are:
1. He must file a sworn statement to show that the marriage is already dissolved.
2. He must furnish the local civil registrar with the judgment. He must register it to bind third persons.
3. The foreign judgment as a document must be presented to court and admitted as evidence because the best evidence of a
judgment is the divorce decree itself.
ii. A decree is a written act or record of an act of an official body or tribunal of a foreign country. It may be proven as a public or official
record by an official publication or a copy attested by the officer having its legal custody.
iii. If the record is not kept in the Philippines, a copy must be accomplished by a certificate of the proper diplomatic or consular officer in
the Philippine foreign service stationed in the foreign country where the record is kept and it must be authenticated by the seal of his
office.
5. If either or both parties have been previously married:

a. He must furnish either of the following:
i. Death certificate of deceased spouse or affidavit
ii. Judicial decree of absolute divorce
iii. Judicial decree of annulment or declaration of nullity of previous marriage
b. “Death certificate of deceased spouse or affidavit in case death certificate cannot be served”
i. In case there is no death certificate, affidavit must state the actual civil status of the living spouse as well as the name and date of death
of the deceased spouse.
ii. The rule that “for as long as there is valid existing marriage, a person cannot contract a subsequent marriage” is not absolute.
1. Even during the existence of a valid marriage, a person may contract a subsequent marriage provided that there is a
judgment declaring the absent spouse presumptively dead after an absence of 2 or 4 consecutive years and the present
spouse does not know the whereabouts of the absent spouse.
c. “Judicial decree of absolute divorce or judicial decree of annulment or declaration of nullity of previous marriage”
i. There is a need to have a void marriage to be declared void.
1. Art 39 states that an action or defense of declaration of absolute nullity of previous marriage shall not prescribe.
Therefore, even if a marriage is void, it must be declared void first because parties cannot decide for themselves the
invalidity of their marriage. It must be submitted to the judgment of competent court and only when the nullity is declared,
can it be held as void. Without declaration, presumption is that the marriage exists. Whoever contracts as second marriage
assumes the risk of being prosecuted for bigamy.
ii. Since there must be a prior declaration of nullity of a void marriage, that void marriage can be considered a legal impediment to
contract a subsequent marriage because of presumption of validity.
1. Absolute nullity of marriage may also be invoked for purposes of remarriage on the basis solely of a final judgment declaring
the previous marriage void.
6. If either or both parties are between 18 to 21, 21-25:

a. He must exhibit:
i. Consent (18-21)or advice (for 21-25) to their marriage of their father, mother, surviving parent or guardian or persons having legal
charge in the order mentioned.
ii. Certificate of solemnizing officer or a marriage counselor that parties have undergone marriage counselling.
b. “Consent (18-21) or advice (for 21-25 to their marriage of their father, mother, surviving parent or guardian or persons having legal charge in the
order mentioned.”
i. Consent must be either be in:
1. Writing, wherein interested party must personally appear before the proper local civil registrar
2. Affidavit made in the presence of two witnesses and attested before any official authorized to administer oaths
ii. The basis for securing parental consent or advice is the welfare of the contracting party as well as recognition of his oblgiaiton to
honor his parents.
iii. Even if one of the parties had been previously emancipated by a previous marriage (in case he was married at the age of 18 but
widowed at 19), he is still only 19 years of age.
1. Under RA 6809, parental consent is required. The law is explicit that contracting marriage must have parental consent until
21. Therefore, the party still needs parental consent even if he is emancipated by a previous marriage.
iv. If they fail to obtain advance or the advice was unfavorable, marriage license will not be issued until after 3 months after publication
of their application.
1. Non-compliance with the requirement of parental consent will render the marriage voidable under Art 45.
a. The requirement of parental consent is not indispensable for the validity of marriage. Consequently, even if
parties are able to secure a marriage license without the required parental advice, and they got married before
the expiration of the 3-month period after the completion of publication of the application for the marriage
license, the marriage is perfectly valid, although the parties are criminally liable.
c. “Certificate of solemnizing officer or a marriage counselor that parties have undergone marriage counselling.”
i. Marriage counselling is required for issuance of a marriage license on cases where parties need parental consent or advice.
1. If parties fail to attach the certificate of marriage counselling, marriage license will not be issued until after 3 months after
publication of their application.
2. If only one of the parties need consent or advance, the other party must still be present at the counselling.
ii. The purpose of the requirement is to enable the parties to find out if they are compatible before they got married.
1. The priest or minister of the church or religious sect to which the party belongs, or a marriage counsellor accredited by the
proper government agency may do the counselling.
d. The effect of lack of certificate of marriage counselling is the same as the lack of parental advice.
i. Issuance of marriage license during the prohibited period of 3 months shall not affect the validity of the marriage but shall subject the
officer administrative sanctions.
ii. In the same manner then, requirement of marriage counselling is not indispensable for validity of marriage.
Notes Marriage Ceremony:

1. There is no form or religious rite prescribed for the ceremony.
a. However, it must have the following requisites:
i. Contracting parties must appear before the solemnizing officer.
ii. They must make their personal declaration that they take each other as husband and wife.
iii. Such declaration must be in the presence of not less than two witnesses of legal age.
2. “Contracting parties must appear before the solemnizing officer”.

a. There is no requirement that marriage must be solemnized in a particular place or public place. Thus, even if an Associate Justice solemnized the
marriage at the kiosk of the public plaza nearby because there were so many visitors, the marriage shall be valid.
3. All marriages solemnized outside the Philippines, in accordance with the laws in force in the country they were solemnized, and considered valid there as
such, shall also be valid in the Philippines except those prohibited in Art 35 (1)(4-6), Art 36-38.
a. Marriages prohibited are as follows:
i. Those contracted by any party below 18 years of age, even if parent’s or guardian’s consent.
ii. Bigamous and polygamous marriages not falling under Art 41 (Disappearance of Spouse)
iii. Marriage by mistake as to the identity of the other.
iv. Subsequent marriages when one of the parties failed to part and distribute the former spouses’ property and deliver the children’s
presumptive legitimes after a judgment of annulment or of absolute nullity of previous marriage.
v. Void marriages because one or both parties suffer psychological incapacity.
vi. Incestuous marriages.
vii. Void marriages because of public policy.
b. See illustrations in Notes on Conflict of Laws under General Principles Quick Look
Divorce When there is a marriage between a Filipino and a foreigner that is validly celebrated, and a divorce is validly obtained by the alien spouse, capacitating him to remarry thereafter, the
Filipino spouse shall have capacity to remarry under Philippine law.
1. If a Filipino initiates a petition to obtain an absolute divorce and it become successful, the Philippines will not recognize it here because our laws do not recognize divorce.
a. Art 26 FC only recognizes an absolute divorce initiated by an alien spouse (married to a Philippine citizen). Thus, the divorce must be sought by the alien and not the
Filipino. Insofar as the Filipino is concerned, his status shall be married even if he is the one who procures the divorce decree.
2. Divorce means the legal dissolution of a lawful union for a cause arising after marriage.
Absolute Divorce (VinculoMatrimonti) Limited Divorce (Mensa Et Thoro)
It terminates the marriage. An absolute divorce may follow after the lapse of prescribed It suspends it and leaves the bond in full force. A conditional or provisional judgment of
period during which no reconciliation is effected. divorce is the same as separation from bed and board.
3. Foreign decrees of absolute divorce granted to Filipinos are generally refused by our courts:
a. Reasons:
i. We adhere to the Nationality Theory. A divorce decree affects or involves status and condition of parties.
ii. Absolute divorce is contrary to our public policy. Par 3, Art 17 NCC declares that such declaration of public policy cannot be rendered ineffective by a
judgment promulgated in a foreign country.
iii. We adhere to the Principle of Locus RegitActum (marriage valid where celebrated is also valid in the Philippines). However, if parties remarry outside the
Philippines despite the unrecognized absolute divorce, NCC deems it a bigamous marriage which is an exception to the rule. Bigamous marriages are void
as against public policy.
iv. Even if one of the parties seek papal dispensation of marriage, such papal dispensation is not recognized in NCC.
b. EXCEPTIONS:
i. Only relative divorce or legal separation, as a GR, is recognized in the Philippines.
ii. Absolute divorce is recognized only among Muslims as provided for in the Islamic Law on family relations. (See illustrations in Notes on Conflict of Laws
under General Principles Quick Look)
4. Foreign decrees of divorce shall be recognized in the Philippines if it is procured by the alien spouse (for mixed marriages wherein an alien is married to a Philippine citizen).
a. Elements:
i. There is a mixed marriage wherein there is a valid marriage celebrated between a Filipino citizen and a foreigner.
ii. The alien spouse obtains a valid divorce.
iii. The divorce allows the alien spouse to remarry.
b. The intention of the framers into putting this law is to be a corrective measure to address the anomaly from a marriage between a Filipino, whose laws do not
allow divorce and a foreign citizen, whose laws allow it. The correction is made by extending in the Philippines the effect of the foreign divorce decree, which was
already effective in the country where it was rendered.
i. If the foreign judgment is not recognized in the Philippines, the Filipino spouse will be discriminated—the foreign spouse can remarry while the Filipino
spouse cannot remarry.
ii. A Filipino spouse has the following remedies when her foreign spouse obtains another marriage (without divorce?):
1. Option to undergo full trial by filing a petition for declaration of nullity of marriage under AM 02-11-10-SC
2. Option of courts to recognize a foreign judgment nullifying a bigamous marriage without prejudice to a criminal prosecution for bigamy (See
illustrations in Notes on Conflict of Laws under General Principles Quick Look)
5. A divorce decree obtained abroad may be given res judicata effect in the Philippines.
a. However, before our courts can give res judicata to the foreign judgment for divorce, parties who oppose the judgment must first be given the opportunity to do
so under Sec 50, Rule 39 RC.
i. Effects of judgment of tribunal of foreign country are as follows:
1. In case of judgment on a specific thing, judgment is conclusive upon the title to the thing.
2. In case of judgment against person, it is presumptive evidence of right between parties, their successors-in-interest but it may be repealed by
evidence of lack of jurisdiction, lack of notice to the party, collusion, fraud or clear mistake of law or fact.
ii. With respect to actions in personam (as distinguished from actions in rem), a foreign judgment is only a prima facie evidence of justness of a claim of a
party and thus the contrary must be proved.
6. A foreign divorce decree will only be recognized in the Philippines if the decree is valid according to the national law of the foreigner.
a. The divorce decree and the governing personal law of the alien spouse must be alleged and proven according to our Laws on Evidence.
7. If there is failure to prove national law, the Doctrine of Processual Presumption governs. Under this Doctrine, if the foreign law involved is not properly pleaded and proved,
our courts will presume that the foreign law is the same as our local or domestic or internal law. (See illustrations in Notes on Conflict of Laws under General Principles Quick
Look)
8. Art 26 also applies to parties who were both Filipino citizens at the time of marriage but later on, one of them becomes naturalized as a foreign citizen and the foreign citizen
obtains a divorce decree.
a. The reckoning point is not the citizenship of the parties at the time of celebration of marriage, but their citizenship at the time a valid divorce.
b. Elements:
i. Naturalization of the former Filipino spouse must be proved.
ii. Divorce must be proven as a matter of fact.
iii. It must be proven to conform to the foreign law allowing it.
iv. Foreign law must be proved because our courts cannot take judicial notice of foreign laws.
v. It must be shown that the foreign divorce decree allows the former spouses to re-marry. (See illustrations in Notes on Conflict of Laws under General
Principles Quick Look)
9. Alien spouses have no right to claim the remedy under Art 26(2) FC as it is a substantive right in favor of the Filipino spouse. The proper remedy of the alien is to have the
divorce decree recognized by Philippine courts.
a. Essentially, the law provides the Filipino spouse a substantive right to have his marriage to the alien spouse considered dissolved, capacitating him to remarry. The
capacity to remarry, however, depends on whether the divorce decree allows re-marriage.
b. Thus, the alien’s proper remedy is to prove that his divorce decree allows remarriage instead of assuming it by using Art 26.
Void and Void Voidable

voidable Nature It is inexistent from the time of its performance. It is valid and binding until it is annulled by a competent court.
marriages Susceptibility of convalidation It is not susceptible. It may be validated by prescription or cohabitation.
Effect upon property Rules on Co-ownership shall govern. ACP, unless another system is agreed upon in the marriage settlement.
Effect upon children Children are considered illegitimate under Art 165, subject to a few Children conceived before decree of annulment are considered
exceptions. legitimate.
How marriage may be challenged or It may be attacked directly or collaterally. Judicial declaration is necessary.
impugned
Who may challenge the marriage Anyone who is directly affected, Only one of the contracting parties.
When may marriage be challenged It may be impugned even after the death of one of the contracting It can no longer be challenged after one of the contracting dies.
parties.
Necessity of judicial declaration It is not necessary to establish invalidity but for purpose of It is necessary to establish the invalidity of the marriage.
remarriage, there must be a judicial declaration of nullity.
Void Marriages:
1. Action or defense for declaration of nullity shall not prescribe.
a. : Art 36—in case of psychological incapacity, action for declaration of nullity of marriage prescribes in 10 years after its celebration.
2. Either the husband or wife can file the action to declare the marriage void, including even the psychologically incapacitated.
Grounds
Void from the Beginning 1. When one party is below 18 years of age, even with parental consent.
(because of lack of 2. Solemnizing officer actually has no legal authority to perform the marriage.
requisites) 3. Lack of marriage license.
4. Bigamous or polygamous marriages
5. Marriage through mistake of identity of the party
6. Subsequent marriage when one of the parties failed to part and distribute the former spouses’ property and deliver the children’s
presumptive legitimes after a judgment of annulment or of absolute nullity of previous marriage.
Void during Marriage One or both parties suffer psychological incapacity.
Void due to Incest 1. Between ascendants and descendants

2. Between brothers and sisters
Void by Public Policy 1. Collateral relatives up to the 4th degree.

2. Stepparents and stepchildren
3. Parents in law and children in law
4. Adopting parent and adopted child
5. Surviving spouse of adopting parent and adopted child
6. Adopting parent and surviving spouse of adopted child
7. Adopted child and legitimate child
8. Adopted children
9. One, with the intention of marrying the other, killed his own spouse or the other’s spouse
Note on Bigamous or Polygamous Marriages not falling under Art 41 on Presumptive Death:
1. In order to remarry, absolute nullity of previous marriage must be invoked on the basis solely of a final judgment declaring such previous marriage void.
a. Prior declaration of a void marriage before remarriage is needed so that spouse cannot be charged with Bigamy.
b. Action for annulment of previous marriage is not a prejudicial question of bigamy. Under law, a marriage (even those void or voidable) are deemed valid unless
otherwise declared in a judicial proceeding. Even if a party eventually obtains a declaration that his first marriage is void ab initio, both first and second marriages
were subsisting before the first marriage was annulled.
c. Art 40 applies only to a situation where a previous marriage suffers from nullity while the second does not. It does not apply if the first marriage does not suffer any
defect while the second is void.
d. This requirement applies to marriages entered into after effectivity of FC, regardless of first date of marriage. Art 256 FC has a retroactive effect as long as it does not
prejudice or impair vested or acquired rights. Art 40 is a rule of procedure.
2. GR: A marriage contracted by any person during the subsistence of a previous marriage shall be null and void.
a. : Before celebration of subsequent marriage, prior spouse has been absent for 4 years and the present spouse has a well-founded belief that the absence spouse
already died.
i. In case of danger of death, 2 years shall be sufficient.
ii. For purposes of contracting a subsequent marriage, the present spouse must institute a summary proceeding for declaration of presumptive death of the
absentee. This is without prejudice to the reappearance of the absence spouse.
3. There is a valid bigamous marriage, provided the requisites for declaration of presumptive death of spouse are present.
a. Requisites:
i. Spouse is absent for 4 years are 2 in case of danger of death.
ii. Present spouse must havea well-founded belief that the absent spouse was already dead.
iii. Present spouse must institute a summary proceeding for declaration of presumptive death.
b. Art 41 for purposes of Remarriage and Art 83 for mere Presumption of Death (Check Memaid):
Art 41 Presumptive Death for Purposes of Remarriage Art 83 for Mere Presumption of Death
Minimum period of absence in case of 2 4
danger of death
Difference There must be a well-founded belief that the absentee is already There is no such requirement.
dead.
Need for summary proceeding
4. Subsequent marriage after presumptive death shall be automatically terminated once an affidavit of reappearance of the absent spouse is recorded
a. : if the previous marriage was actually declared ab initio by final judgment
b. A sworn statement of fact and circumstances of reappearance shall be recorded in the civil registry where the parties to the subsequent marriage reside. It may be
filed at the instance of any interested person with due notice to the spouses of the subsequent marriage. The filing of affidavit of reappearance does not prevent and
dispute to its truth filed for judicial determination.
5. Remedy against fraudulent declaration of presumptive death is an action for annulment of judgment and not mere filing of reappearance.
a. This is because Affidavit of Reappearance will only terminate the subsequent marriage but not the other effects of being declared dead.
b. Grounds of Annulment of Judgment shall be in RC such as extrinsic fraud and lack of jurisdiction.
6. Termination of subsequent marriage under Art 43 refers preceding Article. “Preceding article” refers only to “valid bigamous marriages” due to presumptive death that are
terminated because of the recording of affidavit of reappearance of absent spouse. This does not apply to bigamous marriages.
a. My notes:
i. Relate ground of Art 35 to Art 41 (“bigamous or polygamous marriages not falling under Art 41”.
ii. Art 41 or a subsequent marriage after presumptive death is terminated under Art 42. Art 41 says, that “a marriage contracted by any person during the
subsistence of a previous marriage shall be null and void”.
iii. Effects of termination under Art 43 refers to Art 42.
iv. If you read Art 45, it says that if both spouses in a “valid bigamous marriage” are in BF, the marriage shall be void ab initio or void from the beginning. Thus,
differentiate “null and void” and “void ab initio”.
One spouse of second marriage is in GF One spouse of the second marriage is in BF Both spouses in the second marriage is in BF
GF and BF GF means one who has followed the requirements for declaration of presumptive death.
BF means he did not follow the requirements for declaration for presumptive death before acquiring he subsequent marriage.
Status of the Subsequent marriage shall be automatically terminated. The marriage is void ab initio.
marriage This means, the marriage was valid but it now has to stop. The marriage is void from the beginning. It never
became valid. The exemption of Art 41 shall be
reverted back as a “bigamous marriage” under Art 35.
It is not a case of exception.
Status of the Children who were conceived before termination of the second marriage shall be considered Children are considered illegitimate.
children legitimate.
Conjugal The subsequent marriage has an Spouse in BF shall be deprived of his share in the net profits There is no ACP or CPG. Only properties acquired by
properties existing ACP and CPG and it shall be of the ACP and CPG. both through actual joint contribution shall be owned
dissolved and liquidated according to by them in common.
Art 102 and 129.
Share in net He has his own share share in his net Share in the net profits (net remainder of the subsequent If party has a previous marriage, his share in the actual
profits profits (net remainder of the marriage) shall go to the following: joint contribution of money, property or industry shall
subsequent marriage) 1. Common children (of the spouse who accrue to the existing valid marriage.
He will only have a share in the spouse contracted the subsequent marriage in BF and
in BF’s net profits if there are no the second spouse) If party is in BF but is not married to another, his share
common children and no children of the 2. If there are no common children between them, to the Co-Ownership shall be for:
guilty spouse in the previous marriage. the children of the guilty spouse by a previous 1. Common children (of subsequent marriage)
marriage (children of the first marriage) 2. Their descendants
3. Innocent spouse (second spouse)
Donations by Donations by reason of marriage shall Donations made to him shall be revoked by operation of All donations by reason of marriage shall be revoked by
reason of remain valid. law. operation of law.
marriage
Designation in Innocent spouse may revoke the designation of the spouse
insurance policy in BF, even if stipulated as irrevocable.
Testate and Disqualified to inherit from the innocent spouse by testate Disqualified to inherit from the innocent spouse by
intestate and intestate succession. testate and intestate succession.
succession
Note on Psychological Incapacity:

1. A marriage contracted by any party who was psychologically incapacitated to comply with essential marital obligations of marriage at the time of celebration of marriage,
shall render the marriage void even if the incapacity becomes manifest only after its solemnization.
a. Reasons why psychological incapacity is a ground for declaration of nullity of marriage:
i. New Code of Canon Law itself provides it as a ground for declaration of nullity of marriage.
ii. Parties who have church-annulled their marriages may use it as a cause of action in civil courts.
iii. Marriages exist in name only because parties are separated from each other due to the inability of one to perform essential obligations of marriage.
2. Psychological incapacity is the mental incapacity (not physical) of a party to be truly cognitive of basic marital covenants under Art 68. This includes mutual obligations to live
together, observe love, respect and fidelity and render mutual help and support.
a. This is confined to the most serious of personality disorders, demonstrative of the insensitivity and inability to give meaning and significance to the marriage.
b. Requisites:
i. This must exist at the time the marriage was celebrated.
ii. It must demonstrate insensitivity and inability to do marital obligations.
iii. It must be a serious personality disorder, meaning it is mental and not physical incapacity.
iv. Requirements of gravity, judicial antecedence and incurability must be present
c. “It must demonstrate insensitivity and inability to do marital obligations.”

i. Marital obligations are those provided under Art 68-71, 220, 221 and 225:
1. Live together, observe mutual love, respect and fidelity, render mutual help and support.
2. Fix the family domicile.
3. Be jointly responsible for support of the family.
4. Manage the household
5. Exercise parental authority
6. Be civilly liable for injuries and damages caused by acts or omissions of their unemancipated children living in their company
7. Exercise legal guardianship over property of the child.
d. “It must be a serious personality disorder, meaning it is mental and not physical incapacity.”
i. It must be shown that the unfaithfulness is a manifestation of a disordered personality which makes the spouse completely unable to discharge marital
obligations and not merely because of ardent wish to have a child of his own.
ii. It is a malady so grave and so permanent as to deprive one of awareness of duties and responsibilities of matrimonial bond.
3. FC has not given any examples of psychological incapacity so as not to limit the application of Art 36.
a. However, psychological incapacity to discharge the essential marital obligations may be made manifest in such instances without being limited ot the following:
i. Spouse refuses to dwell with and subsequently leaves the husband without his fault.
ii. Spouse leaves the spouse without any justifiable cause.
iii. Spouse refuses to have sex.
iv. Wife refuses to have children.
v. There is unbearable jealousy on the party of either party, making the common life of parties unbearable
vi. Immaturity or where there is lack of rational judgment and responsibility as when husband refuses to support the family
vii. Husband or wife cannot shoulder the heavy responsibility of being a parent.
viii. Consistent lying and paranoid jealousy. A person unable to distinguish between fantasy and reality would be unable to comprehend the legal nature of the
marital bond, much less its psychic meaning and corresponding obligations including parenting.
ix. If condition of homosexuality, lesbianism or sexual perversion, existing at the inception of marriage, is of such degree as to prevent any sexual intimacy,
these may qualify as a ground for psychological incapacity.
4. It is not enough hat a spouse failed to meet his responsibility and duty as a married person. It must not be mere refusal, neglect, difficulty or ill-will. It is essential that he
must be shown to be incapable of doing so due to some psychological and physical illness.
a. There is no psychological incapacity in the following:
i. Mere showing of irreconcilable differences and conflicting personalities.
ii. Abandonment, sexual infidelity and perversions; emotional immaturity and irresponsibility must be accompanied with manifestations of a disordered
personality. Without it, these are grounds for legal separation at best.
iii. Extremely low intelligence cannot be taken independently but must stand on its own.
5. Researches and findings in psychological disciplines as well as decisions of church tribunal may give persuasive effect or serve as a guide to interpretation of the term,
“psychological incapacity”.
6. Totality of evidence is sufficient to establish psychological incapacity as a ground for declaring the marriage void.
a. Molina Doctrine for guidelines in interpretation and application of Art 36:
i. The burden of proof to show the nullity of marriage belongs to the plaintiff. Any doubts should be resolved in favor of existence and continuation of
marriage.
ii. Root cause must be:
1. Medically or clinically identified
2. Alleged in the complaint
3. Sufficiently proven by experts
4. Clearly explained in the decision
iii. It must be psychological, not physical. It must be characterized by gravity, judicial antecedence and incurability.
iv. It must be proven to be existing at the time of celebration of marriage.
v. It must be medically or clinically permanent or incurable.
vi. It must be grave enough to bring about the disability of the party to assume the essential obligations of marriage.
vii. Marital obligations must be those embraced by Art 68-71 FC as regards the husband and wife, and Art 220, 221 and 225 to parents and their children. Non-
compliance must be alleged in the petition, proven by evidence and included in the decision.
viii. Interpretations of National Appellate Matrimonial Tribunal of the Catholic Church should be given great respect by courts, but it is not controlling or
decisive.
ix. Trial court must order the prosecuting attorney or fiscal and Solicitor General to appear as counsel for the State.
b. There is no requirement that the respondent should be examined by physician or psychologist as a condition sine qua non for such declaration.
i. A physician’s examination is ton require if the totality of evidence presented sufficiently establishes psychological incapacity. It is enough that the three
basic requirements of gravity, juridical antecedence and incurability must be present.
ii. The basic requirements do not require examination from a physician to declare the incapacity because the root cause may be medically or clinically
identified.
Notes on Void because of Public Policy:

1. Under the FC, the following can now marry:
a. Brother in law and sister in law
b. Stepbrother and stepsister
c. Guardian and ward
d. Adopted and illegitimate child of the adopter
e. Adopted son of the husband and adopted daughter of the wife.
f. Parties who have been convicted of adultery or concubinage.
2. If the marriage was solemnized during effectivity of NCC (before August 30, 1950), the following marriages are void:
a. Stepbrother and stepsister
b. Father in law and daughter in law
c. Mother in law and son in law
d. Adopted son and adopted daughter of same adopting parents
3. The ground of killing his spouse is the only instance in the old law where a person is absolutely disqualified from getting married.
a. Such conviction reveals complete moral perversion. However, Art 38(9) FC improves Art 80(6) by stating expressly that the act of one party of killing his own spouse or
the other party’s spouse was “with intention to marry”, which requirement does not appear in Art 80(6) NCC. In other words, a simple homicide, not connected with
marriage would not prevent such marriage.
b. In fact, if the surviving spouse of the victim of the homicide agrees to marry the killer, the former is deemed to have forgiven the latter, who on his part can make
reparation for his crime to the widow and children of his victim.
c. Moreover, Art 38(9) FC does not need conviction in a criminal case. The fact of killing committed by one of the parties can be proved in a civil case. Before effectivity
of FC, conviction in a criminal case is necessary.
d. Thus, when assessing a problem about this ground, qualify the answer. If the killing was for the purpose of removing the other’s spouse or own spouse as an obstacle
to the marriage of another, the subsequent marriage shall be void. If there is no such intention, the marriage shall be valid.
Voidable Marriages:
1. Voidable marriages are valid marriages until declared as null and void by the courts.
a. Grounds:
i. Either party was 18 years old or over but below 21 and the marriage was solemnized without the consent of the parents, guardians, or person having
substitute parental authority over the party.
ii. Either party was of unsound mind.
iii. Consent of either party was obtained by fraud.
iv. Consent of either party was obtained by force, intimidation or undue influence.
v. Either party was physically incapable of consummating the marriage with the other.
vi. Either party was afflicted with sexually-transmitted disease.
b. “Either party was 18 years old or over but below 21 and the marriage was solemnized without the consent of the parents, guardians, or person having substitute
parental authority over the party”.
i. The action or annulmentwas sought in behalfof the party who is 18-21.
ii. : After attaining 21, the party freely cohabitated with the other and both lived together as husband and wife.
c. “Either party was of unsound mind.”

i. : When the party came to his reason, he freely cohabitated with the other as husband and wife.
ii. Sane spouse must have no knowledge of the other’s insanity .
d. “Consent of either party was obtained by fraud.”

i. The following constitute Fraud:
1. A party did not disclosure his previous conviction by final judgment of a crime involving moral turpitude.
2. The wife concealed the husband that another man got her pregnant at the time of the marriage.
3. A party concealed that he had a sexually-transmitted disease that existed at the time of the marriage regardless of its nature.
4. A party concealed that he had drug addiction, habitual alcoholism, homosexuality or lesbianism that existed at the time of the marriage.
ii. That fact that the party misrepresented or deceived another of his character, health, rank, fortune or chastity shall not be considered Fraud that will give
grounds for an action for annulment.
iii. It is concealment of homosexuality and not homosexuality itself that constitutes fraud.
iv. Pregnancy in an advanced state cannot be considered fraud because it cannot be concealed.
e. “Consent of either party was obtained by force, intimidation or undue influence.”

i. : When force, intimidation or undue influence disappeared, the party freely cohabitated with the other as husband and wife.
ii. Mere intimidation is not enough. Threat must be unjust or illegal.
f. “Either party was physically incapable of consummating the marriage with the other.”
i. Incapacity must be continuing and appears to be incurable.
ii. The test to determine whether or not a person is physically incapable of consummating the marriage is not the capacity to reproduce but the capacity to
copulate or have sexual intercourse. This refers to the impotency or inability to perform the sexual act, not sterility or inability to procreate.
1. Requisites:
a. Either party was physically incapable of consummating the marriage with the other at the time of the marriage.
b. Incapacity is continuing.
c. It appears to be incurable.
d. It was unknown to the other party at the time of the marriage.
iii. “It was unknown to the other party at the time of the marriage”
1. This is an added requisite because:
a. #5, Art 45 declares that the person who can bring the action for annulment on the ground of physical incapacity is the injured party.
If the other party was aware that her spouse is impotent at the time of the celebration of marriage, she cannot be considered an
injured party.
b. Equitable Principle of Estoppel applies because once the party marries the impotent despite the condition, it is presumed that she is
renouncing copulation which is a purely personal right.
c. There is no marriage requirement imposed by our law. Even when one of the parties reached the age when copulation is no longer
possible, marriage is still valid.
2. Caveat:there is another view that holds that marriage can still be annulled because if #2 and #6 Art 91 NCC is compared before it was repealed
by FC, the provisions show that even when a party is aware of the impotency of the other, she can still institute an action or annulment.
However, it is submitted that these provisions are about when damages are recoverable and and not about the voidable character of marriages.
iv. Unlike other grounds which can be ratified by continued cohabitation, the law does not allow ratification under this ground.Thus, the party is not
estopped from filing an annulment against the impotent spouse as long as she does not know at the time of marriage that her partner was impotent.
v. Doctrine of Triennial Cohabitation: there is a presumption that the husband is impotent if the wife remains to be a virgin after living together for 3
years. The husband has to overcome this presumption.
vi. Relative impotency is where a person is impotent with respect to his spouse but not with another man or woman.
1. Under FC, this may be invoked as a ground for annulment of marriage because physical incapability to consummate the marriage with another
is a ground. An example is where a man may not be able to have a penile erection with his wife but he can have penile erection with another
woman.
g. “Either party was afflicted with sexually-transmitted disease.”

i. STD must be serious and appears to be incurable.
Gigi and Ric, Catholics, got married when they were  What is the status of marriage between Gigi and Ric?
18. Their marriage was solemnized on August 2, Valid. Even if the minister’s license expired, the marriage is valid because Gigi and Ric believed in GF that he had legal authority
1989 by Ric’s uncle, a Baptist Minister in Calamba. to solemnize marriage.Authority of the solemnizing offer as well as the requirement of having at least one party to belong in
the congregation are only formal requisites. The law provides that GF cures the defect.
Ric’s uncle overlooked the fact that his license to Absence of parental consent is cured by their continued cohabitation beyond the age of 21. At this point, their marriage is valid.
solemnize marriage expired a month before and
parties do not belong to his congregation.  What is the status of marriage between Juliet and Ric?
Void. The marriage is bigamous, not falling under Art 41. A subsisting marriage constitutes a legal impediment to re-marriage.
After 5 years of married life and blessed with 2 Juliet is below 18-years of age. The marriage is void even if there is consent from Juliet’s parents. The fact that Ric was not
children, the spouses developed irreconcilable aware of her real age is immaterial.
differences so they parted ways.
 Suppose Ric procured the falsified birth certificate to persuade Juliet to marry him despite her minority. He did
While separated, Ric fell in love with Juliet, a 16- not divulge his marriage with Gigi. What action can Juliet take against him?
year old college sophomore. They decided to get She can file an action for declaration of nullity of marriage on the ground that he willfully caused loss or injury to her in a
married with the consent of Juliet’s parents. She manner that is contrary to morals, good customs and public policy under Art 21.
presented to him a birth certificate showing that she She can also bring criminal ctions for seduction, falsification, illegal marriage and bigamy.
is 18 years old. Ric never doubted her age or the
authenticity of her birth certificate.  If you are the counsel for Gigi, what actions will you take to enforce and protect her interests?
I would file an action to declare the marriage between Juliet and Ric null and void ab initio, and for Ric’s share in the Co-
They got married in a Catholic church in Manila. A Ownership of that marriage to be forfeited in favor of the marriage between Gigi and Ric.
year after, Juliet gave birth to twins, Aissa and I would also file an action for damages against Ric on the grounds that his acts constitute an abuse of right and they are
Aretha (2006 Bar) contrary to law and morals, causing damages to Gigi.
2. Parties who may commence an action for annulment of voidable marriage are:
Grounds Parties Period
Either party was 18 years old or over but below 21 and Parent, guardian or person having legal charge of the Any time before party has reached 21.
the marriage was solemnized without the consent of the minor
parents, guardians, or person having substitute parental Party whose parent or guardian did not give consent 5 years after attaining 21.
authority over the party.
Either party was of unsound mind. Sane spouse Any time before death of either party
Any relative, guardian or person having legal charge of the
insane
Insane spouse During a lucid internal or after regaining sanity.
Consent of either party was obtained by fraud. Injured party 5 years after discovery of fraud
Consent of either party was obtained by force, 5 years from time force, intimidation or undue influence
intimidation or undue influence. disappeared or ceased.
Either party was physically incapable of consummating 5 years after marriage
the marriage with the other.
Either party was afflicted with sexually-transmitted
disease.
Common Provisions on Both Void and Voidable Marriages:

1. Upon filing of action:
a. In all cases of annulment or declaration of absolute nullity of marriage, Court shall order the prosecuting attorney or fiscal assigned to appear on behalf of the
State to take steps to prevent collusion between parties and to take care that evidence is not fabricated or suppressed.
i. No judgment shall be based upon stipulation of fact or confession of judgment.
b. Party in an action cannot be declared in default. Granting annulment by default will result to collusion.
i. Collusion is suspected when the defendant does not file an action or contest the action despite service of summons. Hence, it is the duty of the Court to
order the prosecutor to prevent collusion between parties and to take care that evidence to be presented is not fabricated or suppressed.
c. Non-intervention of the prosecuting attorney is not fatal to the validity of proceedings (Tuazon vs. CA, GR 116607).
d. OSG can intervene in an action to nullify a marriage.
i. Under EO 292 (Admin Code), SOLGEN is the principal law officer and legal defender of the Government.
1. Prosecuting attorney or fiscal actively represents the State before the RTC.
2. OSG takes over once the case is elevated to CA or SC. Since it shall be eventually be responsible for taking the case to appellate courts when
circumstances demand, OSG can already exercise supervision over conduct of prosecuting attorney before RTC.
2. During pendency of action:

a. Court shall provide for:
i. Spouses Support
ii. Common Children’s Support and Custody, both if there are no adequate provisions in a written agreement between spouses.
iii. Visitation rights of other parent
b. Court shall give paramount consideration on moral and material welfare of children and their choice of parent they wish to remain with.
i. Choice of children refers to children over 7 years of age.
ii. Under Art 213 FC, no children under 7 years old shall be separated from the mother, unless the court fines compelling reasons to order otherwise.
3. Declaration of Judgment:
a. For marriages declared void ab initio because it was entered when there was no final judgment declaring the previous marriage void (Art 40), and for voidable
marriages (Art 45), effects under Par 2-5 Art 43 and Art 44 shall also apply:
i. Share in the net profits of the party who acted in BF shall be forfeited in favor of the common children. If there are none, children of guilty spouse by a
previous marriage. In default of children, the innocent spouse.
ii. Donations by reason of marriage shall remain valid, except that if the donee contracted the marriage in BF, such donations made to said donee shall be
revoked by operation of law.
iii. Spouse who contracted the marriage in BF shall be disqualified to inherit from the innocent spouse by testate or intestate succession.
iv. If both spouses acted in BF, donations by reason of marriage and testamentary dispositions made by one in favor of the other shall be revoked by
operation of law.
b. Final judgment shall provide, unless previously adjudicated in previous judicial proceedings:
i. Liquidation, partition and distribution of properties of spouses
ii. Custody and support of common children
iii. Delivery of the children’s presumptive legitimes(Why? Because these are distributed while the the person is alive and with properties during the marriage,
therefore not necessary the totality of the inheritance the children will get from the person).
c. Notification of judgment:
i. All creditors of spouses as well as of the ACP shall be notified of the liquidation.
1. Art 147 and 148 apply when marriage is declared ab initio.
d. Judgment of annulment or absolute nullity of marriage, partition and distribution of properties and delivery of presumptive legitimes shall recorded in the
appropriate civil registry and registry of properties. Otherwise, it shall not affect third persons.
i. If not recorded in the civil registry, subsequent marriage of either of former spouses shall be null and void.
ii. It is only after complying with this requirement that either spouse may marry again.
4. Partition:
a. Conjugal dwelling and the lot on which it is situated shall be adjudicated with Art 103 and 129:
i. It shall be adjudicated to the spouse with whom the majority of their common children shall choose to be with.
ii. Children below 7 are deemed to have chosen the mother, unless the court decides otherwise.
iii. If there is no majority of children, the court shall decide.
b. Net remainder which are considered the profits:

i. Presumptive legitimes of the children:
1. Its value shall be computed as of the date of final judgment of trial court.
2. It shall be delivered in cash, property or sound securities, unless the parties have already provided for it in their agreement and the court
approved on that agreement.
3. Children or their guardian, or trustee of their property may ask for enforcement of the judgment of partition.
4. Delivery of presumptive legitimes must not prejudice ultimate successional rights of the children accruing upon death of either or both parents.
But the value they receive upon decree of annulment or nullity shall be considered advances on their legitimes.
5. Issuance of Decree of Declaration of Absolute Nullity of Annulment of Marriage

a. The court shall issue the decree after:
i. Registration of entry of judgment granting the petition for declaration of nullity or annulment of marriage in the Civil Registry where the marriage is
celebrated and in the Civil Registry of the place where the FC is located.
ii. Registration of approved partition and distribution of properties of spouses in the property RD where the real properties are located.
iii. Delivery of children’s presumptive legitimes in cash, property or sound securities (AM 02-1810-SC).
b. Decree in the Civil Registry where the marriage was registered, the Civil Registry of the place where the FC and in the National Census and Statistics Office is the
best evidence to prove declaration of absolute nullity or to serve as notice to third persons concerning properties of spouses and of presumptive legitime
delivered to children.
6. Status of children:
a. Children conceived or born in a marriage that is void ab initio are illegitimate because they are children born outside a valid marriage.
b. Children conceived or born before termination of marriage due to recording of reappearance of absent spouse shall be legitimate.
c. Children conceived or born before judgment absolute nullity under Art 36 (psychological incapacity) shall be considered legitimate.
d. Children conceived or born final and executory decree of annulment of marriage under Art 45 (voidable marriages) shall be legitimate. This is because voidable or
annulled marriages are valid under annulled.
e. Children conceived or born of the subsequent marriage under Art 53 (non-compliance of partition and distribution of properties and presumptive legitimes) shall be
legitimate even if the subsequent marriage shall be void.
C. Legal Separation (18)

Grounds and Legal separation is the separation of the husband wife from bed and board without having the marriage bond severed.
defenses Legal separation Separation of property
Suspension of subject It is suspension of common life of husband and wife covering their It is suspension only of property relations of husband and wife. Hence, husband
matter persons and properties. and wife may still be living together. However, their ACP/CPG is dissolved.
Agreement of parties It cannot be granted on mere stipulation of facts, confession of Before marriage, it can be granted through a marriage settlement.
judgment or agreement of parties. After marriage, it can be through agreement but subject to the court’s approval.
Separation of subject It necessarily involves separation of property. It does not necessarily involve separation of spouses.
matter
Legal separation Separation de facto
Effectivity Only be decree of court At any time, without need for a court order.
Rights to the conjugal Legal separation results to dissolution of ACP or CPG. Their property relations still remains, no matter how guilty one party is.
property The share of guilty spouse in the net profits is forfeited. They are still heirs of each other, unless the innocent party disinherits the guilty
He cannot also inherit from the innocent spouse. party in his will.
Legal separation Annulment

Status of marriage Not defective Defective
Occurrence of grounds Grounds arise only after marriage. Grounds must exist at the time of or before marriage.
Remarriage They cannot remarry because they are still married to each other. They can remarry again as the marriage it set aside.
Number of grounds 10 grounds 6 grounds
Notes on Grounds:
1. Grounds are:
a. One spouse directs repeated physical violence or grossly abusive conduct against the petitioner, their common child or separate child (in a previous marriage) of the
petitioner.
b. He compels the petitioner to change religious or political affiliation through physical violence or moral pressure
c. He induces he petitioner, their common child or separate child (in a previous marriage) of the petitioner to engage in prostitution or he connives with with another.
d. He is sentenced into imprisonment of more than 6 years by final judgment, even if pardoned.
e. He is a drug addict or a habitual alcoholic.
f. He is a homosexual or lesbian.
g. He contracted a subsequent bigamous marriage between in the Philippines or abroad.
h. He is a pervert or he commits sexual infidelity
i. He makes an attempt against the life of the petitioner.
j. He abandons the petitioner without justifiable cause for more than one year.
2. “He contracted a subsequent bigamous marriage between in the Philippines or abroad.”

a. This speaks of the first marriage. It means the first marriage the spouse committed bigamy from will only have legal separation.
b. The second marriage, or the bigamous marriage itself is void ab initio, unless there is presumptive death.
c. If there is no presumptive death, the then first spouse who was fraudulently filed with the presumption will be entitled to file a case of legal separation.
3. “He is a pervert or he commits sexual infidelity”

a. Every act of sexual infidelity is a ground for legal separation. Hence, the prescriptive period begins to run upon the commission of each act of infidelity.
b. A criminal conviction of adultery does not ipso facto disqualify a spouse from his share in the net profits of the conjugal property because he is not pronounced as the
guilty spouse in an action for legal separation.
4. “He made an attempt against the life of the petitioner.”

a. Relate this to MC of Passion-Obfuscation or Death or Physical Injuries under Exceptional Circumstances where the spouse catches the other having an adulterous
relation in flagrante and makes an attempt on the life of the adulterer-spouse.
i. The adulterer-spouse is entitled to file a case of legal separation because attempt on his life is a ground.
ii. However, the spouse who committed the attempt may raise a defense of the Principle “One Must Come to Court with Clean Hands”, to dismiss the action
for legal separation.
iii. As a result, the judge must dismiss the action on the ground of Mutual Guilt of parties. The Constitution protects marriage as an inviolable social
institution. The action for legal interest involves public interest and a decree of legal separation must not be issue if there is a legal obstacle. This is in line
with the policy that the court shall uphold the validity and sanctity of marriage.
b. There is no need for criminal conviction.
What remedies can apply to the  The wife discovers after marriage that her husband has AIDS.
following: Since AIDS is a serious and incurable STD, the wife may file an action or annulment whether this fact was concealed or not from the wife as long as
1. The wife discovers the disease was present at the time of the marriage. The marriage is voidable even though the husband was not aware that he had the disease at
after marriage that the time of marriage.
her husband has
AIDS.  She goes abroad to work as a nurse and refuses to come home after expiration of her 3-year contract.
2. She goes abroad to If the wife refuses to come home for 3 months from expiration of her contract, she is presumed to have abandoned the husband he may file an
work as a nurse and action for judicial separation of property.
refuses to come If the refusal continues for more than 1 year from expiration of her contract, the husband may file an action for legal separation under Art 55(10)
home after expiration on the ground of abandoned without justifiable cause for more than 1 year.
of her 3-year The wife is deemed to have abandoned the husband if she leaves the conjugal dwelling without any intention of returning. Intention not to return
contract. cannot be presumed during the 3-year period of her contract.
3. Husband discovers
after marriage that  Husband discovers after marriage that his wife has been a prostitution before they got married.
his wife has been a If the husband discovers after marriage that his wife was a prostitute, he has no remedy. No misrepresentation or deceit as to character, health,
prostitution before rank, fortune or chastity shall constitute fraud as legal ground for action or annulment of marriage.
they got married.
4. He has a serious affair  He has a serious affair with secretary and refuses to stop.
with secretary and The wife may file an action for legal separation. Husband’s sexual infidelity is a ground for legal separation. She may also file an action for judicial
refuses to stop. separation of property for her husband’s failure to comply with his marital duty of fidelity.
5. He beats up his wife
every time he comes  He beats up his wife every time he comes home drunk (2003)
home drunk (2003) The wife may file the following:
1. An action for legal separation on the ground of repeated physical violence on her person.
2. An action for judicial separation of property for failure of the husband to comply with his marital duty of mutual respect.
3. An action for declaration of nullity of marriage if the husband’s behavior constitutes psychological incapacity existing at the time of
celebration of marriage.
Notes on Defenses Available to the Defendant in an Action for Legal Sparation:

1. Defenses are:
a. Condonation or act of innocent spouse in forgiving the offender subject to the condition that the offense shall not be repeated.
b. Consent or where the spouse agrees to the commission
c. Connivance or act of one spouse in consenting to the commission
d. Mutual guilty or where both parties gave grounds
e. Collusion or agreement that one will commit or appear to commit
f. Prescription of action or where the action was not filed within 5 years from time of occurrence of the cause
2. “Condonation or act of innocent spouse in forgiving the offender subject to the condition that the offense shall not be repeated.”
a. The act of having sexual intercourse with the spouse in spite the knowledge of the latter’s infidelity is an act of implied condonation.
3. “Prescription of action or where the action was not filed within 5 years from time of occurrence of the cause”
a. A court trying a legal separation case may dismiss it on the ground of Prescription even if the defense is not raised. Even if the defense must be raised in an Answer,
the court may dismiss it if it is apparent from the complaint itself.
b. The court can take judicial notice of Prescription because of public policy. The law seeks to preserve the marriage.
Procedure 1. Filing of petition:

a. Only a husband or wife may file a petition for legal separation.
b. It must be filed within 5 years from the time of occurrence of the cause.
c. After filing the petition, spouses shall be entitled to live separately from each other.
i. The wife can already have a residence of her own separate from her husband’s.
ii. Husband no longer has a right to have sexual intercourse. If he forces himself upon her, he can be charged criminally.
iii. Wife cannot be allowed to revert to maiden name.
d. If spouses do not have or did not make a written agreement, the court shall designate one of them or a third person to administer the conjugal properties
(ACP/CPG).
i. The administrator appointed by court shall have the same powers and duties as those of a guardian under RC.
ii. Therefore, administrator cannot alienate or encumber any property of the spouses without court authority.
iii. Under Rule on Provisional Orders (AM 02-11-12-SC), if a spouse without just cause abandons the other or fails to comply with the obligations to the family,
aggrieved party may file an application in order for the court may issue a provisional order appointing him or a third person as receiver or sole
administrator of the common property subject to precautionary conditions it may imposed.
1. Provisional order shall be registered in proper RD and annotated in all titles of properties subject to receivership or administration.
2. Receiver or administrator cannot dispose or encumber common or specific separate property of either spouse without proper authority.
2. Pendency of case:
a. The petition will only be tried after 6 months from filing.
i. The 6-month period is considered the Cooling-Off Period. During this period or in interim, court should takes steps to get the parties to reconcile. This is
underscored by Sec 6 Rule 18.
ii. The court will not issue a decree of legal separation without taking steps to reconcile the parties and satisfying itself that reconciliation is improbable.
b. Regardless, the court will order the prosecuting attorney or fiscal assigned to it to prevent collusion and to ensure that evidence is not fabricated or suppressed.
c. During the pendency of the action, Art 40 shall apply to Spousal Support and Children’s Custody and Support (See Support during Pendency of Case in Void and
Voidable Marriages)
i. Court shall provide for:
1. Spouses Support
2. Common Children’s Support and Custody, both if there are no adequate provisions in a written agreement between spouses.
3. Visitation rights of other parent
ii. Court shall give paramount consideration on moral and material welfare of children and their choice of parent they wish to remain with.
1. Choice of children refers to children over 7 years of age.
2. Under Art 213 FC, no children under 7 years old shall be separated from the mother, unless the court fines compelling reasons to order
otherwise.
The husband filed a criminal complaint of YES. Regardless of whether the payment for Spousal Support should come from the husband’s personal funds or from the conjugal
adultery against the wife and the wife filed property, conviction of adultery can prevent the wife from having Spousal Support.
a complaint for legal separation in
retaliation. In this case, the wife’s petition for legal separation is considered to be filed in BF because it was filed in retaliation. The law does not
During the pendency of the case of legal intend to grant support to an act done in BF.
separation, the wife was convicted of
adultery. She appealed the conviction. Pertinent provisions on Support and correlate with the problem.
1. Art 292 which shares that “Spousal Support and Children’s Support should be taken from the conjugal property while the
Is adultery a defense to deny the wife’s case of legal separation is pending” is not a source of legal right to receive support.
claim of Spousal Support while the legal a. It does not prevent the loss of right to receive support in certain cases.
separation case is not yet final? b. It only shows that a case of legal support is pendency and there is a prima facie showing that the action for legal
separation will prosper. Because if the action is groundless, the mere filing of legal separation will not set the duty
Pertinent provisions on Support and to give Spousal and Children Support under Art 292 in operation.
correlate with the problem above.
2. Art 104 states, “spouses shall be entitled to live separately from each other after the filing of the petition for legal
separation”. Thus, right to receive separate support presupposes the existence of justifiable cause to claim the right to live
separate even if support is taken from the conjugal property.
3. Art 303 states that “obligation to give support ceases when the recipient commits an action that gives rise to a
disinheritance whether the recipient is a forced heir or not”.
a. Once of the grounds for disinheriting a spouse under Art 921 is when he gives cause for a legal separation.
b. Loss of substantive right to support in a situation is incompatible with any claim for Support Pendente Lite or
during the pendency of the legal separation case.
c. My notes: this does not mean that respondent, in all cases has no right to receive support during pendency of the
legal separation case because there is no judgment yet declaring that the respondent indeed gave cause for a
legal separation. This only applies in an exceptional case where the petitioner was convicted first of Adultery
while her case of legal separation is on going.
4. In a provisional sense under Sec 5 Rule 61, the wife’ suit for legal separation will probably fail because she is not an
innocent spouse having been convicted of adultery.
a. Under Art 100, legal separation may only be claimed by the innocent spouse, as long as there has been no
Condonation or Consent to the Adultery or Concubinage, or both spouses should not be offenders.
b. Since legal sepration cannot be claimed by the guilty spouse, the action she filed cannot prosper. Since the action
cannot prosper, there is no reason to award Support Pendente Lite which is claimed by the very fact that an action
is pending. She cannot use the action for the purpose of obtaining support.
3. Issuance of Decree of Legal Separation:

a. No judgment shall be based upon stipulation of fact or confession of judgment.
i. Legal separation cannot be agreed upon extra-judicially. It must be decreed by court. Since an extrajudicial separation is illegal and immoral, it is void.
ii. Court cannot issue a decree of legal separation based on a contract agree to live separately and to look for their own parties. Such decree based upon a
stipulation of facts, if promulgated, shall be void and of no effect.
iii. Art 60 FC does not exclude as evidence any admission or confession made by the defendant outside of court. It only prohibits a decree of separation
upon a confession of judgment. What the law prohibits is a judgment based exclusively or mainly on the defendant’s confession.
1. Confession of judgment usually happens when the defendant appears in court and confesses the right of the plaintiff to judgment, or when he
files a pleading expressly agreeing to the plaintiff’s demand.
2. Even supposing that the statement of the defendant constituted a confession, a decree may be granted if there is evidence of Adultery (or any
ground for legal separation independently of such statement because it shall not be based on her confession.
b. Effects under Art 63:

i. Death of spouse before issuance of the decree:
1. Being personal in character, death of one party while the action of legal separation is pending will cause the death of the action itself.
a. Even if the action involves property rights, action will still be abated or removed. The effects and rights of parties under Art 63 solely
arise because of the decree. Hence, if the action is abated because of death before the court issue the decree, rights of parties will
not lie.
2. The source of these rights is the decree itself.
a. Rights of parties coming from the decree are exclusively personal. Thus, these are non-assignable or intransmissible.
b. Without the decree, such rights do not come into existence, so that before finality of decree, these claims are only rights in
expectation.
c. If death supervenes during pendency of action, there will be no decree. Expected consequential rights and claims would remain
unborn.
ii. Spouses shall be entitled to live separately from each other. However, their marriage bonds shall not be severed.
iii. ACP/CPG shall be dissolved and liquidated.
1. A compromise agreement for separation and division of properties submitted by parties and approved by court is valid. Under Art 134 FC,
separation of property may be effected voluntarily or for sufficient cause, subject to judicial approval. Thus, a compromise agreement may be
judicially approved even if the proceeding was still pending. Voluntary separation is subject to right of all creditors of conjugal property and
other persons with pecuniary interest. (Note: this applies not only to legal separation proceedings, but also to annulment and declaration of
nullity).
iv. Property rights of the guilty spouse:
1. Offending spouse shall not have any right to a share in the net profits of the conjugal property.
2. He shall be disqualified from inheriting by intestate succession and revoked from testate succession.
a. Disqualification to inherit only pertains to intestate succession. The innocent spouse may still subsequently institute the guilty
spouse as his heir after legal separation has been decreed because institution of an heir is his prerogative. However, the institution
before issuance of the decree is considered revoked.
3. Innocent spouse may revoke donations he gave in favor of the offending spouse.
4. He may revoke designation of the offending spouse as beneficiary in an insurance policy even if the designation is stipulated as irrevocable.
v. Custody of children shall be awarded to the innocent spouse, subject to Art 213.
1. Under Art 213 FC, no children under 7 years old shall be separated from the mother, unless the court fines compelling reasons to order
otherwise.
vi. Action to revoke donations is a separate action that must be filed within 5 years after the decree of legal separation has become final.
1. Revocation of donations must be recorded in the registries of property in places where the properties are located and notices of revocation:
2. Alienations, liens and encumberances registered in GF before the recording of action for revocation shall be respected.
3. Revocation or change in designation of insurance beneficiary shall become effective once the insured-offending spouse is given written
notification.
4. Reconciliation of spouses
a. They shall express their intent to reconcile by filing a joint manifestation under oath and duly signed to the court which tried their previous action for legal
separation.
i. Art 66 provides that spouses can stop or abate the proceedings and even rescind a decree of legal separation already rendered by reconciliation.
b. It has the following consequences:

i. If the legal separation proceeding is still on-going, it shall be terminated at whatever stage.
ii. If there is already a decree of legal separation, the decree shall be set aside.
iii. Forfeiture of the guilty spouse in the net profits of the conjugal property shall remain unless the former property regime is revived. How about in
succession, donations and insurance policies?
iv. The court’s order containing the foregoing shall be recorded in the proper civil registries.
c. Agreement to revive the former property regime is a separate agreement that must be executed under oath.
i. It shall specify:
1. Properties that will be contributed once again to the restored regime.
2. Properties that will be retained separately as separate properties.
3. Names of their creditors, the creditor’s addresses and amounts owing to each.
ii. Spouses must submit the agreement of revival under oath with the motion seeking for its approval.
1. It shall be filed with the same court that accepted the action for legal separation and creditors will be given copies.
iii. After the hearing, the court shall take measures to protect the interests of the creditors and in the order they are recorded in proper registries of
properties.
1. In case there are creditors that were not listed in the proper registries or notified, recording of order shall not prejudice them, unless the
debtor-spouse has enough separate properties to satisfy the unlisted creditor’s claim.
Tables of Void marriages Voidable marriages Legal separation

Comparison Ground determined on Ground determined during the Ground by mere entry
the second or subsisting marriage into the marriage
subsequent marriage
Ground Termination because of Psychological incapacity Other grounds
reappearance of
absentee spouse
Status of marriage The subsequent marriage In a way, it is also considered a voidable It is void ab initio or void It is valid until declared annulled It is valid. There is no
was valid but is later on marriage because: from the beginning as if by courts. dissolution of marriage
terminated. In a way, it is 1. Its remedy is an action for no marriage happened but only separation of
a voidable marriage, declaration of nullity which is between the couple. bed and board.
because the second the remedy meant for
marriage is considered a voidable marriages.
“valid bigamous 2. It has a prescription of 10
marriage”. years from celebration of
marriage.
Curability Termination will not The condition itself should not be It cannot be ratified Free cohabitation despite the Condonation can be a
apply only when the first curable. However, it will be considered because a void contract grounds cures the defect, unless form of ratification
marriage was annulled or tolerated if the other spouse does not can never be cured. in the case of impotency where because the party has
declared ab initio by final bring an action to declare the marriage cohabitation cannot cure it forgiven the act, thus
judgment. void within 10 years. provided she did not now that curing it.
her partner was impotent at the
time of marriage.
Exclusivity It has a dual requirement It must be grave, incurable and existing at Grounds are not Grounds are exclusive
of least 2 years of the time of marriage. exclusive.
absence in cases of
danger of death and
well-founded belief that
the spouse is dead.
Unsound mind, It can be a ground as psychological It is not a ground to The act of concealing these and It is the presence of
drug addiction, incapacity if it is grave enough to be make the marriage void not the condition itself that the ground itself that
habitual mental condition that results to failure to ab initio. makes the ground voidable under makes legal
alcoholism, comply with marital obligations. Fraud. The conditions themselves separation.
homosexuality must exist at the time of Condition may also
and lesbianism marriage. appear during
marriage.
Prescription No provision on 10 years Imprescriptible 5 years depending of 5 years from
Prescription. circumstances. occurrence of cause.
Type of Summary Proceeding. Special Proceeding. No judgment on pleadings, summary judgment or confession of judgment shall be allowed.
Proceeding This, judgment may be
rendered based on
affidavits.
Cooling Off Period There is no Cooling Off Period. There is a Cooling Off
Period of 6 months
before the court tries
the action.
Possibility of There is no reconciliation. The court entertains
reconciliation reconciliation even if
there is already a final
decree.
Forfeiture of Forfeiture in net profits If only one spouse to a void marriage is in If both spouses are in If only one spouse to a void Forfeiture in net
share of spouse in (net remainder of the GF, share of the party in BF in the Co- BF, Co-Owner on actual marriage is in GF, share of the profits (net remainder
BF conjugal property) Ownership shall be forfeited. joint contribution of party in BF in the Co-Ownership of the conjugal
money applies. shall be forfeited. property)
If both spouses are in BF, Co-Owner on If spouse is validly
actual joint contribution of money married to another, If both spouses are in BF, Co-
applies. share in Co-Ownership Owner on actual joint
shall go to conjugal contribution of money applies.
property of the valid (double check)
marriage.
Status of children Children conceived or Children conceived or born before Children conceived or Children conceived or born final Legitimate.
born before termination judgment absolute nullity under Art 36 born in a marriage that and executory decree of
of marriage due to (psychological incapacity) shall be is void ab initio are annulment of marriage under Art
recording of considered legitimate. illegitimate because they 45 (voidable marriages) shall be
reappearance of absent are children born legitimate.
spouse shall be outside a valid marriage.
legitimate.
Children conceived or
born of the subsequent
marriage under Art 53
(non-compliance of
partition and
distribution of
properties and
presumptive legitimes)
shall be legitimate even
if the subsequent
marriage shall be void.
D. Rights and obligations between husband and wife

Personal Personal obligations of spouses to each other are:
obligations 1. Live together
2. Observe mutual love, respect and fidelity
3. Render mutual help and support
Family domicile The husband and wife shall fix the family domicile.
1. In case of disagreement, the court will decide.
2. The court may exempt one spouse from living with the other if the other is living abroad or there are other compelling reasons for the exemption. However, this exemption
shall not apply if the ground is not compatible with the solidarity of the family.
Support Spouses are jointly responsible for the support of the family.
1. It shall be paid from community property.
2. If there is no community property, it shall be paid from fruits or income of separate properties.
3. If there is no fruits or income of separate properties or if these are insufficient, it shall be paid from separate properties.
Management Management of household shall be the right and duty of both spouses.
of household 1. It shall be paid from community property.
2. If there is no community property, it shall be paid from fruits or income of separate properties.
3. If there is no fruits or income of separate properties or if these are insufficient, it shall be paid from separate properties.
Remedy on If one of the spouses neglect his duties to the conjugal union or commits acts which bring danger, dishonor or injury to another or to the family, the aggrieved party may apply to the
conjugal duties court for relief.
1. Instances when spouse may establish a separate dwelling:
a. Husband is immoderate and barbaric in his demand for sexual intercourse.
b. Gross insult
c. Maltreatment
2. If one of the spouses abandoned the conjugal home without any justifiable cause, the other souse cannot go to court to order the abandoning spouse to return to the
conjugal home and declare him of contempt if the abandoning spouse still refuses to do so.
a. Obligation of cohabitation is not enforceable by contempt proceedings. Cohabitation is a purely personal obligation—an obligation to do.
b. To compel the spouse to comply with the obligation would be an infringement of personal liberty.
c. However, there are economic sanctions available for the abandoned spouse:
i. Deserting spouse can be denied support as expressly recognized by Art 127.
ii. If denial of support is not possible because of the status of wealth of spouses, court may also award moral damages in cases of breach of other obligations
to do.
iii. Thus, if the spouse not only abandoned her husband without justifiable cause but even secured an absolute divorce in the US and afterwards, got married
again, the husband can recover moral damages.
3. The court will admonish or reprimand the spouse who unjustifiably refuses to fulfill duties but it cannot order for her return.
a. If an order is made, contempt proceedings will not prosper. The only remedy of the husband is to refuse grant of support.
4. Relief of the injured spouse:

a. Case of legal separation if there are grounds for it.
b. Action for declaration of nullity if based on Art 36 if negligence is such that it does not create a functional marital life.
c. Petition for receivership, for judicial separation of property or authority to the sole administrator of conjugal properties.
Profession, Either spouse may exercise any legitimate profession, occupation, business or activity without consent of the other.
occupation, 1. The latter may object only on valid, serious and moral grounds.
business or a. If the husband compels the wife to desist from pursuing a profession or any other conduct which the wife as a right to engage in, it may be considered acts of violence
activity against the woman and he will be liable under RA 9262 (VAWC).
2. In case disagreement, court shall decide on whether or not:
a. Objection is proper
b. Family benefited from it before the objection or after.
i. If the benefit redounded to the family before the objection, ACP/CPG shall be liable for obligations resulting from the transactions of the spouse who
acted without the consent of the other. This is because benefits are in the form of profits or income that have become part of the conjugal property.
ii. If the benefit redounded to the family after the objection, separate properties of spouses shall be liable for obligations resulting from transactions of
spouse who acted without consent of the other.
c. Rights of creditors who acted in GF in transaction with the spouse who did not obtain consent shall not be prejudiced in their rights.
i. Hence, they may go after and hold liable the conjugal properties or separate properties of spouses with whom the creditors contracted.
E. Property relations of spouses (64)

How property Property relations between husband and wife shall be governed in the following order:
relations are 1. Marriage settlements executed before the marriage.
governed 2. Provisions of this Code
3. Local custom
Notes on Property Relations:

1. Under Philippine law, Future spouses may agree upon the regime of ACP, CPG, Complete Separation of Property or any other regime.
ACP CPG Compete separation of property Any other system or regime
Exclusive All properties before and after There are still certain properties It refers to present or future properties or Future spouses may agree on any other kind of
properties celebration of marriage shall that spouses own exclusively and both. economic regime. The only limitation is that
belong to the spouses jointly over which they exercise If separation is partial, the property that are the agreement must not be contrary to law,
save for a few exceptions. exclusive ownership and not agreed upon as separate shall be morals, good customs, public order or public
administration. governed by ACP. policy.
a. If there is no marriage settlement or when the regime agreed upon is void, ACP shall govern.
i. If spouses expressly reject ACP as their regime but did not agree on any other system to govern their property relations, their intention must be
considered. If it cannot be ascertained, local customs of the place shall apply. If there are no local customs that address it, Co-Ownership shall govern.
1. Since property relations of the spouses cannot be governed by ACP because they expressly rejected it in their marriage settlement, Art 74 FC
does not apply. For this purpose, contemporaneous and subsequent acts of the parties must be principally considered. If their intention cannot
be ascertained, apply the local custom of the place. In the absence of local custom, Rules on Co-Ownership shall govern.
2. Property relations of spouses shall be governed by Philippine laws, regardless of place of celebration of marriage and their residence if there is no stipulation to the contrary.
a.  (This rule does not apply):
i. If both spouses are aliens
ii. If properties are not situated in the Philippines and the marriage settlement is executed in the country where the property is located on matters involving
extrinsic validity of the marriage settlement.
iii. If properties are situated in a foreign country whose lose require different formalities for extrinsic validity of the marriage settlement even if the marriage
settlement was entered in the Philippines.
b. Under Art 124 NCC, it is the husband’s national law that governs the property relations if spouses are of different nationalities. This was repealed by Art 80 FC. Hence,
property relations of spouses shall be governed by Philippine laws if one party is a Filipino and the other is an alien.
3. Modifications in the marriage settlement must be made before celebration of marriage, subject to the provisions of Art 66, 67, 128, 135 and 136.
a.  (Instances when there can be modifications in the marriage settlement even after celebration of marriage):
i. Parties agree to revive their former property regime after reconciliation (Art 66-67)
ii. Parties specify which properties are contributed again, and properties retained as separate in their property regime after reconciliation (Art 67)
iii. A spouse file a petition for judicial separation of property because he was abandoned by the other (Art 128)
iv. A spouse files a petition for judicial separation of property for other sufficient causes (Art 135)
v. Parties joint file a petition for voluntary dissolution of property regime (Art 136)
Erasmo married Flora who brought assets into NO, for the following reasons:
the marriage. When Flora died, Erasmo 1. Property relations of spouses cannot be modified during marriage. It can only be done in the marriage settlement entered
claimed ½ of these assets invoking that they before their marriage was celebrated.
executed a contract during marriage whereby a. : In the case of judicial separation of property during their marriage.
all separate properties shall be converted into b. Since Erasmo and Flora’s instrument executed during their marriage does not fall within the purview of the
conjugal properties. Is his claim valid? exception, it is null and void.
2. To allow Erasmo’s claim would be an indirect way of circumventing the ban against donations between spouses during
their marriage provided for in Art 87 FC.
3. To allow his claim would allow an arrangement to defraud creditors. If one or both of them incurred either ante-nuptial
debts or debts during marriage which have not redounded to the benefit of the family and for which the partnership
cannot be held liable.
General General Provisions on Marriage Settlements:

provisions on 1. A marriage settlement is a contract entered by future spouses fixing the property regime that will govern their present and future properties.
marriage a. Requisites:
settlements i. It must be made before celebration of marriage.
ii. It must be in writing, even modifications must be in writing.
iii. It must be signed by parties.
iv. It must be registered in civil registry and property registries in order to prejudice third persons.
v. It must fix the terms and conditions of their property relations.
vi. It must not contain provisions contrary to law, good morals, good customs, public order and policy nor must it be against the dignity of either spouse.
vii. It must have additional signatories and parties in cases of incapacity and civil interdiction.
2. “It must be made before celebration of marriage.”

a. GR: The consideration of a marriage settlement is the marriage itself. If the marriage does not take place, everything stipulated in the settlements or contracts
referred to #4, as well as donations between prospective spouses shall be rendered void.
i. : Stipulations that do not depend upon celebration of marriage shall still be valid.
1. Recognition of children made in the marriage settlement does not depend upon the happening of a marriage. In fact, the document can be used
as an authentic writing to prove filiation of the child, even if the marriage does not push through.
3. “It must be in writing, even modifications must be in writing.”

a. The law only requires that marriage settlements be in writing. It does not require that it must be a public instrument for it to be valid. Hence, if the future spouses
entered into an ante-nuptial agreement, it shall be valid even if it is not notarized.
b. Oral marriage settlements are not valid. Oral marriage settlements cannot also be ratified by any claim of partial execution or absence of objection.
i. : If the marriage is terminated because one of the spouses died, and the surviving spouse marries again without settling the properties of her previous
marriage within 1 year from her former husband’s death, a mandatory regime of Separation of Property shall govern automatically.
4. “It must be signed by parties.”

a. “It must have additional signatories and parties in cases of incapacity and civil interdiction.”
i. A minor may execute a marriage settlement but it shall be valid only if the father, mother, surviving parent or guardian (persons designated to give consent
under Art 14) are also parties to the marriage settlement, subject to Parental Authority under Title 9.
1. The reason why minors can execute marriage settlements even if they cannot enter into a valid marriage at the time they execute it is because
marriage settlements are required to be executed before marriage. Hence, the marriage settlement shall be valid provided they are 18 and
above at the time of celebration of marriage.
ii. If a person sentenced with civil interdiction or is subject to any other disability, guardian appointed by court must be made party to the marriage
settlement.
1. “Any other disability” refers to:
a. Deaf-mutes
b. Spendthrifts
c. Insolvents
2. This does not cover the insane because they cannot contract marriages even with the consent of their parents or guardians.
5. “It must be registered in civil registry and property registries in order to prejudice third persons.”
a. A marriage settlement must be registered in the following in order to bind third persons:
i. Proper local civil registry where the marriage contract was recorded.
ii. Proper registries of property.
Donations 1. Donations by reason of marriage are those which are made before its celebration, in consideration of the marriage and in favor of one or both of future spouses.
Propter a. Requisites of donations, regardless if made by spouses for each other or from strangers made in favor of the spouses:
Nuptias i. Made before celebration of marriage
ii. Made in consideration of marriage
iii. Made in favor of one or both of future spouses
b. Donations must be made in consideration of marriage. It must be made in favor of the spouses and not of those who raised or reared her.
2. These are governed by Rules on Ordinary Donations insofar as they are not modified.
Donations propter nuptias Ordinary donations
Acceptance Express acceptance is not necessary. Express acceptance is necessary.
Extent It includes present and future properties. Only present properties.
Limitation If present property is donated and the property regime is not ACP, the donation is limited to No limitations provided the legitimes are not impairad.
1/5 present property.
Revocation Grounds are found in Art 86 FC and are different from those found in law or donations. It is found in law or donations.
Form It follows those of Ordinary Donations. For donations inter vivos, it must be accepted. For donations mortis
Side note: Art 85 FC repealed Art 127 NCC which provides that form shall be governed by SF. causa, donations that take effect after death is equivalent to donations
made by last will and must follow the formalities prescribed for wills.
a. Following the Rules on Ordinary Donations:

i. Donations inter vivosof personal property (made by both strangers and spouses for reach other) may be in oral or in writing. Donations mortis causa (made
by spouses for future properties) must be in writing. See the significance on filing an action for revocation of DPN by a stranger.
ii. Disqualifications also apply:
1. Donations between those guilty of adultery or concubinage at the time of donation (guilt can be proven by preponderance of evidence).
2. Donations between persons found guilty of the same criminal offense as its consideration.
3. Donations made to a public officer, his spouse, descendants by reason of office.
3. Properties that may be donated by reason of marriage:

a. If the donor is a person other than one of the future souses, he can only donate present property and not future property, subject to the limitations under Art 751,
Ordinary Donations.
b. If the donor is one of the future spouses, he can donate either present or future property, or both subject to limitations.
4. Donations by reason of marriage if these are made by spouses for each other:
a. What can spouses donate to each other:
i. Present properties which shall be governed by Ordinary Donations insofar as they are not modified by Laws on Donation Propter Nuptias.
ii. Future properties which shall be governed by provisions on Testamentary Succession (intrinsic validity) and formalities of wills (extrinsic validity). This is an
exception to Art 752 which states that future properties cannot be donated.
b. Limitation on the value of what they can donate to each other:

Future spouses agree upon a regime other than an ACP or if spouses are living together and If there is no marriage settlement (since ACP is the default
governed by Art 147 or 148 regime) or the settlement imposes ACP
Limitation 1. They cannot donate to each other in their marriage settlements more than 1/5 of their There will be no limitation as to the value of what can be
present property. Excesses are considered void. donated. Why? It’s because it will go to the community
2. For persons living together, rules on Disqualifications on Donationsshall apply. property anyway.
i. Rules on limitation on value does not apply to insurance contracts. A spouse may be a beneficiary over the life of another spouse.
c. Donations of spouses during marriage:

i. GR: These donations are void for the following reasons:
1. To protect unsecured creditors from being defrauded
2. To prevent the stronger spouse from forcing the weaker spouse transfer property.
3. To prevent indirect modification of the marriage settlement.
ii. EXCEPTIONS:
1. Moderate gifts on occasion of family rejoicing. The degree of what is moderate depends on the financial capacity or condition of spouses.
2. Donations mortis causa
iii. Side note:

1. This prohibition applies also to persons living together as husband and wife without a valid marriage.
a. Reasons:
i. Donation was probable due to undue or improper pressure and influence which is greater in extra-marital relations.
ii. As long as marriage remains to be the cornerstone of our family law, morality demand that disabilities which are attached
to marriage should also be attached to extra-marital relations.
2. Art 87 FC repealed Art 134 NCC which provides that, “such donations made between spouses or even indirectly if one of them donate to the
children of the other spouse in a previous marriage, or to persons of whom the other spouse is a presumptive heir, are merely voidable. Donor’s
heirs may file an action or revocation within 5 years after the donor’s death”.
H donated an automobile to his wife. The wife insured the car for 3,000 NO, for the following reasons:
with X Insurance Co. Subsequently, the car was totally destroyed in an 1. X-Insurance had no right to question the validity of the donation because at the time the
accident. donation was made, the donation did not interfere with X’s rights or interests.
a. It is a constant doctrine that only a person who is directly prejudiced by the
X Insurance did not want to pay for the value of the policy on the ground donation at the time when it was made can subsequently question its validity.
that the wife did not have insurable interest in the car as it was donated to
her by her husband and under Art 87 FC, such donation is void. Is this 2. Even assuming that it can invoke Art 87, it has not shown that the donation did not fall
contention correct? into the exceptions of the article.
a. Moderate donations made on the occasion of family rejoicing are excepted from
the application of the prohibition. However, whether or not a donation of an
automobile is moderate depends on the financial circumstances of the donor.
X donated a land to his common-law wife. The two later on got married and YES, but only with respect to ½ of the property. The lack of validity of the donation made by X to his
X subsequently died. formerly common-law wife does not mean that the entire property should be given to Y-sister. Because
of their eventual marriage, the wife is entitled to ½ of the property and the plaintiff, as the surviving
A few months later, X’s sister brought an again to recover the property X sister is entitled to the other half.
donated because she contends that prohibitions of donations between
spouses during marriage should also apply to common-law relations. Will
the action prosper?
5. Donations pertaining to properties with encumberances attached to it is still valid.

a. At the time of the donation, the donor was still owner of the property.
b. Side note: Art 85 FC repealed Art 131 NCC where the donor is required to release the property from mortgages and other encumberances, except for easements.
If the property is sold for less than the amount of the obligation secured If the property is sold for more
Effect in case the encumberance is foreclosed Donee shall not be liable for the deficiency Donee shall be entitled to the excess
6. Donations may be revoked by donor. If the marriage does not push through, donations can be revoked by the donor.
a. GR: Donations by reason of marriage are not revocable.
i. EXCEPTIONS:
1. The marriage is not celebrated or it is declared ab initio, except for donations made in marriage settlements because those stipulations that do
not depend on marriage settlements shall be valid under Art 81.
2. Marriage takes place without consent of parents or guardian, as required by law.
3. Donee acted in BF and marriage was annulled.
4. Donee acted in BF and decree of legal separation is issued.
5. Donee has committed an act of ingratitude.
6. Resolutory condition is complied with.
b. “The marriage is not celebrated or it is declared ab initio”

i. Although the marriage is really a consideration of the donation, the fact of its celebration is not necessary to validate the donation. In other words, the
donation is still valid even if the marriage is not celebrated, although revocable in character.
1. Hence, the non-celebration of marriage is only a resolutory condition which entitles the donor to ask for revocation. If the donor does not file
an action against the spouses within the statutory period of prescription, the donation will be forever valid.
c. “’Donee acted in BF and marriage was annulled”.

X (donor) gave a parcel of land to Y, his wife before they were married. Their marriage NO. Although the marriage was annulled, Y as donee did not act in bad faith. If there was
was eventually annulled because Y discovered that X was previously married. Will X’s anyone who acted in BF, it was donor-X. Under #3 Art 86 FC, a ground for revocation is
suit for revocation of donation prosper? when “the donee acted in BF and the marriage was annulled”. From there, it is clear that
the donation can only be revoked if the marriage is annulled and the donee acted in BF.
d. “Donee has committed an act of ingratitude”

i. Acts of ingratitude can be found in Art 765:
1. Donee commits an offense against the person, honor or property of the donor, or of his wife and children under his parental authority.
2. Donee imputes a criminal offense or any act involving moral turpitude on the donor, even if the donee proves it unless the crime or act was
committed against the donee, his wife or children under parental authority.
3. Donee refuses to support the donor when he is legally or morally bound to give support.
e. A stranger can also file an action for revocation. If such is the case, it shall be under the Ordinary Rules on Prescription:
i. If the donation is in writing, 10 years.
ii. If oral, 6 years.
Regime of ACP General Provisions 1. It shall commence at the precise moment that the marriage is celebrated.
a. Any stipulation that the commencement shall be at any other time shall be void.
2. During marriage, there can be no waiver of rights, interests, shares and effects of the ACP, except in case of judicial separation of property.
a. If there is a waiver of rights, interests, shares and effects in the case of judicial separation or after the marriage is dissolved or annulled, it
must appear in a public instrument and it must be recorded under Art 77.
i. Art 77 states that modifications must be registered in the local civil registry where the marriage contract is recorded as well as in
proper registries of property.
ii. The creditors of the spouse who waived his rights, interest, share and effects may file a petition in court to rescind the waiver up
to the amount that can cover the spouse’s debt to them.
3. Co-Ownership shall apply in matters not provided in this Chapter on ACP.
Community It shall consist of all properties owned by the spouses at the time of the celebration of marriage and acquired after the celebration.
Property Properties the spouses acquired during marriage is presumed to belong to the community.
1. If the donor, testator or grantor expressly provides that the properties, fruits and income a spouse acquired gratuitously during marriage shall go to
the community property.
2. Jewelry shall go to the community property even if it is a spouse’s personal property.
Separate 1. Properties that are excluded in the marriage settlements entered before the marriage.
properties 2. Properties that are otherwise provided in the Chapter on ACP:
a. Properties, its fruits and income that a spouse acquired gratuitously during marriage.
b. Personal properties and properties that the spouse exclusively uses.
c. Properties, its fruits and income, the spouse acquired before he entered the marriage if he has legitimate descendants (children at least)
from a previous marriage.
3. “Properties, its fruits and income that a spouse acquired gratuitously during marriage.”
a. : If the donor, testator or grantor expressly provides hat the properties shall go to the community property.
4. “Personal properties and properties that the spouse exclusively uses.”

a. Jewelry shall go to the community property.
5. “Properties, its fruits and income, the spouse acquired before he entered the marriage if he has legitimate descendants (children at least) from a
previous marriage.”
a. This does not apply when the spouse who contracted the subsequent marriage did not have legitimate children with the deceased spouse.
The purpose of this prohibition is to protect the interests of the children in the first marriage.
Charges upon and Notes on Charges upon the ACP:

obligations of the 1. ACP shall be liable for the following:
absolute a. Spousal support, support of common children and legitimate children of either spouse.
community b. Support of illegitimate children.
c. Debts and obligations for the benefit of the community during marriage.
d. Taxes, liens, charges and expenses upon the community property including major and minor repairs.
e. Taxes and expenses for mere preservation upon the separate property used by the family.
f. Expenses to allow either spouse to commence or complete a professional or vocational course, or other activity for self-improvement.
g. Value of the spouses’ donations or promise to their legitimate children for their children to commence or complete a professional or
vocational course, or other activity for self-improvement.
h. Ante-nuptial debts to the extent that these redounded to the benefit of the family.
i. Ante-nuptial debts that did not redound to the benefit of the family (not falling under #7).
j. Liabilities of a spouse because he was charged with a crime or quasi-delict
k. Expenses of litigation between spouses because they filed a suit against each other, if the suit was found to be groundless.
2. If the ACP is not sufficient to answer for the obligations above, the spouses shall be solidarily liable for the unpaid balance with their separate
properties. My note: in this case, separate properties guaranty the obligations of the ACP.
a.  (The rule does not apply to the following because in the following scenarios, it is the ACP that guaranty the obligation):
ii. Support of illegitimate children.
iii. Liabilities of a spouse because he was charged with a crime or quasi-delict
b. In the exceptions, it is the exclusive property of the spouse that is used to answer for the liabilities. It is only when exclusive properties of
the debtor-spouse are not enough or inexistent that ACP shall answer for it.
c. In effect, the payment the ACP made for these liabilities shall be considered advances which shall be deducted from the share of the
debtor-spouse once the ACP is liquidated.
3. If one of the spouses plays on a game of chance, betting, sweepstakes or any other kind of gambling during the marriage, he shall bear the losses if
he loses. However, if he wins, the winnings will go to the community property.
Notes on Obligations of the ACP:

1. “Spousal support, support of common children and legitimate children of either spouse.”
a. ACP will shoulder support of common children and legitimate children of a spouse.
b. Separate properties will shoulder support of illegitimate children. However, if separate properties are not enough, ACP shall pay for it as an
advance to be deducted from the share of the debtor-spouse upon liquidation.
2. “Debts and obligations for the benefit of the community during marriage.”
a. ACP will shoulder the following debts and obligations:
i. Those contracted by the designated administrator-spouse for the benefit of the community.
ii. Those contracted by both spouses.
iii. Those contracted by one spouse with the consent of the other.
iv. Those contracted by one spouse without consent of the other but to the extent that the family may have been benefited.
b. Debts and obligations must heave been contracted during marriage.
c. There is no presumption that obligations incurred during marriage are charged against the CPG. Before any obligation can be charged
against it, it must first be established that such obligation is among its charges or responsibilities
The husband contracted a YES, Art 122 applies by analogy. ACP can be held liable but subject to the following requisites:
personal obligation which 1. Lack of insufficiency of exclusive property of the spouse
did not redound to the 2. Satisfaction of basic obligations under Art 94
benefit of the family. May
the ACP be held liable for Once the payment has been made, the debtor-spouse becomes a debtor of the ACP. Once the assets are liquidated, he shall be
the obligation? charged for what the ACP paid.
These debts should be included for the following reasons:

1. If assets cannot be held liable, creditors who extended credit relying on the existence of these assets would be
unduly prejudiced.
2. Debts contracted during marriage are more pressing than those contracted before marriage.
However, it is necessary that all or most of conjugal assets should have been acquired through effect or industry of the spouse-
debtor. Otherwise, Art 122 shall apply literally and ACP cannot be held liable.
3. “Ante-nuptial debts to the extent that these redounded to the benefit of the family.”
a. ACP shall shoulder debts that the spouse contracted before marriage to the extent that these redounded to the benefit of the family.
b. Separate properties will shoulder debts that the spouse contracted before marriage but did not redound to the benefit of the family.
However, if separate properties are not enough, ACP shall pay for it as an advance to be deducted from the share of the debtor-spouse
upon liquidation.
X, while single, purchased a house and lot and borrows money to repair it. NO. Under Art 94(7), ante-nuptial debts of either spouse shall be
Later on, he gets married while the debt is still being paid. considered a liability of the ACP insofar as they have redounded to
After the marriage, is the debt still the responsibility of the X alone? the benefit of the family.
4. “Expenses to allow commencement or completion a professional or vocational course, or other activity for self-improvement.”
a. ACP shall shoulder it if the persons to benefit are:
i. Spouse
ii. Their legitimate children
5. “Taxes and expenses”
a. ACP shall shoulder it if:
i. These are applied upon the community property including major and minor repairs.
ii. These are applied to separate properties of spouses but such properties are used by the family.
6. “Litigation expenses”
a. ACP shall shoulder it if the suit is between spouses and such suit was found to be groundless.
b. Separate properties will shoulder liabilities of the spouse if he was charged with a Crime or Quasi-Delict. However, if separate properties are
not enough, ACP shall pay for it as an advance to be deducted from the share of the debtor-spouse upon liquidation.
Ownership, 1. Administration and enjoyment of community property shall belong to both spouses jointly.
administration, a. If there is disagreement, husband’s decision shall prevail.
enjoyment and b. However, the wife may file a petition to the court for recourse within 5 years from the date of the contract implementing the decision.
disposition 2. If one of the spouses is incapacitated or unable to participate in the administration of common properties, other spouse may assume sole powers of
administration.
a. These powers do not include disposition or encumberance without court authority or withoutwritten consent of the spouse.
b. If there is no court authority or spouses’ written consent, disposition or encumberance shall be void. However, the transaction shall be
construed as a continuing offer by the consenting spouse and third person. It may be perfected as a binding contract once the other spouse
accepts it or the court gives its authorization before the offer is withdrawn.
i. Prohibition against encumberance without consent includes lease. In the contract of lease, the lessor transfers his right of use in
favor of the lessee. The lessor’s right is impaired. He may even be ejected by the lessee if the lessor uses the leased property.
The lease is not only an encumberance but also a qualified alienation, with the lessee becoming the owner of the thing affected
by lease subject to its terms and for all legal intents and purposes.
3. A spouse may dispose his interest in the community property by will.
4. A spouse cannot donate any community property without consent of the other.
a. However, the spouse may make moderate donations for charity or on occasions of family rejoicing or family distress without a need for the
other’s consent.
Dissolution 1. ACP terminates when:

a. One of the spouses dies.
b. The court issues a decree of legal separation.
c. The marriage is annulled or declared void.
d. There is judicial separation of property during marriage.
2. Separation in fact between husband and wife will not affect the ACP.
a.  (If a spouse leaves the conjugal home or refuses to live in it without just cause)
i. Abandoning spouse shall lose the right for Spousal Support.
ii. If a transaction requires consent of both spouses, the other may file a judicial authorization in a summary proceeding in lieu of
the other’s consent.
iii. If ACP is not enough, spouses shall be solidarily liable for Support of Family using their separate properties.
iv. A present spouse may file a petition in a summary proceeding for judicial authority to administer or encumber any specific
separate property of the other spouse and use the proceeds to satisfy the other spouse’s share.
Separation de fact Abandonment

Difference It is the cessation of cohabitation or common life of the husband and wife There no intent to return to the conjugal home as well as no
in the same roof. They may still be providing support even if they no longer intent ot comply with obligations to the family.
live together.
3. If the spouse abandons or fails to comply with the obligations (marital, parental or property relations) to the family, the aggrieved-present spouse
may file the following remedies, subject to precautionary conditions the court may imposed:
a. A petition for receivership
b. A petition for judicial separation of property
c. Authority to be the sole administrator of the ACP
4. A spouse is deemed to have abandoned the other when he or she has left the conjugal dwelling without any intention of returning.
a. If he leaves for a period of 3 months, or has failed within that period to give any information as to his whereabouts, such fat shall give rise
to a presumption that he ahs no intention of returning to the conjugal dwelling.
Liquidation Liquidation after dissolution of ACP:

1. Upon dissolution of ACP, the following procedure shall apply:
a. An inventory shall be prepared.
b. Debts and obligations of the ACP shall be paid out of its assets.
c. Whatever remains of exclusive properties of spouses shall be delivered to each of them.
d. Net remainder of assets of ACP shall be its net assets. Net assets shall be divided equally between husband and wife.
e. Presumptive legitimes of common children shall be delivered.
f. Conjugal dwelling and lot on which it is situated shall be given to the spouse with whom majority of the common children choose to stay.
2. “An inventory shall be prepared.”

a. The inventory must list all properties of the ACP and exclusive properties of each spouse.
3. “Debts and obligations of the ACP shall be paid out of its assets.”
a. In case the assets of the ACP are insufficient, spouse aresolidarily liable for the unpaid balance using their separate properties.
b.  (The rule does not apply to the following because in the following scenarios, it is the ACP that guaranty the obligation):
4. “Whatever remains of exclusive properties of spouses shall be delivered to each of them.”
5. “Net remainder of assets of ACP shall be its net assets. Net assets shall be divided equally between husband and wife.”
a. Net assets shall not be divided equally if:
i. Spouse agreed on a different proportion or division in the marriage settlements
ii. One of the spouses made a voluntary waiver of his share.
b. Net profits subject to forfeiture under Art 43 (2) and Art 63 (2), are the increase in value between the market value of community property
at the time of celebration of marriage and the market value at the time of its dissolution.
i. Art 43(2) and Art 63(2) states, “Share in the net profits(net remainder of the conjugal property) shall go to the following:
1. Common children (of the spouse who contracted the subsequent marriage in BF and the second spouse)
2. If there are no common children between them, the children of the guilty spouse by a previous marriage (children of
the first marriage)
6. “Presumptive legitimes of common children shall be delivered.”

a. Its value shall be computed as of the date of final judgment of trial court.
b. It shall be delivered in cash, property or sound securities, unless the parties have already provided for it in their agreement and the court
c. Children or their guardian, or trustee of their property may ask for enforcement of the judgment of partition.
d. Delivery of presumptive legitimes must not prejudice ultimate successional rights of the children accruing upon death of either or both
parents. But the value they receive upon decree of annulment or nullity shall be considered advances on their legitimes (Art 51).
7. “Conjugal dwelling and lot on which it is situated shall be given to the spouse with whom majority of the common children choose to stay.”
a. Children below 7 years of age are deemed to have chosen the mother, unless the court decides otherwise.
b. If there is no majority, the court will decide while considering the best interests of the children.
Liquidation in case of termination of marriage by death:

1. Procedure:
a. If termination of marriage was because of death of a party, ACP shall be liquidated in the same proceeding for settlement of estate.
b. If one of the spouses contracted a previous and a subsequent marriage before effectivity of FC and these must be liquidated
simultaneously, each community’s capital fruits and income shall be determined upon proof according to Rules of Evidence.
2. “If termination of marriage was because of death of a party, ACP shall be liquidated in the same proceeding for settlement of estate.”
a. If no judicial settlement proceeding has been instituted, the surviving spouse shall liquidate judicially or extrajudicially within 1 year (in the
codal, 6 months) from the spouse’s death.
b. Effects if the community property is not liquidated upon lapse of 1 year from the deceased’s death:
i. Dispositions and encumberances involving the ACP shall be void.
ii. If the surviving spouse contracts another marriage without liquidating the previous marriage’s conjugal property, the subsequent
marriage shall have a mandatory regime of Complete Separation of Property.
Liquidation in case or two or more marriages contracted by the same person before effectivity of FC carried out simultaneously:
1. There must first be an agreement of all heirs as to how the properties shall be divided.
2. If there is no agreement, the following procedure shall apply:
a. Each community’s capital fruits and income shall be determined upon proof according to Rules of Evidence.
c. In case of doubt as to which community existing properties belong, it shall be divided between different communities in proportion to the
capital and duration of each.
Regime CPG General Provisions CPG ACP

Nature Spouses are co-owners of all properties they brought into the Only the net profits of the partnership are divided between
marriage, each losing ownership to it, as well as those they the spouses.
acquired during marriage except for Art 92.
Spouses or their heirs will divide everything equally once the

marriage dissolves.
Basis Exclusive properties of spouses are entirely separate and All properties acquired even before marriage become
different from the benefits they acquired during marriage. community property.
This system is not based on mutual trust and confidence and The basis is trust and confidence which will foster unity.
does not enhance the presumption of solidarity between them.
Retention of property Each spouse retains his properties acquired before marriage Spouses do not retain any of their personal property and all
but fruits and income of these properties go to the CPG. properties they own at the time of the marriage become part
of the community property.
How acquired Parties must make a marriage settlement before marriage and It is the default regime under the FC. There is no need for a
indicate there that this will be their property regime. marriage settlement to enter this regime.
Division of property Exclusive properties of the spouses are returned to them. There are no exclusive properties. Thus, it will be easier to
upon dissolution Spouses and their heirs equally divide only the net profits of the liquidate the property because its net remainder is merely
partnership. divided equally between spouses and heirs.
Net gains or benefits the parties acquired shall be divided Net remainder of assets of ACP shall be its net assets.
between them equally, unless there’s another agreement in the Net assets shall be divided equally between husband and wife,
marriage settlements. unless there is another agreement in the marriage contracts or
one of the parties made a voluntary waiver.
Applicable law in Partnership Co-ownership

matters not provided in
their respective
chapters
CPG Ordinary partnership Co-ownership

Creation Operation of law Agreement of parties Law, contract, succession, fortuitous event
or occupancy.
Governing law Governed by law Governed by stipulation of parties
Juridical It has no juridical personality. It has juridical personality separate
personality and distinct from that of the partners.
Purpose Regulate property relations of husband and wife Speculation or gain. Common enjoyment of thing or right
during marriage. owned in common
Management As a general rule, husband is the administrator or All partners are managers unless one Co-owners with controlling interest
manager. or more are appointed in the articles
of partnership.
Division of profits Shares in the profits are equal, unless there is Shares in profits will depend on Shares are proportional to their respective
contrary agreement. agreement and in default, it shall be interests.
in proportion to their respective
contributions.
Disposition of Share cannot be disposed of even with consent Share of a partner may be disposed Co-owners can dispose their shares even
shares of the other. of. without consent of other co-owners.
What can be disposed of is conjugal asset but not
the actual share of the spouse in the liquidation.
Power to demand Spouse cannot demand partition of conjugal Each co-owner can demand ay any time.
partition property except through a judicial order.
Effect of death Partnership is dissolved. It is not affected.
Other VIP Notes:
1. Regime of CPG governs when:
a. Future spouses agree in their marriage settlements.
b. CPG where established before effectivity of the FC, without prejudice to vested rights already acquired in accordance with NCC or other
laws as provided in Art 256 FC.
2. Rules on ACP that are also applicable to CPG:

a. It shall commence at the precise moment that the marriage is celebrated.
i. Any stipulation that the commencement shall be at any other time shall be void.
b. During marriage, there can be no waiver of rights, interests, shares and effects of the ACP, except in case of judicial separation of
property.
i. If there is a waiver of rights, interests, shares and effects in the case of judicial separation or after the marriage is dissolved or
annulled, it must appear in a public instrument and it must be recorded under Art 77.
1. Art 77 states that modifications must be registered in the local civil registry where the marriage contract is recorded
as well as in proper registries of property.
2. The creditors of the spouse who waived his rights, interest, share and effects may file a petition in court to rescind
the waiver up to the amount that can cover the spouse’s debt to them.
3. CPG shall be governed by Rules on Partnership in all matters not in conflict with:
a. What is expressed in the Chapter on CPG
b. What are expressly determined by spouses in their marriage settlements
Conjugal property CPG ACP

Presumption All properties acquired during marriage, whether it appears that the spouses acquired, Properties the spouses acquired during marriage
contracted or registered it in their names or in one of them, is presumed to be is presumed to belong to the community.
conjugal.
Composition Spouses shall put these properties to the common fund. All properties owned at the time of the
1. All proceeds, products, fruits and income from their separate properties. celebration of marriage and acquired after the
2. Proceeds they acquired through their efforts. celebration.
3. Proceeds they acquired through chance.
Conjugal Property:
1. Presumption: All properties acquired during marriage, whether it appears that the spouses acquired, contracted or registered it in their names or in
one of them, is presumed to be conjugal.
a. : It is proved that it pertains exclusively to one of the spouses.
i. The burden of proof is on the party claiming that they are not conjugal.
ii. This is counter-balanced by the requirement that properties must first be proven to have been acquired during the marriage
before the presumption applies.
b. It is not necessary to prove that properties were acquired with the funds of the partnership. As long as the properties were acquired by
the parties during marriage, they are presumed to be conjugal in nature.
i. It is essential that there is proof that the property was acquired during marriage.
1. If on the title, properties were acquired by the wife when she was already a widow, it is an indication that it is her
exclusive property.
ii. Even if the property is acquired for the use of only one spouse and such property was registered in her name, the property shall
go to the CPG if it was acquired during marriage and especially so if it was at the expense of the common fund.
iii. This applies in scenarios where the registration is under the name of one spouse but the money used to pay for the property is
from conjugal funds. The presumption is not rebutted by the mere fact that the certificate of title or tax declaration is in the
name of one spouse only.
c. Whether a property is conjugal or exclusive is determined by law and not by the will of one of the spouses.
i. A spouse cannot unilaterally declare or change the character of conjugal property. A spouse cannot place his status as single to
exclude his spouse from her lawful share.
ii. Cohabitation of a spouse with another person also does not sever the tie of a subsisting previous marriage
2. Unlike ACP, properties will generally go the CPG only when acquired during marriage.
a. Properties acquired through condition or effort:
i. Properties that the spouses acquired by onerous title (there is obligation or consideration to comply before getting it) for the
benefit of the partnership or for only one spouse.
ii. Proceeds and income obtained from one or both spouse’s labor, industry, work or profession
b. Properties acquired by chance:
i. Share in the hidden treasure which the law awards to the finder or owner of property where the treasure is found.
ii. Winnings from gambling or betting
c. Fruits:
i. Fruits due or received from the common property.
ii. Net fruits from the spouses’ exclusive properties.
d. Properties in relation to animals:
i. Those acquired through occupation (no one else owns it) such as fishing or hunting.
ii. Excess number of each kind of livestock when the spouse brought livestock into the marriage.
3. Properties bought on installments paid partly from exclusive funds and partly from conjugal funds:
a. If the ownership of the property bought on installment was vested before marriage, the property shall go to the buyer-spouse.
b. If the ownership of the property was vested during marriage, the property shall go to the CPG.
4. Credit of one of the spouses:
a. If one of the spouses has an amount or credit payable to him within a period of time, the sums or installments he collects during marriage
for payment of the principal shall be his exclusive property.
b. Interests that accrue on the principal up to the time principal is fully paid shall go to the CPG.
5. Improvements on exclusive properties, whether for utility or adornment:
a. If costs of the improvements are shouldered by the CPG, and the resulting increase in value (of the separate property raised by its
improvement) is more than the value of the exclusive property at the time of the improvement, the entire property shall go to the CPG.
b. If costs of the improvements are shouldered by the CPG, and the resulting increase in value (of the separate property raised by its
improvement) is less than the value of the exclusive property at the time of the improvement, the entire property shall go tot the owner-
spouse.
Notes on Conjugal Properties:

1. “Properties that the spouses acquired by onerous title (there is obligation or consideration to comply before getting it) at the expense of the common
fund for the benefit of the partnership or for only one spouse”
a. Cause was paid or done at the expense of common fund.
i. Damages:
1. Compensatory damages are conjugal because it is really the conjugal partnership that suffered.
2. Moral damages are paraphernal.
3. However, if the court awarded different damages to them collectively, it is conjugal.
ii. Insurance policy:
1. If premiums were paid out of conjugal funds, the proceeds must also be conjugal.
2. If paid out of exclusive funds, proceeds are exclusive.
3. If paid partly conjugal and partly exclusive, proceeds must also be partly conjugal and partly exclusive.
In an action for damages against the airline, A as the principal NO. Both moral and exemplary damages are entirely conjugal property because:
plaintiff with his wife and child were awarded moral and exemplary 1. These were awarded to the husband, wife and child collectively. There is
damages. The action was based on a breach of contract of carriage no individual or specific award in favor of any of the plaintiffs. Thus, the
coupled with Quasi-Delict. damages are presumed to be conjugal.
2. The action is based on breach of contract of carriage. When the contract
During appeal, the spouses separated. The wife entered a was perfected through purchase of three plane tickets, there is a
compromise agreement with the airline where she settled for presumption that the money invested for purchasing these are conjugal
50,000. She filed a MD. The motion was, however, denied on the funds. Hence, Art 117, which states that “those acquired onerously
ground that a wife cannot bind the conjugal partnership without the during the marriage at the expense of the common fund are conjugal”
husband’s consent, except for cases provided by law. applies.
She invoked the case of Lilius vs. Manila Railroad where moral Lilius vs. Manila Railroad does not apply because it is different to the present case.
damages where awarded separately to the wife. Is her contention In Lilius, damages awarded was based on permanent physical deformity, while in
correct? this case, it is from breach of contract.
In 1950, H insured his life with his estate as beneficiary. Her contention is correct only with respect to the party of proceeds covered by the
He got married to W and later on, he died. premiums paid out of conjugal funds but not with those paid out of exclusive funds.
Records show that the he paid premiums on the insurance when he The character or nature of proceeds of insurance policy depends upon the character
got married for 2 years using his exclusive funds. The years after that of source of premiums that were paid:
up to his death, he paid it using conjugal funds. 1. If premiums were paid out of conjugal funds, the proceeds must also be
conjugal.
W now claims that the proceeds to the insurance policy are conjugal. 2. If paid out of exclusive funds, proceeds are exclusive.
Is her contention correct? 3. If paid partly conjugal and partly exclusive, proceeds must also be partly
conjugal and partly exclusive.
2. “Share in the hidden treasure which the law awards to the finder or owner of property where the treasure is found.”
a. In case where the husband found jewelry on the land belonging to his wife W, the share in the hidden treasure which the law awards to the
finder goes to the conjugal partnership. Therefore, in this scenario, ½ of the value of jewelry goes to the W as it was found on her
paraphernal property and the other ½ goes to the conjugal partnership.
3. “Winnings from gambling or betting.”

a. It has a similar provision in ACP, which states, “if one of the spouses plays on a game of chance, betting, sweepstakes or any other kind of
gambling during the marriage, he shall bear the losses if he loses. However, if he wins, the winnings will go to the community property.”
4. “Net fruits from the spouses’ exclusive properties.”

Before W married, she rented out her paraphernal property to A. A Rental payments for the first two years are paraphernal. However, payments
paid her 3 years of advanced rentals. Two years after, W got corresponding to the last year falling due during W’s marriage to H are conjugal.
married.
Are rental payments conjugal or paraphernal?
a. “Credit of one of the spouses”

Sums or installments he collects during Interests that accrue on the principal up to the time principal is fully paid
marriage for payment of the principal
Exclusive Exclusive CPG; this is because interests are considered fruits of the loan. Under Art 117(3), net fruits due or
or conjugal received during marriage from exclusive property of each spouse are classified as conjugal
partnership property.
5. “Excess number of each kind of livestock when the spouse brought livestock into the marriage.”
a. The excess number that shall go to the CPG shall depend on the livestock existing upon the dissolution of the partnership.
6. “Properties bought on installments paid partly from exclusive funds and partly from conjugal funds”:
a. My notes:
i. Where the property will go depends on when the ownership is vested. Correlating it with Obligations, ownership may be vested
when the thing already delivered to the owner even if it is not fully paid yet. In this case, installment is only a manner of
payment.
ii. To begin with, the spouse contracted with the property before marriage although ownership may or may not have transferred to
him yet.
iii. If the ownership is not transferred before marriage, revert to the presumption which states, “all property acquired during
marriage, whether the acquisition was made, contracted or registered in the name of one or both spouses is presumed
conjugal”.
b. In either case, the owner (eventually either the spouse or the CPG depend when ownership is transferred) must reimburse what the other
paid in advance to complete the installments. Reimbursement shall be made upon liquidation of CPG.
When W was single, she bought land for 500,000. The contract Paraphernal, because ownership was already acquired or vested upon W before her
already vested W full ownership of property, although payable in marriage. Consequently, it is classified as “property brought to the marriage as her”
installments for a period of 4 years. making it paraphernal property under Art 109(1).
One year after the contract, W got married to H. Subsequent However, she must reimburse the conjugal partnership for monthly installments it
installments were paid from the conjugal funds. Is the land conjugal paid from partnership funds upon liquidation of the conjugal partnership properties.
or paraphernal?
Will the land be classified paraphernal if ownership vested only upon NO. Land shall be considered conjugal.
full payment of purchase price? Art 118 states that “where property is brought on installments paid partly be
exclusive funds and partly from conjugal funds, said property belongs to the buyers
if full ownership was vested before marriage, and to the conjugal partnership if
vested during marriage”.
Since ownership was vested upon W only during marriage, the land belongs ot the
conjugal partnership. However, the conjugal partnership must reimburse the wife
for monthly installments she paid before marriage.
7. “Improvements on exclusive properties, whether for utility or adornment”

a. Situation: improvements are made on the separate property of spouses:
i. At the expense of the CPG
ii. Through the acts or efforts of either spouse.
Resulting increase in value (of the separate property raised by its improvement) is equal or If less than value of exclusive property
more than the value of the exclusive property at the time of the improvement
Exclusive Entire property (separate property + improvement) shall go to CPG. Entire property shall go tot the owner-
or conjugal spouse
b. My notes:
i. In this case, relate this with properties bought in installments.
ii. While properties bought in installments depend on when the ownership was vested to determine if the property will go to the
spouse or to the CPG, properties with improvements depend on the resulting increase of the property once combined with the
improvement.
iii. Correlate this also with provision on winnings and losses. If the resulting value of the propertyis less than its value at the time of
improvement, it is considered a loss and therefore CPG should not shoulder it.
c. Computation of resulting interest to value at the time of the improvement:
i. Add the value of the improvement and the value of the exclusive property = Value at the time of the improvement
ii. Deduct the resulting increase to the value of time of improvement to know if there is an increase or not.
iii. Compare the “Value at the time of the improvement” to “Resulting increase”.
1. Examples:
a. 10M house in 5M lot, with value of 18M; 18M – 15M is 3M. 3M is lower than the 10M house and 5M lot,
hence the property should go to the spouse.
b. 10M house in 5M lot, with value of 30M; 30M – 15M is 15M. Since 15M is equal to the 10M house and 5M
lot, it shall go to the CPG.
d. Ownership of the entire property (with its improvements) shall only be vested once the costs of improvements are reimbursed.
Reimbursement shall be made upon liquidation of CPG.
i. This is a significant provision when the improvement is destroyed before liquidation.
ii. Construction of the improvement at conjugal expense on the exclusive property of the spouse does not automatically make it
conjugal.
1. Although the conjugal partnership may use the land and building in the meantime, it uses it as a usufructuary and not
as an owner. The ownership of the land remains the same until the value is paid. This payment can be demanded only
on the liquidation of the partnership.
iii. Maramda Doctrine (Maramba vs. Lozano), effects of fulfillment of suspensive condition that value of the lots are reimbursed
to the widor at the time of liquidation of conjugal partnership properties should be deemed to retroact to the date of
constitution of obligation.
1. Their conversion from paraphernal to conjugal should deem to retroact to the time the buildings were first
constructed on it, or to the time immediately before the death of the spouse at the very least.
2. The mode that transmits right of ownership over land to the conjugal property is not the payment of value of land
but the law itself.
a. Transmission of ownership through payment is not a recognized mode of acquiring ownership.
3. Payment of value of land is only a suspensive condition imposed by law to make the land conjugal in character.
a. This cannot be effected during marriage because of the prohibition on transfers by donation or sale during
marriage.
b. Hence, it can only be effected after the marriage has been dissolved and conjugal partnership liquidated.
4. Between construction of building and payment of value of land during liquidation, the partnership is not only the
usufructuary but also the conditional owner. It already has a hope or expectancy over the land protected by law.
5. To say that the land becomes conjugal upon payment is not possible because by then, conjugal partnership has
already been dissolved.
iv. Obligation to reimburse rests on the spouse upon whom ownership of the entire property is vested. There is no obligation on
the part of the purchaser in case the owner-spouse sells the property.
HW constructed a 400,000 house on a 100,000 lot belonging to W. Since the cost of the house and the resulting increase of the value of the entire
Two years later, the partnership was dissolved because W died. property are more than the value of W’s lot, entire property shall become conjugal.
By then, the value of the house and lot had gone up to 700,000.
However, conversion from paraphernal to conjugal is subject to the suspensive
In the liquidation of the conjugal partnership, to whom shall you condition that its value shall be reimbursed to the estate of W at the time of
adjudicate the house and lot? liquidation of conjugal partnership. Before property has already converted into
conjugal property, conjugal partnership must first pay 100,000 to the estate of W.
Suppose in the problem above, the house burned before the The lot would be paraphernal. In other words, Art 120 applies only if the building is
dissolution of the conjugal partnership? still existing at the time of liquidation of conjugal partnership.
If the building is destroyed before liquidation, the provision no longer applies and
the lot would still be paraphernal.
Exclusive property VVIP: Remember that only fruits go to the conjugal property. The properties the spouse owns before marrying will continue to be his personal property.
1. The following shall be exclusive property of each spouse:
a. By direct acquisition:
i. Properties, its fruits and income that a spouse acquired gratuitously during marriage.
ii. Properties that the spouse brings to the marriage as his own property (counter-part of “exclusively uses” in ACP)
b. By substitution:
i. Properties that the spouse purchased with his own exclusive money (counter-part of “exclusively uses” in ACP)
ii. Properties they acquired through right of redemption, barter or exchange using their separate properties.
2. When you talk about “capital of the husband”, it is any property:

a. He brought into the marriage as his own property
b. He acquires during the marriage through a lucrative title
c. He acquired by right of redemption, barter or exchange with other properties he owns exclusively or which he purchased with his own
money.
3. When you talk about “paraphernal property”, it is the counterpart of husband’s capital but this time, owned by the wife.
a. Ownership of paraphernal property belongs to the wife.
b. Wife administers the property, unless she delivers it to her husband or to a third person through a public instrument empowering him to
administer it. This instrument must be recorded in the registry of property of the place where the property is located.
c. Usufruct (use and fruits) of the the paraphernal property shall go to the conjugal partnership. Thus, fruits of the paraphernal property shall
be use dot pay for the expenses of the marriage.
Dowry Paraphernal property

Constitution A dowry is always constituted as such. It refers to all properties not constituted as as dowry.
Ownership It may remain with the wife or transferred to the husband Always with the wife
Administration Always vested with the husband With the wife, unless she transfers it to the husband or a third person
in the form prescribed by law.
Alienation It cannot be alienated or encumbered by the wife without May be alienated or encumbered without consent of the husband
consent of the husband
Fruits Fruits of the dowry property can be held liable even for It can only be used for obligations of the husband which redounded to
purely personal obligations of the husband. the benefit of the family.
W, living separately from her husband, executed NO. While fruits of the paraphernal property are conjugal, these are determined as conjugal property
a public instrument conveying all her paraphernal only after liquidation.
property in trust to A, empowering A to collect all
rents. The wife is the administrator of her property. Thus, as long as the fruits are unliquidated, these shall be
under her management because these will be used for administration and preservation expenses.
When she tried to register the instrument, RD Husband’s marital consent is not necessary for registration.
refused to register it on the ground that rents are
conjugal hence marital consent is necessary for
registration. Is this contention correct?
HW bought a fishpond from X for 48,000 in 3 The fishpond is partner conjugal and partly paraphernal.
equal installments: The amount HW borrowed from Y to pay for the other two installments are conjugal in character and
 W paid for the first installment using not paraphernal.
her exclusive funds.
 HW borrowed from Y to pay for the Even though the property used as security is paraphernal, it does not affect the status of the amount
other two installments. borrowed. The act of securing the loan was for the benefit of the conjugal partnership and not for
their separate benefits.
In securing loan from Y, the coupled used W’s
lands as security. What is the status of the Since 1/3 of the purchase price of the fishpond was paid with the wife’s paraphernal funds, and 2/3 with
fishpond? conjugal funds, 1/3 undivided share of the fishpond is paraphernal and 2/3 is conjugal applying Art
109(4) and Art 117(1).
Art 109(4) states, “that which is purchased with exclusive money of the wife or husband” are exclusive
properties.
Art 117(1) states, “those acquired by onerous title during marriage at the expense of common fund,
whether acquisition is for partnership or for only one of the spouses” is conjugal property.
W inherited from her father 500,000 in cash. With Paraphernal, because it was constructed on lot belonging to the wife with the amount the wife
this money, she constructed a house on a lot inherited from her father. Under the law, property which a spouse acquires during marriage, by
which was her exclusive property. Is the house lucrative title is considered exclusive property of such spouse.
conjugal or paraphernal?
Art 109(2) states, “what which each acquires during marriage by gratuitous title” is exclusive property.
W sold her paraphernal house and lot under To the heirs of the wife. Art 109 states, “properties they acquired through right of redemption using
pacto de retro. A few weeks later, she died. their separate properties” are exclusive properties. This provision presupposes that the right of
redemption belongs to the spouse exercising it. This is because status or character of property
The husband repurchased the property with his acquired by right of redemption is determined by the status or right itself and not by the status or
exclusive capital. To whom will the property go? character of the source of funds sued for redeeming it.
If the right belongs to the conjugal property, the property is conjugal.

If the right belongs to the spouses, the property is exclusive.
In this case, since it was the deceased wife who sold her paraphernal property with right of repurchase,
right to repurchase it belongs to her alone. Consequently. The property now belongs to her heirs.
However, the husband must be reimbursed of the amount he advanced to actually redeem the property
once the conjugal property is liquidated upon her death.
Is the money received by the husband as NO. Under the law, “properties acquired by right of redemption or by exchange with other property
repurchase price of a land sold to him a retro belonging to only one of the spouses is exclusive property and not conjugal property”.
before marriage, conjugal?
W bought a car before she married H. A year Conjugal. Although Art 109 states, “properties they acquired through exchange using their separate
after, H traded the car + 50,000 from conjugal properties” are exclusive properties, this provision applies only when the transaction is a barter and
funds with a new car valued at 900,000. not a sale.
Afterwards, W died. Is the new car conjugal or In this problem, the contract is a sale with automobile traded is only a part of the purchase price.
paraphernal? Consequently, the new car is also classified as “those acquired by onerous title during marriage at the
expense of common fund, whether acquisition is for partnership or for only one of the spouses” which is
a conjugal property under Art 117(1).
However, the conjugal partnership must reimburse the estate of W for the value of the old car traded in
it upon liquidation.
Additional notes:
If the exclusive property of the spouse is If new property was acquired using
redeemed using conjugal funds separate property and conjugal funds as
part of purchase price
Effect The ownership of the property belongs to New property shallbe considered
the person who has right of redemption. conjugal.
He shall reimburse the CPG for the
advancement it made to redeem the
property.
4. Property donated or left by will to spouse:

a. GR: Property donated or left by will to spouses jointly is exclusive property of each because each of them acquired the property by
lucrative or gratuitous title.
Shares are designated determinately Shares are not designated determinately

Conjugal or exclusive Each donee-spouse shall own his or her pertinent share Each spouse will own share and share alike, without prejudice
exclusively and in accordance with the designation. to Right of Accretion when proper.
b. Right of Accretion applies when shares are not designated determinately and the spouse does not accept the donation.
i. The renounced share is given to the other spouse who shall own the entire donation as seprate property.
ii. Right of Accretion does not apply if:
1. Donor so provides
2. Shares are designated determinately or specifically.
c. When the donation is onerous, the property donated shall still be considered exclusive property.
i. Hence, the exclusive properties will pay for the amount of charges and whenever CPG pays for it in advance, the donee-sposue
must reimburse the CPG upon liquidation.
5. Retirement benefits, pensions, annuities, gratuities, usufructs and similar benefits shall be governed by Rules on Gratuitous or Onerous Acquisitions
as the case may be.
Gratuitous benefits Onerous benefits
Conjugal or exclusive Exclusive properties Conjugal
Examples 1. Gratuities are considered gratuitous because these 1. Pensions are onerous because these are given to
are given out of pure liberality. the recipient in exchange for the services he
2. Right to life annuities by itself is at all times exclusive rendered.
property. 2. Fruits from the usufruct are conjugal
3. Right to usufruct
a. In the case of GSIS vs. Motesclaros, Sec 18 PD 1146 which prohibited the dependent spouse from receiving survivorship pension if the
dependent married the pensioner within 3 years after the pensioner qualified for the pension is unconstitutional because it is
discriminatory.
i. The surviving spouse of a government employee is entitled to receive survivor’s benefits under a pension system, especially
when the pensioner has contributed through deductions of his monthly salary. Retirement benefits are thus, acquired through
labor, and are onerous acquisitions which make the benefits conjugal.
ii. There are statutes that sometimes require that the spouse should have married the employer for a certain period before the
employee’s death to prevent sham marriages for monetary gains. This is, however, discriminatory and arbitrary.
iii. Thus, RA 8291 states that “surviving spouse who married the member immediately before his death is still qualified to receive
survivorship pension unless GSIS proves that surviving spouse contracted the marriage solely to receive the benefit”.
Before W married H, H purchased a life annuity for 500,000. It was 1. Right to annuity itself is at all times exclusive property.
stipulated that H would be receiving a monthly pension of 2,500 for as long 2. Pensions during the marriage are conjugal.
as H lives. Is the life annuity conjugal or exclusive? 3. Should W subsequently die, the pensions H will receive from the
time of W’s death shall again become his exclusive property.
Before W married H, H was given usufruct over a rice plantation for 5 years. Right to usufruct itself is H’s exclusive property.
2 years later, H married W. Is the usufruct conjugal or exclusive? However, harvests of rice plantation during marriage are conjugal. Should W
subsequently die, harvests will again become H’s exclusive property.
b. Personal note: For those annuities and usufructs entered before marriage, right to these are exclusive but fruits acquired during
marriage are conjugal. If one spouse dies early, fruits will revert back to exclusive.
Charges upon and Notes on Charges upon the CPG

obligation 1. Similarly with ACP, CPG shall be liable for the following:
a. Spousal support, support of common children and legitimate children of either spouse.
b. Debts and obligations for the benefit of the community during marriage.
c. Taxes, liens, charges and expenses upon the community property including major and minor repairs.
d. Taxes and expenses for mere preservation upon the separate property used by the family.
e. Expenses to allow either spouse to commence or complete a professional or vocational course, or other activity for self-improvement.
f. Value of the spouses’ donations or promise to their legitimate children for their children to commence or complete a professional or
vocational course, or other activity for self-improvement.
g. Ante-nuptial debts to the extent that these redounded to the benefit of the family.
h. Expenses of litigation between spouses because they filed a suit against each other, if the suit was found to be groundless.
i. Funeral expenses
2. If one of the spouses plays on a game of chance, betting, sweepstakes or any other kind of gambling during the marriage, he shall bear the losses if
he loses. However, if he wins, the winnings will go to the community property.
3. CPG vs. ACP:

CPG ACP
Guaranty on CPG must first cover all its responsibilities before ACP guarantees these obligations if the spouse’s does not have
certain guaranteeing the spouse who does not have exclusive exclusive properties or his properties are insufficient to cover it:
obligations properties or his properties are insufficient to cover it. 1. Ante-nuptial debts which did not redound to the benefit of
1. Ante-nuptial debts which did not redound to the the family.
benefit of the family. 2. Support of illegitimate children
2. Support of illegitimate children 3. Liabilities because he was charged or convicted with a Crime
3. There is no provision on Crimes and Quasi-Delict, or Quasi-Delict.
only fines and liabilities in which the CPG shall not
be charged.
Reimbursement Payment the CPG or ACP made for these liabilities shall be considered advances which shall be deducted from the share of the debtor-
of the spouse spouse once the conjugal property is liquidated.
Notes on Obligations of the CPG:

1. “Spousal support, support of common children and legitimate children of either spouse.”
a. ACP will shoulder support of common children and legitimate children of a spouse.
b. Separate properties will shoulder support of illegitimate children. However, if separate properties are not enough, CPG will first pay all its
responsibilities before paying for it as an advancement on the debtor-spouse’s share.
2. “Debts and obligations for the benefit of the community during marriage.”
a. ACP will shoulder the following debts and obligations:
i. Those contracted by the designated administrator-spouse for the benefit of the community.
ii. Those contracted by both spouses.
iii. Those contracted by one spouse with the consent of the other.
iv. Those contracted by one spouse without consent of the other but to the extent that the family may have been benefited.
b. Debts and obligations must have been contracted during marriage.
c. There is no presumption that obligations incurred during marriage are charged against the CPG. Before any obligation can be charged
against it, it must first be established that such obligation is among its charges or responsibilities.
d. “Those contracted by the designated administrator-spouse for the benefit of the community.”
i. This means that if the husband himself is the principal obligor in the contract, the contract falls within the term “obligations
for benefit of conjugal partnership”.
1. It contemplates that he directly received the money and services to be used in or for his own business or own
profession.
2. No actual benefit may be proved.
a. Benefit does not need to be quantified in pesos or square meters of real property. Health and well-being
of either or both spouses redound to the benefit of the partnership. Advancement of its interests depend
on soundness of body and mind of partners.
ii. If the money or services are given to another person or entity, and the husband acted only as a surety or guarantor, the
contract by itself cannot be categorized as falling within the context.
1. Proof must be presented to establish benefit redounding to the conjugal partnership.
iii. “Benefits of the community” must be those directly resulting from the loan. It cannot be a by-product or spin-off of the loan
itself. Benefits cannot be incidental or speculative.
1. A loan is considered to have benefited the family if it was used to purchase the house and lot which became the
conjugal home of the other spouse and his family.
2. Therefore, even if the other spouse had no consent in it, spouses shall be solidarily liable for the loan.
iv. Measure of the partnership’s liability is to the extent that the family is benefited.
1. Debts contracted by the spouse for and in exercise of his industry or profession by which he contributes to support
his family are not exclusive and private debts.
v. Personal obligations that did not redound to the benefit of the family:
1. My notes:Charges are different from Liquidation.
2. CPG can pay for personal obligations that did not redound to the benefit of the family if it complies with two
requisites:
a. Spouse lacks or has insufficient personal properties
b. CPG satisfies basic conjugal obligations from Art 121.
3. Once it pays the spouse’s debt, the spouse becomes a debtor of the CPG. Once the partnership is dissolved because
of death, legal separation, annulment, nullity or judicial separation, the spouse shall be charged for what has been
paid.
4. Although statutory provision does not include debts contracted during marriage which did not redound to the benefit
of the family, these debts should be included because:
a. If partnership assets cannot be held liable, creditors who have extended credit would be prejudiced.
b. Debts contracted during marriage are more pressing than those contracted before.
5. It is necessary that all or most conjugal assets should have been acquired through effort or industry of the spouse-
debtor (What do you mean by this?). Otherwise, Art 122 FC can be held literally and conjugal assets cannot then be
held liable.
6. (VIP)Fruits of paraphernal property cannot be held liable for purely personal obligations. Although conjugal, these
fruits cannot be held liable for purely personal obligations of the husband—fruits of property of the wife cannot
answer for debts incurred personally by the husband.
7. Conjugal properties cannot answer for personal obligations of the spouse, which did not redound to the benefit of
the family, because these obligations are responsibility of the spouse as administrator. He is supposed to conserve
conjugal funds and not use them. To make the conjugal partnership respond for a liability that should appertain to
the spouse alone shall defeat the solidarity and well-being of the family.
H was engaged in the business of buying and selling rice. YES. The obligation of H is an obligation which has redounded to the benefit of his family
However, he incurred 20,000 indebtedness from his supplier. since he had incurred it in the course of his business.
Because of his gambling losses, his business went bankrupt and Under Art 121(2), conjugal partnership shall be liable for payment of such obligation. The
soon after, he and his wife lived separately. fact that H’s business went bankrupt because of his gambling losses does not affect the
liability of the partnership or the obligation. Neither does the separation de facto.
A year after they lived separately, H’s creditor sued him and
obtained a favorable judgment which cannot be enforced Under the law, such separation does not terminate the conjugal partnership existing
against him because he has no property at all. between them.
The creditor now seeks to enforce judgment on W’s car which Even if the car was bought from W’s own salary, the salary is considered conjugal
she bought from her salary from the company where she works. because it is classified as property acquired during the marriage with conjugal funds by
The car is registered in her maiden name. May the car be levied? onerous title. Since the salary that funded the car is conjugal, the car is conjugal and it
may be levied upon to answer for judgment.
Levy was made on the conjugal property of HW on the basis of NO. Under FC, personal obligations incurred by either spouses are not chargeable
liability of H as a mere guarantor. Is the levy proper? against the conjugal partnership, unless it can be proven that they have redounded to
the benefit of the family.
Johnny, in guaranteeing the loan of another, has incurred liabilities which does not
redound to the benefit of the conjugal partnership of Johnny and Helen. It even
threatens to dissipate the conjugal funds.
3. “Ante-nuptial debts to the extent that these redounded to the benefit of the family.”
a. CPG shall only shoulder debts that the spouse contracted before or during marriage except if these redounded to the benefit of the family.
b. Separate properties will shoulder debts that the spouse contracted before marriage but did not redound to the benefit of the family.
However, if separate properties are not enough, CPG will first pay all its responsibilities before paying for it as an advancement on the
debtor-spouse’s share.
4. “Expenses to allow commencement or completion a professional or vocational course, or other activity for self-improvement.”
a. CPG shall shoulder it if the persons to benefit are:
i. Spouse
ii. Their legitimate children
5. “Taxes and expenses”

a. CPG shall shoulder it if:
i. These are applied upon the community property including major and minor repairs.
ii. These are applied to separate properties of spouses but such properties are used by the family.
6. “Litigation expenses”
a. CPGshall shoulder it if the suit is between spouses and such suit was found to be groundless.
b. CPG will not pay for fines and indemnities imposed upon the spouses (there is no provision in Liabilities on Crimes and Quasi-Delict).
i. If one of the spouses committed Slander and was held liable for damages, it is not chargeable to the CPG. Liabilities incurred by
reason of Crime or Quasi-Delict is chargeable to the exclusive property of the debtor-spouse. CPG has no duty to make advance
payments for the spouse’s liability.
c. FC states that if CPG is insufficient to cover for the foregoing liabilities, spouses shall be solidarily liable to pay the unpaid balance using
their separate properties.
7. “Funeral expenses”
a. Construction of tombstone or mausoleum shall be deemed part of funeral expenses. It shall be charged to the conjugal partnership of
property if the deceased is one of the spouses.
Administration 1. On exclusive properties:

(same as ACP but a. Spouses shall retain ownership, possession, administration and enjoyment of their exclusive properties.
note for Red i. He may mortgage, encumber, alienate or dispose his exclusive property without the consent of the other spouse.
Notes) ii. He may appear alone in court to litigate with regard to the mortgage, encumberance, alienation or disposal of his exclusive
property.
b. One may transfer its administration to the other through a public instrument to be recorded in the registry of property of a place where
the property is located.
i. If the owner-spouse alienates his exclusive property, it automatically terminates the administration. Administrator-spouse must
turn over the proceeds of alienation to the owner-spouse.
c. Other notes:
i. Even if a spouse transferred administration of capital or paraphernal property to the other, the owners-spouse may still
alienate the paraphernalproeprty without the administrator-spouse’s consent.
1. The owner still remains to be the owner. In the event that the owner also alienates her property, the administration
automatically terminates and the administrator must turn over the proceeds of the alienation to the owner-spouse.
ii. The owner-spouse cannot be restrained by injunction from selling her paraphernal property during marriage even if the sale
would deprive the CPG of its fruits.
1. The owner still remains to be the owner.
During marriage, W inherited land from her mother. To secure W’s loan NO. Since the parcel of land is the paraphernal property of W, W can
from A, she mortgaged it in favor of A without securing her husband’s mortgage the property in favor of A without securing H’s consent.
consent.
Provided W is of age, she can mortgage and even encumber, alienate or
Is the consent of H required for the mortgage? In the event of litigation otherwise dispose of her exclusive property without consent of her souse.
with regard to the parcel of land, is the appearance of Hnecessary? She can appear alone in the court to litigate with regard to the same.
2. On conjugal properties:
a. Administration and enjoyment of community property shall belong to both spouses jointly.
i. If there is disagreement, husband’s decision shall prevail.
ii. However, the wife may file a petition to the court for recourse within 5 years from the date of the contract implementing the
decision.
b. If one of the spouses is incapacitated or unable to participate in the administration of common properties, other spouse may assume
sole powers of administration.
i. These powers do not include disposition or encumberance without court authority or withoutwritten consent of the spouse.
ii. If there is no court authority or spouses’ written consent, disposition or encumberance shall be void. However, the transaction
shall be construed as a continuing offer by the consenting spouse and third person. It may be perfected as a binding contract
once the other spouse accepts it or the court gives its authorization before the offer is withdrawn.
1. Prohibition against encumberance without consent includes lease. In the contract of lease, the lessor transfers his
right of use in favor of the lessee.
a. The lessor’s right is impaired. He may even be ejected by the lessee if the lessor uses the leased property.
The lease is not only an encumberance but also a qualified alienation, with the lessee becoming the owner
of the thing affected by lease subject to its terms and for all legal intents and purposes.
2. Even granting that the wife actively participated in negotiating for the sale of conjugal properties, her written
consent is still required by law for its validity.
a. The way may be aware of the negotiation of sale of their conjugal properties but such is not considered
consent. If her consent cannot be obtained, or is being withheld, the husband may bring his matter to
court which will give him authority if warranted by circumstances.
i. However, the remedy of court authorization under Art 124 is only available when the spouse
did not give consent because she is incapacitated. If there is no incapacity, a spouse cannot
seek court authorization.
1. In the absence of wife’s conforme to the disposition of property and without
showing that she is legally incapacitated, the sale becomes void ab initio because it
is contravention to the mandatory requirement.
ii. If the transaction was made before the effectivity of FC, prohibition on alienation or
encumberance of property without spousal counsel is also applicable. However, it does not
render the sale void but only voidable.
1. Art 173 NCC states that an action to annul an alienation or encumberance may be
instituted by the other spouse during marriage and within 10 years from the
transaction questioned.
3. This provision is not present in CPG, “a spouse may dispose his interest in the community property by will”.
4. A spouse cannot donate any community property without consent of the other.
a. However, the spouse may make moderate donations for charity or on occasions of family rejoicing or family distress without a need for the
other’s consent.
b. This makes the rule that consent of both spouses to donate conjugal property as not absolute.
Dissolution (same 1. CPG terminates when:

as ACP) a. One of the spouses dies.
b. The court issues a decree of legal separation.
c. The marriage is annulled or declared void.
d. There is judicial separation of property during marriage.
2. Separation in fact between husband and wife will not affect the CPG.
a.  (If a spouse leaves the conjugal home or refuses to live in it without just cause)
i. Abandoning spouse shall lose the right for Spousal Support.
ii. If a transaction requires consent of both spouses, the other may file a judicial authorization in a summary proceeding in lieu of
the other’s consent.
iii. If ACP is not enough, spouses shall be solidarily liable for Support of Family using their separate properties.
iv. A present spouse may file a petition in a summary proceeding for judicial authority to administer or encumber any specific
separate property of the other spouse and use the proceeds to satisfy the other spouse’s share.
3. If the spouse abandons or fails to comply with the obligations (marital, parental or property relations) to the family, the aggrieved-present spouse
may file the following remedies, subject to precautionary conditions the court may imposed:
a. A petition for receivership
b. A petition for judicial separation of property
c. Authority to be the sole administrator
4. A spouse is deemed to have abandoned the other when he or she has left the conjugal dwelling without any intention of returning.
a. If he leaves for a period of 3 months, or has failed within that period to give any information as to his whereabouts, such fact shall give rise
to a presumption that he ahs no intention of returning to the conjugal dwelling.
Liquidation (same Liquidation after dissolution of CPG:

as ACP but note 1. Upon dissolution of CPG, the following procedure shall apply:
for Red Notes) a. An inventory shall be prepared.
b. Amounts the CPG advanced to pay for personal debts and obligations of spouses shall be credited to the conjugal partnership as an asset.
c. CPG must reimburse the spouse if it acquires the exclusive property once its ownership is vested to it by law (see Property paid in
Installments)
d. Debts and obligations of the CPG shall be paid out of its assets.
e. Whatever remains of exclusive properties of spouses shall be delivered to each of them.
f. CPG shall pay for loss or deterioration of personal movables the spouses used for the benefit of the family, even if the loss or deterioration
was because of a fortuitous event, unless the owner-spouse has been indemnified from another source.
g. Net remainder of CPG shall be its profits. Profits shall be divided equally between husband and wife.
h. Presumptive legitimes of common children shall be delivered.
i. Conjugal dwelling and lot on which it is situated shall be given to the spouse with whom majority of the common children choose to stay.
2. “An inventory shall be prepared.”

a. The inventory must list all properties of the CPG and exclusive properties of each spouse.
3. “Debts and obligations of the CPG shall be paid out of its assets.”
Suppose that in the liquidation If the CPG pays a spouse of her advances in favor of the partnership (this refers to properties paid in installments, loss
of conjugal partnership or deteriorarion of movables) but there is nothing left for the CPG to pay for its obligations in favor of third persons,
properties, CPG pays the wife of creditors’ remedy is to proceed against the husband and wife.
her advances to the partnership 1. This is because Art 108 FC recognizes the suppletory character of Law on Partnerships in cases not expressly
but nothing is left to pay for determined in the law on CPG.
obligations in favor of third 2. Consequently, Art 1816 under Law on Partnership states that, “liability of husband and wife is joint and
persons, what is the remedy of subsidiary”. Hence, since the CPG no longer has assets, liability of the wife to the partnership creditors covers
the latter? only ½ while the husband covers the other half.
a.  (The rule does not apply to the following because in the following scenarios, it is the CPG that guaranty the obligation):
4. “Whatever remains of exclusive properties of spouses shall be delivered to each of them.”
5. “Net remainder of assets of CPG shall be its net assets. Net assets shall be divided equally between husband and wife.”
a. Net assets shall not be divided equally if:
i. Spouse agreed on a different proportion or division in the marriage settlements
ii. One of the spouses made a voluntary waiver of his share.
b. Net profits subject to forfeiture under Art 43 (2) and Art 63 (2), are the increase in value between the market value of community property
at the time of celebration of marriage and the market value at the time of its dissolution.
i. Art 43(2) and Art 63(2) states, “Share in the net profits (net remainder of the subsequent marriage)shall go to the following:
1. Common children (of the spouse who contracted the subsequent marriage in BF and the second spouse)
2. If there are no common children between them, the children of the guilty spouse by a previous marriage (children of
the first marriage)
6. “Presumptive legitimes of common children shall be delivered.”

a. Its value shall be computed as of the date of final judgment of trial court.
b. It shall be delivered in cash, property or sound securities, unless the parties have already provided for it in their agreement and the court
c. Children or their guardian, or trustee of their property may ask for enforcement of the judgment of partition.
d. Delivery of presumptive legitimes must not prejudice ultimate successional rights of the children accruing upon death of either or both
parents. But the value they receive upon decree of annulment or nullity shall be considered advances on their legitimes (Art 51).
7. “Conjugal dwelling and lot on which it is situated shall be given to the spouse with whom majority of the common children choose to stay.”
a. Children below 7 years of age are deemed to have chosen the mother, unless the court decides otherwise.
b. If there is no majority, the court will decide while considering the best interests of the children.
Liquidation in case of termination of marriage by death:

1. Procedure:
a. If termination of marriage was because of death of a party, CPG shall be liquidated in the same proceeding for settlement of estate.
b. If one of the spouses contracted a previous and a subsequent marriage before effectivity of FC and these must be liquidated
simultaneously, each community’s capital fruits and income shall be determined upon proof according to Rules of Evidence.
2. “If termination of marriage was because of death of a party, CPG shall be liquidated in the same proceeding for settlement of estate.”
a. If there is no judicial settlement proceeding, the surviving spouse shall liquidate judicially or extrajudicially within 1 year from the spouse’s
death.
b. If there is no liquidation within that 1-year period, dispositions and encumberances involving the CPG shall be void.
c. If the surviving spouse contracts another marriage without liquidating the previous marriage’s conjugal property, the subsequent marriage
shall have a mandatory regime of Complete Separation of Property.
d. RC on administration of estates of deceased shall be observed in appraising and selling the properties of the conjugal partnership and other
matters not determined in this Chapter.
e. CPG shall give spousal support for the surviving spouse and children’s support during liquidation until delivery of their properties. It shall
come from the mass of property and shall be particular charged against the fruits, rents or income pertaining to their shares to the
inventoried property.
i. But where support exceeds the fruits, rents or income pertaining to their shares, the excess shall be deducted from their
respective shares because these are deemed advances from the inventoried property.
ii. If conjugal partnership assets are less than the conjugal partnership liabilities at the time of liquidation, surviving spouse and
children shall not be entitled to support.
Liquidation in case or two or more marriages contracted by the same person before effectivity of FC carried out simultaneously:
1. There must first be an agreement of all heirs as to how the properties shall be divided.
2. If there is no agreement, the following procedure shall apply:
a. Each community’s capital fruits and income shall be determined upon proof according to Rules of Evidence.
b. In case of doubt as to which community existing properties belong, it shall be divided between different communities in proportion to the
3. “If one of the spouses contracted a previous and a subsequent marriage before effectivity of FC and these must be liquidated simultaneously, each
community’s capital fruits and income shall be determined upon proof according to Rules of Evidence.”
a. In case of doubt as to which community existing properties belong, it shall be divided between different communities in proportion to the
Less than a year after Marilyn’s death, her husband NO. After the first marriage was dissolved, fruits or income derived from the properties would
married Susan without liquidating their conjugal no longer be conjugal but would belong to the heirs.
partnership. The couple were engaged in the
transportation business and copra business which started Fruits and income of the husband’s inheritance and conjugal shares after dissolution of the first
during the first marriage. marriage, form part of the conjugal property of the second marriage.
Johnny die. The first married existed for 15 years and the The first marriage existed for 15 years, while the second lasted for 14. The property should be
second existed for 14. The lower court held that the divided in proportion to the duration of each marriage and to the property of the respective
properties left belonged to the first marriage. Is it correct? spouses. The first married should have 15/29, while second should have 14/29.
Separation of 1. If there is no express declaration in the marriage settlements, the only time separation of property shall take place during marriage is through judicial order.
property during a. My notes: This means if there is an express declaration in the marriage settlement, separation of property may occur during marriage.
marriage b. System of complete separation of property can only govern in the following cases:
i. When it is expressly provided for in the marriage settlements.
ii. When it is so decreed by a competent court.
iii. Mandatory regime of complete separation of property.
c. Parties can only perfect the separation of properties upon judicial approval.
i. Separation cannot be granted through signing a formal agreement because the agreement shall be rendered void. Art 134 FC states, “in the absence of an
express declaration in marriage settlements, separation of properties during marriage shall not take place except by judicial order”. This principle declares
the every extrajudicial agreement during marriage void and of no effect.
2. Judicial separations of property may either be voluntary or for sufficient cause.

a. Voluntary causes:
i. Mere agreement of both spouses is enough for a cause of judicial separation of property.
ii. Spouses may jointly file a verified petition for voluntary dissolution of ACP or CPG or to request for the separation of their common properties.
iii. Creditors of the ACP or CPG and their personal creditors must be listed in the petition and notified of the filing for the court to take measures to protect
their interest and interests of other persons with pecuniary interest.
A married B without entering into a I will grant the dissolution of CPG provided all necessary steps in voluntary agreement for separation of property are taken. They are as
marriage settlement. follows:
During their marriage, they acquired 1. AB files a joint verified petition for dissolution of CPG and for separation of their common properties. In it, all creditors of
property must from the industry and CPG and their personal creditors are listed.
earnings of A. 2. Creditors that are listed must be notified of the filing of the petition so they can appear at the hearing to safeguard their
A asked her husband to join her in a interests.
petition for dissolution of CPG. Out of self- 3. During proceedings, CPG shall pay for spousal and children’s support.
respect, B agreed. How will you decide? 4. After dissolution of CPG, provisions on complete separation of property shall apply. Once the court issues a decree, CPG shall
be liquidated in conformity with FC.
5. Petition for separation of property and final judgment granting the same shall be recorded in the local civil registries and
registries of property.
b. Sufficient causes:
i. Only one petitioner files a petition to the court for the following grounds:
1. Petitioner’s spouse has been sentenced to a penalty which carries with it civil interdiction.
2. Petitioner’s spouse has been judicially declared as absentee.
3. Petitioner’s spouse has been judicially declared to have lost parental authority.
4. Petitioner’s spouse has abandoned or failed to comply with marital, parental or property obligations to the family
5. Petitioner’s spouse, was granted powers of administration but has abused that power.
6. Spouses have been separated in fact for at least 1 year at the time of the petition, and reconciliation is highly improbable.
ii. “Petitioner’s spouse has been sentenced to a penalty which carries with it civil interdiction.”
1. Presentation of final judgment against the guilty spouse is enough to grant a decree of judicial separation.
iii. “Petitioner’s spouse has been judicially declared as absentee.”
iv. “Petitioner’s spouse has been judicially declared to have lost parental authority.”
v. “Petitioner’s spouse has abandoned or failed to comply with marital, parental or property obligations to the family.”
1. Proof of cause must be presented.
vi. “Petitioner’s spouse, was granted powers of administration but has abused that power.”
vii. “Spouses have been separated in fact for at least 1 year at the time of the petition, and reconciliation is highly improbable. “
3. During pendency of the proceedings for separation of property, ACP or CPG shall pay for spousal and children’s support.
4. Once the court issues a decree of separation of property, ACP or CPG shall be liquidated.
a. Petition for separation of property and final judgment granting it shall be recorded in proper local civil registries and registries of property.
b. Effects of the decree of Separation of Property:

i. After dissolution of ACP/CPG, provisions on Regime of Complete Separation of Property shall apply.
ii. It shall not prejudice the rights acquired by creditors before the decree. Spouses shall also continue to be solidarily liable with their separate properties to
creditors.
iii. Spouses shall continue to be jointly liable for support of the children (Art 195(3)). Likewise, they shall continue to be mutually obliged to support each
other until final judgment granting the petition for legal separation or for annulment of marriage, or for declaration of nullity of marriage is obtained, in
which cases the obligation of mutual support ceases (Art 195 and 198).
5. After dissolution of ACP/CPG, provisions on Regime of Complete Separation of Property shall apply.
6. Spouses may file a motion to revive the property regime that existed before the separation of property, in the same court or proceeding which issued the decree its decree in
the following instances:
a. Voluntary causes:
i. They agree to revive the former property regime.
ii. No voluntary separation may be granted after it. Therefore, voluntary separation can only be availed of once.
b. Sufficient causes:
i. Civil interdiction terminates
ii. Absentee spouse reappears.
iii. Court authorized the resumption of powers of administration after it is satisfied that the administrator-spouse will no longer abuse the power.
iv. Spouse who left the conjugal home without decree of legal separation goes back and resumes common life with the other.
v. Parental authority is judicially restored to the spouse previously deprived of it.
vi. Spouses who have separated in fact for at least one year, reconciled and resumed common life.
c. Revival of former property regime shall be governed by Art 67.

i. Agreement to revive the former property regime is a separate agreement that must be executed under oath.
1. It shall specify:
a. Properties that will be contributed once again to the restored regime.
b. Properties that will be retained separately as separate properties.
c. Names of their creditors, the creditor’s addresses and amounts owing to each.
2. Spouses must submit the agreement of revival under oath with the motion seeking for its approval.
a. It shall be filed with the same court that accepted the action for legal separation and creditors will be given copies.
3. After the hearing, the court shall take measures to protect the interests of the creditors and in the order they are recorded in proper
registries of properties.
a. In case there are creditors that were not listed in the proper registries or notified, recording of order shall not prejudice them, unless
the debtor-spouse has enough separate properties to satisfy the unlisted creditor’s claim.
7. Administration:
a. One spouse may assume sole assumption of ACP or CPG in the event that the other spouse is incapacitated or unable to participate in the administration of
common properties. He can assume this without court’s authorization because administration of community and conjugal partnership property belong to both
spouses jointly.
b. On the other hand, administration of all classes of exclusive property of one spouse may be transferred by the court to the other.
i. Grounds:
1. Spouse becomes the guardian of the other.
2. Other spouse is judicially declared as absentee.
3. Other spouse is sentenced to a penalty which carries with it civil interdiction.
4. Other spouse becomes a fugitive from justice or is in hiding as an accused in a criminal case.
ii. If the other spouse is not qualified because of incompetence, conflict of interest, or any other just cause, the court shall appoint a suitable person to be
the administrator.
Regime of Future spouses agree in their marriage settlements that their property relations during marriage shall be governed by regime of separation of property.
separation of 1. The regime shall govern property relations only when:
property a. Spouses make an agreement before marriage in that effect—in this case, separation may be present or future properties, or both. It may be total or partial and if
partial, ACP shall govern over those excluded from the regime.
b. There is a judicial order for separation of properties—although Art 135 is silent, there seems to be an implication that separation of property is total.
2. The regime may cover present or future properties or both. It may be total or partial.
a. In case it is partial, property not agreed to be under the regime shall be governed by ACP.
3. Each spouse shall own, dispose, possess, administer and enjoy his or her own separate estate, without the need for consent of the other.
a. He shall have all earnings from his profession, business or industry.
b. He shall have all fruits due or received during marriage from his property.
4. Both spouses shall bear the family expenses.

a. It shall be in proportion to their income.
b. In case they do not have income or income is insufficient, to the current market value of their separate properties.
c. They shall be solidarily liable to creditors for family expenses.
Regime of For unions without marriage but are capacitated to marry each other:
unions without 1. This covers a union between a man and woman, who are capacitated to marry and live exclusively with each other without benefit of marriage or under a void marriage.
marriage a. Requisites:
i. There must be a man and a woman who are capacitated to marry each other and who are living together exclusively with ach other as husband and wife,
but are not married or even if married, the marriage is void from the beginning.
ii. During that period of cohabitation, properties should have been acquired by either or both of them through work or industry, or their wages and salaries.
iii. Relationship must not be adulterous nor bigamous.
b. The term “capacitated” refers to the legal capacity of a party to contract marriage.
i. Refer to Legal Capacity under Art 5, “any male or female of the age of 18 years and upwards, not under any impediments mentioned in Art 37 (for
incestuous marriages) and Art 38 (marriages against public policy) may contract marriage”. My notes: Isn’t this contradictory with incestuous and against
public policy?
c. Examples:
i. Where a man and woman both above 18 years of age and single, who are capacitated to marry, but are living together without getting married.
ii. Man and woman who do not have valid marriages with other persons but their marriage is void because:
1. Incestuous
2. Against public policy
3. Was solemnized by one who is not authorized to perform the marriage.
iii. Marriages rendered void by psychological incapacity
2. Rule on Co-Ownership governs the property relationship in a void marriage where there is no legal impediment to marry.
a. Division:
i. Their wages and salaries shall be owned by them in equal shares.
ii. Property they acquired through their work or industry shall be governed by Co-Ownership. It shall be owned by them in equal shares.
1. Property acquired while they lived together shall be presumed to be obtained jointly.
2. If a party does not participate in the acquisition of any property, he shall still be deemed to have contributed jointly if his efforts consisted in the
care and maintenance of the family and of the household.
iii. Fruits of separate properties are not include (unlike in CPG).
3. Administration:
a. A spouse cannot encumber or dispose inter vivos his share in the property acquired during the cohabitation and owned in common, without the consent of the other.
b. He may only encumber or dispose it without consent after termination of the cohabitation.
4. Only one of the parties to a void marriage is in GF:

a. Share of the party in BF in the Co-Ownership shall be forfeited in favor of their common children.
b. If they have no common children or descendants, or if the children or descendants waived their shares, the vacant share shall go to the respective (each of their)
surviving descendants.
c. If there are no descendants, the share shall go to the innocent party.
d. In all cases, forfeiture shall only take place upon the termination of the cohabitation or once the cohabitation is terminated.
John and Juliet lived together as husband and wife without benefit of marriage. One of their NO. Any property acquired by common-law spouses during period of
properties is a two-storey residential house. There was a sari-sari store annexed to the house. cohabitation is presumed to be obtained through joint efforts and is owned
by them in equal shares. Under Co-ownership, they owned the properties in
When their relationship turned sour, they decided to partition the property with Juliet agreeing to equal shares. Being a co-owner herself, Juliet cannot be evicted.
pay John 428,000 representing her share. When Juliet defaulted, John sued her for ejectment.
MTC ordered Juliet to leave based on the finding that John alone spent for construction of the sari-
sari store. Is it correct?
A and B are married. At the time of marriage, A knew that the minister did not have authority to When only one of the parties is in GF, share of the spouse in BF shall be
solemnized marriage because he has not renewed his license. How shall his share be disposed of at forfeited in favor of their children. If they do not have children or if the
the termination of the marriage? children waived it, the share shall go to each of their surviving descendants. If
there are no descendants, to the innocent spouse.
Maria and Alain’s marriage was declared void because of psychological incapacity. Trial court ruled YES, marriage was declared void on the ground of psychological incapacity
that the decree shall be issued after liquidation, partition and distribution. under Art 36 and not Art 40 (presumptive death) or 45 (voidable marriages).
Thus, what governs liquidation of properties is Co-ownership.
Petitioner contended that the trial court erred when it ordered that decree of absolute nullity should
only be issued after liquidation, partition and distribution of properties. Sec 19(1) Rule on Declaration Property relations in void marriages during period of cohabitation shall be
of Absolute Nullity does not apply to Art 147. Is the contention correct? governed by either Art 147 or 148. Art 496 states that “partition may be
made by agreement between parties or by judicial proceedings”.
It is not necessary to liquidate properties in the same proceeding for

declaration of nullity of marriage.
For unions without marriage and are not capacitated to marry each other:
1. This covers a union between man and woman who are not capacitated to marry each other but they live exclusively with each other as husband and wife without benefit of
marriage or under a void marriage.
a. Examples:
i. Bigamous marriages
ii. Adulterous relationships
2. Rule on Co-Ownership governs the property relationship when parties-spouses suffer from a legal impediment to marry or when they do not live exclusive with each other
(as husband and wife), provided there is proof of actual joint contribution.
a. Division:
i. Only properties acquired by both parties through their actual joint contribution of money, property or industry shall be owned by them in common in
proportion to their respective contributions.
1. Contributions and corresponding shares are presumed equal.
2. This rule and presumption also apply to joint deposits of money and evidences of credit.
b. “Actual Joint Contribution” means there must be proof that live-in partners have both contributed before the property is presumed to be co-owned by them.
c. “Equality of Contribution” arises only if there is no proof of the proportions of their contribution, subject to the condition that actual joint contribution must be
proven first. Simply put, there must be proof of actual joint contribution by both parties. Otherwise, there is no co-ownership and no presumption of equal sharing.
3. One of the parties is validly married to another (bigamous or adultery):

a. His share in the Co-Ownership shall accrue to the ACP or CPG of the valid marriage.
4. One of the parties is not validly married to another but is the one who is in BF:
a. Share of the party in BF in the Co-Ownership shall be forfeited in favor of their common children.
b. If they have no common children or descendants, or if the children or descendants waived their shares, the vacant share shall go to the respective (each of their)
surviving descendants.
c. If there are no descendants, the share shall go to the innocent party.
d. In all cases, forfeiture shall only take place upon the termination of the cohabitation or once the cohabitation is terminated.
5. Both parties are in BF:

a. Rules on Forfeiture in #6 and #7 shall apply.
In 1989, Rico (widower) cohabitated with Sarah (widow). While living together, they  Who would own the Riceland?
acquired a parcel of Riceland from their combined earnings. Rico and Sarah are co-owners. The regime is of Co-ownership under Art 147.
However, after Rico’s marriage to Letty, half of the interest of Rico’s Riceland will then
After Rico and Sarah separated, Rico lived together with Mabel who was 16 years old. become ACP.
While living together, Mabel housekept for Rico and did chores for him During their
cohabitation, Rico bought a parcel of coconut land with his savings.  Who would own the coconut land?
Rico is the exclusive owner because the regime is Sole or Single Proprietorship under Art
After living together for one year, Rico and Mabel separated. Rico married Letty, a single 148. However, after Rico’s marriage to Letty, coconut land will go to ACP.
woman 26 years of age. During their marriage, Letty bought a mango orchard out of her
personal earnings.  Who would own the mango orchard?
Rico and Letty are co-owners. Regime is ACP.
F. The Family (6)

Family as an The family is the foundation of the nation and is the basic social institution which public policy cherishes and protects.
institution 1. Family relations are governed by law.
a. No custom, practice or agreement that is destructive to the family shall be recognized or given effect.
2. Family relations include:

a. Between husband and wife
b. Between parents and children
c. Among brothers and sisters, whether of full or half-blood
3. No suit between members of the same family shall prosper unless it appears from the verified complaint or petition that earnest efforts towards a compromise have been
made but failed.
a. If it is not shown that any efforts were in fact made, the case must be dismissed.
b. This rule does not apply to cases which may not be subject of a compromise.
i. Cases that cannot be subjects of a compromise:
1. Civil status of persons
2. Validity of a marriage or legal separation
3. Any ground for legal separation
4. Future support
5. Jurisdiction of courts
6. Future legitime
c. The term “suit” does not include criminal or administrative actions. It is only confined to civil actions.
i. For RPC, Art 332 provides exemption from criminal liability only for Theft, Swindling, or Malicious Mischief committed by the following:
1. Spouses, ascendants and descendants or relatives by affinity in the same line.
2. Widowed spouse with respect to property which belonged to her deceased spouse before the property was passed to another person’s
possession.
3. Brothers and sisters, brothers-in-law and sisters-in-law if living together
ii. RPC exemption does not include civil liabilities.
d. Prescriptive period under Art 1109 NCC does not apply to the following, unless provided by FC:
i. Suits between husband and wife, even if separation of property is already agreed upon either through marriage settlements or by judicial decree.
ii. Suits between parents and children during the children’s minority or insanity.
iii. Suits between guardian and ward during the continuance of the guardianship.
4. Those not covered by the requirement on earnest efforts:

a. Partners living together as husband and wife without benefit of marriage.
b. Illegitimate relationships, except for brothers and sisters who are half-blood or full-blood
c. Brother-in-law and sister-in-law
5. Allegation of prior recourse to a barangay conciliation is sufficient for compliance in lieu of prior recourse to compromise in cases that are not included in the enumeration.
a. SEC 412(a) RA 7160 states that no complaint involving any matter within authority of the Lupon shall be instituted unless there has been confrontation between
parties and no settlement was reached.
Family home 1. The family home is constituted jointly by the husband and wife, or by an unmarried head of a family.
a. It must be part of the ACP or CPG, or of exclusive properties of either spouse with the latter’s consent.
b. It may also be constituted by an unmarried head of a family on his or her property.
c. A property that is subjected to a conditional sale on installments where ownership is reserved by the vendor only to guarantee the payment of the purchase price
may still be constituted as a family home.
d. It cannot be established on property held in co-ownership with third persons. However, it can be established partly on community or conjugal property and partly on
exclusive property of either spouse with consent of the other.
e. If it is constituted by an unmarried head, it can only be constituted on her own property if there is no communal or conjugal proeprty existing.
2. It is the dwelling house where they and their family reside, and the land on which it is situated.
a. A family home cannot be constituted without including the land on which it is erected.
i. The land on which the house is erected is an integral part of a family home.
ii. The definition and purpose of a family home implies that the home must be permanent in character. If a house is constructed on rented land, it becomes
temporary. Therefore, it cannot serve the purpose of a family home.
b. For purposes of availing benefits of a family home provided in this Chapter, a person may constitute or be a beneficiary of only one family home.
c. Provisions of this Chapter shall also govern existing family residences insofar as provisions are applicable.
i. If liability was incurred and writ of execution issued before FC became effective, a writ of execution may be enforced against the house and lot. If there
was no showing that the property was still a family home in accordance to NCC, it is not protected by FC.
Has the residential house and lot NO. It does not mean that Art 152 and 253 FC have a retroactive effect such that all existing family residences are deemed to have been
which A and his family built in 1960 constituted as family homes at the time of their occupation prior to effectivity of FC and are exempt from execution for payment of obligations
but which was not constituted as a that were incurred before FC became effective.
family home, whether judicially or
extrajudicially under NCC, been Art 162 simply means that all existing family residences at the time FC became effective are considered family homes and are prospectively
constituted as a family law by entitled to the benefits of a family home.
operation of law under Art 153 FC
and therefore exempt from Under NCC, a residential house and lot must be declared judicially or extrajudicially as a family residence or family home. Without it, the
execution of money judgment where benefits provided by law cannot be availed of.
debt or liability was incurred before Since the debt also was incurred before FC’s effectivity, A cannot be protected.
effectivity of the FC?
My notes: this also applies when residential house and lot was existing before but destroyed before FC.
3. It is deemed constituted on a house and lot from the time it is occupied as a family residence.
a. From the time of its constitute and as long as any of its beneficiaries actually resides in it, the house and lot continues to be family home.
i. There is no need for judicial or extrajudicial constitution of the family home. Once it is occupied as a family residence, and beneficiaries are actually
residing in it, it is constituted as one.
b. Death of one or both of spouses or unmarried head:

i. The family home shall continue despite the death of one or both spouses or of the unmarried head
1. Period for:
a. 10 years
b. As long as there is a minor beneficiary
2. The heirs cannot partition the family home unless the court finds compelling reasons for it.
a. Thus, heirs can partition the family home only after a period of 10 years and only when the minors are no longer minor beneficiaries
living in the home.
b. The heirs cannot partition the family even if the 10-year period has lapsed as long as children continue to be minor beneficiaries
living in it.
3. This rule applies regardless of whoever owns the property or whoever constitutes the family home.
4. It is exempt from execution, forced sale or attachment, except as hereinafter provided and to the extent of the value allowed by law.
a. Right to exemption of forced sale is a personal privilege granted to the judgment debtor.
i. If a family home is attached, remedy is to file a petition to quash the writ of attachment. If there is no motion filed, benefit of exemption is considered
waived.
ii. A claim for exemption must be set up and proved to the sheriff. Failure to do so would result to Estoppel.
iii. It must be claimed by the debtor himself before the sale of the property at the public auction. It is must not be claimed by the sheriff.
iv. It is not enough that the person claiming the exemption only alleges that the property is a family home. It must be set up and proven to the sheriff.
v. A family home is a real right which is gratuitous, inalienable and free from attachment, constituted over the dwelling place and the land on which it is
situated. It confers upon a particular family the right to enjoy such properties. It must remain with the person constituting it and his heirs.
b. EXCEPTIONS:
i. Non-payment of taxes
ii. Debts incurred before the family home is constituted
iii. Debts secured by mortgages on the premises before or after the family home is constituted
iv. Debts due to laborers, mechanics, architects, builders, materialmen and others who have rendered services or furnished material for the construction of
the building
c. FC explicitly allows forced sale of a family home for debts secured by mortgages on premises before its constitution.
d. If the apprised property subject of execution is alleged to be a family home, the trial court must observe the following procedure:
i. Determine if the petitioner’s obligation falls under exceptions of Art 155.
ii. Make an inquiry into the veracity of the petitioner’s claim that the property is his family home:
1. Conduct an ocular inspection
2. Examine the title
3. Interview the community where the alleged family home is located to know if the petitioner actually resides in it.
4. Order that photographs and affidavits be submitted.
5. Examine the petitioner, his children and other witnesses.
6. Give respondent an opportunity to cross-examine and present contrary evidence.
iii. If the property is found to be the family home, the court should determine:
1. If obligation was incurred before or after the effectivity of the FC.
2. If the spouse is still alive or if there are other beneficiaries.
3. If petitioner has more than one residence and which of those is the family home
4. Actual location and value of the property
Because of a writ of execution for an action of sum of money filed by A against B, B’s lands were levied and NO. The reason why the law does not exempt the family home if debts
sold at a public auction where A became the highest bidder. are incurred after its constitution is to protect the creditor against a
debtor who may act in BF by resorting to such declaration just to
When B failed to redeem the property, the sheriff issued the corresponding final certificate of sale while A defeat the claim against him.
filed a motion for issuance of writ of possession.
If the purpose is to protect the creditor from fraud, it would be
B opposed the motion, alleging that one parcel constituted a family home after the decision of the case was immaterial if the debt incurred be undisputed or inchoate because a
issued. He now contends that since the money judgment rendered against him was appealed to the SC, it debtor acting in GF would prefer to wait until his case is finally decided
could not be considered a debt at the time the family home was constituted because it was still inchoate. before constituting a family home. Hence, the money judgment in this
Thus, such house and lot are beyond judicial execution. Is this tenable? case is within purview of debt used in Art 155(2).
e. Actual value of the family home shall not exceed 300,000 in urban areas and 2,000 in rural areas or such amounts fixed by law at the time of its constitution.
i. If the value of currency changes after adoption of FC, the value most favorable for the constitution of the family home shall be the basis of evaluation.
ii. Urban areas are deemed to include chartered cities and municipalities whose annual income at least equals that legally required for chartered cities.
iii. All others are deemed to be rural areas.
f. When a creditor has a claim that is not included in the 4A (Art 155) obtains a judgment in his favor, and he has reasonable grounds to believe that the family home
is worth more than the maximum amount fixed in 4B (Art 157), he may apply to the court for an order directing sale of the family home under execution.
i. The court shall order if it finds that the actual value of the family home exceeds the maximum amount allowed by law as of the time of its constitution.
ii. If the increased actual value exceeds the maximum and is because of subsequent voluntary improvements, the same rule and procedure shall apply.
iii. At the execution sale, no bid lower than the value allowed by law for a family home shall be considered.
1. The proceeds of the execution sale shall be applied to this order:
a. Amount mentioned in Art 157
b. Liabilities under the judgment and costs
c. Judgment debtor if there are still any excess
g. Family home may be sold, alienated, donated, assigned or encumbered by its owners with written consent of the person who constituted it, his spouse, and a
majority of beneficiaries of legal age. In case of conflict, the court shall decide.
5. Beneficiaries of a family home:

a. They are:
i. Husband and wife, or an unmarried head of the family.
ii. Their parents, ascendants, descendants, brothers and sisters, whether the relationship be legitimate or illegitimate, who are living in the family home and
who depend upon the head of the family for legal support.
b. Enumeration may include in-laws where the family home is constituted jointly by the husband and wife.
i. This excludes maids and overseers. They are not beneficiaries. Thus, occupancy of overseers is not sufficient.
ii. A grandson is not a beneficiary of his grandparents even if he is living in the household because he is not dependent on the grandfather for support.
c. Occupancy of the beneficiaries must be actual. Actual is something real and existing as opposed to presumptive or constructive.
i. Actual occupancy does not need to be specifically by the owner of the house. Actual occupancy of beneficiaries is enough.
G. Paternity and Filiation (40)

General 1. Filiation may be by nature or adoption.
provisions 2. Natural filiation may be legitimate or illegitimate.
3. Adoption may be domestic or inter-country.
Paternity Filiation
Definition Civil status or relationship of the father to the child. Civil status or relationship of the child to the mother or father.
In a generic sense, it is also used to designate the civil status of a
mother in realtoin to the children begotten to her.
4. High standard of proof is required to establish paternity or filiation.

a. An order for recognition and support may create an unwholesome situation or may be an irritant to the family or the lives of the parties, except if established by clear
and convincing evidence. Hence, mere personal appearance and admission of defendant that he had sexual intercourse with the mother is not sufficient.
5. DNA evidence is allowed to prove legitimacy even if the father has already died.
a. Death of the father does not negate the application of DNA as long as biological samples of his DNA exist.
6. Status and filiation of a child cannot be compromised.
Legitimate 1. The following are legitimate children:

children a. Those conceived or born during the marriage.
b. Those conceived as a result of artificial insemination of the wife with the sperm of the husband or that of a donor or both are legitimate children of the husband and
wife, provided that both of them authorized or ratified such insemination in a written instrument executed and signed before birth.
c. Those conceived or born in a subsequent marriage because of the failure to comply with the requirement of partition and distribution of spouses’ properties and
children’s presumptive legitimes upon judgment of annulment or absolute nullity of marriage.
d. Those conceived or born before termination of marriage due to recording of reappearance of absent spouse
e. Those conceived or born before judgment absolute nullity under Art 36 (psychological incapacity)
f. Those conceived or born before a final and executory decree of annulment of marriage under Art 45 (voidable marriages)
g. Those conceived or born beforeof the subsequent marriage under Art 53 (non-compliance of partition and distribution of properties and presumptive legitimes), even
if the subsequent marriage shall be void.
2. “Result of artificial insemination”

a. Requirements in order to consider child conceived through artificial insemination valid:
i. Both spouses must authorize or ratify such insemination.
ii. Authorization or ratification is in a written instrument signed by them before the child was born.
iii. Instrument is recorded in civil registrar together with the birth certificate of the child.
b. Even if these requirements are not met, the child can still be considered legitimate if the father does not impugn the legitimacy of the child on the grounds provided
by Art 166 and within the prescriptive period.
3. Right of legitimate children:
a. Bear the surnames of the father and mother in conformity with NCC on Surnames
b. Receive support from their parents, ascendants and in proper cases, their brothers and sisters, in conformity to FC on Support.
c. Be entitled to legitimate and other successional rights granted to them by NCC.
4. Legitimacy of the child may only be impugned or challenged.

a. Exclusive grounds:
i. It was physically impossible for the husband to have sexual intercourse with his wife for the first 120 days of 300 days which immediately preceded the
birth of the child:
1. It was impossible for the husband to have sexual intercourse.
2. Husband and wife were living separately in such a way that sexual intercourse was not possible.
3. Husband suffers a serious illness, which absolutely prevented sexual intercourse.
ii. It is proved that child could not have been of the husbands for biological or other scientific reasons except for artificial insemination.
iii. In case the child was conceived through ratification insemination, written authorization or ratification of either parent was obtained through mistake,
fraud, violence, intimidation or undue influence.
iv. “It was impossible for the husband to have sexual intercourse.”
1. Physical incapacity to have sexual intercourse must be proved by convincing and persuasive evidence.
2. Fact that husband was absolutely stiff in the hips at the time of conception of the child is not conclusive.
v. “Husband and wife were living separately in such a way that sexual intercourse was not possible.”
1. Mere remoteness of wife from husband is not sufficient.
2. Testimony that the husband and wife were living 30 miles away from each other is not enough.
vi. “Husband suffers a serious illness, which absolutely prevented sexual intercourse.”
1. Tuberculosis is not sufficient to overcome the presumption of legitimacy.
a. It does not prevent sexual intercourse even if it is in its last stages.
2. Impossibility of access includes:
a. Absence of the husband during initial period of inception.
b. Patent, continuing and incurable impotence
c. Imprisonment, unless cohabitation took place through corrupt violation of prison regulations
vii. “It is proved that child could not have been of the husbands for biological or other scientific reasons except for artificial insemination.”
1. Racial dissimilarity may be sufficient scientific proof. Hence, physical appearance may actually be a factor to belie filiation instead of proving it.
2. For sterility to be a proof of non-paternity, it must be shown that husband was completely sterile at the time the child was conceived.
Sterility Impotency
Definition Ability to procreate. Inability to copulate.
viii. “In case the child was conceived through ratification insemination, written authorization or ratification of either parent was obtained through mistake,
fraud, violence, intimidation or undue influence”
1. Mistake, fraud, violence, intimidation or undue influence can be exerted not only by spouses but also be third persons.
b. The child shall be considered legitimate even if the mother declared against its legitimacy or may have been sentenced as an adulteress.
i. A mother has no right to disavow a child because maternity is never uncertain.
ii. An assertion of the mother against the legitimacy of the child cannot affect it if the child is born or conceived during a valid marriage.
iii. There are 3 reasons for this provision:
1. In a fit of anger, or to arouse jealousy in the husband, the wife may have made this declaration.
2. Child should not be under the mercy of the passion of the parents. Thus, the husband whose honor has been offended by his wife’s adultery
may have obtained a confession from her against the legitimacy of the child through coercive means. Or the wife, out of vengeance or spit may
declare the child as not her husband’s although the statement is false.
3. If a woman cohabits during the same period with two en, nobody can determine who is really the father of the child.
iv. Under these cases, only the husband can contest the legitimacy of the child.
c. Action to impugn the legitimacy of the child:

i. GR: The husband impugns the legitimacy of the child.
1. : Heirs of the husband may impugn the filiation within the period prescribed only in the following cases:
a. If the husband dies before expiration of the period to file an action to impugn.
b. If the husband dies after filing the complaint provided he did not desist from it.
c. If the child was born after the husband dies.
2. It is only in exceptional cases that heirs are allowed to contest legitimacy. Outside these cases, not even his heirs can impugn it.
ii. The period shall be counted from the discovery or knowledge of birth of child or of the fact of registration of such birth, whichever is earlier.
1 year Husband or any of his heirs reside in the city or municipality of place birth or place of record.
2 years Husband or all of his heirs do not reside at the place of birth or place of record but they reside in the Philippines
3 years Husband or all of his heirs do not reside at the place of birth or place of record and reside abroad
Illegitimate 1. Children conceived and born outside a valid marriage are illegitimate, unless otherwise provided in this Code.
children a. Children conceived or born in a marriage that is void ab initio are illegitimate because they are children born outside a valid marriage.
i. When one party is below 18 years of age, even with parental consent.
ii. Solemnizing officer actually has no legal authority to perform the marriage.
iii. Lack of marriage license.
iv. Bigamous or polygamous marriages
v. Marriage through mistake of identity of the party
vi. Incestuous marriages
vii. Against public policy
2. Rights of illegitimate children:

a. Use the surname
b. Be under parental authority of their mother
c. Be entitled to support in conformity with FC
d. Legitime shall consist of ½ legitime of each legitimate child. Except for this modification, all other provisions in NCC on Succession shall be in force.
Legitimate and legitimated children Illegitimate children

Use of surname Right to bear the father’s name. GR: Required to use the mother’s name.
: If the child’s filiation has been expressly recognized by the father
through:
1. Record of birth certificate appearing in the civil register
2. Admission in a public instrument
3. Admission in a private handwritten instrument by the father
(Sec 1 RA 9255).
Parental authority Joint authority Sole parental authority of the mother.
Support Entitled to receive support from any of direct ascendants or descendants in Entitled to receive support only up to his grandparents or grandchildren
accordance with priority set in Art 195 and 199. as provided under Art 195(2) and (3): “Parents and their legitimate
children, and the legitimate and illegitimate children of the latter.”
Art 195 states, “following are obliged to support each other”:
1. Spouses No preferential right to support over the mother if father has no
2. Legitimate descendants and ascendants sufficient means to meet both claims (what do you mean by this?)
3. Parents and their illegitimate children and the Illegitimateand
legitimate children of the latter
4. Legitimate brothers and sisters, whether full blood or half-blood
Art 199 states, “whenever two or more people are obliged to give support,
liability shall transfer upon the following”:
1. Spouses
2. Descendants in nearest degree
3. Ascendants in nearest degree
Mother has preferential right to be supported if father has no sufficient means
to meet both claims.
Successional right (Legitime) Entitled to inheritance Entitled to ½ of legitimate child’s share
(Intestate) Right to inherit ab intestato from legitimate children and relatives of No such right
his father and mother
Right under SSS and Primary beneficiary Not primary beneficiaries
GSIS
Effect of Paternity Leave Father is entitled to paternity leave of 7 days with full pay No such benefit
under RA 8187
Legitimate child enjoys a preferred and superior status. He is entitled to bear He is bound to use the surname and be under parental authority only of
the surname of both his father and mother, full support and full inheritance. his mother. He can claim support only from a limited group and his
legitime is exacerbating discrimination against him
3. An illegitimate child may impugn the validity of the marriage of her father.
a. Since a void marriage cannot be a source of any rights. Any interested party may attack the marriage directly or collaterally. It can even be questioned beyond the
lifetime of the parties to the marriage.
b. Voidable marriages, on the other hand, can only be questioned during the lifetime of the parties and not after the death of either. That is why action for declaration
of nullity is prescriptible. Only parties to the marriage can assail it.
Proof of 1. The law establishes the status of a child from the moment of birth. Although a birth certificate or birth record may be used as primary evidence of filiation, proof of filiation
filiation is necessary only when legitimacy of the child is being questioned, or when the status of a child is born after 300 days following the termination of marriage is sought to be
established.
2. Filiation may be proved and established.

a. Primary means:
i. Record of birth appearing in the civil register or a final judgment.
ii. Admission of legitimate filiation in a public document or private handwritten instrument signed by the parent concerned.
b. Secondary means:
i. Open and continuous possession of status of a legitimate child.
ii. Any other means allowed by RC.
1. An act of declaration concerning the pedigree (Sec 33, Rule 130)
2. Family reputation or tradition concerning pedigree (Sec 34 Rule 130)
3. Common reputation respecting predigree (Sec 35 Rule 130)
4. Judicial admission (Sec 2, Rule 129)
5. Admission of a party (Sec 22, Rule 130)
6. Admission by silence (Sec 23, Rule 130)
iii. “Record of birth appearing in the civil register or a final judgment.”

1. A birth certificate, on its own, is not considered an evidence of filiation. It is considered hearsay and is not conclusive proof.Pictures,
baptismal certificates, public instruments and private instruments must have manifestations, pretensions or references between parties in
order to prove filiation. On its own, these are not enough.
a. While a birth certificate may be considered a public document, it can only serve as evidence of the administration of sacrament on
the date specified but not the veracity of the child’s paternity. Since it is inadmissible as proof of filiation, it cannot be also accepted
as circumstantial evidence.
b. A birth certificate, to be a validating proof of paternity and to be an instrument of recognition, must be signed by the father and
mother jointly, or by the mother alone if the father refuses.
c. If the father did not intervene in the making of the birth certificate, putting of his name is void. Signature of the father is necessary.
d. An unsigned birth record cannot be proof of filiation. This rule does not apply if the father himself gave all the date regarding the
child’s birth and caused his name to be placed as the child’s father. Even if he did not sign the birth certificate, it is still competent
proof that he is the father because he was the one who supplied the date to the nurse.
iv. “Admission of legitimate filiation in a public document or private handwritten instrument signed by the parent concerned.”
1. An evidence of filiation in authentic writing does not need to be in a public instrument. It is enough that it is genuine and an indubitable
writing of an acknowledging parent.
2. A handwritten autobiography can be considered as evidence of filiation, even if it is not signed.
a. When a private handwritten instrument is accompanied by other relevant and competent evidence, it is enough that it is shown to
have been made and handwritten by the acknowledging parent because it is corroborative of such other evidence.
b. This also covers writs in book memoirs or family albums.
3. A will not presented for probate still constitutes a public document or private handwritten instrument signed by the parent concerned, and
will sufficiently establish filiation. This also applies to a revoked will.
v. “Open and continuous possession of status of a legitimate child.”

1. “Continuous” only means that it is not intermitted. It must be uninterrupted and consistent, but it does not require any particular length of
time.
2. Possession of status means that the father treated the child as his own directly and not through others, spontaneously and without
concealment, although publicity is not necessary.
a. There must be a showing of permanent intention of the supposed father to consider the child as his own by continuous and clear
manifestation of paternal affection and care.
3. An act of charity is not enough to show continuous and clear manifestation. Paternal affection and care must not be attributed to pure
charity.
vi. “Any other means allowed by RC.”

1. When the father openly through words and deeds recognizes his child, the courts can do no less than confirm the said acknowledgement.
a. Vowing to be a good father to the child and certificate of birth showing that he is the father is conclusive.
2. Blood group testing is conclusive to non-paternity but not to paternity.

a. Under NCC, blood tests will not be a ground to impugn the legitimacy of the child so long as there was no physicial impossibility of
acess between HW during thefrist 120 days of 300 days immediately preceding the birth of the child.
b. Under Art 166(2) FC however, blood tests can be submitted as proof to support impugnation (or challenge) of the legitimacy of the
child.
c. Science has demonstrated that by analysis of blood samples of the mother, child and alleged father, it can be established
conclusively that he is not the father of the child. But group blood testing cannot show that a man is the father of a particular child, it
may only have some probative value if the blood type and combination in the child is rare. Thus, it is up to the discretion of the
judgment whether to admit the results.
3. Action to claim legitimacy for legitimate children:

a. GR: The child claims his legitimacy during his lifetime.
i. : His heirs may claim it for the heir in the following cases:
1. The child dies during minority.
2. The child is in the state of insanity.
b. Period of filing a claim of legitimacy:
During the child’s lifetime The action is filed by the child.
5 years The action is filed by the heirs when the child dies in minority or is insane.
c. If the action already commenced the action, the action shall survive even if the child or the parent or both dies.
4. Action to claim illegitimacy for illegitimate children:

a. Illegitimate children can claim illegitimacy with the same evidence as legitimate children.
i. Differences with action to claim legitimacy of legitimate children:
1. Action to claim legitimacy is not transmissible to heirs.
2. If action is based on open and continuous possession of status of an illegitimate child, or any other means provided by RC or special rules, it may
only be brought during the lifetime of the alleged parent.
3. If action is based on record of live birth or final judgment, or admission in a public instrument or a private handwritten instrument, it can be
brought up during the lifetime of the child.
4. If action is based on open, continuous possession of status or any other means in RC, action must be brought during lifetime of alleged parent.
b. To prove open and continuous possession of status of an illegitimate child, there must be evidence of manifestation of permanent intention of the father to
consider the child as his, by his continuous and clear manifestation of parental affection and care, which cannot be attributed to pure charity.
i. It must not only show conviction of paternity but also apparent desire to treat the child as his in all relations of society and life. It must not be accidental
but continuous.
c. In an action for compulsory recognition, the mother of the natural child may testify as to the identity of the putative father because filiation of a child may be
proven by any evidence or proof that the defendant is his father.
AB got married. During their marriage, two  On proof of filiation

children were borth. Due recognition of an illegitimate child in a birth record, will, statement before court, or in any authentic writing is a
consummate act of acknowledgement and no further court action is required. In fact, any authentic writing is not just a ground for
A third person acknowledged the same children compulsory recognition. It is, in itself, a voluntary recognition that does not require a separate action for judicial approval.
as his own illegitimate children in a notarized
document. He died intestate, leaving behind If the claim for recognition is predicated on other evidence merely to prove paternity, judicial action must be filed within Statute
assets consisting of shares of stock and some of Limitations to establish the child’s acknowledgement. “On other evidence” means outside birth record, will, statement before
real property. court, or in any authentic writing.
On the strength of his notarized acknowledged,  On presumption of legitimacy

the chilredn filed a complaint for “Partition with The children were born during the marriage of their parents and the certificate of live birth identify their legitimate father as is,
Inventory and Accounting” of the Dizon Estate. shown in the records. Upon expiration of records set forth in Art 170 and 171, action to impugn the legitimacy of a child would no
longer be feasible and the status conferred by the presumption becomes fixed and unassailed.
The third person’s surviving souse and
legitimate children sought to dismiss the To establish illegitimate filiation would in effect impugn legitimate status. This cannot be done because the law itself establishes the
partition case because the complaint would call legitimacy of children conceived or born during the marriage of the parents. The presumption of legitimacy fixes a civil status for
for altering the status of the children. They children born in wedlock. Only the father, or his heirs in exceptional instances can contest in an appropriate action the legitimacy of
prayed that the action was made to compel a child.
recognition of the children. An action for
partition is not the appropriate forum to  On application of Divinagracia case
ascertain the issue of paternity and filiation, as In that case, SC remanded an action for partition to trial court. The action was filed by an illegitimate child who claimed ot be an
this issue could only be taken up in an acknowledged spurious child by virtue of a private document signed by the acknowledging parent evidencing recognition. It was not
independent suit or proceeding. a case of legitimate children asserting to be somebody else’s illegitimate children.
The children maintained their recognition The rule thathte written acknowledge made by the deceased cannot be invoked in this case. Thus, the issue of whether the children
embodied in an authentic writing as sufficient are indeed the acknowledged illegitimate offsprings of the decedent cannot be aptly adjuciated without first instituting an action to
to establish their status. This does not require a impugn their legitimacy as the legitimate children of AB.
separate action for judicial approval as required
in Divinagracia vs. Bellosillo. They say the case is Jurisprudence strongly settles that the paramount declaration of legitimacy by law cannot be attacked collaterally. A child born in
inapplication because there has been no wedock shall be considered legitimate although the mother may have declared against its legitimacy or may have been sentenced
attempt to impugn legitimate filiation. Decide as having been an adulteress.
the case.
a. There is no law imposing a requirement that an action to compel acknowledgement must be instituted and prosecution before the heir can have a share in
Succession.
i. A natural child who was not legally acknowledged may still invoke his inheritance in a partition proceeding against co-heirs. He may also intervene in the
proceedings for distribution of estate of his deceased natural father. There is no need to show a prior decree compelling acknowledgement. (Double
check)
Legitimated 1. They are children conceived and born outside of wedlock, when parents were not disqualified by any impediment to marry each other at the time of the children’s
children conception.
a. Legitimation shall take place by a subsequent valid marriage between parents. Annulment of a voidable marriage shall not affect the legitimation.
2. Legitimated children shall enjoy the same rights as legitimate children.

a. Bear the surnames of the father and mother in conformity with NCC on Surnames
b. Receive support from their parents, ascendants and in proper cases, their brothers and sisters, in conformity to FC on Support.
c. Be entitled to legitimate and other successional rights granted to them by NCC.
3. Effects of legitimation shall retroaction to the time of the child’s birth.

a. Children who died before the marriage of their parents were celebrated shall still be legitimated. Legitimation shall benefit the children’s descendants.
b. Only those prejudices in their rights may impugn it:
i. Testamentary heirs
ii. Intestate heirs
c. They shall enjoy the same rights as legitiamte children
4. Legitimation may be impugned only by those prejudiced in their rights.

a. This must be filed 5 years from the time their cause of action accrues.
b. Grounds for impugnation:
i. Subsequent marriage of the child’s parents is void.
ii. Child allegedly legitimated is not natural.
iii. Child is not really the child of alleged parents.
5. If there is legal impediment to marry, the appropriate remedy for the child is not legitimation but adoption to elevate his status as of a legitimate child.
H. Adoption (28)
RA 8552 Adoption may be defined as the juridical act which creates between two persons a relationship similar to that which results from legitimate paternity and filiation.
(Domestic in the Philippines, adoption proceeds are judicial not administrative.
Adoption Act) Common requisites for a valid adoption:
1. Legal age, in possession of full civil capacity and legal rights, of good moral character
2. Has not been convicted of any crime involving moral turpitude, emotionally and psychologically capacity of caring for children
3. At least 16 years older than the adoptee
4. Who is in a position to support and care for his children in keeping with the means of the family.
5. Person adopted must not be prohibited by law from being adopted.
6. Written consent of those who shall be necessary must be served.
7. A judicial decree of adoption must be sercured.
Who may adopt 1. Who may adopt:
a. Any Filipino citizen.
i. Requirements:
1. Legal age, in possession of full civil capacity and legal rights, of good moral character
2. Has not been convicted of any crime involving moral turpitude, emotionally and psychologically capacity of
caring for children
3. At least 16 years older than the adoptee
4. Who is in a position to support and care for his children in keeping with the means of the family.
ii. “At least 16 years older than the adoptee”

1. Requirement of 16-year difference between the age of the adopter and adoptee may be waived when:
a. Adopter is the biological parent of the adoptee
b. He is the spouse of the adoptee’s parent
2. A mother, who is only 14 years old than her illegitimate child may still adopt her child.
a. Under Sec 7 Ra 8552, the rule may be relaxed if the adopter is the natural parent of the adopted
or is the spouse of the legitimate parent of the person to be adopted.
iii. “Who is in a position to support and care for his children in keeping with the means of the family”
1. A person with adopted children may still adopt another child as long as he is in the position to support and
care for his adopted children.
2. An alleged capacity to support an adoptee through the help of other persons is not enough to support a
petition for adoption. Adoption is personal between the adopter and the adoptee. Adopter should be in the
position to support the would-be adopted child in keeping with the means of the family.
b. Any alien.
i. As a rule, an alien may not adopt in the Philippines, except:
1. He is a former citizen who wants to adopt a relative within the 4th degree.
2. He has a Filipino spouse and he wants to adopt the legitimate child of his Filipino spouse.
3. He has a Filipino spouse and they want to adopt jointly a relative within the 4th degree of the Filipino spouse
ii. If the alien is not included in the exceptions, he may still apply but it will be under the Rules on Inter-Country
Adoption.
iii. Same qualifications as above stated for Filipino nationals

1. Requirements(See notes on qualifications for Filipino nationals above):
a. Legal age, in possession of full civil capacity and legal rights, of good moral character
b. Has not been convicted of any crime involving moral turpitude, emotionally and psychologically
capacity of caring for children
c. At least 16 years older than the adoptee
d. Who is in a position to support and care for his children in keeping with the means of the family.
iv. Additional requirements:

1. His country has diplomatic relations with the Philippines.
2. He should be living in the Philippines for at least 3 continuous years before he filed the application for
adoption. He must maintain this residence until the adoption decree is issued.
3. He is certified by his diplomatic or consular office or any appropriate government that he has legal capacity to
adopt in his country.
4. His government allows him the adoptee to enter his country as his adopted child.
v. Requirement on residency and certification of qualification to adopt in his country may be waived when:
1. He is a former citizen who seeks to adopt a relative within 4th degree.
2. He has a Filipino spouse and he wants to adopt the legitimate child of his spouse.
3. He has a Filipino spouse and they want to adopt jointly a relative within 4th degree of the Filipino spouse.
c. Guardian with respect to the ward after the termination of guardianship and clearance of his financial accountabilities.
i. The reason why the guardian cannot adopt the ward before his final accounts are approve is to prevent the commission
of fraud in handling the properties of the ward.
Spouses Clause, a natural-born US citizen and Evelyn, a  Alvin is not qualified to adopt under FC and RA 8552.
former Filipino who became a naturalized US citizen, filed a A is not Alvin’s relative by consanguinity or legitimate or Evelyn’s legitimate child.
petition to adopt Evelyn’s brother, A. Are the spouses When they filed the petition to adopt A, Evenlyn is no longer a Filipino citizen.
qualified to adopt?
 Evelyn, on the other hand, may qualify under Sec 7 RA 8552.
She was a former citizen. Unfortunately, the petition for adoption cannot be granted
in her favor alone without violate the mandatory requirement of joint adoption by
husband and wife.
A and B are married. B filed a petition to adopt C without YES, because even if A is not named as petitioner, his affidavit of consent attached
joining A. She only attached an affidavit of A consenting to showed that he actually joined his wife in adopting the child. His testimony in open
the adoption. A also testified in court. Is the adoption valid? court was sufficient to make him a co-petitioner.
A filed a petition for adoption without impleading her  Dura Sed Lex applies because the law is explicit that the husband and
foreigner spouse. Subsequently, her foreign husband wife should adopt jointly.
remarried another. She contended that: This is in consonance with the concept of joint parental authority over the child.
1. Dura Sed Lex should not apply to rule on joint
adoption because it is the duty of the court and  Affidavit of Consent does not suffice.
the State to protect the paramount interest and The foreigner husband must meet the qualifications under Sec 7 RA 8552:
welfare of the child. 1. His country has diplomatic relations with the Philippines.
2. Her husband gave his consent by way of affidavit. 2. He should be living in the Philippines for at least 3 continuous years
3. Joint parental authority is not necessary anymore before he filed the application for adoption. He must maintain this
because children have been emancipated after residence until the adoption decree is issued.
reaching age of majority. 3. He is certified by his diplomatic or consular office or any appropriate
government that he has legal capacity to adopt in his country.
4. His government allows him the adoptee to enter his country as his
adopted child.
Requirements on residency and certification of alien’s qualification to adopt cannot
also be waived because the child to be adopted is not one of the exceptions.
 It is true that when a child reaches age of emancipation, emancipation

terminates parental authority over the person and property of the
child, who shall be qualified and responsible for all acts of civil life.
However, parental authority is only one of the effects of legal adoption.
2. Applicable rules when a married person (whether Filipino or Foreign who has a Filipino husband or wife) wants to adopt a child:
a. GR: Both of them just adopt jointly.
i. EXCEPTIONS:
1. If one of them seeks to adopt the legitimate child of the other.
2. If one of them seeks top adopt his own illegitimate child.
3. If they are legally separated from each other.
ii. In case the applicant seeks to adopt his own illegitimate child, the other spouse must give his consent.
iii. In case it is the GR or when a spouse adopts the illegitimate child of the other (this is on the point of view of the spouse
who gave consent to the applicant, relate to B and #2), they shall exercise joint parental authority.
b. My notes: this applies even to the guardian if he is married.
3. Necessary consent needed in adoption proceedings:

a. Written consent of the following to the adoption is required:
i. Adoptee himself if he is 10 years or over.
ii. Adopter’s illegitimate children if living with him and 10 years or over, and the adopter’s spouse.
iii. Adopters and adoptee’s legitimate and adopted children who are 10 years or over.
iv. Adopter and adoptee’s spouse
v. Biological parents of the child if known or the legal guardian, or proper government instrumentality what has legal
custody.
b. “Biological parents of the child if known or the legal guardian, or proper government instrumentality what has legal custody”.
i. If the written consent of biological parents cannot be obtained, consent of the legal guardian must be sought.
ii. Written consent must show that the abandonment must exist at the time of adoption and a settled purpose to forego all
parental duties.
c. “Adopter’s illegitimate children if living with him and 10 years or over; Adopters and adoptee’s legitimate and adopted children
who are 10 years or over.”
i. Provisions of Art 131 PD 603 and Art 188 FC are mandatory and not directory.
1. If the adopter has children by nature, whether legitimate, adopted or illegitimate, two conditions must
concur:
a. He must be in the position to support and care for these children in keeping with the means of the
family, both material and otherwise.
b. He must secure the written consent ofsuch children.
2. The reason for these conditions are:
a. Right to receive support which is predicated upon the birth of the child.
b. Right to the legitime and successional rights which is predicated upon the death of the parents.
3. Right to support is real and existing but only good up to the time the child reaches age of majority while the
other is contingent and inchoate but there is a transmission of successional rights.
4. If the parents desire to adopt a child, despite the fact that they already have children, this adoption will
prejudice their children.
a. Indirectly, there is a reduction of support and legitime that they are entitled in a manner not
authorized by law. Thus, adoption is allowed but subject to the two conditions.
ii.
Who may be adopted 1. They are:

a. A person below 18 years of age and who has been administratively or judicially declared available for adoption.
b. A person of legal age if the adopter has consistently considered and treated him as his own since minority
c. Legitimate child of one of the spouses
d. Illegitimate child to improve his status to legitimacy
e. Child whose adoption has been previously rescinded
f. Child whose biological or adoptive parent/s has or have died.
2. “A person below 18 years of age and who has been administratively or judicially declared available for adoption.”
a. The process of declaring a child to be legally available for adoption shall be administrative.
b. DSWD certification that the child is legally available for adoption shall be sufficient in lieu of a judicial order.
3. “Child whose biological or adoptive parent/s has or have died”.

a. No proceedings shall be initiated within 6 months from the time of one or both of his parents’ death.
4. Assuming that all requisites of a valid and effective adoption are present, a person may adopt his grandchild, brother or sister or step-child.
a. There is no provision in Child and Youth Welfare Code which explicitly declares that the adopter may do so but there is no law also
prohibiting it.
b. The fact that the adoption would result in a dual relationship between the parties should not prevent the adoption. One is by
nature and the other is by legal fiction.
c. The adopted child in this case cannot be considered a relative of of ascendants and collateral relatives of the adopting parents, or of
the legitimate children which they may have after adoption.
Effects of adoption decree 1. A decree of adoption shall be effective as of the date the original petition was filed. This applies also in case the petitioner-adopter dies
before the adoption decree is issued.
a. : In Tamargo vs CA, petition for adoption was granted after the adopted child shot and killed a girl. SC did not consider the
retroactive effect of the decree so as to impose liability to the adopting parents because at the time of the incident, they did not
have any actual or physical custody over the adopted child.
i. Retroactive effect maybe given when it allows benefit or advantage in favor of the adopted child. To hold the adopting
parents to be liable for a tortious act they could neither have foreseen nor prevented would be unfair and contrary to
the Doctrine of Vicarious Liability.
2. A degree of adoption is not subject to a collateral attack like in actions for partition. Only a direct proceeding can address the issue.
3. Effects of adoption:
a. Legal ties between the biological parents and adoptee shall be severed and transferred to the adopters, except if one of the
adopters is the biological parent.
b. .Adoptee shall be considered legitimate child for all intents and purposes.
c. Adoptee and adopters shall have reciprocal rights of succession without similar to legitimate filiation. However, if there is a will,
rules on testamentary succession shall be followed.
4. If a foreign child is adopted, he does not automatically acquire Filipino citizenship.

a. Acquisition of citizenship requires the character of naturalization which is regulated by special law and not by the FC or NCC.
5. If an alien adopts a Filipino child, NCC cannot confer the nationality of the adopter to the child because this is a matter of foreign law.
a. Adoption is not one of the modes of losing Philippine citizenship provided under CA 63. A Filipino child adopted by an alien retains
his Philippine citizenship unless he acquires the nationality of the adopter by other means in the latter’s national law.
Rights of an adopted child 1. For civil purposes, adopted shall be deemedas the legitimate child of adopters.
(include Art 189-190 FC) a. Both the adopters and adopted shall acquire reciprocal rights and obligations arising from the relationship of a parent and child.
b. This includes the right to use the surname of the adopters.
2. He shall be entitled to:

a. Joint parental authority of the adoptive parents
b. All rights and obligations provided by law to legitimate children born to them without discrimination of any kind.
c. Love, guidance and support in keeping with the means of the family.
3. An illegitimate child that has been subsequently adopted by his natural father is allowed to use the surname of his natural mother as his
middle name:
a. It is necessary to preserve and maintain the child’s filiation with her natural mother because under Art 189, she remains to be the
intestate heir. Her relationship or proof that that relationship with her natural mother should be maintained.
b. There is no law expressly prohibiting the adopted to use the surname. What the law does not prohibit, allows.
c. It Is customary for every Filipino to have a middle name which is ordinarily the name of the mother.
4. Adoptee remains to be an heir of the natural parents.

a. Being a legitimate child is only by virtue of adoption. He remains to be an intestate heir of his biological parents. Hence, he can
assert her hereditary rights.
5. Rules on legal or intestate succession to the estate of the adopted (Art 190):
a. The surviving spouse, legitimate and illegitimate of an adopted who died shall inherit in accordance with Ordinary Rules of Legal or
Intestate Succession.
b. If he is survived by his natural parents and legitimate ascendants of the andhis adopters, they shall divide the entire estate in equal
share—1/2 by the natural parents or ascendants and1/2 by the adopters.
c. If he is survived by his surviving spouse or illegitimate children and adopters, ½ spouse or illegitimate children and ½ adopters
d. If he is survived by his surviving spouse and illegitimate children and adopters, 1/3 IC, 1/3 spouse, 1/3 adopters
e. If he is survived only by his adopters, they shall inherit the entire estate.
f. If he is survived only by his collateral blood relatives, Ordinary Rules of Legal or Intestate Succession shall apply.
Instances when adoption 1. Decree of adoption may be rescinded by the adoptee only.
may be rescinded a. If the adoptee is a minor, or even if above 18 years of age but incapacitated, DSWD may assist him as his guardian or counsel.
2. Grounds:
a. Adopter made an attempt on the life of the adoptee.
b. He committed sexual assault or violence.
c. He abandoned the adoptee and failed to comply with his parental obligations.
d. He repeatedly made physical or verbal maltreatment despite counselling.
3. Adopter cannot ask for revocation of adoption. However, adopter may disinherit the adoptee for causes provided in Art 919.
a. Adopted made groundless accusations for a crime punishable by 6 years or more.
b. He is guilty of an attempt against the life of the adopter, his spouse, descendants or ascendants.
c. He caused the adopter to change or make a will through violence, intimidation, fraud or undue influence.
d. He maltreated the adopter by word or deed.
e. He is convicted of a crime with penalty of civil interdiction.
f. He committed adultery or concubinage with the other adoptingparent
g. He refused to give support without justifiable cause
Effects of rescission 1. Effects of Rescission:

a. Parental authority of the biological parents or legal custody of DSWD shall be restored if the adopted is still a minor or is
incapacitated.
b. Reciprocal rights and obligations of the adopters and adopted to each other will be extinguished.
c. The court shall order the Civil Registrar to cancel the amended birth certificate and restore the original birth certificate.
d. Successional rights shall revert to its status before adoption, but only as to the date of judgment of judicial rescission. Vested rights
acquired before it shall be respected.
e. These shall not prevent penalties imposable under RPC if criminal acts are properly proven.
2. A child who was adopted before effectivity of Child and Youth Welfare Coe on June 10, 1975 is still entitled to the issuance of an amended
birth certificate.
a. Offices of Civil Registrar General and NSO are not aware that there is a prohibition in issuing an amended birth certificate to
children adopted before June 10, 1975.
b. Thus, Rule 51 AO 03 Series of 1942 as well as Rule 37 AO 01 Series of 1983 provide that in case of adoption, the original family
name of the child in the Birth Registration shall not be erased or deleted but necessary notations shall be made in the remarks
column showing the family name that the adopted child shall bear because of the adoption.
c. Whenever a certificate copy of the birth certificate of the adopted child is issued, the original given name of the adopted child shall
appear. Thus, the existing implementing rule expressly authorized the issuance of a certificate copy of birth certificate of the
adopted child.
AB adopted C. C filed a petition for rescission before the A died. YES, because vested rights where acquired before the judicial rescission
The petition was granted after A died. Can C still inherit from A? was issued. By virtue of A’s death, he has already transmitted
successional rights to C before the adoption could be rescinded.
RA 8043 (Inter- It is the socio-legal process of adopting a Filipino child by a foreigner or a Filipino citizen permanently residing abroad where the petition is filed, the supervised trial custody is
Country undertaken and the decree of adoption is issued outside the Philippines.
Adoption Act)
When allowed There shall be no physical transfer of a voluntarily committed child earlier than 6 months from date of execution of Deed of Voluntary Commitment,
except:
1. Adoption by a relative
2. Children with special medical conditions
Who may adopt 1. Adopters are:
a. Alien permanently residing abroad, who is not one of these exceptions:
i. He is a former citizen who wants to adopt a relative within the 4th degree.
ii. He has a Filipino spouse and he wants to adopt the legitimate child of his Filipino spouse.
iii. He has a Filipino spouse and they want to adopt jointly a relative within the 4th degree of the Filipino spouse
b. Filipino citizen permanently residing abroad
2. Conditions:
a. If he is married, he must jointly file for the adoption.
b. He must be at least 27 years of age and at least 16 years older than the child to be adopted at the time of application unless the
adopted is:
i. Natural parent of the adopted.
ii. Spouse of the natural parent.
c. He has capacity to act and assume all right sand responsibilities of parental authority under his or her national laws. He should have
undergone appropriate counselling from an accredited counselor in his country.
d. He must not have been convicted of a crime involving moral turpitude.
e. He is eligible to adopt under his or her national law.
f. He agrees to uphold the basic rights of the child.
g. He comes from a country with whom the Philippines has diplomatic relations and whose government maintains a similarly
authorized and accredited agency, and that adoption is allowed under his national laws.
h. He is in the position to provide proper care and support and to give moral values and examples to all his children.
i. He possesses all qualifications and no disqualifications.
Who may be adopted Only a legally-free child may be adopted.

He is a child who has been voluntarily or involuntarily committed to DSWD, in accordance with Child and Youth and Welfare Code.
No child shall be matched to a foreign adoptive family unless it is satisfactorily shown that the child cannot be adopted locally.
Distinction
between Domestic Adoption Act Inter-Country Adoption Act
Domestic Nature of Judicial and in rem. Only an adoption made through court or in pursuance to procedure Socio-legal.
Adoption Act adoption under Rule 99 is valid.
and Inter- proceedings
Country Governing RA 8552 is the substantive law RA 8043 is the substantive law
Adoption Act) law AM 02-06-02 SC is the procedural law Amended Implementing Rules and Regulations of ICA Act is
theprocedura law.
Where filed FC where the adopter resides. RTC having jurisdiction over the child or to Inter-Country Adoption Board
After filing, the petitioner shall not be set without a case study report by a licensed social through an intermediate agency.
worker.
Publication Petition must be published at least once a week for three successive weeks in a No publication requirement.
newspaper of general circulation in the province or city where the court is situated.
Who may be 1. A person below 18 years of age and who has been administratively or judicially Only child who cannot be adopted locally and has been committed with
adopted declared available for adoption. DSWD may be adopted.
2. A person of legal age if the adopter has consistently considered and treated
him as his own since minority
3. Legitimate child of one of the spouses
4. Illegitimate child to improve his status to legitimacy
5. Child whose adoption has been previously rescinded
6. Child whose biological or adoptive parent/s has or have died.
Who may 1. A Filipino citizen who resides in the Philippines or temporarily resides 1. A Filipino citizen who permanently resides abroad.
adopt abroad. 2. An alien or former Filipino citizen if:
2. An alien or a former Filipino citizen if: a. He resides permanently abroad.
a. He resides permanently in the Philippines. b. Is not one of the qualifications under Domestic
b. He is a former Filipino who wants to adopt a relative up to the 4th Adoption.
degree.
c. He has a Filipino spouse and he wants to adopt the legitimate child
of that spouse.
d. He has a Filipino spouse and he wants to adopt a relative of that
spouse up to the 4th degree.
Requirement 1. There is no minimum age requirement except hat he he must be 16 years older 1. He must be at least 27 years of age and at least 16 years older
for alien that the adoptee. than the child to be adopted at the time of application
adopter 2. There is a 3-year continuous residency requirement if the adopter is an alien. 2. There is no 3-year continuous residency requirement.
He must maintain this residence until the adoption decree is issued.
Supervised It is for at least 6 months. The court can shorten or exempt parties from it. 6-month period is mandatory before a decree of adoption is issued. If
trial custody unsuccessful, ICA Board will look for another prospective applicant.
Repatriation (return of the child to the Philipines) is the last resort.
Consent Written consent of the following to the adoption is required: It is the Inter-Country Adoption Board that submits a written consent to
1. Adoptee himself if he is 10 years or over. the foreign adoption agency.
2. Adopter’s illegitimate children if living with him and 10 years or over, and the
adopter’s spouse.
3. Adopters and adoptee’s legitimate and adopted children who are 10 years or
over.
4. Adopter and adoptee’s spouse
5. Biological parents of the child if known or the legal guardian, or proper
government instrumentality what has legal custody.
I. Support (11)
General 1. Support comprises:
provisions a. Everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation in keeping with the financial capacity of the family.
b. Education include schooling or training for some profession, trade or vocation even beyond the age of majority.
c. Transportation includes expenses going to and from school, or to and from work.
2. Kinds of support:
a. Legal or one required by law.
b. Judicial or one required by court to given whether pendent lite or in a final judgment.
c. Convention or one by agreement.
Obligation to 1. Persons who must support each other to the whole extent:
support each a. Spouses
other b. Legitimate ascendants and descendants
c. Parents and their legitimate children and legitimate and illegitimate children of the latter (grandparents, parents and grandchildren)
d. Parents and their illegitimate children and legitimate and illegitimate children of the latter (grandparents, illegitimate parents, and grandchildren)
e. Legitimate brothers and sisters whether of full or half-blood.
2. If brothers and sisters are not legitimately related, they are still bound to support each other to the full extent, except if they are of age and the need for support was due to
a cause imputable to the claimant’s fault of negligence.
a. FC eliminated the concept of support under Art 190 which considers the social standing of the family as a measure of support.
i. Under NCC, obligation to support each other is based on social position of the family, coupled with indispensability of support, except for brothers and
sisters who owe their legitimate and natural brothers and sisters only the necessaries for life.
ii. FC now extends support to legitimate or illegitimate brothers and sisters except only if the need for support is because of a cause imputable to fault or
negligence.
3. In case of legitimate ascendants, descendants, brothers and sisters, only the separate property of the person obliged to give support may be used.
a. If the obligor has no separate property, ACP or CPG shall advance the support if financially capable but this shall be deducted from the share of the spouse upon
liquidation.
4. During proceedings of legal separation and annulment of marriage, and for declaration of nullity of marriage, spouses and children must be supported from ACP or CPG.
a. Once there is final judgment granting the petitions, the obligation for mutual support ceases.
b. However, in the case of legal separation, the court may order the guilty spouse to give support to the innocent spouse, specifying the terms of such order.
c. Under Rule on Provisional Orders (AM 02-11-12-SC9, the court may motuproprio or upon application under oath of any of the parties, guardian or designated
custodian issue provisional orders and protection orders with or without a hearing. These may be enforced immediately, with or without a bond, and for such period
and under terms and conditions deemed necessary.
i. Guidelines in determining support:
1. If spouses do not have a written agreement, spouses may be supported from ACP or CPG.
2. Court may award support in such amount and for such time as it may deem roper based on standard of living during marriage.
3. Court may also consider the following factors:
a. If the spouse seeking support is the custodian of the child whose circumstances make it a appropriate not to seek outside
employment.
b. Time necessary to acquire sufficient education and training to enable the spouse seeking support to find appropriate employment
and spouse’s future earning capacity
c. Duration of marriage
d. Financial resource of spouses compared to another.
e. Needs and obligations of each spouse
f. Contribution of each spouse to the marriage
g. Age and health of spouses
h. Physical and emotional conditions of spouses
i. Ability of supporting spouse to give support, taking into account the spouse’s earning capacity, earned and unearned income, assets
and standard of living
j. Any other fact that the court may deem just and equitable.
4. FC may direct deduction of provisional support from the salary of the spouse.
Records show that HW are living separately. Both had been unfaithful to each other. YES. Principle of in pari delicto is applicable. Both are at fault. Consequently, H cannot avail
After separation, H had been giving money to W for support. himself of adultery of W. Besides, act of H in giving money to W is implied condonation of
Subsequently, W brought an action against H for separate maintenance. Will the action adultery of the latter.
prosper?
May a woman obliged her husband to pay the fee of the lawyer who defended her in a It depends. She may force the husband to pay attorney’s fees in she is acquitted but not
criminal action for adultery the husband himself instituted? when she is convicted.
Judicial costs and attorney’s fees against unjust prosecution are chargeable as support
against the husband. However, it is different when there is a case of conviction. Adultery is
a valid defense against an action for support.
W filed against her husband a complaint for legal separation on the ground that the YES. Although adultery is a valid defense, it must be established by competent evidence.
husband made an attempt on her life. She prayed for support pendent lite. Mere allegation that the wife has committed adultery will not bar her from right to receive
H opposed toe grant of support on the ground of adultery. Is the wife entitled to support support pendent lite.
pendent lite? Besides, the action is an action for legal separation and not support. Consequently, if there
are properties of ACP or CPG, the wife should be entitled to support pendent lite.
Obligation to 1. Whenever two or more persons are obliged to give support, liability shall devolve upon the following persons in the order provided:
support is a. Spouse
charged to two b. Descendants in the nearest degree
or more c. Ascendants in the nearest degree
persons d. Brothers and sisters
2. If the obligation to support falls upon two or more persons, payment shall be divided between them in proportion to their resources.
a. However, in case of urgent need and special circumstances, the judge may order only one of them to furnish support provisionally without prejudice to his right to
claim from the other obligors the share due from them.
3. If obligation for support has two or more recipients at the same time, and they claim it from one and same person, the order established in #1shall be followed if the obligor
does not have sufficient means to satisfy all claims.
a. However, if the obliges are the spouse and child subject to parental authority, the child shall be preferred.
4. Parental support vs. Spousal and general familial support

a. In Mangonon vs. CA, SC ordered the grandfather to give support because it was proven that he was well-off to support them considering that their parents were not
able to support the children.
Obligation to give support arising from parental authority under Title 9. Obligation to give support from spouse and general familial ties under Title 8
Duration of Ends upon emancipation of child. Lasts during the obligee’s lifetime.
obligation
Concurrence Pertains to parents. It passes to ascendants only upon its termination or Passes on to ascendants not only upon default of parents but also for the parent’s
among relatives suspension. inability to provide sufficient support.
Claims of 1. For “obligations to support each other”, the amount of support shall be determined in proportion to the resources or means of the giver and to the necessities of the
support recipient.
a. It may be reduced or increased proportionately according to the necessities of the recipient and resources of the obligor.
b. In cases of contractual support, support shall be subject to adjustment, whenever modification is necessary due to changes in circumstances beyond the
contemplation of parties.
2. Obligation shall be demandable from the time the person who has the right to receive it needs it for maintenance. However, it shall only be paid upon the date of judicial or
extrajudicial demand.
a. Support pendent lite shall be claimed in accordance with RC.
b. Payment shall be made within first 5 days of each corresponding month.
c. When the recipient dies, his heirs shall not be obliged to return what he has received in advance. Thus, this is not an advance to the legitime.
3. A judgment for support is immediately executory because it is needed by the person to be supported.
a. Sec 4 Rule 39 states that “judgments in actions for support are immediately executor and cannot be stayed by an appeal”. This is an exception to the general rule
which provides that taking of an appeal stays the execution of judgment and that advance executions will only be allowed if there are urgent reasons for it.
b. There is no distinction whether actions for support are subject of an appeal or not.
c. The provision for a common fund for the benefit of the child cannot be considered final and res judicata because any judgment of support is always subject to
modification, depending on the needs of the child and the capabilities of the parents to give support.
d. A compromise agreement for voluntary dissolution of CPG is not a bar for any further award of support in favor of their child.
4. An obligor shall have the option to:

a. Pay the allowance fixed
b. Receiving and maintaining in the family dwelling the persons who has a right to receive support. This alternative cannot be availed of if there is a moral or legal
obstacle to it.
5. Right to receive support as well as any money or property obtained as support cannot be levied upon on attachment or execution.
a. However, support in arrears (owed but should have been paid) are not covered by this provision because the need for support was already attended to in the past
even if there was failure to receive payments of support.
b. In case of contractual support or that given by will, excess of the amount required for legal support shall be subject to levy on attachment or execution.
i. Only the salary “due” the judgment debtor is subject to attachment or execution, and only if it is not made to appear by affidavit of debtor or otherwise
that these earnings are necessary for support of his family. Under RC, so much of the earnings of the debtor for his personal services within the month
preceding the levy as are necessary for support is exempted from execution.
6. Support in relation to third persons:

Stranger who paid the support of another when the person Stranger who furnished support to the Stranger who furnished support to the needy individual
obliged did not know it needy individual when the person obliged when the father or mother of the child under the age of
unjustly refuses or fails to give it. majority unjustly refuses or fails to give it.
Rights Stranger has a right to claim it, unless it appears that he gave He has right to reimbursement.
it without intention of being reimbursed.
a. An instance when Principle of Unjust Enrichment applied—Logically, the sisters would, through their mother, turn to their uncle for sustenance and education when
their father failed to give support from pre-school to college. Since the uncle answered for it, it resulted to a juridical relationship between the father and the uncle as
a Quasi-Contract because of the equitable principle that one cannot unjustly enrich himself at the expense of another.
J. Parental Authority
General Parental authority is the sum total of parent’s right over their unemancipated children’s person and property.
Provisions 1. Due to the natural right and duties of parents over person and property of their unemancipated children, parental authority and responsibility shall include:
a. Caring for and rearing them for civic consciousness
b. Efficiency and development of their moral, mental and physical character and well-being.
2. Parental authority and responsibility may not be renounced or transferred, except in cases authorized by law.
a. Right attached to parental authority is purely personal. The law allows a waiver only in cases of:
i. Adoption
ii. Guardianship
iii. Surrender to a children’s home or an orphan institution
b. When a parent entrusts the custody of a minor to another such as a friend or godfather, even in a document, it is only temporary custody and it does not
constitute renunciation of parental authority.
i. On in the case of both parent’s deaths, absence or unsuitability may substitute parental authority be exercised by the surviving grandparent.
3. Father and mother shall exercise it jointly over the persons of their common children.In case of disagreement, father’s decision shall prevail unless the court issues a contrary
judicial order.
a. Parental Preference Rule states that natural parents are ordinarily entitled to custody as against all persons because of their good moral character and they can
reasonably provide for their child.
i. Recognition of the father is not essential to order custody. It could be a ground for ordering him to provide support, but not custody.
ii. Only if the mother defaults due to her unfitness as sole parental authority can there be justified deprivation of both parental authority and custody.
iii. Even if the parent is incapable to prove financial support, he is still preferred over the grandparents. Wealth is not decided factor because there is no
proof that the father is not in the position to support the child at the present time.
b. Children shall always observe respect and reverence towards their parents and are obliged to obey them as long as the children are under parental authority.
4. Rules in case parental authority cannot be exercised jointly:

In case either one of Present parent shall continue exercising parental authority.
the parents dies or is If the surviving parent remarries, the marriage shall not affect the parental authority over the children unless the court appoints another person to be the
absent guardian of the children’s person and property.
In case the parents 1. It shall be exercised by the parent the court designates.
legally separate a. The court shall consider all relevant considerations, especially the choice of the child over 7 years of age unless the chosen parent is
unfit.
b. If the child is under 7 years of age, he shall not be separated from the mother unless the court finds compelling reasons.
2. Tender Years Rule: no child under 7 years of age shall be separated from the mother, unless the court fines compelling reasons to order
otherwise.
a. The use of “shall” in Art 363 NCC underscores the mandatory character of the word.
b. This contemplate a situation in which parents of the minor are married to each other but because of a decree of legal separation or a de
facto separation, they are separated.
c. Choice of the child is not binding upon courts.
d. Compelling reasons to separate the mother from the child may be:
i. Neglect
ii. Unemployment and immorality
iii. Habitual drunkenness
iv. Drug addiction
v. Maltreatment of the child
vi. Insanity
vii. Affliction with communicable illness
viii. Act of a married woman who as separated from her spouse, yet lived with another married man.
e. Drug dependence does not necessarily disqualify the parent. There must be adequate evidence as to his moral, financial and social
well-being.
i. The child if over 7 may be permitted to choose which parent he prefers to live with, although the court will still have the final
say if the parent chosen is unfit.
ii. Result of psychiatric evaluation showing that he is not completely cured may render him unfit to take custody of the children
but there must be evidence to show that he is unfit to prove support, education, moral and intellectual development.
f. Lesbianism, sexual preference, adultery or fact that the mother has been a prostitute does not prove parental neglect or
incompetence. The husband must clearly establish that her moral lapses have an adverse effect on the welfare of the child or distracted
the offending spouse from exercising parental care.
g. The fact that the father recognizes the child is not a ground for the child to be placed under the custody of the father, but rather a
ground for the father to support him.
h. Fact that the father is richer than the mother is not a ground to deprive the mother especially if the mother can support the child. It
is enough that she is earning a decent living and is able to support her child.
i. Doctrines regarding Maternal Preference under Par 2 Art 213:

i. Maternal preference cannot be subject to an agreement between separated spouses. Separated spouses cannot make a
contract contrary to FC on maternal custody. In the same maner, they cannot private agree that the mother shall have sole
custody even if she is unfit.
ii. In case there are disagreements, Art 213 merely grants the mother final authority on the care and custody of the minor
under 7 years of age. There may be ancillary agreements that parents may enter like visitation rights.
iii. This doctrine is limited only for a certain period or until the child’s 7th year. From the 8th year until emancipation, the law
allows separated parents the freedom to agree on custody regimes they see fit subject to the usual contractual limitations.
3. Habeas corpus may be resorted in cases where rightful custody is withheld from a person entitled to.
a. Although the couple is separated de facto, issue of custody still has to be adjudicated by the court. Without judicial grant of custody to
one parent, both parents are still entitled to joint custody of their child.
b. An order of habeas corpus does not grant custody to any of the parties buy merely directs to produce the minor in court and explain
why the other spouse be prevented from seeing his child.
c. Art 213 (Tender Years Rule) deals with judicial adjudication of custody and serves as guideline for proper award of custody by the court.
It can be raised as a counter-argument for petition for custody but not as basis for preventing the father to see his child. Nothing in the
provision disallows the father from seeing or vising a child under 7 years of age.
d. These cases are decided on the best interest of the child and not on the legal right of the petitioner to be relived from unlawful
imprisonment or detention. The court is not bound to deliver a child into custody of any claimant or person but should leave it in such
custody as its welfare at the time appears to require.
In case both parents Survivinggrandparent shall exercise substitute parental authority.

die, are absent or are In case several grandparents survive, the one designated by court exercise the authority, taking into account all relevant considerations, especially the choice
unsuitable of the child over 7 years of age unless the chosen (grand) parent is unfit.
What if both parents died and the child is under 7 years of age? Will the child go to the maternal grandparents?
5. No descendant shall be compelled to testify against his parents and grandparents in a criminal case, except when the testimony is indispensable because a crime is
committed against the descendant or by one parent against the other.
e. Rule of Filial Privilege: no descendant shall be compelled to testify against his parents and grandparents in a criminal case, except if his testimony is indispensable
in a crime against the descendant or by one parent against the other.
i. This rule does not apply to stepmothers. It only applies to direct ascendants and descendants, a family connected by common ancestry.
ii. This rule does not apply to a descendant if he is in court as a witness. He can be a witness per se because he is not incompetent or disqualified to testify.
The rule prefers to a privilege not to testify, which can be invoked or waived like other privileges. It is waivable.
f. Rule of Marital Privilege: spouse cannot be examined without the consent of the other during or after marriage as to any communication they received from other
another in confidence during marriage.
i. EXCEPTIONS:
1. In a civil case by one against the other.
2. In a criminal case for a crime committed by one against the other or the other’s direct descendants or ascendants.
Substitute and Substitute parental authority:

special parental 1. If there are no parents or judicial appointed guardian, the following persons shall exercise substitute parental authority.
authority a. It shall be in this order:
i. Surviving grandparent as indicated in Art 214.
1. In case both parents die, are absent or are unsuitable, the surviving grandparent shall exercise substitute parental authority.
a. In case several grandparents survive, the one designated by court exercise the authority, taking into account all relevant
considerations, especially the choice of the child over 7 years of age unless the chosen (grand) parent is unfit.
ii. Oldest brother or sister who are over 21 years of age, unless unfit or disqualified.
iii. Child’s actual custodian, who is over 21 years of age, unless unfit or disqualified.
b. If it is necessary that the court appoints a judicial guardian over the property of the child, this order of preference shall also be observed.
2. If children are foundlings, abandoned, neglected, abused or similarly situated, parental authority shall be entrusted to the heads of children’s homes, orphanages and similar
institutions accredited by property government agencies in a summary judicial proceeding.
a. A foundling is a newborn child abandoned by its parents who are unknown.
b. An abandoned child is one who has no proper parental care or guardianship, or whose parents have deserted him for a period of at least 6 continuous months.
c. A neglected child is one whose basic needs have been deliberately unattended or inadequately attended, and may be done through physical or emotional neglect. An
abused child can come within the emotionally neglected child.
Special parental authority:

Special parental authority Substitute parental authority
When exercised As long as child is in the care and custody of the special parental Exercised in cases of death, absence or unsuitability of parents.
authority, parents temporarily relinquish their parental authority.
Concurrence with Concurrent Not exercise concurrently
parental authority
Extent of liability Principal and solidary 1. If there are persons exercising special parental custody, subsidiary.
2. If none, direct and primary.
Defense of due It may extinguish principal and solidary liability. 1. If there are persons exercising special parental custody, defense is not
diligence available. Subsidiary liability attaches the moment special parent cannot
satisfy the liability.
2. If tort was done outside of school, parents shall have primary liability,
however the child must be living in their company and under their
parental authority.
3. If no special parent, direct and primary.
1. Schools, its administrators and teachers or individual, entity or institutions engaged in child care shall have special parental authority and responsibility over the minor while
he is under their supervision, instruction and custody.
a. Authority and responsibility shall apply to all authorized activities whether these are conducted inside or outside the school, entity or institution’s premises.
b. For schools, there is no distinction between academic and non-academic.
i. Since there is no distinction, special parental authority also applies to technical schools.
ii. GR: Teachers in charge shall be liable for torts of their students
1. : if the school is technical or vocational in nature or establishments of arts and trades, it is only the head who is answerable.
c. Protective and Supervisory Custody: “as long as students remain in their custody” means that schools have protective and supervisory custody over their students
as long as they are at attendance in school including recess time. As long as student is under control and influence of the school, and within its premises, the
school has custody over him whether the semester has not yet begun or has already ended.
i. There is nothing in the law that requires that the student must live and board in the school.
d. In a case where, during enrollment campaign, highschool students were on board a jeep driven by a minor and met an accident resulting to death and injuries, the
school does not special parental authority at the time of the accident because the accident was not because of the school’s negligence or the reckless driving of
the diver but the detachment of the steering wheel guide.
i. There was also no evidence that the school allowed the minor to drive the keep while it was under the possession of his grandfather. Hence, liability
should be pinned on the minor’s parents. Negligence of the school was only a remote cause.
e.
2. They shall be principally and solidarily liable for damages if the unemancipated minor causes damages by his acts or omissions.
a. Parents, judicial guardians or persons exercising substitute parental authority shall be subsidiarily liable.
b. The respective liabilities will not apply if it is proved that they exercise proper diligence required under the particular circumstances.
c. All other cases not covered by this and the preceding articles shall be governed by Quasi-Delicts.
Effect of 1. Parents and those exercising parental authority shall have the following rights and duties:
parental a. Keep them in their company, support, educate and instruct them by right precept and good example, and provide for their upbringing in keeping with their means
authority upon b. Give them love and affection, advice and counsel, companionship and understanding
persons of c. Provide them with moral and spiritual guidance, inculcate in them honesty, integrity, self-discipline, self-reliance, industry and thrift, stimulate their interest in civic
children affairs, and inspire in them compliance with the duties of citizenship
d. Furnish them with good and wholesome educational materials, supervise their activities, recreation and association with others, protect them from bad company, and
prevent them from acquiring habits detrimental to their health, studies and morals
e. Represent them in all matters affecting their interests
f. Demand from them respect and obedience
g. Impose discipline on them as may be required under the circumstances
h. Perform such other duties as are imposed by law upon parents and guardians.
2. Visitation rights refer to right to access of a noncustodial parent to his or her children.
a. A parent has a right to visit over his illegitimate child because the law recognizes the inherent and natural right of parents over their child.
3. In a case where the mother filed for TRO for alleged child abuse and asked for financial support but the father denied filiation, the mother filed the wrong action to obtain
support for her child.
a. Although issuance of a TRO against the husband can include the grant of legal support, this assumes that both the mother and child are entitled to a protection order
and legal support.
b. The property remedy is to file an action for compulsory recognition in order to establish filiation and demand support. Alternatively, she can directly file an action for
support where the issue of compulsory recognition may be integrated in it.
c. To be entitled to legal support, there must be an action to establish the filiation of the child if the same is not admitted or acknowledged. A child is not entitled to
support if he is not acknowledged. From the point of view of a minor child, his remedy is to file a judicial action for compulsory recognition through his mother.
d. In short, illegitimate children are entitled to support and successional rights but their filiation must be proved.
4. Parents and other persons exercising parental authority shall be civilly liable for injuries and damages the unemancipated children caused while living in their company and
under their parental authority subject to appropriate defenses provided by law.
a. Principle of Parental Liability is a specie of vicarious liability or Doctrine of Imputed Negligence where a person is not only liable for torts he committed but also for
torts committed by persons he is responsible for.
i. The nature of liability of parents for Quasi-Delicts is primary and not secondary.
ii. The nature of liability of parents for Crimes is subsidiary.
5. Court may appoint a guardian for the child’s property, or a guardian ad litem when the best interests of the child so require.
6. Parents or individuals, entitles or institutions exercising parental authority (if the parents are absent) may file a petition with the court of the place where the child resides,
for an order providing for disciplinary measures over the child.
a. The child shall be entitled to assistance of counsel, either of his choice or appointed by court.
b. A summary hearing shall be conducted where the petitioner and the child shall be heard.
c. However, the court may also order deprivation or suspension of parental authority or adopt measures it deems just and proper in the same proceeding, if the court
finds that the petitioner is at fault regardless of the merits of the petition or when circumstances so warrant.
i. Measures referred here may include commitment of the child for not more than 30 days in entitles or institutions engaged in child care or in children’s
homes duly accredited by the proper government agency.
1. Parent exercising parental authority shall not interfere with the care of the child if he is committed but he shall provide for his support.
2. The court may terminate the commitment of the child whenever just and proper.
Effect of 1. Father and mother shall exercise joint legal guardianship over the property of their unemancipated common child without the need to be appointed by court.
parental a. In case of disagreement, the father’s decision will prevail unless there is a judicial order to the contrary.
authority upon b. Cases when a parent cannot be an administrator of his child’s property:
property of i. Art 923. Child of a person disinherited shall take his place and shall preserve the rights of compulsory heirs with respect to the legitime but disinherited
children parent shall not have the usufruct or administration of property which constitutes the legitime.
ii. Art 1035. If person excluded from inheritance because of incapacity is a child or descendant of decedent and should have his own children or descendants,
the latter shall acquire their parent’s right to the legitime but the incapacitated person cannot enjoy the usufruct and administration of property inherited
by his children.
2. If the market value of the property exceeds 50,000, the parent must furnish a bond in the amount that the court will determine but shall not be less than 10% of the value of
the property or annual income to guarantee the performance of obligations prescribed for general guardians.
a. Parent must file the verified petition to approve the bond with the court of the place where the child resides, or where the property or part of it is situated.
b. The petition shall be docketed as a summary special proceeding.
3. Ordinary Rules on Guardianship are only suppletory.

a. EXCEPTIONS:
i. When the child is under substitute parental authority
ii. His guardian is a stranger
iii. His parent has remarried
4. If the unemancipated child earned or acquired his property through his work, industry, or onerous or gratuitous title, it shall belong it him and shall be devoted exclusively to
his support and education, unless the title or transfer provides otherwise.
a. Parents’ right over the fruits and income of their child’s property shall be limited:
i. Primarily to the child’s support
ii. Secondarily to the collective daily needs of the family
5. If the parents entrust the management or administration of their properties to their child, net profits shall still belong to them (owner).
a. The child shall have reasonable monthly allowance in an amount not less than what the owner would have paid if the administrator is a stranger, unless he givesThe
entire proceeds to the child.
b. If he gives the entire proceeds to the child, proceeds that are given in whole or in part shall not be considered an advance to the child’s legitime.
Adventitious property Profectitious property

Acquisition Earned or acquired by the child through his work or industry or by onerous Property given by parents to the child for the child to manage.
or gratuitous title.
Ownership Child Parent
Usufructuary Child, but the child’s use of the property shall be secondary tot eh collective Usufructuary
needs of the family.
Fruits and income are for his support, but it is his use that is secondary.
Administration Done by the parents Done by the child
Suspension and 1. Parental authority is terminated permanently when:

termination of a. The parents die.
parental b. The child dies.
authority c. The child is emancipated.
2. Other modes of termination, but which can be subsequently revived by final judgment:
a. Child is adopted.
b. A general guardian is appointed.
c. The court judicially declares that the child is abandoned in a case filed for that purpose.
d. The court divests the party of parental authority in a final judgment.
e. The court judicially declares that the person exercising parental authority is absent or incapacitated.
3. Loss of parental authority under RA 7610:

a. An ascendant, stepparent or guardian of the minor who induces, delivers or offers the minor under his custody to persons prohibited shall lose parental authority.
b. This punishes any person who shall keep or have in his company a minor:
i. Who is 12 years old or younger in any public or private place, hotel, motel, beer joint, cabaret, pension house, sauna or massage parlor, beach and other
tourist resort or similar places.
ii. Who is 10 or more his junior, in places under #1.
c. It does not apply any person who is related to the minor within 4th degree or any bond recognized by law, local custom and tradition or acts in performance of social,
moral ro legal duty.
4. Parental authority is suspended when:

a. Parents or person exercising parental authority is convicted of a crime carrying with it a penalty of civil interdiction.
i. Parental authority is automatically reinstated if the party has served his sentence or upon pardon or amnesty.
b. In an action filed for the purpose or in a related case:
i. Parent treats the child with excessive harshness or cruelty.
ii. He gives the child corrupting orders, counsel or example.
iii. He compels the child to beg
iv. He subjects the child or allows him to be subjected to acts of lasciviousness.
v. He is culpably negligent.
c. Depending on the decree of seriousness or welfare of the child, the court shall deprive the guilty parent of parental authority or adopt such other measures as may be
proper.
d. Suspension or deprivation may be revived in a case filed for such purpose or in the same proceedings if the court finds that the cause has ceased and will not be
repeated.
e. If the person exercising parental authority has subjected the child or allowed him to be sexually abused, the court shall permanently deprive the court of parental
authority.
5. Persons exercising substitute parental authority also have the same authority over the person of the child as the parents.
a. School administrators, teachers and individuals engaged in child care and exercising special parental authority cannot inflict corporal punishment upon the child.
K. Emancipation
Art 234 and Emancipation is the release of a person from parental authority whereby he becomes capacitated for civil life.
236 FC 1. It takes place:
a. By attainment of majority
b. By marriage of minor
c. By recording in Civil Register of an agreement in a public instrument executed by the parent exercising parental authority and the orphaned minor at least 18 years of
age.
d. By recording in Civil Register of an agreement in a public instrument executed by the parent exercising parental authority and the orphaned minor at least 18 years of
age, but must be approved by court before it is recorded.
2. Majority commences at the age of 18 years from 21 (RA 6809).

a. It takes place by attainment of majority.
b. It shall terminate parental authority over the person and property of the child who shall be qualified and responsible for all acts of civil life, except for exceptions in
special laws.
3. Contracting marriage shall however require parental consent until 21.

a. Furthermore, there is nothing in FC that will derogate the duty or responsibility of parents and guardians for children and wards under 21.
b. Existing wills, bequests, donations, grants, insurance policies and similar instruments containing references and provisions favorable to minors will not retroact to
their prejudice.
4. Annulment or declaration of nullity of marriage of a minor or of the recorded agreements under #1 shall revive parental authority over the minor but shall not affect acts and
transactions that took place before the final judgment is recorded in Civil Register.
5. Deep Pocket Rule: RA 6809 states, “Nothing in this Code shall be construed to derogate from the duty or responsibility of parents or guardians for children or wards below 21
years of age mentioned in the second and 3rd paragraphs of 2180 CC”.
a. This provision suggests that even if a child is over 18 but below 21, his father or mother or guardian may still be liable for his acts or omissions. This is an exception
to ART 236 FC which provides for personal liability of a child who has been emancipated.
b. If the child hits a pedestrian and suit for damages is filed, the parent can still be held liable for damages of his son.
i. While it is true that emancipation for any cause shall terminate parental authority, RA 6809 states that “Nothing in this Code shall be construed to
derogate from the duty or responsibility of parents or guardians for children or wards below 21 years of age mentioned in the second and 3rd paragraphs of
2180 CC”. This law provides for liability of parents and guardians for acts or omissions of the minor children who are living with them even if they are
already emancipated.
c. Even if emancipated, he can sue and be sued only with assistance of father, mother or guardian. The reason behind the joint and solidary liability of parents with
their offending child under ART 2180 is that, it is their obligation to supervise their minor children in order to prevent them from causing damage to 3rd persons.
i. Under RA 6809 (DEC 1989), age of majority is now 18 years. In Elcano vs. Hill, minor was emancipated by reason of marriage, yet the father was held liable
subsidiarily by reason of equity.
d. 18-year old son can borrow or sell properties but he must secure consent for marriage.
i. He must secure consent of his parents to get married, because under the law, even if a person has been emancipated by the attainment of the age of
majority, contracting marriage shall require parental consent until age of 21.
ii. He can borrow money or sell properties, because emancipation shall terminate parental authority of the child who shall be qualified and responsible for all
acts of civil life.
L. Retroactivity of the Family Code

Art 256 This Code shall have retroactive effect insofar as it does not prejudice or impair vested or acquired rights in accordance with Civil Code or other laws.
1. A vested right is ne that is already established or fixed and free from further contingency, uncertainty or controversy.
2. Instances in FC which provide for their retroactivity:

a. In case the future spouses agree in marriage settlements that regime of CPG shall govern their property relations during marriage, provisions of this Chapter shall
be of supplementary application.
i. Provisions of this Chapter shall also apply to CPG already established between spouses before effectivity of this Code, without prejudice to vested rights
already acquired in accordance of Civil Code or other laws, as provided in ART 255.
b. Action or defense for declaration of absolute nullity of a marriage shall not prescribe. However, in the case of marriages celebrated before effectivity of this Code
and falling under ART 36, such action or defense shall prescribe in 10 years after this Code shall have taken effect.
c. Requirement that“absolute nullity of previous marriage must be invoked on the basis solely of a final judgment declaring such previous marriage void” applies to
marriages entered into after effectivity of FC, regardless of first date of marriage. Art 256 FC has a retroactive effect as long as it does not prejudice or impair vested
or acquired rights. Art 40 is a rule of procedure.
M. Funerals
1. Duty and right to make arrangements for funeral of a relative shall be in accordance with order established for support under Art 294.
a. Order under Art 294:
i. Spouse
ii. Descendants in the nearest degree
iii. Ascendants in the nearest degree
iv. Brothers and sisters
b. Surviving spouse is entitled to the remains of the deceased spouse.
i. A common-law partner is excluded as the right and duty to make arrangements are confined to members of the family.
ii. Philippine Law does not recognize common law marriages. A man and woman not legally married who cohabit for many years as husband and wife, who
represent themselves to the public as husband and wife and who are reputed to be husband and wife in the community where they live may be considered
legally married in common law jurisdictions but not in the Philippines.
c. In case of descendants of the same degree, or of brothers and sisters, the oldest shall be preferred.
d. In case of ascendants, paternal has a better right.
2. Every funeral shall be in keeping with social position of the deceased.
3. It shall be in accordance with expressed wishes of the deceased.
a. If there is no such expression, his religious beliefs or affiliation shall determine the funeral rites.
b. In case of doubt, it shall be decided upon by the person obliged to make arrangements after consulting other members of the family.
c. In a case where the common law wife insisted that the expressed wishes of the deceased should prevail pursuant to ART 307 CC but no other evidence was
presented to corroborate such claim. Her claim will not prevail as against the right of the surviving spouse.
i. Supposed burial wish of the deceased was unclear and indefinite. Because of this ambiguity, the law supplies the presumption as to his intent. No
presumption can be said to have created in common-law wife’s favor, solely on account of a long-time relationship with the deceased
4. No remains shall be retained, interred, disposed of or exhumed without consent of the persons who have the duty to make arrangements.
a. Mortal remains or organs cannot be considered property within the meaning of the law. These cannot be subject matter of a contract or part of inheritance. However,
RA 349 allows a person to validly grant any medical or scientific institution to detach any any time any organ of his body and utilize it for medical, surgical ro scientific
purposes.
i. Grant must:
1. Be in writing
2. Specify person to whom or the institution to whom the grant is given
3. Specify the organ to be detached
4. Specify the uses
5. Signed by the grantor and two disinterested witnesses.
5. Any person who shows disrespect to the dead, or wrongfully interferes with a funeral shall be liable for damages, material and moral.
6. Construction of tombstone or mausoleum shall be part of funeral expenses and shall be chargeable to CPG if deceased is one of spouses.
N. Use of Surnames (8)

Art 364-380 1. Surname shall be used by legitimate, legitimated, adopted and illegitimate children.
NCC Legitimate and Adopted Illegitimate Conceived before decree of annulment of a voidable marriage
legitimated
Father’s Adopter’s Mother’s Father’s
a. An illegitimate child of a woman who gets married may be allowed to bear the surname of her spouse but a legitimate child cannot.
i. While an illegitimate child may be allowed to bear the surname of its stepfather without benefit of adoption, a legitimate child had by a prior marriage may
not. To allow such results in confusion as to its paternity. It would also create suspicion that the child who was born during the coverture of the mother
with the first husband was in fact sired by the second husband, thus bringing its legitimate status into discredit.
b. Adopted child can ask for a change of name because if a legitimate child can ask for a change of name, how much more for an adopted child.
2. A married woman may use:

a. Her maiden first name and surname and add her husband’s surname
b. Her maiden first name and her husband’s surname
c. Her husband’s full name but prefixing a word indicating she is his wife, such as “Mrs”.
3. If marriage of A and B was annulled, it depends what surname the wife may use.
a. If she is the guilty party, she shall resume her maiden name and surname.
b. If she is the innocent spouse, she may resume her maiden name and surname. However, she may choose to continue employment of former husband’s name, unless:
i. Court decrees otherwise
ii. She or the former husband is married again to another person
c. A petition for resumption of maiden name and surname is not a petition for change of name.
i. True and real name of a person is that given to him and entered in the Civil Register. It is the only true and official name that may be changed with judicial
authority. In effect, she does not seek to change her registered maiden name but instead prays that she be allowed to resume the use of her maiden name
by virtue of a divorce decree granted in accordance with Muslim law.
ii. When marriage ties no longer exist, as in the case of death of the husband or divorce as authorized in Muslim Code, the widow or divorcee need not seek
judicial confirmation of the change of her civil status in order to revert to her maiden name as the use of her former husband’s name is only optional and
not obligatory for her.
d. GR: Use of the husband’s surname after the annulment of marriage or after the death of the husband is permissive not obligatory.
i. : In case of legal separation, where she may not all will revert to her maiden name and surname, but must continue using her name and surname
employed before the decree of legal separation.
e. After decree of legal separation, woman cannot use her maiden namebecause that is not one of the effects of legal separation. Even in case of legal separation, the
wife does not revert to her maiden name. She is still married. Legal separation is only a separation from bed and board without severing the marriage.
4. A widow may use the deceased husband’s surname as though he were still living.
5. A person cannot change his surname without judicial order. The law says that no person can change his name or surname without judicial authority.
a. Use of a pen name or stage name is allowed. Employment of pen names or stage names is permitted, provided it is done in GF and there is no injury to third persons.
RA 9255 (Act 1. Illegitimate children may use surnames of their father if:
Allowing a. Filiation has been expressly recognized by the father through birth record appearance in the civil registry.
Illegitimate b. Admission in a public document or private handwritten instrument made by the father
Children to Use c. Father has the right to institute an action before regular courts to prove non-filiation during his lifetime.
Surname of the
Father) 2. Illegitimate children, who have been recognized by their father do not need to go to court to carry their father’s surname.
a. Documents such as birth record in civil register, admission in public document or private handwritten instrument already consummated the acts of recognition.
3. If an illegitimate child was acknowledged by the father, he is not mandated to use his surname. He only has the choice if he wants to.
a. The child has a right to choose the surname of his mother because it would serve best his interest and it establishes the significant connection of the person’s name to
his identity, his status in relation to his parents and his successional rights as a legitimate or illegitimate child.
O. Absence
Art 41 FC There is a valid bigamous marriage, provided the requisites for declaration of presumptive death of spouse are present.
1. Requisites:
a. Spouse is absent for 4 years are 2 in case of danger of death.
b. Present spouse must havea well-founded belief that the absent spouse was already dead.
c. Present spouse must institute a summary proceeding for declaration of presumptive death.
2. Art 41 for purposes of Remarriage and Art 83 for mere Presumption of Death (Check Memaid):
Art 41 Presumptive Death for Purposes of Remarriage Art 83 for Mere Presumption of Death
Minimum period of absence in case of 2 4
danger of death
Difference There must be a well-founded belief that the absentee is already There is no such requirement.
dead.
Need for summary proceeding
3. A spouse may be declared presumptively dead if a spouse has been absent for 2 consecutive years and the present spouse has a well-founded belief that the absence spouse
was already dead or in case of disappearance where there is danger of death under circumstances provided for in ART 391, for purposes of remarriage or contracting a
subsequent marriage, the present spouse must institute a summary proceeding for declaration of presumptive death of absentee.
4. In case he 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.
Art 381-389, 1. There are 3 different stages of absence under NCC.

390-392 NCC a. Provisional absence—when a person disappears from his domicile, his whereabouts being unknown, without leaving an agent to administer his territory (Art 381).
b. Declared absence—when person disappears from his domicile, 2 years have elapsed without any news about him or since receipt of last news, or 5 years have
elapsed in case he left a person to administer his property.
c. Presumptive death—when absentee is presumed dead.
2. Provisional absence:
a. Requisites:
i. Absentee should have disappeared from his domicile.
ii. His whereabouts are not known.
iii. He did not leave any agent to administer his property.
iv. Appoint of representative in connection with his property is urgent or necessary.
3. Declaration of absence:
a. Requisites:
i. Absentee should have disappeared from his domicile.
ii. His whereabouts are not known.
iii. He has been absent without any news for 2 years, if nobody left to administer his property or 5 if he has left an administrator.
b. Declaration of absence has for its purpose to enable the taking of the necessary precautions for administration of the estate of the absentee.
i. If the husband had not been shown to have any rights, interest or property in the Philippines, there is no point in judicially declaring him absentee.
4. Presumption of death:
a. A person is presumed dead after an absence of 7 years, if it being unknown whether or not he still lives. This is for all purposes, except succession.
b. Absentee shall be presumed dead for purposes of opening his succession upon 10 years.
i. If he is 75 years, absence of 5 is sufficient.
c. There is no need to file a petition for declaration of presumptive death under Art 390.
i. Presumption of death takes effect by operation of law. Authorities give other reasons such as:
1. It is not authorized by law
2. Declaration, even if judicially made, would not improve the petitioner’s situation because such presumption is already established by law.
3. A judicial pronouncement to the effect that the absentee is presumed dead would be prima facie

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Civil Law Review

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A. Persons and Personality (19)

2. Simper Proesumitur Pro Matrimonial (always presume marriage).

c. Other proof of marriage may be:

3. Motives in marriages are varied.

b. Marriage is valid even if the purpose is to secure citizenship.

Essential and Essential requisites Formal requisites

Essential Essential requisites

2. “Parties must be male and female.”

3. “They must be 18 years and up.”

Notes on Consent freely given in the presence of the solemnizing officer:

2. “Consent must be freely given.”

3. “Parties must appear personally”

Formal Formal requisites

Notes on Authority of solemnizing officer”

2. The following are officers and provisions pertaining to their authority:

Military commander of a Art 32 1. Marriage should be in articulo mortis.

Consul-general, consul or Art 10 1. Marriage should be celebrated abroad. Office of the

3. GR: Marriages must be solemnized in the jurisdiction of the solemnizing officers.

Notes on Valid Marriage License:

c. “Marriages in Articulo Mortis”

iii. Other instances of Articulo Mortis in the FC:

5. If either or both parties have been previously married:

6. If either or both parties are between 18 to 21, 21-25:

Notes Marriage Ceremony:

2. “Contracting parties must appear before the solemnizing officer”.

Void and Void Voidable

Void during Marriage One or both parties suffer psychological incapacity.

Void due to Incest 1. Between ascendants and descendants

Void by Public Policy 1. Collateral relatives up to the 4th degree.

Note on Psychological Incapacity:

c. “It must demonstrate insensitivity and inability to do marital obligations.”

Notes on Void because of Public Policy:

c. “Either party was of unsound mind.”

d. “Consent of either party was obtained by fraud.”

e. “Consent of either party was obtained by force, intimidation or undue influence.”

g. “Either party was afflicted with sexually-transmitted disease.”

Common Provisions on Both Void and Voidable Marriages:

2. During pendency of action:

b. Net remainder which are considered the profits:

5. Issuance of Decree of Declaration of Absolute Nullity of Annulment of Marriage

C. Legal Separation (18)

Legal separation Annulment

2. “He contracted a subsequent bigamous marriage between in the Philippines or abroad.”

3. “He is a pervert or he commits sexual infidelity”

4. “He made an attempt against the life of the petitioner.”

Notes on Defenses Available to the Defendant in an Action for Legal Sparation:

Procedure 1. Filing of petition:

3. Issuance of Decree of Legal Separation:

b. Effects under Art 63:

b. It has the following consequences:

Tables of Void marriages Voidable marriages Legal separation

D. Rights and obligations between husband and wife

4. Relief of the injured spouse:

E. Property relations of spouses (64)

Notes on Property Relations:

General General Provisions on Marriage Settlements:

2. “It must be made before celebration of marriage.”

3. “It must be in writing, even modifications must be in writing.”

4. “It must be signed by parties.”

a. Following the Rules on Ordinary Donations:

3. Properties that may be donated by reason of marriage:

b. Limitation on the value of what they can donate to each other: