1
CIVIL LAW REVIEW NOTES I
PRELIMINARY TITLE
ART. 2;Laws shall take effect after fifteen days
following the completion of their publication in
the Official Gazette, unless it is otherwise
provided. This Code shall take effect one year
after such publication.
Publication is indispensable; to inform the public of
the existence of particular law; MOREOVER if its
PENAL in character to inform the people of the
penalty on every violations---it should not violate the
DUE PROCESS clause
GR: publication should be in the OG
But with the amendment made by Cory Aquino EO 200
based on TANADA V TUVIERA; may be published in
NEWSPAPER OF GENERAL CIRCULATION
...unless otherwise provided (Art 2): under the
plenary power of the congress it may either shorten
or lengthen the period of publication
GR: publication after 15 days
What laws should be publilshed?
--all laws, executive orders if there is delegation
from the pres, admin rules and regulations if there is
delegation of admin power to implement the basic
law
ART 3: ignorance of the law excuses no one from
compliance therewith.
***cannot invoke as a defense;
PUBLICATION: constructive notice to all; presumed to
know the law
ART 4: laws shall have no retroactive effect;
unless the contrary is provided
GR: laws shall take prospective effect
XPN retroactivity: (law)
1. Curative--
a. To cure the defect of the old law;
new law shall be applied retroactively
to attain its purpose
2. Procedural--
a. SC amends the rules of court through
Circulars; substantial laws are not
prejudiced (no substantial right will
be impaired)
3. Emergency
a. laws before approved it take a while
before a bill becomes a tax law; to
address the need it should apply
retroactively
4. Tax--
a. A need for additional revenue: laws
before approved it take a while
before a bill becomes a tax law; to
BERNARDO CIVIL LAW 1 REVIEWER part 1
address t h e need it should
apply retroactively
5. Law that creates new substantive rights for
the first time
a. Ex PROOF of FILIATION under FC-
illegitimate children
6. Interpretative--
a. To understand the old law better
7. Law provides retroactivity--
a. when the law expressly provides for
its own retroactivity ex FAMILY CODE
8. Penal--
a. favorable to the accused; and
accused is not recidivist/ not habitual
delinquent
b. Ex. law was passed to suspend death
penalty: downgraded to reclusion
perpetua
ART 5: Acts executed against the provisions of
mandatory or prohibitory laws shall be void,
except when the law itself authorizes their
validity.
***under FC: absence of any of the any essential or
formal=marriage is void
*Lawful consequence authorized by
the FC: marriage with a person who is
psychologically incap:VOID-- lawful consec:
filiation of the children under such marriage
before the declaration of the nullity of
marriage : LEGITIMATE
NOTE: if the marriage is VOID=DECLARATION OF
NULLITY OF MARRIAGE; marriage is
VOIDABLE=ANNULMENT OF MARRIAGE
ART 6: Rights may be waived, unless the waiver is
contrary to law, public order, public policy,
morals, or good customs, or prejudicial to a third
person with a right recognized by law.
GR: all rights MAY be waived
XPN:
1. Waiver must not be contrary to law, public
order, public policy, morals, good customs
2. Waiver must not be prejudicial to a third
person who has already acquired a vested
right
ELEMENTS OF A VALID WAIVER OF A RIGHT
1. Existence of a right
2. Knowledge of that right
3. Waiving the right; intelligently and
voluntarily
4. Intention to relinquish or renounce that right
5. Legal capacity to waive the right
6. Personal right
ART 7: Laws are repealed only by subsequent ones,
and their violation or non-observance shall not be
excused by disuse, or custom or practice to the
contrary.
When the courts declared a law to be inconsistent
with the Constitution, the former shall be void and
the latter shall govern.
Administrative or executive acts, orders and
regulations shall be valid only when they are not
contrary to the laws or the Constitution.
TWO KINDS OF REPEAL
1. Express
a. Indicated in the new law that it is
expressly repealing the old law
2. Implied
a. Two laws which are Inconsistent with
each other;
b. Elements of Implied repeal
i. New law is inconsistent with
the old law
ii. Both laws speak of the same
subject matter; which cannot
be implemented at the same
time
iii. New law will prevail; new law
considered as the effective
law
Par 2 art 7when laws become ineffective
CONSTI prevails; fundamental law of the land; if
there is a law that is violative of the constitution;
then should be declared unconstitutional
Judiciary will declare the law unconsti
Par 3 admin rules and regs which implement a basic
law
Can that admin rules and regs amend, expand and
modify the basic law?
-it cannot be valid and the BASIC LAW
prevails
- implementing rules and regs; are only for
implementation therefore, they cannot amend, they
cannot expand and modify the basic law
When law becomes ineffective: Law lapses by its own
term
ART. 8 Judicial decisions applying or interpreting
the laws or the Constitution shall form a part of
the legal system of the Philippines.
decisions of the supreme court become judicial
precedence; they become part of the law of the land
(jurisprudence)
***decisions of CA and RTC are HIGHLY PERSUASIVE
but they do not become part of the law of the land
ART 9; No judge or court shall decline to render
judgment by reason of the silence, obscurity or
insufficiency of the laws.
judge shall prepare persoanlly the decision
ART 10:In case of doubt in the interpretation or
application of laws, it is presumed that the
lawmaking body intended right and justice to
prevail.
*** basis of the decision of the judge; on the facts,
law of the case, and pieces of the evidence
ART 11 Customs which are contrary to law, public
order or public policy shall not be countenanced.
- there is no law that will be a basis; no
judgement is not allowed but may acquit;
may base its judgement based on CUSTOMS,
Custom- acts of a mass of people which has been
practiced over a long period of time; PLURALITY OF
ACTS;REPETITIVE and KNOWLEDGE that it is not
contrary to law, public policy, public order, good
customs and morals
ART 12:A custom must be proved as a fact,
according to the rules of evidence.
- under the rules on evidence; custom must be
proved not alleged;
ART 13: date and time; months
***for the prescriptive period: exclude first day, and
include the last day
ART 14; Penal laws and those of public security
and safety shall be obligatory upon all who live or
sojourn in the Philippine territory, subject to the
principles of public international law and to
treaty stipulations.
- penal laws and those public safety and
security are obligatory subject to
international laws
GR: all persons whether citizens or foreigners who
merely sojourn in our country are governed by the PH
penal laws and laws on public safety and security
XPN:
1. EXTERRITORIALITY- a foreign nationals is not
within the PH territorial jxdn because he is
the head of state or an ambassador; he is the
representative of his own country--if violated
our laws; we send them back to their country
and consider them persona non grata
2. EXTRATERRITORIALITY- personality which are
out of our territorial jxdn because of treaties
and executive agreements;
a. Ex. Mililtary bases agreement
NATIONALITY DOCTRINE
ART 15. Laws relating to family rights and duties,
or to the status, condition and legal capacity of
persons are binding upon citizens of the
Philippines, even though living abroad.
What matters that govern:
1. Family rights and duties
2. Condition
3. Legal status
4. Legal capacity
***all are governed by PH laws regardless where the
Filipino citizen is

XPN: ART 26 par 2 FC: one of the husband and wife
become a foreigner; who obtained a divorce decree
in accordance with his new national law
***effect both are allowed to remarry
NOTE: FILIPINO CITIZENS (both) cannot obtain a
divorce decree in other country
ART 16;
GR: par 1 : real property and personal property
governed by the law of the country where it is
situated (lex rei situs/sitae)
XPN: par 2 in cases of testamentary intestate
succession;
● Order of succession;
● Amount of successional right and
● Intrinsic validity;
****governed by the national law
of the testator whose succession is under
consideration; regardless of the nature of the prop
and the place where it is located (intrinsic validity:
distribution of the estate, distribution of the
properties of the decedent)
ART 17 validity of docs (public instruments,
contracts)-
GR: the formalities and the solemnities in the
execution of public instrument, contract or a will;
will be governed by the law of the place where it was
executed (lex loci celebrationis)
XPN:
1. when the contract has been executed in a
consular of a country; such country shall
govern the contract; REASON: consular office
is the extension of the territory of the such
country
2. Par. 3 art 17: acts which are violative of
mandatory/ prohibitory law of PH (ex.
Divorce decree obtained in another country)
ABUSE OF RIGHTS PRINCIPLES
ART 19:-every person must in the exercise of their
rights and in the performance of their duties act
with justice, give everyone his due, and observe
honesty and good faith.
***standard or normal conduct which should be
complied with as members of the civilized society; if
violated penalties are given under ARTS 20 &21
ELEMENTS OF ABUSE OF RIGHT
1. There is a legal right or duty
2. Exercised in bad faith
3. Only to prejudice another person
Penalties
ART 20: Every person who, contrary to law,
willfully or negligently causes damage to
another, shall indemnify the latter for the same.
payment of damages
- Immaterial whether it is done willfully or
negligently
- Contrary to law
- Damages will be given to the person injured
by the one who committed the act either
negligently or intentionally
ART 21: Any person who willfully causes loss
or injury to another in a manner that is contrary
to morals, good customs or public policy shall
compensate the latter for the damage.
- Act must be done willfully or intentionally
- Contrary to morals(CONTRA BONUS MORES)
- The act is committed not contrary to law but
contrary to law, morals , public policy, public
order and good customs
ART 22: Every person who through an act of
performance by another, or any other means,
acquires or comes into possession of something at
the expense of the latter without just or legal
ground, shall return the same to him.
- SOLUTIO INDEBITI- unjust enrichment;
obligation to return from someone who
received something which he has no legal
right to receive; failure to return :liable for
damages
ART 23:Even when an act or event causing damage
to another's property was not due to the fault or
negligence of the defendant, the latter shall be
liable for indemnity if through the act or event he
was benefited.
- Not negligent; but benefited hence should
indemnify
PRINCIPLE OF PARENS PATRIAE
ART 24: In all contractual, property or other
relations, when one of the parties is at a
disadvantage on account of his moral dependence,
ignorance, indigence, mental weakness, tender age
or other handicap, the courts must be vigilant for
his protection.
- protection from the state; through the courts
- Minor, mentally weak, the indigent
ART 25: Thoughtless extravagance in expenses for
pleasure or display during a period of acute public
want or emergency may be stopped by order of
the courts at the instance of any government or
private charitable institution.
- extravagance on state emergency
ELEMENTS
1. Declaration of a national emergency
2. There is thoughtless extravagance
3. Any head of government or private
charitable institution; shall be the one to go
to court for the abatement of the thoughtless
extravagance
***to prevent chaos and disorder
RIGHT FOR PRIVACY AND DIGNITY
 ART 26:Every person shall respect the dignity,
personality, privacy and peace of mind of his
neighbors and other persons. The following and
similar acts, though they may not constitute a
criminal offense, shall produce a cause of action
for damages, prevention and other relief:
(1) ) Prying into the privacy of another's
residence:
(2) Meddling with or disturbing the private life or
family relations of another;
(3) Intriguing to cause another to be alienated
from his friends;
(4) Vexing or humiliating another on account of his
religious beliefs, lowly station in life, place of
birth, physical defect, or other personal condition.
- May file civ action
ART 27: suffers material loss in failure to perform
duty of a public officer (ONLY MINISTERIAL)
- Public officer neglects his ministerial
function; may file action against the PO
- Civil
- Administrative
- Criminal
2 kinds of functions of a PUBLIC officer
1. Discretionary
2. Ministerial
ART 27: UNFAIR COMPETITION
- Competition among manufacturers and
suppliers
ART 28:
- Person facing a criminal proceeding (quantum
of proof: beyond reasonable doubt)
- REMEDY: When acquittal based on
reasonable doubt: may file civil
action based on the same act; based
on delict
SOURCES OF OBLIGATIONS:
1. Laws
2. Contracts
3. Quasi contracts
4. Delicts
***in criminal action: two entities injured:
(1.) State-when law was violated the state is injured:
reparation from the state: imprisonment
(2.) Private aggrieved party: reparation : damages
ART 29:When the accused in a criminal
prosecution is acquitted on the ground that his
guilt has not been proved beyond reasonable
doubt, a civil action for damages for the same act
or omission may be instituted. Such action
requires only a preponderance of evidence. Upon
motion of the defendant, the court may require
the plaintiff to file a bond to answer for damages
in case the complaint should be found to be
malicious.
If in a criminal case the judgment of acquittal is
based upon reasonable doubt, the court shall so
declare. In the absence of any declaration to that
effect, it may be inferred from the text of the
decision whether or not the acquittal is due to
that ground.
GR: if there is acquittal based on reasonable doubt:
accused is liable for payment of civil indemnity
XPN: there was a declaration from the judgment: that
the facts where the civil liability may arise do not
exist
ART 30: When a separate civil action is brought to
demand civil liability arising from a criminal
offense, and no criminal proceedings are
instituted during the pendency of the civil case, a
preponderance of evidence shall likewise be
sufficient to prove the act complained of.
ART 31: When the civil action is based on an
obligation not arising from the act or omission
complained of as a felony, such civil action may
proceed independently of the criminal proceedings
and regardless of the result of the latter.
- File a separate civil action based only on
preponderance of evidence; but under crim
pro; once crim action has been filed, the civil
aspect is impliedly instituted; civil action is
suspended (source of obli is delict)
ART 32: any public officer/ private person;shall be
liable for damages
Acts that may be violated: constitutional rights under
the Bill of Rights
- When violated; may institute independent
civil action
ART 33: Criminal offenses: may also file separate or
independent civil action
- Fraud includes libel/ slander
- Defamation includes estafa/swindling
- Physical injuries include murder, homicide,
serious, slight
ART 34: police officers who refuse to render aid or
protection to a person in case of danger; liable for
damages (since public officer civ, crim and admin)
- municipality/province are no longer
subsidiary liable; because police are no
longer under the control of the LGU
ART 35: source of obligation:delict no information has
not yet been filed; civil action may still be filed;
however once the crim proceeding has already been
initiated, civil action shall be suspended
ART 36: PREJUDICIAL QUESTION
- Pre-judicial questions which must be decided
before any criminal prosecution may be
instituted or may proceed, shall be governed
 by rules of court which the Supreme Court
shall promulgate and which shall not be in
conflict with the provisions of this Code.
Elements:
1. Previously instituted civil action
2. The issues are the same or intimately
related to each other;
3. The resolution of the civil action will
determine whether the crim action will
proceed/ the guilt/ innocence of the
accused
NOTED: Motion to Suspend the Criminal Case may be
filed by the accused (ex Prejud Question : BIGAMY;
declaration of nullity if filed will make the crim
action subject to a prejudicial question)
ART 37:Juridical capacity, which is the fitness to be
the subject of legal relations, is inherent in every
natural person and is lost only through death.
Capacity to act, which is the power to do acts with
legal effect, is acquired and may be lost
- Juridical cap is inherent to every person; to
be subject to in legal relation
- An unborn child already has a
juridical capacity; if the child will be
subject to legal relation (can be a
donee or an heir)
- In order for a child to receive as an
heir; the child must be born in
accordance to ART 41.
ART 41: For civil purposes, the fetus is considered
born if it is alive at the time it is completely
delivered from the mother's womb. However, if the
fetus had an intra-uterine life of less than seven
months, it is not deemed born if it dies within
twenty-four hours after its complete delivery from
the maternal womb.
- If intrauterine life of 7 mos; to be considered
born; enough to be alive when completely
delivered from the womb
- The 24-hr survival only applies if
there is an intra uterine life of LESS
than 7 mos.
DISTINGUISH JURIDICAL CAPACITY FROM CAPACITY TO
ACT
JC: inherent to every person
CA: legal age 18 or above
**even the fetus has already juridical capacity but no
capacity to act; moreover, it must be born under
ART 41
- If there is a donation in favor of the child;
the parent/authorized guardian may accept
the donation on behalf of the child; because
the fetus has no capacity to act yet
RESTRICTIONS/MODIFICATION of CAPACITY TO ACT
ART 38: Minority, insanity or imbecility, the state of
being a deaf-mute, prodigality and civil interdiction
are mere restrictions on capacity to act, and do not
exempt the incapacitated person from certain
obligations, as when the latter arise from his acts or
from property relations, such as easements.
ART 39: The following circumstances, among others,
modify or limit capacity to act: age, insanity,
imbecility, the state of being a deaf-mute, penalty,
prodigality, family relations, alienage, absence,
insolvency and trusteeship. The consequences of
these circumstances are governed in this Code, other
codes, the Rules of Court, and in special laws.
Capacity to act is not limited on account of religious
belief or political opinion.
A married woman, twenty-one years of age or
over, is qualified for all acts of civil life, except in
cases specified by law.
WHAT cannot be done by a person below 18:(null and
void)
- Cannot enter into special CONTRACT OF
MARRIAGE
However, a minor can enter into a contract; merely
voidable (valid until annulled)
Cannot be done by blind, deaf, deaf-mute, insane:
- Cannot be a witness to a will
However, contract entered into by the preceding
are VOIDABLE
Cannot be done by husband and wife:
- They cannot donate, sell to each other
- XPN: Donation may only be moderate gifts on
family rejoicing
Cannot be done by one who is not of sound mind:
- Cannot be a testator (to be qualified: legal
age and a sound mind)
Cannot be done by a prodigal, spendthrift or an
insolvent:
- Cannot manage own property or dispose own
property
Cannot be done by an alien or foreigner:
- Cannot acquire private lands in PH
- XPN: by hereditary succession
ART 40: Birth determines personality; but the
conceived child shall be considered born for all
purposes that are favorable to it, provided it be born
later with the conditions specified in the following
article.
Presumption: must be born in accordance with Art. 41
ART 42: Civil personality is extinguished by death.
The effect of death upon the rights and obligations of
the deceased is determined by law, by contract and
by will.
***However, if a valid will has been executed; and
the testator died; will shall take effect; respect the
provisions of the will
ART 43: If there is a doubt, as between two or more
persons who are called to succeed each other, as to
which of them died first, whoever alleges the death
of one prior to the other, shall prove the same; in the
absence of proof, it is presumed that they died at the
same time and there shall be no transmission of rights
from one to the other.
***one who alleged who has died first; if not it is
presumed that both has died at the same time
***applicable if parties are inheriting or succeeding to
each other
Under the Rules on Evidence there are presumptions
(if parties are not succeeding each other)
FAMILY CODE
ART 1: Marriage is a special contract of permanent
union between a man and a woman entered into in
accordance with law for the establishment of
conjugal and family life. It is the foundation of the
family and an inviolable social institution whose
nature, consequences, and incidents are governed by
law and not subject to stipulation, except that
marriage settlements may fix the property relations
during the marriage within the limits provided by this
Code
DISTINGUISH SPECIAL CONTRACT OF MARRIAGE FROM
ORDINARY CONTRACT
As to Requisites: OC: Consent, object and
consideration
MARRIAGE: Essential and
Formal Requisites
As to no.of parties OC:two or more
MARRIAGE: two persons; a
man and a woman
As to stipulation OC: may stipulate
T&C
MARRIAGE: GR. cannot
stipulate
XPN: property
relations; marriage settlement
As to termination OC: novation, fulfillment,
payment and other modes under the law
MARRIAGE: death/ judicial
order of the court (annulment/dec of nullity)
ESSENTIAL REQUISITES OF MARRIAGE:
ART 2: No marriage shall be valid, unless these
essential requisites are present:
(1) Legal capacity of the contracting parties who
must be a male and a female; and
(2) Consent freely given in the presence of the
solemnizing officer.
Legal capacity: 18 years or above
Consent: given by the contracting parties; no vice or
defect of consent
- Vices that must not be present at the time of
the celebration, no fraud, no intimidation,
no
undue influence, no violence: VOLUNTARILY,
INTELLIGENTLY and FREELY given
FORMAL REQUISITES:
ART 3: The formal requisites of marriage are:
(1) Authority of the solemnizing officer;
(2) A valid marriage license except in the cases
provided for in Chapter 2 of this Title; and
(3) A marriage ceremony which takes place with the
appearance of the contracting parties before the
solemnizing officer and their personal declaration
that they take each other as husband and wife in the
presence of not less than two witnesses of legal age.
ART 7: Authorized Solemnizing Officers:
1. Priest, rabbi, imam,
Requisites to be Authorized:
1. Belongs to a religious sect or church
2. Registered with the civil registrar
general/ NSO/ PSA (Phil statistics
authority)
3. One or both of the contracting parties
must be a member of the sect or
church
4. Within the bounds of the authority
given by the sect or church
2. Pilot, ship captain (in case of marriage Articulo
Mortis)
- When: 1. Marriage in articulo moritis
2. Bet. passengers or a crew or both
3. While the ship is in voyage or
during stop over or ports
3. Consular Officer:Consul, Vice Consul, or Consul
General;
1. Contracting parties must be both Fil
Citizens
2. Marriage must be celebrated inside
the consulate
4. Any incumbent member of the Judiciary within the
territorial Jxdn
- Mtc, RTC, MCTC: only within their territory
- Justices: nationwide
5. Unit Commander:
Requisites:
1. Marriage must be Articulo Mortis
2. There must be a Chaplain assigned to
the unit;
3. Chaplain is absent
4. Within the zone of military operation
5. Bet Civilians or military personnel
6. Mayor (Local Gov’t. Code of 1991 (jan 1 1992)
***during FC effectivity Aug 3, 1988 (during
intervening period mayors cannot solemnize marriage
VALID MARRIAGE LICENSE
GR: valid marriage license first before marriage
ceremony
XPN:
1. Ariculo Mortis (one or both at the point of
death)
2. Contracting parties; are in remote place and
no means of transportation
3. MArriage is bet. Muslims and members of
ethnic cultural communities; provided that
 the marriage is solemnized in accordance
with their practices, rites and customs
4. Contracting parties COHABITED for 5 years or
more without any legal impediment
*** must execute: affidavit of
cohabitation stating that they are cohabiting for 5
years or more and there is no legal impediment and
their intent to marry each other
ART 9:A marriage license shall be issued by the local
civil registrar of the city or municipality where either
contracting party habitually resides, except in
marriages where no license is required in accordance
with Chapter 2 of this Title.
- Marriage License shall be applied to a local
civil registrar: where either of the
contracting parties habitually reside
Information/data that shall be included when
marriage license is applied:
Art. 11. Where a marriage license is required, each of
the contracting parties shall file separately a sworn
application for such license with the proper local civil
registrar which shall specify the following:
(1) Full name of the contracting party;
(2) Place of birth;
(3) Age and date of birth;
(4) Civil status;
(5) If previously married, how, when and where the
previous marriage was dissolved or annulled;
(6) Present residence and citizenship;
(7) Degree of relationship of the contracting parties;
(8) Full name, residence and citizenship of the
father;
(9) Full name, residence and citizenship of the
mother; and
(10) Full name, residence and citizenship of the
guardian or person having charge, in case the
contracting party has neither father nor mother and
is under the age of twenty-one years.
The applicants, their parents or guardians shall not
be required to exhibit their residence certificates in
any formality in connection with the securing of the
marriage license.
ART 21:
- foreigner should attach: Certificate of legal
capacity: from the embassy (diplomatic /
consular officials)
- stateless person/refugee shall provide:secure
affidavit being a refugee or a stateless
person; submit an affidavit stating
circumstances showing such legal capacity to
get married in the PH
If bet age 18 and 21: should attach with the marriage
license:
- Parental COnsent
- Father, mother and surviving
guardian
- If there is no favorable parental consent:
marriage VOIDABLE (becomes defect)
If bet 21 and 25:should attach as well
- Parental advice
- If no favorable parental advice:
marriage remains VALID
- However LCR will suspend marriage
license for 90 days
- Marriage counselling
***120 days effectivity of the marriage license
anywhere in the PH; beyond the period considered
lapse
LCR: NOTICE AND PUBLICATION:
Period: 10 days
****if there was legal impediment
If there was a legal impediment, can the LCR refuse
issuance of marriage license after publication?
- No, because it is the ministerial duty of the
LCR to issue marriage license after
publication unless there is a court order to
refuse.
MARRIAGE CEREMONY:
- No prescribed form or religious rites
When is there a valid marriage ceremony:
1. Personally appear before the solemnizing
officer
2. Personally declare that they take each other
as husband and wife
3. In the presence of two witnesses of legal age
If no witness: marriage is VALID : mere irregularity
ART4: solemnizing officer is liable crim, civ or admin
liable
Art. 4. The absence of any of the essential or formal
requisites shall render the marriage void ab initio,
except as stated in Article 35
*** absence of any essential or formal=VOID
Defect in essential= VOIDABLE
Only irregularity in the formal req= VALID
(one who is responsible shall be civ, crim or
admin liable)
Best evid to the existence of marriage: marriage cert;
if not testimony of the witness; that is why marriage
is held in a public place
PLACES where marriage ceremony may take place:
● Chamber of the judge
● Office of the consul, vc, cg
● Church, temple or plaza
GR: marriage ceremony must be in a public place
XPN:
1. Articulo mortis
2. Remote areas and no means of transport
3. In lieu: AFFIDAVIT sworn by by both parties;
request the solemnizing officer that
ceremony be held in a specific place
***even if there is no testimony: PRESUMPTION: a man
and a woman deporting themselves as husband and
wife before the community are considered to have
validly entered into a contract of marriage; unless
there is a strong proof that the couple are not
married to each other (presumption arises even there
is no marriage cert or testimony)
PERSONAL DECLARATION to take each other as
husband and wife:
- Not as always verbal; may be by mere
gesture; and signing of marriage cert is a
personal declaration
ART 26
Par. 1: All marriages solemnized outside the
Philippines, in accordance with the laws in force in
the country where they were solemnized, and
valid there as such, shall also be valid in this
country, except those prohibited under Articles 35
(1), (4), (5) and (6), 36, 37 and 38.
MARRIAGES CONTRACTED ABROAD:
GR: In accordance with the law of the foreign country
will be considered valid in the PH (Lex loci
celebrationis):
XPN:
1. Art 35 (1): no legal capacity
2. (4): bigamous or polygamous marriage
3. (5): mistake in identity ex identical twins
4. (6): void under ART 53 not complied:
first marriage was annulled/dec of
nullity:
should be recorded to LCR and RD:
1. Judicial declaration
2. dissolution and distribution of
property regime
3. Delivery of the presumptive
legitime to the legit children
5. ART 36 : Psychological Incapacity
i. grave/serious
ii. Juridical antecedence: prior/
latest of the marriage;
manifested at the time of
marriage
iii. incurability/ permanence
(santos and Molina case)
***where one or both cannot comply
with the essential marital obligations;
they are truly insensitive and
incompetent to comply
Essential marital Obligations:
1. Live together
2. Mutual support
3. Love
4. Help
5. fidelity
***if cannot comply may be
considered psych incap: marriage is VOID AB INITIO
6. ART 37 :incestous marriages
i. Ascendants and descendants
whatever degree
ii. Bet bros and sis whether full
or half blood
7. ART 38 :marriages which are void by reason
of public policy
(1) Between collateral blood relatives
whether legitimate or illegitimate, up to the
fourth civil degree;
(2) Between step-parents and step-children;
(3) Between parents-in-law and
children-in-law;
(4) Between the adopting parent and the
adopted child;
(5) Between the surviving spouse of the
adopting parent and the adopted child;
(6) Between the surviving spouse of the
adopted child and the adopter;
(7) Between an adopted child and a
legitimate child of the adopter;
(8) Between adopted children of the same
adopter; and
(9) Between parties where one, with the
intention to marry the other, killed that other
person's spouse, or his or her own spouse.
Par 2. Where a marriage between a Filipino
citizen and a foreigner is validly celebrated and a
divorce is thereafter validly obtained abroad by
the alien spouse capacitating him or her to
remarry, the Filipino spouse shall have capacity to
remarry under Philippine law. (As amended by
Executive Order 227)
***relate art 15 nationality principle: XPN art 26 par 2
- Allows fil spouse to remarry:
1. Foreign spouse obtained an absolute
decree divorce decree in another
country
2. FIl cit must prove absolute divorce
decree: court will not take judicial
notice
***The parties themselves cannot declare that their
marriage is void, they must secure judicial
intervention (Art. 40 FC)
- Art. 40. The absolute nullity of a previous
marriage may be invoked for purposes of
remarriage on the basis solely of a final
judgment declaring such previous marriage
void.
***must secure first judicial declaration of nullity of
marriage before contracting another marriage;
otherwise may be prosecuted and even be convicted
on bigamy
WHEN CAN THERE BE TWO VALID MARRIAGES EXISTING
AT THE SAME TIME?
1. There must be absence of one of the spouses
- Period required by law is :
- 4 continuous years-ORDINARY
ABSENCE
- 2 continuous years-
EXTRAORDINARY (grave
danger of death)
2. Present spouse has a well founded belief that
the absentee spouse is dead; good faith on the part
of the present spouse
 - Must secure a judicial declaration of
presumptive death (Family Court/
RTC)
- Declaration is governed by
summary proceeding:
immediately executory
- No appeal can be made by
the aggrieved party even the
sol Gen
- Only remedy is Rule
65; prove that there
is a grave abuse of
discretion
- spouse; in default
Art. 41. A marriage contracted by any person during
subsistence of a previous marriage shall be null and
void, unless before the celebration of the subsequent
marriage, the prior spouse had been absent for four
consecutive years and the spouse present has a
well-founded belief that the absent spouse was
already dead. In case of disappearance where there is
danger of death under the circumstances set forth in
the provisions of Article 391 of the Civil Code, an
absence of only two years shall be sufficient.
For the purpose of contracting the subsequent
marriage under the preceding paragraph the spouse
present must institute a summary proceeding as
provided in this Code for the declaration of
presumptive death of the absentee, without
prejudice to the effect of reappearance of the absent
spouse.
Art. 42. The subsequent marriage referred to in the
preceding Article shall be automatically terminated
by the recording of the affidavit of reappearance of
the absent spouse, unless there is a judgment
annulling the previous marriage or declaring it void
ab initio.
A sworn statement of the fact and circumstances of
reappearance shall be recorded in the civil registry of
the residence of the parties to the subsequent
marriage at the instance of any interested person,
with due notice to the spouses of the subsequent
marriage and without prejudice to the fact of
reappearance being judicially determined in case
such fact is disputed.
WHAT WILL REBUT THE PRESUMPTION OF DEATH?
- The reappearance of the absentee spouse:
- There must be a recording of the
affidavit of the appearance before
the LCR of the place of the
subsequent marriage reside: with due
notice
- Mere reappearance will not be
sufficient to terminate the
subsequent marriage
- Effects of the recording of the affidavit of
reappearance:
1. Will terminate automatically the
subsequent marriage
2. Same as dec of nullity; annulment
and legal sep decree
a. Children prior to the term of
the subsequent marriage is
considered LEGITIMATE
b. The prop regime shall be
considered dissolved and shall
be distributed to the spouses
i. If one is in BF; the
net profits will be
forfeited in favor of
their children; or in
the absence thereof
in favor of the
children of the guilty
thereof in favor of
the innocent spouse
c. the donation shall be valid
Ii. however if the donee
acted in bad faith; donation shall be
revoked by operation of law
D. the designation of a spouse
in bad faith in an insurance policy;
even if irrevocable; shall be revoked
by operation of law
E. the spouse in bad faith
cannot be an heir; whether
testamentary or intestate succession
Art. 43. The termination of the subsequent marriage
referred to in the preceding Article shall produce the
following effects:
(1) The children of the subsequent marriage
conceived prior to its termination shall be considered
legitimate;
(2) The absolute community of property or the
conjugal partnership, as the case may be, shall be
dissolved and liquidated, but if either spouse
contracted said marriage in bad faith, his or her share
of the net profits of the community property or
conjugal partnership property shall be forfeited in
favor of the common children or, if there are none,
the children of the guilty spouse by a previous
marriage or in default of children, the innocent
spouse;
(3) Donations by reason of marriage shall remain
valid, except that if the donee contracted the
marriage in bad faith, such donations made to said
donee are revoked by operation of law;
(4) The innocent spouse may revoke the designation
of the other spouse who acted in bad faith as
beneficiary in any insurance policy, even if such
designation be stipulated as irrevocable; and
(5) The spouse who contracted the subsequent
marriage in bad faith shall be disqualified to inherit
from the innocent spouse by testate and intestate
succession.
*** To whom the conjugal dwelling or the lot is given
when there is a dissolution of marriage:
- To the spouse with whom the majority of the
children choose to remain
***Custody of the children less than 7 years of age:
GR: to the mother

XPN: compelling reasons to deny the mother of the
custody of the child (upon the court)
Ex.:1. Insane, habitual alcoholic, drug addict,
communicable disease, no other means of livelihood
which cannot support the child.
***Same as dec of nullity, annulment/ legal sep
decree
VOIDABLE MARRIAGES:
Art. 45. A marriage may be annulled for any of the
following causes, existing at the time of the
marriage:
(1) That the party in whose behalf it is sought to have
the marriage annulled was eighteen years of age or
over but below twenty-one, and the marriage was
solemnized without the consent of the parents,
guardian or person having substitute parental
authority over the party, in that order, unless after
attaining the age of twenty-one, such party freely
cohabited with the other and both lived together as
husband and wife;
(2) That either party was of unsound mind, unless
such party after coming to reason, freely cohabited
with the other as husband and wife;
(3) That the consent of either party was obtained
by fraud, unless such party afterwards, with full
knowledge of the facts constituting the fraud,
freely cohabited with the other as husband and
wife;
(4) That the consent of either party was obtained by
force, intimidation or undue influence, unless the
same having disappeared or ceased, such party
thereafter freely cohabited with the other as husband
and wife;
(5) That either party was physically incapable of
consummating the marriage with the other, and such
incapacity continues and appears to be incurable; or
(6) That either party was afflicted with a
sexually-transmissible disease found to be serious and
appears to be incurable. (85a)
WHO CAN GO TO COURT:PERIOD (ANNULMENT OF
MARRIAGE)
1. No consent:
a. parents of the no consent party- at
any time the no consent party
reaches the age 21
b. No consent spouse- within 5 years
after attaining the age of 21
2. UNsound mind:at anytime during the lifetime
of the parties (spouse,
[parent/guardian/unsound party)
a. Unsound mind party: anytime during
lifetime; during lucid interval
3. FRAUD:
a. the injured/aggrieved party: within 5
years after discovery of the fraud
4. INTIMIDATION/UNDUE CONSENT:
a. the injured/aggrieved party; within 5
years after the vices/defect of
consent has ceased
5. PHYSICAL INCAP (IMPOTENCE):
1
0
a. the injured/aggrieved party; within 5
years after the marriage
6. STD: must be proved that it is serious and
incurable
a. the injured/aggrieved party; within 5
years after the marriage
***marriage may be ratified upon continuous
cohabitation
In re Art 45 (3)
Art. 46. Any of the following circumstances shall
constitute fraud referred to in Number 3 of the
preceding Article:
(1) Non-disclosure of a previous conviction by final
judgment of the other party of a crime involving
moral turpitude;
(2) Concealment by the wife of the fact that at the
time of the marriage, she was pregnant by a man
other than her husband;
(3) Concealment of sexually transmissible disease,
regardless of its nature, existing at the time of the
marriage; or
(4) Concealment of drug addiction, habitual
alcoholism or homosexuality or lesbianism existing
at the time of the marriage.
No other misrepresentation or deceit as to character,
health, rank, fortune or chastity shall constitute such
fraud as will give grounds for action for the
annulment of marriage. (86a)
Art. 47. The action for annulment of marriage must
be filed by the following persons and within the
periods indicated herein:
(1) For causes mentioned in number 1 of Article 45 by
the party whose parent or guardian did not give his or
her consent, within five years after attaining the age
of twenty-one, or by the parent or guardian or person
having legal charge of the minor, at any time before
such party has reached the age of twenty-one;
(2) For causes mentioned in number 2 of Article 45,
by the same spouse, who had no knowledge of the
other's insanity; or by any relative or guardian or
person having legal charge of the insane, at any time
before the death of either party, or by the insane
spouse during a lucid interval or after regaining
sanity;
(3) For causes mentioned in number 3 of Article 45,
by the injured party, within five years after the
discovery of the fraud;
(4) For causes mentioned in number 4 of Article 45,
by the injured party, within five years from the time
the force, intimidation or undue influence
disappeared or ceased;
(5) For causes mentioned in number 5 and 6 of Article
45, by the injured party, within five years after the
marriage.
LEGAL SEPARATION: ***exists after the marriage
Art. 55. A petition for legal separation may be filed
on any of the following grounds:
(1) Repeated physical violence or grossly abusive
conduct directed against the petitioner, a common
child, or a child of the petitioner;
(2) Physical violence or moral pressure to compel the
petitioner to change religious or political affiliation;
(3) Attempt of respondent to corrupt or induce the
petitioner, a common child, or a child of the
petitioner, to engage in prostitution, or connivance
in such corruption or inducement;
(4) Final judgment sentencing the respondent to
imprisonment of more than six years, even if
pardoned;
(5) Drug addiction or habitual alcoholism of the
respondent;
(6) Lesbianism or homosexuality of the respondent;
(7) Contracting by the respondent of a subsequent
bigamous marriage, whether in the Philippines or
abroad;
(8) Sexual infidelity or perversion;
(9) Attempt by the respondent against the life of the
petitioner; or
(10) Abandonment of petitioner by respondent
without justifiable cause for more than one year.
For purposes of this Article, the term "child" shall
include a child by nature or by adoption.
***IN LEGAL SEPARATION the spouses CANNOT GET
MARRIED AGAIN: marital tie is not severed
EFFECT: LEGAL SEP GRANTED BY THE COURT:
- Separation in bed and board- not required to
live together as husband and wife
***concubinage is difficult to prove:
Element: The wife and mistress are living
under one roof/ living scandalously
Art. 56. The petition for legal separation shall be
denied on any of the following grounds:
(1) Where the aggrieved party has condoned the
offense or act complained of;
(2) Where the aggrieved party has consented to the
commission of the offense or act complained of;
(3) Where there is connivance between the parties in
the commission of the offense or act constituting the
ground for legal separation;
(4) Where both parties have given ground for legal
separation;
(5) Where there is collusion between the parties to
obtain decree of legal separation; or
(6) Where the action is barred by prescription.
(100a)
Art. 57. An action for legal separation shall be filed
within five years from the time of the occurrence of
the cause.
COOLING OFF PERIOD: LEGAL SEPARATION
- 6 months from the filing of the legal
separation case: court will suspend the
proceedings;
- PURPOSE: parties to reconcile; marital bond
is not severed; they are still married iwth
each other
EFFECT OF RECONCILIATION:
- File a verified petition (that parties have
reconciled) with the same court hearing the
legal separation case
- Even if there is already a legal sep decree
WHEN PARTIES WANT TO REVIVE THEIR OLD PROP
REGIME:
- file a verified petition before the same court; name
of the creditor's shall be included to be protected
RIGHTS AND OBLIGATIONS OF THE PARTIES
Art. 68. The husband and wife are obliged to live
together, observe mutual love, respect and fidelity,
and render mutual help and support.
***ADMINISTRATION OF THE ACP AND CPG= JOINT
DOMICILE OF THE SPOUSES= ART 69;both the husband
and wife
- In case of disagreement:court shall determine
(summary judicial proceeding)
Art. 73. Either spouse may exercise any legitimate
profession, occupation, business or activity without
the consent of the other. The latter may object only
on valid, serious, and moral grounds.
In case of disagreement, the court shall decide
whether or not:
(1) The objection is proper; and
(2) Benefit has occurred to the family prior to the
objection or thereafter. If the benefit accrued prior
to the objection, the resulting obligation shall be
enforced against the separate property of the spouse
who has not obtained consent. (should be the
community prop is liable)
The foregoing provisions shall not prejudice the rights
of creditors who acted in good faith.
**** if the objection is after: separate prop of the
spouse shall be liable
PROPERTY RELATIONS
Art. 74. The property relationship between husband
and wife shall be governed in the following order:
(1) By marriage settlements executed before the
marriage;
(2) By the provisions of this Code; and
(3) By the local custom. (118)
Art. 75. The future spouses may, in the marriage
settlements, agree upon the regime of absolute
community, conjugal partnership of gains, complete
separation of property, or any other regime. In the
absence of a marriage settlement, or when the
regime agreed upon is void, the system of absolute
community of property as established in this Code
shall govern.
When is there a valid marriage settlement?
1. Must be in writing
2. Signed by the future spouses
3. Must be executed before the celebration of
the marriage

***any modification in the marriage settlement must
be done before the celebration of marriage
To bind THIRD PARTIES;(to give constructive notice
that there is a marriage settlement bet future
spouses)
- Marriage settlement must be registered with
LCR and Registry of Property
- ***if not registered it is also binding between
the contracting parties
NO MARRIAGE SETTLEMENT:/VOID MARRIAGE
SETTLEMENT
- DEFAULT PROPERTY REGIME: Absolute
Community of Property
EFFECT WHEN THERE IS NO MARRIAGE THAT TOOK
PLACE: as to the marriage settlement
GR: VOID marriage settlement
XPN: there are provisions that are still VALID:
- If the provision in the marriage settlement
does not depend on the happening of the
marriage
a. (ex. Paternity affiliation;
acknowledgment of the illegit child:
PURPOSE: to protect the legitime of
the child)
DONATION PROPTER NUPTIAS: given before the
celebration of the marriage
Elements;
1. Donation is in consideration of marriage;
given
2. Given BEFORE the celebration of marriage
3. Donation is given to either to one or both the
future spouses
Formalities must be complied with Donation Propter
Nuptias
- It takes effect during the lifetime of the
donor; it follows the formalities of DONATION
INTER VIVOS
- (Not donation mortis causa; no need to wait
for the death of the donor to take effect)
Donation Propter Nuptias: Can the future spouses
donate to each other?
- Yes.
- Limitations:
1. If the agreement of the property
regime other than ACP; the future
spouses cannot donate to each other
more than 1/5 of their present
property
a. PURPOSE: ACP is governed by
co-ownership; while CPG is
governed by contract of
partnership and other sep.
prop regime (own prop
separately and distinct from
the other)
Can the sps donate to each other DURING a valid
marriage?
GR: NO
XPN: Moderate gifts given to each other during times
of family rejoicing
Test whether the gift is moderate or not?
- Financial capacity of the giver
Donation Propter nuptias; the property subject to
encumbrance
What is the nature of the donation?
- Donation is VALID
- EFFECT:
- If foreclosed; the value of the
foreclosure is less than the value of
the obligation:
- The deficiency: donor will be
liable; not the donee
- If the proceeds of the foreclosure
sale exceeds the value of the
donation
- The excess shall be given to
the donee
Who may revoke a donation propter nuptias:
- The DONOR may revoke
GROUNDS to revoke:
1. Marriage did not take place
2. Marriage has been declared judicially
VOID/ANNULLED
3. No consent of the parents/ guardians
4. Legal Separation; and the DONEE is the guilty
spouse
5. Donee has committed an act of ingratitude
6. There is a resolutory condition (condition has
been complied)
PROPERTY REGIMES
1. Absolute Community of Property
2. Conjugal Partnership of Gains
3. Separate Property Regime
ABSOLUTE COMMUNITY PROPERTY
- Governed by co-ownership
- Everything that either of the spouse owns
BEFORE the marriage will be brought to the
marriage; becomes part of the ACP
- ACP and CPG commence at the precise
moment of marriage
***NCC: commence on the day of the marriage
- DAY- sunrise: therefore the start of property
rel. Sunrise; even the marriage is at 6pm
(provision corrected by the FC)
- Everything acquired AFTER the marriage also
belongs to the ACP
- Default marriage settlement; if there is none
that has been executed by the parties
Properties that are excluded:
1. Properties given either to one of the
spouses by gratuitous title; (donation
inter vivos/ mortis causa)
 XPN XPN: Donor expresses that it shall form part
of the ACP
2. Properties owned and used exclusively by
either of the spouse
XPN XPN: Jewelries
3. Properties owned by a spouse who has
been previously married who have
legitimate descendants (the legitimate
children are being protected by the law)
WHO MANAGES AND ADMINISTERS ACP:
- both the spouses: JOINTLY
CONJUGAL PARTNERSHIP OF GAINS
- Governed by the law on partnership;
therefore the fruits and the income of the
separate property placed in the common fund
- Separate properties before the marriage are
brought but does not become part of the
CPG; only the income, fruits, rents etc are
placed in the common fund (divided after the
dissolution of marriage)
- Needs marriage settlement
Properties that are excluded in CPG
1. Separate properties brought by parties to the
CPG; still belongs to either of the exclusively
2. Properties acquired by gratuitous title
(Donation inter vivo/mortis causa)
3. Properties acquired through redemption;
used exclusive property to redeem
4. Properties bought using own funds/money
exclusively by the spouse
WHO MANAGES AND ADMINISTERS CPG:
- both the spouses: JOINTLY
SEPARATE PROPERTY REGIME
- There must be a marriage settlement
- Separate properties is liable for the separate
liabilities of spouses
Attributes of ownership in separate property regime:
- Right to possession
- Enjoy the fruits
- can dispose his own property
***in ACP and CPG; cannot sell or encumber
properties belonging to both spouses without written
marital consent
- Under separate prop regime; no need for
marital consent of the spouse
Family expenses; using own income:
- Contribution to family expenses by each
spouse is in proportion to their income
Liability to creditors:
- Solidary liability of the spouses towards the
payment of the creditors; anyone of the
spouses can be compelled by the creditor to
pay; with respect to debts incurred for family
expenses
PRESUMPTIONS: ACP/CPG
1. There can be NO WAIVER; NO RENUNCIATION
OF RIGHTS/ANY INTEREST/PARTICIPATION
a. XPN: judicial approval: BUT waiver
must be recorded in LCR and RD (to
protect the creditors)
2. Properties acquired during marriage are
presumed to belong to ACP/CPG
a. Must be proved property was acquired
DURING MARRIAGE
b. NOTE: when the TITLE “married
to”:anyone of the sps may prove that
it is not conjugal: married to; is only
civil status (see cases); prop may
have been acquired before marriage
but was only registered during
marriage
ART 94 and 121: WHAT ARE THE CHARGES AND
OBLIGATIONS (LIABILITIES) ACP/CPG:
(1) The support of the spouses, their common
children, and legitimate children of either spouse;
however, the support of illegitimate children shall be
governed by the provisions of this Code on Support;
(2) All debts and obligations contracted during the
marriage by the designated administrator-spouse for
the benefit of the community, or by both spouses, or
by one spouse with the consent of the other;
(3) Debts and obligations contracted by either spouse
without the consent of the other to the extent that
the family may have been benefited;
(4) All taxes, liens, charges and expenses, including
major or minor repairs, upon the community
property;
(5) All taxes and expenses for mere preservation
made during marriage upon the separate property of
either spouse used by the family;
(6) Expenses to enable either spouse to commence or
complete a professional or vocational course, or
other activity for self-improvement;
(7) Ante-nuptial debts of either spouse insofar as they
have redounded to the benefit of the family;
(8) The value of what is donated or promised by both
spouses in favor of their common legitimate children
for the exclusive purpose of commencing or
completing a professional or vocational course or
other activity for self-improvement;
(9) Ante-nuptial debts of either spouse other than
those falling under paragraph (7) of this Article, the
support of illegitimate children of either spouse, and
liabilities incurred by either spouse by reason of a
crime or a quasi-delict, in case of absence or
insufficiency of the exclusive property of the
debtor-spouse, the payment of which shall be
considered as advances to be deducted from the
share of the debtor-spouse upon liquidation of the
community; and ***(only ACP)
(10) Expenses of litigation between the spouses
unless the suit is found to be groundless.
If the community property is insufficient to cover the
foregoing liabilities, except those falling under
paragraph (9), the spouses shall be solidarily liable
for the unpaid balance with their separate
properties.

***usually the administrator spouse: Husband
Instances when the administration of the property
may be transferred from one spouse to the other:
- Declaration of absentee
- One of the sps; sentenced with accessory
penalty of civil interdiction
- The admin spouse becomes incompetent;
makes the other spouse the guardian of the
other
- Fugitive from justice; hiding from the law
- Not suitable to administer the property; court
may appoint; any person (even stranger) to
be suitable to administer the property
***may be transferred, managed or administered even
the exclusive property of the other spouse
ART 99 and 126 :TERMINATION OF ACP/CPG:
(1) Upon the death of either spouse;
(2) When there is a decree of legal separation;
(3) When the marriage is annulled or declared void;
or
(4) In case of judicial separation of property during
the marriage under Articles 134 to 138.
In case of death:
- The surviving spouse must file within one year
from the death of the spouse to liquidate the
estate of the decedent
- NO LIQUIDATION within 6 mos:
- The property regime of the
subsequent marriage is COMPLETE
SEPARATION OF PROPERTY but (of
course) the subsequent marriage is
VALID
- Any disposition/encumbrance is NOT
VALID; considered VOID
Procedure for liquidation: Termination of Property
rel:
1. Make an inventory of the properties of the
spouses; which are common and exclusive
2. Debts:
a. If accrued for the benefit of the
family- ACP/CPG will answer for the
debts (gross)
i. Remaining balance: (net)
GR: divided equally
XPN: there is a division
included in the marriage settlement
b. If gross is insufficient to pay the
debts:- exclusive props of sps will be
liable for the payment of the debt
3. Remaining exclusive props: will be returned
to the owner spouse
4. Deliver the presumptive legitime of the
common children
5. Conjugal Dwelling/Lot:Custody of Children:-
will go to the spouse with whom majority of
the children choose to remain (RATIONALE:
To protect the children)
a. GR: custody of the children below 7
yrs old- belongs to the mother
XPN: compelling reason for
the court to deny custody:
i. Ex.: (when best interest of
the child is impaired)civil
interdiction, drug addict,
insane, maltreatment of the
child either physical or
verbal, habitual alcoholism,
communicable disease,
income is not enough to
provide for the child
PROPERTY REGIME:UNIONS WITHOUT A VALID
MARRIAGE(ART 147/148)
- Governed by co-ownership
147: man and woman cohabit without marriage:
- Income and salary will be shared equally
- EQUAL CO-OWNERSHIP
- Elements:
1. Cohabiting as h &w: either no
marriage/Void marriage
2. No legal impediment
- How properties are distributed:
- Equally distributed to both parties
even if one did not actually
contribute to the acquisition of the
properties; but only took care of the
family and manages the house
148: governed by SPECIAL CO-OWNERSHIP-
- Elements:
1. Cohabiting as h &w: either no
marriage/Void marriage
2. There is a previous/subsequent
marriage; legal impediment
- How properties are distributed:
- Equally distributed according to their
actual contribution (money,
property/industry)
- If no contribution=no share at
all
ART 134-138
JUDICIAL SEPARATION OF PROPERTY: during a valid
marriage
- Voluntary dissolution of property
***NOTE: extrajudicial separation of property is not
allowed
PROCEDURE: Separation of Property (Voluntary
dissolution prop regime)
1. File a verified petition with the court
2. All the creditors shall be listed and notified
3. Decision decreed by the court= Complete
Separation of Property
4. Must be recorded in LCR and RD
Effect: Revival of Former Property Regime:
- File a verified petition with the same court
which rendered the decision of complete
separation of property for the revival of the
former property regime
 - Court shall declare the revival; and shall
record with the proper LCR and RD
HOWEVER; limitations upon revival:
- Only on separation of property and only one
revival is allowed
- BUT if there is a lawful cause: may still have
judicial separation of property
LAWFUL CAUSES: may allow judicial separation of
property (again)
ART 135:
Any of the following shall be considered sufficient
cause for judicial separation of property:
(1) That the spouse of the petitioner has been
sentenced to a penalty which carries with it civil
interdiction;
(2) That the spouse of the petitioner has been
judicially declared an absentee;
(3) That loss of parental authority of the spouse of
petitioner has been decreed by the court;
(4) That the spouse of the petitioner has abandoned
the latter or failed to comply with his or her
obligations to the family as provided for in Article
101;
(5) That the spouse granted the power of
administration in the marriage settlements has
abused that power; and
(6) That at the time of the petition, the spouses have
been separated in fact for at least one year and
reconciliation is highly improbable.
In the cases provided for in Numbers (1), (2) and (3),
the presentation of the final judgment against the
guilty or absent spouse shall be enough basis for the
grant of the decree of judicial separation of property.
***NOTE (again) if voluntary dissolution of the
property regime: only one judicial separation of
prop/revival may be done BUT if there is a lawful
cause; may go to court if there exist a lawful cause,
not limited
TITLE V : THE FAMILY
Who are members of the immediate family?
ART 150:Family relations include those:
(1) Between husband and wife;
(2) Between parents and children; ascendants
/descendants
(3) Among brothers and sisters, whether of the full
or half-blood.
IMPORTANCE:
- Support
- ART 151
ART. 151: No suit between members of the same
family shall prosper unless it should appear from the
verified complaint or petition that earnest efforts
toward a compromise have been made, but that the
same have failed. If it is shown that no such efforts
were in fact made, the same case must be dismissed.
Requisites (to be able to file an action against a
family member)
1. Include in the pleading that earnest efforts
has been exerted to compromise
2. That such earnest effort has failed
Otherwise; no allegation of earnest efforts; court will
dismiss the action for being immature
***May refile under Art 151 CONSEQUENCE: pay filing
fee again
XPN:
- If there is a stranger impleaded in the action
FAMILY HOME
Definition;
Art. 152. The family home, constituted jointly by the
husband and the wife or by an unmarried head of a
family, is the dwelling house where they and their
family reside, and the land on which it is situated.
ONLY ONE FAMILY HOME SHALL BE CONSTITUTED; may
have several family residences:
Importance of the Family Home:
ART 155 : Family home is exempt from forced sale,
execution or attachment
- XPNs:
1. non- payment of taxes
2. debts incurred prior to the
constitution of the family home
NOTE: Upon the effectivity of the FC
all family residences automatically became
Family Home (remember: before FC there
should be either judicial or xtrajud dec of
constitution of family home)
3. debts secured by mortgages on the
premises before or after such
constitution
4. debts due to laborers, mechanics,
architects, builders, materialmen and
others who have rendered service or
furnished material for the
construction of the building.
5. ART 160: (another XPN) When a
creditor whose claims is not among
those mentioned in Article 155
obtains a judgment in his favor, and
he has reasonable grounds to believe
that the family home is actually
worth more than the maximum
amount fixed in Article 157, he may
apply to the court which rendered
the judgment for an order directing
the sale of the property under
execution
***shall prove as judgment creditor; also prove that
the actual value of the house based on the
improvements has already exceeded the value under
ART 157
- How the proceeds of the execution sale
applied:
- Deduct the value of the house prov
under ARt 157
 - Apply the remaining amount: to the
creditors (amount of the obligation)
- 300k/200k to the head of the family-
debtors
VALUE OF THE FAMILY HOME
Art. 157. The actual value of the family home shall
not exceed, at the time of its constitution, the
amount of the three hundred thousand pesos in
urban areas, and two hundred thousand pesos in
rural areas, or such amounts as may hereafter be
fixed by law.
In any event, if the value of the currency changes
after the adoption of this Code, the value most
favorable for the constitution of a family home shall
be the basis of evaluation.
For purposes of this Article, urban areas are deemed
to include chartered cities and municipalities whose
annual income at least equals that legally required
for chartered cities. All others are deemed to be
rural areas.
BENEFICIARIES OF THE FAMILY HOME:
Art. 154. The beneficiaries of a family home are:
(1) The husband and wife, or an unmarried person
who is the head of a family; and
(2) 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.
Can the family home be sold, donated or
encumbered?
- YES provided there is consent of the majority
of those who are living in the family home
(minor-through guardian/legal
representative)
IF there is a minor beneficiary living/staying in the
family home, can it be sold/ partitioned/alienated?
- NO; even if there is death of the one who
constituted the family home
- PERIOD: alienate, sell or partition if there is
death of the person who constituted the
family home
- Within 10 years from the death
- Longer period as long as there is a
minor beneficiary
- Requisites:
1. Minor beneficiary is
residing in the family
home; and
2. Fully dependent on
the head of the
family for legal
support
NOTE: PATRICIO V DARIO: even if
there is a minor beneficiary living in the family home;
he is no longer dependent in the head of the family;
he is dependent on his father not to the head
PATERNITY AND FILIATION
Paternity; relationship of the father with respect to
the child
Filiation: relationship of the child with respect to the
parents
Art. 163. The filiation of children may be by nature or
by adoption. Natural filiation may be legitimate or
illegitimate.
Filiation may be by nature or fiction of law
BY NATURE:
1. Legitimate
2. Illegitimate
3. legitimated
BY FICTION OF LAW:
- Legal adoption
LEGITIMATE CHILDREN
1. Children conceived/born during the valid
marriage of the parents (ART164)
PROOF OF FILIATION: (ART 172)
- Birth cert recorded in the LCR/final judgment
(public instrument)
- Admission by the father in a public
instrument/ in a hand written instrument
signed by the concerned parent
Absence of the foregoing evidence: shall PROVE:
- Open and continuous possession of status of
legit child
- Ex: secondary documents: baptismal
certificate, school records, receipt of
support etc.
- Other means allowed by the rules of court/
special laws
Significance of Art 172: may also be used by an
illegitimate child
An illegitimate child shall be able to present the
secondary docs (par 2 Art 172) to prove the
recognition and/or acknowledgment of the concerned
parent;DURING THE LIFETIME OF THE CONCERNED
PARENT
- Due process on the part of the concerned
parent; to contest
RIGHTS OF A LEGITIMATE CHILD
1. Shall bear the surname of the father
a. NOTE: REVILLA LAW: illegit children
may use the surname of the father
but GR: use the surname of the
mother
2. Demand support from parents; brothers/
sisters / ascendants
3. Successional rights; legitime; also free
portion
ILLEGITIMATE CHILDREN
Art. 165. Children conceived and born outside a valid
marriage are illegitimate, unless otherwise provided
in this Code.
RIGHTS OF AN ILLEGITIMATE CHILD
1. Bear the surname of the father; if the father
has voluntarily acknowledged or recognized
the child; in a public document; executed a
handwritten instrument signed by the father
(no need for court proceeding for the
recognition)
2. Demand support from parents;
3. Successional rights: legitime; ½ of the share
of the legit child
WHO CAN IMPUGN THE LEGITIMACY OF THE CHILD
GR: the father: allowed under the FC
In proper cases; (ART 171)
- The heirs of the father
a. Father died; before the expiration of
the period fixed by law
i. Periods fixed by law: (ART
170)
1. (1) one year upon the
time of the birth; or
the recording of the
birth;if the father or
the heirs are residing
in the same city or
municipality where
such birth or
recording took place
2. (2) two years ; if the
father or the heirs
are still living in the
PH BUT not in the
same city, province
or municipality where
the birth or recording
took place
3. (3) three years where
the father or heirs
are living abroad
4. CONCEALMENT to the
father or heirs: longer
period upon the
knowledge of the
father or heirs (1,2 or
3years) (ART 170)
b. Father should die after the filing of
the complaint without having
desisted therefrom;
c. child was born after the death of the
husband
***REASON that father may not want to impugn the
legitimacy and may want to own the child: father
does not want to be embarrassed and ridiculed in the
community
(ART 166)GROUNDS TO IMPUGN THE LEGITIMACY OF
THE CHILD
1. Physical impossibility for the husband to have
sexual intercourse with his wife; within first
120 days of the 300 days immediately
preceding the birth of the child
2. Physical incapacity of the husband to have
sexual intercourse with his wife
3. h&w live separately; sexual intercourse is
impossible
4. Serious illness of the husband; absolutely
prevented sexual intercourse
5. Proved that for biological or other scientific
reasons, the child could not have been that of
the husband except Art 164 par 2 (AI)
6. Children conceived through (AI) artificial
insemination; written auth or ratification was
obtained through mistake, fraud, violence,
intimidation or undue influence
***attached to the Birth cert of child and registered in
LCR: if auth and or ratified in writing
***Vices of consent in ART INSEM:
- Mistake, fraud, violence, intimidation or
undue influence
Who may claim legitimacy: (ART 173)
- The child may claim his own legitimate
filiation
Period:
- During the lifetime of the child
*** Action will survive even the parent or the child
dies
- However, if the child dies:
- During minority/state of insanity: can
be continued by the heirs of the child
- Period of 5 years within which to
institute the action from the death of
the child
*** heirs may only continue the action; but it should
be the child who initiated the action for legitimacy
***if not initiated; and child died; heirs cannot
continue what has not been started
DISTINGUISH LEGITIMATE FROM LEGITIMATED CHILD
LEGITIMATED:
- child born out of wedlock (illegitimate);
parents have no legal impediment to marry
each other; parents subsequently married
each other (ART 177)
LEGITIMATE:
- Child conceived/ born during a valid marriage
Procedure:
1. Execute an affidavit or deed of legitimation
at the LCR:
a. Content:
i. Birth cert of child (birth
happened before marriage)
ii. Marriage certificate (comes
later after the birth)
iii. No legal impediment
b. When the only defect is the MINORITY
of the PARENTS- below 18: child can
be legitimated when parents got
married 18 or above (RA 9858)
 ***if the at the time of the conception of the child
there was a legal impediment: the parents cannot
have the child legitimated
LEGITIMATED CHILDREN HAVE THE SAME RIGHTS AND
PRIVILEGES LIKE A LEGITIMATE CHILD***
ADOPTION
RA 8552 Domestic Adoption Act
Section 7. Who May Adopt. – The following may
adopt:
(a) Any Filipino citizen of legal age, in possession of
full civil capacity and legal rights, of good moral
character, has not been convicted of any crime
involving moral turpitude, emotionally and
psychologically capable of caring for children, at
least sixteen (16) years older than the adoptee, and
who is in a position to support and care for his/her
children in keeping with the means of the family. The
requirement of sixteen (16) year difference
between the age of the adopter and adoptee may
be waived when the adopter is the biological
parent of the adoptee, or is the spouse of the
adoptee's parent;
(b) Any alien possessing the same qualifications as
above stated for Filipino nationals: Provided, That
his/her country has diplomatic relations with the
Republic of the Philippines, that he/she has been
living in the Philippines for at least three (3)
continuous years prior to the filing of the application
for adoption and maintains such residence until the
adoption decree is entered, that he/she has been
certified by his/her diplomatic or consular office or
any appropriate government agency that he/she has
the legal capacity to adopt in his/her country, and
that his/her government allows the adoptee to enter
his/her country as his/her adopted son/daughter:
Provided, Further, That the requirements on
residency and certification of the alien's qualification
to adopt in his/her country may be waived for the
following:
(i) a former Filipino citizen who seeks to adopt a
relative within the fourth (4th) degree of
consanguinity or affinity; or
(ii) one who seeks to adopt the legitimate
son/daughter of his/her Filipino spouse; or
(iii) one who is married to a Filipino citizen and seeks
to adopt jointly with his/her spouse a relative within
the fourth (4th) degree of consanguinity or affinity of
the Filipino spouse; or
(c) The guardian with respect to the ward after the
termination of the guardianship and clearance of
his/her financial accountabilities.
Husband and wife shall jointly adopt, except in the
following cases:
(i) if one spouse seeks to adopt the legitimate
son/daughter of the other; or
(ii) if one spouse seeks to adopt his/her own
illegitimate son/daughter: Provided, However, that
the other spouse has signified his/her consent
thereto; or
(iii) if the spouses are legally separated from each
other.
In case husband and wife jointly adopt, or one spouse
adopts the illegitimate son/daughter of the other,
joint parental authority shall be exercised by the
spouses.
Section 8. Who May Be Adopted. – The following
may be adopted:
(a) Any person below eighteen (18) years of age who
has been administratively or judicially declared
available for adoption;
(b) The legitimate son/daughter of one spouse by the
other spouse;
(c) An illegitimate son/daughter by a qualified
adopter to improve his/her status to that of
legitimacy;
(d) A person of legal age if, prior to the adoption,
said person has been consistently considered and
treated by the adopter(s) as his/her own child since
minority;
(e) A child whose adoption has been previously
rescinded; or
(f) A child whose biological or adoptive parent(s) has
died: Provided, That no proceedings shall be initiated
within six (6) months from the time of death of said
parent(s).
*** an adoptee whose adoption has been rescinded
may also be adopted
GR: child must come from DSWD
EFFECT OF LEGAL ADOPTION DECREE:
Section 16. Parental Authority. – Except in cases
where the biological parent is the spouse of the
adopter, all legal ties between the biological
parent(s) and the adoptee shall be severed and the
same shall then be vested on the adopter(s).
Section 17. Legitimacy. – The adoptee shall be
considered the legitimate son/daughter of the
adopter(s) for all intents and purposes and as such is
entitled to all the rights and obligations provided by
law to legitimate sons/daughters born to them
without discrimination of any kind. To this end, the
adoptee is entitled to love, guidance, and support in
keeping with the means of the family.
Section 18. Succession. – In legal and intestate
succession, the adopter(s) and the adoptee shall have
reciprocal rights of succession without distinction
from legitimate filiation. However, if the adoptee
and his/her biological parent(s) had left a will, the
law on testamentary succession shall govern.
***entitled for support, love and care from adopter
***INTESTATE SUCCESSION: reciprocal succession
under RA8552
RESCISSION: ADOPTION
Section 19. Grounds for Rescission of Adoption. –
Upon petition of the adoptee, with the assistance of
the Department if a minor or if over eighteen (18)
years of age but is incapacitated, as
guardian/counsel, the adoption may be rescinded on
any of the following grounds committed by the
adopter(s): (a) repeated physical and verbal
maltreatment by the adopter(s) despite having
undergone counseling; (b) attempt on the life of the
adoptee; (c) sexual assault or violence; or (d)
abandonment and failure to comply with parental
obligations.
Adoption, being in the best interest of the child, shall
not be subject to rescission by the adopter(s).
However, the adopter(s) may disinherit the adoptee
for causes provided in Article 919 of the Civil Code.
Section 20. Effects of Rescission. – If the petition is
granted, the parental authority of the adoptee's
biological parent(s), if known, or the legal custody of
the Department shall be restored if the adoptee is
still a minor or incapacitated. The reciprocal rights
and obligations of the adopter(s) and the adoptee to
each other shall be extinguished.
The court shall order the Civil Registrar to cancel the
amended certificate of birth of the adoptee and
restore his/her original birth certificate.
Succession rights shall revert to its status prior to
adoption, but only as of the date of judgment of
judicial rescission. Vested rights acquired prior to
judicial rescission shall be respected.
INTER-COUNTRY ACT OF 1995
RA 8043
*** a foreigner may choose: to use the inter-country
act and not the domestic adoption law
***intercountry act: procedure is done outside PH:
from filing of the petition until adoption decree is
granted by the court
Sec. 5. Composition of the Board. — The Board shall
be composed of the Secretary of the Department as
ex officio Chairman, and six (6) other members to be
appointed by the President for a nonrenewable term
of six (6) years: Provided, That there shall be
appointed one (1) psychiatrist or psychologist, two (2)
lawyers who shall have at least the qualifications of a
regional trial court judge, one (1) registered social
worker and two (2) representatives from non-
governmental organizations engaged in child-caring
and placement activities.
Sec. 9. Who May Adopt. — An alien or a Filipino
citizen permanently residing abroad may file an
application for inter-country adoption of a Filipino
child if he/she:
(a) is at least twenty-seven (27) years of age
and at least sixteen (16) years older than the child to
be adopted, at the time of application unless the
adopter is the parent by nature of the child to be
adopted or the spouse of such parent:
(b) if married, his/her spouse must jointly file
for the adoption;
(c) has the capacity to act and assume all
rights and responsibilities of parental authority under
his national laws, and has undergone the appropriate
counseling from an accredited counselor in his/her
country;
(d) has not been convicted of a crime
involving moral turpitude;
(e) is eligible to adopt under his/her national
law;
(f) is in a position to provide the proper care
and support and to give the necessary moral values
and example to all his children, including the child to
be adopted;
(g) agrees to uphold the basic rights of the
child as embodied under Philippine laws, the U.N.
Convention on the Rights of the Child, and to abide
by the rules and regulations issued to implement the
provisions of this Act;
(h) comes from a country with whom the
Philippines has diplomatic relations and whose
government maintains a similarly authorized and
accredited agency and that adoption is allowed under
his/her national laws; and
(i) possesses all the qualifications and none of
the disqualifications provided herein and in other
applicable Philippine laws.
Supervised Trial Custody. – No petition for adoption
shall be finally granted until the adopter(s) has been
given by the court a supervised trial custody period
for at least six (6) months within which the parties
are expected to adjust psychologically and
emotionally to each other and establish a bonding
relationship. During said period, temporary parental
authority shall be vested in the adopter(s).
The court may motu proprio or upon motion of any
party reduce the trial period if it finds the same to be
in the best interest of the adoptee, stating the
reasons for the reduction of the period. However, for
alien adopter(s), he/she must complete the six
(6)-month trial custody except for those enumerated
in Sec. 7 (b) (i) (ii) (iii).
If the child is below seven (7) years of age and is
placed with the prospective adopter(s) through a
pre-adoption placement authority issued by the
Department, the prospective adopter(s) shall enjoy
all the benefits to which biological parent(s) is
entitled from the date the adoptee is placed with the
prospective adopter(s).
SUPPORT
Art. 194. Support comprises everything indispensable
for sustenance, dwelling, clothing, medical

attendance, education and transportation, in keeping
with the financial capacity of the family.
The education of the person entitled to be supported
referred to in the preceding paragraph shall include
his schooling or training for some profession, trade or
vocation, even beyond the age of majority.
Transportation shall include expenses in going to and
from school, or to and from place of work.
THE FF: ARE OBLIGED TO SUPPORT EACH OTHER:
Art. 105.
(1) The spouses;
(2) Legitimate ascendants and descendants;
(3) Parents and their legitimate children and the
legitimate and illegitimate children of the latter;
(4) Parents and their illegitimate children and the
legitimate and illegitimate children of the latter; and
(5) Legitimate brothers and sisters, whether of full or
half-blood
**illegit bros and sis not included in the list but may
be entitled
Art. 199. Whenever two or more persons are obliged
to give support, the liability shall devolve upon the
following persons in the order herein provided:
(1) The spouse;
(2) The descendants in the nearest degree;
(3) The ascendants in the nearest degree; and
(4) The brothers and sisters.
Art. 201. The amount of support, in the cases
referred to in Articles 195 and 196, shall be in
proportion to the resources or means of the giver and
to the necessities of the recipient.
***must prove that the giver has enough resources or
means to give support
What needs to show as proof:
-payslip
- statement of account of business
Necessities of the Recipient:
-needs to be proved (tuition, medical etc)
Art. 202. Support in the cases referred to in the
preceding article shall be reduced or increased
proportionately, according to the reduction or
increase of the necessities of the recipient and the
resources or means of the person obliged to furnish
the same.
PARENTAL AUTHORITY:
- Some total of all the obligations of the
parents towards their children
GR: Parental authority; may not be renounced or
even transferred momentarily
XPN: in cases authorized by law:
1. Adoption;
2. Guardianship
3. Orphanages or child rearing institutions
2
0
GR: the father and the mother jointly exercise
parental authority over their common children
- In case of disagreement; the father’s decision
will prevail
- Unless there is judicial decision to the
contrary
Art. 212. In case of absence or death of either
parent, the parent present shall continue exercising
parental authority. The remarriage of the surviving
parent shall not affect the parental authority over
the children, unless the court appoints another
person to be the guardian of the person or property
of the children. (n)
***second H or W will not exercise parental authority
to the child of the first marriage: REASON he or she is
not the parent of the common child;
- to exercise parental authority;legally adopt
the children; will allow them to exercise
parental authority
Art. 213. In case of separation of the parents,
parental authority shall be exercised by the parent
designated by the Court. The Court shall take into
account all relevant considerations, especially the
choice of the child over seven years of age, unless
the parent chosen is unfit. (n)
***usually the innocent spouse will be allowed by the
court to exercise parental authority
- If the child is less than 7
- GR: the custody and parental authority is
vested to the mother; unless the court finds
compelling reason to deprive the mother
- Ex. reasons of denial of parental
custody/parental authority
- Drug addiction, habitual alcoholism,
insanity, communicable disease (take
note of the best interest of the child)
Art. 214. In case of death, absence or unsuitability
of the parents, substitute parental authority shall
be exercised by the surviving grandparent. In case
several survive, the one designated by the court,
taking into account the same consideration
mentioned in the preceding article, shall exercise the
authority.
Art. 215. No descendant shall be compelled, in a
criminal case, to testify against his parents and
grandparents, except when such testimony is
indispensable in a crime against the descendant or by
one parent against the other.
*** if the descendant volunteers to testify against his
own parents; they are allowed.
- XPN: may be compelled to testify against the
ascendant if acts are directed against the
child (abusing/molesting the child; sexual
acts are done privately, no witness; the
testimony of the child is indispensable to the
ends of justice)
 - May also be compelled to testify against
another parent/ grand if the offense is done
against the other parent/grand
Parental Authority over
FOUNDLINGS/ABANDONED/NEGLECTED/ABUSED
Children
- The head of ORPHANAGES or CHILD REARING
INSTITUTION accredited by the proper govt
agency
- Not automatic; shall undergo SUMMARY
JUDICIAL PROCEEDINGS FC
SUBSTITUTE PARENTAL AUTHORITY
- Both parents are absent/ dead
Art. 216. In default of parents or a judicially
appointed guardian, the following person shall
exercise substitute parental authority over the child
in the order indicated:
(1) The surviving grandparent, as provided in Art.
214;
(2) The oldest brother or sister, over twenty-one
years of age, unless unfit or disqualified; and
(3) The child's actual custodian, over twenty-one
years of age, unless unfit or disqualified.
Whenever the appointment or a judicial guardian
over the property of the child becomes necessary,
the same order of preference shall be observed.
SPECIAL PARENTAL AUTHORITY
Art. 218. The school, its administrators and
teachers, or the individual, entity or institution
engaged in child are shall have special parental
authority and responsibility over the minor child
while under their supervision, instruction or custody.
Authority and responsibility shall apply to all
authorized activities whether inside or outside the
premises of the school, entity or institution.
***even those who are of legal age
Art. 129. Those given the authority and responsibility
under the preceding Article shall be principally and
solidarily liable for damages caused by the acts or
omissions of the unemancipated minor. The parents,
judicial guardians or the persons exercising
substitute parental authority over said minor shall
be subsidiarily liable.
The respective liabilities of those referred to in the
preceding paragraph shall not apply if it is proved
that they exercised the proper diligence required
under the particular circumstances.
All other cases not covered by this and the preceding
articles shall be governed by the provisions of the
Civil Code on quasi-delicts.
DEFENSES;
- If it can be proved that one has exercised
ordinary diligence of a good father of the
family
Art. 223. The parents or, in their absence or
incapacity, the individual, entity or institution
exercising parental authority, may petition the
proper court of the place where the child resides,
for an order providing for disciplinary measures over
the child. The child shall be entitled to the assistance
of counsel, either of his choice or appointed by the
court, and a summary hearing shall be conducted
wherein the petitioner and the child shall be heard.
However, if in the same proceeding the court finds
the petitioner at fault, irrespective of the merits of
the petition, or when the circumstances so warrant,
the court may also order the deprivation or
suspension of parental authority or adopt such other
measures as it may deem just and proper.
Art. 225. The father and the mother shall jointly
exercise legal guardianship over the property of the
unemancipated common child without the necessity
of a court appointment. In case of disagreement, the
father's decision shall prevail, unless there is a
judicial order to the contrary.
Where the market value of the property or the annual
income of the child exceeds P50,000, the parent
concerned shall be required to furnish a bond in
such amount as the court may determine, but not less
than ten per centum (10%) of the value of the
property or annual income, to guarantee the
performance of the obligations prescribed for general
guardians.
A verified petition for approval of the bond shall be
filed in the proper court of the place where the child
resides, or, if the child resides in a foreign country,
in the proper court of the place where the property
or any part thereof is situated.
The petition shall be docketed as a summary special
proceeding in which all incidents and issues regarding
the performance of the obligations referred to in the
second paragraph of this Article shall be heard and
resolved.
The ordinary rules on guardianship shall be merely
suppletory except when the child is under substitute
parental authority, or the guardian is a stranger, or a
parent has remarried, in which case the ordinary
rules on guardianship shall apply.
SUSPENSION OR TERMINATION OF PARENTAL
AUTHORITY
Art. 228. Parental authority terminates permanently:
(1) Upon the death of the parents;
(2) Upon the death of the child; or
(3) Upon emancipation of the child.
rt. 229. Unless subsequently revived by a final
judgment, parental authority also terminates:
(1) Upon adoption of the child;
(2) Upon appointment of a general guardian;
(3) Upon judicial declaration of abandonment of the
child in a case filed for the purpose;
(4) Upon final judgment of a competent court
divesting the party concerned of parental authority;
or
(5) Upon judicial declaration of absence or incapacity
of the person exercising parental authority.
When parental authority may be suspended:
Art. 230. Parental authority is suspended upon
conviction of the parent or the person exercising the
same of a crime which carries with it the penalty of
civil interdiction (accessory penalty). The authority is
automatically reinstated upon service of the penalty
or upon pardon or amnesty of the offender.
***parental authority will be automatically reinstated
upon service of penalty or upon pardon or amnesty of
the offender
Art. 231. The court in an action filed for the purpose
in a related case may also suspend parental authority
if the parent or the person exercising the same:
(1) Treats the child with excessive harshness or
cruelty;
(2) Gives the child corrupting orders, counsel or
example;
(3) Compels the child to beg; or
(4) Subjects the child or allows him to be subjected
to acts of lasciviousness.
The grounds enumerated above are deemed to
include cases which have resulted from culpable
negligence of the parent or the person exercising
parental authority.
If the degree of seriousness so warrants, or the
welfare of the child so demands, the court shall
deprive the guilty party of parental authority or
adopt such other measures as may be proper under
the circumstances.
The suspension or deprivation may be revoked and
the parental authority revived in a case filed for
the purpose or in the same proceeding if the court
finds that the cause therefor has ceased and will
not be repeated.
Permanent Deprivation: Parental Authority
Art. 232. If the person exercising parental authority
has subjected the child or allowed him to be
subjected to sexual abuse, such person shall be
permanently deprived by the court of such authority.
SUMMARY JUDICIAL PROCEEDINGS
ART 41: Declaration of Presumptive Death
ELement:
1. There is absence for 2/4 continuous years
2. Present spouse has a well founded belief that
the absentee spouse is dead
ART 51: Delivery of Presumptive Legitime to the
Legitimate Children
Requisite:
- There is dec. of nullity of marriage/
annulment
***court: for the delivery of the presumptive legitime
ART 69:
GR: H&W shall fix the family domicile
- Disagreement; Court will determine
ART 73:
GR: any of the spouses can exercise a legitimate
business, profession even without the consent of the
other spouse
XPN: when there is objection from the other spouse
on valid, serious and moral grounds
***court: to determine the objection is proper; and if
the benefit accrued to the family before the
objection
- If the benefit accrued before the objection;
ACP/CPG liable
- If after: separate property of the spouse who
did not obtain consent will be liable
ART: 96 Administration of the ACP
ART124: Administration of the CPG
ART 217: Parental Authority over the Foundlings,
Abandoned, Neglected and Abused
- To transfer to the heads of the orphanage;
court needed
ART 223: Disciplinary measures over the child
ART 225: Judicial Bond over the property of the child
- Determined by the court but not less than
10% of the annual income of the child
ART 239: Need for Judicial Authorization because the
SPS are separated de facto
- One of the sps has left the conjugal home;
hence abandonment; for 3 months and no
intent to return to the conjugal dwelling
- To authorize: the properties that may be
encumbered or sold
IMPORTANCE OF THE SUMMARY JUDICIAL
PROCEEDING:
- Not a trial type
- Submit docs, contracts or deeds that need to
be allowed, granted or judicially authorized
by the court
- Affidavits of the witnesses; to appear in court
to confirm
- DECISION IS IMMEDIATELY FINAL AND
EXECUTORY ART 247
- Appeal is not allowed
- If aggrieved by the lower court:
REMEDY Rule 65 to CA
 - If denied: to SC Rule 45
- Family Court/RTC
USE OF SURNAMES:
Surnames that may be used by a the subject of an action for damages and other relief.
legitimate/legitimated Child:
- Surname of the father
Illegitimate Child:
GR: surname of the mother
XPN: under REVILLA LAW; may use surname of the
father; provided the father has voluntarily recognized
the child
Legally Adopted:
- Use the surname of the adopter
MARRIED WOMAN:
Art. 370.NCC: A married woman may use:
(1) Her maiden first name and surname and add her
husband's surname, or
(2) Her maiden first name and her husband's surname
or
(3) Her husband's full name, but prefixing a word
indicating that she is his wife, such as "Mrs."
When there’s annulment of marriage:
Art. 371. In case of annulment of marriage, and the
wife is the guilty party, she shall resume her maiden
name and surname. If she is the innocent spouse, she
may resume her maiden name and surname.
However, she may choose to continue employing
her former husband's surname, unless:
(1) The court decrees otherwise, or
(2) She or the former husband is married again to
another person.
DEATH of the HUSBAND
Art. 373. A widow may use the deceased husband's
surname as though he were still living, in accordance
with Article 370
- Should include VDA de
- May also revert to maiden surname
LEGAL SEPARATION
Art. 372. When legal separation has been granted,
the wife shall continue using her name and
surname employed before the legal separation.
Art. 374. In case of identity of names and surnames,
the younger person shall be obliged to use such
additional name or surname as will avoid confusion.
Art. 375. In case of identity of names and surnames
between ascendants and descendants, the word
"Junior" can be used only by a son. Grandsons and
other direct male descendants shall either:
(1) Add a middle name or the mother's surname, or
(2) Add the Roman Numerals II, III, and so on.
Art. 376. No person can change his name or surname
without judicial authority.
Art. 377. Usurpation of a name and surname may be
- If only as a screen name/pen name may be
allowed; provided; is not for the purpose
which is criminal in nature
Art. 378. The unauthorized or unlawful use of another
person's surname gives a right of action to the latter.
Art. 379. The employment of pen names or stage
names is permitted, provided it is done in good faith
and there is no injury to third persons. Pen names
and stage names cannot be usurped.
Art. 380. Except as provided in the preceding article,
no person shall use different names and surnames.
***Roman number: descendant
Junior: son
CHANGE OF NAME:
GR: not allowed without judicial action
- However, under the CLERICAL ERROR LAW
(Cayetano Law) :
- Sec 2 RA 9048, a “clerical or typographical
error” refers to a mistake committed in the
performance of clerical work in writing,
copying, transcribing or typing an entry in the
civil register that is harmless and innocuous,
such as misspelled name or misspelled place
of birth, mistake in the entry of day and
month in the date of birth or the sex of the
person or the like, which is visible to the eyes
or obvious to the understanding, and can be
corrected or changed only by reference to
other existing record or records: Provided,
however, That no correction must involve the
change of nationality, age, or status of the
petitioner.
- Change of name shall only pertain to
the first name or nickname NOT the
surname; only a correction of clerical
error
- Must be proved that it is only
clerical
- Go to LCR: administrative: not
citizenship, nor birthdate
Sec 4 RA 9048 GROUNDS to be allowed to change
First name:
1. name is ridiculous
2. Name is tainted with dishonor
3. Extremely difficult to write or
pronounce
4. To avoid confusion
5. Habitually using a different name