PERSONS

PRELIMINARY TITLE • these must be specially alleged and proved

————————————————————————————————- • if not properly pleaded and proved, the courts shall presume
that the foreign law is the same as our local or domestic law
EFFECT AND APPLICATION OF LAWS (aka doctrine of processual presumption or presumed-identity
approach)
INTRODUCTORY CONCEPTS
PROSPECTIVE APPLICATION
De nition (Civil Law)
• laws are generally construed as having only such operation
• mass of precepts (lex prospicit, non respicit)
• determine and regulate relations of assistance, authority, and
obedience among members of a family XPNs:
• and those w/c exist among members of society for the • when law itself provides for retroactivity (unless such will
protection of private interests make it an ex post facto law, or result in the impairment of
obligation of contracts)
• penal law is favorable to accused, unless convicted felon is a
Civil Law System Common Law habitual delinquent
System • when law is remedial or procedural in nature
• when law is curative in character
As to Governance codal, statutory and basically derived • when law creates new substantive rights (if it has not
written law;
from case law prejudiced another acquired right of the same origin)
additionally derived
from case law
ACTS EXECUTED AGAINST MANDATORY OR PROHIBITORY
As to Trend now relying more now codifying laws LAWS
and more on more and more
decisions of courts • void
explaining laws
XPNs:
• law itself authorizes validity of act
EFFECTIVITY OF LAWS
• law makes act valid but punishes the violator
• law makes act voidable
When Law Becomes E ective
• law declares act void but recognizes legal e ects as arising
from it
• after 15 days following completion of publication either in OG
or NGC in PH (if law does not provide for its own e ectivity)
WAIVER OF RIGHTS
• on said date of e ectivity, subject to publication (if law
provides for own e ectivity date)
De nition
• e ectively immediately upon publication (states “shall take
e ect immediately upon approval”)
• voluntary and intentional relinquishment/abandonment of a
known existing legal right, advantage, bene t, claim or
Requirement of Publication
privilege
• voluntary abandonment/surrender, by a capable person, of a
• rule is that such is indispensable, so law does not become
right known by him to exist
e ective w/o it
• such conduct as warrants an inference of the relinquishment
• all laws, whether of local or general application, are required
of such right
to be published as a condition for e ectivity
• intentional doing of act inconsistent w/ claiming it
PRESUMPTION OF KNOWLEDGE OF LAWS
Requisites
• everyone is conclusively presumed to know
• he must actually have the right
• ignorance thereof excuses no one from its compliance
• he must have the capacity to renounce
• renunciation made in a clear and unequivocal manner
Consequence
• waiver not contrary to law, et al.
• mistake/ignorance generally not a defense
*ignorance of a material fact negates waiver, and waiver cannot
be established by a consent given under a mistake or
XPNs:
misapprehension of fact*
• mistake upon doubtful or di cult question of law
• mutual error re legal e ect of agreement, where real purpose
What Rights may be waived
of parties is frustrated
• payment by reason of mistake in construction/application of
• extends to rights and privileges of any character
doubtful or di cult question of law
• general rule is that a person may waive any matter w/c a ects
his property, and any alienable right or privilege of w/c he is
Presupposes Publication
the owner or w/c belongs to him or w/c he is legally entitled
(provided such rest in the individual and are intended for his
• conclusive presumption is that every person knows law
sole bene t, do not infringe on the rights of others, and that
presupposes publication, for w/o such and prior notice, there
waiver of right or privilege is not forbidden by law)
is no basis for application of the rule on ignorance

Re Foreign Laws?

• n/a

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 PERSONS

REPEAL OF LAWS EFFECT OF DOUBT IN INTERPRETATION/APPLICATION OF

LAWS
Express Implied

Manner contained in a when provisions of

special provision of the subsequent law In case of Doubt must be presumed that the
law are incompatible w/ lawmaking body intended right
those of an earlier and justice to prevail
law and there is no
express repeal If Law is clear judge’s duty is to apply law,
even if application may seem to
Rule not favored; reqs:
be harsh
(i) laws cover the
same subject Resort to Equity in the absence of, and never
matter
against, statutory law or judicial
(ii) latter is rules of procedure
repugnant to the
earlier
CUSTOMS
E ect law rst repealed prior law shall
shall not be thereby thereby be revived, De nition
revived, unless unless repealing law
expressly so provides otherwise • rule of conduct
provided
• formed by repetition of acts
• uniformly observed as a social rule
JUDICIAL DECISIONS • legally binding and obligatory

Part of the Legal System Rules

• SC decisions serve as evidence of what laws mean, although • legally binding and obligatory
not laws in themselves • not subject to judicial notice (must be proved as fact)
• SC’s interpretation of statute forms part of law as of date it
was originally passed due to Court’s construction merely Requisites
establishing the contemporaneous legislative intent that the
interpreted law carries into e ect • plurality of acts, or various resolutions of a juridical question
raised repeatedly in life
Exclusive to SC Decisions • uniformity or identity of acts or various solutions to the
juridical question
• which establish jurisprudence or doctrines • general practice by great mass of social group
• continued performance of these acts for a long period of time
Stare Decisis • general conviction that practice corresponds to juridical
necessity
• point of law already established shall generally be followed • practice not contrary to law, morals or public order
by the same determining court and by all courts of lower rank
in subsequent cases where same legal issue is raised COMPUTATION OF LEGAL PERIOD
• but blind adherence to precedents no longer governs, as it is
the Court’s duty to abandon doctrines found to be violative of Year
the law in force
• 12 calendar months
Obiter Dictum • c/o Admin Code of 1987 (repealing the previous “365 days”
under the Civil Code)
• opinion expressed by a court upon some question of law w/c • calendar month is one “designated in the calendar w/o
is not necessary to the decision of case before it regard to the number of days it may contain”
• made incidentally or collaterally, and not directly upon the
question before him, or upon a point not necessarily involved Month
in the determination of the cause
• not binding as precedent • 30 days
• unless refers to a speci c calendar month (in w/c case it shall
Prospective Application of New Doctrines be computed according to number of days the speci c month
contains)
• new doctrine should be applied prospectively and not apply
to parties who relied on old doctrine and acted thereon in GF Day/Night

EFFECT OF SILENCE, OBSCURITY OR INSUFFICIENCY OF • 24 hours;

LAWS • sunset to sunrise

• judge or court should not decline to render judgment by *rule is that the rst day is excluded, while the last is included*
reason of silence, obscurity or insu ciency of laws
• in criminal prosecutions, judge must dismiss case, if. person is GENERALITY OF PHILIPPINE PENAL LAWS
accused of non-existent crime (nullum crimen, nulla poena
sine lege) • PH penal laws and those of public security and safety are
obligatory upon all who live/sojourn in PH territory

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 PERSONS

XPNs: Rules
• treaty stipulations
• principles of PIL • when acts referred to are executed before diplomatic/
• laws of preferential application consular o cials of the PH in a foreign country, the
solemnities established by PH laws shall be observed in their
Rules execution
• re nature, construction and validity of contracts, lex loci
• heads of state are not subject to PH territorial jurisdiction contractus applies, and may pertain to law voluntarily agreed
• diplomatic reps, ambassadors or public ministers (and their upon by parties or law intended by them (whether E/I)
o cial retinue) possess immunity from the criminal
jurisdiction of the country of their sojourn E F F E C T O F F O R E I G N L AW S , J U D G M E N T S O R
• but a consul is not entitled to privileges and immunities of CONVENTIONS UPON PROHIBITORY LAWS
ambassador/minister
• PH prohibitive laws re persons, their acts or property, and
NATIONALITY PRINCIPLE those w/c have for their object public order, shall not be
rendered ine ective laws/judgments promulgated, or by
• PH laws re family rights and duties, or status, condition and determinations or conventions agreed upon in a foreign
legal capacity of persons, are binding upon citizens of the PH, country
although living abroad
• reckoning point in determining citizenship of divorcing parties Consequences
is their citizenship at time a valid divorce is obtained abroad
• divorce obtained by PH citizen abroad, while valid in country
obtained, is invalid in the PH
Absolute Divorces obtained by Absolute Divorces involving • marriages prohibited under articles 35(1), (4), (5) and (6), 36,
Aliens Filipinos 27, and 38 of the FC remain void even if solemnized abroad
and valid in place where solemnized
aliens may obtained such PH law does not provide for it,
abroad, w/c may be recognized so courts cannot grant it
in the PH SUMMARY OF CONFLICT OF LAWS RULES

provided they are valid since a marriage between 2

according to their national law Filipinos cannot be dissolved Subject Matter Governing Law
even by a divorce obtained
abroad, an absolute divorce
Family Rights and Duties of national law of person
secured by a Filipino married to
Persons concerned
another is not recognized

but, in mixed marriages (Filipino Status and Condition of national law of person
and foreigner) Art. 26 of FC Persons concerned
allows former to contract a
subsequent marriage when Legal Capacity of Persons national law of person
divorce is “valid obtained concerned;

abroad by the alien spouse XPNs:

capacitating him or her to
(i) capacity to succeed from
remarry” law of nation of decedent

decedent, whether testate/

a foreign divorce secured by a Filipino against a foreign spouse is intestate succession;
also considered valid in the PH, even if its the Filipino spouse who (ii) capacity of person making
les for divorce abroad a deed relating to lex loci rei sitae
immovable property, no
matter what nature may be
LEX REI SITAE
Real and Personal Property law of country where situated

• property, real/personal, is subject to the law of the country

where it is situated XPNs (re succession):
• principle includes all rules governing the descent, alienation (i) order of succession;
and transfer of immovable property and the validity, e ect (ii) amount of successional
and construction of wills and other conveyances national law of the person
rights; whose succession is under
• also governs capacity of person making a deed relating to (iii) intrinsic validity of consideration
immovable property, no matter what its nature may be testamentary provisions
(wills);
XPNs (all determined by person’s national law): (iv) capacity to succeed from
• order of succession; decedent
• amount of successional rights;
• intrinsic validity of testamentary provisions; Formalities/Solemnities of law of country in w/c they are
• capacity to succeed from decedent Contracts, Wills and Public executed
Instruments
LEX LOCI CELEBRATIONIS
Intrinsic Validity of Contracts, law voluntarily agreed upon by
• forms and solemnities of contracts, wills and other public its Nature and Construction the parties or the law intended
instruments, shall be governed by the laws of the country in by them, either E/I
w/c they are executed

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 PERSONS

HUMAN RELATIONS Requisites

NORM OF HUMAN CONDUCT • defendant has been enriched

• plainti has su ered a loss
• every person must, in exercise of his rights and in • enrichment of former is w/o just or legal ground
performance of his duties, act w/ justice, give everyone his • plainti has no other action based on contract, quasi-contact,
due, and observe honesty and GF crime or quasi-delict

Sanctions
AIRM Solutio Indebitii
*if rule of conduct under article 19 is violated, then the remedy
is an action for damages, either under article 20 or 21* merely an auxiliary action, a quasi-contract w/c arises
available only when there is no when delivery is by reason of
• anyone who, contrary to law, willfully or negligently, causes other remedy on contract, mistake
damage to another, shall indemnify the latter for damages quasi-contract, crime or quasi-
• anyone who willfully causes loss or injury to another in a delict
manner contrary to morals, good customs or public policy
not necessary that there exists mistake is an essential element
shall compensate the latter for the damage mistake in payment

Damnum Absque Injuria

LIABILITY FOR DAMAGES UNDER ARTICLE 27
• proper exercise of a lawful right cannot constitute a legal
wrong for w/c an action will lie (although the act may result in Requisites for Recovery
damage to another), for no legal right has been invaded
• damage w/o injury is NOT actionable • defendant is a public o cial charged w/ performance of
o cial duties
Abuse of Rights • there is a violation of an o cial duty in favor of an individual
• there is willfulness or negligence in violation of such duty
• there is a legal right or duty; • there is injury to an individual
• exercised in BF; and
• for the sole intent of prejudicing or injuring another *article 27 presupposes that the refusal/omission of a public
o cial is attributable to malice or inexcusable negligence*
BREACH OF PROMISE TO MARRY
UNFAIR COMPETITION UNDER ARTICLE 28
• not an actionable wrong
Concept
When there is Seduction
• broader than those under IP laws, as it includes even cases of
• article 21 is now applicable discovery of trade secrets, bribery of employees,
• connotes deceit, enticement, superior power or abuse of misrepresentation of every kind, interference w/ ful llment of
con dence from the abuser to the woman competitor’s contracts, or any malicious interference w/
• there must, to constitute seduction, be some su cient latter’s business
promise or inducement in all cases, and the woman must • the use of unjust, oppressive or high-handed methods w/c
yield because of these may deprive others of a fair chance to engage in business or
• but in no case is there seduction when the woman voluntarily earn a living is what is being prevented
gave herself to the man due to lave and mutual passion/lust
Requisites
Examples:
• ingenious scheme or trickery to make her fall in love with him • involves injury to competitor or trade rival
• subtle scheme or deceptive devise to sexually entice • involves acts characterized as contrary to good conscience,
or shocking to judicial sensibilities, or otherwise unlawful
Cases not merely for Breach of Promise to Marry
CIVIL LIABILITY ARISING FROM CRIME (DELICT)
• when bride and groom went thru all wedding preparations
but 2 days prior the latter walked out, making him liable for Basis of Liability
damages under article 21
• when plainti actually incurred expenses for the wedding and • every person criminally liable for a felony is also civilly liable
the necessary incidents thereof, the plainti has the right to • criminal liability only gives rise to civil liability if the same
recover money/property advanced by him or her upon the felonious act or omission results in damage or injury to
faith of such promise another, and is the direct and proximate cause thereof

ACCION IN REM VERSO E ect of Acquittal on Civil Liability

Concept
Accused is not Author of Act/
Omission complained of
• action for recovery of what’s been paid or delivered w/o just
cause or legal ground no civil liability ex delicto (as
• meant to prevent unjust enrichment contemplated in sec. 2 of Rule
111)
Acquittal based on
Reasonable Doubt
not exempt from civil liability ex
delicto (w/c may be proved by
preponderance of evidence only)

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 PERSONS

Accused is not Author of Act/ Acquittal based on
Omission complained of Reasonable Doubt
applicable only to civil action situation contemplated in art.
arising from crime or ex delicto 29, where civil action for
damages is “for same act/
omission”
Elements
• previously instituted civil action involves an issue similar or
intimately related to issue raised in subsequent criminal
action; and
• resolution of issue determines w/n criminal action may
proceed

SC held that court may acquire Reminders

accused based on reasonable
doubt on his guilt, but at the
same time order him to pay civil
liability based on delict
CIVIL ACTIONS W/C MAY PROCEED INDEPENDENTLY
• PQ means that w/c (i) must precede the criminal action and (ii)
w/c requires a decision before a nal judgment can be
rendered in the criminal action w/ w/c said question is closely
connected
• pending actions must be civil and criminal

Rule re Implied Institution *PQ re Bigamy in Art. 40 of FC from pp. 30-35*

• when a criminal action is instituted, the civil action for

recovery of civil liability arising from o ense charged is
deemed instituted w/ criminal action

XPNs - when o ended party:

• waives civil action
• reserves right to institute separately
• institutes the civil action prior to criminal action

Reminders

• foregoing rule contemplates of a civil action based on delict

• reserved civil action cannot be instituted until nal judgment’s
entered in the criminal action
• if criminal action is led after civil action was already
instituted, the latter shall be suspended until nal judgment
rendered in the former (subject to consolidation)

Independent Civil Actions

• o ended party is allowed to bring such in cases provided for

in articles 32, 33, 34 and 2176
• in such cases, the civil action may proceed independently,
even if act/omission complained of may constitute a felony

Personal Liability of Public O cers, under Article 32

• individual can hold a public o cer personally liable for

damages on account of an act/omission w/c violates a
constitutional right, if it results in a particular wrong/injury to
the former

Defamation, Fraud and Physical Injuries under Article 33

• rst 2 concepts used in their ordinary sense

• “physical injuries” means bodily injury, so it may include
frustrated/attempted homicide or even death
• civil action may proceed independently of the criminal
proceedings even if crime charged is “homicide thru reckless
imprudence”

PREJUDICIDAL QUESTION

Concept

• arises in a case the resolution of w/c is a logical antecedent

of the issue involved therein, and the cognizance of w/c
pertains to another tribunal

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 PERSONS

CIVIL PERSONALITY Age Range E ect of Age

—————————————————————————————————
Below 18 (minor) • cannot contract marriage
GENERAL PROVISIONS (result is a void marriage);

• cannot give valid consent to

CONCEPT contract

• parents and other persons

exercising parental authority
Juridical Capacity Capacity to Act are civilly liable for injuries and
damages caused by acts/
omissions of minor children
tness to be the subject of legal power to do acts w/ legal e ects
living under their parental
relations
authority (BUT when act/
omission is committed while
aptitude to be subject of rights power to give life to juridical
child is under school’s special
and obligations acts or to execute acts w/ legal
parental authority, its admins
e ect
and teachers are primarily
liable for such damages, while
inherent in every natural person not inherent in every person parents et al. are subsidiarily
(not acquired) (acquired) liable)
lost only thru death (in natural lost thru other means/ generally already quali ed and
18 and over
persons) circumstances responsible for all acts of civil
life

cannot be limited or restricted can be limited or restricted by

certain circumstances XPNs:

• in contract of marriage,
RESTRICTIONS AND MODIFICATIONS (CAPACITY TO ACT) parental consent is still
needed if below 21

• if party to marriage is below 21

Overview but at least 18, the person
whose consent is required is
also required to be a party to
Restrictions Modi cations/ the marriage settlement

Limitations • for quasi-delict committed by

Examples minority, insanity,
state of being deaf-
mute, prodigality
and civil interdiction
age, insanity,
imbecility, state of
being a deaf-mute,
penalty, prodigality,
family relations,
alienage, absence,
insolvency and
trusteeship
persons below 21 but at least
18, the father (or mother, in
case of former’s death) is
liable for damages caused by
said person living in their
company
Civil Interdiction; E ects

E ect do not exempt • accessory penalty imposed upon accused sentenced to a

incapacitated principal penalty not < reclusion temporal (12 years + 1 day to
person from certain
20 years)
obligations, when
latter arise from his
acts or from E ects:
property relations • deprivation of rights of parental authority or guardianship
• deprivation of marital authority
• deprivation of right to manage his property
E ects of Age • deprivation of right to dispose of property by any act or
conveyance inter vivos
Age Range E ect of Age
NATURAL PERSONS
15 or under exempt from criminal liability,
but not from civil liability
CIVIL PERSONALITY

> 15 but < 18 exempt from criminal liability Kinds

(XPN: acted w/ discernment)
and civil liability • natural
• juridical

Civil Personality

Concept

• aptitude of being subject of rights and obligations

• synonymous w/ juridical capacity

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 PERSONS

When it begins Art. 43, NCC Rule 131, sec. 3(jj)

• upon birth, either after (i) complete delivery from mother’s

womb or (ii) cutting of umbilical cord Rule(s) (i) whoever alleges (i) if both < 15,
• child considered alive, even for a few hours, if it had an intra- death of one older is deemed
uterine life of at least 7 months prior to other, survivor

shall prove the (ii) if both > 60,

• child is alive for at least 24 hours, if it had an intra-uterine life same
younger is
of < 7 months (ii) in absence of deemed survivor

proof, they shall (iii) if one < 15 and

Provisional Personality of conceived Child be presumed to other > 60, the
have died at the former is
• personalty is essentially limited because it is only for same time, and deemed survivor

purposes favorable to the child there is no (iv) if both > 15 but <
transmission of 60, and di erent
rights from one sexes, the male
Consequences of Provisional Personality of conceived Child to the other is deemed
survivor

• right to be donee of simple donations but acceptance shall (v) if one < 15 or >
be made by persons who would legally represent him if he 60 and other bet.
were already born those ages, latter
is deemed the
• right to receive support from progenitors survivor
• nay not be ignored by parents in their testament

Applicability of Articles 40-42 JURIDICAL PERSONS

• applied in relation to article 37 CIVIL PERSONALITY

• no need to establish civil personality of unborn child, if his/her
juridical capacity and capacity to act as a person are not in State and its Political Subdivisions
issue, and case is not whether the unborn child has acquired
any rights or incurred any obligations prior to his/her death • begins as soon as they have been constituted according to
that were passed on to or assumed by child’s parents law

E ect of Death Other Corporations, Institutions and Entities for Public

Interest/Purpose, created by Law
• civil personality’s extinguished
• one need not acquire civil personality rst before he/she • begins as soon as they have been constituted according to
could die law
• if unborn already has life, then cessation thereof even prior to
the child being delivered, quali es as death Private Corporations

PRESUMPTIONS ON SURVIVORSHIP • deemed incorporated from date the SEC issues a certi cate
of incorporation under its o cial seal
Art. 43, NCC Rule 131, sec. 3(jj) Partnerships

Applicability when question of when there is no Requisites for Juridical Personality

survivorship involves question of
persons “who are succession or when • 2 or more persons bind themselves to contribute money,
called upon to persons involved are property or industry to a common fund; and
succeed each other” not called to
and when there is succeed each other
• intention on the part of partners to divide pro ts among
question of
themselves
succession
*when immovable or real rights are contributed, an inventory of
Requisites (i) no proof as to w/ (i) there is no proof said properties signed by the parties and attached to the public
c of 2 persons as to w/c of 2 instrument is required, otherwise, the partnership is void*
died rst; and
persons died
(ii) they are called to rst; and
Sole Proprietorships
succeed each (ii) they perish in the
other same calamity,
such as wreck, • does not possess such personality
battle or • BUT NOTE: update in Corporation Code re sole corporations
con agration

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 PERSONS

MARRIAGE REQUISITES FOR VALID MARRIAGE

—————————————————————————————————
Essential Formal
• Family Code became e ective on August 3, 1988

IN GENERAL (i) legal capacity;

(i) authority of solemnizing
(ii) consent o cer;

(ii) valid marriage license;

DUAL CONCEPT (iii) marriage ceremony

As a Contract
EFFECT OF ABSENCE, DEFECT OR IRREGULARITY
• special contract of permanent union bet. man and woman
entered into in accordance w/ law for establishment of
Absence, Defect or Irregularity E ect
conjugal and family life

absence of any essential req marriage is void

Marriage Contract Ordinary Contract

absence of any formal req marriage is void

only 2 persons of opposite sex may be entered into by any

may enter into it, and but 1 such number of persons, whether of XPN: even if solemnizing o cer
contract may exist at the same the same or di erent sex has no authority, the marriage is
time valid if either or both parties
believed in GF that the
nature, consequences and parties free to establish such solemnizing o cer had the legal
incidents of marriage are stipulations, et al. as they may authority to do so
governed by law and not subject deem convenient provided they
to agreement
are not contrary to law, morals, marriage is voidable
defect in consent
good customs, public order or
XPN: w/ respect to property public policy
relations, the parties may x irregularity in any of the formal does not a ect the validity of
same w/in limits provided under marriage, but the party
reqs
FC responsible for the irregularity
shall be civilly, criminally and
cannot be revoked, dissolved or parties may, by mutual administratively liable
otherwise terminated by parties, agreement, terminate an
but only by sovereign power of ordinary contract
the State LEGAL CAPACITY
marriage is not a mere contract, but also a social institution REQUISITES

• male and female

As a Social Institution • at least 18 years of age
• must not be su ering from any legal impediments under
• one in w/c the State is vitally interested in articles 37 and 38 of FC
• from the mandate that State recognizes the sanctity of family
life and of a ording protection to the family, as a basic Sexes of Parties
autonomous social institution
• same-sex marriage not recognized as valid, even if
CONSTITUTIONAL PROVISIONS PROTECTING MARRIAGE solemnized abroad and valid there as such
AND FAMILY • note rulings in Silverio and Cagandahan
• State shall equally protect life of mother and life of the unborn Age of Parties
from conception
• natural and primary right and duty of parents in rearing the • if any party is < 18, the marriage is void even if the same is w/
youth shall receive the support of Gov’t consent of the parents, and even if marriage is solemnized
• State, in recognition of Filipino family as foundation of nation, outside the PH and valid there as such
shall strengthen its solidarity and actively promote its total • minimum age for marriage should be reckoned on date of
development marriage itself
• marriage, an inviolable social institution, is the foundation of
the family and shall be protected by the State Absence of Legal Impediments

PRESUMPTIONS FAVORING MARRIAGE • if parties are su ering from the impediments mentioned in
articles 37 and 38 of FC, then marriage is void
• if a man and a woman deport themselves as husband and
wife, they are presumed (in absence of counter-presumption CONSENT
or evidence special to the case) to be in fact married
• burden of proof to show nullity of marriage, to overcome RULES
presumption in its favor, rests upon the party seeking its
nullity • if there is no consent, there is no marriage
• considered voidable if (i) consent given by party at least 18
but not 21, w/o parental consent, (ii) consent given by party of
unsound mind at time of celebration, and (iii) consent given
but vitiated by fraud, force, intimidation, or undue in uence

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 PERSONS

*marriages entered into for other purposes, such as

Rule E ect of non-
convenience, companionship, money, status, and title, provided
compliance
that they comply w/ all legal requisites, are equally valid*
Publication of application must be issuance prior to
VALID MARRIAGE LICENSE Application for published for 10 completion of period
Issuance of consecutive days, of publication
• if marriage was celebrated w/o marriage license, same is void License
and license shall be renders marriage still
• if marriage license was spurious/fake, marriage is also void issued only after valid
completion of period
• if there is mere irregularity in issuance of marriage license,
of publication
the validity of marriage shall not be a ected, but parties
responsible for the irregularity shall be civilly, criminally and if either/both parties absence of
Req of Certi cate
administratively liable are citizens of a certi cate merely an
of Legal Capacity
• all solemnizing o cer needs to know is that the license has to Contract foreign country, a irregularity in
been issued by the competent o cial, and it may be certi cate of legal complying w/ formal
Marriage
presumed from the issuance of the license that said o cial capacity to contract req of procuring ML
has ful lled the duty to ascertain whether contracting parties marriage must be
ful lled the reqs of law submitted

Req of Certi cate no ML shall issue by absence merely an

RULES RE ISSUANCE AND EFFECTS OF NON-COMPLIANCE the Local Civil irregularity in
of Compliance in
attending Family Registrar, unless the complying w/ formal
applicants present a req of procuring ML
Rule E ect of non- Planning Seminar
Certi cate of
compliance Compliance, issued
for free by the local
Place of Issuance • local civil registrar if obtained Family Planning
of city/ elsewhere, marriage O ce, certifying that
municipality, where is still valid, since they had duly
either contracting this is a mere received adequate
party habitually irregularity in a instructions and
resides (if local);
formal requisite
information on
• o ce of consular responsible
o cials (if abroad) parenthood, family
planning,
Period of E ectivity ML valid only for 120 marriage celebrated breastfeeding and
days from date of after expiry date of infant nutrition
issue, and deemed license is void
cancelled upon
expiration of period DUTY OF LOCAL CIVIL REGISTRAR (LCR), IN CASE THERE IS
IMPEDIMENT
Req of Parental parental consent if license is issued
Consent must be exhibited to notwithstanding • LCR is required to issue mL after completion of 10-day period
local civil registrar absence of parental
where any party is < consent, the
of publication, even if any impediment is known to him or
21 marriage becomes brought to his attention
voidable because of • unless court orders otherwise, at instance of LCR or of any
lack of parental interested party
consent
MARRIAGES EXEMPT FROM LICENSE REQUIREMENT
Req of Parental if any party is bet. 21 if parental advice not
Advice and 25, it is required obtained or not In Articulo Mortis
favorable, the ML is
issued only after 3
months following • marriage remains valid, even if ailing party subsequently
completion of survives
publication of • in lieu of license, solemnized must execute a davit stating
application
that (i) he performed marriage in AM, and (ii) he took steps to
ascertain ages, relationship and absence of legal
if issued earlier, the impediments between parties
marriage is still valid • absence of a davit is a mere irregularity w/c will not a ect
(mere formal req)
marriage’s validity
Req of Certi cate required if any party absence thereof
is 25 and below shall suspend the Marriages in Remote Places
of Marriage
Counseling issuance of ML for 3
months, from • residence of either party so located that there are no means
completion of of transportation to enable him/her to appeal personally
publication of before LCR
application

• in lieu of license, solemnized executes a davit, w/c states

that (i) residence of either party so located…, and (ii) he took
if license is issued
w/o observing the 3- steps to ascertain the ages, relationship, and absence of
month suspension legal impediments of parties
period, marriage is
still valid (mere
irregularity in formal
req)

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 PERSONS

Marriages among Muslims and Ethnic Cultural Communities Priest, Rabbi, Imam and other Religious Ministers

Requisites • duly authorized by respective church/sect in writing;

• his written authority is duly registered w/ Civil Registrar
• marriage must be among Muslims or among members of General;
ethnic cultural communities; and • acts w/in limits of such written authority; and
• marriage must be solemnized in accordance w/ their • at least one of the contracting parties must belong to his
customs, rites or practices church or sect

In case of Marriage bet. Muslim and non-Muslim Ship Captain or Airplane Chief

• FC shall apply in cases of such marriage • marriage must be in AM (at point of death);
• thus, marriage is not exempt from requirement of ML • marriage is bet. passengers and/or crew members

Legal Rati cation of Marital Cohabitation *authority may be exercised not only while ship is at sea, or
plane is in ight, but also during stopovers or ports of call*
Requisites
Military Commanders of a Unit
• man and woman must have been living together as husband
and wife for at least 5 years before marriage • a commissioned o cer, or o cer in AF holding rank by virtue
of a commission from the President;
• parties w/o legal impediment to marry each other during
cohabitation period • assigned chaplain to his unit is absent;
• marriage is in AM; and
Procedural Reqs • marriage is solemnized w/in zone of military operations

Consul-General, Consul or Vice-Consul

• parties execute a davit stating fact of cohabitation for 5
years w/o legal impediment to marry each other, although
• marriage celebrated abroad in country where consul holds
absence thereof does not a ect validity of marriage if
o ce; and
requisites mentioned above are present
• marriage bet. Filipino citizens
• solemnizing o cer executes sworn statement re ascertaining
quali cations of parties and nding that there was no legal
Mayors
impediment re their marriage found
• those solemnized by mayor outside territorial jurisdiction
Reminders remain valid (mere irregularity re formal req)
• person who notarizes contracting parties’ a davit of
cohabitation cannot be the judge who will solemnize the MARRIAGE CEREMONY
parties’ marriage (only duty of judge is to examine whether
MIN. REQS
parties indeed lived together for at least 5 years w/o legal
impediment to marry)
• personal appearance of contracting parties before a
• period should be computed on basis of cohabitation as solemnizing o cer
“husband and wife” where the only missing factor is the
special contract of marriage to validate union (period should • declaration in presence of not < 2 witnesses, that they take
each other as husband and wife
be the years immediately before the day of the marriage, and
should be a period of cohabitation characterized by
Personal Appearance before Solemnizing O cer
exclusivity, meaning no 3rd party was involved at any time w/
in 5 years and continuity is unbroken)
• marriage celebrated thru video conferencing (where either or
• falsity of an a davit of marital cohabitation, where the parties both parties do not personally appear before solemnizing
have in truth fallen short of the minimum 5-year requirement,
o cer) is invalid if celebrated in the PH
e ectively renders the marriage void ab initial for lack of a
marriage license • considered valid in the PH if celebrated abroad and valid
there as such
• falsity of a davit of cohabitation cannot be used as a
defense in crime of bigamy, for it will be height of absurdity
Personal Declaration by contracting Parties
for Court to allow accused to use illegal act to escape
criminal conviction
• marriage by proxy invalid if celebrated in the PH, but valid if
celebrated abroad and valid as such
AUTHORITY OF SOLEMNIZING OFFICER
• no prescribed form or religious rite
PERSONS AUTHORIZED • declaration by word of mouth of what parties already stated
in writing would be a mere repetition, so omission of vocal
declaration is not a fatal defect
Judiciary Members
In the Presence of solemnizing O cer
• incumbent members; and
• must solemnize marriage w/in court’s jurisdiction • no ceremony if what transpired was a mere private act of
signing a marriage contract by contracting parties, w/o
Marriages outside of Court’s Jurisdiction presence of such o cer
• however, if the signing of marriage contract was done in the
• mere irregularity in formal requisite, win does not a ect presence of the solemnizing o cer, there is a marriage
validity of marriage but may subject o cial to admin liability ceremony even if the parties did not verbalize their consent
to the marriage

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 PERSONS

*what is mandatory is that the consent of parties be given Rule as to Divorce bet. Filipinos
before a solemnizing o cer, w/ the requirement that the same
be given in the presence of at least 2 witnesses of legal age is • PH law does not provide for absolute divorce, thus courts
merely directory* cannot grant it
• marriage bet. 2 Filipinos cannot be dissolved even by divorce
obtained abroad (due to articles 15 and 17 of NCC)
OTHER RULES
XPN under Article 26
MARRIAGE CONTRACT
• mixed marriage involving Filipino citizen and a foreigner
Importance (former may remarry in case divorce is validly obtained
abroad by the alien spouse capacitating him or her to
• best documentary evidence of a marriage remarry)
• principle also applicable to marriage bet. Filipino and foreign
E ect of Absence of Marriage Contract citizen who obtains a foreign judgment nullifying marriage on
ground of bigamy
• its absence is not however, proof that no marriage took place
because other evidence may be presented to prove the fact Requisites
of marriage
• thus, mere fact that no record of the marriage exists in the • mixed marriage
registry of marriage does not invalidate said marriage, as long • divorce obtained by alien spouse (note: RP v. Manalo)
as in the celebration thereof, all reqs for its validity are • divorce obtained by the alien spouse must capacitate him/her
present to remarry
• forwarding of a copy of the marriage certi cate to the registry
of marriage is not one of said requisites 2nd Paragraph Applicable only to Filipino Spouse
Other Proof of Marriage
• where a marriage bet. Filipino citizen and a foreigner is
validly celebrated and a divorce is thereafter validly obtained
• testimony of a witness to the matrimony abroad by the alien spouse capacitating him/her to remarry,
• couple’s public and open cohabitation as husband and wife the Filipino spouse shall have capacity to remarry under PH
after the alleged wedlock law
• birth and baptismal certi cates of children born during such
union
• mention of such nuptial in subsequent documents VOID AND VOIDABLE MARRIAGES
VALIDITY OF MARRIAGES CELEBRATED ABROAD
VOID MARRIAGES
General Rule CHARACTERISTICS
• for marriages involving Filipino citizens abroad, rule is that Void Ab initio
such marriages are considered valid in the PH, if they are
valid in the place where they are celebrated
• ipso facto void w/o need of any judicial declaration of nullity
XPNs: • but, for purposes of remarriage, even if the prior marriage is
void ab initio, a judicial declaration of its nullity is required
• party thereto is < 18 and he/she is a Filipino citizen before a subsequent marriage can be contracted, so as to
• marriage is bigamous/polygamous not result in bigamy
• marriage is contracted thru mistake of one contracting party
as to the identity of the other Can be attacked collaterally
• one party in a subsequent marriage is already a party to a
prior marriage w/c has been annulled or judicially declared • for virtually any purpose (legitimacy, settlement of estate, etc.)
void, but fails to comply w/ reqs of article 52 of FC the court may pass upon validity of marriage even in a suit
• one of the parties to such marriage, at time of its celebration, not directly instituted to question the same, so long as it is
is psychologically incapacitated to comply w/ essential marital essential to the case’s determination
obligations • XPN: for purposes of remarriage
• incestuous marriage • any interested party may attack a void marriage either
• marriage void by reason of public policy under article 38 directly or collaterally, w/o prescription
• same-sex marriage
*note the Braza and Olaybar rulings in pp. 71-72*
WHEN DIVORCE CONSIDERED VALID
Can be questioned even after either Party’s Death
Legal Premises on Divorce
• marriages celebrated during e ectivity of Civil Code may be
• divorce obtained abroad by alien married to a PH national declared void via petition for declaration of nullity, w/c may
may be recognized in the PH, provided the decree of divorce be led even after death of either party to the marriage
is valid according to the foreigner’s national law • marriages covered by AM 02-11-10-SC may only be
• reckoning point is their citizenship at the time a valid divorce questioned during lifetime of parties (death of either party
is obtained abroad shall obligate court to order the case closed and terminated
• absolute divorce secured by a Filipino married to another w/o prejudice to a collateral attack that may be done by the
Filipino is contrary to our concept of public policy and compulsory heir or intestate heirs of spouses…)
morality, and shall not be recognized in this jurisdiction

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 PERSONS

Action/Defense for Declaration of Absolute Nullity is KINDS

Imprescriptible
Void Marriages not expressly enumerated under the FC
• petition for declaration of nullity of marriage can only be led
during lifetime of spouses if covered by AM 02-11-10-SC • marriages bet. persons of same sex
• marriages where parties did not appear personally before
Any Proper Interested Party may attack a Void Marriage solemnizing o cer, or did not give their consent in the
presence of a solemnizing o cer
• only compulsory or intestate heirs of the spouses may attack • marriages where parties merely signed a marriage contract
the marriage’s validity, for purposes of protecting their w/o the presence of a solemnizing o cer
successional rights, upon death of a spouse in a proceeding
for settlement of deceased spouse’s estate (marriages Void Marriages under Article 35 of the FC
covered by AM 02-11-10-SC)
• petition for declaration of nullity of marriage (those Any Party below 18
celebrated under Civil Code)
• marriage is void
No Legal E ects (except those expressly declared by Law) • no XPN

As to Property Relations Solemnizer not legally authorized

• property relations of parties during period of cohabitation • marriage is void

(governed by articles 147 and 148) • but, if marriage is celebrated abroad and valid there as such,
• XPN: if marriage declared void by reason of non-compliance it is also considered valid in the PH
w/ article 40 of FC, the applicable property regime is absolute • XPN: either/both parties believed in GF, based on facts, that
community, conjugal partnership, or complete separation (as the solemnizing o cer had legal authority
case may be)
Lack of Valid Marriage License
As to Its E ect on Children born to such Void Marriages
• marriage void
• as a rule, children born in void marriages are illegitimate • note the exceptions from articles 27 to 34
• XPNs: children of void marriages under articles 36 and 53 • main XPN: marriage celebrated abroad and valid there as
such because no license is required in their jurisdiction
PERSONALITY TO FILE PETITION FOR DECLARATION OF
NULLITY OF VOID MARRIAGE Notes:
• to be considered void on such ground, the law requires that
Marriages covered by AM 02-11-10-SC the absence of such ML must be apparent on the marriage
contract (or at least supported by a certi cation from LCR that
What’s Covered none was issued)
• to be su cient proof of non-issuance of ML, certi cation to
• marriage’s covered by FC (on and after August 3 1988) but be issued by LCR must categorically state that doc does not
those con ned only to proceedings commenced after March exist in his o ce, or the particular entry could not be found in
15, 2003 the register despite diligent search

Rules Bigamous/Polygamous Marriages

• petition may be led solely by husband or wife (but spouse • void, even if celebrated abroad and valid as such
os a subsisting marriage may question validity of subsequent
one on ground of bigamy) Notes;
• upon death of either spouse, no more petition may be led • if a subsequent marriage s contracted during subsistence of
• compulsory or intestate heirs can still question the validity of prior one, subsequent marriage is bigamous
the marriage of spouses, if void, upon the death of a spouse • if a subsequent marriage is contracted by present spouse
in a proceeding for settlement of estate of deceased spouse during absent of absentee spouse, but w/o judicial
led in regular court(s) declaration of presumptive death, marriage is bigamous (n/a
to marriages celebrated under NCC)
Marriages not covered by AM 02-11-10-SC • if a subsequent marriage is contracted w/o securing a judicial
declaration of nullity of the prior void marriage, the
What’s Covered subsequent marriage is also void by reason of non-
compliance with article 40 of FC (but bigamy still committed)
• marriages celebrated under NCC
• petitions for nullity of marriages commenced prior to March XPN: Article 41 of FC
15, 2003
Reqs:
Rules • prior spouse (absentee) of present spouse has been absent
for 4 consecutive years, or 2 years where there is danger of
• petition must be prosecuted or defended in name of the real death under circumstances stated in article 391 of NCC at
party-in-interest (either (i) material interest or (ii) interest in time of disappearance;
issue to be a ected by the decree or judgment) and must be • present spouse has a well-founded belief that the absent
based on a cause of action spouse is already dead; and
• ruling in Niñal allowing children of former marriage to le • spouse present has obtained a judicial declaration of
petition against father’s marriage to their step-mother after presumptive death
death of father will still apply

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 PERSONS

Mistake in Identity Incurability

• if contacting party committed a mistake re identity of the • must be shown to be medically/clinically permanent or
other, the marriage is void, even if same is celebrated abroad incurable
and valid there as such • such incurability is absolute or even relative in regards to
• mistake must be w/ reference to the actual physical identity other spouse
of the other contracting party
Need for Expert Testimony and Examination of Respondent
Non-Compliance with Article 52 of FC
• petition for declaration of nullity under article 36 FC need not
• judgment of annulment or of absolute nullity of the marriage, allege expert opinion re incapacity or on its root cause, as
the partition and distribution of properties of the spouses, what must be alleged are the physical manifestations
and the delivery of the children’s presumptive legitimes shall indicative of the incapacity
be recorded in the appropriate civil registry and registries of • no requirement that defendant be examined personally be a
property physician or psychologist as a condition for the declaration of
• otherwise, same shall not a ect 3rd persons nullity of marriage based on psychological incapacity, as what
is important is the presence of evidence that can adequately
Reqs under Art. 52: establish the party’s psychological condition
• judgment of annulment or of absolute nullity of marriage
• partition and distribution of properties of the spouses Molina Guidelines NOT abandoned but merely relaxed
• delivery of children’s presumptive legitimes
• burden of proof to show the nullity of marriage belongs to
E ects: plainti . w/ any doubt should be resolved in favor of
• subsequent marriage is void, even if same is celebrated existence and continuation of the marriage and against its
abroad and valid there as such dissolution and nullity
• children conceived or born of such void marriage are • root cause of the psychological incapacity must be (a)
legitimate medically or clinically identi ed, (b) alleged in the complaint,
• property relations of such subsequent void marriage shall be (c) su ciently proven by experts and (d) clearly explained in
governed by article 147 the decision
• incapacity must be prove to be existing at “time of the
Void Marriages under Article 36 (Psychological Incapacity) celebration” of the marriage
• incapacity must also be shown to be medically or clinically
Concept permanent or incurable, either absolute or even relative only
in regard to the other spouse
• mental incapacity w/c causes a party to be truly in cognitive • illness is grave enough to bring about party’s disability to
of the basic marital covenants that concomitantly must be assume the marriage’s essential obligations
assumed and discharged by the parties to the marriage • essential marital obligations must be those embraced by
• inability to understand marriage obligations, as opposed to a articles 68 to 71 FC, as regards the husband and wife, as well
mere inability to comply therewith as articles 220, 221 and 225 FC in regards to parents and
• here, the spouse declared to be so incapacitated has innate their children
incapacity/inability to comply w/ essential obligations of • interpretations given by the National Appellate Matrimonial
marriage, because of an utter insensitivity or inability to Tribunal of the Catholic Church in the PH are given great
understand such obligations respect
• trial court must order prosecuting attorney or scal and the
Characteristics SG to appear as counsel for the State

Gravity *norms used for determining psychological incapacity should

apply to any person regardless of nationality, since rules were
• illness so grave/serious to bring about party’s disability, to formulated on the basis of studies of human behavior in
assume essential obligations of marriage general*
• must be shown as downright incapacity or inability, not a
refusal, neglect or di culty Certi cation of OSG
• mere showing of “irreconcilable di erences” and “con icting
personalities” in no wise constitutes psychological incapacity • dispensed w/ following implementation of AM 02-11-10-SC
• law’s intent is to con ne application of article 36 to most
serious cases of personality disorders w/c clearly Psychological Incapacity and Bigamy
demonstrate an utter insensitivity or inability to give meaning
and signi cance to the marriage • 2nd or subsequent marriage contracted during the
subsistence of a prior valid marriage is void ab initial,
Juridical Antecedence regardless of petitioner’s psychological capacity or incapacity
• in psychological incapacity as ground for nullity, there is
• rooted in history of party recognition written into law itself that such a marriage,
• proven to be existing at the time of marriage, although the although vow ab initio, may still produce legal consequences
overt manifestations may emerge only after marriage (such as incurring criminal liability for bigamy)
• cause has to be shown and linked w/ manifestations
*note the cases w/c are indicative and non-indicative of PI from
pp. 89-91*

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 PERSONS

Void Marriages under Article 37 (Incest)

Art. 40 FC Art. 35(4) FC

• even if same are celebrated abroad and valid there as such

marriage void because it is marriage void since the former
Incestuous Marriages bigamous for failure to comply marriage remains subsisting
w/ securing a judicial declaration
of nullity
• bet. ascendants and descendants of any degree
• bet. brothers and sisters, whether full/half-blood and w/n legit
E ect of Failure to Comply w/ Article 40
Void Marriages under Article 38 (Public Policy)
• if the marital vinculum of previous marriage subsists because
Bet. Collateral Blood Relatives of the absence of judicial declaration of its nullity, the 2nd
marriage is contracted during the existence of the 1st
• those up to the 4th civil degree, w/n legit, are void, even if marriage resulting in the crime of bigamy
same are celebrated abroad and valid there as such
Applicability of Article 40
Bet. Step-Parents and Step-Children
• in cases where a marriage, at least ostensibly, had taken
• prohibition still applies even after termination of marriage (w/c place, although later declared void ab initio
is the very source of the relationship by a nity) regardless of • if no marriage ceremony at all was performed by a duly
the cause of such termination authorized solemnizing o cer, there is no marriage w/c took
• marriage bet. step-brother and step-sister is void under NCC, place
but is not anymore prohibited under FC
Timing of 2nd Marriage
Bet. Parents-in-Law and Children-in-Law
• previous rule was that article 40 is only applicable to
• prohibition still applies even after termination of marriage… remarriages entered into after August 3 1988
regardless of cause of such termination (death, annulment, or • but now Court has applied the provision retroactively (in a
declaration of nullity of marriage) criminal action for bigamy holding that article 40, being a rule
of procedure, may be applied retroactively)
By Reason of Adoptive Relationships
Valid Subsequent Bigamous Marriage under Article 41
Prohibited Marriages by Reason of Adoption
Applicable Law
Bet:
• adopter and adopted Civil Code Family Code
• adopter and surviving spouse of adopted
• adopted and surviving spouse of adopter
• adopted and legit child of the adopter celebrated before August 3, celebrated on or after August 3,
• adopted and another adopted child of same adopter 1988 1988

does not require judicial requires judicial declaration of

Not Prohibited declaration of presumptive presumptive death along w/
death for subsequent marriage observation of the length of
Bet: to be valid (just meet length of absence
• adopted child and illegitimate child of adopter absence)
• former spouse of adopter and adopted
• former spouse of adopted and adopter
Requisites for Validity of Subsequent Marriage
By Reason of Intentional Killing of Another’s Spouse
• prior spouse (absentee) of spouse present must have been
absent for 4 consecutive years, or 2 years where there is
• when spouse of another is intentionally killed for the purpose danger of death (under article 391 of NCC) at time of
of marrying the surviving spouse
disappearance
• marriage void even if surviving spouse does not conspire in
the killing of the dead spouse • spouse present w/ well-founded belief that absent spouse is
already dead
• killing must be animated primarily by intention/desire to do
away w/ victim for purpose of marrying the surviving spouse • spouse present obtained judicial declaration of presumptive
death
• law does not require a prior criminal conviction to render the
marriage void
Requisites for Issuance of Judicial Declaration of
Void Marriage under Article 40 Presumptive Death

• absent spouse missing for 4 consecutive years, or 2

Art. 40 FC Art. 35(4) FC consecutive years (if disappearance occurred where there is
danger of death under article 391 of NCC)
situation where prior marriage is situation where a prior marriage • spouse present wishes to remarry
itself void, but a party thereto is perfectly valid, or at least • spouse present has a well-founded belief that absentee
did not secure a judicial voidable, and a party thereto spouse is dead
declaration of nullity of prior contracts another marriage prior • spouse present les a summary proceeding for declaration of
marriage before contracting a to its termination presumptive death of the absentee
subsequent marriage

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 PERSONS

Well-Founded Belief • recording in the civil registry of the residence of the parties to
the subsequent marriage of the sworn statement of fact and
• beef of present spouse must be the result of proper and circumstances of reappearance (a davit of reappearance);
honest to goodness inquiries and e orts, to ascertain the • due notice to the spouses of the subsequent marriage of the
whereabouts of the absent spouse, and whether the absent fact of reappearance; and
spouse is still alive or already dead • fact of reappearance must either be undisputed or judicially
• depends on inquiries to be drawn from many circumstances determined
occurring before and after disappearance of absent spouse,
and nature and extent of inquiries made by present spouse E ects of “Auto Termination” of Subsequent Marriage
• Court consistently applies a “strict standard approach”m
wherein upon the issuance of the decision declaring absent *upon recording of a davit of reappearance by any interested
spouse presumptively dead, the present spouse’s GF in party*
contracting a 2nd marriage is e ectively established
• a subsequent marriage contracted in BF, even if it was • automatic resumption of previous marriage
contracted after a court declaration of presumptive death, • second spouse may immediately contract another marriage
lacks req of a well-founded belief that the spouse is already w/o need of complying w/ article 52’s requirements
dead, and does not validly terminate the 1st marriage • children of terminated marriage are considered legit
• by express provision of law, the judgment of the court in a • ACP/CGP, as case may be, shall be dissolved and liquidated
summary proceeding shall be immediately nal and (not rules when either or both parties are in BF)
executory, and an aggrieved party may le a PetCert to • donations propter nuptials generally remain valid, unless
question GAD before the CA donee contracted marriage in BF
• designation of bene ciary in insurance policy generally
Termination of Subsequent Marriage remains irrevocable, unless bene ciary acted in BF in
contracting the subsequent marriage
Development • spouse who contracted marriage in BF is DQ’d to inherit from
innocent spouse by succession
• under the NCC, a subsequent marriage being voidable, it is
terminated by nal judgment of annulment in a case instituted Void Marriage under Article 44
by the absent spouse who reappears or by either spouse in
the subsequent marriage, and the ground for annulment is Requisites
the subsequent reappearance of the absentee spouse
• under FC, no judicial proceeding is needed to terminate a • prior spouse (absentee) of spouse present must have been
subsequent marriage absent for 4 consecutive years (or 2 years, when there is
• under present law, subsequent marriage is automatically danger of death under circumstances stated in article 391 of
terminated by the recording of the a davit of reappearance NCC) at time of disappearance
of absent spouse (w/o prejudice to fact of reappearance • spouse present has obtained a judicial declaration of
being judicially determined in case such fact is disputed) presumptive death
• spouse present and 2nd spouse both acted in BF (both knew
Current Methods at time of celebration of subsequent marriage that absentee
spouse is still alive)
• recording of a davit of reappearance;
• judicial declaration of dissolution/termination of subsequent E ect of Both Parties (in Subsequent Marriage under Article
marriage 41) acted in BF

When presumptively Dead Spouse was not really absent, and • subsequent marriage is void ab initio
Judicial Declaration of Presumptive Death was obtained by • all donations propter nuptias made by 1 in favor of the other
Extrinsic Fraud are revoked by operation of law
• all testamentary dispositions made by 1 in favor of the other
are revoked by operation of law
• aggrieved spouse’s remedy is to le an action to annul the
judgment declaring presumptive death • parties liable for bigamy

*note the reasons of aggrieved spouse’s remedy and the EFFECTS OF JUDICIAL DECLARATION OF NULLITY OF
sample problem in pp. 104-106* MARRIAGE

Retroactivity
E ect of Absentee Spouse’s Reappearance
• to date of its celebration insofar as vinculum bet. spouses is
• mere reappearance will not terminate such marriage, even if concerned
made known to spouses in the subsequent marriage
• hence it is considered as having never to have taken place
• presumption favoring the 2nd marriage continues in spite of
spouse’s physical reappearance, and by ction of law, he/she
XPNs:
must still be regarded as legally an absentee, until the
• even if 1st marriage is void, but no judicial declaration of its
subsequent marriage is terminated as provided by law
nullity is obtained prior to contracting the 2nd marriage, the
latter is void, w/ liability for bigamy
Conditions for Reappearance to terminate Subsequent • subsequent judicial declaration of nullity of marriage on
Marriage (article 42) ground of PI does not retroact to date of celebration, insofar
as PH penal law on bigamy is concerned, hence there
• non-existence of a judgment annulling previous marriage or remains liability for bigamy
declaring it void ab initio;

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 PERSONS

Status of Children
Intestate Succession Testamentary Succession
• children of void marriages are generally illegitimate
XPNs:

XPNs:
• when marriage is void by reason of PI • if subsequent marriage is
• when marriage is void by reason of non-compliance w/ reqs judicially declared void by
reason of article 40 of FC,
of article 52 spouse who contracted
subsequent marriage in BF is
Property Relations DQ’d to inherit from innocent
spouse

• if marriage is void, regardless of the cause thereof, the • if marriage is void under article
property relations of the spouses during the period of 44, all testamentary
cohabitation are governed by the provisions of article 147 or dispositions made by 1 in
148 (as the case may be) favor of the other are revoked
by operation of law

Article 147 Article 148 Parental Authority and Custody of Children

applies to unions of parties who applies to void marriages where • under parental authority and custody of mother
are legally capacitated and not the parties are incapacitated to • illegitimate father (as a consequence) is not entitled to
barred by any impediment to marry each other custody, even if he admits paternity
contract marriage, but whose • but latter is entitled to visitation rights in view of the
marriage is nonetheless void constitutionally protected inherent and natural right of
parents over their children
XPN:
• if subsequent marriage is void by reason of non-compliance Quali cation
w/ article 40, the property relations of parties to the
subsequent marriage would still be ACP/CGP (as case may • if marriage is judicially declared void by reason of PI under
be) or even complete separation article 36 or non-compliance w/ reqs of article 52, the
children of said void marriage are legit, but parental authority
E ect on Donation Propter Nuptias and custody shall be exercised by the parents designated by
the court
• if marriage is judicially declared void, such donations are
generally revocable at donor’s instance VOIDABLE MARRIAGES

XPNs: CHARACTERISTICS
• if donee spouse contracted the marriage in BF, in w/c case,
the donation is revoked by operation of law Valid until Voided
• spouses of subsequent marriage were in BF under article 44,
then all such donations made by one in favor of the other are • considered valid and produces all its civil e ects
revoked by operation of law • unless and until it is set aside by nal judgment of a
competent court via action for annulment
E ect on Designation as Bene ciary in Insurance Policy
Consequences
• if designation of a spouse as bene ciary in other’s insurance
policy is irrevocable, the insured cannot change such • children are legitimate, if conceived/born before nality of
designation, even if marriage bet. spouses be void judgment of annulment
• property relations of spouses during cohabitation period
XPN: remain to be ACP/CPG (as case may be)
• innocent spouse may revoke such designation if bene ciary
spouse acted in BF (even if such is stipulated as irrevocable) Defects generally Rati able by Free Cohabitation or
Prescription
E ect on Right to Inherit
XPNs:
Intestate Succession Testamentary Succession • ground is PI to consummate marriage (impotency) w/c
appears to be incurable
• ground is a iction w/ STD found to be serious and incurable
since parties are no longer any testamentary provision by
spouses, they cannot inherit one in favor of the other shall
How Defects are rati ed
from each other by way of remain valid
intestate succession
• free cohabitation w/ other by party entitled to seek
annulment after attaining age of 21 (if ground is lack of
parental consent)
• free cohabitation by insane after coming to reason (if ground
is insanity)
• free cohabitation w/ other by injured party after gaining full
knowledge of fraud (if ground is fraud)
• free cohabitation w/ other by injured party after ground
disappears (if ground is vitiation of consent)

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 PERSONS

Action for Annulment subject to Prescriptive Period or Consent obtained thru Fraud
Statute of Limitations
Kind of Fraud Requisites
Ground Prescriptive Period
Non-disclosure of Previous (i) previous conviction by nal
Lack of Parental Consent (a) person whose consent is Conviction judgment;

required under article 14 (ii) crime involves moral

must le action for turpitude;

annulment prior to party (iii) fact was not disclosed to

attaining age of 21; or
other prior to, or at least
(b) if no such action is led, the during, celebration of the
party whose parent did not marriage
give consent may le action
w/in 5 years after attaining Concealment of Pregnancy by (i) wife was pregnant at time of
age of 21 Man other than the Husband celebration of marriage;

(ii) pregnancy was by another

Insanity When: during lifetime of parties
man;

(iii) same was concealed from

Concealment of STD
Who:
husband at time of
(a) insane spouse (after celebration of marriage
regaining sanity or during a
lucid interval);
(i) either party was a icted at
(b) sane spouse (if was not time of celebration,
aware of other’s insanity at regardless of nature;

time of celebration);
(ii) same was concealed form
(c) any relative or person having other party at time of
legal charge of the insane celebration

Fraud victim may le action w/in 5 Concealment of Drug (i) existence of any condition at
years from its discovery Addiction, Habitual time of celebration;

Alcoholism, Homosexuality, or (ii) same was concealed from

Force, Intimidation or Undue victim may le action w/in 5 other party at time of
Lesbianism
In uence years from disappearance of the celebration

ground
*enumeration is exclusive*
Physical Incapability injured party may le action w/in
(Impotence) or A iction w/ 5 years from celebration
Consent Obtained thru Duress
STD (serious and incurable)
• by force, intimidation or undue in uence
Assailable only in Direct Proceeding for that Purpose
Requisites
• can never be attacked collaterally
• must be determining cause of contract
Questionable only during Parties’ Lifetime • must be unjust/unlawful
• must be serious/grave
• not after either’s death, in w/c case the parties and their • must have produced reasonable and well-grounded fear from
o spring will be left as if the marriage had been perfectly the fact that the person who employed it has the necessary
valid means to in ict the threatened injury

Ground/Defect must be in Existence at Time of Celebration Either Party was physically Incapable of Consummating
Marriage (Impotence)
GROUNDS
• physical inability to perform the act of sexual intercourse (not
Lack of Parental Consent sterility or inability to procreate)
• denotes permanent inability on part of spouses to perform
• either father, mother, surviving parent/guardian/ or person the complete act of sexual intercourse
having legal change of party at least 18 but below 21 • may be caused by a physical or structural defect in the
• note that order must be observed anatomy of one of the parties, or due to chronic illness and
• if party is an illegitimate child, then mother’s consent is what’s inhibitions or fears arising (in whole/part) from psychological
required conditions

Insanity Requisites

• marriage is voidable, w/n sane spouse was aware of the • incapacity exists at time of marriage
existence thereof at time of celebration • continues up to time of ling of petition for annulment
• if sane spouse had no knowledge at the time, then he/she • appears incurable
has the personality to le the action • unknown to injured party at time of marriage
• otherwise, only the insane spouse (during lucid interval or
after regaining sanity) or his relative/guardian/person having Burden of Proof
legal charge may le action
• law presumes potency
• burden is on injured party alleging existence of impotency

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 PERSONS

LEGAL SEPARATION
Art. 45(6) Art. 46(3)
HOW DISTINGUISHED
existence of STD itself concealment of the STD

Annulment Divorce Legal Separation

required to be serious and regardless of its nature
incurable
marriage bond is marriage bond is marriage bond is not
severed severed severed
EFFECTS OF ANNULMENT DECREE
cause must exist at cause may exist cause must exist
Termination of Marital Bond time of marriage after celebration of only after separation
the marriage of the marriage
• but former spouses must comply w/ reqs of article 52 of FC, if
any of them wishes to remarry GROUNDS
• otherwise, the subsequent marriage will be void (but there is
no criminal liability for bigamy) • repeated physical violence against petitioner, a common child
or petitioner’s child
Children considered Legitimate • grossly abusive conduct against petitioner, common child or
petitioner’s child
• if conceived/born prior to nality of judgment of annulment • physical violence or moral pressure to compel petitioner to
• but parental authority and custody shall be exercised by the change religious or political a liation
parent designated by the court • attempt of respondent to corrupt or induce petitioner,
• non-custodial parent is entitled, however, to visitation rights common child or petitioner’s child to engage in prostitution,
or in connivance in such corruption or inducement
Dissolution and Liquidation of ACP/CPG (as case may be) • nal judgment sentencing respondent to imprisonment of > 6
years (even if pardoned)
If either Party contracted the Marriage in BF • drug addiction, habitual alcoholism, lesbianism or
homosexuality of respondent
• net pro ts share shall be forfeited • contracting of subsequent bigamous marriage
• in favor of (i) common children, (ii) children of guilty spouse by • sexual in delity or perversion
a previous marriage (in default of rst), or (iii) innocent spouse • attempt against petitioner’s life
(in default of both) • abandonment of petitioner w/o justi able cause for > 1 year

E ect on Donations Propter Nuptias DEFENSES

• generally remain valid, unless donee acted in BF, thus donor • condonation
may revoke donation • consent
• donation is revocable at instance of donor, even in absence • connivance
of judgment of annulment, if marriage is voidable by reason • collusion
of lack of parental consent • mutual guilt/recrimination
• prescription
Innocent Spouse may revoke Designation of Other Spouse
who acted in BF as Bene ciary in Insurance Policy
Condonation Consent
• even if designation is stipulated as irrevocable
aggrieved party condoned aggrieved party consented to
Spouse who contracted Marriage in BF is DQ’d to inherit o ense/act complained of the commission of o ense/act
from Innocent Spouse complained of

• by either kind of succession (testamentary/intestate) given after o ense is committed given in advance or prior to
commission of act
OSG’S AND PUBLIC PROSECUTOR’S ROLE in the nature of a conditional
forgiveness
OSG Public Prosecutor

authority to intervene and take required to intervene in
part in proceedings for annulment and petition for
annulment and declaration of declaration of nullity of void
nudity of marriages before RTC marriages, to prevent collusion
and on appeal to higher courts bet. parties, and to ensure that
evidence is not fabricated or
suppressed
Connivance
between parties in the
commission of the o ense or act
constituting ground
implies agreement, E/I, by both
parties
Collusion
between parties to obtain
decree of legal separation
also implies an agreement bet.
parties for 1 to commit or
appear to commit the
matrimonial o ense or to
suppress evidence of valid
defense, to obtain the decree

collusion may not be inferred from the mere fact that the guilty party
confesses to the o ense and thus enables the other party to
procure evidence necessary to prove it

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 PERSONS

Innocent Spouse may Revoke Designation of Guilty Spouse

Mutual Ground for Prescription
as Bene ciary in Insurance Policy of Former
Recrimination

where both parties gave ground action barred thereby

for legal separation
5 years from occurrence of
cause
even if not interposed but same
is borne by records, the court
may dismiss the action
EFFECT OF DEATH OF A PARTY
• even if designation is stipulated as irrevocable
Custody of Children
• be it separation de facto or de jure, parental authority and
custody shall be exercised by parent designated by the court
• non-custodial parent is entitled, however, to visitation rights
• but VAWC Law prohibits awarding of custody of minor
children to perpetrator of a woman who is su ering from BWS
(and in addition, the victim su ering from BWS shall not be
DQ’d from having custody of her children)

• if a party dies prior to the entry of judgment, the case shall be EFFECTS OF RECONCILIATION
terminated
• if party dies after entry of judgment, the judgment shall bind Decree
the parties and their successors-in-interest
• issued by court in a legal separation case upon joint
COOLING-OFF PERIOD manifestation of spouses under oath that they have
reconciled, w/c has the e ect of setting aside either the legal
• case shall not be tried w/in 6 months from ling of petition separation proceedings (if still pending) or the decree of legal
• XPN: violence under VAWC separation (if same has already been issued)
• period does not prevent court from hearing motion for
preliminary injunction to prevent respondent from managing E ects
exclusive property of petitioner
• courts must take steps toward reconciliation of spouses, and • proceedings pending shall be terminated
may only issue the decree of legal separation, after it has • separation of property and forfeiture of share of guilty spouse
been satis ed that (despite such e orts) reconciliation is already a ected shall subsist, unless the spouses have
highly improbable agreed to revive their former regime of property relations
• e ects of legal separation decree subsist if parties will simply
EFFECTS OF DECREE reconcile after nality of decree w/o securing decree of
reconciliation
Right to Live separately from Each Other w/o Severance of
Marriage Bonds Agreement to Revive Previous Property Regime

• as a consequence, husband no longer has right of Requirements

consortium
• dissolution and liquidation of ACP/CPG, as case may be (note
rules of share of o ending spouse in net pro ts re forfeiture)
Right to Inherit
Intestate Succession Testamentary Succession
o ending spouse shall be DQ’d those in favor of o ending
to inherit from innocent spouse spouse existing at time of nality
of decree shall be revoked by
operation of law
o ending spouse however is not
DQ’d to inherit from the innocent
spouse
• must execute agreement of revival under oath
• agreement must specify the properties to be contributed
anew to the restored regime and those to be retained as
separate properties
• names of creditors, their addresses and amounts owing to
each must likewise be speci ed
• agreement must be submitted in court for approval by way of
a veri ed motion
Adoption of New Property Regime
• new rules allow spouses, upon reconciliation and w/ court’s
intervention, to adopt a new property regime di erent from
that w/c they had prior to the ling of petition for legal
separation

PROTECTION ORDERS
Right to Receive Legal Support
Under VAWC (RA 9262)
• obligation of mutual support bet. spouses ceases
• XPN: court order • issued to prevent further acts of violence against women and
their children, their family or household members, and to
Donation Propter Nuptias grant other necessary reliefs
• to safeguard o ended parties from further harm, minimize
Made by Innocent Spouse in Made by 3rd Party
any disruption in their daily life, and facilitate the opportunity
favor of O ending Spouse
and ability to regain control of their life

may be revoked by former, and may be revoked by donor in Kinds

action to revoke must be led w/ case of legal separation, and
in 5 years from nality of decree donee is guilty spouse Brgy. Protection Order

• issued by punong barangay or kagawad (in former’s absence)

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 PERSONS

• intended as temporary relief for the victim • under VAWC Law, if husband prevents wife from engaging in
such, he has committed an act of violence (except in cases
Temporary Protection Order where husband objects on valid, serious and moral grounds)

• issued by court upon ling of application, after an ex parte Liability for Obligations incurred in case of Objection
determination of the need for such protection
• e ective for 30 days • if bene t accrued to family prior to objection, resulting
• grant of TPO ex parte cannot be challenged as violative of obligation is chargeable to ACP/CPG
right to due process • if bene t accrued to family after objection, such obligation
shall be enforced against separate property of spouse who
Permanent Protection Order has not obtained consent
• if no bene t accrued to family, such obligation shall be
• issued by court after notice and hearing enforced against separate property of spouse who has not
• remains e ective until revoked upon application of person in obtained consent
whose favor the order was issued

Protection Order under AM 02-11-10-SC

• while protection orders under VAWC can be availed of only

by women or their children who are victims of violence, the
order of protection (as a form of provisional remedy) is
available to any party in the legal separation case, be it the
husband or wife

RIGHTS AND OBLIGATIONS BET. HUSBAND AND WIFE

RIGHTS AND OBLIGATIONS

Obligation to Live Together

• court cannot enforce the obligation

• but if spouse leaves conjugal dwelling w/o just cause and
later demands for legal support, the other spouse has option
of giving support by receiving and maintaining him/her in the
family dwelling, and if he/she refuses, the right to receive
legal support terminates
• but if wife leaves because of valid or justi able reason, she is
entitled to separate maintenance

XPN:
• other spouse lives abroad; and
• there is valid and compelling reason to

*then court may exempt, unless same is not compatible w/

solidarity of the family*

Obligation to Observe Mutual Love, Respect and Fidelity

• court likewise powerless to enforce this

• but there are sanctions for non-observance (criminal
prosecutions for adultery, concubinage, bigamy, etc.)

Obligation to render Mutual Help and Support

• can be enforced thru legal action

Choice of Family Domicile

• right to choose belongs to both spouses

• in case of disagreement, court decides
• XPN: court may exempt 1 spouse from living w/ other if (i)
other lives abroad, and (ii) there is valid/compelling reason,
provided it is compatible w/ family’s solidarity

Exercise of Profession, Business or Activity

• either spouse may exercise any legit profession, etc. w/o

other’s consent

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 PERSONS

PROPERTY RELATIONS BET. HUSBAND AND DONATIONS PROPTER NUPTIAS

WIFE *aka donations by reason of marriage*
—————————————————————————————————
CONCEPT
PROPERTY RELATIONS
Requisites
WHAT SHALL GOVERN
• made before celebration of marriage
Marriage Settlement
• made in consideration of marriage
• in favor of 1 or both of the future spouses
• if one is executed
Formalities
Notes:
• must be (i) in writing, (ii) signed by the parties, and (iii) • if what is donated is a personal property w/ value > P5k, the
executed before celebration of marriage donation and acceptance must both be in writing
• to be enforceable against 3rd persons, it must be registered • if what is donated is real property, donation and acceptance
in local civil registry thereof must both be in public instrument
• if party thereto is at least 18 but below 21, the person whose
consent is necessary for the marriage must also be a party to
the marriage settlement Real Property Personal Property
• if party thereto is su ering from civil interdiction or any other
disability, the court-appointed guardian must also be made a must be made in a public donation may be made orally or
party to the marriage settlement instrument, specifying therein:
in writing, w/ former requiring
(i) property donated; and
simultaneous deliver of thing or
E ect of Non-Celebration of Marriage (ii) value of charges w/c donee of document representing the
must satisfy right donated
• everything stipulated in marriage settlement shall be void
acceptance may be made in
• donation propter nuptias embodied in marriage settlement same deed of separate public
shall also be void
instrument, but it shall not take
• stipulations that do not depend on celebration of marriage e ect unless it is done during
shall remain valid donor’s lifetime

Conjugal Partnership of Gains

Donations bet. Future Spouses
• in absence of a marriage settlement; and
• marriage was celebrated prior to a ectivity of FC With Respect to Present Property

Absolute Community of Property

ACP Any Other Property Regime

• in absence of a marriage settlement; and

• marriage was celebrated during e ectivity of FC no limitation re extent of the cannot donate each other > 1/5
donation by future spouses to of their present property
Complete Separation of Property each other

with respect to form, donation must comply w/ articles 748 and 749
• over property relations of subsequent marriage of surviving
spouse
• in case no liquidation of the ACP or CPG is made w/in 1 year
from death of the deceased spouse With Respect to Future Property
• whether judicial or extrajudicial
Form
LAW W/C GOVERNS
• donation must be in the form of wills
• PH laws shall govern, regardless of place of celebration and
residence Substance
• XPN: properties located outside of PH (law where situated)
• where both spouses are aliens, their property relations are • in the form of a DPN; and
governed by their national law • donor is one of the future spouses in favor of the other future
spouse

EFFECT OF FOLLOWING CIRCUMSTANCES UPON

DONATION PROPTER NUPTIAS

Non-Celebration of Marriage

• donation remains valid, but may be revoked by donor

• XPN: donation made in marriage settlement (void)

When Marriage judicially declared Void

• donations remain valid, but may be revoked by donor

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 PERSONS

XPNs: IN GENERAL
• marriage is judicially declared void by reason of non-
compliance w/ article 40 of FC, and donee spouse contracted • property regime wherein the husband and wife become joint
marriage in BF owners of all the properties of the marriage
• marriage is judicially declared void by reason of article 44 of • whatever each spouse brings into the marriage, and those
FC (both parties acted in BF) donation by one in favor of the properties acquired during the marriage (except those
other excluded under article 92 of FC) form the common mass of
the couple’s properties
When Marriage is Annulled • when couple’s marriage or community is dissolved, that
common mass is divided bet. spouses or their respective
• donation remains valid heirs (equally or in proportion the parties established),
• XPN: donee acted in BF irrespective of the value each one may have originally owned

Notes: When Governing?

• for donation to be considered revocable at instance of donor
in case donee acted in BF, it is necessary that that there must
be a nal judgment of annulment How Celebrated When ACP governs
• if the marriage is voidable by reason of lack of personal
consent, the DPN is revocable even in absence of such under Civil Code if it was provided for in the
judgment, and even if none of the parties acted in BF marriage settlement bet. future
spouses
When Decree of Legal Separation is Issued
under Family Code (i) if provided for in marriage
settlement bet. future
• donation remains valid spouses; or

• XPN: if the donee was the o ending or guilty spouse, the (ii) if there was no marriage
donation may be revoked by the donor settlement at time of
celebration; or

If the Resolutory Condition is complied with (iii) marriage settlement was

void
• donation may be revoked by donor
Commencement
If Donee commits Act of Ingratitude
• may only commence at precise moment the marriage is
• as speci ed under article 765 of NCC celebrated
• donation may be revoked by donor • any stipulation for commencement of regime at any other
time is void
DONATIONS DURING THE MARRIAGE
Prohibited Waiver
• every donation or grant of gratuitous advantage, whether
direct or indirect, bet. spouses during marriage, shall be void
• no waiver of rights, interests, shares and e ects of the ACP
• they constitute as an indirect donation to the other spouse during marriage
• XPN: spouse may validly give to each other moderate gifts on • because prior to liquidation of ACP, the spouse’s interest
occasion of any family rejoicing therein is inchoate, w/c does not ripen into title until it
• prohibition also applies to persons living together as husband appears that there are assets in the community, as a result of
and wife w/o a valid marriage the liquidation and settlement
• XPN; when waiver takes place upon judicial separation of
property
SYSTEM OF ABSOLUTE COMMUNITY
PROPERTIES INCLUDED AND EXCLUDED
Properties Properties
acquired prior to acquired during the
Included Excluded
Marriage Marriage

GR included in the ACP included in the ACP (i) all property owned by (i) those excluded from the
spouses at time of marriage ACP in the marriage
celebration; or
settlement;

XPNs (i) those excluded
in the marriage
settlement;
w/fruits and income by either spouse, including
(ii) those for
personal and
exclusive use
(except jewelry);
shall form part of form part of the community
(iii) those acquired
(i) those acquired
thru gratuitous title,
thereof (unless
expressly provided
by grantor that they
ACP)
(ii) all property acquired during
the marriage
(ii) those acquired during
marriage by gratuitous title,
fruits and income thereof
(unless expressly provided
by grantor that they shall
property);

by either spouse (iii) those acquired before the

who has legit marriage by either spouse
descendants by who has “legitimate
a former descendants by a former
marriage (+ fruits marriage” (also including the
and income) fruits and income thereof);

(iv) those for personal and

exclusive use of either
spouse (XPN: jewelry)

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advances to be deducted from the debtor-spouse’s share

Included Excluded
upon liquidation of the community): (i) ante nuptial debt, by
either spouse w/c did not bene t family, (ii) support of
unless:
illegitimate children of either spouse, and (iii) liabilities
(i) excluded in marriage incurred by either spouse by reason of a crime/quasi-delict
settlement; or

(ii) excluded under article 92 of *if community property is insu cient to cover the foregoing
FC
liabilities except the last, the spouses are solidarily liable for the
unpaid balance w/ their separate properties*
OBLIGATIONS CHARGEABLE TO ACP
OBLIGATIONS CHARGEABLE TO SEPARATE PROPERTY
Support
• support of illegitimate children of either spouse
Re: • liabilities incurred by reason of a crime/quasi-delict
• spouses • expenses of litigation bet. spouses (if found to be groundless)
• common kids • losses during marriage in any game of chance, betting,
• legit children of either spouse sweepstakes, or any other kind of gambling
• debts contracted during marriage, by (i) admin-spouse w/c
Rule re Illegitimate Children did not bene t the community, or (ii) 1 spouse w/o other’s
consent, w/c did not bene t the family
• chargeable to exclusive property of the illegitimate parent • ante nuptial debts by either spouse w/c did not bene t the
• but if the debtor-spouse does not have property, or his/her family
property is insu cient, the ACP is required to advance the • taxes incurred on separate property w/c is not used by the
payment to be deducted from his/her share upon liquidation family
of the community • expenses incurred during marriage on a separate property, if
(i) not for its preservation, and (ii) property is not used by the
Debts and Obligations family

Antenuptial Debts ADMINISTRATION AND DISPOSITION OF COMMUNITY

PROPERTY
• contracted before marriage by either spouse
• chargeable to absolute community only if they haver Administration
redounded to the family’s bene t
• belongs to both spouses jointly
Those contracted during the Marriage • power to administer does not include powers of disposition
and encumbrance w/o court authority or written consent of
When: the other spouse
• contracted by both spouses;
• contracted by 1 spouse, w/ other’s consent; When Sole Administration is allowed
• contracted by 1 spouse w/o other’s consent, but only to the
extent that they have redounded to the family’s bene t; or • 1 spouse is incapacitated or otherwise unable to participate in
• contracted by the administrator-spouse for the bene t of the the admin of common properties, the other may assume w/o
community need of court approval
• spouse w/o just cause abandons the other or fails to comply
Note: w/ his/her obligations to the family, the aggrieved spouse
• for ante nuptial debts and debts during the marriage may petition court for sole admin
contracted either by 1 spouse w/o other’s consent or by the • during pendency of legal separation case, court may
admin-spouse, the burden of proof that such were contracted designate either spouse as sole admin
for the bene t of the community/family lies w/ the creditor-
party litigant claiming as such Sale/Disposition (Inter Vivos) of Community Property

Taxes and Expenses • under ACP, alienation or encumbrance of community property

must have other spouse’s written consent or court authority
• taxes falling upon community property • w/o either, it is void
• taxes falling upon separate property, if used by the family • neither spouse may likewise donate any community property
w/o other’s consent (except moderation donations, either for
• expenses incurred on the community property, whether the
repair is major or minor charity, or on occasions of family rejoicing/distress)
• expenses incurred on a separate property, if (i) incurred
during marriage, (ii) for mere preservation, and (iii) property’s Considered as Continuing O er
used by the family
• expenses to enable spouse to commence/complete a • transaction shall be construed as such on the part of the
professional or vocational course, or other activity for self- consenting spouse and the 3rd person, even if disposition/
improvement encumbrance is void
• value of what is donated/promised by both spouses in favor
of common legit children, for the exclusive purpose of How Perfected as Binding Contract:
commencing or completing professional or vocational course, • acceptance by other spouse; or
or other activity for self-improvement • authorization by court
• expenses of litigation between spouses (unless suit is found
to be groundless) *in either case, before the the o er is withdrawn by either/both
• the following, in case of insu ciency/absence of exclusive o erors*
property of debtor-spouse (w/c shall be considered as

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 PERSONS

Consent need not be Explicit • if a spouse w/o just cause abandons the other or fails to
comply w/ his/her obligations to the family, the aggrieved
• need not be set expressed or set forth in any particular doc spouse may petition for receivership, judicial separation of
• so long as it is shown by the spouse’s acts that such consent property, or for authority to be the sole administrator of the
or approval was indeed given absolute community

Court Authorization Presumption of Abandonment

Rules on Summary Judicial Proceedings (FC) • when he/she left the conjugal dwelling w/o any intention of
returning thereto
• govern the proceedings under articles 96 and 124, for • absence of 3 months or failure w/in same period to give any
purpose of obtaining court authorization info re whereabouts serves as prima facie presumption to
have no intention of returning
When Applicable:
• spouse is absent; Finality of Judgment of Annulment
• spouse is separated in fact;
• spouse abandoned the other; or Finality of Judgment declaring Marriage void
• consent either withheld/unattainable
• applicable only to marriages declared void for failure to
When N/A: comply w/ article 40
• non-consenting spouse is incapacitated/incompetent to give
consent Upon Judicial Separation of Property

Disposition by Will P R O C E D U R E F O R L I Q U I D AT I O N O F A B S O L U T E
COMMUNITY
• either spouse may dispose by will of his/her share in the
community property Inventory

DISSOLUTION/TERMINATION OF ABSOLUTE COMMUNITY • listing separately the exclusive properties and properties of
the absolute community
Causes
Payment of Debts and Obligations of Absolute Community
Death
• in case of insu ciency of ACPs, the spouses shall be
• of either spouse solidarily liable for the unpaid balance w/ their separate
• required that the surviving spouse must liquidate the properties
community property (w/n judicially w/in 1 year from death of
deceased spouse Remainder of Spouses’ Exclusive Properties are delivered to
• upon lapse of 1-year period and no liquidation is made, any Each of Them
disposition/encumbrance involving community property of
terminated marriage shall be void Net Remainder of Properties of Absolute Community shall
constitute its “Net Assets”
Notes:
• it is not necessarily void if said portion has not yet been • shall be divided equally between the spouses
allocated by partition to another heir of the deceased spouse
(instead, the sale is invalid insofar as the ideal share of the Unless:
selling co-owner/co-heir in the property is concerned, but w/o • di erent proportion/division was agreed upon in the marriage
a ecting the ideal shares of the other co-owners) settlement; or
• if the surviving spouse contracts another marriage w/o • there has been voluntary waiver of such share
compliance w/ the foregoing requirement, a mandatory
regime of complete separation governs the property relations
Net Assets Net Pro ts
of the subsequent marriage

Finality of Decree of Legal Separation net remainder of properties of subject to forfeiture under
absolute community articles 43(2) and 63(2) of FC
Rule on Separation of Fact increase in value bet. MV of
community property (At time of
• does not a ect regime of absolute community celebration of marriage) and the
MV at time of its dissolution
E ects of Separation in Fact:
• spouse who leaves conjugal home or refuses to live therein,
w/o just cause, shall have no right to be supported Delivery of Presumptive Legitimes of Common Children
• when consent of 1 spouse to any transaction of the other is
required by law, judicial authorization shall be obtained in a Adjudication of Conjugal Dwelling
summary proceeding
• if community property is not su cient, the spouse present • generally in favor of spouse to whom majority of the common
may be given judicial authorization, upon petition in a children choose to live with or remain
summary proceeding, for the administration or encumbrance • unless otherwise agreed upon by parties
of any speci c property of the other spouse to satisfy the • court decides in cases of lack of a majority
latter’s share

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 PERSONS

CONJUGAL PARTNERSHIP OF GAINS spouse, then such bene t becomes conjugal partnership
property
IN GENERAL
Those acquired by Right of Redemption, by Barter, or by
• where husband and wife place in a common fund; Exchange, w/ Property belonging to Only One of the Spouses
• the proceeds, products, fruits and income;
• from their separate properties and those acquired by either Properties purchased w/ Exclusive Money
or both spouses through their e orts or by chance
Properties Included
*Civil Code provisions re partnership are suppletory*
Those acquired by Onerous Title during Marriage, at
• net gains/bene ts obtained shall be divided equally bet. the
spouses upon marriage’s dissolution, unless otherwise Common Fund’s Expense
agreed in the marriage settlement
Requisites
When Governing
• acquisition is made during marriage;
Celebrated under Civil Code • thru onerous title;
• at expense of common fund
• provided for in the marriage settlement between future
spouses; or Presumption of Conjugality
• no marriage settlement at time of celebration; or
• marriage settlement is void • all properties acquired during marriage (whether the
acquisition appears to have been made, contracted or
Celebrated under Family Code registered in the name of one/both spouses) is presumed
conjugal, unless contrary is proved
• if provided for in the marriage settlement bet. future spouses • registration of a property alone in the name of 1 spouse does
not destroy its conjugal nature, and it is not conclusive
Commencement evidence of the exclusive ownership of the husband or wife
• what is important is that the acquisition is made “during the
marriage”
• only at precise moment the marriage is celebrated
• any stipulation for the commencement, E/I, at any other time,
is void Notes:
• proof of acquisition of property during marriage is a condition
Prohibited Waiver sine qua non for the operation of the presumption in favor of
conjugal partnership
• waiver of rights, interests, shares and e ects of conjugal • not necessary to prove that the property was acquired w/
partnership is generally not allowed during the marriage funds of the conjugal partnership
• XPN: waive takes place upon a judicial separation of property • presumption refers only to proper acquire during marriage,
and thus does not operate when there is no showing as to
*reason is because prior to liquidation of conjugal partnership, when property alleged to be conjugal was acquired
the interest of each spouse in the conjugal assets is inchoate or • when property is registered in the name of only 1 spouse and
a mere expectancy, w/c does not ripen into title, until it appears there is no showing as to when the same was acquired by
that there are assets in the community, as a result of the said spouse, this is an indication that the property belongs
liquidation and settlement* exclusively to the said spouse
• but even if the property was acquired during the marriage,
PROPERTIES INCLUDED/EXCLUDED the presumption is N/A re private lands if 1 of the spouses is
an alien
Included
Exception
Those acquired prior to Marriage
• for property acquired during the marriage thru exercise of
XPNs: right of redemption, even if redemption price comes form
• fruits and income of said properties conjugal lands, the property so acquired shall be the
• those included therein in the marriage settlement (subject to separate property of the spouse to whom the right of
1/5 limitation under article 84, and rule in article 92(3), w/c redemption pertains (subject to reimbursement)
apply by analogy)
Property obtained during Marriage from Labor, Industry,
Those acquired during Marriage by Gratuitous Title Work, or Profession

• property donated or left by will to the spouses jointly and w/ • of either or both spouse(s)
designation of determinate shares, shall pertain to the donee-
spouse as his/her exclusive property Fruits from Conjugal Properties and “Net Fruits” from
• in absence of designation, they shall share alike, w/o Separate Properties
prejudice to the right of accretion
• if retirement bene ts, pensions, annuities, gratuities, usufructs • “net fruits” refer to the remainder of fruits after deducting the
and similar bene ts are obtained out of pure liberality of amount necessary to cover the expenses of admin of said
donor, then such bene t becomes separate property of the exclusive property
grantee-spouse
• if such bene t is simply an accumulation or deductions from
money earned during the marriage, or from salaries of either

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 PERSONS

Principal and Interest payable in Installments Properties acquired before Properties acquired during
Marriage Marriage
If credit is payable w/in a period of time, and belongs to only 1
of the spouses: GR: properties acquired before If acquired thru gratuitous title:

• exclusive property of the spouse (if sums represent the marriage are not included in
installments on principal); the CPG, but fruits and income
• conjugal property (if interest on the principal falls due during thereof accruing during the
the marriage) marriage, are included in the
CPG
Share in Hidden Treasure XPN: when included in the CPG,
if the marriage settlement is
NOT included in CPG, but the
fruits and income of said
properties are included
If acquired thru Onerous Title,
and:

• as well as those acquired thru shing/hunting subject to . limitations…

(i) using exclusive money or

Those acquired by Chance (i) may not exceed > 1/5 of
present property; and
acquired is exclusive
(ii) may not include properties
• such as winnings from gambling/betting acquired prior to marriage, if
funds, the property so
property (not included in
CPG);

• however losses shall be borne exclusively by the loser either of the future spouses (ii) using conjugal funds, the
spouse has legit descendants in a property so acquired is
former marriage generally included in the
Livestock existing at time of Partnership’s Dissolution CPG, except if acquisition is
by way of exercise of right of
• provided it is in excess of the number of each kind brought to redemption
the marriage by either spouse
OBLIGATIONS CHARGEABLE TO CONJUGAL PARTNERSHIP
Property bought thru Installment
Support
Requisites
• spouses
• bought on installment prior to marriage; • common children
• payment completed only during marriage; • legit children of either spouse
• paid partly from exclusive funds and partly from conjugal
funds *support of illegitimate children of either spouse is chargeable
to exclusive property of the illegitimate parent*
Rules in determining Ownership
Debts and Obligations
• exclusive property of buyer (if full ownership was vested prior
to marriage) Ante Nuptial
• conjugal property (if full ownership was vested during
marriage) • chargeable to conjugal partnership, if they have redounded
to the bene t of the family
*in either case, there shall be reimbursement upon liquidation
of the partnership* Those contracted during the Marriage
Improvement on Separate Property • if contracted by both spouses
• if contracted by 1 spouse w/ the other’s consent
Requisites • if contracted by 1 spouse w/o other’s consent, but only to the
extent that they redounded to the family’s bene t
• improvement made on a separate property of either spouse; • if contracted by administrator-spouse for the bene t of the
• improvement made during the marriage; conjugal partnership
• at expense of the conjugal partnership or through the acts/
e orts of either/both spouse(s) Personal Debts contracted by either Spouse w/o Other’s
Consent
Rules in determining Ownership
• chargeable to conjugal partnership, if contracted for the
• entire property belongs to conjugal partnership, if cost of bene t of the conjugal partnership or for family
improvement and any resulting increase in value are > value • if not, it is chargeable against the debtor-spouse’s exclusive
of the property at time of improvement property
• entire property belongs to owner-spouse, if Busch cost or
resulting increase are < value of property at time of *if either spouse contracts on obligation on behalf of the family
improvement business, there is a legal presumption that such redounds to
the bene t of the conjugal partnership*
*in either case, there shall be reimbursement upon liquidation
of the conjugal partnership, and ownership of the entire Taxes and Expenses
property shall be vested only upon reimbursement*
Those falling upon Conjugal Partnership Property and Those
Falling upon Separate Property

Expenses incurred on Conjugal Partnership Property

• whether repair is major or minor

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 PERSONS

Expenses incurred on a Separate Property • if spouse w/o just cause abandons other or fails to comply w/
his/her obligations to the family, aggrieved spouse may
If: petition court for sole admin
• incurred during the marriage; and • during pendency of legal separation case, the court may
• for mere preservation designate either spouse as sole admin

Expenses to enable Spouse to commence or complete a Disposition/Encumbrance of Conjugal Property

Professional or Vocational Course
Governing Law (under FC)
• or other activity for self-improvement
Speci cally requires:
Value of what is donated/promised by Both Spouses in Favor • written consent of other spouse; or
of Common Legitimate Children • authority of the court for disposition/encumbrance of conjugal
partnership property
For:
*w/o w/c, the disposition/encumbrance shall be void*
• exclusive purpose of commencing or completing a
professional or vocational course; or
• written consent still required even if other spouse actively
• exclusive purpose of completing some activity for self- participated in negotiating for sale of property
improvement
Under NCC
Expenses of Litigation bet. Spouses
• in cases where sale is made before FC’s e ectivity
• unless suit is found to be groundless
• disposition of real property of conjugal partnership by
• if conjugal partnership is insu cient, the spouses are husband, w/o wife’s consent, is not void but merely voidable,
solidarily liable for the unpaid balance w/ their separate
and the wife could seek its annulment
properties
• annulment must be made during the marriage and w/in 10
years from the questioned transaction
OBLIGATIONS CHARGEABLE TO SEPARATE PROPERTY

• support of legitimate children of either spouse When Contract Void in its Entirety
• liabilities incurred by reason of a crime/quasi-delict
• expenses of litigation bet. spouses (if found to be groundless) • when, in the sale of conjugal properties, the consent of both
losses during marriage in any game of chance, betting, the husband and the wife is not obtained
•
sweepstakes or any other kind of gambling
• debts contracted during marriage, provided contracted by Diligence required for Buyers in GF
either (i) admin-spouse w/c did not bene t the community, or
(ii) one spouse w/o other’s consent w/c did not bene t family • veri cation of title covering property; and
• ante nuptial debts by either spouse w/c did not bene t the • inquiry re authority of transacting spouse to sell conjugal
family property in behalf of the other spouse
• expenses incurred during marriage on a separate property if
the same is not for its preservation DISSOLUTION/TERMINATION; LIQUIDATION

Notes: • governed by same rules applicable to absolute community

• for (1), (2) and (6), said obligations can be enforced against
conjugal partnership, provided that (i) spouse bound has no
exclusive properties or are insu cient, and (ii) responsibilities SEPARATION OF PROPERTY
of the conjugal partnership enumerated in article 121 have
already been covered SEPARATION OF PROPERTY OF SPOUSES DURING THE
• in case of absence or insu ciency of separate property of MARRIAGE
the debtor-spouse, the foregoing liabilities can be enforced
against the assets of the conjugal partnership, provided that When It may Govern
the responsibilities of the conjugal partnership enumerated in
article 121 FC have already been covered By Express Declaration in Marriage Settlement

ADMINISTRATION AND DISPOSITION OF CONJUGAL • if separation is agreed upon in the MS, the spouses may no
PROPERTY longer adopt ACP or CPG during the marriage, since these
regimes may only commence at precise moment of
Administration marriage’s celebration
• separation may refer to present property, future property, or
• belongs to both spouses jointly both
• in case of disagreement, husband’s decision prevails, subject • separation may be total or partial
to recourse to the court by wife for property remedy
• said recourse must be made w/in 5 years from date of *when partial, properties not agreed upon as separate shall
contract implementing such decision pertain to the absolute community*

Sole Administration, when allowed By Judicial Order

• if one spouse incapacitated/otherwise unable to participate in • upon nality of a decree of legal separation;
the admin of conjugal properties, the other may assume sole • upon a joint petition of the spouses for voluntary separation
power of admin, w/o need of court approval or authorization (or w/o need for a cause);
• upon petition for judicial separation due to a su cient cause

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By Failure of Surviving Spouse to liquidate the ACP/CPG of a Auto Termination of Administration

Previous Marriage terminated by Death
• alienation of any exclusive property of a spouse administered
• w/in 1 year period required by law, prior to contracting by the other automatically terminates the admin over such
another marriage property
• subsequent marriage is mandatorily governed by a regime of • proceeds of the alienation shall be turned over to the owner-
complete separation spouse

Judicial Separation for Su cient Cause

PROPERTY REGIME OF UNIONS W/O MARRIAGE
Grounds
PROPERTY REGIMES IN VOID MARRIAGES
• other spouse sentenced to penalty carrying civil interdiction
• other spouse judicially declared an absentee • no absolute community or conjugal partnership in void
• other spouse lost parental authority by court decree marriages at any point, even during period prior to
• other spouse abandoned petitioner or failed to comply w/ declaration of nullity
marital obligations • in the liquidation of the parties’ properties, the provisions on
• admin-spouse in MS has abused his/her power co-ownership apply, and such liquidation need not be made
• spouses have been separated in fact for at least 1 year, and in the same proceeding for declaration of nullity of marriage
reconciliation is highly improbable
Exception: When Subsequent Marriage Void by reason of
*presentation of the nal judgment from 1st to 3rd is enough non-compliance w/ article 40 (but Prior Marriage is Void Ab
basis for the grant of decree of judicial separation* Initio)

Revival of Previous Property Regime • property relations of parties to the subsequent marriage is
either ACP/CPG, as the case may be
Grounds • unless parties agree to a complete separation of property in a
MS entered into before the marriage

Voluntary For Su cient Cause PROPERTY REGIME UNDER ARTICLE 147

parties may agree to the revival, upon cessation of the ground w/ APPLICABILITY
even in the absence of a reason/ c was the basis of the judicial
ground order for separation • when man and woman, su ering no legal impediment to
marry each other, so exclusively live together as husband and
however, no voluntary if judicial separation is for a wife, under a void marriage or w/o bene t of marriage
separation may thereafter be su cient cause, the spouse can
granted again petition for judicial Requisites
separation, so long as there is a
new cause/ground
• man and woman legally capacitated to marry each other
• man and woman live exclusively w/ each other as husband
Procedure wife
• their union is w/o bene t of marriage or their marriage is void
• same as those followed upon reconciliation of spouses after
nality of legal separation EXAMPLES

Transfer of Administration of Exclusive Property to another • marriages declared void by reason of psychological
Spouse during the Marriage incapacity
• marriages celebrated w/o valid marriage license
By Agreement
RULE RE DISTRIBUTION OF PROPERTIES
Requisites
Wages and Salaries
• by means of a public instrument
• to be recorded in the registry of property of the place where • those earned by either party during cohabitation shall be
the property is located owned by the parties in equal shares
• will be divided equally bet. them, even if only one party
earned the wages while the other did not contribute thereto
By Order of Court upon Petition

Upon any of the . Grounds: Property acquired during Cohabitation

• other spouse becomes guardian of other
• other spouse judicially declared absentee • properties acquired by both parties during their union, thru
their work and industry
• other spouse sentenced to penalty w/c carries w/ it civil
interdiction • such shall be governed by rules on equal co-ownership
• other spouse becomes fugitive from justice, or is hiding as an • these are prima facie presumed to have been obtained thru
accused in a criminal case their joint e orts
• party who did not participate in the acquisition by the other
party of any property shall be deemed to have contributed
jointly in the acquisition thereof, if the former’s e orts
consisted in the care and maintenance of the family and of
the household

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 PERSONS

• fruits of couple’s separate property are not included in the co- When there is no such Valid Marriage
ownership (in contrast to CPG)
• during the cohabitation, the parties are prohibited from • share of party who acted in BF (either or both) shall be
disposing by acts inter vivos or encumbering their respective forfeited
shares in the co-owned property w/o other’s consent
Forfeiture shall take place upon Termination of Cohabitation, in
When Cohabitation is by Reason of Void Marriage, and only favor of:
One of the Parties acted in BF • common children, if any
• surviving descendants of party who acted in BF, in absence
Ownership shall be forfeited in favor of the . upon Termination of common children
of the Cohabitation: • innocent party, in absence of rst 2
• common children, if any;
• surviving descendants of party who acted in BF, in default of N/A TO SAME-SEX MARRIAGE/COHABITATION
common children;
• innocent party, in absence of rst 2 • w/ respect to property relations of same-sex cohabitations,
the same shall be governed by the applicable provisions of
PROPERTY REGIME UNDER ARTICLE 148 the Civil Code on Property

APPLICABILITY

• where the parties in union are incapacitated to marry each

other

Examples:
• bigamous marriage
• adulterous marriage
• relationships in a state of concubine
• relationships where both man and woman are married to
other persons
• multiple alliances of the same married man

Requisites

• must be incapacitated to marry each other, or they do not live

exclusively w/ each other as husband and wife
• their union is w/o the bene t of marriage, or their marriage is
void

Retroactive Application

• while the adulterous cohabitation of parties commenced

during the NCC’s e ectivity, article 148 of FC still applies
• reason being that the provision was intended precisely to ll
up the hiatus in article 144 of the NCC

RULE ON DISTRIBUTION OF PROPERTIES

Wages and Salaries

• those earned by each party belong to him/her exclusively

Property acquired during Cohabitation

• only properties acquired by both parties thru actual joint

contribution of money, property and industry shall be owned
by them in common, in proportion to their respective
contributions
• mere cohabitation w/o proof of contribution shall not result in
a co-ownership
• still, applicable co-ownership shall apply only to the extent of
the proven contribution

When a Party to Cohabitation is married to Another

• his/her share in the co-ownership shall accrue to the absolute

community or conjugal partnership existing in such valid
marriage

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FAMILY FAMILY HOME

—————————————————————————————————
IN GENERAL
THE FAMILY AS AN INSTITUTION
Concept
FAMILY RELATIONS
• dwelling place of a person and his family
Extent • real right, w/c is gratuitous, inalienable and free from
attachment, constituted over dwelling place and plans on w/c
• bet. husband and wife it is situated
• bet. parents and children • confers upon a particular family the right to enjoy such
• among other ascendants and descendants properties, w/c must remain w/ the person constituting it and
• among brothers and sisters, whether of full or half-blood his heirs
• cannot be seized by creditors, except in certain special cases
*enumeration is exclusive, and de nes the operation of article
151 of the FC* How Constituted

Earnest E orts toward Compromise Prior to August 3, 1988 On or After August 3, 1988

• if suit is between “members of same family,” there must be

prior earnest e orts towards a compromise either judicially or extrajudicially, deemed constituted on a house
• otherwise, the case must be dismissed as provided under articles 225, and lot from time it is occupied
229-231, and 233 of the nCC as a family residence, w/o need
• however failure to comply is not a jurisdictional defect, and if to constitute the same judicially
opposing party fails to raise said defect in a MTD, it is or extrajudicially
deemed waived
Judicial Constitution - requires:
exemption is ine ective from the
“Members of Same Family” (i) ling of veri ed petition time it was constituted, and
before the courts; and
lasts as long as any of its
(ii) registration of court order w/ bene ciaries under article 154
• relations enumerated under article 150 of FC Registry of Deeds of area resides therein
• if there is a stranger to the suit (example: in-law), compliance where property is located
w/ article 151 is not jurisdictional for the action’s maintenance
Extrajudicial Constitution -
Family Home should belong to
Cases not Subject to Compromise (i) governed by articles the ACP/CPG;

240-242 of Civil Code;

• civil status of persons (ii) involves execution of public or, if exclusively by 1 spouse, its
• validity of marriage or legal separation instrument (w/c must also be constitution must have been (i)
any ground for legal separation registered w/ Registry of w/ consent of other spouse, and
•
Property) (ii) its value must not > certain
• future support
amounts, depending on area
• jurisdiction of courts where it’s located
• future legitime
failure to comply w/ either mode debts incurred for w/c
will bar a judgment debtor from exemption does not apply, as
availing of the privilege provided under article 155 for w/
c the family home is made
answerable, must have been
incurred after August 3, 1988

Rule re Those already existing upon E ectivity of the FC

• family residences not judicially/extrajudicially constituted as a

family home prior to FC’s e ectivity, but were existing
thereafter, are considered family homes by operation of law
• they are prospectively entitled to the bene ts accorded to a
family home under the FC

Notes:
• law explicitly provides that occupancy of family home, either
by owner thereof or by “any of its bene ciaries,” must be
actual
• actual occupancy however need not be by the house’s owner
speci cally, as rather, the property may be occupied by the
bene ciaries enumerated in article 154

Where Constituted

Family home must be part of Properties of:

• absolute community;
• conjugal partnership;
• exclusive properties of either spouse, w/ latter’s consent; or
• of unmarried head of the family

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Established on Properties of: If constituted after E ectivity of FC

• absolute community;
• conjugal partnership; or • proof that alleged family home was constituted jointly by
• exclusive property of either spouse, w/ other’s consent husband wife, or by an unmarried head of a family
• house where they and their family actually reside, and lot on
Notes: w/c it is situated
• can be established partly on community property, or conjugal • family home is part of the properties of AC/CP, or of exclusive
property, and partly on exclusive property of either spouse w/ properties of either spouse w/ latter’s consent, or on property
consent of latter of the unmarried head of the family
• cannot be established on property held in co-ownership w/ • at time of its constitution, actual value of family home not >
3rd persons P300k (in urban areas) or P200k (in rural areas)
• if constituted by an unmarried head of a family, where there is
no communal or conjugal property existing, it can be Exceptions
constituted only on his/her own property
• for non-payment of taxes
Who may Constitute • for debts incurred prior to constitution of family home
• for debts secured by mortgages on the premises before or
• jointly, by husband and wife; or after such constitution
• by unmarried head of a family • for debts due to laborer’s, mechanics, architects, builders,
materialmen, and others who have rendered service or
*for purposes of availing bene ts of a family home, a person furnished material for the construction of the building
may constitute only 1 family home*
How and Who may invoke the Protection
Bene ciaries
How
First Set
• not su cient that person claiming exemption only alleges
• husband and wife; or property is family home
• unmarried head of the family (who constituted family home) • claim must be set up and proved to the Sheri , before sale of
the property at public auction
Second Set • failure to comply would estop property from later claiming
this exemption
• parents, ascendants, descendants, brothers and sisters (w/n
legitimate relationship); Personal Privilege
• living in the family home;
• depend upon head of family for legal support • right to exemption or forced sale under article 153 is a
personal privilege granted to the judgment debtor
Requisites • as such, it must be claimed by the debtor himself before sale
of property at public auction
• among the relationships enumerated in article 154 FC;
• live in the family home; Duration of Protection
• dependent for legal support upon head of the family
• from time of constitution of family home as such
*note illustrative case of Patricio v. Dario III, in pp. 194-195* • lasts so long as any of its bene ciaries actually resides
therein
Bene ts of Family Home
E ect of Increase in Family Home’s Actual Value
• exempt from execution, forced sale or attachment

Conditions precedent for Exemption By Reason of Involuntary By Reason of Voluntary

Improvement Improvement
If constituted prior to E ectivity of FC the one establishing the family article 160 applies, w/ certain
home should not be punished facts required to be established

• constituted either judicially or extrajudicially by making his home liable to

creditors
Judicial Constitution Extrajudicial Constitution hence, family home still enjoys Facts to be established:

protection from execution, force (i) there was an increase in its

Requires:
Involves;
sale, or attachment actual value;

(i) ling of veri ed petition (i) execution of public (ii) increase resulted from
before the courts; and
instrument; and
voluntary improvements on
(ii) registration of court’s order (ii) said public instrument is the property introduced by
w/ Registry of Deeds of area registered w/ Registry of the persons constituting the
where property is located Property family home, its owners or
any of its bene ciaries; and

Failure to comply w/ either of these modes of constitution shall bar (iii) the increased actual value
a judgment debtor from availing of the privilege exceeded the maximum
allowed under article 157

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 PERSONS

By Reason of Involuntary By Reason of Voluntary

Improvement Improvement

examples:
Subsequent improvements or
(i) conversation into a enlargement by Persons
residential area
constituting it, its Owners, or
(ii) establishment of roads and any of its Bene ciaries will still
other facilities be exempt…provided the .
Conditions are met:

(i) actual value of property at

time of constitution has been
determined to fall below
statutory limit;

(ii) improvement/enlargement
does not result in an
increase in its value
exceeding the statutory limit

otherwise, the family home can

be subject of a forced sale, and
any amount above the statuary
limit is applicable to obligations
under articles 155 and 160

E ect of Death of Person who constituted Family Home

Continuance of Family Home

• if there are bene ciaries who survive and are living in the
family home, it will continue for 10 years
• unless, at expiration of 10 years, there is still a minor
bene ciary (then family home continues until bene ciary
becomes of age)

Prohibition against Partition

• during the continuance of the family home, heirs cannot

partition same
• unless court nds compelling reasons therefore

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