GQ Best Answers - WRTH

Civil Law Review 1
Atty. Katrina Legarda

4C
Group Quiz Best Answers
GROUP QUIZ #1
1. Explain briefly whether the President can order a law to be published in any form other
than in the OG or a newspaper of general circulation.
ANSWER:
No, because publication in a newspaper of general circulation is an indispensable requisite

and that the absence of which constitutes denial of due process. Even in the amendment of
Art. 2, NCC by Executive Order No. 200, there is no other means of publication indicated
therein. (88)
The President cannot order the law to be published in any form other than the Official Gazette
because it is a legislative function, a task only to be performed by the legislative branch of the
government. Furthermore, Congress is the one that states when the law should take effect and
in what form should the law be published. (88)
2. When does the law become effective?
ANSWER:
Laws shall take effect after 15 days following the completion of their publication either in the
Official Gazette or in a newspaper of general circulation in the Philippines, unless it is otherwise
provided.
Moreover, based on Jurisprudence:

a. If date is specified– Upon the lapse of the said period following its complete publication
and not before.
b. If no date is specified– 15-day period, which may either be on the 15th or on the 16th day
depending on the language used by the Congress in fixing the effectivity date of the statute
c. 15th day - If the law declares that it shall become effective “15 days after its publication”
d. 16th day - If the law declares that it shall be effective “after 15 days following its publication”
e. If the law provides for immediate effectivity or upon approval – It is effective immediately
after its complete publication and not after signing by the President.
f. If the law is voluminous– Reckoning shall begin from the release of the last of the series.
(88)
According to Art. 2 of the Civil Code, laws shall take effect after 15 days following the
completion of their publication either in the Official Gazette, or in a newspaper of general
circulation in the Philippines, unless it is otherwise provided. (88)
3. Why must there be publication of a law?
ANSWER:
The clear object of this provision is to give the general public adequate notice of the various
laws which are to regulate their actions and conduct as citizens. Without such notice and
publication, there would be no basis for the application of the maxim ignoratia legis nominem
excusat. It would be the height of injustice to punish or otherwise burden a citizen for the
transgression of a law which he had no notice whatsoever, not even a constructive one.
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Moreover, Publication in accordance with Tañada is mandatory to comply with the due process
requirement because the Rules of Procedure put a person’s liberty at risk. (88)
Publication of the law serves as a notice to every citizen. According to Tañada vs Tuvera, the
Court stated that it would be the height of injustice to punish a citizen who had no notice of the
law which he violated. (88)
4. What kind of laws, rules and regulations must be published?
ANSWER:
Sec. 24 of the Revised Administrative Code requires that the following shall be published in the
Official Gazette:
a. All legislative acts and resolutions of a public nature.

b. All executive and administrative issuances of general application.
c. Decisions or abstracts of decisions of the Supreme Court and the Court of Appeals or other
courts of similar rank, as may be deemed by said courts of sufficient importance to be so
published.
d. Such documents or classes of documents as may be required so to be published by law.
e. Such documents or classes of documents as the President shall determine from time to
time to have general application or which he may authorize so to be published.
The publication of any law, resolution or other official documents in the Official Gazette shall
be prima facie evidence of its authority.
Furthermore, Exec. Order 200 amended Article 2 of the NCC whereby the laws to be effective
must be published either in the Official Gazette or in a newspaper of general circulation in the
country. (88)
General laws, rules, and regulations which are mandatory and punitive in character should be
published in the Official Gazette. (88)
5. To which laws is the maxim Ignorantia legis neminem excusat applicable?
ANSWER:
Mandatory and Prohibitory Laws. In the case of DM Consunji vs. CA G.R No. 137873, April 20,
2001 the wife of the construction worker who died was ignorant of her right to claim under the
Employee Compensation Commission when she filed death benefits. Petitioner DM Consunji
invoked the Ignorance of the law provision but the SC rejected it. This may be deduced from
the language of the provision, which, notwithstanding a person’s ignorance, does not excuse
his or her compliance with the laws. The rule in Floresca allowing private respondent a choice
of remedies is neither mandatory nor prohibitory. Accordingly, her ignorance thereof cannot be
held against her. (88)
The laws referred to are those local laws, whether civil or penal, and whether substantive or
remedial. It also only applies to laws which are mandatory or prohibitive laws. (88)
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6. What is the difference between Ignorantia juris non excusat and Ignorantis facti excusat?
Give concrete examples in civil law.
ANSWER:
Art. 3 of the Civil Code: Ignorance of the law excuses no one from compliance therewith. This
presumption in Philippine law is based on convenience, public policy and necessity. It is derived
from the Latin maxim “ignorantia legis neminem excusat.” However, this rule only refers to the
existence of a law, not to mistakes regarding its application or interpretation. In other words,
every person in Philippine jurisdiction is presumed to know that a law regarding a particular
conduct exists, even though in reality, he has not read or even heard about the the law before.
If a person violates a law, even though in truth he does not know that such law exists, such
ignorance of its existence is not a valid legal defense and will not excuse him from the legal
consequences of the law’s violation.
However, if a person made a mistake borne out of a difficult question of law as to its
interpretation or application, such ignorance constitutes an excuse and is a valid legal defense.
(88)
These refer to Ignorance which may either be of law or fact. Ignorance of fact may excuse a
party from the legal consequences of his conduct but ignorance of law does not because
everyone is presumed to know the law. (88)
7. Give concrete examples in civil law. (group 5 has no answer)
ANSWER:
Mistake of fact happens when one or both parties believe that the solemnizing officer had
authority to solemnize their marriage.
Mistake of law happens when one or both parties believe that the mayor had authority to
solemnize their marriage in 1989. (88)
8. Why are RPC Article 22 and FC Article 256 important?
ANSWER:
The general rule is the law moves forward. However, Art. 22 of the RPC and Art. 256 of the FC
ensures that vested rights acquired under the old laws shall be protected and shall in no way
be impaired by the repealing law. Art. 22 of the RPC further provides that it shall have a
retroactive effect so long as they favor the persons guilty of a felony who are not habitual
criminals. (88)
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These articles are important because these are exceptions to the general rule in Art. 4 NCC,
that laws are to be construed as having only prospective operation. (88)
9. What is the spirit and intent of Article 4?
ANSWER:
The general rule is that the law must be applied prospectively. It follows the legal maxim Lex
prospicit, non respicit. The maxim means, “the law looks forward not backward.” The retroactive
application of a law usually divests rights that have already become vested or impairs the
obligations of contract and hence, is unconstitutional (88)
This article is related to the rule in Article 3 that ignorance of the law excuses no one from
compliance therewith. The obligatory force of law presupposes that it has been promulgated
and made known to the citizen, therefore a law that has not yet become effective cannot be
conclusively known by the people. To make a law binding even before it has taken effect may
lead to arbitrary exercise of the legislative power. If a subsequent law repealing or inconsistent
with a prior one would be applied to an act made in pursuance of or under the former law, the
law itself would be inconsistent, injustice would be committed and the people would never know
what law to follow. Therefore as a general rule, laws are to be construed as having only a
prospective operation. (88)
10. Give me an example of a mandatory law in civil law.
ANSWER:
An example of a mandatory law is Article 804 of the New Civil Code, which provides that: Every
will must be in writing and executed in a language or dialect known to the testator.
According to the Family Code, husband and wife are obliged to live together. Furthermore, the
Family Code also obliges husband and wife are jointly responsible for the support of the family.
(88)
11. Give me an example of a prohibitory law in civil law.
ANSWER:
An example of a prohibitory law is Article 818 of the New Civil Code on Joint Wills. The law
prohibits that two or more persons cannot make a will jointly, or in the same instrument, either
for their reciprocal benefit or for the benefit of a third person. (88)
According to the Civil Code, No person can change his name or surname without judicial
authority. (88)
12. Give me an example of a directory law in civil law.

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ANSWER:
Article 802. A married woman may make a will without the consent of her husband, and without
the authority of the court.
Article 803. A married woman may dispose by will of all her separate property as well as her
share of the conjugal partnership or absolute community property. (88)
According to the Civil Code, legitimate children and legitimated children shall use the surname
of the father. Adopted children shall bear the surname of the adopter. These laws are examples
of directory laws in Civil Law.
According to Art. 370 of the Family Code, a married woman may use: (1) her maiden first name
and surname and add her husband’s surname; (2) her maiden first name and her husband’s
surname; and (3) her husband’s full name, but prefixing a word indicating that she is his wife,
such as “Mrs.” Furthermore, Art. 379 of the Civil Code states that, the employment of pen
names or stage names is permitted, provided it is done in good faith, and there is no injury to
third persons. These CIvil Code provisions are an example of a permissive law. (88)
13. Give me an example of a permissive law in civil law.
ANSWER:
Article 86 of the Family Code, which provides: A donation by reason of marriage may be
revoked by the donor in the following cases:(1) If the marriage is not celebrated or judicially
declared void ab initio except donations made in the marriage settlements, which shall be
governed by Article 81; (2) When the marriage takes place without the consent of the parents
or guardian, as required by law; (3) When the marriage is annulled, and the donee acted in bad
faith; (4) Upon legal separation, the donee being the guilty spouse; (5) If it is with a resolutory
condition and the condition is complied with; (6) When the donee has committed an act of
ingratitude as specified by the provisions of the Civil Code on donations in general. (88)
According to Art. 370 of the Family Code, a married woman may use: (1) her maiden first name
and surname and add her husband’s surname; (2) her maiden first name and her husband’s
surname; and (3) her husband’s full name, but prefixing a word indicating that she is his wife,
such as “Mrs.” Furthermore, Art. 379 of the Civil Code states that, the employment of pen
names or stage names is permitted, provided it is done in good faith, and there is no injury to
third persons. These CIvil Code provisions are an example of a permissive law. (88)
14. What are the requisites of a valid waiver?
ANSWER:
Requisites of a valid waiver are the following:
a. Waiving party must actually have the right he is renouncing

b. He must have full capacity to make the waiver
c. Waiver must be clear and unequivocal
d. Waiver must not be contrary to law, public order, public morals, etc;
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e. When formalities are required, they must be complied with. (88)
The three (3) essential elements of a valid waiver, thus: "(a) existence of a right; (b) the
knowledge of the existence thereof; and, (c) an intention to relinquish such right.".
The Court expounded on these requisites stating that (a) waiver is made knowingly and
intelligently must be illustrated on the record or by evidence; (b) The person waiving must be
capacitated to make such waiver; (c) The person waiving must actually have the right he is
renouncing; (d) The waiver must be made clearly, but not necessarily expressed; (e) Waiver
must not be contrary to law, morals public policy public order and good customs. (f) The waiver
must not prejudice a right recognized by law. (88)
15. What are your different rights?
ANSWER:
a. Natural Rights – Those which grow out of the nature of man and depend upon personality
(e.g., right to life, liberty, privacy, and good reputation).
b. Political Rights – Consist in the power to participate, directly or indirectly, in the

establishment or administration of government (e.g., right of suffrage, right to hold public
office, right of petition)
c. Civil Rights– Those that pertain to a person by virtue of his citizenship in a state or
community (e.g., property rights, marriage, equal protection of laws, freedom of contract,
trial by jury) (88)
Rights may be classified into political and civil rights. The political rights are those referring to
participation of persons in the government of the State, while civil rights include right to life,
physical security, to honor, and to individual liberty. There is also the right to teach and learn
freely, the right to write, to speak and the right to work. There are other rights such as the right
to collect a debt, right to sue, right to indemnity, among others. There are rights granted to a
person by the Constitution, such as those enumerated under the Bill of Rights in Art. III. (88)
16. Which of these can be waived by you? Explain your answer.
ANSWER:
Civil Rights and Patrimonial Rights. Art. 6 of the NCC provides that: rights may be waived,
unless the waiver is contrary to law, public order, public policy, morals, or good customs, or
prejudicial to a third person with a right recognized by law.
Moreover, jurisprudence explains that waiver is valid and effective so long as it is couched in
clear and unequivocal terms which leave no doubt as to the intention of a party to give up a
right or benefit which legally pertains to him. (88)
Political and civil rights may be waived, except for the right to life. The doctrine of waiver is
applicable to all rights and privileges to which a person is legally entitled, whether secured by
contract, conferred by statute, or guaranteed by the Constitution, provided that such rights and
privileges rest in the individual and are intended for his sole benefit. The waiver also has to
meet the required requisites for its validity and must not be contrary to provisions of law. (88)
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17. Give an example of a civil law, or parts thereof, which has been impliedly repealed.
ANSWER:
Article 26 of the Family Code and in the case of Republic of Manalo wherein the SC also held
that a foreign decree of divorce may be recognized in the Philippines although it was the Filipino
spouse who obtained the same. (88)
Article 13 of the NCC was impliedly repealed by Sec. 31 of the Administrative Code. Under the
Civil Code a year is equivalent to 365 days while the Administrative Code states that a year is
composed of 12 months. There obviously exists a manifest incompatibility in the manner of
computing legal periods. Hence the Court ruled that the Administrative Code being a more
recent law governs the computation of legal period. (88)
18. What are the effects of an implied repeal in practice?
ANS: Repeal by implication proceeds on the premise that where a statute of later date clearly
reveals an intention on the part of the legislature to abrogate a prior act on the subject, that
intention must be given effect. (88)
If the provision of two acts on the same subject are in an irreconcilable conflict, the later act to
the extent of the conflict constitutes an implied repeal on the prior act. However, if the later act
covers the whole subject of the prior act and is clearly intended to substitute it will operate to
repeal the earlier law. If a prior law is impliedly repealed, the repeal of the releasing law will
revive the prior law unless the language of the last law provides otherwise. (88)
19. What are the differences between a Custom and a Law?
ANS: The difference between a Custom and a Law is that a custom is formed by repetition of
acts uniformly based and observe as a social rule, such custom must be done habitually; a law,
is created through the initiative of the congress. (88)
A custom is a rule of human action established by repeated acts, and uniformly observed or
practiced as a rule of society, through the implicit approval of the lawmakers, and which is
therefore generally obligatory and legally binding. While laws are rules of conduct or action
prescribed or formally recognized as binding or enforced by a controlling authority. Laws are
promulgated by legislature and enforced by the executive branch of government. Unlike
customs, laws need not be proven as a fact and there is no need for repeated acts in order to
make the law effective. (88)
20. How and when can you use custom?
ANSWER:
Custom must be proved as a fact, according to the rules of evidence. There must be a showing
of the following before custom may be used:
a. Plurality of acts
b. Uniformity of acts
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c. General practice by the great mass of people of the country or community
d. Continued practice for a long period of time
e. General conviction that the practice is the proper rule of conduct
f. Conformity with law, morals, or public policy (88)
A custom must be proven as a fact, according to the rules of evidence. There must be a number
of repeated acts and these acts must have been uniformly performed. They must not be
contrary to law, public order, or public policy. And there must be a juridical intention to make a
rule of social conduct within a sufficient lapse of time. (88)
21. What is the difference between Article 13 and Sec. 31 of the Revised Administrative Code?
ANSWER:
As provided for by the Civil Code, a “year” is equivalent to 365 days whether it be a regular or
a leap year.
As provided for by the Revised Administrative Code, a “year” is composed of twelve (12)
months. A “month” is composed of thirty (30) days. A “day” is composed of twenty-four (24)
hours. (88)
Article 13 of the Civil Code and Section 31 of the Administrative Code deal with the same
subject matter, the computation of legal periods. However, under the Civil Code, a year is
equivalent to 365 days whether it be a regular year or a leap year. Under the Administrative
Code of 1987, a year is composed of 12 calendar months. Needless to state, under the
Administrative Code of 1987, the number of days is irrelevant. There obviously exists a
manifest incompatibility in the manner of computing legal periods under the Civil Code and the
Administrative Code of 1987. For this reason, The Court held that Section 31 of the
Administrative Code being the more recent law, governs the computation of legal periods. Lex
posteriori derogat priori. (88)
22. From the cases you have read, give one example each of the Nationality Principle in:
a. Marriage – In Tenchavez v. Escaño, the Supreme Court ruled that, the valid marriage
between Pastor Tenchavez and Vicenta Escaño remained subsisting and undissolved
under Philippine Law, notwithstanding the decree of absolute divorce that the wife sought
and obtained from the State of Nevada, on grounds of "extreme cruelty, entirely mental in
character". At the time the divorce decree was issued, Vicenta Escaño, like her husband,
was still a Filipino citizen. She was then subject to Philippine law, and Article 15 of the Civil
Code of the Philippines, already in force at the time, expressly provided: "Laws relating to
family rights and duties or to the status, condition and legal capacity of person are binding
upon the citizens of the Philippines, even though living abroad."
b. Succession – In Amos vs. Bellis, Article 16, par. 2, and Art. 1039 of the Civil Code, render
applicable the national law of the decedent, in intestate or testamentary successions, with
regard to four items: (a) the order of succession; (b) the amount of successional rights; (e)
the intrinsic validity of the provisions of the will; and (d) the capacity to succeed.
c. Property – In Tayag vs. Benguet Consolidated, it is often necessary to have more than
one administration of an estate. When a person dies intestate owning property in the
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country of his domicile as well as in a foreign country, administration is had in both countries.
That which is granted in the jurisdiction of decedent's last domicile is termed the principal
administration, while any other administration is termed the ancillary administration. (88)
Marriage: In Republic vs Orbecido III, the Court applied the nationality principle in stating that a
divorce decree that was obtained by a foreigner spouse against a filpino allows the Filipino
spouse to remarry again.
Succession: in Amos vs Bellis, the Court applied the nationality principle in stating that the national
law of the decedent shall apply to 4 items: (1) order of succession, (2) amount of successional
rights, (3) intrinsic validity of the will, and (4) the capacity to succeed.
Property: In Tayag vs Benguet Consolidated, the Court stated that the domiciliary place of the
decedent shall have principal administration over his properties there and the other
administration shall have ancillary administration. (88)
23. From the cases you have read, what do you understand by this principle of sovereignty?
Give one example in civil law.
ANSWER:
Sovereignty refers to the exercise of power by a state or country. It refers to the full right and
power of the government to manage that state without having any help or interference from
other political entities. It is also the legitimate authority or supreme legitimate authority or
supreme authority within a territory. (88)
In the case of Falcis vs Civil registrar, the principle states that it is the people in their sovereign
capacity to decide on issues affecting their rights and obligations. And in the exercise of this
sovereign power, the people granted full discretionary authority and have been delegated to
the legislative or executive branch of the government.
Another example is in the case of Raytheon, the Philippine court may proceed to try the case
even if the rules of the conflict of laws point to a foreign forum. This is an exercise of sovereign
prerogative of the country where the case is filed. (88)
24. Give one example in civil law. (Group 5 no ans)
When the contracting parties enter into a contract with a choice of law clause, and when a case
is filed in a Philippine court and where the court has jurisdiction over the subject matter, the
parties and the res. The Philippine court may or can proceed to try the case even if the rules
of conflict-of-laws or the convenience of the parties point to a foreign forum. This is an exercise
of sovereign prerogative of the country where the case is filed. (88)
25. From the cases you have read, what do you understand by human relations?
ANSWER:
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Human Relations relates that every person should act with justice and fairness towards others,
to give everyone fair credit what is due to the, and that no one should be unjustly enriched.
That everyone person has the duty and responsibility to act consciously to prevent damage or
harm to other people. (88)
It means that every person, in exercising the rights, may act in the legitimate exercise of these
rights as long as these acts cause no injury to others or prejudice others rights. It may also be
the source of rights indemnifying acts which causes damage to a person. (88)
26. Give a concrete example in your everyday life (group 5 has no answer)
ANSWER:
In the exercise of a person's right to travel, particularly driving a motor vehicle. A person must
in the exercise of legal right or duty, act in good faith. He would be liable if he instead acted in
bad faith, with intent to prejudice another. (88)
27. Using a table, what is the difference between Juridical Capacity and Capacity to Act?
ANSWER:
Juridical Capacity Capacity to Act

It is the fitness to be the subject of legal It is the power to do acts with legal effect.
relations.
It is not inherent and therefore is acquired.
It is inherent in every natural person, therefore
is not acquired. Capacity to act may be lost through other
means or circumstances.
Juridical Capacity is lost only through death.
Capacity to act may be limited or restricted by
Juridical Capacity cannot be limited or certain circumstances. (88)
restricted.
Juridical Capacity Capacity to Act
Fitness of a man to be the subject of legal The power to do acts with juridical effects.
relations
It is inherent Acquired through the fulfillment of specific legal

activities
Lost only through death Lost through death and other causes
Juridical capacity can exist without capacity to Capacity to act always exist with juridical
act capacity
Juridical capacity is not limited Capacity to act is limited by Art 38 and Art 39 of
the NCC. (88)
28. What are the effects of death on persons and families, on obligations and contracts?
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ANSWER:
Upon the death of a person or a decedent, some of his rights and obligations that are personal
to him are completely extinguished, thus his juridical capacity to be a subject to legal relations
is also extinguished. However, according to law, some of his property, rights and obligations
which are not purely personal to him, may be transmitted to his heirs or successors, as provided
for by his will or by operation of law. (88)
a. Juridical capacity is lost (Art. 37, NCC)

b. Civil personality is extinguished (Art. 42, NCC)
c. Absolute community terminates (Art. 99, FC)
d. Community property shall be liquidated (Art. 103, FC)
e. Conjugal partnership terminates (Art. 126, FC)
f. Conjugal partnership property shall be liquidated (Art. 130)
g. Heirs of the husband may impugn filiation of a child if child was born after the husband’s
death (Art. 171, FC)
h. Parental authority terminates permanently (Art. 228, FC)
i. Possession of hereditary property is deemed transmitted to the heir (Art. 533, NCC)
j. Offer made (to enter into a contract) becomes ineffective (Art. 1323, NCC)
k. Dissolution of a partnership is caused (Art. 1830, NCC)
l. Agency is extinguished (Art. 1919, NCC) (88)
29. Which cases of incapacity automatically cease?
ANSWER:
Minority and Civil interdiction. Minority as an incapacity will automatically cease when the
person attained the age of majority. Civil interdiction as an incapacity will automatically ceased
when the person has already completed his sentence. (88)
30. Which cases of incapacity need a court order or decree?
ANSWER:
a. Civil interdiction
b. State of being Deaf Mute
c. Absence
d. Insanity
e. Prodigality (88)
Incapacity that need court order to cease to exist are insanity, prodigality, insolvency and
trusteeship, and being an alien. (88)
31. Which cases of incapacity are inherent and will continue till death?
ANSWER:
a. State of being a deaf-mute

b. Imbecility
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c. Alienage (88)
Incapacity that are inherent and will continue till the death of the person are being deaf-mutism,
insanity, and family relation. (88)
32. Compare the capacities of the following as to contractual capacity using the table above:
ANS:
0%----------25%----------50%---------75%----------100%
a. A fetus – 5% The legal capacity of a fetus is essentially limited, because it is only for
purposes favorable to the and it is provisional or conditional, because it depends upon the
child being born alive later, such that if it is not born alive, its personality disappears as if it
had never existed
b. An infant – 10% The infant acquires juridical capacity and legal personality to contract
upon birth, however, as an infant, the court may appoint the parent or guardian as
administrator of his affairs up to such time he is able to handle such things;
c. A 15 year old – 25% He/she may have full capacity to contract if he/she acted with
discernment, but if the 15 year old entered the contract through threat, coercion and
intimidation, such contract may be voidable
d. An 18 year old – 50% He/She is presumed to have a full capacity to contract without any
need from parents or guardian as long as he is not declared incapacitated by the court.
e. A married person – 75% Either spouse has a partial capacity to contract because the
consent of the spouse is needed in entering contracts that concerns the benefit of their
property regime.
f. A single person above 25 – 85% He/she is presumed to have a full capacity to contract.
(88)
1) A fetus: A fetus has no legal personality because it is still inside the body of the mother.
2) An infant: An infant has no contractual capacity because he or she is still a minor.
3) A 15 year old: A contract entered by a 15 year old is voidable because they have limited
contractual capacity due to minority.
4) An 18 year old: A contract entered by an 18 year old will be valid because they have attained
the age of majority.
5) A married person: A married person has limited contractual personality in the sense that they
can only dispose of their property only if his or her spouse gives his or her consent to the sale
if the subject property is conjugal property.
6) A single person above 25: A single person above 25 has full contractual capacity and may
enter into a contract he or she desires. (88)
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Answers from Group 1 and 5
GROUP QUIZ #2
(55.5/68)
1. What is the difference between a contract of marriage and an ordinary contract?
A marriage contract is a permanent contract that can only be entered by a man and a woman. It
can only be dissolved by death of one of the contracting parties, unless it is annulled or declared
null and void for legal causes as decided by the court. The rights and duties of the contracting
parties are fixed by law and cannot be subject to any other stipulation, except in marriage
settlements where parties may fix their property relations to a certain extent before they enter the
contract of marriage. That in cases of breach in the obligations of husband and wife does not give
rise to such action, but the law prescribes civil and penal sanction in violation thereof.
An ordinary contract, the agreement of the parties has the force of law between them. It can be
extinguished upon fulfillment of the obligation between the parties. That in cases of breach of
contract, it gives rise to an action for damages
2. What is the difference between Martinez v. Tan 12 Phil 731and Morigo v People, G.R. No.
145226, February 06, 2004?
The difference in the case of Morigo vs. People and Martinez vs. Tan is that, in Morigo, the first
marriage contracted by Mr. Morigo’s marriage with Barrete [wife] is void ab initio considering that
there was no actual marriage ceremony performed between them by a solemnizing officer instead
they just merely signed a marriage contract; it was void ab initio due to lack of ceremony and
solemnizing officer so it does not bear any legal effect; it has been noted that absence of any
essential requisites, renders the marriage void.
While in the case of Martinez vs. Tan, there is valid marriage between the parties, that even if they
claim that they merely signed a document for their marriage, the validity of their marriage was
proven. It was proven that both parties were able to read and write the Spanish language, and that
they knew the contents of the document which they signed; and under the circumstances in this
particular case were satisfied and what took place before the justice of peace on this occasion
amounted to a legal marriage. The essential requisites of a valid marriage were present in this case.
3. Compare and contrast: The cases of Wiegel and Terre. The cases of Bobis, Morigo and Abbas
The cases of Wiegel and Terre.
In the case of Wiegel, the Supreme Court stated that although the marriage may be null and void,
the parties are not allowed to assume its nullity and that there is a need of a judicial declaration of
such fact before the parties can marry again, otherwise the second marriage will be void. This ruling
is consistent with Article 40 of the Family Code.
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In the case of Terre, the Supreme Court stated here that even if the first marriage contracted was
incestuous because the spouses in the first marriage were first cousins, a judicial declaration of
nullity of marriage is still essential in order for the other spouse to remarry.
That in both cases, concerning Article 40 and 41 of the Family Code, a Judicial Declaration of
Nullity of Marriage is essential for the second marriage of either spouse to be valid.
The cases of Bobis, Morigo and Abbas
In the case of Bobis, it was held that parties to a marriage are not permitted to judge for themselves
its nullity; that only competent courts have the authority to do so. That before the issuance of the
judicial declaration of nullity a party remarries, he is assumes the risk of being liable for bigamy.
In the case of Morigo, it was held that there is no bigamy, because the offender has not been legally
married in his first marriage. There is no first marriage because such marriage is void ab initio
because their marriage lacks consent because it was not solemnized in the presence of the
solemnizing officer. It was ruled that a judicial declaration of nullity is no longer needed.
In the case of Abbas, it was noted by the Supreme Court, even if the motive of Syed Abbas in
seeking to annul his marriage to Gloria was to evade a bigamy case, their marriage is still
considered void ab initio for lack a valid marriage license. The lack of marriage license cannot be
attributed to him, as it was Gloria who took steps to procure the same. Marriage license, a formal
requisite, is clearly absent, their marriage is void. There is no need for a judicial declaration of nullity
of marriage.
It can be inferred in these cases that in voidable marriages, once annulled, presentation of a Judicial
Declaration of Nullity of Marriage is needed in order for either party to contract a subsequent
marriage. While in void marriages, it is not necessary for the parties to present a Judicial
Declaration of Nullity of Marriage in order for either parties to contract a subsequent marriage.
(1) In which cases did the Supreme Court grant a nullity of marriage based on Article 36?
(2) Why did the Supreme Court grant the nullity of marriage in those cases?
(3) What were the reasons why nullity was denied in the other cases?
a. Granted
Reason:
Chi Ming Tsoi vs. CA The Supreme Court stated that, one of the essential marital
obligations under the Family Code is to procreate children.
Constant non-fulfillment of this obligation will destroy the integrity
or wholeness of the marriage. In the case at bar, the senseless
and protracted refusal of one of the parties to fulfill the above
marital obligation is equivalent to psychological incapacity.
Antoni vs. Reyes The Supreme Court stated that, respondent’s fantastic ability to
invent and fabricate stories and personalities enabled her to live
in a world of make-believe. This made her psychologically
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incapacitated as it rendered her incapable of giving meaning and
significance to her marriage. The root cause of respondent’s
psychological incapacity has been medically or clinically
identified, alleged in the complaint, sufficiently proven by
experts, and clearly explained in the trial court’s decision.
Te vs. Te The marriage was declared null and void under Article 36. The
psychologist who provided expert testimony found both parties
psychologically incapacitated. Petitioner’s behavioral pattern
falls under the classification of dependent personality disorder,
and respondent’s, that of the narcissistic and antisocial
personality disorder. There is no requirement that the person to
be declared psychologically incapacitated be personally
examined by a physician, if the totality of evidence presented is
enough to sustain a finding of psychological incapacity.
Azcueta vs. RP A person afflicted with a psychological disorder cannot comply

with or assume the essential marital obligations. It may be
stressed that the infliction of physical violence, constitutional
indolence or laziness, drug dependence or addiction, and
psychosexual anomaly are manifestations of a sociopathic
personality anomaly.
Halili vs. Halili It was found that, petitioner’s dependent personality disorder
was evident in the fact that petitioner was very much attached to
his parents and depended on them for decisions.
Camacho vs. Reyes It was found by that Supreme Court that in the instant case,
respondent’s pattern of behavior manifests an inability, nay, a
psychological incapacity to perform the essential marital
obligations as shown by his: (1) sporadic financial support; (2)
extra-marital affairs; (3) substance abuse; (4) failed business
attempts; (5) unpaid money obligations; (6) inability to keep a job
that is not connected with the family businesses; and (7) criminal
charges of estafa.
Kalaw vs. Fernandez The Supreme Court stated that, the determinant should be her
[wife] obvious failure to fully appreciate the duties and
responsibilities of parenthood at the time she made her marital
vows. Had she fully appreciated such duties and responsibilities,
she would have known that bringing along her children of very
tender ages to her mahjong sessions would expose them to a
culture of gambling and other vices that would erode their moral
fiber. Nonetheless, the long-term effects of the respondent’s
obsessive mahjong playing surely impacted on her family life,
particularly on her very young children.
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Dela Fuente vs. Dela It was found by the Supreme Court that, respondent's repeated
Fuente behavior of psychological abuse by intimidating, stalking, and
isolating his wife from her family and friends, as well as his
increasing acts of physical violence, are proof of his depravity,
and utter lack of comprehension of what marriage and
partnership entail. It would be of utmost cruelty for this Court to
decree that petitioner should remain married to respondent. After
she had exerted efforts to save their marriage and their family,
respondent simply refused to believe that there was anything
wrong in their marriage. This shows that respondent truly could
not comprehend and perform his marital obligations. This fact is
persuasive enough for this Court to believe that respondent's
mental illness is incurable.
Republic vs. Javier The Supreme Court emphasizes that the factual circumstances
obtaining in this specific case warrant the declaration that Martin
[husband] is psychologically incapacitated to perform the
essential marital obligations at the time of his marriage to
Michelle. This is neither a relaxation nor abandonment of
previous doctrines relating to Article 36 of the Family Code. The
guidelines in Molina still apply to all petitions for declaration of
nullity of marriage inasmuch as this Court does not lose sight of
the constitutional protection to the institution of marriage.
Republic vs. Mola Cruz The Supreme Court agreed that the disorder was found by the
CA to have begun when Liezl was an adolescent and continued
well into adulthood. It fully appreciated Liezl’s psychological
evaluation that revealed her unconsciousness of her disorder.
The courts a quo duly connected such aberrant acts of Liezl as
actual manifestations of her histrionic personality disorder. A
person with such a disorder was characterized as selfish and
egotistical, and demands immediate gratification. These traits
were especially reflected in Liezl’s highly unusual acts of
allowing her Japanese boyfriend to stay in the marital abode,
sharing the marital bed with his Japanese boyfriend and
introducing her husband as her elder brother, all done under the
threat of desertion. Such blatant insensitivity and lack of regard
for the sanctity of the marital bond and home cannot be expected
from a married person who reasonably understand the principle
and responsibilities of marriage.
b. Denied
Reason:
Santos vs. CA The Supreme Court held that psychological incapacity should
refer to no less than a mental (not physical) incapacity that causes
a party to be truly incognitive of the basic marital covenants that
concomitantly must be assumed and discharged by the parties to
the marriage which, as so expressed by Article 68 of the Family
Code, include their mutual obligations to live together, observe
love, respect and fidelity and render help and support. The
psychological condition must exist at the time the marriage is
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celebrated and must be incurable. Mere abandonment cannot
therefore qualify as psychological incapacity on the part of Julia.
Republic vs. Olaviano The Supreme Court stated that, what constitutes psychological
Molina incapacity is not mere showing of irreconcilable differences and
confliction personalities. It is indispensable that the parties must
exhibit inclinations which would not meet the essential marital
responsibilities and duties due to some psychological illness.
Najera vs. Najera The Supreme Court agreed that, the evidence presented by
petitioner regarding the physical violence or grossly abusive
conduct toward petitioner and respondent’s abandonment of
petitioner justifiable cause for more than one year are grounds for
legal separation only and not for annulment of marriage under
Article 1 of the Family Code.
Viñas vs. Viñas The Supreme Court stated that, in the case of Mary Grace [wife],
the documentary evidence offered do not sufficiently prove the
root cause, gravity and incurability of her condition and that it
existed at the inception of the marriage.
Malilin vs. Jamesolamin The Supreme Court agreed that, the root cause of the alleged
psychological incapacity of Luz was not medically or clinically
identified, and sufficiently proven during the trial. Based on the
records, Robert failed to prove that her disposition of not cleaning
the room, preparing their meal, washing the clothes, and
propensity for dating and receiving different male visitors, was
grave, deeply rooted, and incurable within the parameters of
jurisprudence on psychological incapacity.
Castillo vs. Republic The Supreme Court finds that there exists insufficient factual or
legal basis to conclude that Felipe's sexual infidelity and
irresponsibility can be equated with psychological incapacity as
contemplated by law. Aside from the psychologist, petitioner did
not present other witnesses to substantiate her allegations on
Felipe's infidelity notwithstanding the fact that she claimed that
their relatives saw him with other women. Her testimony,
therefore, is considered self-serving and had no serious
evidentiary value.
Del Rosario vs. Del Rosario The Supreme Court stated that, there must be proof of a natal or
supervening disabling factor in the person - an adverse integral
element in the personality structure that effectively incapacitates
the person from really accepting and thereby complying with the
obligations essential to marriage - which must be linked with the
manifestations of the psychological incapacity.
Bakunawa vs. Bakunawa The Supreme Court held that, in this case, the supposed
personality disorder of Manuel could have been established by
means of psychometric and neurological tests which are objective
means designed to measure specific aspects of people's
intelligence, thinking, or personality.
Garlet vs. Garlet The Supreme Court held that what Ms. De Guzman is saying is
that respondent was a spoiled child, and while it can be said that
respondent has grown up to be a self-centered and self-indulgent
adult, it still falls short of establishing respondent's psychological
incapacity characterized by gravity, juridical antecedence, and
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incurability, to render respondent's marriage to petitioner void ab
initio.
Republic vs. Tionglico The Supreme Court stated that, the psychologist, using meager
information coming from a directly interested party, could not have
secured a complete personality profile and could not have
conclusively formed an objective opinion or diagnosis of
Angelito’s psychological condition. To make conclusions and
generalizations on a spouse’s psychological condition based on
the information fed by only one side, as in the case at bar, is, to
the Court’s mind, not different from admitting hearsay evidence
as proof of the truthfulness of the content of such evidence. Apart
from the psychiatrist, Katrina did not present other witnesses to
substantiate her allegations on Lawrence’s psychological
incapacity. Her testimony, therefore, is considered self-serving
and had no serious evidentiary value.
Dan vs. Dan The Supreme court ruled that petitioner’s depiction of respondent
as irresponsible, childish, overly dependent on his mother,
addicted to video games, addicted to drugs, lazy, had
poor hygiene, and his refusal or unwillingness to assume
the essential obligations of marriage, are not enough. These traits
do not equate to an inability to perform marital obligations due to
a psychological illness present at the time the marriage was
solemnized. Psychological incapacity must be more than just
"difficulty," "refusal," or "neglect" in the performance, of some
marital obligations. It is not enough the respondent, alleged to be
psychologically incapacitated, had difficulty in complying with his
marital obligations, or was unwilling to perform these obligations.
Go-Yu vs. Yu The psychiatrist who examined petitioner confirmed this definition
by stating that in layman's terms, a person who is suffering from
Narcissistic Personality Disorder is one "who is self-centered and
[who] has prioritized [his/] her needs over the other or significant
person."
The Supreme Court questioned her [wife] based on the above

definitions alone, how can petitioner claim that she is suffering
from Narcissistic Personality Disorder when, as previously
discussed, through her own statements and admissions in her
petition and in her testimony in court, she has displayed full
knowledge and understanding of her and her husband's
obligations and has, in fact, committed positive acts towards
building and sustaining a family – then having displayed the
following and following the definition of narcissistic personality
disorder as provided by the psychiatrist, the petitioner does not
qualify as psychologically incapacitated,
Eliscupidez vs. Eliscupidez In the present case, however, the totality of the evidence
presented by the petitioner fails to convince this Court that
respondent suffered from a psychological incapacity that is
permanent or incurable, and that has existed at the time of the
celebration of the marriage. Although respondent was said to
have exhibited "dramatic, extroverted behavior" who was "prone
to insecurities and aggressive outbursts of emotions," these
characterizations fell short of proving that she was
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psychologically incapacitated to assume her marital
responsibilities.
While the Supreme Court commiserates with petitioner's

predicament, the evidence on record does not square with the
existence of psychological incapacity as contemplated by law and
jurisprudence. Petitioner and respondent's marriage cannot
therefore be declared null and void under Article 36 of the Family
Code.
4. What is the difference between a void and a voidable marriage?
A void marriage as to its nature is inexistent from time of performance, it cannot be convalidated, it
follows the rules of co-ownership as there is no community property, children are illegitimate except
those who falls under certain exceptions as provided for by the law and it may be impugned directly
or collaterally and can still be impugned even after the death of the spouses.
A voidable marriage is valid until annulled by a competent court, can be convalidated through
prescription or cohabitation, absolute community exists unless another property regime has been
agreed upon, children are legitimate if conceived before the decree of annulment and it cannot be
impugned collaterally.
GROUP WORK – TABULAR FORM
1. Compare Art. 147 and 148 FC.
ARTICLE 147 ARTICLE 148
1. Co-habitation where the parties are living 1. Co-habitation where the parties are
exclusively with each other as husband and NOT living exclusively with each
wife and are capacitated to marry each other other as husband and wife
2. Void marriages due to psychological 2. Same-sex unions

incapacity
3. Void marriages due to lack of marriage license, 3. Parties living together as husband
solemnizing authority, marriage ceremony or and wife, without benefit of marriage,
marital consent but are not capacitated to marry
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4. Void marriages due to mistake in identity 4. Void marriages where either party is
below 18 years of age
5. Void marriages under Art. 53 5. Void marriages due to bigamy or

polygamy
6. Void marriage due to incest under

Art. 38
7. Void marriages by reason of public

policy under Art. 38
2. Compare ACP and CPG.
ACP CPG
When it At the precise moment of Default property regime for
commences the celebration of the marriages celebrated
marriage [Art. 88, FC] before the Family Code
took effect
For marriages after the

Family Code, if agreed to
by the parties through a
marriage settlement.
What it consists of All the property owned by Proceeds, products, fruits,

the spouses at the time of and income of their
the celebration of the separate properties
marriage or acquired
thereafter [Art. 91, FC]
Everything acquired by
them during marriage
through their own efforts
Everything acquired by
them during marriage
through their own efforts
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Under the ACP, spouses Everything acquired
cannot exclude specific through their efforts or by
properties from the regime chance.
unless done in settlement.
Specific properties (Art.

117, FC)
1. Acquired by onerous
title during the
marriage at the
expense of the
common fund;
2. Acquired through
the labor, industry,
work,
or profession of
either or both
spouses
3. Fruits from common
property and net
fruits of the
exclusive property of
each spouse
4. Share of either
spouse in hidden
treasure, whether as
finder or owner of
property where
treasure was found
5. Acquired through
occupation such as
fishing or hunting
6. Livestock existing at
dissolution of
partnership in excess of
what is brought by either
spouse to the marriage
7. Acquired by chance,
such as winnings
from gambling or
betting
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What it consists of Moral damages arising
from a contract paid from
the CPG
Loans contracted during

the marriage are conjugal,
and so is any property
acquired therefrom
Property purchased by
installment, paid partly with
conjugal funds and partly
with exclusive funds, if full
ownership was vested
during the marriage; the
CPG shall reimburse the
owner- spouse [Art. 118,
FC]
If a winning ticket is bought

by conjugal funds, the prize
is conjugal (otherwise, the
prize is exclusive property
of the spouse who owns the
ticket)
Improvement on exclusive
property: if original value <
new value (where new
value = value of land +
value of improvements +
net change in value), then
land becomes conjugal
property, subject to the
reimbursement of the value
of the property of the
owner-spouse at the
dissolution of the CPG
Property belonging to one

spouse converted into
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another kind totally different
in nature from its original
form during marriage
becomes conjugal in the
absence of proof that the
expenses of the conversion
were exclusively for the
account of the original
owner-spouse, subject to
reimbursement of the value
of the original property from
the conjugal partnership
What remains Properties acquired before Property brought into the

exclusive property the marriage, for those with marriage by each spouse
legitimate descendants by as his/her own
a former marriage (to
protect rights of children by
a former marriage)
Properties acquired during Properties acquired during

the marriage by a the marriage by a
gratuitous title, i.e. gratuitous title, i.e.
donation, inheritance by donation, inheritance by
testate and intestate testate and intestate
succession, including the succession (but the fruits of
fruits of such properties such properties form part of
the CPG)
Except: When expressly
provided by the donor or Except: When expressly
testator that the property provided by the donor or
shall form part of the ACP testator that the property
shall form part of the CPG
Properties for personal use Property acquired by right

of redemption, by barter, or
by exchange with property
belonging to either spouse
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Except: Jewelry (partakes Property purchased with
of the nature of an exclusive money of either
investment) spouse
Property purchased by
installment, paid partly with
conjugal funds and partly
with exclusive funds, if full
ownership was vested
before the marriage (Art.
118, FC)
Even if the installment is

completed after the
marriage, the property is
exclusive if ownership was
vested in one spouse
before the marriage
Presumption All properties acquired All property acquired during

during the marriage form the marriage, whether
part of the ACP, unless it be made, contracted, or
proven that they are registered in the name of
excluded. (Art. 93, FC) one spouse, are presumed
conjugal unless the
contrary is proven. (Art.
116, FC)
Charges and [Art. 94, 121-123 FC ]

Obligations
1. Support of the following:
i. Spouses;
ii. Common children;
iii. Legitimate children of previous marriage;
iv. Illegitimate children – follow the provisions
on Support; common property liable in case
of absence or insufficiency of the exclusive
property of the debtor-spouse, but the
payment shall be considered as an
advance to the share of the debtor-spouse.
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2. Expenses to enable either spouse to
commence/complete a professional/vocational
course or activity for self-improvement;
3. Value donated or promised by both spouses in
favor of common legitimate children for the
exclusive purpose of commencing/ completing a
professional/ vocational course or activity for self-
improvement
4. Generally: all expenses incurred with the consent
of the spouses or for the benefit of the family.
Charges and If community property is If conjugal partnership

Obligations insufficient, the spouses property is insufficient, the
are solidarily liable for the spouses are solidarily liable
unpaid balance from their for the unpaid balance from
separate properties except their separate properties.
for:
Gambling losses of any
1. Debts contracted by kind (i.e. legal or illegal)
either spouse before shall be borne by the losing
marriage which spouse’s separate property
have not redounded (Art. 123, FC)
to the benefit of the
family; Loan contracts signed by
2. Support of both spouses are conjugal,
illegitimate children; and they are jointly liable
and for payment, even if only
3. Liabilities incurred one spouse signs a
by either spouse subsequent promissory
arising note.
from crime or quasi- Indirect benefits that might

delict. accrue to a husband in
signing as a surety or
Gambling losses of any guarantee in an agreement
kind (i.e. legal or illegal) not in favor of the family but
shall be borne by the losing in favor of his employer
spouse’s separate property corporation are not benefits
(Art. 95, FC) that can be considered as
giving a direct advantage
accruing to the family.
Hence, the creditors cannot
go against the conjugal
partnership property in
satisfying the obligation
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subject of the surety
agreement. A contrary view
would put in peril the
conjugal partnership by
allowing it to be given
gratuitously as in cases of
donation of conjugal
partnership property, which
is prohibited.
Ownership, The administration and enjoyment of the

administration, community/conjugal property shall belong to both
enjoyment, and spouses jointly. In case of disagreement, the husband’s
disposition decision shall prevail, subject to recourse to the court by
the wife for a proper remedy, within 5 years from the date
of contract (Art. 96, 124 FC)
Spouses are not co-owners

of CPG during the marriage
and cannot alienate the
supposed 1⁄2 interest of
each in the said properties.
The interest of the spouses
in the CPG is only inchoate
or a mere expectancy and
does not ripen into title until
it appears after the
dissolution and liquidation
of the partnership that there
are net assets.
Either spouse may, through Disposition or

a will, dispose of his or her encumbrance of conjugal
interest in the community property requires the
property. (Art. 97, FC) following: Authority of the
However, the will should court or written consent of
refer only to his or her the other spouse. The
share in the community absence of such will render
property. such encumbrance void.
(Art. 124, par. 2, FC)
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Donation of one spouse without the consent of the other
is not allowed. (Art. 98, 125 FC)
Exceptions:
Moderate donations to charity or on occasion of family

rejoicing or distress
In the absence of (court) authority or written consent of

the other spouse, any disposition or encumbrance of the
conjugal property shall be void.
If however, one of the spouses is an alien, the Filipino

spouse may encumber or dispose of the property w/o the
consent of the former. The property is presumed to be
owned exclusively by the Filipino spouse.
Dissolution of the Terminates upon [Art. 99, 126 FC]:

regime
1. Death of either spouse – follow rules in Art. 103
2. Legal separation – follow rules in Arts. 63 and 64
3. Annulment or judicial declaration of nullity – follow
rules in Arts. 50 and 52
Judicial separation of property during marriage – follow

rules in Arts. 134 to 138
Rules on de facto De facto separation does not affect the ACP/CPG, except
separation that:
1. Spouse who leaves the conjugal home without just

cause shall not be entitled to support; however,
he/she is still required to support the other spouse
and the family
2. If consent is necessary for transaction but is
withheld or otherwise unobtainable, authorization
may be obtained from the court
3. Support for family will be taken from the ACP/CPG
4. If ACP/CPG is insufficient, spouses shall be
solidarily liable
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Effect of de facto If it is necessary to administer or encumber separate
separation property of spouse who left, spouse present may ask for
judicial authority to do this.
If ACP/CPG is not enough and one spouse has no

separate property, spouse who has property is liable for
support, according to provisions on support.
Rules on Abandonment [Art. 101, 128 FC] Present/aggrieved

Abandonment spouse may petition the court for:
1. Receivership
2. Judicial separation of property
3. Authority to be the sole administrator of the
absolute community, subject to precautionary
conditions that the court may impose
A spouse is deemed to have abandoned the other when

he or she has left the conjugal dwelling without any
intention of returning.
Spouse is prima facie considered to have abandoned the

other spouse and the family if he or she has:
1. Left for a period of 3 months

2. Failed to inform the other spouse of his or her
whereabouts for a period of 3 months
Rules on Physical separation of the

Abandonment spouses, coupled with the
husband’s refusal to give
support to the wife, sufficed
to constitute abandonment
as a ground for an action
for the judicial separation of
their conjugal property.
Liquidation of Procedure [Art. 102, FC] Procedure [Art. 129, FC]
assets and 1. Prepare an inventory of
liabilities 1. Prepare an all properties
inventory of assets
of ACP and of 2. Amounts advanced
spouses with market by CPG in payment
values of personal debts
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2. Obligations are paid and obligations shall
with community be credited to the
property, and CPG
separate obligations 3. Reimburse each
not charged to ACP spouse for the use of
paid by respective his/her exclusive
assets of spouses funds in the
acquisition of
If obligations exceed property or for the
the assets of the value of his or her
ACP, nothing is exclusive property,
divided. Creditors the ownership of
can go after the which has been
separate properties vested by law in the
of the spouses, conjugal partnership
which are solidarily 4. Debts and
liable for the obligations of CPG
deficiency shall be paid out of
the conjugal assets,
3. Delivery of whatever otherwise both
remains in their spouses are
exclusive property solidarily liable with
their exclusive
property
5. Remains of the
4. Balance, or net exclusive properties
remainder is divided shall be delivered to
equally between the respective owner-
spouses, or in spouses.
accordance to the 6. Indemnification for
proportion agreed loss/deterioration of
upon in the marriage movables belonging
settlement, to either spouse,
irrespective of how even due to
much each brought fortuitous event,
into the community used for the benefit
of the family
7. Net remainder of
CPG shall constitute
5. If personal the profits which
obligations of a shall be divided
spouse exceed equally between
his/her separate husband and wife
property, creditor except when:
can go after the
share of the spouse
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on the net i. A different
remainder of the proportion or
ACP, without division was
prejudice to the agreed upon
provisions of law on in the
forfeitures and marriage
delivery of settlements
presumptive ii. There has
legitimes been a
voluntary
waiver or
forfeiture of
6. After covering all such share as
community provided in
obligations and the FC
obligations of
spouses, balance of
separate properties
shall be delivered to 8. Presumptive
respective spouses legitimes are
or their heirs, and delivered to
they will also divide common children
into two equal 9. Conjugal dwelling
shares whatever is goes to:
left of the community
assets, without i. Spouse with
prejudice to the whom majority
provisions of law on of common
forfeitures and children choose
delivery of to remain (below
presumptive 7 y.o. = deemed
legitimes to have chosen
the mother
based on the
tender years
7. Presumptive presumption)
legitimes are ii. Whoever the
delivered to court chooses in
common children case of lack of
majority
8. Conjugal dwelling
goes to:
i. Spouse with
whom majority
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of common
children choose
to remain
(below 7 y.o. =
deemed to have
chosen the
mother based
on the tender
years
presumption)
ii. Whoever the
court chooses in
case of lack of
majority
Rules in case of termination of marriage by death of

one of the spouses [Art. 104, FC]:
1. The community property shall be liquidated in the

same proceeding for the settlement of the estate
of the deceased spouse.
2. If no such judicial settlement proceeding is
instituted, surviving spouse shall liquidate the
community property either judicially or extra-
judicially within one year from the death of the
deceased spouse.
a. If no liquidation is made within the period, any

disposition or encumbrance involving community
property of the terminated marriage shall be void.
b. Non-compliance with liquidation procedures would

mean that a subsequently contracted marriage will follow
a regime of complete separation of property.
Procedure for liquidation of properties of two

marriages [Art. 104, FC]:
Page 31 of 33
Civil Law Review 1
4C
Determine the capital, fruits, and income of each
community upon such proof as may be considered
according to the rules of evidence.
In case of doubt as to which community the existing

properties belong, they shall be divided between two
communities in proportion to the capital and duration of
each.
3. Compare the rights of biological parents and adoptive parents in the estate of an adopted
child.
Biological parents Adoptive parents
Can only inherit via Testate Adoptive parents can inherit because
succession. of reciprocal rights with the adopted
child.
Cannot inherit from the adopted child Can inherit by testate or intestate
via Intestate or legal succession. succession.
According to the law, in case of death of an adopted child, leaving no children or

descendants, his parents (biological parents) and relatives by consanguinity and
not by adoption (adoptive parents) shall be his legal heirs.
When the parents (Legitimate or illegitimate) of the adopted child concur with the
adopters, they shall divide the entire estate, ½ to be inherited by the parents and
the other half by the adopter.
4. Compare donation propter nuptias and an ordinary donation.
Donations propter nuptias Ordinary Donations

Does not require express acceptance Express acceptance required
May include future property (subject to Cannot include future property
formalities of wills)
If present property is donated and No limit to donation of present
property regime is not absolute property provided legitimes are not
community, limited to 1/5 [Art. 84, FC] impaired
Grounds for revocation found in Art. Grounds for revocation found in
86, FC donation laws Civil Code provisions
Page 32 of 33
Civil Law Review 1
4C
Answers from Group 5 (55.5/68)
Page 33 of 33

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Civil Law Review 1

Atty. Katrina Legarda

No, because publication in a newspaper of general circulation is an indispensable requisite

2. When does the law become effective?

Moreover, based on Jurisprudence:

3. Why must there be publication of a law?

4. What kind of laws, rules and regulations must be published?

a. All legislative acts and resolutions of a public nature.

5. To which laws is the maxim Ignorantia legis neminem excusat applicable?

7. Give concrete examples in civil law. (group 5 has no answer)

8. Why are RPC Article 22 and FC Article 256 important?

9. What is the spirit and intent of Article 4?

10. Give me an example of a mandatory law in civil law.

11. Give me an example of a prohibitory law in civil law.

12. Give me an example of a directory law in civil law.

13. Give me an example of a permissive law in civil law.

14. What are the requisites of a valid waiver?

Requisites of a valid waiver are the following:

a. Waiving party must actually have the right he is renouncing

15. What are your different rights?

b. Political Rights – Consist in the power to participate, directly or indirectly, in the

16. Which of these can be waived by you? Explain your answer.

18. What are the effects of an implied repeal in practice?

19. What are the differences between a Custom and a Law?

20. How and when can you use custom?

24. Give one example in civil law. (Group 5 no ans)

Juridical Capacity Capacity to Act

Juridical Capacity Capacity to Act

It is inherent Acquired through the fulfillment of specific legal

a. Juridical capacity is lost (Art. 37, NCC)

29. Which cases of incapacity automatically cease?

30. Which cases of incapacity need a court order or decree?

a. State of being a deaf-mute

1. What is the difference between a contract of marriage and an ordinary contract?

The cases of Wiegel and Terre.

The cases of Bobis, Morigo and Abbas

Azcueta vs. RP A person afflicted with a psychological disorder cannot comply

The Supreme Court questioned her [wife] based on the above

While the Supreme Court commiserates with petitioner's

4. What is the difference between a void and a voidable marriage?

GROUP WORK – TABULAR FORM

1. Compare Art. 147 and 148 FC.

ARTICLE 147 ARTICLE 148

2. Void marriages due to psychological 2. Same-sex unions

5. Void marriages under Art. 53 5. Void marriages due to bigamy or

6. Void marriage due to incest under

7. Void marriages by reason of public

2. Compare ACP and CPG.

For marriages after the

What it consists of All the property owned by Proceeds, products, fruits,

Specific properties (Art.

Loans contracted during

If a winning ticket is bought

Property belonging to one

What remains Properties acquired before Property brought into the

Properties acquired during Properties acquired during

Properties for personal use Property acquired by right

Even if the installment is

Presumption All properties acquired All property acquired during

Charges and [Art. 94, 121-123 FC ]

Charges and If community property is If conjugal partnership

from crime or quasi- Indirect benefits that might

Ownership, The administration and enjoyment of the