HUMAN RELATIONS.

Art 19 to Art 36

 Abuse of rights and unjust enrichment.

o Existence of a legal right or duty
o Exercised in bad faith
o For the sole intent of prejudicing or injuring another. (intent)
o Any violation of art 19, causes abuse of rights. Then file in court for
damages. There is malice or bad faith.
 Globe Mackay v. CA - read this case.
 FEBTC v. PACILAN – elements of abuse of rights. There is no
malice of bad faith on part of the bank.
 Cebu country club v. elizagaque – the exercise of a right, though
legal by itself, must nonetheless be in accordance with the proper
norm. there is bad faith or malice on part of the Cebu country club.
 Uypitching v. quiamco – there was an abuse of right committed by
uypitching
 Calatagan golf v. Clemente – BAD faith on part of calatagan is
palpable.
 Ardiente v. Javier - Javier is liable for damages. CDO WATER was
cut off. Pastorfide is entitled to damages.
 Sesbreno v. CA – veco checking w/n there was illegal connection of
electricity, sesbreno was not around. Veco personel were allowed
to enter the house by the helper. SESBRENO was a controversial
lawyer. Alleging that veco has no authority to go into his house
because they have no search warrant. SC said VECO is a private
establishment. No basis for the award of damage. BAR EXAM Q.
Read the case.
 Villanueva v. Rosqueta
 California clothing v. Quinones
 Saladaga v. Astorga – admin case. Art 19 was mentioned.
 Coca cola v. bernardo – the acts of coca cola constitutes a violation
of the rights of bernardo under art 19, 20, 21 and 28. Coca is liable
for abuse of rights and unfair competition.
 Art 20
o Any act which is against the law. Basis of damages.
  There is a legal act. Act or omission contrary to law.
 But which is contrary to morals, good customs, public order or
public policy
 Done with intent to injure (willful) deliberately intended.
 Bad faith/malice is at the core of this provision.
 Torts and quasidelicts. Art 2176.
 Art 21
o Contra bonus mores
 Not contrary to law but against morality, customs and policy
 Act must be intentional. PLANNED.
o Ex. Breach of promise to marry. No law punishing it but there is damage.
Only entitled to damages. To persons who are not at fault.
o Tortfeasor can be liable for damages.

 COMPARISON - ART 20 and Art 21.

 Define tort v. crime.

o Actionable wrong not defined by a specific law/ There is a law that
punishes the act
o Offended party is the complainant / offended party is the state.

 IS BREACH OF PROMISE TO MARRY AN ACTIONABLE WRONG? NO.

o To be actionable, there must be an act independent of the breach.
Wedding preparations expenses. Carnal knowledge.
o BAkSH v. CA – Iranian. – mere breach of promise to marry is not
actionable. However if there is carnal knowledge and promise to marry
was the proximate cause to the agreement to sexual intercourse – then a
woman can file for damages. READ
 Moral seduction
o Constantino v. mendez – case for damages under art 19 and 21, thru the
promise of marriage, she surrendered her virginity to him.
 SC said that damages could not be awarded if sexual intercourse is
a product of voluntariness and mutual desire.
o Bunag v. CA
 An action for breach of promise to marry has no standing in civil
law. There was abduction and carnal knowledge – promise to
marry to escape criminal liablity. After living together for 21 days.
Gone with the wind
 o Wassmer v. CA – there is expenses incurred. Thus, entitled to damages.
o Tanjanco v. CA – plaintiff woman maintains sexual intercourse. Such
conduct is incompatible with the idea of seduction. There was mutual
consent and passion.
o Bueanventura v. CA – Psychological incapacity. You cannot hold the
psychologically incapacitated spouse liable for damages. BAR EXAM.
Art 21 does not apply. There was no will fullness.
o PI – innate disability to comply with the essential marital obligations.

EXCEPTION. ACTIONABLE WHEN

 There is sexual intercourse.
 Preparations of the wedding – actual damages, principle of unjust
enrichment
 Criminal seduction - minor
 Moral seduction – more than 18 y/o – FRAUD AND DECEIT ENTITLES
TO MORAL DAMAGES
 No action for damages if both enjoyed the sexual act – IN PARI
DELICTO.
 If no sexual intercourse – moral damages due to humiliation and
embarrassment. Tortous act.
 Can only ask for damages if the act was done willfully.
 If prompted in good faith – not actionable. You later realize that you
really don’t love her. IN GOOD FAITH.

QUALIFIED SEDUCTION v. SIMPLE SEDUCTION.

 Virgin /not a virgin but has a high reputation.

 NIKKO HOTEL v. REYES – AMAI BISAYA

o DAMNUN ABSQUE INJURIA – damage without injury

o SC said there is no evidence that the organizer embarrassed REYES.
o There must be willfulness for damages to come in.
o TORTS EXAMPLE
 While driving, lightning struck, he bumped a man. Cause death.
 Injury results from the damage. Technical term. INJURY.
 Damage and injury are distinct in torts.
 Damage = loss, hurt, harm
 Injury = invasion of rights.
  Manila doctors v. Chua
o There is damnun absque injuria. It is within the right of the hospital to
downgrade the accommodation.

ART 22. Accion in REM VERSO – action for recovery of what has been paid without just
cause.

 When something is received when there is no right to demand at the expense

of another. DIFFERENTIATE WITH SOLUTIO INDEBITII under art 2154.
When something is received when there is no right to demand it, it being
delivered by mistake, duty to return arise.

ELEMENTS UNDER ART 22

 Defendant has been enriched
 Enrichment is without just or legal ground
 Plaintiff suffered a loss
 He has no other action based on contract, quasi contract, crime or quasi
delict.

 Doctrine of unjust enrichment

 No person can claim for a thing which is not validly his.

Art 308 RPC, Art 719 – LOST PROPERTY.

 6 months if not perishable.
 If ice-cream

 Filinvest v. Ngilay,

 Gonzalo v. Tarnate – BAR Q. there is deceit

 Hulst v. PR Builders.

Art 23. Even when an act or event causing damage to another’s property was not due to
the fault or negligence of the defendant.
  Unjust enrichment – no person can claim what is not validly or legally his or
hers.
 Art 23 – unjust enrichment
 Because of the benefit derived, the obligation to indemnify arises
 Need to distinguish whether the evil sought to be avoided is
greater than that suffered by the plaintiff.
 Art 432 – doctrine of state of necessity or doctrine of incomplete privilege.
Example - There was a fire. Firemen can’t access the burning house without
knocking down the wall. Firemen is not liable for the knocking down the wall,
for the sake of saving the subdivision.
 Because of the benefit derived, the obligation to indemnify arises
 The evil sought to be avoided must be greater than the damage
caused.

o Inre art 11 of RPC. Justifying circumstance

o Inre art 101

Art 24
 Court vigilance – law takes interest and the welfare of the weak and the
handicapped.
o Must render justice and must be very vigilant in protecting the rights of
the disadvantaged.
 Doctrine of parens patriae – inherent power of the state to provide protection to
the person and the incapacitated.
 SUMMON JUS, SUMMA INJURIA

ART 25
 Extravagance during emergency.
o Law seeks to prevent INCONSIDERATE and OSTENTATIOUS
ACTIVITIES
ART 26
 Protection of human dignity.
o TSISMIS. LIBAK.
 CASTRO v. PEOPLE – BAR EXAM. Sued for Criminal offense but only liable
Under ART 26.
 HING V. CHOACHUY – PRYING INTO SOMEONE’S RESIDENCE. ART 26.
VERY IMPORTANT.
ART 27
 Relief against public officials.
 Differentiate malfeasance, misfeasance, non-feasance.
o An act which his not supposed to do at all
o Improper doing of an act
o Non doing of an act – ministerial
 Campugan v. Tolentino. ROD function is ministerial. There is no irregularity on
the ROD. His duty is only ministerial
 When can mandamus lie? – ministerial function
 Can the OMB be compelled by mandamus to file a case against a town mayor for
a crime committed?
o Function of OMB is discretionary. Cannot be compelled by mandamus.
NO
o VERGARA v. OMB gr 17456.
 Omb has the discretion to determine w/n a criminal case should
be filed or not.
o LEDESMA v. CA
 VP of a College

Art 28. Unfair competition

Art 29 to 36 under remedial law.

Art 29.
 Separate civil action – preponderance of evidence

Art 30
 Dependent civil action.
 Civil obligation arising from a criminal offense.
 It is a felony. There is civil liability
 Art 100 of the RPC. Every person criminally liable is civilly liable.
 The civil action is deemed impliedly instituted with the criminal action
Exception to the general rule
o Expressly reserved
o Waiver
o Civil action is filed ahead of the criminal action
Exception to the exception
 BP 22 civil liability - no reservation.

Art 31.
 Civil obligation not arising from felony
 Arising from art 1157 law, contracts, quasi delict, quasi contracts.

Padilla v. CA - art 29

DY v. People – sued for estafa. But the court found that there was no element of
conversion. Case was dismissed. Incorporated in the order of dismissal the payment of
dismissal. Was it proper for the court to pay 21? NO. it must be instituted in a separate
civil action for the source of the obligation was a contract and not a felony. The civil
liability should be instituted in a separate civil action.

PP v. Bayotas. - IMPORTANT
 It begs the question w/n the death of the accused extinguish his civil liability
pending appeal. EX DELICTO IN SENSO STRICTIORE. The civil liability
survices.

Pilipinas shell v. Duque - the court absolved the spouses since their personality from
the corporation.

Cancio v. ISIP – READ THE CASE. INDEPENDENT CIVIL ACTION.

Art 32. pertains to public officials

 Allows the aggrieved party to file an Independent civil action. W/N the
defendants act or omission constitutes an offense.
 TAKE NOTE OF LAST PARAGRAPH OF ART 32. Art 204-207 of RPC.

MHP Garments v. CA
Newsounds vs. Dy – pertains to public officials

Art 33.
 Independent civil action. Define.

Art 34.
  Who is liable for damages? Members of Police force - primarily liable. The city
will be subsidiarily liable.
 Independent civil action.

Art 35.

INSTITUTION OF A CIVIL ACTION TO PURSUE CIVIL LIABILITY

 The rule depends on whether the civil action is dependent or independent.
 Refer to art 100 rpc, art 32 of NCC, 33, 34, 2176. Refer to screen shot

RULES: - refer to screenshot 8:25pm, oct 5.

What happens if the accused is acquitted on reasonable doubt?

 Evidence is insufficient.
 The court will have the accused civilly liable. Difference in the quantum of
evidence.
What if acquitted based on innocence?
 No crime. No basis.

When is the civil action waived by the offended party?

Effect of waiver if not timely made. – the civil action can no longer be pursued by the
complainant.

PREJUDICIAL QUESTIONS. SCREEN SHOTS BASED. 8:34pm screenshot.

Study – PREJUDICIAL QUESTIONS. SCREEN SHOTS BASED. 8:34pm screenshot.
 Definition
 Elements
 Sec 7 rule 111 of criminal procedure.
 YAP v. PARAS – upon petition and not motu proprio.
 Must be filed before the prosecution rests its case.
 Quiambao v. Osorio
 City of pasig v. Comelec.
 Umali v. iac – no prejudicial question
 Tuanda v. Sandiganbayan – there is a Prejudicial question.
 Bobis v. bobis
 Zapanata
  Beltran v. people.

Focus civil personality.

CIVIL PERSONALITY AND FAMILY CODE

CIVIL PERSONALITY
 Aptitude of being the subject; active or passive, of rights and
obligations

Art 37.
Juridical capacity, which is the fitness to be the subject of legal relations, is
inherent in every natural person and is lost only through death. Capacity to
act, which is the power to do acts with legal effect, is acquired and may be
lost.

Juridical Capacity
 Fitness to be the subject of legal relations
 Passive
 Inherent
 Lost only thru death
 Can exist without capacity to act
 Cannot be limited or restricted

Capacity to act
 Power to do ats with legal effects
 Active
 Merely acquired
  Lost thru death and other cause
 Cannot exist without juridical capacity
 Can be restricted, modified or limited

Natural Persons

When does civil personality begin?

 A conceived child, although as yet unborn, is given by law a
PROVISIONAL PERSONALITY, under art 40 of the NCC
o The unborn child has right to support
o The unborn child can receive donation
o Intra uterine life of 7mos until born. It already has civil
personality.
 Less than 7 months. No provisional personality.

Geluz v. CA – BAR Q.
 Action for damages filed by a father against a doctor who performed 3 abortions
on his wife
 W/N the husband has COA to recover damages arising from the death of the
fetus?
 RULING: ONLY HE WHO SUFFERED INJURY HAS THE RIGHT TO RECOVER
DAMAGES.
o In the case, the fetus died while it was still in the womb; it did not become
a person and it did not have any rights to transmit to the parents
o The father cannot claim damages on behalf of the child – absent any proof
of his anxiety and frustration from parental expectation.
o The father did not appear to be suffering from the agony of the death of
his child.

Civil Personality
 The capacity to possess rights and obligations and starts at birth.
 Provisional personality – yes there is life. Why? Because life begins at conception.
Fetus has a provisional personality. It has life already.

Continental steel v. accredited voluntary arbitrator.

 CIVIL PERSONALITY COMMENCES AT BIRTH, WHILE LIFE BEGINS AT
CONCEPTION.
 CIVIL PERSONALITY IS EXTINGUISHED BY DEATH. ALL RIGHTS AND
OBLIGATIONS DIE WITH HIM.

o Bereavement benefit was denied.

o The employee is entitled to bereavement benefit.

 Presumptions governing death

o Presumption of death rule 131 (w) Rules of court
 4 years absence
 Well-founded belief
 Diligent efforts to look far and wide
 This applies only when there is absence of evidence to prove the
fact of death [eastern shipping v. lucero]
 Lucero was a captain of a vessel. Phil to Hongkong and
back.
 Vessel encountered huge waves due to typhoon
 There is preponderance of evidence that the captain really
died when the vessel capsized.

o For purposes of Remarriage

 2 years

 The rule on presumption of death does not apply since there is

preponderance of evidence that the son really died when he
jumped off the vessel during the fire. [Victory shipping v. WCC]

o Presumption of survivorship on Para JJ – Rules on evidence

 CHAPTER 3 – Juridical Persons.

o The state and its political subdivisions,
o Other corporations, institutions, entities created by law,
o Partnerships, associations of private interests

 They have the capacity to:

o Acquire and possess property of all kinds
o Incur obligations
 o Bring civil or criminal suits

Art 50. NCC correlate with Art 51

o Domicile - fixed permanent residence to which, when absent, one has the
intention of returning
 It is residence coupled with the intention to remain for an
unlimited time
 Juridical presence
 Principal place of business can be shown by looking at the articles
of incorporation
o Residence
 Physical presence in the place

DOMICILE AND RESIDENCE OF PERSONS

For natural persons
 It is the place of habitual residence
For juridical persons
 In accordance with the law creating or recognizing them
o Exception – if the law is silent, the residence shall be understood to be the
place where their legal representation is established or where they
exercise their principal functions

UNDER ELECTION LAWS

 DOMICILE AND RESIDENCE ARE ONE AND THE SAME.

Requirements for the acquisition of new domicile

1) Bodily presence in new locality
2) Intention to remain therein – ANIMUS MANENDI
3) Intention to abandon the old domicile – ANIMUS NON REVERTENDI
FAMILY CODE
 Aug 3, 1988 – EO 209

Article 1. Marriage is a special contract of permanent union between a man and a

woman entered into in accordance with law for the establishment of conjugal and
family life. It is the foundation of the family and an inviolable social institution whose
nature, consequences, and incidents are governed by law and not subject to
stipulation, except that marriage settlements may fix the property relations during the
marriage within the limits provided by this Code. 

 Definition of marriage – art 1 of FC

1.) Special contract
2.) Permanent union
3.) Between a man and a woman
4.) Entered in accordance with law
5.) For the establishment of conjugal and family life
6.) Foundation of the family
7.) An inviolable social institution
8.) Whose nature, consequences and incidents are governed by law and not
subject to stipulation

 Special contract. Private affair contract but endowed with public

interest

o ZULUETA v. CA – Privacy in Marriage

 To get proof of her husband’s infidelity, a wife ransacked his office.
 The intimacy between husband of wife does not give right to the
spouse to privacy of communication and correspondence.
 Right to privacy. Marriage does not justify into the intrusion of
your privacy. The right to privacy is not surrendered in marriage.

 o Star paper v. Simbo – company policy prohibiting employees from the
same company of marrying each other is illegal. There is no evidence of
business necessity for such prohibition.

 Mail order brides are prohibited.

Art. 2. No marriage shall be valid, unless these essential requisites are present:
(1) Legal capacity of the contracting parties who must be a male and a
female; and
(2) Consent freely given in the presence of the solemnizing officer.

 ESSENTIAL

 LEGAL CAPACITY

o Must be at least 18 y/o; male and female.

o Same sex marriage has no place in this country
o Determined by the national law of the person. ART 15
of the NCC.
 Exceptions: art 26 first para: only applies to
filipino citizens.
 PRELIM QUESTION – VALID HERE, VALID
THERE.
 #1. Mixed marriage
 Apply the national law.
 Prohibitions only apply to filipino
citizens
 Art 17(3) of the NCC
 SILVERIO V. REPUBLIC
 No. petition was rejected.
 Problem cannot be solved by the court.
No law to apply. Go to Congress.
 Will only apply if the genitals are clearly
defined biological
 RP v. CAGANDAHAN - Jennifer
o Naturally Intersex.
  Absence of parental consent of persons 18-21,
would RENDER THE MARRIAGE
VOIDABLE.
 Voidable – valid unless annulled.
 It does not affect the marriage validity
because they are of age:
 But it is voidable – it may be annulled
 Delay the issuance of the Marriage
License for 3 months.
 Art 21. Foreigners obtaining a marriage license
 Submit a certificate of legal capacity to
contract marriage.
 15-year-old german, 18-year-old filipina.
o Allowed.
 Stateless persons – no nationality theory.
Apply article 21. Submit a certificate –
affidavit-
 Apply domiciliary theory. Marriage of a
stateless persons. Lex loci celebrationis.

 ABSENCE OF IMPEDIMENT
 Exception art 41- presumptive death
 Incestuous relationship – art 37
 Art 38 – against public policy
 Art 50 to 53 – liquidation of properties of the first
marriage. – render the subsequent marriage void.

 CONSENT
 Freely given in the presence of the solemnizing officer
o Shotgun marriage – intimidation.
o Vitiated consent that renders marriage voidable.
 Republic v Albios.
o Love may be ideal in marriage, but it is not when
it comes to its validity.
o Wife marriages in order to facilitate the acquisition
of the citizenship
 Still valid as long as consent was freely
given.
 Art 14-15
 18 y/o above but below 21
o Parental consent
 Lack of parental consent – VOIDABLE
 Can be cured if they freely cohabited upon
reaching the age beyond the requirement of
the law.
 Marriage counselling
 21 y/o above but below 25
o Parental advice
 Lack of parental advice – NO EFFECT as to
the validity but will suspend the issuance of
the marriage license for 3 mos from
completion of publication of the
application.
 Marriage counselling

Art. 3. The formal requisites of marriage are:

(1) Authority of the solemnizing officer;

(2) A valid marriage license except in the cases provided for in Chapter 2 of this Title;
and

(3) A marriage ceremony which takes place with the appearance of the contracting
parties before the solemnizing officer and their personal declaration that they take
each other as husband and wife in the presence of not less than two witnesses of legal
age.

 FORMAL

 AUTHORITY OF SOLEMNIZING OFFICER

 Good faith of either party is a defense; them believing
that the officer has authority to solemnize the marriage,
even if the latter has no authority. Art 35(2)
 VALID MARRIAGE LICENSE
 120 days validity from issue
  MARRIAGE CEREMONY
 The contracting parties appear before the solemnizing
officer
 There is personal declaration that they take each other as
husband and wife
 In the presence of not less than two witnesses of legal age

Marriage Certificate
 Considered the primary evidence of a marital union; but not regarded as the sole
and exclusive evidence of marriage.
 Other proof includes:
o Birth certificate
o Testimony of witnesses

Marriages celebrated abroad – VALID THERE, VALID HERE; – With exceptions. If it

falls in the exception – then the marriage is VOID.
 Governed by LEX LOCI CELEBRATIONIS
o Exception
 Either or both parties are below 18 y/o
 Bigamous or polygamous marriage
 Mistake in identity
 Marriage void under art 53. Contracted after annulment but before
the recording of partition
 Psychological incapacity
 Incestuous marriage
 Marriage void for reasons of public policy

 Basis is the principle of comity

 HOWEVER – if solemnized in the Philippine Consulate abroad – PHILIPPINE
LAWS must be observed.

Art. 4. The absence of any of the essential or formal requisites shall render the
marriage void ab initio, except as stated in Article 35 (2).

A defect in any of the essential requisites shall not affect the validity of the marriage
but the party or parties responsible for the irregularity shall be civilly, criminally and
administratively liable
EFFECTS OF ABSENCE OF THE REQUISITES

GENERAL RULE:
 Absence of any of the essential or formal requisites – VOID AB
INITIO
EXCEPTION:
 1.) When solemnizing officer – HAS NO AUTHORITY - the marriage is still
valid if either or both of the contracting parties believe in GOOD FAITH that the
officer has legal authority. ART 35(2)
 2.) Instances when the MARRIAGE LICENSE need not be procured
o Marriage in articulo mortis
o Remote residence; no means of transportation
o Solemnized outside of the Philippines, where a ML is not required in such
country
o Marriage among muslims or IP
o Marriage between persons who have lived together as H & W for at least 5
years AND w/out any LEGAL IMPEDIMENT to marry each other during
the 5-year period of cohabitation.

EFFECT OF DEFECT IN THE REQUISITES.

 VOIDABLE. VALID UNTIL ANNULLED.

EFFECT OF IRREGULARITY IN THE FORMAL REQUISITES – WILL NOT AFFECT

THE VALIDITY OF THE MARRIAGE –

 BUT THE PARTIES MAY BE CHARGED;

 CIVILLY; CRIMINALLY; ADMINISTRATIVELY.

Art. 7. Marriage may be solemnized by:

(1) Any incumbent member of the judiciary within the court’s jurisdiction;
a. RTC/MTC/MAYORS – can only solemnize within their territorial
jurisdiction
b. CA/SC Justice – can solemnize anywhere in the Philippines.

(2) Any priest, rabbi, imam, or minister of any church or religious sect duly authorized
by his church or religious sect and registered with the civil registrar general, acting
within the limits of the written authority granted by his church or religious sect and
provided that at least one of the contracting parties belongs to the solemnizing
officer’s church or religious sect;

(3) Any ship captain or airplane chief only in the case mentioned in Article 31;

a. Must be in articulo mortis. In a ship or in a plane

(4) Any military commander of a unit to which a chaplain is assigned, in the absence of
the latter, during a military operation, likewise only in the cases mentioned in Article
32;

a. Must be in the active zone of combat

(5) Any consul-general, consul or vice-consul in the case provided in Article 10.

a. Must be within the Philippine consulate in another country

Article. 8. The marriage shall be solemnized publicly in the chambers of the judge or in
open court, in the church, chapel or temple, or in the office the consul-general, consul
or vice-consul, as the case may be, and not elsewhere, except in cases of marriages
contracted on the point of death or in remote places in accordance with Article 29 of
this Code, or where both of the parties request the solemnizing officer in writing in
which case the marriage may be solemnized at a house or place designated by them in
a sworn statement to that effect. 

Art. 9. A marriage license shall be issued by the local civil registrar of the city or
municipality where either contracting party habitually resides, except in marriages
where no license is required in accordance with Chapter 2 of this Title.

Art. 10. Marriages between Filipino citizens abroad may be solemnized by a consul-
general, consul or vice-consul of the Republic of the Philippines. The issuance of the
marriage license and the duties of the local civil registrar and of the solemnizing
officer with regard to the celebration of marriage shall be performed by said consular
official.

Art. 26. All marriages solemnized outside the Philippines, in accordance with the laws
in force in the country where they were solemnized, and valid there as such, shall also
be valid in this country, except those prohibited under Articles 35 (1), (4), (5) and (6),
3637 and 38. (17a)
Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a
divorce is thereafter validly obtained abroad by the alien spouse capacitating him or
her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law.
(As amended by Executive Order 227)

Art 26. LEX LOCI CELEBRATIONIS

 Marriages celebrated abroad
 Rule on marriage. Intl comity. VALID THERE, VALID HERE but with
Exceptions.
o Exceptions
 Either or both parties are below 18 y/o
 Bigamous or polygamous marriage
 Mistake in identity
 Marriage void under art 53. Contracted after annulment but before
the recording of partition
 Psychological incapacity
 Incestuous marriage
 Marriage void for reasons of public policy

o First paragraph
 Marriages by Filipinos abroad
 Valid there, valid here. But with exceptions.
o Marriage by proxy is valid as it is not one of the
exceptions.
o If celebrated outside the Philippines and it is valid
there.
 Marriage between foreigners in the Philippines.
 Lex loci celebrationis. Philippine laws but, art 15.
o National law of foreigner governs
 Mixed marriages
 Lex loci celebrationis
 Legal capacity of foreigner is determined by his national law
 Duty of civil registrar is ministerial.

o Second paragraph
 A valid marriage that had been celebrated between a Filipino
citizen and a foreigner
  A valid divorce subsequently obtained abroad by the alien spouse
capacitating the FILIPINO SPOUSE to remarry Under PHILIPPINE
law.

HOW TO PROVE FOREIGN DIVORCE: Under the Rules on Evidence.

1.) Present the divorce decree, prove it as a public or official record of a
foreign country by either
 An official publication or
 A copy thereof attested by the officer having legal custody of the
records
2.) If the record is not kept in the Philippines, such copy must be:
 Accompanied by a certificate issued by the proper or consular
officer in the Philippine foreign service stationed in the foreign
country in which the record is kept
 Authenticated by the seal of his office
3.) Prove the conformity of the decree to the foreign law.

Republic v. Orbecido - the reckoning point is the citizenship of the

parties at the time of divorce and not at the time of the marriage. If naturalized, not
already a Filipino. The other spouse can now remarry. MIXED MARRIAGE Principle
applies. STEPS SHOULD BE TAKEN BY ORBECIDO for him to remarry.

1.) Must prove the divorce decree of his previous wife and the law of divorce
on that country.
2.) For him to remarry.
a. File a declaratory relief under rule 63.
b. Prove the existence and authenticity of the divorce decree
c. Rule 132 24 and 25 on the rules on evidence.
d. Prove the foreign law allowing the divorce.

3.) Court Order to the local civil registrar to get a marriage license.
4.) Petition for Judicial recognition of a foreign divorce decree.

BUT IF YOURE A FOREIGNER. Not as tedious. Foreign decree of divorce.

PRIOR TO ORBECIDO ---- Van dorn romillo and ibay pilapil somera. The alien spouses
claim is not recognizing the divorce decree as against public policy. SC said divorce
decree is valid and should be recognized in the Philippines. They are no longer married
to the Filipino spouse. SC only recognized the validity of divorce only on behalf of the
foreigner and not to the Filipina. The foreigner is no longer married to the Filipina, but
the Filipina is still married to the alien. There is injustice. Thus, EO 227 was issued to
correct the situation. Thus, when ORBECIDO came in, the unjust situation in romillo
and somera has been corrected.
 If the divorce is obtained by the alien spouse, the Filipina spouse can now
remarry.
 Art 26(2) exception to the policy against divorce in the Philippines.
o Only in mixed marriages.
 Although, Filipinos to begin with; the other spouse was
naturalized in another country, gained citizenship in a place
where divorce is allowed
 Files a divorce against the Filipino spouse in the foreign
country
 Filipino spouse after complying with the requirements of
proving the decree of divorce and the law allowing divorce
in that country – CAN NOW RE-MARRY.

MANALO v. CA
o Foreign divorce decree between alien and Filipina can be
recognized in our country regardless of who filed the divorce.
 Prove the divorce decree
 Prove the law of that country where divorce was obtained.
BAYOT v. BAYOT
 The alien spouse came to the Philippines to file a divorce in the Philippines
 What is there to nullify when the divorce is already granted
 He has no more legal standing to file a petition for nullity of marriage.
 You cannot file a petition for nullity when a divorce decree was already
obtained.

Corpuz v. Sto. Tomas

Alien spouse obtains a divorce decree abroad.
 Two options after of an alien spouse
1.) Petition for recognition of divorce decree rule 108
 2.) Petition for correction or change of entries in the local civil registrar
particularly change of marriage entries under rule 108
3.) Two petitions must be filed
 But to simplify according to the SC.
1.) RULE 108 petition for change of entry and ask the court for an order
recognizing the divorce decree. One proceeding two purposes.
2.) PROVE THE Authenticity and Existence of the divorce decree

FUJIKI V. MARINAY

 Judgment rendered by Japanese court declaring the marriage void based on

bigamy – there is no policy difference, declaration of nullity of marriage based on
bigamy – JAPAN AND PHIL laws are the same.
 It is NOT A DIVORCE DECREE
 if NOT DIVORCE – prove existence and authenticity of the Foreign Judgment.
 Petition for change of entries in the local civil registrar under Rule 108.

LANDMARK CASE: REPUBLIC v. MANALO

 Obtained a divorce decree from japan, RTC refused to recognize. Art 26(2)
foreigner should obtain the divorce decree
 Courts should not make a distinction
 Cited the ORbecido, Fujik, Romillo, Sto Tomas
 Legal effects although obtained by the Filipino spouse is not recognized under
our jurisdiction.

Morisono v. Reioji

 Foreign divorce decree may be recognized in this jurisdiction regardless of who

obtained the divorce

Sacay v. Republic

Racho v. Tanaka
 Once a divorce decree is issued, the divorce becomes VALIDLY OBTAINED and
capacitates the foreign spouse to marry
  The same status should be given to the Filipino spouse.
 The national law of Japan does not prohibit the Filipino spouse from initiating or
participating in the divorce proceedings

Takahahshi

Galaton v. republic

Nollega v. civl registrar of manila

Chapter 3
Liquidation, partition, distribution of legitimes, before the other parties can remarry
another.. art 35 in re art 53.

Art. 34. No license shall be necessary for the marriage of a man and a woman who
have lived together as husband and wife for at least five years and without any legal
impediment to marry each other. The contracting parties shall state the foregoing
facts in an affidavit before any person authorized by law to administer oaths. The
solemnizing officer shall also state under oath that he ascertained the qualifications of
the contracting parties are found no legal impediment to the marriage.
Art. 35 VOID MARRIAGES – VOID AB INITIO

1.) Contracted by any party below 18 y/o

2.) Solemnized by an UNAUTHORIZED solemnizing officer
 Exception – parties believed in good faith that the officer had
authority
3.) Solemnized without a marriage license
 Exception – when license is not required
4.) Bigamous or polygamous marriage
 Exception: Art 41 – presumptive death
 marriage contracted by a person whose spouse has been
absent for 4 years [ordinary absence]
 2 years [ extraordinary absence]
 Where such person has a well-founded belief that his/her
absent spouse is already dead.
o Diligent efforts to search far and wide for the absent
spouse
  And had obtained a declaration of presumptive death from
the courts
5.) Those subsequent marriages that are void under Art 53.
 In reference to art 52; said requirements must be complied with
prior to contracting a subsequent marriage.
 Judgment of annulment or nullity of marriage
 Partition and distribution of the properties of the spouses
 Delivery of the children’s presumptive legitimes.

Art 36. Psychological Incapacity – VOID AB

INITIO
 Sui generis. Sui Divorce
 Not void for absence of essential and formal requirements.
 Not listed under art 35
 Must prove the existence of the incapacity; cannot be obtained by mutual consent
of the parties
 Framers did not define Psychological Incapacity. Specific but general to cover
everything.

 Santos v. CA – OLD ABANDONED DOCTRINE

 3 conditions must be present before the marriage can be voided
 Enumerated the characteristics for the spouse to be declared as psychologically
incapacitated.
o Gravity
o Juridical antecedence
o Incurability
 Mental incapacity that causes a party to be truly incognitive of the basic marital
covenants to the marriage.
 Petition denied. Ground anchored by santos:
 Wife failed to comply art 68 of the FC
o Art. 68. The husband and wife are obliged to live together, observe
mutual love, respect and fidelity, and render mutual help and support
  How to prove? Testimony of psychologist or psychiatrist. But in the modern
case, it is no longer required, the court will investigate based on the totality of
evidence

 OPERATIVE ACT: Incapacity to comply with marital obligations.

 Any disorder as long as it will result to incapacity to perform marital obligations.
So general bottom-line but the 3 requisites must be complied. WIDE GROUNDS.
 Insanity, homosexuality, drug addiction
o Under the FC HOMOSEXUALITY – ground for Legal separation.
 But can also be used as a ground for Nullity of marriage based on
PSYCHOLOGICAL INCAPACITY.
 If you can prove inability to perform marital obligation.
o Insanity – Annulment of marriage under art 45.
 But can also be used as a ground for PI
 Prove that the insane person cannot perform the marital
obligations.

CHI MING TSOI – failure to comply with sexual intercourse is a manifestation of PI.
MOLINA – guidelines for the petition for declaration of nullity of marriage under art 36
of FC
 Medically or clinically identified by the psychiatrist – but recent jurisprudence
abandoned this.
 Alleged in the complaint
 Proven by experts
 Clearly explained in the decision

MARCOS
 Totality of evidence rule. Medical examination was relaxed
Dedel
 Sexual infidelity

Tenebro - study the separate opinion of Vitug… - the controlling doctrine.

 Contracted 2 marriages. Wife sued bigamy and under art 36 grounds PI. Petition
was granted
 Nullity of second marriage is not a defense for the crime of bigamy.
 Bigamy will prosper.

Jarillo – almost the same of tenebro. There was declaration of nullity under art 36 PI.
Marriage was declared null and void under art 36. These are not without legal
consequences. Art 54 of FC children born out of void marriages are legitimate?

Antonio reyes – pathological liar

Najera v. Najera
Ferraris case

Paras v. paras – BAR Q

 Atty paras was suspended from the practice of law.
 Prove thru the Molina guidelines to prove PI of the husband
o Factual findings in a disbarment case cannot be used to declare a marriage
void under art 36 PI.

Te v. Te
 Pag hindi ka pumunta didto, I will commit suicide
 Got married, Edward was not allowed to leave the house.
 Interesting case – Edward was considered PI

Azcueta v. republic
 Whirlwind marriage
 Why won’t u find work? No shoes and shirt
 Husband left the house to work
 Nag to find work.
 Dependent personality disorder – Psychologically incapacitated

Ting v. ting
 There is relaxation of the Molina guidelines as in Marcos v. marcos.

Kalaw
Testimony of psychologist must not be taken in isolation, but the totality of evidence
must be used.

Republic v. Romero
 Absence of juridical antecedence
 Psychologist failed to explain why romero had OCD
TOTALITY OF EVIDENCE – NEW DOCTRINE ON PSYCH
INCAPACITY.
Recent Jurisprudence: May 2021 Tan Andal v.
Andal

 There was abandonment of Molina case and Santos v. CA. Partially.

 It is no longer a medical case but a legal concept.

 It refers to a personal condition that prevents the spouse to comply with
marital obligations only in relation to a specific partner
 That may exist at the time of the marriage but may have revealed through
behavior subsequent to the ceremonies.
o It need not be a mental or personality disorder
o It need not be a permanent and incurable condition
 Therefore.
o Testimony of psychologist or psychiatrist is no longer mandatory in all
cases.
o The totality of evidence must show clear and convincing
evidence to cause the declaration of nullity of marriage

GUIDELINES IN DETERMINING PSYCHOLOGICAL INCAPACITY

1.) Burden of proof is on the plaintiff
2.) Clear and convincing evidence
3.) Incurable not in the medical but in the legal sense
a. Incurable as to the partner
b. It is so enduring and persistent with respect to a specific partner
c. Where the couple’s respective personality structures are so incompatible
and antagonistic
d. That the only result of the union would be the inevitable and irreparable
breakdown of the marriage
4.) As to gravity, it must be shown that the incapacity is caused by a genuinely
serious psychic cause
a. The psychological incapacity cannot be mere – refusal, neglect or
difficulty, much less ill will.
 5.) Juridical antecedence, the incapacity must be proven to be existing at the time of
the celebration of the marriage – even if such incapacity becomes manifest only
after its solemnization
6.) Essential marital obligations are not limited to those between the spouses.
a. Art 68 – 71 of the Family Code
b. Art 220, 221 and 225 of the Family Code in regard to parents and their
children
7.) Decisions of the national appellate matrimonial tribunal only has PERSUASIVE
EFFECT.
a. Canonical decisions are to only serve as evidence of the nullity of the
secular marriage.
b. The elements of declaration of nullity under ART 36 must still be weighed
by the judge.

INCESTOUS MARRIAGE – VOID AB INITIO

Art 37. Marriages between the following are incestuous and void from the beginning,
whether the relationship between the parties be legitimate or illegitimate.
1.) Between ascendants and descendants of any degree
2.) Between brothers and sisters, whether of the full or half blood

Art 38. The following marriages shall be void from the beginning for reasons of public
policy:
1.) Between collateral blood relatives whether legitimate or illegitimate, up to
the fourth civil degree
2.) Between stepparents and stepchildren
3.) Between parents-in-law and children-in-law
4.) Between the adopting parent and the adopted child
5.) Between the surviving spouse of the adopting parent and the adopted child
6.) Between the surviving spouse of the adopted child and the adopter
7.) Between an adopted child and a legitimate child of the adopter
8.) Between adopted children of the same adopter
9.) Between parties where one, with the intention to marry the other, killed that
other person’s spouse, or his or her own spouse
  Art 38 (9)
o Intention to marry the other, killed the other persons spouse or his or her
own
o There must be a court declaration that the killing is motivated with the
intention to marry the other
 Absence of such in the decision, marriage is valid.
o There must be a finding that the killing is motivated.

Art 39. The action or defense for the declaration of nullity of absolute nullity of a
marriage shall not prescribe.
 Imprescriptible.
 This rule extends only to proceedings after March 15, 2003.
 Such rule has prospective application. AM 02-11-10-SC
 Only the husband or wife may file the petition before the family court.
 The petition must specifically allege the complete facts including physical
manifestations

Art 40.
The absolute nullity of a previous marriage may be invoked for purposes of
remarriage on the basis solely of a final judgement declaring such previous marriage
void.

 He should obtain prior to the solemnization of the subsequent marriage a:

 JUDICIAL DECLARATION OF NULLITY OF

MARRIAGE.
 The only evidence allowed by the court – to avoid the charge of
BIGAMY.

o If noncompliance with art 40.

 BIGAMOUS subsequent marriage.

The issue is the validity of the subsequent marriage because the prior marriage was not
declared void.
Other way to prove void marriage other than court declaration. PURPOSE IS NOT
FOR REMARRIAGE.
 Action for support
o De castro v. De castro.
o NINAL CASE.
 Settlement of estate of deceased person
 Claim for death benefits.
o Carino v. carino

THIS IS THE CONTROLLING DOCTRINE.

Even If the previous marriage is void. The subsequent

marriage without judicial declaration of nullity –then
the subsequent marriage is also VOID.
 HE CAN BE PROSECUTED FOR BIGAMY.
 COURT DECLARATION MUST BE OBTAINED PRIOR
TO THE SOLEMNIZATION OF THE SECOND
MARRIAGE.
o PP vs. Odtohan

PRESUMPTIVE DEATH
Art. 41. A marriage contracted by any person during subsistence of a previous
marriage shall be null and void, unless before the celebration of the subsequent
marriage, the prior spouse had been absent for four consecutive years and the spouse
present has a well-founded belief that the absent spouse was already dead. In case of
disappearance where there is danger of death under the circumstances set forth in the
provisions of Article 391 of the Civil Code, an absence of only two years shall be
sufficient. 

For the purpose of contracting the subsequent marriage under the preceding
paragraph the spouse present must institute a summary proceeding as provided in
this Code for the declaration of presumptive death of the absentee, without prejudice
to the effect of reappearance of the absent spouse. 
The only incident where there is a valid and bigamous
marriage.

What is well founded belief?

 There is exercise of that degree of due care diligence required in searching for a
missing spouse
o Contacted family and friends, thru radio announcement and news posting
o This requirement must be strictly complied with.

In the case of a missing spouse. The action to be done, for the purpose of remarriage,
of the present spouse is:
o summary action for the judicial declaration of
presumptive death.

Requirements for the declaration of presumptive death

1.) the absentee spouse must have been absent for 4 or 2 years
2.) the present spouse must not know the whereabouts of the absent spouse
3.) there must be a well-founded belief that the absent spouse is already dead
4.) there must be an institution of a summary action for the declaration of
presumptive death of the absent spouse
5.) there must be final judgment declaring the absent spouse presumptively dead

GENERAL RULE:
 judicial declaration of presumptive death is required as such is a presumption
that arises from law.
EXCEPTION
 no judicial declaration of presumption of death is needed in cases of art 390 and
391 of the civil code before the effectivity of the family code.

OLD PROVISION UNDER THE CIVIL CODE

Art. 390. After an absence of seven years, it being unknown whether or not the absentee still lives, he
shall be presumed dead for all purposes, except for those of succession.

The absentee shall not be presumed dead for the purpose of opening his succession till after an
absence of ten years. If he disappeared after the age of seventy-five years, an absence of five years
shall be sufficient in order that his succession may be opened.  (n)
Art. 391. The following shall be presumed dead for all purposes, including the division of the estate
among the heirs:

(1) A person on board a vessel lost during a sea voyage, or an aeroplane which is missing, who
has not been heard of for four years since the loss of the vessel or aeroplane;

(2) A person in the armed forces who has taken part in war, and has been missing for four years;

(3) A person who has been in danger of death under other circumstances and his existence has
not been known for four years. (n)

 PRIOR TO 1988; no need for judicial declaration.

 SUBSEQUENT TO THE EFFECTIVITY OF THE FC – There is a need.

Can you appeal the decision of the JDPD?

 No. it is a summary judgment – immediately executory.

If the absent spouse re appears – HE TURNS OUT TO BE

ALIVE.
 The subsequent marriage contracted by the present spouse will
o Be automatically terminated UPON THE
o Execution of the affidavit of reappearance by the re appearing spouse or
any interested party.
 Such affidavit of reappearance executed by the reappearing
spouse
 Shall be recorded in the LCR of the place where the present and
subsequent spouse resides
 The recording of the instrument – is the operative act that
terminate the subsequent marriage – without prejudice to the
outcome of any judicial proceeding questioning the reappearance.

Under the OLD CIVIL CODE – PRIOR TO THE EFFECTIVITY OF THE FAMILY
CODE.
 THERE IS NO NEED FOR THE JUDICIAL DECLARATION OF
PRESUMPTIVE DEATH

THEY KEY FACTOR, is DETERMINE WHAT LAW IS APPLICABLE AS TO WHEN

DID THE SPOUSE DISAPPEARED.
 THE FAMILY CODE CAME INTO EFFECT AUGUST 3, 1988.
  Under the family code – a judicial declaration of presumptive death is required
before the present spouse can contract a subsequent marriage. It must be by final
judgment.

Calisterio v. calisterio – applying art 390. There is no need a declaration of presumptive

death. The presumption arises from the law itself. This was under the civil code,,, not
the family code.. old law..

Differentiate, civil code and family code, re declaration of presumptive death. When the
family code is already effective, follow the family code. Manuel v. People. The
subsequent marriage was affected while the family code is in effect.
.

SSS v. JARQUE vda. de BAILON – MIDTERM EXAM AND

BAR EXAM CASE. – COMPLICATED CASE. STUDY THIS CASE.

FAMILY CODE - There must be an affidavit of reappearance + recording in the LCR To

invalidate the presumptive death declaration. The way to terminate the subsequent
marriage is thru the affidavit of reappearance + recording in the LCR.

CIVIL CODE – the subsequent marriage being voidable; it is terminated by final

judgment of annulment in a case instituted by the absent spouse who reappears or by
either of the spouses in the subsequent marriage.

HOWEVER – if the subsequent marriage is not terminated by registration of an affidavit

of reappearance or by judicial declaration BUT BY DEATH OF EITHER SPOUSES – the
general rule is that the effects of dissolution of valid marriage shall arise. The good or
bad faith of either spouse can no longer be raised, because:
 As in annullable or voidable marriages, the marriage cannot be questioned
except in a direct action for annulment.
 Still the action for annulment became extinguished as soon as one of the three
persons involved had died.
 The action for annulment should be brought during the lifetime of any of the
parties involved.

IN THE CASE – the marriage cannot anymore be annulled, as one party is already
dead.
Santos v. Santos – affidavit of reappearance. The proper remedy is annulment of
judgment by reason of extrinsic fraud. STRICT compliance because there could be
collusion.

Art. 42. The subsequent marriage referred to in the preceding Article shall be
automatically terminated by the recording of the affidavit of reappearance of
the absent spouse, unless there is a judgment annulling the previous
marriage or declaring it void ab initio.

Art. 44. If both spouses of the subsequent marriage acted in bad faith,
said marriage shall be void ab initio and all donations by reason of marriage and
testamentary dispositions made by one in favor of the other are revoked by operation
of law.

Distinctions. Void and voidable marriages.

 Void ab initio vs. valid until annulled.
 Action to file nullity of void marriage, imprescriptible. Action to annul a
voidable marriage under art 47.
 Void marriage cannot be ratified by cohabitation. Voidable – can be ratified by
free cohabitation on art 45 1-4.
 Void marriage can be attacked directly or collaterally. Voidable marriage cannot
be collaterally attacked.
 Voidness of a void marriage may be assailed even after the death of the parties of
to that void marriage. AM 21110 can be done by any party who can assail the
nullity of marriage. CARLOS v. SANDOVAL.

ANNULMENT OF MARRIAGE
Art 45. Voidable Marriage VALID UNTIL ANNULLED
1-4 can be cured by free cohabitation.
 A marriage may be annulled for any of the following causes, existing at the time of the
marriage:

(1) That the party in whose behalf it is sought to have the marriage annulled was
eighteen years of age or over but below twenty-one, and the marriage was solemnized
without the consent of the parents, guardian or person having substitute parental
authority over the party, in that order, unless after attaining the age of twenty-one,
such party freely cohabited with the other and both lived together as husband and
wife;

(2) That either party was of unsound mind, unless such party after coming to reason,
freely cohabited with the other as husband and wife;

(3) That the consent of either party was obtained by fraud, unless such party
afterwards, with full knowledge of the facts constituting the fraud, freely cohabited
with the other as husband and wife;

(4) That the consent of either party was obtained by force, intimidation or undue
influence, unless the same having disappeared or ceased, such party thereafter freely
cohabited with the other as husband and wife;

(5) That either party was physically incapable of consummating the marriage with the
other, and such incapacity continues and appears to be incurable; or

 No copulation or Sexual intercourse.

(6) That either party was afflicted with a sexually-transmissible disease found to be
serious and appears to be incurable. (85a)

 Good faith of either party is not a defense.

Effect? The parties can remarry after the PETITION FOR ANNULMENT is granted.

Art 45. Voidable 1-4, except 5 and 6 cannot be cured by Free

Cohabitation.

1.) Lack of parental consent

a. Renders the marriage voidable
b. Prescriptive period is 5 years at the time the parties reached 21
c. Beyond 25, the action for annulment has already prescribed.
 d. The parents can file when the party is 18 to 20 years old.

2.) Insane. Prescriptive period is until he is still alive. Free cohabitation of the
insane during his lucid interval, precludes the spouse to file an action.
a. The interest of the sane spouse is subordinate to the insane.
b. Never marry an insane person

3.) Fraud – vitiated consent. Under art 46, law contemplates only 4 types of fraud
that would constitute a ground for annulment. – 5 years from the discovery of
the fraud. PRESCRIPTIVE PERIOD.
a. The grounds are exclusive
i. Non-disclosure of previous conviction.
ii. Concealment by the wife that at the time of the marriage, she was
pregnant by a man other than her husband
1. Concealment of the husband that she impregnated someone,
at the time of marriage – does not constitute concealment on
part of the husband
iii. Concealment of STD, regardless of its nature, existing at the time of
marriage.
iv. Concealment of drug addiction, alcoholism or homosexuality or
lesbianism. ALMELOR CASE v. RTC. homosexuality – a ground
for legal separation.

4.) Consent was vitiated – there was FORCE, INTIMIDATION, UNDUE

INFLUENCE in obtaining consent

5.) Either party was incapable of consummating the marriage; the incapacity
continues and appears to be incurable
a. Doctrine of Triennial Cohabitation
i. Presumption that the husband is IMPOTENT should the wife
remain a virgin after 3 years of living together with her husband.
ii. Burden of proof to prove non-impotency shifts to the husband
b. Cannot be ratified by FREE COHABITATION

6.) Either party was afflicted by STD; which appears to be serious and incurable.
a. Cannot be ratified by FREE COHABITATION
 FRIGIDITY vs. IMPOTENCY. WIFE v. HUSBAND. VAGINISMUS. PHYSICAL
INCAPACITY

Art. 46. Any of the following circumstances shall constitute fraud referred
to in Number 3 of the preceding Article:

(1) Non-disclosure of a previous conviction by final judgment of the other party of a

crime involving moral turpitude;

(2) Concealment by the wife of the fact that at the time of the marriage, she was
pregnant by a man other than her husband;

(3) Concealment of sexually transmissible disease, regardless of its nature, existing at

the time of the marriage; or

(4) Concealment of drug addiction, habitual alcoholism or homosexuality or

lesbianism existing at the time of the marriage.

No other misrepresentation or deceit as to character, health, rank, fortune or chastity

shall constitute such fraud as will give grounds for action for the annulment of
marriage

Art. 47. The action for annulment of marriage must be filed by the following persons
and within the periods indicated herein:

(1) For causes mentioned in number 1 of Article 45 by the party whose parent or
guardian did not give his or her consent, within five years after attaining the age of
twenty-one, or by the parent or guardian or person having legal charge of the minor, at
any time before such party has reached the age of twenty-one;

(2) For causes mentioned in number 2 of Article 45, by the same spouse, who had no
knowledge of the other’s insanity; or by any relative or guardian or person having legal
charge of the insane, at any time before the death of either party, or by the insane
spouse during a lucid interval or after regaining sanity;

(3) For causes mentioned in number 3 of Article 45, by the injured party, within five
years after the discovery of the fraud;

(4) For causes mentioned in number 4 of Article 45, by the injured party, within five
years from the time the force, intimidation or undue influence disappeared or ceased;
(5) For causes mentioned in number 5 and 6 of Article 45, by the injured party, within
five years after the marriage. (87a)

 Physical incapacity – 5 years from solemnization of marriage

 Std, incurable - 5 years from solemnization of marriage

If marriage is annulled, then it will be producing the

effects under art 43.
Art. 43. The termination of the subsequent marriage referred to in the preceding
Article shall produce the following effects:

(1) The children of the subsequent marriage conceived prior to its termination shall be
considered legitimate;

(2) The absolute community of property or the conjugal partnership, as the case may
be, shall be dissolved and liquidated, but if either spouse contracted said marriage in
bad faith, his or her share of the net profits of the community property or conjugal
partnership property shall be forfeited in favor of the common children or, if there are
none, the children of the guilty spouse by a previous marriage or in default of children,
the innocent spouse;

(3) Donations by reason of marriage shall remain valid, except that if the donee
contracted the marriage in bad faith, such donations made to said donee are revoked
by operation of law;

(4) The innocent spouse may revoke the designation of the other spouse who acted in
bad faith as beneficiary in any insurance policy, even if such designation be stipulated
as irrevocable; and

(5) The spouse who contracted the subsequent marriage in bad faith shall be
disqualified to inherit from the innocent spouse by testate and intestate succession

Cases under Art 45.

Villanueva v. CA – lack of cohabitation per se, is not a ground to annul the marriage.

ALMEROL V. RTC –
  Homosexuality is not among those cited as a ground of annulment of marriage,
but it is the CONCEALMENT of such condition.
 However, there was no evidence of concealment of homosexuality at the onset of
his marriage and that he deliberately hid such fact to his wife which tend to
constitute fraud.
 The family code has enumerated an exclusive list of circumstances constituting
fraud.
 HOMOSEXUALITY is only a ground for LEGAL SEPARATION.

ANCHETA V. ANCHETA –
 ART 48. THE SC GOT MAD. NO DEFAULT INVOLVING CASES OF
ANNULMENT ETC.
 The court shall order the prosecuting attorney to appear on behalf
of the state to take steps to prevent COLLUSION between the
parties
 And to take care that evidence is not fabricated or suppressed.

PAGE 67 OF AQUINO REVIEWER

ART 147 AND 148. – GOVERN THE FIRST VOID

MARRIAGE.

Art 147 – there is a void marriage, but the parties have no impediment to marry each
other. It was merely void because
1.) There was absence of the authority the solemnizing officer

2.) There was no marriage license

3.) Mistake as to the identity of one of the contracting parties

4.) Subsequent marriages that are void under art 53.

5.) Art 53 due to noncompliance of art 52

6.) Art 36

Art 148 – void marriage because they are not capacitated to contract marriage.
 1.) Art 35(1) which is non-age
2.) Art 35(4) for bigamous or polygamous marriages
3.) Art 37
4.) Art 38
5.) First marriage under art 40 depending on the absence of impediment.

2 VOID MARRIAGES UNDER ART 40.

1.) ABSENCE OF ESSENTIAL OR FORMAL REQUISITES.
2.) THE PARTIES TO THE VOID MARRIAGE CONTRACTED ANOTHER
MARRIAGE WITHOUT HAVING IT JUDICIALLY DECLARED AS
ANNULLED.

Art. 50. The effects provided for by paragraphs (2), (3), (4) and (5) of Article 43 and by
Article 44 shall also apply in the proper cases to marriages which are declared ab initio
or annulled by final judgment under Articles 40 and 45.

The final judgment in such cases shall provide for the liquidation, partition and
distribution of the properties of the spouses, the custody and support of the common
children, and the delivery of third presumptive legitime’s, unless such matters had
been adjudicated in previous judicial proceedings.

All creditors of the spouses as well as of the absolute community or the conjugal
partnership shall be notified of the proceedings for liquidation.

In the partition, the conjugal dwelling and the lot on which it is situated, shall be
adjudicated in accordance with the provisions of Articles 102 and 129.

EFFECTS OF NULLITY OF MARRIAGE

Art. 52. The judgment of annulment or of absolute nullity of the marriage, the partition
and distribution of the properties of the spouses and the delivery of the children’s
presumptive legitime’s shall be recorded in the appropriate civil registry and registries
of property; otherwise, the same shall not affect third persons. (n)

Art. 53. Either of the former spouses may marry again after compliance with the
requirements of the immediately preceding Article; otherwise, the subsequent
marriage shall be null and void.
Art. 54. Children conceived or born before the judgment of annulment or absolute
nullity of the marriage under Article 36 has become final and executory shall be
considered legitimate. Children conceived or born of the subsequent marriage under
Article 53 shall likewise be legitimate.

LEGAL SEPARATION

 a petition for legal separation may be filed only by the husband or the wife.
 the action shall be tried after 6 months from the filing of the petition.
 The cooling off period is not applicable where there is violence alleged in the
complaint.

10 GROUNDS IN THE FAMILY CODE. IN THE CIVIL CODE 3

GROUNDS.

Art 55. GROUNDS

1.) REPEATED PHYSICAL VIOLENCE - AGAINS THE CHILD OF PETITIONER
ABUSIVE CONDUCT – DOES NOT HAVE TO BE REPEATED

2.) PHYSICAL VIOLENCE OR MORAL PRESSURE TO COMPEL TO CHANGE

RELIGIOUS OR POLITICAL AFFILIATION
3.) ATTEMPT OF RESPONDENT TO CORRUPT OR INDUCE
4.) FINAL JUDGMENT SENTENCING RESPONDENT TO IMPRISONMENT OF MORE
THAN 6 YEARS, EVEN IF PARDONED
5.) DRUG ADDICTION – DOES NOT HAVE TO BE CONCEALED.
6.) LESBIANISM OR HOMOSEXUALITY – MUST NOT BE CONCEALED AND
EXISTING AT THE TIME OR AFTER THE MARRIAGE. IF CONCEALED –
ANNULMENT.
7.) CONTRACTING A SUBSEQUENT BIGAMOUS MARRIAGE, WHETHER IN THE
PHILIPPINES OR ABROAD.
8.) SEXUAL INFIDELITY OR PERVERSION
a. RELATIVE
b. SI MAY INCLUDE ADULTERY OR CONCUBINAGE AS A GROUND FOR
LEGAL SEP. DOESN’T HAVE TO BE PERVERTED IN FORM. IT IS AN ACT OF
 INFIDELITY THAT MAKES IT AS A GROUND FOR LEGAL SEP. DONE WITH
SOMEONE ELSE OTHER THAN THE SPOUSE.
c. PERVERSION NEED NOT BE ANOTHER, IT CAN BE DIRECTED TO THE
OTHER SPOUSE AS IT IS NOT CONSTITUTIVE OF INFIDELITY. DEPENDS
ON EACH CASE, UPBRINGING.
i. THE LAW DID NOT DEFINE PERVERSION. THERE IS NO STANDARD
BETWEEN HUSBAND AND WIFE.
ii. BESTIALITY – PERVERSION
iii. CADAVER – PERVERSION
iv. ANAL SEX/ ORAL SEX – PERVERSION
9.) attempt by the respondent against the life of the petitioner
10.) ABANDONMENT OF PETITIONER BY RESPONDENT WITHOUT
JUSTIFIABLE CAUSE FOR MORE THAN 1 YEAR. – THERE IS A CASE ALREADY
DECIDED. ABANDONMENT AS PSYCH INCAPACITY. ONG V. ONG.
a. Abandonment without justifiable cause
b. READ ONG V. ONG

Defenses in actions for legal separation - FC 56, 60

Art. 56. The petition for legal separation shall be denied on any of the
following grounds:

(1) Where the aggrieved party has condoned the offense or act complained of;

(2) Where the aggrieved party has consented to the commission of the offense
or act complained of;

(3) Where there is connivance between the parties in the commission of the
offense or act constituting the ground for legal separation;

(4) Where both parties have given ground for legal separation;

(5) Where there is collusion between the parties to obtain decree of legal
separation; or

(6) Where the action is barred by prescription.

 Art. 60. No decree of legal separation shall be based upon a stipulation of facts
or a confession of judgment.

In any case, the Court shall order the prosecuting attorney or fiscal assigned to
it to take steps to prevent collusion between the parties and to take care that the
evidence is not fabricated or suppressed. 

Art. 57. An action for legal separation shall be filed within five years from the time of
the occurrence of the cause.

EFFECTS OF DECREE OF LEGAL SEPARATION – Art 63

1.) Spouses are entitled to live separately
2.) Marriage bond is not severed
3.) Dissolution of property regime
4.) Forfeiture of the share of the guilty spouse in the net profits of the ACP/CPG

EFFECTS OF RECONCILIATON art 65 and art 66.

1.) The legal separation proceedings if still pending shall be terminated
2.) The final decree of legal separation shall be set aside. But the separation of
property shall subsist, unless the spouses agree to revive their former
property regime.

EFFECT OF DEATH OF A PARTY IN A LEGAL SEPARATION

PROCEEDING
1.) Before entry of judgment – the court shall order the case closed and
terminated without prejudice to the settlement of estate proper proceedings
in the regular courts
2.) After entry of judgment – the judgment shall be binding upon the parties
and their successors in interest in the settlement of the estate in the regular
courts.

DISTINGUISH LEGAL SEPARATION V. NULLITY OF

MARRIAGE
1.) LS – marriage is not defective
NM- marriage is defective
2.) LS – the grounds arise only after the marriage
 NM – the grounds must exist at the time of or before marriage.
3.) LS – the spouses are still married to each other and cannot therefore remarry
NM – the spouse can marry again as the marriage is set aside
4.) LS – there are 10 grounds
NM-there are 6 grounds.

Reckoning period for prescription – always from the time of the occurrence of the
cause.
But a problem when there is concealing the cause.
 Practice due diligence.

When is there connivance and collusion?

Art 58 and 59 – cooling off period is different from reconciliation

 6 months from the filing of the petition
 The case will lie there no movement, no trial
 To allow the parties enough time to reconcile with each other.
 Legal separation has nothing to do with the status of the marriage
 It is the relationship with the parties
 Validity of the marriage is never invoked.
 You cannot compromise status of marriage, status of child.
HOWEVER, there is no cooling off period if:
 The case of legal separation, violence – sexual or psychological – is alleged by
the petitioner.

Art 62. Is it a matter of right for the spouse and childen to be supported?
 Spouse – must be stated in the prayer
 Children – must be supported

Effects:

Art. 58. An action for legal separation shall in no case be tried before six months
shall have elapsed since the filing of the petition. (103)

Art. 59. No legal separation may be decreed unless the Court has taken steps
toward the reconciliation of the spouses and is fully satisfied, despite such efforts, that
reconciliation is highly improbable. (n)
 Art. 60. No decree of legal separation shall be based upon a stipulation of facts or
a confession of judgment.

In any case, the Court shall order the prosecuting attorney or fiscal assigned to it
to take steps to prevent collusion between the parties and to take care that the evidence
is not fabricated or suppressed.

No confession of judgment, FC 48; cf. NCC 2035

4. Effect of pendency of the petition
(a) cooling-off period, FC 58

Art. 58. An action for legal separation shall in no case be tried before six months
shall have elapsed since the filing of the petition.

(b) right of consortium, FC 61 par. 1

Art. 61. After the filing of the petition for legal separation, the spouses shall be
entitled to live separately from each other.

(c) administration of property, FC 61 par. 2

The court, in the absence of a written agreement between the spouses, shall
designate either of them or a third person to administer the absolute community or
conjugal partnership property. The administrator appointed by the court shall have the
same powers and duties as those of a guardian under the Rules of Court

(d) Support and custody pendente lite

Art. 63. The decree of legal separation shall have the following effects:

(1) The spouses shall be entitled to live separately from each other, but the
marriage bonds shall not be severed;

(2) The absolute community or the conjugal partnership shall be dissolved and
liquidated but the offending spouse shall have no right to any share of the net profits
earned by the absolute community or the conjugal partnership, which shall be forfeited
in accordance with the provisions of Article 43(2);
 (3) The custody of the minor children shall be awarded to the innocent spouse,
subject to the provisions of Article 213 of this Code; and

(4) The offending spouse shall be disqualified from inheriting from the innocent
spouse by intestate succession. Moreover, provisions in favor of the offending spouse
made in the will of the innocent spouse shall be revoked by operation of law.

Art. 213. In case of separation of the parents, parental authority shall be exercised
by the parent designated by the Court. The Court shall take into account all relevant
considerations, especially the choice of the child over seven years of age, unless the
parent chosen is unfit.

(c) On property relations, FC 63(2), FC 64, FC Art. 102 (4), 129 (7)

Art. 63. The decree of legal separation shall have the following effects:

(2) The absolute community or the conjugal partnership shall be dissolved and
liquidated but the offending spouse shall have no right to any share of the net profits
earned by the absolute community or the conjugal partnership, which shall be forfeited
in accordance with the provisions of Article 43(2);

Art. 64. After the finality of the decree of legal separation, the innocent spouse
may revoke the donations made by him or by her in favor of the offending
spouse, as well as the designation of the latter as beneficiary in any insurance
policy, even if such designation be stipulated as irrevocable. The revocation of
the donations shall be recorded in the registries of property in the places where
the properties are located. Alienations, liens and encumbrances registered in
good faith before the recording of the complaint for revocation in the registries of
property shall be respected. The revocation of or change in the designation of the
insurance beneficiary shall take effect upon written notification thereof to the
insured.

The action to revoke the donation under this Article must be brought within five
years from the time the decree of legal separation become final. 

Art. 102. Upon dissolution of the absolute community regime, the following
procedure shall apply:
 (4) The net remainder of the properties of the absolute community shall
constitute its net assets, which shall be divided equally between husband and wife,
unless a different proportion or division was agreed upon in the marriage settlements,
or unless there has been a voluntary waiver of such share provided in this Code. For
purpose of computing the net profits subject to forfeiture in accordance with Articles 43,
No. (2) and 63, No. (2), the said profits shall be the increase in value between the market
value of the community property at the time of the celebration of the marriage and the
market value at the time of its dissolution.
Art. 129. Upon the dissolution of the conjugal partnership regime, the following
procedure shall apply:

(7) The net remainder of the conjugal partnership properties shall constitute the
profits, which shall be divided equally between husband and wife, unless a different
proportion or division was agreed upon in the marriage settlements or unless there has
been a voluntary waiver or forfeiture of such share as provided in this Code.

Quiao v Quiao, G. R. No. 183622, July 4, 2012

Noveras v. Noveras, G.R. No. 188289, August 20, 2014
(d) On support, FC 198

Art. 198. During the proceedings for legal separation or for annulment of
marriage, and for declaration of nullity of marriage, the spouses and their children shall
be supported from the properties of the absolute community or the conjugal
partnership. After the final judgment granting the petition, the obligation of mutual
support between the spouses ceases. However, in case of legal separation, the court may
order that the guilty spouse shall give support to the innocent one, specifying the terms
of such order.

(e) On the use of surname, NCC 372

NCC Article 372. When legal separation has been granted, the wife shall
continue using her name and surname employed before the legal separation.

(f) On hereditary rights, FC 63(4)

Art. 63. The decree of legal separation shall have the following effects:
 (4) The offending spouse shall be disqualified from inheriting from the innocent
spouse by intestate succession. Moreover, provisions in favor of the offending spouse
made in the will of the innocent spouse shall be revoked by operation of law. 

(g) Reconciliation, FC 65

Art. 65. If the spouses should reconcile, a corresponding joint manifestation

under oath duly signed by them shall be filed with the court in the same proceeding for
legal separation. 

(h) Effects of reconciliation, FC 65, 66, 67

Art. 65. If the spouses should reconcile, a corresponding joint manifestation

under oath duly signed by them shall be filed with the court in the same proceeding for
legal separation. 

Art. 66. The reconciliation referred to in the preceding Articles shall have the
following consequences:

(1) The legal separation proceedings, if still pending, shall thereby be terminated
at whatever stage; and

(2) The final decree of legal separation shall be set aside, but the separation of
property and any forfeiture of the share of the guilty spouse already effected shall
subsist, unless the spouses agree to revive their former property regime.

The court’s order containing the foregoing shall be recorded in the proper civil
registries.

Art. 67. The agreement to revive the former property regime referred to in the
preceding Article shall be executed under oath and shall specify:

(1) The properties to be contributed anew to the restored regime;

(2) Those to be retained as separated properties of each spouse; and

(3) The names of all their known creditors, their addresses and the amounts
owing to each.
 The agreement of revival and the motion for its approval shall be filed with the
court in the same proceeding for legal separation, with copies of both furnished to the
creditors named therein. After due hearing, the court shall, in its order, take measure to
protect the interest of creditors and such order shall be recorded in the proper registries
of properties.

The recording of the ordering in the registries of property shall not prejudice any
creditor not listed or not notified, unless the debtor-spouse has sufficient separate
properties to satisfy the creditor’s claim. (195a, 108a)

SIOCHI vs. GOZON, G.R. No. 169900 March 18, 2010

Quiao v. Quiao
Juanite case.