BAR SQUAD

Est. 2002

Declaration of Nullity (Psychological Incapacity) v. Legal Separation (Art. 66) v.

Annulment (Art. 45)

Declaration of Nullity Annulment Legal Separation

(Psychological Incapacity)

DEFINITION
A p r o c e e d i n g w h e r e t h e A court proceeding with the A proceeding, which merely
marriage is sought to be objective of severing marital seeks to declare the bed and
declared void ab initio. relations between husband and board separation of husband
wife. and wife without affecting the
"Psychological incapacity refer validity and existence of their
to no less than a mental (not marital union.
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." (Santos v. Court
of Appeals, et al., G.R. No.
112019, 04 January 1995)
Simply put, psychological
incapacity is the failure of one
of the spouses to assume and
comply with the essential
obligations of marriage.

GROUNDS

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Declaration of Nullity
(Psychological Incapacity)
Molina Doctrine (Psychological
Incapacity):
1. The burden of proof to
show the nullity of the
marriage belongs to the
plaintiff. Any doubt should
be resolved in favor of the
existence and
continuation of the
marriage and against its
dissolution and nullity.
2. The root cause of the
psychological incapacity
must be: a) medically or
clinically identified; b)
alleged in the complaint;
c) sufficiently proven by
experts; and, d) clearly
explained in the decision.
3. The incapacity must be
proven to be existing at
the “time of the
celebration” of the
marriage … The
manifestation of the illness
need not be perceivable at
such time, but the illness
itself must have attached
at such moment, or prior
thereto.
4. Such incapacity must also
be shown to be medically
or clinically permanent or
incurable.
5. Such illness must be
grave enough to bring
about the disability of the
party to assume the
essential obligations of
marriage.
6. The essential marital
obligations must be those
embraced by Articles 68 to
71 of the FC as regards
the husband and the wife
as well as Articles 220,
221, and 225 of the same
code in regard to parents
and children.
7. Interpretations given by
the National Appellate
Matrimonial Tribunal of the
Catholic Church in the
Philippines, while not
controlling or decisive,
should be given great
respect by our courts.
8. The trial court must order
the prosecuting attorney
or fiscal and Solicitor
General to appear as
counsel for the State.
Virtus Venustas Integritas
BAR SQUAD
Est. 2002
Annulment
Art. 45:
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 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) T h a t e i t h e r p a r t y w a s
physically incapable of
consummating the marriage
with the other, and such
incapacity continues and
appears to be incurable; or,
6) T h a t e i t h e r p a r t y w a s
afflicted with a sexually
transmissible disease found
to be serious and appears
to be incurable.
Legal Separation
Art. 55:
1) Repeated physical violence
or grossly abusive conduct
directed against the
petitioner, a common child,
or a child of the petitioner;
2) Physical violence or moral
pressure to compel the
petitioner to change
religious or political
affiliation;
3) Attempt of respondent to
corrupt or induce the
petitioner, a common child,
a child of the petitioner, to
engage in prostitution, or
connivance in such
corruption or inducement;
4) Final judgment sentencing
the respondent to
imprisonment of more than
six years, even if pardoned;
5) Drug addiction or habitual
alcoholism of the
respondent;
6) L e s b i a n i s m or
homosexuality of the
respondent;
7) C o n t r a c t i n g b y t h e
respondent of a subsequent
bigamous marriage,
whether in the Philippines
or abroad;
8) S e x u a l i n f i d e l i t y o r
perversion;
9) Attempt by the respondent
against the life of petitioner;
or
10)Abandonment of petitioner
by respondent without
justifiable cause for more
than one year.
Page 2 of 14

Declaration of Nullity
(Psychological Incapacity)
Art. 43:
1) T h e c h i l d r e n o f t h e
subsequent marriage
conceived prior to its
termination shall be
considered legitimate, and
their custody and support in
case of dispute shall be
decided by the court in a
proper proceeding;
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.
Virtus Venustas Integritas
BAR SQUAD
Est. 2002
Annulment
EFFECTS
Art. 50:
1) The effects provided for in
paragraphs (2), (3), (4), and
(5) of Article 43, and in
Article 44 shall also apply in
proper cases to marriages
which are declared void ab
initio or annulled by final
judgment under Articles 40
and 45.
2) 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
their presumptive legitimes,
unless such matters had
been adjudicated in
previous judicial
proceedings.
3) All creditors of the spouses
as well as of the absolute
community or the conjugal
partnership shall be notified
of the proceedings for
liquidation.
4) In 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.
RATIFICATION
Legal Separation
Art. 63:
1) T h e s p o u s e s s h a l l b e
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
s u c c e s s i o n . M o r e o v e r,
provisions in favor of the
offending spouse made in
the will of the innocent
spouse shall be revoked by
operation of law.
Art. 64:
1) 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 a beneficiary in
any insurance policy, even
if such designation be
stipulated as irrevocable.
Page 3 of 14
 BAR SQUAD
Est. 2002

Declaration of Nullity Annulment Legal Separation

(Psychological Incapacity)
A void marriage cannot be ratified since there is no Art. 56. The petition for legal
marriage to speak of. A voidable marriage is susceptible separation shall be denied on
of convalidation or ratification either by the free any of the following grounds:
cohabitation of the parties or by prescription. 1) Where the aggrieved
party has condoned the
offense or act
Certain marriages, however, cannot be ratified or complained of;
convalidated by free cohabitation, namely: 2) Where the aggrieved
1) Those vitiated by a prior subsisting marriage, since party has consented to
the cause of the nullity of this marriage exists as the commission of the
long as the absent spouse is alive; offense or act
2) Those vitiated by the impotency of one spouse, complained of;
since the cause of nullity does not cease to exist as 3) Where there is
long as such impotency of the spouse remains; connivance between
and, the parties in the
3) Those vitiated by the affliction of one spouse of a commission of the
offense or act
sexually-transmitted disease found to be serious
constituting the ground
and appears to be incurable, since like impotency, for legal separation
the cause of the nullity of the marriage remains as 4) Where both parties
long as the sick spouse remains so afflicted. have given ground for
legal separation;
Furthermore, insanity or mental incapacity: 5) Where there is
1) May be of varying degrees; collusion between the
2) Is curable, being an illness; hence, the marriage is parties to obtain the
capable of ratification or convalidation; decree of legal
3) Has lucid intervals. separation; or
6) Where the action is
barred by prescription.

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
Article shall have the
following consequences: (1)
the legal separation
proceedings, if still pending
shall thereby by 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

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Declaration of Nullity
(Psychological Incapacity)
MANNER OF ASSAILING VALIDITY OF THE MARRIAGE
Section 2, par. d:
A petition under Article 36 of
the Family Code shall
specifically allege the
complete facts showing that
either or both parties were
p s y c h o l o g i c a l l y
incapacitated from
complying with the essential
marital obligations of
marriage at the time of the
celebration of marriage
even if such incapacity
manifest only after its
celebration.
The complete facts should
allege the physical
manifestations, if any, as
are indicative of
psychological incapacity at
the time of the celebration of
the marriage but expert
opinion need not be alleged.
A.M. No. 02-11-10-SC
Virtus Venustas Integritas
BAR SQUAD
Est. 2002
Annulment Legal Separation
Section 5. Section 2, par. b:
(1) The petition shall allege (1) Allege the complete facts
t h e c o m p l e t e f a c t s constituting the cause of
constituting the cause of action.
action.
(2) State the names and
(2) It shall state the names a g e s o f t h e c o m m o n
and ages of the common children of the parties,
children of the parties and s p e c i f y t h e r e g i m e
s p e c i f y t h e r e g i m e governing their property
governing their property relations, the properties
relations, as well as the involved, and creditors, if
properties involved. any. If there is no adequate
provision in a written
If there is no adequate agreement between the
p r o v i s i o n i n a w r i t t e n parties, the petitioner may
agreement between the apply for a provisional order
parties, the petitioner may for spousal support, custody
apply for a provisional order and support of common
for spousal support, the children, visitation rights,
custody and support of administration of community
common children, visitation or conjugal property, and
rights, administration of o t h e r s i m i l a r m a t t e r s
community or conjugal requiring urgent action,
property, and other matters
similarly requiring urgent
action.
(3) It must be verified and
accompanied celebration of
marriage. A.M. No.
02-11-10-SC
Page 5 of 14
 BAR SQUAD
Est. 2002

Declaration of Nullity Annulment Legal Separation

(Psychological Incapacity)
(3) Be verified and
accompanied by a
certification against forum
shopping. The verification
and certification must be
personally signed by the
petitioner. No petition may
be filed solely by counsel or
through an attorney-in-fact.
If the petitioner is in a
f o r e i g n c o u n t r y, t h e
verification and certification
against forum shopping
shall be authenticated by
the duly authorized officer of
the Philippine embassy or
legation, consul general,
consul or vice-consul or
consular agent in said
country

(4) Be filed in six copies.

The petitioner shall, within
five days from such filing,
furnish a copy of the petition
to the City or Provincial
Prosecutor and the
creditors, if any, and submit
to the court proof of such
service within the same
period.

Failure to comply with the

preceding requirements
may be a ground for
immediate dismissal of the
petition. A.M. No. 02-11-11-
SC

TIME TO ASSAIL

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Declaration of Nullity
(Psychological Incapacity)
If by the husband or the wife, Art. 47:
within the lifetime of both
husband and wife. If either
spouse are deceased, by the
heirs.
PARTY WHO CAN ASSAIL
Virtus Venustas Integritas
BAR SQUAD
Est. 2002
Annulment Legal Separation
Art. 57. An action for legal
1) For causes mentioned separation shall be filed within
in number 1 of Article five years from the time of the
45, within five years occurrence of the cause.
after attaining the age
of twenty-one, or at any
time before such party
has reached the age of
twenty-one (by the
parent or guardian or
person having legal
charge of the minor);
2) For causes mentioned
in number 2 of Article
45, at any time before
the death of either
spouse; or by the
insane spouse during
lucid interval or after
regaining sanity;
3) For causes mentioned
in number 3 of Article
45, within five years
after the discovery of
the fraud;
4) For causes mentioned
in number 4, 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, within five
years after the
marriage.
Page 7 of 14
 BAR SQUAD
Est. 2002

Declaration of Nullity Annulment Legal Separation

(Psychological Incapacity)
Sec. 2, par. a, a petition for Art. 47: Sec. 2, par. a, A petition for
declaration of absolute 1) By the party whose legal separation may be
nullity of void marriage may parent or guardian filed only by the husband or
be filed solely by the did not give his or the wife, as the case may
husband or the wife. A.M. her consent or by the be. A.M. No. 02-11-11-SC
No. 02-11-10-SC parent or guardian or
person having legal
Only an aggrieved or injured charge of the minor;
spouse may file petitions for 2) By the sane spouse
annulment of voidable who had no
marriages and declaration knowledge of the
of absolute nullity of void other’s insanity, or by
marriages. Such petitions any relative guardian
cannot be filed by the or person having
compulsory or intestate legal charge of the
heirs of the spouses or by insane, or by the
the State. [Section 2; insane spouse during
Section 3, paragraph a] lucid interval or after
regaining sanity;
Only an aggrieved or 3) F o r causes
injured spouse may file a mentioned in
petition for annulment of numbers 3, 4, 5, and
voidable marriages or 6, by the injured
declaration of absolute party.
nullity of void
marriages. Such petition
cannot be filed by
compulsory or intestate
heirs of the spouses or by
the State. The Committee
is of the belief that they
do not have a legal right
to file the
petition. Compulsory or
intestate heirs have only
inchoate rights prior to
the death of their
predecessor, and hence
can only question the
validity of the marriage of
the spouses upon the
death of a spouse in a
proceeding for the
settlement of the estate of
the deceased spouse filed
in the regular courts.

PRESCRIPTION OF ACTIONS

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 BAR SQUAD
Est. 2002

Declaration of Nullity Annulment Legal Separation

(Psychological Incapacity)
Art. 39. The action or If not filed within the given An action for legal
defense for the declaration time found in Article 47. separation must be filed
of absolute nullity of a within five years from the
marriage shall not prescribe. occurrence of the cause.
As also provided in A.M. After the lapse of the five-
No. 02-11-10-SC year period, the legal
separation case cannot be
filed. The time of discovery
of the ground for legal
separation is not material in
counting prescriptive period.

Legitimate and Illegitimate Children

Grounds to Impugn Legitimacy

Art. 166. Legitimacy of a child may be impugned only on the following grounds:
(1) That it was physically impossible for the husband to have sexual intercourse with his wife
within the first 120 days of the 300 days which immediately preceded the birth of the child
because of:
(a) the physical incapacity of the husband to have sexual intercourse with his wife;
(b) the fact that the husband and wife were living separately in such a way that sexual
intercourse was not possible; or
(c) serious illness of the husband, which absolutely prevented sexual intercourse;
(2) That it is proved that for biological or other scientific reasons, the child could not have
been that of the husband, except in the instance provided in the second paragraph of Article
164; or
(3) That in case of children conceived through artificial insemination, the written authorization
or ratification of either parent was obtained through mistake, fraud, violence, intimidation, or
undue influence. (255a)

Presumption of Filiation
Art. 168. If the marriage is terminated and the mother contracted another marriage within
three hundred days after such termination of the former marriage, these rules shall govern in
the absence of proof to the contrary:
(1) A child born before one hundred eighty days after the solemnization of the subsequent
marriage is considered to have been conceived during the former marriage, provided it be
born within three hundred days after the termination of the former marriage;
(2) A child born after one hundred eighty days following the celebration of the subsequent
marriage is considered to have been conceived during such marriage, even though it be born
within the three hundred days after the termination of the former marriage. (259a)

Prescription of Actions
Art. 170. The action to impugn the legitimacy of the child shall be brought within one year
from the knowledge of the birth or its recording in the civil register, if the husband or, in a

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 BAR SQUAD
Est. 2002

proper case, any of his heirs, should reside in the city or municipality where the birth took
place or was recorded.
If the husband or, in his default, all of his heirs do not reside at the place of birth as defined in
the first paragraph or where it was recorded, the period shall be two years if they should
reside in the Philippines; and three years if abroad. If the birth of the child has been
concealed from or was unknown to the husband or his heirs, the period shall be counted from
the discovery or knowledge of the birth of the child or of the fact of registration of said birth,
whichever is earlier. (263a)

Art. 171. The heirs of the husband may impugn the filiation of the child within the period
prescribed in the preceding article only in the following cases:
(1) If the husband should died before the expiration of the period fixed for bringing his action;
(2) If he should die after the filing of the complaint without having desisted therefrom; or
(3) If the child was born after the death of the husband. (262a)

Art. 173. The action to claim legitimacy may be brought by the child during his or her lifetime
and shall be transmitted to the heirs should the child die during minority or in a state of
insanity. In these cases, the heirs shall have a period of five years within which to institute the
action.

Legitimation of a Child
Art. 177. Only children conceived and born outside of wedlock of parents who, at the time of
the conception of the former, were not disqualified by any impediment to marry each other
may be legitimated. (269a)

Art. 178. Legitimation shall take place by a subsequent valid marriage between parents. The
annulment of a viodable marriage shall not affect the legitimation. (270a)

Art. 179. Legitimated children shall enjoy the same rights as legitimate children. (272a)

Art. 180. The effects of legitimation shall retroact to the time of the child's birth. (273a)

Art. 181. The legitimation of children who died before the celebration of the marriage shall
benefit their descendants. (274)

Art. 182. Legitimation may be impugned only by those who are prejudiced in their rights,
within five years from the time their cause of action accrues. (275a)

Recto and Maceda Law

Recto Law

Art. 1484 of the NCC incorporates the provisions of Act No. 4122 passed by the Philippine
Legislature on Dec. 9, 1939, known as the "Installment Sales Law" or the "Recto Law," which
then amended Art. 1454 of the Civil Code of 1889.

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 BAR SQUAD
Est. 2002

Art. 1484. In a contract if sale of personal property the price of which is payable in
installments, the vendor may exercise any of the following remedies:
(1) Exact fulfillment of the obligation, should the vendee fail to pay;
(2) Cancel the sale, should the vendee’s failure to pay cover two or more installments;
(3) Foreclose the chattel mortgage on the thing sold, if one has been constituted, should the
vendee’s failure to pay cover two or more installments. In this case, he shall have no
further action against the purchaser to recover any unpaid balance of the prince. Any
agreement to the contrary shall be void. (1454-A-a)

Maceda Law (R.A. No. 6552, a.k.a. Realty Installment Buyer Act)

Section 3. In all transactions or contracts involving the sale or financing of real estate on
installment payments, including residential condominium apartments but excluding industrial
lots, commercial buildings and sales to tenants under Republic Act Numbered Thirty-eight
hundred forty-four, as amended by Republic Act Numbered Sixty-three hundred eighty-nine,
where the buyer has paid at least two years of installments, the buyer is entitled to the
following rights in case he defaults in the payment of succeeding installments:
(a) To pay, without additional interest, the unpaid installments due within the total grace
period earned by him which is hereby fixed at the rate of one month grace period for every
one year of installment payments made: Provided, That this right shall be exercised by the
buyer only once in every five years of the life of the contract and its extensions, if any.
(b) If the contract is canceled, the seller shall refund to the buyer the cash surrender value of
the payments on the property equivalent to fifty per cent of the total payments made, and,
after five years of installments, an additional five per cent every year but not to exceed
ninety per cent of the total payments made: Provided, That the actual cancellation of the
contract shall take place after thirty days from receipt by the buyer of the notice of
cancellation or the demand for rescission of the contract by a notarial act and upon full
payment of the cash surrender value to the buyer.

Down payments, deposits or options on the contract shall be included in the computation of
the total number of installment payments made.

Section 4. In case where less than two years of installments were paid, the seller shall give
the buyer a grace period of not less than sixty days from the date the installment became due.
If the buyer fails to pay the installments due at the expiration of the grace period, the seller
may cancel the contract after thirty days from receipt by the buyer of the notice of cancellation
or the demand for rescission of the contract by a notarial act.

Section 5. Under Section 3 and 4, the buyer shall have the right to sell his rights or assign the
same to another person or to reinstate the contract by updating the account during the grace
period and before actual cancellation of the contract. The deed of sale or assignment shall be
done by notarial act.

Section 6. The buyer shall have the right to pay in advance any installment or the full unpaid
balance of the purchase price any time without interest and to have such full payment of the
purchase price annotated in the certificate of title covering the property.

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 BAR SQUAD
Est. 2002

Section 7. Any stipulation in any contract hereafter entered into contrary to the provisions of
Sections 3, 4, 5 and 6, shall be null and void.

Preference of Credit
CONCURRENCE OF CREDITS
Implies the possession by two or more creditors of equal rights or privileges over the
same property or all the property of a debtor

PREFERENCE OF CREDIT
Right held by a creditor to be preferred in the payment of his claim above others out of the
debtor’s assets

NATURE AND EFFECT OF PREFERENCE

1. A preference is an exception to the general rule. For this reason, the law as to
preferences is strictly construed.
2. Preference doesn’t create an interest in property. it creates simply a right of one
creditor to be paid first the proceeds of the sale of property as against another creditor.
3. The law doesn’t give the creditor who has a preference a right to take the property or sell
it as against another creditor. It is not a question who takes or sells, it is one of the
application of the proceeds after the sale—of payment of the debt
4. The right of preference is one which can be made only by being asserted and
maintained. If the right claimed is not asserted or maintained, it is lost.
5. Where a creditor released his levy, leaving the property in possession of the
debtor, thereby indicating that he didn’t intend to press his claim further as to that
specific property, after that act, his claim to preference, if one had been asserted y him, could
not exist because he had ceased to contest.

WHEN RULE OF PREFERENCE APPLICABLE

Apply only where two or more creditors have separate and distinct claims against the
same debtor who has an insufficient property
Is applicable when the debtor is insolvent—having more liabilities than his assets
It is a matter of necessity and log that the question of preference should arise only
when the debtor’s assets are insufficient to pay his debts in full

AS A RULE, A DEBTOR IS LIABLE WITH ALL HIS PROPERTY, PRESENT AND FUTURE,
FOR THE FULFILLMENT OF HIS OBLIGATIONS

EXEMPT PROPERTY
1. Present property-Articles 152, 153, 154, 155, 205(Family Code); Section 13 Rule
39 of the Rules of Court; Section 118 of CA 141

ORDER OF PRIORITY ONLY WITH RESPECT TO INSOLVENT’S FREE PROPERTY

1. Specially preferred credits—credits which are specially preferred because they
constitute liens take precedence over ordinary preferred credits so far as concerns the
property to which the liens are attached

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 BAR SQUAD
Est. 2002

a. Specific property involved of greater value

b. Specific property involved of lesser value—will be treated as ordinary preferred credits
and to be paid
in the order of preference therein provided
2. Ordinary preferred credits—only in respect of the insolvent’s free property, is
an order of priority established. In this sequence, certain taxes and assessments
also figure but, as already pointed out, these don’t have the same kind of overriding
preference

Involuntary dealings of registered lands

Presidential Decree No. 1529

Section 51. Conveyance and other dealings by registered owner. An owner of registered land
may convey, mortgage, lease, charge or otherwise deal with the same in accordance with
existing laws. He may use such forms of deeds, mortgages, leases or other voluntary
instruments as are sufficient in law. But no deed, mortgage, lease, or other voluntary
instrument, except a will purporting to convey or affect registered land shall take effect as a
conveyance or bind the land, but shall operate only as a contract between the parties and as
evidence of authority to the Register of Deeds to make
registration.
The act of registration shall be the operative act to convey or affect the land insofar as third
persons are concerned, and in all cases under this Decree, the registration shall be made in
the office of the Register of Deeds for the province or city where the land lies.

Illegitimate child - use of surname of Father (RA 9255)

From the foregoing provisions, it is clear that the general rule is that an illegitimate child shall
use the surname of his or her mother. The exception provided by RA 9255 is, in case his or
her filiation is expressly recognized by the father through the record of birth appearing in the
civil register or when an admission in a public document or private handwritten instrument is
made by the father. […] In such a situation, the illegitimate child may use the surname of the
father. Art. 176 gives illegitimate children the right to decide if they want to use the surname of
their father or not. It is not the father (herein respondent) or the mother (herein petitioner) who
is granted by law the right to dictate the surname of their illegitimate children. (Grande vs
Antonio, 2014)

Clerical Error Act

As a general rule, no entry in the civil register shall be changed or corrected without a judicial
order. Hence, the usual process for correcting errors in the birth certificate is to file a petition
in court. Fortunately, Republic Act No. 9048, as recently amended by Republic Act No. 10172,
allowed the administrative correction of certain entries with the Civil Register, including entries
in the birth certificate.

Under Section 1 of R.A. No. 9048, clerical or typographical errors on entries in a civil register
can be corrected and changes of first name can be done by the concerned city civil registrar

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 BAR SQUAD
Est. 2002

without need of a judicial order. Aforesaid Section 1, as amended by R.A. No. 10172, now
reads: SECTION 1. Authority to Correct Clerical or Typographical Error and Change of First
Name or Nickname. – No entry in a civil register shall be changed or corrected without a
judicial order, except for clerical or typographical errors and change of first name or nickname,
the day and month in the date of birth or sex of a person where it is patently clear that there
was a clerical or typographical error or mistake in the entry, which can be corrected or
changed by the concerned city or municipal civil registraror consul general in accordance with
the provisions of this Act and its implementing rules and regulations.

In Silverio v. Republic, we held that under R.A. No. 9048, jurisdiction over applications for
change of first name is now primarily lodged with administrative officers. The intent and effect
of said law is to exclude the change of first name from the coverage of Rules 103 (Change of
Name) and 108 (Cancellation or Correction of Entries in the Civil Registry) of the Rules of
Court, until and unless an administrative petition for change of name is first filed and
subsequently denied. The remedy and the proceedings regulating change of first name are
primarily administrative in nature, not judicial. In Republic v. Cagandahan, we said that under
R.A.No. 9048, the correction of clerical or typographical errors can now be made through
administrative proceedings and without the need for a judicial order. The law removed from
the ambit of Rule 108 of the Rules of Court the correction of clerical or typographical errors.
(Onde v. Office of the Local Civil Registration of Las Piñas City, G.R. No. 197174,
September 10, 2014).

Breach of Contract

Article 1170 of the Civil Code which reads: Those who in the performance of their obligations
are guilty of fraud, negligence or delay, and those who in any manner contravene the tenor
thereof, are liable for damages.

Breach of contract is defined as the failure without legal reason to comply with the terms of a
contract. It is also defined as the failure, without legal excuse, to perform any promise which
forms the whole or part of the contract. (Cathay Pacific Airways Ltd v. Sps. Vasquez, G.R.
No. 150843, March 14, 2003.)

In a breach of contract, the contracted violated is the subject matter, while the breach thereof
by the obligor is the cause of action. The subject matter is the item with respect to which the
controversy has arisen or concerning which the wrong has been done, and is ordinarily the
right, the thing or the contract under dispute.

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