REPUBLIC ACT NO.

386- THE NEW CIVIL CODE OF THE PHILIPPINES

Article Provisions/Important Notes Legal Basis/Ruling based on Cases
No.

Chapter 1: Effect and Application of Laws

 Effectivity of laws = 15 days following the The Court ruled that Art. 2 DOES NOT
COMPLETION of their publication PRECLUDE the requirement
(Official Gazette/any newspaper of publication of Art 2 even if the law
general circulation in the PH), UNLESS provides for the date of its effectivity
2 OTHERWISE PROVIDED. since the purpose of the law is for the
 15th day: “15 days AFTER its people to know about it not for the law
publication” to regulate their action (Tanada v.
 16th day: “after 15 days FOLLOWING its Tuvera).
publication”
 Ignorance of the law excuses no one
from compliance therewith.
3
 Ignorance of fact may be excusable (e.g.
knowledge about foreign laws).
 Laws shall have no retroactive effect
unless the contrary is provided.
 GENERAL RULE: Laws are
PROSPECTIVE (laws look forward, not The Court ruled that penal laws shall
backward) have a retroactive effect is so far, they
 EXCEPTIONS favor the person guilty of a felony, who
a. If the law provides for is not a habitual delinquent, although
4
RETROACTIVITY at the time of the publication of such
b. PENAL LAWS favorable to the laws final sentence has been
accused pronounced and the convict is serving
c. If the law is PROCEDURAL the same (People v. Valdez).
d. Law is CURATIVE
e. Law creates new SUBSTANTIVE
RIGHTS
 Acts executed against the provisions of
MANDATORY (law commands
something to be done) or PROHIBITORY
(commands something that should NOT
be done) laws shall be VOID, except
when the law itself authorizes their
validity.
 EXCEPTIONS
a. When the law itself authorizes its
5
validity.
b. When the law makes the act valid but
punishes the violator.
c. When the law makes the act
voidable, that is, valid unless
annulled.
d. When the law declares the act void
but recognizes legal effects as arising
from it.
6  Rights may be waived, unless the waiver
is contrary to law, public order/policy,
 morals, or good customs or prejudicial to
a third person with a right recognized by
law.
 Elements of Rights: Subject, Object,
Efficient Cause
 Kinds of Rights: Civil, Political
 Repealing of laws
 Express – repealing clause/special
provision of a subsequent law
A special law cannot be repealed,
 Implied- only when the provisions of
amended, or altered by a subsequent
the subsequent law are incompatible
7 general law by mere implication
(must be of the same subject matter, (Laguna Lake Development
latter is repugnant to the earlier). Authority v. CA).
 The special law shall prevail since the
legal intent is more specific than the
general law.
 Judicial decisions applying or
interpreting the laws shall form a part
of the legal system.
 Judicial decisions-retroactive or To adhere to precedents and not to
prospective unsettle established matters that
8  DOCTRINE OF STARE DECISIS- enjoins adherence to judicial
adherence to judicial precedents precedents embodied in the SC
embodied in the decisions of the SC; decision (PLDT v. Alvarez).
a conclusion reached in one case (diff
parties but same facts) = same SC
decision
 No judge or court shall decline to render
9
judgment.
 In case of doubt in the interpretation or
application of laws, it its presumed that
10
it is intended right, and justice shall
prevail.
 Customs which are contrary to law,
11 public order/policy shall not be
countenanced
 A custom must be proven as a fact,
12
according to the rules of evidence.
 Years=365 days
 Months=30 days
13
 Day=24 hours
 Night= from sunset to sunrise
 Laws relating to family rights and
duties, or to the status and legal
condition and legal capacity of
persons are binding upon citizens of
15
the Ph, even though living abroad.
 NATIONALITY RULE: the national
law of the person involved shall
prevail.
16  Real properties/personal properties Even if there is a provision in the
are subject to the law of the country foreigner’s last will and testament that
where it is situated (PRINCIPLE OF his properties should be distributed in
LEX REI SITAE). accordance with Philippine law, still
  EXCEPTION: National law of the
decedent for intestate and
testamentary successions shall
prevail not the law of the country
his national law cannot be ignored
where the property is located.
(Bellis v. Bellis).
 RENVOI DOCTRINE: Referring back
to the foreign law where the decedent
is a national of that country, and a
domicile of another.
 LEX LOCI CELEBRATIONIS: the
forms and solemnities of contracts,
wills, and other public instruments
shall be governed by the laws of the
country in which they are executed.
 The EXTRINSIC validity of wills = lex
17 loci celebrationis shall prevail
 INTRINSIC validity of wills=
nationality rule
 INTRINSIC validity of contracts=lex
loci voluntatis , lex loci intentionis
 LEX REI SITAE= immovable
properties (parcel of land)

Chapter 2: Human Relations

 Rule of conduct for the govt of human

relations and for the maintenance of
19 social order, it does NOT provide a
remedy for its violation; act must be
intentional.
 Anyone who, whether willfully or
negligently, in the exercise of his
20 legal right and duty, causes damage
to another, shall indemnify his victim
for injuries suffered thereby.
21  Any person who willfully (intentional
act) causes loss or injury to another
in a manner contrary to morals, good
customs, or public policy shall
compensate the latter for the
damage.
 DAMNUN ABSQUE INJURIA:
the legitimate exercise of a
person’s rights, even if it
causes loss to another, does
not automatically result in an
actionable injury; A LOSS
WITHOUT INURY.
 DAMNUM ET INJURIA: an act
causing damage, hurtful and
wrongful =civil liability.
 Breach of promise to marry is
NOT an actionable wrong
(Baksh v. CA).
 If there is MORAL
SEDUCTION, breach of
promise to marry is an
actionable wrong (Baksh v.
CA).

 Damages can be awarded if

fraud and deceit, ingenious
scheme, or trickery, are
employed in obtaining consent
of the woman to the sexual act
 (Baksh v. CA; Pe v. Pe).

 If expenses are actually

incurred, the plaintiff has the
right to recover money or
property advanced by him upon
the faith of such promise
(Wassmer v. Velez).
 UNJUST ENRICHMENT: A person is
unjustly benefited, and such benefit is
22
derived at the expense of or with
damages to another.
 Remedies for unjust enrichment
 ACCION IN REM VERSO: mistake of
law; obligation of the debtor to return
the undue payment is based on law.
 SOLUTIO INDEBITI: mistake of fact;
23 based on quasi-contract; the undue
payment must have been made
reason of either mistake of fact or
mistake in the
construction/application of a doubtful
or difficult question of law.
 THOUGHTLESS EXTRAVAGANCE
in expenses for pleasure or display
25 during a period of acute public want
or emergency and may be stopped by
a govt/private charitable institution.
 Refusal or neglect to perform official
duties of a public officer
27 (nonfeasance) = causes material or
moral loss to any person = civil
liability.
 UNFAIR COMPETITION: use of WPC v. JMC
force, machination, deceit,  The law prohibits is unfair
intimidation = injury to a competition and not competition
28
competitor/trade rival, which involves where the means used are fair
acts contrary to good conscience and and legitimate.
shocking judicial sensibilities.
 Every person criminally liable is also
civilly liable.
 Delict as a source of civil liability.
29  Acquittal of the accused is possible:
the person is NOT author of
fact/omission; based on reasonable
doubt.
30  RULE OF IMPLIED INSTITUTION:
when a criminal action is instituted,
the civil action for the recovery of civil
liability shall be deemed instituted
with the criminal action.
 RESERVATION FOR CIVIL ACTION:
shall be made BEFORE the
prosecution starts presenting its
 evidence.
 CIVIL ACTION FILED BEFORE A
CRIMINAL ACTION: if the criminal
action is instituted first, the civil action
is suspended until final judgment is
rendered in the criminal action.
 CIVIL ACTION IS FILED, BUT NO
CRIMINAL ACTION: a
preponderance of evidence shall be
sufficient to prove the act complained
of.
 QUASI-DELICT or culpa aquiliana
31 are voluntary or negligent acts which
may be punishable by law.
 Violation of the Bill of Rights by a
32 public officer to another person =
liable for damages.
 INDEPENDENT CIVIL ACTION: may
be filed by the offended party and can
proceed independently of the criminal
33
action and only a preponderance of
evidence is required.
 PHYSICAL INJURY = bodily injury
 PREJUDICIAL QUESTIONS: one
which arises in a case, the resolution
of which questions are logical
antecedent of the issue in the case.
36 GENERAL RULE- only comes into
play when a civil and criminal action
are both pending, and a former issue
must be preemptively resolved before
the criminal action may proceed.

Book 1-Persons: Chapter 1 General Provisions

 JURIDICAL CAPACITY: the fitness

to be the subject of legal relations,
inherent in every NATURAL person
37 and lost only through DEATH.
 CAPACITY TO ACT: the power to do
acts with legal effect, is acquired and
may be lost.
38  RESTRICTIONS ON CAPACITY TO
ACT
1. MINORITY: he may NOT enter
into a contract.
a. Contract is voidable and
unenforceable if one of the
contracting parties is incapable
of giving consent/both parties
are minor and only one
guardian has ratified it;
validated from inception = both
parties’ guardian ratified the
 contract.
b. Misrepresentation of age =
misled the other party into
believing, upon reaching the
age of majority, minor can NO
longer annul the contract on
the ground of estoppel;
passive/constructive
misrepresentation = allowed to
annul the contract.
2. IMBECILITY= cannot give
consent and cannot make a valid
will/testament; exempted from
criminal liability; contracts entered
into are VOIDABLE.
INSANITY= contracts are valid
when done during LUCID
INTERVAL; cannot give consent
and cannot make a valid
will/testament; contracts entered
into are VOIDABLE.
3. DEAF-MUTISM: only those who
can read and write can enter into
contracts and capable of giving
consent.
4. CIVIL INTERDICTION: penalty
that deprives a person of the
rights of parental and marital
authority, property mgt and
disposition.
5. PRODIGALITY: does not limit a
person to enter into contracts BUT
may be placed under
guardianship as an incompetent =
he can only bind himself in a
contract through his guardian.
 Circumstances that modify or limit
capacity to act (age, insanity,
imbecility, deaf-mutism, penalty,
39
prodigality, family relations, alienage,
absence, insolvency, and
trusteeship).
40  BIRTH determines personality, but
the CONCEIVED CHILD shall be
considered BORN for all purposes
favorable to it, provided it would be
born later.
 A conceived child is given a
PROVISIONAL PERSONALITY with
the ff. rights:
a. Support from its progenitors
b. Receive donations and can be
retracted if conditions under Art 41
are not met
c. Compulsory heir when conceived
 upon death of the decedent
d. Legitimate if conceived inside a
valid marriage; legitimate upon
recognition of paternity for
illegitimate children.
 When fetus is deemed BORN: alive at
the time it is completely delivered from
the mother’s womb.
 Complete delivery = after cutting of the
umbilical cord and the child is alive,
41
even only for a FEW HOURS, it is
considered as a person.
 Fetus had an intrauterine life of LESS
THAN 7 MONTHS = it is NOT deemed
born.
 Civil personality is extinguished by
DEATH.
42  The rights and obligations of the
deceased is determined by will, by law,
or by contract.

 RULE 13, Section 3 (jj) on

purposes of succession when 3
persons died in the same calamity
and it is not shown who died first,
the strength and age of the sexes,
are the basis on the rule of
survivorship.
RULE OF SURVIVORSHIP a. Both were under 15, the
 A transmission of successional rights older is deemed to have
involving persons who are called to survived.
succeed each other by reason of a will b. Both were above 60, the
or by operation of law. younger is deemed to have
 Requisites: Whoever alleges the death survived.
43
of one prior to the other shall prove the c. One is under 15 and the
same; in the absence of proof, the law other is above 60, the
presumes that both of them died at the former is deemed to have
same time, therefore, there shall be NO survived.
transmission of rights from one to the d. If both be over 15 and under
other. 60, different sexes, the male
is deemed to have survived,
if the sex is the same, the
older.
e. If one be under 15 or over
60, and the other is between
those ages, the latter is
deemed to have survived.
44-47  JURIDICAL PERSONS: artificial beings
to which the law grants a personality
a. State and its political subdivisions
b. Corporations and institutions (public)
corporations, partnerships, and
associations (private)
 Juridical persons may acquire and
possess property of all kinds, as well as
 incur obligations and bring civil and
criminal actions.
 Sole proprietorship is neither a
natural/juridical person and has no
juridical personality.

EXECUTIVE ORDER NO. 209- THE FAMILY CODE OF THE PHILIPPINES

Article Provisions/Important Notes Legal Basis/Ruling based on Cases
No.
 MARRIAGE is:
-a SPECIAL contract of
PERMANENT UNION between a
1 MAN and a WOMAN entered into in
accordance with law for the
establishment of CONJUGAL and
FAMILY life.
 Essential Requisites of marriage
1. LEGAL CAPACITY of the
contracting parties who must be a
MALE and a FEMALE.
a. Age Requirement (AT LEAST
2 18 years old)
b. Sex (Male and Female)
c. ABSENCE of legal
impediments
2. CONSENT freely given in the
presence of a solemnizing officer.
 Formal Requisites of marriage
1. Authority of the SOLEMNIZING
OFFICER (incumbent members of
the judiciary, priest, rabbi, imam,
or minister of any church/religious
sect duly authorized by his
church, ship captain or airplane
chief, military commander- articulo  A common-law marriage is
mortis, consul general, consul, NOT recognized as valid in the
vice consul, and mayors under Philippines because marriage
LGC) ceremony is a requisite for its
2. VALID MARRIAGE LICENSE validity.
Exceptions: marriage in articulo
3
mortis, remote location of either  Marriage-by-proxy is not
party and there are no means of recognized as valid bec. it
transpo to appear personally at requires the personal
the LCR, muslim marriages, and appearance of contracting
ratification of marital cohabitation parties in the marriage
as husband and wife for at least 5 ceremony = VOID ab initio.
years without any legal
impediments.
3. MARRIAGE CEREMONY-
personal appearance of both
parties, solemnization of an
authorized solemnizer, and at
least 2 witnesses.
4  ABSENCE of ANY of the Fujiki v. Marinay
 ESSENTIAL or FORMAL requisites
renders the marriage VOID AB
INITIO.
 DEFECT in any of the ESSENTIAL
REQUISITES renders the marriage  If any of the essential requisites
VOIDABLE until annulled. is defective, the marriage is not
 IRREGULARITY in the FORMAL void ab initio but merely
REQUISITES does NOT affect the voidable.
validity of the marriage but the
parry/parties responsible shall be
CIVILLY, CRIMINALLY, and
ADMINISTRATIVELY liable.
 No prescribed form or religious rite for Morigo v. People
the solemnization of marriage is  If there is only mere signing of
required. the marriage contract by the
 In case of marriage in articulo mortis, parties, without the presence of
one of the witnesses may sign the a solemnizing officer, there is
6
marriage certificate on behalf of the no marriage to speak of since
party who is unable to sign it. there is no actual marriage
ceremony performed between
the parties by a solemnizing
officer.
 AUTHORIZED PERSONS TO
SOLEMNIZE MARRIAGE
1. Members of the Judiciary
(Justices, Judges) are only
allowed to perform marriages
WITHIN their territorial/court’s
jurisdiction. Marriages outside of
court’s jurisdiction, no authority =
VOID AB INITIO Navarro v. Domagtoy
2. Priest, Rabbi, Iman, or Minister  When a judge solemnizes a
= duly authorized by their church, marriage outside his court’s
registered with the Civil Registrar jurisdiction, there is a resultant
General + license to solemnize irregularity in the formal
marriages, act within the limits of requisite laid down in Article 3,
his written authority, and at least which while it may affect the
one of the contracting parties validity of the marriage, may
7 belong to the said church. subject the officiating official to
ABSENCE/FAILURE to comply administrative liability.
with the said reqs = VOID AB
INITIO  Marriage in good faith, when
3. Mayors = authority was restored the parties believe that the
by the Local Govt Code of 1991. solemnizing officer had the
All marriages solemnized after the legal authority to do so, shall
effectivity of the Family Code on not render the marriage void ab
Aug 3, 1988 but prior to the initio.
effectivity of the LGC on Jan 1,
1992 = VOID AB INITIO
Effect of marriages solemnized
outside their territorial jurisdiction
= MARRIAGE IS STILL VALID
bec. the LGC did not limit the
exercise of such authority to their
territorial jurisdiction.
  Venue of marriage = publicly
solemnized in the chambers of
8
judge/open court, church, chapel,
temple, office of consul.
 Issuance of a Marriage License by
the LCR of the city/municipality where
either contracting party habitually
resides.
 Validity of Marriage License: 120
days from the date of issue, valid in
any part of the Philippines.
 After the expiration, the license is
deemed automatically cancelled =
VOID AB INITIO.
 The LCR shall prepare a notice which  Absence of Certificate of
shall contain the full names and Compliance in Family Planning
residences of the applicants for a Seminar is merely an
9,11-21 marriage license and other data given irregularity with the formal
in the application. requirement in procuring a
 Documents Accompanying the marriage license will NOT affect
Application the validity of the marriage.
a. Birth/Baptismal Certificate
b. Death Certificate of Spouse,
Divorce Decree
c. Written parental consent (between
the ages of 18 and 21)
d. Written parental advice (between
the ages of 21-25)
e. Certificate of Legal Capacity
f. Certificate of Compliance in
Family Planning Seminar (RH law,
Responsible Parenthood)
 Marriages between Filipino Citizens
abroad may be solemnized by a
10 consul-general, consul or vice-
consul of the Republic of the
Philippines.
26  All marriages solemnized abroad in  Void ab initio marriages even if
accordance with the laws in force in they are validly celebrated
that country, are valid in the abroad
Philippines (lex loci celebrationis).  Both/either one of them is
 Where a mixed marriage is validly below 18 (mixed marriages)
celebrated and a divorce was  If one is a Filipino and below 18
obtained validly abroad by  Bigamous/polygamous
capacitating the alien spouse to marriage
remarry, the Filipino spouse shall  Mistake of identity
likewise have capacity to remarry  Failure to comply with judicial
under Philippine law. declaration of nullity of a
 Philippine law does NOT provide previous marriage
for ABSOLUTE DIVORCE; hence  Psychological incapacity
our courts cannot grant it.  Incestuous marriage
 A marriage between two Filipinos  Void by reason of public policy
CANNOT be dissolved even if
obtained abroad, it is VOID and Van Dorn v. Romillo
  The SC has consistently held
that a divorce obtained abroad
by an alien may be recognized
in our jurisdiction, provided
such decree is VALID
according to the national law of
the foreigner.

Republic v. Orbecido III

 The reckoning point is NOT the
INEFFECTUAL, because it is citizenship of the divorcing
contrary to our public policy and parties at birth or at the time of
morality. the marriage, but their
citizenship AT THE TIME the
valid divorce is obtained
abroad.

Republic v. Manalo
 Where a mixed marriage is
validly celebrated and a divorce
was obtained validly abroad by
the Filipino spouse, the Filipino
spouse shall likewise have
capacity to remarry under
Philippine law.

Chapter 2: Marriages Exempt from License Requirement

 Marriage in articulo mortis, remote

location of either party and there are
no means of transpo to appear
personally at the LCR, Muslim
27-30 marriages, and ratification of
marital cohabitation as husband
and wife for at least 5 years without
any legal impediments.

 Authority of the ship captain or

airplane chief to solemnize
marriages in ARTICULO MORTIS,
between passengers and/or crew
members, ONLY when the ship/plane
is on board and during stopovers.
31-32  Authority of military commander to
solemnize marriages who must be
the commissioned officer, if assigned
chaplain is absent, ARTICULO
MORTIS, and in the zone of military
operation, parties are either members
of the armed force or civilians.

33-34  Legal Ratification of Marital Ninal v. Bayadog

Cohabitation (Requisites)  The five-year common law
 a. Man and woman living together as
husband and wife for at least 5
years before the marriage
b. Absence of legal impediment
c. Absence of legal impediment cohabitation period is counted
present at the time of marriage back from the date of
d. Execute an affidavit of stating that celebration of marriage and
they have lived together for at characterized by continuity,
least 5 years (and without legal meaning the five-year period
impediments) must be unbroken.
e. Solemnizing officer must execute
a sworn statement that he had
checked the requirements and
found no legal impediment.

Chapter 3: Void and Voidable Marriages

Void Marriages Voidable Marriage

 NEVER to have taken place at all and
cannot be a source of rights.
 Can NEVER be RATIFIED and is
NOT subject to PRESCRIPTION.
 CAN be attacked COLLATERALLY.
 CAN be questioned even after the
DEATH of either party.
 Action or defense for NULLITY is
IMPRESCRIPTIBLE.
 NO LEGAL EFFECTS except those
declared by law concerning the
properties of the alleged spouse
(ownership and co-ownership through
ACTUAL JOINT CONTRIBUTION).
 Considered VALID and
produces all its civil effects,
until annulled.
 Can generally BE RATIFIED or
confirmed by FREE
COHABITATION.
 Can only be assailed only in a
DIRECT PROCEEDING for that
purpose and NOT collaterally.
 CAN be assailed only during
the LIFETIME of the parties
and NOT after the death of
either.
 Action is PRESCRIPTIBLE.
 Property regime is generally
ABSOLUTE COMMUNITY or
CONJUGAL PARTNERSHIP
and the CHILDREN conceived
BEFORE its annulment are
LEGITIMATE.

GENERAL RULE: Inexistent from the very

beginning; void ab initio.
 It is NOT a subsisting marriage for all
purposes except for the purpose of
CONTRACTING ANOTHER
MARRIAGE.
 The parties are NOT actually
spouses, not obligated to support
each other.

EXCEPTION: For the purpose of contracting

another marriage and only for that purpose,
Article 40 of the Family Code considers a
void marriage as a subsisting marriage
UNLESS a judicial declaration of absolute
nullity of the void marriage is obtained prior
to the contracting of any subsequent
marriage.
 (-) judicial declaration of the absolute
nullity of the prior void marriage =
subsequent marriage is BIGAMOUS=
consequently subsequent marriage
will also be VOID.

WHO CAN FILE PETITION FOR DECLARATION OF NULLITY

 Any proper interested party may  According to A.M. No. 02-11-
attack a void marriage (Ninal v. 10-SC, ONLY the HUSBAND
Bayadog). and the WIFE. Such petition
may NOT be filed by
 Recourse for Compulsory and compulsory or intestate heirs of
Intestate Heirs: They can still protect the spouses, by the State, or by
their successional rights in the event any party outside the marriage.
of a question on the validity of the
marriage of the spouses, but not in a
proceeding for declaration of nullity, Fujiki v. Marinay
but upon the death of a spouse, in a  In cases of BIGAMY, the prior
proceeding for the settlement of the and the subsequent spouse
estate of the deceased spouse filed in has the personality to file
the regular courts (Carlos v. declaration of nullity of
Sandoval). marriage because it concerns
their status.
MARRIAGES EXPRESSLY DECLARED
VOID UNDER THE CODE
 Parties below 18 years old
 Solemnized by any person not legally
authorized sans believing in good
faith that the solemnizing officer had
the legal authority to do so
 Solemnized WITHOUT license
 Bigamous and polygamous
 Mistake of identity
 Failure to record the judgment of
nullity of previous marriage
 Psychological incapacity
 Between ascendants and
descendants, whether legitimate or
illegitimate
 Between brothers and sisters,
whether full or half blood, whether
legitimate or illegitimate
 Between collateral blood relatives up
to the fourth civil degree, whether
legitimate or illegitimate
 Between stepparents and
stepchildren
 Between parents-in-law and children-
 in-law
 Between adopting parent and
adopted child
 Between surviving spouse of the
adopted child and the adopter
 Between legitimate child of the
adopter and adopted child
 Between adopted children of the
same adopter
 Between parties where one, with the
intention to marry the other, killed that
other person’s spouse, or his/her
spouse
 No declaration of nullity of a previous
void ab initio marriage
 Subsequent bigamous marriage if
both parties acted in bad faith.
35 Other Void Marriages
 Contracted by any party below 18
years old WITHOUT parental consent
= ABSOLUTE, no exemptions,
regardless of the place of celebration
= (-) legal capacity.

 Solemnizer has no authority to

perform marriages
= IGNORANCE OF THE LAW
EXCUSES NO ONE =Exceptions in
Art. 35(2) WILL NOT APPLY.
=IGNORANCE OF FACTS =
applicable exceptions (where both
parties are unaware of the deception
of a person who posed as a priest,
expiration of authority to solemnize
marriage and not duly registered in
the Civil Registrar General, acted
beyond the limits of his written
authority and parties were not aware).

 Lack of Marriage License = absence

of a formal requisite renders them
marriage void ab initio.

 Bigamous Marriage (1) Art. 35(4) The

prior marriage is either perfectly valid
or voidable and another marriage is
contracted during its subsistence; (2)
Art. 40 Declaration of nullity of
subsequent marriage contracted by a
spouse of a prior void marriage
before the latter is judicially declared
void.

 Mistake in Identity: A marriage

contracted through mistake of one
 contracting party as to the identity of
the other is void from the beginning.

 Non-compliance with procedure

under Art. 52

36 PSYCHOLOGICAL INCAPACITY P.I. Characteristics (Santos v. CA)

 At the time of the celebration of  Gravity-serious enough that the
marriage party would be incapable of
 Psychologically incapacitated to carrying out the ordinary duties
comply with essential marital required in a marriage.
obligations of marriage  Juridical Antecedence-must be
 VOID even if such incapacity existing at the time of the
becomes manifest only after its marriage.
solemnization.  Incurability-medically/clinically
permanent.
*It refers to no less than a mental (not
physical) incapacity that causes a
party to be truly incognitive of the
basic marital covenants that
concomitantly must be assumed and
discharged by the parties to the
marriage.

Guidelines (Republic v. CA &

Molina)
1. Burden of proof to show the
nullity of the marriage belongs
to the plaintiff.
2. The root cause must be (a)
medically or clinically identified,
(b) alleged in the complaint, (c)
proven be experts, and (d)
clearly explained in the
decision.
3. Incapacity must be existing at
the time of the celebration of
the marriage.
4. Medically/clinically permanent
and incurable.
5. Grave enough to bring about
the disability of the party to
assume essential marital
obligations.
6. Essential marital obligations
must be those embraced in
Arts. 68-71 of the Family Code
as regards to husband and
wife.
7. Interpretations given by the
National Appellate Matrimonial
Tribunal of the Catholic Church
of the Philippines, shall be
given great respect.
 Marcos v. Marcos
 Totality of evidence is sufficient
to establish P.I., and personal
examination by a physician or
psychologist as a condition
sine qua non for the
declaration of nullity of
marriage.

Chi Ming Tsoi v. CA

 Refusal to procreate based on
the universal principle that
procreation of children through
sexual cooperation is the basic
end of marriage is equivalent
to psychological incapacity.

A.M. No. 02-11-10-SC

 Allege the complete facts
showing that either one or both
parties were psychologically
incapacitated from complying
with the essential marital
obligations…

Tan-Andal v. Andal
 The Supreme Court ruled that
“psychological incapacity is not
a medical but a legal concept.
It refers to a personal condition
that prevents a spouse to
comply with fundamental
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”.

 This serves as the modified

interpretation of Article 36 of
the Family Code which
provides that a marriage is null
and void if a spouse “was
psychologically incapacitated
to comply with the essential
marital obligations of
marriage…even if such
incapacity becomes manifest
only after its solemnization.”
37  INCESTUOUS MARRIAGES, void ab
initio, whether relationship between
parties is legitimate or illegitimate:
a. Between ascendants and
 descendants of any degree
b. Between brothers and sisters,
whether half-blood or full blood.
 Void ab initio for reasons of PUBLIC
POLICY:
a. Between collateral blood relatives
up to the fourth civil degree,
whether legitimate or illegitimate
b. Between stepparents and
stepchildren
c. Between parents-in-law and  Marriages between
children-in-law stepbrothers and stepsisters
d. Between adopting parent and are prohibited PRIOR to the
38 adopted child effectivity of the Family Code
e. Between surviving spouse of the BUT IS NOW VALID since they
adopted child and the adopter are not related at all, either by
f. Between legitimate child of the blood or affinity.
adopter and adopted child
g. Between adopted children of the
same adopter
h. Between parties where one, with
the intention to marry the other,
killed that other person’s spouse,
or his/her spouse
 The absolute nullity of a previous
marriage may be invoked for
purposes of remarriage on the basis
solely of a final judgment declaring
such previous marriage void.
a. A subsequent marriage without
40 judicial declaration of nullity of
previous marriage is VOID AB
INITIO.
b. Purpose of REMARRIAGE
c. Applicable only if there was a
PRIOR VOID MARRIAGE
d. BIGAMY
41-42  A marriage contracted by any person  A judicial declaration of
during the subsistence of a previous presumptive death of the
marriage shall be null and void, absentee spouse is NOT
unless before the celebration of the necessary as long as the
subsequent marriage, the prior prescribed period of absence (4
spouse had been ABSENT for 4 consecutive years) is met.
CONSECUTIVE YEARS and the
spouse present had a WELL-  Requisites for Issuance of
FOUNDED BELIEF that the absent Judicial Declaration of
spouse is already DEAD. Presumptive Death (Republic v.
Nolasco):
 For the purpose of REMARRIAGE, a. Absent spouse is missing
the present spouse must institute a for 4 consecutive years
SUMMARY PROCEEDING for the b. present spouse wishes to
DECLARATION Of PRESUMPTIVE remarry
DEATH of the absentee, without c. present spouse has a well-
prejudice to the effect of founded belief that the
reappearance of the absent spouse. absentee spouse is dead
 d. Present spouse files a
 Filing of AFFIDAVIT OF summary proceeding
REAPPEARANCE – “any interested
person” and not only the reappearing
spouse.
43  The termination of the subsequent
marriage referred to in the preceding
Article shall produce the following
effects:
a. Children of the subsequent
marriage conceived prior to the
termination = legitimate = custody
and support in case of dispute =
decided by the court in a proper
proceeding.
b. ACP and AGP shall be dissolved
and liquidated, but if either spouse
contracted marriage in BAD
FAITH, his/her share shall be
forfeited in favor of the common
children, if none, the children of
the guilty spouse by a previous
marriage or in default, the children
of the innocent spouse.
c. Donations shall remain valid,
except that if the donee
contracted the marriage in BAD
FAITH, donations shall be
revoked by law.
d. The innocent spouse may
REVOKE the designation of other
spouse who acted in BAD FAITH
as beneficiary of the INSURANCE
POLICY.
e. Spouse who contracted the
subsequent marriage in BAD
FAITH = disqualified to INHERIT
from the innocent spouse by
testate or intestate succession.
f. BOTH acted in BAD FAITH = all
donations by reason of marriage
and testamentary dispositions
made by one in favor of the other
= REVOKED.

Article 45: Grounds for Annulment

Grounds Who Can File Prescription Ratification
1. Lack of Parental  Party 18 above  Within 5 years FREE
Consent but below 21 after attaining COHABITATION of
 Parent/ the age of 21 the party who
guardian who  Before party entered the
did not give below 21 marriage without
consent reaches 21 parental consent
after attaining age
 of 21
 Sane spouse
with NO  ANY TIME
knowledge of before the death
FREE
the other’s of either party
COHABITATION of
insanity  During LUCID
insane party
2. Insanity  Legal guardian INTERVAL or AFTER insane
of the insane after regaining party comes to
party sanity and reason
 Insane party before death of
during lucid the insane party
interval
3. Fraud
a. Non-disclosure
of a previous
conviction by
final judgement
of the other party
of a crime
FREE
involving moral
COHABITATION of
turpitude.  Injured  Within 5 years
the defrauded party
b. Concealment of (defrauded) after discovery
after having full
pregnancy, party of fraud
knowledge of the
STDs, drug
fraud
addiction,
habitual
alcoholism,
lesbianism, and
homosexuality at
the time of the
marriage.
FREE
 Within 5 years COHABITATION of
after the injured party
4. Force, intimidation, disappearance after the
 Injured party
undue influence of force, undue disappearance of
influence, or force, undue
intimidation influence, or
intimidation
CANNOT BE
 Within 5 years RATIFIED by action
5. Impotence  Potent spouse
after marriage (incurable);
prescribes
CANNOT BE
 Within 5 years RATIFIED by action
6. STDs  Healthy party
after marriage (incurable);
prescribes

55 GROUNDS FOR LEGAL SEPARATION

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 and POLITICAL affiliation.
3. Corruption of the petitioner, a common child, or a child of the petitioner, to
 engage in PROSTITUTION.
4. FINAL JUDGMENT sentencing the respondent to imprisonment of more than 6
years, even if pardoned.
5. DRUG ADDICTION or HABITUAL ALCOHOLISM of the respondent.
6. LESBIANISM or HOMOSEXUALITY of the respondent.
7. BIGAMOUS marriage.
8. SEXUAL INFIDELITY or PERVERSION.
9. Attempt by the respondent against life of the petitioner.
ABANDONMENT of petitioner by respondent without justifiable cause for more than 1
year.
DEFENSES IN LEGAL SEPARATION
1. CONDONATION: conditional forgiveness or remission, by a husband and wife,
of a matrimonial offense which the other has committed.
2. CONSENT: unilateral agreement or conformity in advance of the commission
of the act which would be a ground for legal separation.
3. CONNIVANCE: implies bilateral agreement between both spouses, it involves
56
criminality on the part of the individual who connives.
4. COLLUSION: the act of married persons in procuring divorce by mutual
consent, whether by preconcerted commission by on of a matrimonial offense,
or by failure, in pursuance of agreement, to defend divorce proceedings.
5. MUTUAL GUILT or RECRIMATION
6. PRESCRIPTION OF ACTION FOR LEGAL SEPARATION
57 Prescriptive period: WITHIN 5 YEARS from the time of the occurrence of the cause.
Cooling Off Period: In no case be tried before 6 months shall have elapsed since the
58-59
filing of the petition.
RECONCILIATION of parties during pendency of action
1. The legal separation proceedings, if still pending, shall thereby be terminated
at whatever stage; and
65-66
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.

PROCEDURE FOR FILING OF LEGAL SEPARATION

Cooling-off and Reconciliation
Who may file Where to file When to file
Effects
ONLY by the Family Court of the Within 5 years from An action for legal separation
HUSBAND or province or city the time of the shall in no case be tried
WIFE (A.M. No. where the petitioner occurrence of the before 6 months shall have
02-11-11-SC) or the respondent cause. (Art. 57, FC & elapsed since the filing of the
has been residing A.M. No. 02-11-11- petition (Art. 58, FC)
for at least 6 months SC )
prior to the date of Actions cannot be tried unless
filing. (A.M. No. 02- the court has attempted to
11-11-SC) reconcile the spouses and
determined that despite such
efforts, reconciliation is high
improbable (Art. 59).

Effects of Filing Petition Effects of Pendency Effects of Decree of Legal Separation

a. The spouses are The Court shall provide a. The spouses can live separately
entitled to live for: [Art. 62, cf. Art. 49, (Art. 63, FC) but the marriage bond
separately, but the FC] is not severed.
marital bond is not a. Support of b. The ACP or AGP shall be
severed [Art. 61 spouses dissolved and liquidated…
 (1), FC] b. Custody of c. Custody of minor children shall be
b. Administration of children: the awarded to the innocent spouse.
ACP or CGP – if court shall give d. Guilty spouses shall be disqualified
there is no written custody of from inheriting from the innocent
agreement children to one of spouse by intestate succession.
between the them if there is e. Donations in favor of the guilty
parties, the court no written spouse may be revoked.
shall designate agreement f. Innocent spouse may also revoke
one of them or a between the designation of guilty spouse as
third person to spouses. insurance policy beneficiary.
administer the c. Visitation rights g. Obligations for mutual support
ACP or CPG [Art. of the other ceases, but the court may order
61 (2), FC] spouse. guilty spouse to support the
innocent spouse.
h. The wife shall continue to use the
surname of the husband even after
the decree of legal separation.
Effects of Reconciliation Effects of Death of one of the parties
a. Proceeding for legal separation shall be The death of either party to a legal
terminated at whatever stage. separation proceeding, before final
b. If there is a final decree of separation, it shall decree, abates the action.
be set aside.
c. The separation of forfeiture and property of
share of guilty spouse shall subsist unless
the spouses agree to revive their former
property regime or to institute another
property regime.
d. Joint custody of children is restored.
e. The right to intestate succession by guilty
spouse from innocent spouse is restored.
f. The right to testamentary succession
depends on the will of the innocent spouse.

Rights and Obligations between Husband and Wife

Article 68: Obliged to live together, observe mutual love, respect, and fidelity, and render
mutual help and support.
 Exception: One spouse living abroad or there are valid and compelling reasons – at
the discretion of the court.
 Exception to the exception: Incompatibility within the solidarity of the family.
Article 69: The husband and wife shall fix family domicile. In case of disagreement, the court
shall decide.
Article 70: The spouses are jointly responsible for the support of the family. The expenses shall
be paid:
a. From the conjugal property
b. If none, income, or the fruits of their separate properties
c. If none, from their separate properties, wherein they shall be liable in proportion to their
properties.

*Support is not just limited to financial support – includes EMOTIONAL and MORAL support.
Article 71: The mgt of the household shall be the right and duty of both spouses.