Civil Law Reviewer 2022 From Bar Help

Civil Law Reviewer 2022
Compiled and formatted by BAMB

Sources: New Civil Code and Pre-bar Reviewer 2021 by Prof. Elmer Rabuya
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i. Legal Personality, capacity to act
CHAPTER 1
General Provisions
Article 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. (n)
Article 38. Minority, insanity or imbecility, the state of being a deaf-mute, prodigality and civil interdiction are mere
restrictions on capacity to act, and do not exempt the incapacitated person from certain obligations, as when the
latter arise from his acts or from property relations, such as easements. (32a)
Article 39. The following circumstances, among others, modify or limit capacity to act: age, insanity, imbecility, the
state of being a deaf-mute, penalty, prodigality, family relations, alienage, absence, insolvency and trusteeship. The
consequences of these circumstances are governed in this Code, other codes, the Rules of Court, and in special
laws. Capacity to act is not limited on account of religious belief or political opinion.
A married woman, twenty-one years of age or over, is qualified for all acts of civil life, except in cases specified by
law. (n)
CHAPTER 2
Natural Persons
Article 40. Birth determines personality; but the conceived child shall be considered born for all purposes that are
favorable to it, provided it be born later with the conditions specified in the following article. (29a)
Article 41. For civil purposes, the foetus is considered born if it is alive at the time it is completely delivered from the
mother's womb. However, if the foetus had an intra-uterine life of less than seven months, it is not deemed born if it
dies within twenty-four hours after its complete delivery from the maternal womb. (30a)
Article 42. Civil personality is extinguished by death. The effect of death upon the rights and obligations of the
deceased is determined by law, by contract and by will. (32a)
Article 43. If there is a doubt, as between two or more persons who are called to succeed each other, as to which of
them died first, whoever alleges the death of one prior to the other, shall prove the same; in the absence of proof, it is
presumed that they died at the same time and there shall be no transmission of rights from one to the other. (33)
CHAPTER 3
Juridical Persons
Article 44. The following are juridical persons:
(1) The State and its political subdivisions;
(2) Other corporations, institutions and entities for public interest or purpose, created by law; their personality begins
as soon as they have been constituted according to law;
(3) Corporations, partnerships and associations for private interest or purpose to which the law grants a juridical
personality, separate and distinct from that of each shareholder, partner or member. (35a)
Commit to the LORD whatever you do, and your plans will succeed.
Proverbs 16:3
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Article 45. Juridical persons mentioned in Nos. 1 and 2 of the preceding article are governed by the laws creating or
recognizing them.
Private corporations are regulated by laws of general application on the subject.
Partnerships and associations for private interest or purpose are governed by the provisions of this Code concerning
partnerships. (36 and 37a)
Article 46. Juridical persons may acquire and possess property of all kinds, as well as incur obligations and bring civil
or criminal actions, in conformity with the laws and regulations of their organization. (38a)
Article 47. Upon the dissolution of corporations, institutions and other entities for public interest or purpose mentioned
in No. 2 of article 44, their property and other assets shall be disposed of in pursuance of law or the charter creating
them. If nothing has been specified on this point, the property and other assets shall be applied to similar purposes
for the benefit of the region, province, city or municipality which during the existence of the institution derived the
principal benefits from the same. (39a)
ii. Marital Relationships

Marriage – 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 limitations provided by this Code.
Essential Requisites:
1. Legal Capacity of the contracting parties who must be a male and a female; and
(if same-sex, not considered marriage; if below 18 or may legal impediment under Article 37 and 38 or
previous valid marriage, VOID AB INITIO)
Remedy: if no marriage – petition for cancellation of entry in the Civil Registry

if void marriage – petition of declaration of absolute nullity of marriage
2. Consent freely given in the presence of the solemnizing officer. (if absent, VOID; if defective, VOIDABLE)
Formal Requisites:
1. Authority of the solemnizing officer
Who are authorized to solemnize marriages?

a. Incumbent member of the Judiciary
b. Religious Solemnizing Officers (duly authorized by the sect, written authority is registered with the
Civil Registrar, acts within the limits of such authority, at least 1 of contracting parties must belong
to his church or sect)
c. Ship Captain or Airplane Chief Pilot (marriage must be in articulo mortis, between passengers
and/or crew members, while the ship is at sea or the plane during flight, stopovers at ports of call)
d. Military Commanders of a Unit (commissioned officer or an officer of the armed forces, assigned
chaplain to his unit must be absent, marriage must be in articulo mortis and within the zone of
Proverbs 16:3
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military operations, contracting parties need not be members of the armed forces. They can be
civilians.
e. Consul-General, Consul, Vice-Consul (marriage must be celebrated abroad in the country where
the consul holds office, marriage is between Filipino citizens)
f. Mayors (after the effectivity of the Family Code on Aug 3, 1988 and before the effectivity of the
LGC on January 1, 1992 mayors did not have authority to solemnize marriage)
2. A valid marriage license except:
a. Articulo mortis marriages
b. Marriages among muslims
c. Residence of either party is located that there is no means of transportation to appear personally
before the civil registrar
d. Those living as husband and wife for at least 5 years without the benefit of marriage (must not be
suffering from a legal impediment to marry each other)
- 5 years should be continuous
- Counted from the day of the celebration of marriage
- No third party within the 5 year period
3. A marriage ceremony w/c 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 2 witnesses
Effect of Absence of requisites: In the absence of either legal capacity, authority of the solemnizing officer, or valid
marriage license, the marriage is VOID. In case of absence of authority of solemnizing officer, the marriage is
PERFECTLY VALID when either or both of them believed in good faith that the solemnizing officer had the legal
authority to do so. The party/ies responsible for the irregularity shall be civilly, criminally and administratively liable.
Marriage Contract – best documentary evidence of marriage but its absence is not a proof that no marriage took
place because other evidence may be presented to prove the fact of marriage.
Example: testimony of a witness to the matrimony, public and open cohabitation as husband and wife after the
alleged wedlock, birth and baptismal certificates of children born during such union, mention of such nuptial in
subsequent documents.
Summary of Rules on Absolute Divorces:

1. PH laws do not provide for absolute divorce, hence courts cannot grant the same.
2. Marital bond between two Filipino citizens cannot be dissolved even by absolute divorce obtained abroad.
3. An absolute divorce obtained abroad by a couple who are both aliens, may be recognized in the Philippines,
provided it is consistent with their respective national laws;
4. In mixed marriages involving a Filipino and a foreigner, the former is allowed to contract a subsequent
marriage in case the absolute divorce is validly obtained abroad by the alien spouse capacitating him or her
to remarry. In order to apply this, the following elements must concur in order for said law to apply:
i. There is a valid marriage celebrated between a Filipino citizen and a foreigner
Proverbs 16:3
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ii. A valid divorce is obtained abroad, regardless of who between the spouses initiated the
divorce proceedings, provided that the party petitioning the recognition of such foreign
divorce decree – presumably the Filipino citizen – must prove the divorce as a fact and
demonstrate its conformity to the foreign law allowing it.
Reckoning point in determining citizenship: citizenship at the time of marriage
Article 26 par. 2: “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.” – can be invoked only by the Filipino spouse
When Filipino spouse regains capacity to remarry – Once it has been proven that the
divorce obtained abroad is valid and that it capacitated the foreign spouse to remarry, the
Filipino spouse also regains his or her capacity to remarry. Thus even if the Filipino
spouse immediately contracted a subsequent marriage after the divorce and prior to
judicial recognition, he or she is not automatically liable for bigamy. (Sarto vs. People)
Void Marriages
Void under Art. 35 Void under Art. 36 Void under Art. 37 Void under Art. 38 Void under Art. 40 Void under Art. 53
(1) Those A marriage Marriages The following The prior Where a voidable
contracted by any contracted by any between the marriages shall be marriage is void marriage under
party below party who, at the following are void from the but the Art. 45 was
eighteen years of time of the incestuous and beginning for subsequent already annulled
age even with the celebration, was void from the reasons of public marriage is or a void marriage
consent of psychologically beginning, policy: contracted prior to under Art. 40 was
parents or incapacitated to whether a judicial already declared
guardians; comply with the relationship (1) Between declaration of the a nullity in a final
essential marital between the collateral blood absolute nullity of judgment but:
(2) Those obligations of parties be relatives whether the prior marriage.
solemnized by marriage, shall legitimate or legitimate or (1) there was no
any person not likewise be void illegitimate: illegitimate, up to The requirement liquidation,
legally authorized even if such the fourth civil of a judicial partition, and
to perform incapacity (1) Between degree; decree of nullity is distribution of the
marriages unless becomes manifest ascendants and applicable only to properties of the
such marriages only after its descendants of (2) Between step- remarriages spouses or
were contracted solemnization. any degree; and parents and step- entered into after delivery of the
with either or both children; the effectivity of presumptive
parties believing Characteristics of (2) Between the Family Code legitimes of the
in good faith that Psychological brothers and (3) Between on August 3, common children;
the solemnizing incapacity sisters, whether of parents-in-law 1988, regardless and
officer had the the full or half and children-in- of the date of the
legal authority to Grave - must be blood. law; first marriage. If (2) there was no
do so; grave or serious the second recording of the
that the party Marriages (4) Between the marriage is judgment of
(3) Those would be between step- adopting parent celebrated prior to annulment or of
solemnized incapable of brothers and step- and the adopted the effectivity of absolute nullity of
without license, carrying out the sisters are no child; the Family Code, the marriage, the
except those ordinary duties longer prohibited no judicial decree partition and
covered the required in under the Family (5) Between the was necessary to distribution of the
Proverbs 16:3
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preceding marriage. Code. surviving spouse establish the properties of the

Chapter; of the adopting invalidity of void spouses and the
Juridical The intervening parent and the marriages under delivery of the
(4) Those Antecedence – effect of the adopted child; Art. 80 of the Civil children’s
bigamous or must be rooted in Family Code does Code. presumptive
polygamous the history of the not affect the (6) Between the legitimes in the
marriages not party antedating VOID NATURE of surviving spouse Hence, a second appropriate civil
failing under the marriage, a marriage of the adopted marriage registry and
Article 41; although the overt between a step- child and the contracted before registries of
previous marriage manifestations brother and a adopter; the effectivity of property.
is either valid or may emerge only step-sister the Family Code
voidable after the marriage. solemnized under (7) Between an w/o judicial
the regime of the adopted child and declaration of the
(5) Those Incurability – must Civil Code. a legitimate child nullity of the
contracted be incurable or of the adopter; previous void
through mistake even if it were marriage is
of one contracting otherwise, the (8) Between PERFECTLY
party as to the cure would be adopted children VALID.
identity of the beyond the of the same
other; and means of the adopter; and
party involved.
(6) Those (9) Between
subsequent Totality of parties where
marriages that are evidence must one, with the
void under Article prove gravity, intention to marry
53. juridical the other, killed
antecedence and that other
incurability. person’s spouse,
or his or her own
spouse. (82)
The law does not

prohibit marriage
between the
adopted and the
illegitimate child of
the adopter.
Article 41 – FC (Exception to Bigamy)

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.
Proverbs 16:3
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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.
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.
Under Art. 41, a judicial declaration of presumptive death is required for purposes of remarriage. It is Art 390 or 391
of the Civil Code is applicable of the presumption of death is for purposes other than remarriage. Under the prevailing
case law, courts are without any authority to take cognizance of a petition that only seeks to have a person declared
presumptively dead under the Civil Code. Such a petition is not authorized by law.
Subsequent marriage under the Civil Code and Family Code
Civil Code Family Code

A judicial declaration of presumptive death is not required in order A marriage contracted by any person during the subsistence of a
for the subsequent marriage to be valid. So long as the prescribed previous marriage shall be null and void because it is a bigamous
period is met, the subsequent marriage is valid notwithstanding the marriage under Article 35(4) UNLESS (1) Article 391 of the Civil
absence of such judicial declaration. Code; (2) the spouse present had a well-founded belief that the
absent spouse was already dead; (3) the spouse present obtained a
How to annul subsequent marriage? By a petition for annulment by judicial declaration of presumptive death of the absentee spouse.
the absentee spouse during his or her lifetime, or by either spouse
of the subsequent marriage during the lifetime of the other Remedy against a void subsequent marriage: file a petition for
declaration of nullity and the aggrieved spouse in Marriage 1 has
the personality to file the same following earlier court rulings that
said aggrieved spouse has the personality to file such petition if the
ground is bigamy even if he/she is not a party to the subsequent
bigamous marriage.
Remedy if subsequent marriage is perfectly valid: Recording of the

affidavit of reappearance or by a judicial declaration of dissolution or
termination of the subsequent marriage.
Marriage 1 Marriage 2 Marriage 1 Marriage 2
Absent spouse is presumed Status: Valid even without a Absent spouse is presumed Status: Perfectly valid if all 3
dead (Art 390/391) judicial declaration of dead (Art 390/391) reqs above are complied prior
presumptive death. contracting a subsequent
marriage. If not, void for being
Subsequent marriage under bigamous under Art 35(4)
Art 83(2) is voidable or valid
until declared null and void by Effects if perfectly valid:
competent court.  Children are legitimate
 Property regime is either
Article 83. Any marriage ACP/CPG
subsequently contracted by  If 2nd Sps contracted the
any person during the lifetime marriage in bad faith:
of the first spouse of such
person with any person other -share in the net profits
than such first spouse shall be are forfeited in favor of
illegal and void from its common children, if
performance, unless: none, children of 2nd
xxx spouse by previous
(2) The first spouse had been marriage or in default of
Proverbs 16:3
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absent for seven consecutive children, in favor of the

years at the time of the spouse present
second marriage without the -donation propter nuptias
spouse present having news (DPN) made to him/her
of the absentee being alive, or is revoked by operation
if the absentee, though he has of law
been absent for less than -his/her designation as
seven years, is generally insurance beneficiary
considered as dead and may be revoked even if
believed to be so by the stipulated as irrevocable
spouse present at the time of -disqualified to inherit
contracting such subsequent from the sps present,
marriage, or if the absentee is whether testate or
presumed dead according to intestate.
articles 390 and 391. The
marriage so contracted shall Effect of bad faith of parties:
be valid in any of the three
cases until declared null and
 Subsequent
void by a competent court.
marriage is void ab
initio and all DPNs
and testamentary
dispositions made
by one in favor of
the other are
revoked by
operation of law.
Voidable Marriages
Concept and characteristics of a voidable marriage:
 It is valid until set aside by final judgment of a competent court in an action for annulment.
 It can generally be ratified by cohabitation.
 It can be assailed only in a direct proceeding for that purpose not collaterally.
 It can be assailed only during the lifetime of the parties.
 The action of nullity prescribes.
 Only parties to a voidable marriage can assail it.
Grounds for annulment:
A. Lack of Parental Consent B. Unsoundness of Mind at the C. Fraud

Time of Marriage
Whose consent is required? Who files for annulment? What constitutes fraud?
Consent is required when a party is at least The sane spouse but only if he or she had no i. Non-dsclosure of a previous
18 but below 21. knowledge of the other’s insanity or conviction by final judgment of the
other party of a crime involving
Below 21 (legit) – consent of the father, By any relative, guardian or any person moral turpitude.
mother, surviving parent or guardian or having legal charge of the insane spouse or ii. Concealment by the wife of the
persons having legal charge of them in the fact that at the time of the
order mentioned. marriage, she was pregnant by a
Proverbs 16:3
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By the insane spouse during a lucid interval man other than her husband
Below 21 (illegit) – only the consent of the or after regaining sanity. iii. Concealment of a STD,
mother is required regardless of its nature, existing at
What is the prescriptive period? the time of the marriage
During the lifetime of the spouses iv. Concealment of drug addiction,
Who files for annulment? Only the parent
habitual alcoholism or
whose consent is required can file the
homosexuality or lesbianism
petition. Once the party reaches 21, only the How ratified?
existing at the time of marriage.
party himself can file. Only the insane spouse has the right to ratify
upon coming to reason by choosing to freely
cohabit with the sane spouse. Who can file for annulment?
What is the prescriptive period? 5 years from
Only the injured party may file the petition
attainment of 21.
What is the prescriptive period: 5 years from

How ratified? Only the party to the marriage
the discovery of fraud
can ratify the defect upon reaching the age of
21 by freely cohabiting with the other.
How ratified? Only the injured party has the
right to ratify the defect by freely cohabiting
with the other as husband and wife with full
knowledge of the facts and constituting fraud
D. Vitiation of Consent E. Impotency F. Serious and incurable STD

Who can file for annulment? Only the injured Ground for annulment Ground for annulment
party One party was physically incapable of Existence of STD at the time of marriage w/c
consummating the marriage with the other or was found to be serious and appears to be
What is the prescriptive period: w/in 5 years impotency If such incapacity continues and incurable
from the time the force, intimidation or undue appears to be incurable
influence disappeared or ceased. Who can file for annulment?
Who can file for annulment? Only the injured or the other spouse who had
How ratifed? Only the injured party may file the petition or no knowledge of the other’s STD at the time
by freely cohabiting with the other as H and the other spouse who had no knowledge of of marriage
W after the force, intimidation, or undue the other’s impotency at the time of marriage
influence has disappeared or ceased. How ratified? CANNOT BE RATIFIED
How ratifed? CANNOT BE RATIFIED
What is the prescriptive period: within 5 years
What is the prescriptive period: within 5 years after marriage
after the marriage
Effect of Annulment:
a. Right to remarry but only after compliance with Article 52
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 legitimes shall be recorded in the appropriate civil registry and registries of
property; otherwise, the same shall not affect third persons. (n)
b. If wife is the guilty spouse, resume her maiden name and surname. If wife is the innocent spouse, may
continue to use former husband’s surname unless court decrees otherwise or she or the former husband is
married again to another person.
c. Children conceived OR born before judgment of annulment has become final and executory shall be
considered legitimate.
d. If the property regime is ACP/CPG prior dissolution, it is automatically terminated upon finality of judgment
of annulment and should be subjected to liquidation.
e. DPN remains valid but if the donee acted in bad faith, donor may revoke the same.
Proverbs 16:3
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Legal Separation
Grounds for Legal Separation
Drug Addiction, habitual

Physical Violence Other Forms of Abuse Conviction of Crime alcoholism, lesbianism,
homosexuality
There must be repetitive acts of It must be gross and becomes a There is final judgment and
physical violence against conduct of the respondent. sentence is imposed is
petitioner. However, a SINGLE However, a SINGLE EXERTION imprisonment of more than 6
ACT of physical violence is OF MORAL PRESSURE is years even if pardoned.
sufficient if it amounts to an sufficient if it is for the purpose of
attempt against the life of the compelling the petitioner to
petitioner or for the purpose of change religious or political
compelling the petitioner to affiliation.
change religious or political
affiliation, A SINGLE ACT OF SEXUAL
ABUSE is sufficient if it is in the
form of an attempt of respondent
to corrupt or induce the
petitioner, a common child or a
child of the petitioner, to engage
in prostitution or connivance in
such corruption or inducement.
Contracting bigamous marriage Sexual infidelity Abandonment

Mere contracting by the respondent of a Sexual infidelity need not be committed in Must be without justifiable cause and for
subsequent bigamous marriage, whether in relation to the opposite sex. So long as the more than one year.
the Philippines or abroad, is a sufficient sexual act is committed with someone other
ground for legal separation. than the spouse (whether of the opposite or
same sex) there is sufficient ground for legal
Even if resp. is not criminally liable because separation.
the subsequent marriage was contracted w/o
marriage license, there is still a ground for
legal separation.
Effect of Decree of Legal Separation:

a. A decree of legal separation does not result in the severance of the marital bond but will only entitle the
spouses to live separately. As a consequence, the husband no longer has the right of consortium.
b. If the property regime is ACP/CPG, the same is automatically terminated and shall be subject to liquidation.
The share of the offending spouse in the “net profits” shall be forfeited in favor of (1) common children, (2) in
default thereof, children of the guilty spouse by previous marriage or (3) innocent spouse.
c. Innocent spouse still has the right to inherit while the offending spouse is disqualified to inherit from the
former. Note that he/she is not disqualified from being made a voluntary heir, legatee, or devisee in the will
of the innocent spouse executed after the issuance of the decree of legal separation.
d. Minor children shall be awarded to innocent spouse. Child BELOW 7 shall not be separated from the mother
unless the court finds compelling reasons. A woman suffering from battered woman syndrome shall not be
disqualified from having custody of her children.
e. The obligation of mutual support between spouses ceases unless court orders guilty spouse to give support
to the innocent spouse.
Proverbs 16:3
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f. DPN remains valid however if the donee is the offending spouse, the innocent spouse may revoke the
donation within 5 years from finality of the decree of legal separation. If the donor is a 3 rd person, the donor
may also revoke the donation purusnat to Article 86(4) of the FC.
g. Designation of the offending spouse as beneficiary in an insurance policy may be revoked even if
designation is irrevocable.
GR: The case shall not be tried (on the merits) within 6 months from the filing of the petition. (cooling off period)
XPN: The ground constitutes “violence” under RA 9262, no cooling off period shall apply. Court should immediately
hear the case.
Duty of the Court: Courts must take steps towards reconciliation of the spouses and may only issue the decree of
legal separation after it has been satisfied that, despite such efforts, reconciliation is highly improbable.
Defenses in Legal Separation:
a. Condonation and consent – In condonation, pardon is granted after the commission of the offense while in
consent, the approval is given prior to the commission of the offense.
b. Connivance and collusion – in connivance, both parties actually participated in the commission of the
ground while in collusion, the parties made it appear as though it was committed for the purpose of
obtaining a decree of legal separation.
c. Mutual guilt or recrimination - both parties have given a ground for legal separation
d. Prescription – 5 years from occurrence of the cause
e. Effect of death – if a party dies before entry of judgment, case shall be terminated. If the party dies after
entry of judgment, the latter shall bind the parties and their successors-in-interest
Effect of Reconciliation
a. If de facto, decree of legal separation is not set aside
b. If there is decree of reconciliation, decree of legal separation is set aside but the separation of the property
and any forfeiture of net profits shall subsist.
c. DPN in favor of the guilty spouse, if not yet revoked, can no longer be revoked by the innocent spouse.
d. If there is already a decree of revocation of DPN that is already final, that judgment is already res judicata.
e. If the innocent spouse has not yet revoked the designation of the guilty spouse as beneficiary in insurance
policy, the former loses the right to revoke the same
f. Previous property regime of spouses is not automatically revived but must (1) execute an agreement of
revival under oath (2) specifying the properties to be contributed anew and those to be retained as separate
properties (3) the names of creditors, their addresses and amount owing to each and (4) agreement must be
submitted in court for approval by way of a verified motion for its approval.
g. Adoption of new property regime is not allowed upon reconciliation.
Rights and Obligations of Spouses

a. Obligation to live together
If a spouse leaves the conjugal home without just cause and later on demands for legal support, the other
spouse may either receive and maintain him/her in the family dwelling and he/she refuses, the right to
receive legal support terminates.
Proverbs 16:3
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XPN: other spouse lives abroad and valid and compelling reason which must be compatible with the
solidarity of the family.
b. Obligation to observe mutual love, respect and fidelity

Criminal sanctions may result for non-observance (adultery, concubinage, bigamy)
c. Obligation to render mutual help and support

This is chargeable to the ACP or to CPG
d. Right to use the surname of the husband by the wife

A married woman has an OPTION to use the surname of the husband.
Example 😊: Catherine Morada
Catherine Gonzaga-Morada
Mrs. Morada
She may also use her maiden name upon marriage. A woman who marries only changes her civil status not
her name.
e. Right to choose the family domicile

This right belongs to both the husband and wife. In case of disagreement, the court shall decide.
f. Right to exercise profession, business or activity

Either spouse may exercise any legitimate profession, occupation, business or activity without the consent
of the other. If the other spouse objects, and the court finds that such objection is proper, the resulting
liability shall be governed by the following rules.
1) Benefit accrued to the family PRIOR to the objection, the resulting obligation is chargeable to the
ACP/CPG
2) Benefit accrued to the family AFTER the objection, such obligation is enforceable against the
separate property of the spouse who has not obtained consent
3) No benefit accrued to the family, obligation shall be enforced against the separate property of the
spouse who has not obtained consent
iii. Property (concept of property, ownership, co-ownership, right of accession, easement, nuisance)
iv. Obligations
v. Contracts
vi. Torts, Quasi-delicts
vii. Damages
Damages may be: (MENTAL)
(1) Actual or compensatory;
(2) Moral;
(3) Nominal;
(4) Temperate or moderate;
(5) Liquidated; or
(6) Exemplary or corrective.
Proverbs 16:3
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[UNFINISHED]
Proverbs 16:3

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Civil Law Reviewer 2022

Compiled and formatted by BAMB

i. Legal Personality, capacity to act

Private corporations are regulated by laws of general application on the subject.

ii. Marital Relationships

Remedy: if no marriage – petition for cancellation of entry in the Civil Registry

Who are authorized to solemnize marriages?

Summary of Rules on Absolute Divorces:

Reckoning point in determining citizenship: citizenship at the time of marriage

preceding marriage. Code. surviving spouse establish the properties of the

The law does not

Article 41 – FC (Exception to Bigamy)

Civil Code Family Code

Remedy if subsequent marriage is perfectly valid: Recording of the

absent for seven consecutive children, in favor of the

A. Lack of Parental Consent B. Unsoundness of Mind at the C. Fraud

What is the prescriptive period: 5 years from

D. Vitiation of Consent E. Impotency F. Serious and incurable STD

Drug Addiction, habitual

Contracting bigamous marriage Sexual infidelity Abandonment

Effect of Decree of Legal Separation:

Rights and Obligations of Spouses

b. Obligation to observe mutual love, respect and fidelity

c. Obligation to render mutual help and support

d. Right to use the surname of the husband by the wife

e. Right to choose the family domicile

f. Right to exercise profession, business or activity

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