Pamantasan ng Lungsod ng Maynila

PFR
October 22, 2022
Lecture
Atty. Judy A. Lardizabal
 A. PERSONS
1. Kinds of Persons
2. Capacity to Act
3. Domicile and residence of persons
1. Kinds of Persons

1. Natural Persons – are human

beings

2. Artificial or Juridical Persons - is

a body of persons, a corporation, a
partnership, or other legal entity that
is recognized by law which grants a
juridical personality separate and
distinct from that of a share holder,
partner or member.
2. Capacity to Act

-Civil Personality is the aptitude of

being the subject of rights and
obligations.
-It synonymous with Juridical
Capacity which is “the fitness to be
the subject of legal relations.”
-Capacity to Act, on the other hand,
is to “power to do acts with legal
effects”.
 Juridical Capacity vs. Capacity to Act (1996 Bar)

Distinguish Juridical Capacity vs. Capacity to Act

SUGGESTED ANSWER:
JURIDICAL CAPACITY is the fitness to be the subject of legal relations
while CAPACITY TO ACT is the power or to do acts with legal effect.
The former is inherent in every natural person and is lost only
through death while the latter is merely acquired and may be lost
even before death (Art. 37, NCC).
 Limitations on Capacity to Act
1. Minority
2. Imbecility
3. Prodigality
4. Deaf-Mute
5. Civil Interdiction
6. Insanity
7. Family Relations
8. Alienage
9. Trusteeship
10. Penalty
11. Insolvency
12. Absence
Determination of Civil Personality (Natural Persons)

-BIRTH determines personality.

-DEATH extinguishes personality.
- Conceived child shall be considered
born for all purposes favorable to it,
provided it is born later with the
conditions specified in Article 41.
-Favorable to it --- ie. become a donee,
receive support, successional right
 QUESTION – 2014 Bar
Mario executed his last will and testament
where he acknowledges the child being
conceived by his live-in partner Josie as his own
child; and that his house and lot in Baguio City
be given to his unborn conceived child.
Are the acknowledgement and the donation
mortis causa valid? Why?
 SUGGESTED ANSWER
Yes, the acknowledgement is considered valid
because a will may still constitute a document which
contains an admission of illegitimate filiation.
The donation mortis causa is also valid because
although unborn, a fetus has a presumptive
personality for all purposes favorable to it provided it
be born under the conditions specified in Article 41.
Provisional/ Presumptive personality of conceived child

“born later in accordance with law”

A fetus with an intra-uterine life of:
1. Less than 7 months: Must survive for at least
24 hours after its complete delivery from the
maternal womb.

2. At least 7 months: If born alive, it shall be

considered born even if it dies within 24 hours
after complete delivery.
 Juridical Capacity (2012 Bar)
Ricky donated Php 1 Million to the unborn child of his
pregnant girlfriend, which she accepted. After six (6)
months of pregnancy, the fetus was born and baptized as
Angela. However, Angela died 20 hours after birth. Ricky
sought to recover the Php 1 Million.
Is Ricky entitled to recover?
 Suggested Answer
Yes, Ricky is entitled to recover the P1,000,000.00.
The law considers a fetus a person for purposes favorable to it provided it is born later
in accordance with the provision of the New Civil Code. While the donation is favorable
to the fetus, the donation did not take effect because the fetus was not born in
accordance with the NCC.
To be considered born, the fetus that had an intrauterine life of less than seven (7)
months should live for 24 hours from its complete delivery from the mother’s womb.
Since Angela had an intrauterine life of less than seven (7) months but did not live for
24 hours, she was not considered born and, therefore, did not become a person. Not
being a person, she has no juridical capacity to be a done. Hence, the donation to her
did not take effect.
Commencement of Juridical Personality
(Juridical Persons)

ØState and its political subdivisions and public corporations -

acquire personality the moment they are constituted
according to law.
ØPrivate corporations – exist from the moment SEC grants
certificate of incorporation

- Juridical persons have personality separate and distinct

from its owners and stockholders.
-Public corporation primarily governed by charter, private
corporation regulated by laws of general application (i.e.
Corporation Code, Civil Code).
3. Domicile and Residence of Persons

Ø Domicile is the place of a person’s

habitual residence.
Ø It is that place where he has his
true, fixed permanent home and
principal establishment, and to
which place, he has, whenever he is
absent, the intention of returning,
and from which he has no present
intention of moving.
Ø Residence is the place of abode,
whether permanent or temporary.
Ø Domicile denotes a fixed permanent
residence, to which when absent, one
has the intention of returning.
Ø One can have several residences but
only one domicile.
ØResidence is not a domicile, but
domicile is residence coupled with an
intention to remain for an unlimited
time.
Ø Domicile of origin - is established by
law at birth to every individual. It refers
to the domicile of the person's parents.

Ø Domicile of choice - is a self-acquired

domicile. It is a domicile which a person
chooses to replace his/her former
domicile, which may be either a domicile
of origin or domicile of choice.

ØA person’s domicile is deemed to

continue until a new one is established.
Ø When it comes to the qualifications for
running for public office, residence is
synonymous with domicile.
ØThe term ‘residence’ as so used, is
synonymous with ‘domicile’ which imports not
only intention to reside in a fixed place, but
also personal presence in that place, coupled
with conduct indicative of such intention.
ØThere are three requisites for a person to
acquire a new domicile by choice.
First, residence or bodily presence in the new
locality.
Second, an intention to remain there.
Third, an intention to abandon the old
domicile.
ØAnimus manendi coupled with animus non
revertendi.
ØWhen petitioner immigrated to the U.S. in 1991, she lost
her original domicile, which is the Philippines.
ØThere are three requisites to acquire a new domicile: 1.
Residence or bodily presence in a new locality; 2. an
intention to remain there; and 3. an intention to abandon
the old domicile.
ØTo successfully effect a change of domicile, one must
demonstrate an actual removal or an actual change of
domicile; a bona fide intention of abandoning the former
place of residence and establishing a new one and
definite acts which correspond with the purpose.
ØIn other words, there must basically be animus manendi
coupled with animus non revertendi. The purpose to
remain in or at the domicile of choice must be for an
indefinite period of time; the change of residence must be
voluntary; and the residence at the place chosen for the
new domicile must be actual.
(Poe-Llamanzares vs. COMELEC, G.R. No. 221697, March
8, 2016)
ØDomicile of Juridical Person is based
on the law creating it.

ØIf law did not fix the domicile, it is

understood to be the place where its
legal representation is made or where
it exercises its principal functions.
(Art. 51, NCC)
 C. MARRIAGE
1. Requisites
2. Marriages celebrated abroad
3. Foreign divorce
4. Void marriages
5. Voidable marriages
6. Unmarried cohabitation
Marriage is a special contract of
permanent union between a man and a
woman entered into in accordance
with law for the establishment of
conjugal and family life.
It is the foundation of the family and
an inviolable social institution
whose nature, consequences, and
incidents are governed by law and
not subject to stipulation, except that
marriage settlements may fix the
property relations during the
marriage within the limits provided by
this Code.
Marriage contract distinguished from an
ordinary contract

üOnly 2 persons of the opposite sex may enter into a

contract of marriage

- An ordinary contract may be entered into by any number

of persons, whether of the same or different sex
Marriage contract distinguished from an
ordinary contract
üThe nature, consequences and incidents of marriage are
governed by law and not subject to stipulation

-In an ordinary contract, the parties are free to establish

such stipulations, terms and conditions
as they may deem convenient provided
that they are not contrary to law, morals,
good customs, public order or public
policy.
Marriage contract distinguished from an
ordinary contract
üA marriage contract cannot be revoked, dissolved or
terminated by the parties, but only by the sovereign
power of the State.

- The parties may, by mutual agreement, terminate an

ordinary contract.
1. Requisites (Essential)
1. Legal capacity of the contracting parties;
i. A male and a female;
ii. At least 18 years of age
iii. Must not be suffering from any legal
impediment
iv. Relationship

2. Consent freely given by the contracting

parties before the solemnizing officer.
1. Requisites (Formal)
1. Authority of the solemnizing officer;
2. A valid marriage license; and
3. Marriage ceremony.
 Status of Marriage
ØThe absence of any of the essential or formal requisites
shall render the marriage void ab initio.
ØA defect in any of the essential requisites shall render the
marriage voidable.
ØAn irregularity in the formal requisites shall not affect the
validity of the marriage but the party responsible for the
irregularity shall be civilly, criminally and administratively
liable.
 Who are authorized to solemnize
marriages?
1. Any incumbent member of the Judiciary;
2. Any priest, rabbi, imam, or minister of any church or religious
sect
3. Ship captain or airplane chief (for marriage in articulo mortis);
4. A military commander of a unit, who is a commissioned officer
(for marriage in articulo mortis);
5. Consul-general, consul or vice-consul (for marriages celebrated
abroad); and
6. Mayors (Local Government Code)
 Valid Marriage License
-A marriage license shall be issued by the local
civil registrar of the city or municipality where
either contracting party habitually resides
-A marriage license is valid for a period of 120
days from the date of its issuance. It is deemed
automatically cancelled at the expiration of said
period.
-A marriage license is valid anywhere in the
Philippines
Parental Consent/ Parental Advice
Requirement of parental consent:
If any party is below 21, parental consent must be exhibited
to the local civil registrar. Otherwise, marriage is voidable.

Requirement of parental advice:

If any party is between 21 and 25, parental advice is required.
Otherwise, license shall only be issued after 3 months from
completion of publication of the application.
Marriages exempt from the license
requirement
1. Marriage in articulo mortis (In case either or both of the
contracting parties are at the point of death)
2. Marriage in remote places (If the residence of either party is so
located that there is no means of transportation to enable such
party to appear personally before the local civil registrar)
3. Marriage among Muslims and members of ethnic cultural
communities
4. Marriage of a man and a woman who have been living together as
husband and wife for at least 5 years and without any legal
impediment to marry each other. In lieu of a marriage license, the
parties must execute an Affidavit of Cohabitation.
 Question – 2016 Bar
Brad and Angelina had a secret marriage before a pastor whose office is
located in Arroceros Street, City of Manila. They paid money to the pastor
who took care of all the documentation. When Angelina wanted to go to
the U.S., she found out that there was no marriage license issued to them
before their marriage.
Since their marriage was solemnized in 1995 after the effectivity of the
Family Code, Angelina filed a petition for judicial declaration of nullity on
the strength of a certification by the Civil Registrar of Manila that, after a
diligent and exhaustive search, the alleged marriage license indicated in
the marriage certificate does not appear in the records and cannot be
found.
Decide the case and explain.
 Suggested Answer
The marriage of Brad and Angelina should be declared void.
One of the formal requisites of a marriage is a marriage
license, the total absence of which will render the marriage
void. The absence of the marriage license was certified by
the local civil registrar who is the official custodian of these
documents and who is in the best position to certify as to
the existence of these records.
(Republic v. Castro, GR No. 103047, September 2, 1994).
State whether the following marital unions are valid, void, or
voidable. (2017 Bar)

Q. Marriage of Zoren and Carmina who did not secure a marriage

license prior to their wedding, but lived together as husband and
wife of 10 years without any legal impediment to marry.
SUGGESTED ANSWER:
The marriage between Zoren and Carmina is valid because it is one of
those exempt from the license requirement under the Family Code
(Article 34). No license shall be necessary for the marriage of a man
and a woman who have lived together as husband and wife for at
least five years without any legal impediment to marry each other.
Zoren and Carmina must execute an affidavit to that effect.
 Marriage – Formal Requisite (2008 Bar)
Roderick and Faye were high school sweethearts. When Roderick was 18 and Faye, 16
years old, they started to live together as husband and wife without the benefit of
marriage. When Faye reached 18 years of age, her parents forcibly took her back and
arranged for her marriage to Brad. Although Faye lived with Brad after the marriage,
Roderick continued to regularly visit Faye while Brad was away at work.
During their marriage, Faye gave birth to a baby girl Laica. When Faye was 25 years old,
Brad discovered her continued liaison with Roderick and in one of their heated
arguments, Faye shot Brad to death. She lost no time in marrying her true love
Roderick, without a marriage license, claiming that they have continuously cohabiting
for more than 5 years.
Was the marriage of Roderick and Faye valid?
 SUGGESTED ANSWER
No. the marriage of Roderick and Faye is not valid.
Art. 4, FC provides that the absence of any of the essential or formal requisites renders
the marriage void ab initio. However, no license shall be necessary for the marriage of a
man and a woman who have lived together as husband and wife for at least 5 years and
without any legal impediment to marry each other. This five-year period is characterized
by exclusivity and continuity. In the present case, the marriage of Roderick and Faye
cannot be considered as a marriage of exceptional character, because there were 2 legal
impediments during their cohabitation: minority on the part of Faye, during the first two
years of cohabitation; and, lack of legal capacity, since Faye married Brad at the age of 18.
The absence of a marriage license made the marriage of Faye and Roderick void ab initio
 Marriage ceremony
ØThere is no prescribed form or religious rite for
the solemnization of a marriage.
Ø Minimum requirements constituting a marriage ceremony:
i. the appearance of the contracting parties before the
solemnizing officer, and
ii. their personal declaration that they take each other as
husband and wife in the presence of not less than two
witnesses of legal age.
Marriage – Void Marriages; Status of
Children (2009 Bar)
In December 2000, Michael and Anna, after obtaining a
valid marriage license, went to the Office of the Mayor of
Urbano, Bulacan, to get married.
The Mayor was not there, but the Mayor’s secretary asked
Michael and Anna and their witnesses to fill up and sign
the required marriage contract forms. The secretary then
told them to wait, and went out to look for the Mayor
who was attending a wedding in a neighboring
municipality.
When the secretary caught up with the Mayor at the wedding
reception, she showed him the marriage contract forms and told
him that the couple and their witnesses were waiting in his office.

The Mayor forthwith signed all the copies of the marriage contract,
gave them to the secretary who returned to the Mayor’s office. She
then gave copies of the marriage contract to the parties, and told
Michael and Anna that they were already married. Thereafter, the
couple lived together as husband and wife, and had three sons.

Is the marriage of Michael and Anna valid, voidable, or void?

 Suggested Answer
The marriage is void because the formal requisite of
marriage ceremony was absent ( Art.3, F.C. 209,
Family Code).
VENUE
Article. 8. The marriage shall be solemnized publicly in the
chambers of the judge or in open court, in the church, chapel
or temple, or in the office the consul-general, consul or vice-
consul, as the case may be, and not elsewhere, except in cases
of marriages contracted on the point of death or in remote
places, or where both of the parties request the
solemnizing officer in writing in which case the marriage
may be solemnized at a house or place designated by them in
a sworn statement to that effect.
ØMarriage is still valid if not complied.
ØMere irregularity in marriage ceremony.
 Marriage contract
• A marriage contract is the best documentary
evidence of a marriage.
• Its absence is not, however, proof that no
marriage took place because other evidence
may be presented to prove the fact of
marriage.
• The mere fact that no record of the marriage
exists in the registry of marriage does not
invalidate said marriage, as long as in the
celebration thereof, all requisites for its validity
are present.
2. MARRIAGES CELEBRATED ABROAD

ØIf valid abroad, it is also valid in the Philippines.

ØExcept
1. Art 35 (1) -lack of legal capacity
2. Art 35 (4) - bigamous or polygamous marriage
3. Art 35 (5) - mistake as to identity
4. Art 35 (6) – non-compliance with registration
5. Art 36 – psychological incapacity
6. Art 37 – incestuous marriage
7. Art 38 – void due to public policy
 3. FOREIGN DIVORCE
ØPhilippines has no Divorce.
ØDivorce may only be recognized in
case of mixed marriage.
ØMixed Marriage – marriage between
a Filipino and Foreign national.
ØArticle 26, 2nd paragraph of the
Family Code
 Article 26 (2) of the Family Code
ØWhere 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.
Ø Article 26 (2) only requires that there be a divorce validly obtained abroad.
It “does not demand that the alien spouse should be the one who initiated
the proceeding wherein the divorce decree was granted.
ØIt does not distinguish whether the Filipino spouse is the petitioner or the
respondent in the foreign divorce proceeding. xxx A Filipino who initiated a
foreign divorce proceeding is in the same place and in like circumstances as a
Filipino who is at the receiving end of an alien initiated proceeding.”
The rules on divorce prevailing in this jurisdiction can be summed up as
follows:
◦ First, Philippine laws do not provide for absolute divorce, and hence, the courts
cannot grant the same;
◦ Second, consistent with Articles 15 and 17 of the Civil Code, the marital bond
between two (2) Filipino citizens cannot be dissolved even by an absolute divorce
obtained abroad;
◦ Third, 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; and
◦ Fourth, 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.

(Angelita Simundac-Keppel Vs. Georg Keppel, G.R. No. 202039. August 14, 2019)
 Question – 2019 Bar
F. a Filipina, married J. a Japanese, in the Philippines.
After three (3) years, they had a falling out and thus, separated.
Soon after, F initiated a divorce petition in Japan which was not
opposed by J. because under Japanese law, a grant of divorce will
capacitate him to remarry. F’s divorce petition was then granted by the
Japanese court with finality.

May the legal effects of the divorce decree be recognized in the

Philippines, and consequently, capacitate F to remarry here? Explain.
 SUGGESTED ANSWER
Yes, the legal effects of the divorce decree may be recognized in the
Philippines, and consequently, capacitate F to remarry.
In the case of Republic v. Manalo [G.R. No. 221029, April 24, 2018], the
Court held that under Paragraph 2 of Article 26 of the Family Code, a
Filipino citizen has the capacity to remarry under Philippine law after
initiating a divorce proceeding abroad and obtaining a favorable
judgment against his or her alien spouse who is capacitated to remarry.
Here, F initiated a divorce petition in Japan and obtained a favorable
judgment which capacitated her Japanese husband to remarry.
Applying Paragraph 2 of Article 26 of the Family Code as interpreted in
Republic v. Manalo, the legal effects of the divorce obtained by F may
be recognized in the Philippines which may capacitate F to remarry
here.
 Divorce Decree (2009 Bar)
Harry married Wilma, a very wealthy woman. Barely five (5)
years into the marriage, Wilma fell in love with Joseph. Thus,
Wilma went to a small country in Europe, became a naturalized
citizen of that country, divorced Harry, and married Joseph. A
year thereafter, Wilma and Joseph returned and established
permanent residence in the Philippines.

Is the divorce obtained by Wilma from Harry recognized in the

Philippines? Explain your answer.
 SUGGESTED ANSWER
Yes, the divorce obtained by Wilma is recognized as valid
in the Philippines. At the time she got the divorce, she was
already a foreign national having been naturalized as a
citizen of that “small country in Europe.”
Based on precedents established by the Supreme Court
(Bayot vs. CA, 570 SCRA 472 [2008]), divorce obtained by a
foreigner is recognized in the Philippines if validly
obtained in accordance with his or her national law.
 Divorce Decree (2012 Bar)
Cipriano and Lady Miros married each other. Lady Miros then
left for the US and there, she obtained American citizenship.
Cipriano later learned all about this including the fact that Lady
Miros has divorced him in America, and that he had authority to
remarry, invoking Par. 2, Art. 26 of the Family Code.
Is Cipriano capacitated to re-marry by virtue of the divorce
decree obtained by his Filipino spouse who was later naturalized
as an American citizen? Explain.
 SUGGESTED ANSWER
Yes, he is capacitated to remarry.
While the second paragraph of Art. 26 of the Family
Code is applicable only to a Filipino who married a
foreigner at the time of marriage, jurisprudence
dictates that said provision equally applies to a
Filipino who married another Filipino at the time of
the marriage, but who was already a foreigner when
the divorce was obtained.
 Foreign Divorce (2010 BAR)
True or False:
Under Art. 26 of the Family Code, when a
foreign spouse divorces his/her Filipino
spouse, the latter may re-marry by proving
only that the foreign spouse has obtained a
divorce against her or him abroad.
 SUGGESTED ANSWER
FALSE. In Garcia vs. Recio, 366 SCRA 437 (2001),
the SC held that for a Filipino spouse to have
capacity to contract a subsequent marriage, it
must also be proven that the foreign divorce
obtained abroad by the foreigner spouse gives
such foreigner spouse the capacity to remarry.
 ALTERNATIVE ANSWER
TRUE. Art. 26 (2) (FC), clearly provides that
the decree of divorce obtained abroad by
the foreigner spouse is sufficient to
capacitate the Filipino spouse to remarry.
 4. VOID MARRIAGES

ØScattered provisions in the Family Code

ØArticles 4, 35, 36, 37, 38, 40, 41, 44 and 53 in relation to Article 52
Article 4: Absence of Essential or
Formal Requisite
The absence of any of the essential or formal
requisites shall render the marriage void ab
initio, except as stated in Article 35 (2)
 Article 35: Marriages considered
void from the beginning
1. Those contracted minors
2. Lack of authority of solemnizing officer (unless either or both parties believing
in good faith that the solemnizing officer had the legal authority to do so)
3. Absence of marriage license (unless exempted)
4. Bigamous or polygamous marriages (except valid bigamous marriage under
Article 41 on presumptive death)
5. Mistake of party as to the identity of the other.
6. Subsequent marriages that are void under Article 53 (failure to comply with
requirements under Art 52)
Article 53. Void subsequent marriage
due to non-compliance with Art. 52
Mentioned in Article 35 (6)
Art. 53. Either of the former spouses may marry again after
compliance with the requirements of Article 52, otherwise, the
subsequent marriage shall be null and void.
Article 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.
End.