Persons and Family Relations Law - Finals - Mama Gie Notes

4.
BETWEEN PARENTS-IN-LAW & CHILDREN-IN-LAW;

Persons & Family Relations Law – 5. BETWEEN THE ADOPTING PARENT & THE ADOPTED CHILD;
Finals Reviewer 6. BETWEEN THE SURVIVING SPOUSE OF THE ADOPTING PARENT &
THE ADOPTED CHILD;
7. BETWEEN THE SURVIVING SPOUSE OF THE ADOPTED CHILD & THE
ADOPTER;
ARTICLE 37. MARRIAGES BETWEEN THE FOLLOWING ARE INCESTUOUS & 8. BETWEEN AN ADOPTED CHILD & A LEGITIMATE CHILD OF THE
VOID FROM THE BEGINNING, WHETHER THE RELATIONSHIP BETWEEN THE ADOPTER;
PARTIES BE LEGITIMATE OR ILLEGITIMATE: 9. BETWEEN ADOPTED CHILDREN OF THE SAME ADOPTER; &
1. BETWEEN ASCENDANTS & DESCENDANTS OF ANY DEGREE; & 10. BETWEEN PARTIES WHERE ONE, WITH THE INTENTION TO MARRY
2. BETWEEN BROTHERS & SISTERS, WHETHER OF THE FULL OR HALF THE OTHER, KILLED THAT OTHER PERSON’S SPOUSE, OR HIS OR HER
BLOOD. OWN SPOUSE
• Incestuous marriages have been universally condemned as grossly indecent, • Enumeration is exclusive
immoral, & inimical to the purity & happiness of the family & the welfare of • To determine whether or not two persons are relatives of each other up to the
future generations fourth civil, they have to consider their nearest & immediate common
• It places confusion on the rights & duties incident to family relations ascendant & then count the number of relatives from one of them to the
• It often yields an increased probability of increased genetic mutations common ascendant & from the common ascendant to the other one
• Incest prohibition regulates erotic desire to contribute to the preservation of • Consanguinity – by blood
the nuclear family • Affinity – by marriage
o Prohibition controls sex rivalries & jealousies within the family unit • Collateral blood relatives up to the Fourth civil degree
o By ensuring suitable role models, the incest restriction prepares the o includes one’s uncle, aunt, niece, nephew & first cousins
individual for assumption of familial responsibility as an adult o Relationship by consanguinity in itself is not capable of dissolution
• Ascendants – degree does not apply • Collateral half-blood relatives by consanguinity
o The law does not provide that marriages between collateral blood
relatives by the half-blood are prohibited (Example: Half-blood uncle
ARTICLE 38. THE FOLLOWING MARRIAGES SHALL BE VOID FROM THE can marry his half-blood niece In Re Simms Estate)
BEGINNING FOR REASONS OF PUBLIC POLICY: o Sta Maria: In Re Simms Estate seems to be the proper view – all doubts
1. BETWEEN COLLATERAL BLOOD RELATIVES must be construed in favor of marriage
2. WHETHER LEGITIMATE OR ILLEGITIMATE, UP TO THE FOURTH CIVIL • Relationship by affinity – step-parents & step-children as well as parents-in-
DEGREE; law & children-in-law
3. BETWEEN STEP-PARENTS & STEP-CHILDREN;
PERSONS & FAMILY RELATIONS: FINALS REVIEWER | SBCA-SOL | AY 2021-2022 | FIRST SEMESTER | COMBINATION OF PERSONAL NOTES & COLLATED REVIEWERS | ATTY. ELIZA YAMAMOTO-SANTOS 1
o BUT step brother & step sister can marry each other as this relationship
by affinity is not included in the prohibition
o If the relationship by affinity is terminated – the persons become
strangers to each other – this will allow them therefor to marry each
other legally
o Spouses have no living issues or children & one of the spouses dies,
the relationship by affinity is dissolved
o The relationship by affinity is continued despite the death of one of the
spouse where there are living issues or children of the marriage
• Adoptive relationship
o Prohibited Par. 4-8
o There is no prohibition against the marriage between an adopted & the
illegitimate child of the adopter
o The adopter can validly marry the legitimate, illegitimate or adopted
child, the natural parent, & other relatives, whether by consanguinity
or affinity of the adopted. o Surviving spouse – presuppose that the
marriage has been terminated by death
• Intentional killing – highly criminal - grave moral turpitude
o No prior criminal conviction by the court for the killing is required by
the law
o Mere preponderance of evidence is required
ARTICLE 39. THE ACTION OR DEFENSE FOR THE DECLARATION OF • The only acceptable proof of the nullity of a first marriage for purposes of
ABSOLUTE NULLITY SHALL NOT PRESCRIBE. (As Amended By Executive remarriage is a judicial declaration of nullity
Order 227, & Further Amended By Ra 8533 02-23-1998) • Article 40 & Bigamy
• A judicial decree of nullity of a marriage does not legally dissolve a marriage o The subsequent marriage is not void because it is bigamous but
because such a marriage is invalid from the beginning & therefore, being non- because it failed to comply with the requirements under Articles 40,
existent, cannot be dissolved 52, & 53
o Judicial decree merely declares or confirms the voidness, non- o Article 40 does not provide or expressly declare or define that a
existence, or incipient valid subsequent void marriage obtained in violation of Art. 40 is bigamous
• SC – Niñal v. Bayadog is overruled based on the new rules on declaration of because there is no bigamy if the first marriage is void & Art 40
nullity (A.M. No. 02-11-10), heirs can no longer file a case for the nullity of precisely contemplates a situation where the first marriage is void
marriage of their parents or of their parent with their step-parent • Criminal bigamy – committed by any person who shall contract a subsequent
o HOWEVER, a void marriage can still be collaterally attacked by any marriage before the former marriage has been legally dissolved or in cases of
interested party in any proceeding where the determination of the presumptive death – contemplates a situation where the first marriage is valid
validity of marriage is necessary to give rise to certain rights or to or at least annullable & not void from the beginning
negate certain rights o Mercado v. Mercado – SC held that bigamy is committed for as long as
a marriage was contracted without obtaining a JDON, reasoned that for
as long as Art. 40 was not complied with, the subsequent marriage will
ARTICLE 40. THE ABSOLUTE NULLITY OF A PREVIOUS MARRIAGE MAY BE always be criminally bigamous
INVOKED FOR PURPOSES OF REMARRIAGE ON THE BASIS SOLELY OF A o Dissenting opinion of Justice Vitug – APPEARS TO BE THE
FINAL JUDGMENT DECLARING SUCH PREVIOUS MARRIAGE VOID. CORRECT RULE (Sta. Maria)
• If a marriage between two contracting parties is void ab initio, any one of § While the accused may have violated Art. 40 – such violation is
not a bar in invoking the nullity of the first marriage because Art.
them cannot contract a subsequent valid marriage without a previous judicial
40 merely aims to put certainty as to the void status of the
declaration of nullity of the previous void marriage
subsequent marriage & is not aimed as a provision to define
• A subsequent marriage without such judicial declaration of nullity of the
bigamy under the Family Code or RPC
previous void marriage is in itself void ab initio in accordance with Art. 40
• The provisions on JDONs of a void marriage & its registration with the proper
o In connection with Art 40, if a JDON was obtained & not registered
civil registry, merely impose additional requisites for the validity of a
with the LCR & the liquidation, partition, & distribution of the property,
subsequent marriage contracted by a party to a void marriage & are not meant
if any, were also not recorded in the proper registry of property in
to change the concept of bigamy or its elements
accordance with Art 52 & 53 of the FC, any subsequent marriage is
likewise void ab initio
o Only after full compliance with Art 52 & 53 can a subsequent valid
marriage be entered into
ARTICLE 41. A MARRIAGE CONTRACTED BY ANY PERSON DURING o That the present spouse files a summary proceeding for the declaration
SUBSISTENCE OF A PREVIOUS MARRIAGE SHALL BE NULL & VOID, UNLESS of presumptive death of the absentee.
BEFORE THE CELEBRATION OF THE SUBSEQUENT MARRIAGE, THE PRIOR • Danger of death – Civil Code Art. 391
SPOUSE HAD BEEN ABSENT FOR FOUR CONSECUTIVE YEARS & THE o Vessel lost during a sea voyage
SPOUSE PRESENT HAS A WELL-FOUNDED BELIEF THAT THE ABSENT SPOUSE o Airplane lost
WAS ALREADY DEAD. o Armed forces & has taken part in the war
o Danger of death under other circumstances
• Judicial declaration of presumptive death is just prima facie & can be
IN CASE OF DISAPPEARANCE WHERE THERE IS DANGER OF DEATH UNDER
overthrown by evidence – the fact of death is not really established
THE CIRCUMSTANCES SET FORTH IN THE PROVISIONS OF ARTICLE 391 OF
• After the judicial declaration is issued, the properties of the first marriage
THE CIVIL CODE, AN ABSENCE OF ONLY TWO YEARS SHALL BE
should be liquidated using by analogy the provisions of Arts. 103 & 130 of
SUFFICIENT.
the Family Code if the marriage to be liquidated is in itself valid
• For purposes of opening the succession of the absent spouse, after the
FOR THE PURPOSE OF CONTRACTING THE SUBSEQUENT MARRIAGE
community property of the first marriage has been liquidated – period of 10
UNDER THE PRECEDING PARAGRAPH, THE SPOUSE PRESENT MUST years must pass (unless after 75 – then 5 years)
INSTITUTE A SUMMARY PROCEEDING AS PROVIDED IN THIS CODE FOR • Well-founded belief depends on the circumstances of the case
THE DECLARATION OF PRESUMPTIVE DEATH OF THE ABSENTEE, WITHOUT • As a general rule, no judicial declaration of presumptive death is required as
PREJUDICE TO THE EFFECT OF REAPPEARANCE OF THE ABSENT SPOUSE. such presumption arises from the law – only necessary to remarry
• As a general rule, a marriage contracted during the lifetime of the first spouse • Concept of well-founded belief alone is not sufficient for this purpose
is null & void, even if the first marriage is annullable or voidable o There must be good faith
• Exception: bigamous marriage may be considered valid if, prior to the
subsequent marriage & without prejudice to the effect of the reappearance of
the other spouse, the present spouse obtains a judicial declaration of ARTICLE 42. THE SUBSEQUENT MARRIAGE REFERRED TO IN THE
presumptive death via a summary proceeding in a court of competent PRECEDING ARTICLE SHALL BE AUTOMATICALLY TERMINATED BY THE
jurisdiction RECORDING OF THE AFFIDAVIT OF REAPPEARANCE OF THE ABSENT
• Requisites for judicial declaration of presumptive death SPOUSE, UNLESS THERE IS A JUDGMENT ANNULLING THE PREVIOUS
o That the absent spouse has been missing for four consecutive years, or
MARRIAGE OR DECLARING IT VOID AB INITIO.
two consecutive years if the disappearance occurred where there is
danger of death under the circumstances laid down in Article 391, Civil
A SWORN STATEMENT OF THE FACT & CIRCUMSTANCES OF
Code;
REAPPEARANCE SHALL BE RECORDED IN THE CIVIL REGISTRY OF THE
o That the present spouse wishes to remarry;
o That the present spouse has a well-founded belief that the absentee is RESIDENCE OF THE PARTIES TO THE SUBSEQUENT MARRIAGE AT THE
dead; & INSTANCE OF ANY INTERESTED PERSON, WITH DUE NOTICE TO THE
SPOUSES OF THE SUBSEQUENT MARRIAGE & WITHOUT PREJUDICE TO THE
FACT OF REAPPEARANCE BEING JUDICIALLY DETERMINED IN CASE SUCH SPOUSE BY A PREVIOUS MARRIAGE OR IN DEFAULT OF CHILDREN,
FACT IS DISPUTED. THE INNOCENT SPOUSE;
• This is the only instance where a marriage is terminated extra-judicially 3. DONATIONS BY REASON OF MARRIAGE SHALL REMAIN VALID,
• Unless there is a judgment annulling the previous marriage or declaring it EXCEPT THAT IF THE DONEE CONTRACTED THE MARRIAGE IN BAD
void ab initio, automatic termination of the subsequent marriage can be FAITH, SUCH DONATIONS MADE TO SAID DONEE ARE REVOKED
obtained by recording of the affidavit of reappearance of the absent spouse in BY OPERATION OF LAW;
the civil registry of the residence of the parties to the subsequent marriage 4. THE INNOCENT SPOUSE MAY REVOKE THE DESIGNATION OF THE
• If the spouse reappeared & he or she or any interested party does not file an OTHER SPOUSE WHO ACTED IN BAD FAITH AS BENEFICIARY IN
affidavit or sworn statement with the civil register of the reappearance – there will
ANY INSURANCE POLICY, EVEN IF SUCH DESIGNATION BE
technically exist two valid marriages
STIPULATED AS IRREVOCABLE; &
• A valid bigamous marriage shall exist if the marriage between the present spouse
5. THE SPOUSE WHO CONTRACTED THE SUBSEQUENT MARRIAGE IN
& the reappearing spouse is valid
BAD FAITH SHALL BE DISQUALIFIED TO INHERIT FROM THE
• The law shall continue to protect the second marriage rather than the first if
nothing is filed INNOCENT SPOUSE BY TESTATE & INTESTATE SUCCESSION.
• If the reappearing spouse really wants to get married to another person, the
reappearing spouse has no choice but to file a nullity or annulment case against • Children legitimate because they have been conceived either inside a valid
the present spouse if there are valid grounds to do so bigamous marriage or inside a valid marriage despite non-observance of Arts
40, 52 & 53
• The property regime shall be dissolved & liquidated
ARTICLE 43. THE TERMINATION OF THE SUBSEQUENT MARRIAGE REFERRED • After payment of all debts & obligations of the property regime, the spouses
TO IN THE PRECEDING ARTICLE SHALL PRODUCE THE FOLLOWING shall divide the property equally or in accordance with the sharing stipulated
EFFECTS: in a valid marriage settlement unless there has been a voluntary waiver of
1. THE CHILDREN OF THE SUBSEQUENT MARRIAGE CONCEIVED share by either of the spouses upon the judicial separation of the property
PRIOR TO ITS TERMINATION SHALL BE CONSIDERED LEGITIMATE, & • If either of the spouses acted in bad faith, the guilty spouse shall not get his
share in the net profits of the property regime – in favor of the common
THEIR CUSTODY & SUPPORT IN CASE OF DISPUTE SHALL BE
children or if none then the innocent spouse
DECIDED BY THE COURT IN A PROPER PROCEEDING;
• The innocent spouse can revoke the rights of the spouse, who acted in bad
2. THE ABSOLUTE COMMUNITY OF PROPERTY OR THE CONJUGAL
faith, as a beneficiary in an insurance policy
PARTNERSHIP, AS THE CASE MAY BE, SHALL BE DISSOLVED &
• The spouse who contracted the subsequent marriage in bad faith shall be
LIQUIDATED, BUT IF EITHER SPOUSE CONTRACTED SAID
disqualified to inherit from the innocent spouse by testate & intestate
MARRIAGE IN BAD FAITH, HIS OR HER SHARE OF THE NET PROFITS
succession.
OF THE COMMUNITY PROPERTY OR CONJUGAL PARTNERSHIP
• If both parties are in bad faith then such marriage is void
PROPERTY SHALL BE FORFEITED IN FAVOR OF THE COMMON
CHILDREN OR, IF THERE ARE NONE, THE CHILDREN OF THE GUILTY
ARTICLE 44. IF BOTH SPOUSES OF THE SUBSEQUENT MARRIAGE ACTED IN As to Property Relations
BAD FAITH, SAID MARRIAGE SHALL BE VOID AB INITIO & ALL DONATIONS
Co-ownership of properties through Generally conjugal partnership or
BY REASON OF MARRIAGE & TESTAMENTARY DISPOSITIONS MADE BY joint actual contributions absolute community
ONE IN FAVOR OF THE OTHER ARE REVOKED BY OPERATION OF LAW.
As to Liquidation of Property
• If only one party is in bad faith, the marriage would still be valid & hence the
children born inside such marriage are legitimate Properties are liquidated in accordance
with the rules provided under the
• Donations are essentially gratuitous – hence if both parties are in good faith – Properties are liquidated in accordance
chapters in the absolute community of
then the donation by reason of marriage is valid even if the subsequent with the ordinary rules of co-ownership
marriage is terminated, even if donor acted in bad faith property & the conjugal partnership
gains
• If the donee acted in bad faith, it is ipso jure terminated by operation of law –
because the marriage is void in accordance with Art. 44 & therefore the As to Prescription
principal consideration for such donation does not exist Action for declaration of nullity does
Action prescribes
• Considered void only if both spouses in the subsequent marriage are in bad not prescribe
faith As to Decree Issued
• The good faith of the present spouse must be present up to the time of the
celebration of the subsequent marriage Decree of Nullity Decree of Annulment
VOID MARRIAGE v. VOIDABLE MARRIAGE

ARTICLE 45. A MARRIAGE MAY BE ANNULLED FOR ANY OF THE
VOID VOIDABLE FOLLOWING CAUSES, EXISTING AT THE TIME OF THE MARRIAGE:
As to Nature 1. THAT THE PARTY IN WHOSE BEHALF IT IS SOUGHT TO HAVE THE
MARRIAGE ANNULLED WAS EIGHTEEN YEARS OF AGE OR OVER
Always void Valid until annulled
BUT BELOW TWENTY-ONE, & THE MARRIAGE WAS SOLEMNIZED
As to Susceptibility for Convalidation WITHOUT THE CONSENT OF THE PARENTS, GUARDIAN OR PERSON
Incapable of being convalidated or Can be convalidated by free HAVING SUBSTITUTE PARENTAL AUTHORITY OVER THE PARTY, IN
ratified cohabitation or prescription THAT ORDER, UNLESS AFTER ATTAINING THE AGE OF TWENTY-
As to Impugnation ONE, SUCH PARTY FREELY
Can be attacked directly or collaterally Can only be attacked through a direct 2. COHABITED WITH THE OTHER & BOTH LIVED TOGETHER AS
in an action filed or by way of defense action filed in court HUSBAND & WIFE;
3. THAT EITHER PARTY WAS OF UNSOUND MIND, UNLESS SUCH
As to Impugnation After Death of Either Party
PARTY AFTER COMING TO REASON, FREELY COHABITED WITH THE
Can still be impugned even after death Can no longer be impugned after death
OTHER AS HUSBAND & WIFE;
of parties of one of the parties
4. THAT THE CONSENT OF EITHER PARTY WAS OBTAINED BY FRAUD, o Burden of proof – him who alleges insanity & by a preponderance of
UNLESS SUCH PARTY AFTERWARDS, WITH FULL KNOWLEDGE OF evidence
THE FACTS CONSTITUTING THE FRAUD, FREELY COHABITED WITH o If a previous state of insanity is proved, the burden of proof shifts to
THE OTHER AS HUSBAND & WIFE; him who asserts that the act was done while the person was sane
5. THAT THE CONSENT OF EITHER PARTY WAS OBTAINED BY FORCE, • Vitiated Consent (forced)
INTIMIDATION OR UNDUE INFLUENCE, UNLESS THE SAME HAVING o Consent must not be obtained by force, intimidation or undue influence
o There is intimidation when one of the contracting parties is compelled
DISAPPEARED OR CEASED, SUCH PARTY THEREAFTER FREELY
by a reasonable & well-grounded feat of an imminent & grave evil upon
COHABITED WITH THE OTHER AS HUSBAND & WIFE;
his person or property, or upon the person or property of his spouse,
6. THAT EITHER PARTY WAS PHYSICALLY INCAPABLE OF
ascendants, descendants, to give his consent
CONSUMMATING THE MARRIAGE WITH THE OTHER, & SUCH
o The age, sex, & condition shall be taken into account to determine the
INCAPACITY CONTINUES & APPEARS TO BE INCURABLE; OR degree of intimidation
7. THAT EITHER PARTY WAS AFFLICTED WITH A SEXUALLY- o Must be proven by a preponderance of evidence
TRANSMISSIBLE DISEASE FOUND TO BE SERIOUS & APPEARS TO BE o Criminal liability attaches on anyone who uses violence, intimidation
INCURABLE. & fraud in contracting a marriage
• Incapacity to consummate
• Paragraphs 1-4 can be ratified o Permanent inability on the part of one of the spouses to perform the
• Article 45 is exclusive complete act of sexual intercourse
• The grounds for annulment are only those specified by law o Mere sterility is not a ground for annulment/nullification of marriage
• No parental consent o May be on the part of the husband or the wife
o The law considers persons between 18 & 21 as not possessing that o May be caused by a physical or structural defect in the anatomy of one
degree of maturity to thoroughly comprehend the consequences & of the parties, but not limited to physical incapacity
serious responsibilities of marriage o May be due to a chronic illness & inhibitions or fears arising in whole
o Annullable at the instance of the party whose parent or guardian did not or in part from psychophysical conditions
give consent o Requisites
• Unsound mind § Must exist at the time of the marriage ceremony
o Requirements § Must be continuous
§ Such a derangement of the mind to prevent the party form § Must appear to be incurable
comprehending the nature of the contract & from giving to it his o When considered:
free & intelligent consent § Excessive sensibility if medically & sufficiently proven on the
o Not by mere weakness of mind or dullness of intellect or eccentricities part of the wife – rendering sexual intercourse practically
or partial dementia impossible on account of the pain
§ Vaginismus
o Not considered 2. CONCEALMENT BY THE WIFE OF THE FACT THAT AT THE TIME OF
§ Epilepsy THE MARRIAGE, SHE WAS PREGNANT BY A MAN OTHER THAN HER
§ Mere refusal to have sex HUSBAND;
§ Man can get an erection but is psychologically inhibited in sexual 3. CONCEALMENT OF SEXUALLY TRANSMISSIBLE DISEASE,
intercourse despite the erection REGARDLESS OF ITS NATURE, EXISTING AT THE TIME OF THE
§ Sterility
MARRIAGE; OR
o Burden of proof lies with the person who alleges the incapacity
4. CONCEALMENT OF DRUG ADDICTION, HABITUAL ALCOHOLISM
o Degree of proof – preponderance of evidence
OR HOMOSEXUALITY OR LESBIANISM EXISTING AT THE TIME OF
o Must be proven by a preponderance of evidence
THE MARRIAGE.
o Need not be universal – may exist only with the present spouse but not
another
o Presumption of impotence may arise if the situation comes within the NO OTHER MISREPRESENTATION OR DECEIT AS TO CHARACTER, HEALTH,
purview of the rule of triennial cohabitation – where the wife remains a RANK, FORTUNE OR CHASTITY SHALL CONSTITUTE SUCH FRAUD AS WILL
virgin for at least 3 years from they started cohabiting GIVE GROUNDS FOR ACTION FOR THE ANNULMENT OF MARRIAGE.
§ Husband must show that he was not impotent during the said
period & the burden will be upon him to overcome the • Fraud refers to the non-disclosure or concealment of certain circumstances
presumption of impotence which materially affect the essence of marriage
o Sterility is not impotency – a sterile person can have sex but shoots • There is no fraud if there is no concealment or if there is disclosure
blanks – Thus not a ground for annulment • Article 46 is exclusive
• STD • Health, rank, character, fortune or chastity – are accidental matters not going
o Even if not concealed – it can still be a ground for annulment BUT it into the essence of the marriage & not affecting the free consent of the injured
must be found to be serious & incurable party
o If obtained after the marriage then it cannot be a ground for annulment • Non-disclosure of previous conviction
but can be used as evidence for sexual infidelity o Must be by final judgment
o Must be a crime involving moral turpitude (everything which is
contrary to justice, honesty, or good morals)
ARTICL 46. ANY OF THE FOLLOWING CIRCUMSTANCES SHALL o It is not necessary that one of the parties investigates the other in order
CONSTITUTE FRAUD REFERRED TO IN NUMBER 3 OF THE PRECEDING to determine if the other has a criminal record – failure to do so will not
ARTICLE: bar a case for annulment
1. NON-DISCLOSURE OF A PREVIOUS CONVICTION BY FINAL o The burden is on the convicted – mere failure to do so will already
JUDGMENT OF THE OTHER PARTY OF A CRIME INVOLVING constitute non-disclosure
MORAL TURPITUDE; • Concealment of pregnancy
o Limits the fraud to the wife only & not to the husband
o Must have been done in bad faith o Element of bad faith on the part of the one making the concealment is
o Mere pregnancy alone at the time of the marriage is not sufficient to essential & must be duly proven
successfully annul a marriage on this ground – it must be concealment
o Not considered:
§ Her physical condition was readily apparent – the man cannot ARTICLE 47. THE ACTION FOR ANNULMENT OF MARRIAGE MUST BE FILED
claim lack of knowledge BY THE FOLLOWING PERSONS & WITHIN THE PERIODS INDICATED HEREIN:
§ Married a woman who was unchaste & claimed the child was his 1. FOR CAUSES MENTIONED IN NUMBER 1 OF ARTICLE 45 BY THE
§ Fake pregnancy to marry PARTY WHOSE PARENT OR GUARDIAN DID NOT GIVE HIS OR HER
o Considered: CONSENT, WITHIN FIVE YEARS AFTER ATTAINING THE AGE OF
§ Four months pregnant – not conclusive
TWENTY-ONE, OR BY THE PARENT OR GUARDIAN OR PERSON
o Sta. Maria: unduly discriminatory to women –
HAVING LEGAL CHARGE OF THE MINOR, AT ANY TIME BEFORE
§ Fraud should also be imputed on a husband who did not disclose
SUCH PARTY HAS REACHED THE AGE OF TWENTY-ONE;
that he impregnated another woman
2. FOR CAUSES MENTIONED IN NUMBER 2 OF ARTICLE 45, BY THE
• Concealment of STD, regardless of nature
SAME SPOUSE, WHO HAD NO KNOWLEDGE OF THE OTHER’S
o The nature or gravity is irrelevant in order to invoke this ground
o Enough that there was concealment of the STD at the time of the INSANITY OR BY ANY RELATIVE OR GUARDIAN OR PERSON
marriage ceremony to warrant the annulment of such a marriage on the HAVING LEGAL CHARGE OF THE INSANE, AT ANY TIME BEFORE
ground of fraud THE DEATH OF EITHER PARTY, OR BY THE INSANE SPOUSE DURING
o Consummation is not required for this ground to exist A LUCID INTERVAL OR AFTER REGAINING SANITY;
• Concealment of drug addiction & habitual alcoholism 3. FOR CAUSES MENTIONED IN NUMBER 3 OF ARTICLES 45, BY THE
o Persistent habit of becoming intoxicated INJURED PARTY, WITHIN FIVE YEARS AFTER THE DISCOVERY OF THE
o Nature & extent of the drunkenness must be such that the person by FRAUD;
frequent indulgence may be said to have a fixed & irresistible habit of 4. FOR CAUSES MENTIONED IN NUMBER 4 OF ARTICLE 45, BY THE
drunkenness INJURED PARTY, WITHIN FIVE YEARS FROM THE TIME THE FORCE,
o He has lost the power or will to control his appetite for intoxicating INTIMIDATION OR UNDUE INFLUENCE DISAPPEARED OR CEASED;
liquor – whenever the temptation & opportunity is presented 5. FOR CAUSES MENTIONED IN NUMBER 5 & 6 OF ARTICLE 45, BY THE
o Renders the party unfit for the duties of marital relation & disqualifies INJURED PARTY, WITHIN FIVE YEARS AFTER THE MARRIAGE.
him from properly rearing & caring for the children born of the
marriage
• It is not enough for the plaintiff-parent to allege a cause of action in favor
• Concealment of homosexuality or lesbianism of someone; he/she must show that it exists in favor of himself/herself
o The ground is not homosexuality but the concealment of such sexual
• If the sane spouse knew that his/her spouse was insane before the marriage,
orientation
such spouse cannot file the suit because she is estopped
• It may be argues that the lowering of the majority age from 21 to 18 by RA disappeared or
6809 has, in effect, extended the prescriptive period in favor of the child. ceased
(Since the law provides that he/she can file the case within five years after Incapability
5 years from
reaching the age of 21) to
Injured party marriage No ratification
• Except for incurable physical incapacity to consummate & incurable STD – Consummate
ceremony
the other grounds are subject to the rule on ratification / STD
ACTION FOR ANNULMENT OF VOIDABLE MARRIAGES ARTICLE 48. IN ALL CASES OF ANNULMENT OR DECLARATION OF
PARTY TO FILE PRESCRIPTION ABSOLUTE NULLITY OF MARRIAGE, THE COURT SHALL ORDER THE
GROUND RATIFICATION PROSECUTING ATTORNEY OR FISCAL ASSIGNED TO IT TO APPEAR ON
THE SUIT PERIOD
Any time before BEHALF OF THE STATE TO TAKE STEPS TO PREVENT COLLUSION BETWEEN
Parent or guardian THE PARTIES & TO TAKE CARE THAT EVIDENCE IS NOT FABRICATED OR
“no-consent
having legal charge of
No parental party” reaches age Free cohabitation SUPPRESSED.
“no-consent party”
consent of 21 after turning 21
Within 5 years IN THE CASES REFERRED TO IN THE PRECEDING PARAGRAPH, NO
“no-consent” party
after attaining 21 JUDGMENT SHALL BE BASED UPON A STIPULATION OF FACTS OR
Sane spouse without CONFESSION OF JUDGMENT.
Free cohabitation
knowledge of insanity Any time before • 15 days from receipt of the summons & a copy of the complaint to file an
Relative, guardian or death of either answer
person having legal party X • fails to file an answer – cannot be declared in default
Insanity
charge of insane • An erroneous judgment is not a void judgment - If, erroneously, the court
During lucid After coming to renders a. default judgment in an annulment case, this would not prevent the
Insane spouse interval or after reason – free decree from having legal effect
regaining sanity cohabitation • If the defendant answers – the issues of the case are considered joined then
Free cohabitation the court shall order the hearing of the case
5 yrs from with full • Fiscal’s job is to ensure no collusion
Fraud Injured party
discovery knowledge of • In all cases:
fraud o A full-blown hearing must be undertaken
5 yrs from the Upon cessation of o Summary proceedings are not allowed
Vitiated time force, the vitiating • Duty of the Fiscal & Solicitor General
Injured party
Consent intimidation, influence – free o Must be present
undue influence cohabitation o Can be required to submit a memorandum
o Defend a valid marriage ARTICLE 50. THE EFFECTS PROVIDED FOR BY PARAGRAPHS (2), (3), (4) &
o Expose an invalid one (5) OF ARTICLE 43 & BY ARTICLE 44 SHALL ALSO APPLY IN THE PROPER
o Prosecuting attorney must actively participate CASES TO MARRIAGES WHICH ARE DECLARED AB INITIO OR ANNULLED
• Collusion – the parties come up with an agreement making it appear that the BY FINAL JUDGMENT UNDER ARTICLES 40 & 45.
marriage is defective
• The failure to file an answer cannot of itself be taken against the plaintiff as THE FINAL JUDGMENT IN SUCH CASES SHALL PROVIDE FOR THE
conclusive evidence of collusion LIQUIDATION, PARTITION & DISTRIBUTION OF THE PROPERTIES OF THE
• There will be collusion only if the parties had arranged & connived SPOUSES, THE CUSTODY & SUPPORT OF THE COMMON CHILDREN, & THE
• An annulment or nullity decree cannot be issued by the court on the sole basis DELIVERY OF THIRD PRESUMPTIVE LEGITIMES, UNLESS SUCH MATTERS HAD
of a stipulation of facts or a confession of judgment ONLY
BEEN ADJUDICATED IN PREVIOUS JUDICIAL PROCEEDINGS.
• Finality of judgement on annulment – recorded in the entry of judgement
ALL CREDITORS OF THE SPOUSES AS WELL AS OF THE ABSOLUTE

COMMUNITY OR THE CONJUGAL PARTNERSHIP SHALL BE NOTIFIED OF
ARTICLE 49. DURING THE PENDENCY OF THE ACTION & IN THE ABSENCE
THE PROCEEDINGS FOR LIQUIDATION.
OF ADEQUATE PROVISIONS IN A WRITTEN AGREEMENT BETWEEN THE
SPOUSES, THE COURT SHALL PROVIDE FOR THE SUPPORT OF THE SPOUSES
IN THE PARTITION, THE CONJUGAL DWELLING & THE LOT ON WHICH IT IS
& THE CUSTODY & SUPPORT OF THEIR COMMON CHILDREN. THE COURT
SITUATED, SHALL BE ADJUDICATED IN ACCORDANCE WITH THE
SHALL GIVE PARAMOUNT CONSIDERATION TO THE MORAL & MATERIAL
PROVISIONS OF ARTICLES 102 & 129.
WELFARE OF SAID CHILDREN & THEIR CHOICE OF THE PARENT WITH
WHOM THEY WISH TO REMAIN AS PROVIDED TO IN TITLE IX. IT SHALL ALSO
• The judgment of annulment of nullity of marriage shall state the factual &
PROVIDE FOR APPROPRIATE VISITATION RIGHTS OF THE OTHER PARENT
legal basis of its dispositive conclusion
• During the pendency of the trial – the support of the spouses & custody &
• The court cannot grant any relief which is not based on the allegation of the
support of children is governed by their marriage settlement
petition unless issues related to the main case were presented without
• But the court has discretion to provide otherwise if they find reason to
objection from any party
• Unless there are reasons later proven to show non-entitlement to support – the
• In so far as void marriages are concerned
support given to a spouse during the case need not be reimbursed since the
o Art. 43 par. 2, 3, 4, 5 – exceptionally apply only to void subsequent
marriage is valid up to the time it is dissolved
marriages that occur as a results of the non-observance of art. 40
• Custody – under 7 years of age – shall not be separated from the mother (subsequent void marriage contracted by a spouse of a prior valid
marriage before the latter is judicially declared void)
• In all other cases of a void marriage other than art 40 – the property regime
shall be governed by the rules on co-ownership in art. 147 & 148
• Valdez ruling should be followed – after the entry of judgment as a • Delivery of the presumptive legitime will in no way prejudice the ultimate
consequence of the finality of a nullity or annulment decree, the presumptive successional rights of the children upon the death but the value of the
legitime of the common children shall be delivered pursuant to Arts 50 & 51 properties already received under the decree of annulment or nullity shall be
• Unless there is a motion for reconsideration or an appeal made after the considered advances on their legitime
decision, such decision will become final upon the expiration of 15 days from • In void marriages, the delivery of the presumptive legitime is generally not
receipt of the parties of the decisions required except only in the void subsequent marriage resulting from the non-
• Upon finality, the entry of judgment shall be issued observance of Art 40 in relation to Arts 52 & 53
• Then a Decree of Absolute Nullity or Annulment shall be issued – this shall • Valdes v. RTC – SC: as a general rule, in cases of void marriages – the special
be the best evidence rules on co-ownership under Arts 147 & 148, as the case may be, are
applicable
o In case of liquidation & partition of such co-ownership, the ordinary
ARTICLE 51. IN SAID PARTITION, THE VALUE OF THE PRESUMPTIVE rules of co-ownership under the CC are applicable & not Arts 50, 51,
LEGITIMES OF ALL COMMON CHILDREN, COMPUTED AS OF THE DATE OF & 52
THE FINAL JUDGMENT OF THE TRIAL COURT, SHALL BE DELIVERED IN o Art. 50 among others requires the delivery of the presumptive legitime
CASH, PROPERTY OR SOUND SECURITIES, UNLESS THE PARTIES, BY o Art 51 provides how the delivery of the presumptive legitime should
MUTUAL AGREEMENT JUDICIALLY APPROVED, HAD ALREADY PROVIDED be valued
o Art. 52 among others requires the recording of the delivery of the
FOR SUCH MATTERS.
presumptive legitime in the proper registry of property
• Following Valdes
THE CHILDREN OR THEIR GUARDIAN OR THE TRUSTEE OF THEIR PROPERTY
o General Rule: in void marriages delivery of presumptive legitime is not
MAY ASK FOR THE ENFORCEMENT OF THE JUDGMENT.
necessary
o Exception: Paragraphs 2, 3, 4, 5 of Art. 43 relate only (by the explicit
THE DELIVERY OF THE PRESUMPTIVE LEGITIMES HEREIN PRESCRIBED SHALL terms of Art. 50) to voidable marriages under Art. 45 & exceptionally
IN NO WAY PREJUDICE THE ULTIMATE SUCCESSIONAL RIGHTS OF THE to void marriages under Art. 40 (declaration of nullity of a subsequent
CHILDREN ACCRUING UPON THE DEATH OF EITHER OR BOTH OF THE marriage before judicially declared void)
PARENTS; BUT THE VALUE OF THE PROPERTIES ALREADY RECEIVED UNDER o The liquidation of the property of the void subsequent marriage
THE DECREE OF ANNULMENT OR ABSOLUTE NULLITY SHALL BE referred to in Art. 40 will be done as if the property relationship is the
CONSIDERED AS ADVANCES ON THEIR LEGITIME. ACP or CPG
• Articles 50, 51 & 52 requiring the delivery of the presumptive legitime
• Cash, properties or sound securities unless the parties by mutual agreement exceptionally applies to a subsequent void marriage resulting from the non-
already provided for such matter observance of Art. 40
• Shall be computed as of the date of the final judgment of the trial court • Children’s guardian or trustee of their property may ask for the enforcement
of the delivery of the presumptive legitime.
ARTICLE 52. THE JUDGMENT OF ANNULMENT OR OF ABSOLUTE NULLITY • Children conceived or born inside an annullable or voidable marriage are
OF THE MARRIAGE, THE PARTITION & DISTRIBUTION OF THE PROPERTIES legitimate while those conceived & born inside a void marriage are
OF THE SPOUSES, & THE DELIVERY OF THE CHILDREN’S PRESUMPTIVE illegitimate except as provided for in Art. 54
LEGITIMES SHALL BE RECORDED IN THE APPROPRIATE CIVIL REGISTRY & • The children referred to under Art. 54 referring to Art. 36 are those conceived
REGISTRIES OF PROPERTY; OTHERWISE, THE SAME SHALL NOT AFFECT or born AFTER the marriage ceremony of the parents BUT before final
THIRD PERSONS. judgment or nullity
• Non-compliance with the liquidation & partition requirements as well as the
delivery of the presumptive legitime shall be cause for the non-issuance of a
decree of nullity or annulment ARTICLE 55. A PETITION FOR LEGAL SEPARATION MAY BE FILED ON ANY
• Observance or non-observance is crucially material in determining whether or OF THE FOLLOWING GROUNDS:
not the subsequent marriage is void only if the previous marriage has been 1. REPEATED PHYSICAL VIOLENCE OR GROSSLY ABUSIVE CONDUCT
judicially nullified or annulled in accordance with law DIRECTED AGAINST THE PETITIONER, A COMMON CHILD, OR A
• Upon finality of judgment decree shall be issued which shall be registered in CHILD OF THE PETITIONER;
the local civil registries where the marriage was recorded & where the court 2. PHYSICAL VIOLENCE OR MORAL PRESSURE TO COMPEL THE
granting the petition is located PETITIONER TO CHANGE RELIGIOUS OR POLITICAL AFFILIATION;
3. ATTEMPT OF RESPONDENT TO CORRUPT OR INDUCE THE
PETITIONER, A COMMON CHILD, OR A CHILD OF THE PETITIONER,
ARTICLE 53. EITHER OF THE FORMER SPOUSES MAY MARRY AGAIN AFTER TO ENGAGE IN PROSTITUTION, OR CONNIVANCE IN SUCH
COMPLIANCE WITH THE REQUIREMENTS OF THE IMMEDIATELY CORRUPTION OR INDUCEMENT;
PRECEDING ARTICLE; OTHERWISE, THE SUBSEQUENT MARRIAGE SHALL BE 4. FINAL JUDGMENT SENTENCING THE RESPONDENT TO
NULL & VOID. IMPRISONMENT OF MORE THAN SIX YEARS, EVEN IF PARDONED;
• Example: A & B are annulled. A before liquidating the conjugal properties 5. DRUG ADDICTION OR HABITUAL ALCOHOLISM OF THE
with B & without delivering the presumptive legitimes of their common RESPONDENT;
legitimate children, subsequently marries X, the said marriage is void, but any 6. LESBIANISM OR HOMOSEXUALITY OF THE RESPONDENT;
child conceiver or born INSIDE such void marriage is legitimate 7. CONTRACTING BY THE RESPONDENT OF A SUBSEQUENT
BIGAMOUS MARRIAGE, WHETHER IN THE PHILIPPINES OR
ABROAD;
ARTICLE 54. CHILDREN CONCEIVED OR BORN BEFORE THE JUDGMENT OF
8. SEXUAL INFIDELITY OR PERVERSION;
ANNULMENT OR ABSOLUTE NULLITY OF THE MARRIAGE UNDER ARTICLE
9. ATTEMPT BY THE RESPONDENT AGAINST THE LIFE OF THE
36 HAS BECOME FINAL & EXECUTORY SHALL BE CONSIDERED
PETITIONER; OR
LEGITIMATE. CHILDREN CONCEIVED OR BORN OF THE SUBSEQUENT
10. ABANDONMENT OF PETITIONER BY RESPONDENT WITHOUT
MARRIAGE UNDER ARTICLE 53 SHALL LIKEWISE BE LEGITIMATE.
JUSTIFIABLE CAUSE FOR MORE THAN ONE YEAR.
o Does not include children which are not common to the marriage – but
FOR PURPOSES OF THIS ARTICLE, THE TERM “CHILD” SHALL INCLUDE A case valid to suspend or terminate parental authority
CHILD BY NATURE OR BY ADOPTION. • Final judgment involving more than six years of imprisonment
o The offense could have been committed against anybody
• A decree of legal separation does not affect the marital status there being no o Can be invoked even if there was a valid pardon
severance of the vinculum – just a separation of bed & board o Judgment must be final
• The grounds enumerated are exclusive o During the pendency of the case – still presumed innocent
• They may or may not exist at the time of the marriage ceremony • Drug addiction, habitual alcoholism, lesbianism & homosexuality
• General Rule: The usually occur after the celebration of the marriage o Extent & nature same as those in annulment cases
• Repeated physical violence or grossly abusive conduct o However in annulment – they are instances of fraud which must exist
o Does not include repeated physical violence upon the child of the at the time of the celebration of the marriage
respondent or the guilty spouse (not common child) – but may be a o Legal Separation – can exist even after the marriage ceremony
cause to suspend or terminate parental authority o Sta. Maria – don’t join homosexuality with addiction
o Frequency of the act & not the severity is the determinative factor • Bigamy
o It must be inflicted with bad faith & malice o Bigamy – act of illegally contracting a second marriage despite full
o Even if the act is not repeated or does not involve physical violence, it knowledge that the first marriage is still validly existing or without
may still constitute grossly abusive conduct – still determined on a obtaining a judicial declaration of presumptive death
case-to-case basis o Doesn’t matter where the marriage is solemnized for Legal Separation
o Considered: o Bigamous marriage committed abroad – guilty party cannot be
§ Squeezing of neck, pulling of hair & the like without the intent to criminally prosecuted for bigamy in the Philippines (penal statutes are
kill territorial in nature)
§ Use of offensive language toward the other spouse, calling them • Sexual infidelity or perversion
vile names with the intent & fixed purpose of causing unhappiness o Other acts of sexual infidelity short of adultery & concubinage are
• Compulsion by physical violence or moral pressure to change religious or enough
political affiliation o So long as it constitutes a clear betrayal of the trust of his or her spouse
o Unity within the family, couple should learn to live with each other’s by having intimate love affairs with other persons
political ideals o Tenchavez v Escano – Filipina who obtains an absolute divorce abroad,
• Corruption or inducement to engage in prostitution subsequently marries a foreigner, cohabits with the same, technically
o May issue the decree to prevent the guilty spouse from exercising such committed intercourse with a person other than her husband,
morally depraved acts detrimental to the growth of the children & the considering that the divorce obtained is not recognized in the
family as a whole Philippines – her subsequent marriage is bigamous
o Prostitution only – it cannot be any other immoral or corrupt act o Sexual perversion includes engaging in behavior not only with third
o A mere attempt is enough persons but also with the spouse
• Attempt on life 5. WHERE THERE IS COLLUSION BETWEEN THE PARTIES TO OBTAIN THE
o Must proceed from an evil design & not from any justifiable cause DECREE OF LEGAL SEPARATION; OR WHERE THE ACTION IS
o The criminal attempt can be proven by a preponderance of evidence in BARRED BY PRESCRIPTION
a case for Legal Separation
• Unjustified abandonment • Condonation – the act of forgiving the offense after its commission
o Must be willful (when there is a design to forsake the other spouse o Implies a condition of future good behavior
intentionally, or without cause, & therefore break up the marital union) o Ocampo v. Florenciano – the failure of the husband to look actively for
o Deliberate intent to cease living his adulterous wife after she left the conjugal home does not constitute
o Abnegation of all duties of the marriage relation, not to return condonation or consent of the wife’s adulterous acts
o Must be a wrongful intent to desert, continued for the statutory period o Almacen v. Baltazar – act of giving money to an erring wife, and taking
o No reasonable excuse no action against her – sufficient to establish forgiveness
o Must be for more than one year • Consent – when either of the spouses agreed to or did not object, despite full
§ Time which the offending spouse has been insane cannot be knowledge to the act giving rise to a ground for legal separation before such
included act was in fact committed
o Deemed to have abandoned o May be deduced from the acts of the spouses
§ Left the conjugal dwelling • Connivance
§ Without intention of returning o Volenti non fit injuria – one is not legally injured if he has consented to
§ Left for 3 months & failed to give any information as to his or her the act complained of or was willing that is should occur
whereabouts is prima facie evidence of no intention to return o Doctrine of Unclean Hands – he who has come into equity must come
with clean hands
o A corrupt consenting
ARTICLE 56. THE PETITION FOR LEGAL SEPARATION SHALL BE DENIED ON • Recrimination or equal guilt
ANY OF THE FOLLOWING GROUNDS: o They are in pari delicto – when two persons acted in bad faith, they
1. WHERE THE AGGRIEVED PARTY HAS CONDONED THE OFFENSE OR should be considered as having acted in good faith
ACT COMPLAINED OF; • Collusion – a corrupt agreement
2. WHERE THE AGGRIEVED PARTY HAS CONSENTED TO THE o Must be an agreement between husband and wife looking to the
COMMISSION OF THE OFFENSE OR ACT COMPLAINED OF; procuring of a divorce
3. WHERE THERE IS CONNIVANCE BETWEEN THE PARTIES IN THE o May not be inferred from the mere fact that the guilty party confesses
COMMISSION OF THE OFFENSE OR ACT CONSTITUTING THE to the offense and thus enables the other party to procure evidence
GROUND FOR LEGAL SEPARATION; necessary to prove it
4. WHERE BOTH PARTIES HAVE GIVEN GROUND FOR LEGAL • Prescription – must be filed within five years from the occurrence of the cause
SEPARATION; o The time of discovery is not material
ARTICLE 57. AN ACTION FOR LEGAL SEPARATION SHALL BE FILED WITHIN THE SAME POWERS AND DUTIES AS THOSE OF A GUARDIAN UNDER THE
FIVE YEARS FROM THE TIME OF THE OCCURRENCE OF THE CAUSE RULES OF COURT.
ARTICLE 58. AN ACTION FOR LEGAL SEPARATION SHALL IN NO CASE BE ARTICLE 62. DURING THE PENDENCY OF THE ACTION FOR LEGAL
TRIED BEFORE SIX MONTHS SHALL HAVE ELAPSED SINCE THE FILING OF SEPARATION, THE PROVISIONS OF ARTICLE 49 SHALL LIKEWISE APPLY TO
THE PETITION THE SUPPORT OF THE SPOUSES AND THE CUSTODY AND SUPPORT OF THE
COMMON CHILDREN
ARTICLE 59. NO LEGAL SEPARATION MAY BE DECREED UNLESS THE • Cooling-off period – the court waits six months before setting a hearing for
COURT HAS TAKEN STEPS TOWARD THE RECONCILIATION OF THE the case
SPOUSES AND IS FULLY SATISFIED, DESPITE SUCH EFFORTS, THAT o Can be dispensed with if it involved violence against the woman or the
RECONCILIATION IS HIGHLY IMPROBABLE child
o Unless exempted by law – failure to observe the cooling-off period is a
ground to set aside a decision granting Legal Separation
ARTICLE 60. NO DECREE OF LEGAL SEPARATION SHALL BE BASED UPON o What is prevented is the hearing on the merits alone for legal separation
A STIPULATION OF FACTS OR A CONFESSION OF JUDGMENT. – but any other incidents like the determination of custody and support
may be heard within the period
IN ANY CASE, THE COURT SHALL ORDER THE PROSECUTING ATTORNEY • No Legal Separation may be decreed unless the court has taken steps towards
OR FISCAL ASSIGNED TO IT TO TAKE STEPS TO PREVENT COLLUSION the reconciliation of the spouses and is fully satisfied
BETWEEN THE PARTIES AND TO TAKE CARE THAT THE EVIDENCE IS NOT • Unlike a case of annulment or declaration of nullity – a legal separation decree
will not sever marital ties – just bed and board
FABRICATED OR SUPPRESSED.
• Proof by preponderance of evidence is required for Legal Separation
o It does not exclude any admission or confession made by the defendant
outside of the court
ARTICLE 61. AFTER THE FILING OF THE PETITION FOR LEGAL SEPARATION,
o It merely prohibits a decree of separation upon a confession of judgment
THE SPOUSES SHALL BE ENTITLED TO LIVE SEPARATELY FROM EACH OTHER.
o If the petition is denied, the court cannot compel the parties to live with
each other
THE COURT, IN THE ABSENCE OF A WRITTEN AGREEMENT BETWEEN THE
• Legal effects of Legal Separation – Articles 63 and 64
SPOUSES, SHALL DESIGNATE EITHER OF THEM OR A THIRD PERSON TO
• Management of properties during suit
ADMINISTER THE ABSOLUTE COMMUNITY OR CONJUGAL PARTNERSHIP o In the absence of a written agreement, court shall designate either party
PROPERTY. THE ADMINISTRATOR APPOINTED BY THE COURT SHALL HAVE or a third person to administer the absolute community or conjugal
partnership property
• Death terminates legal separation case – the death of one party to the action • Custody of the children – consider all relevant considerations, especially the
causes the death of the action itself choice of the child over seven years of age – unless the chosen parent is unfit
• No child under seven years shall be separated from the mother unless the court
finds compelling reasons to order otherwise
ARTICLE 63. THE DECREE OF LEGAL SEPARATION SHALL HAVE THE • The offending spouse is disqualified from inheriting from the innocent spouse
FOLLOWING EFFECTS: by intestate succession
1. THE SPOUSES SHALL BE ENTITLED TO LIVE SEPARATELY FROM EACH • Provisions in favor of the offending spouse in any will are revoked by
OTHER, BUT THE MARRIAGE BONDS SHALL NOT BE SEVERED; operation of law
2. THE ABSOLUTE COMMUNITY OR THE CONJUGAL PARTNERSHIP o Law does not provide that such revocation will be rendered ineffectual
SHALL BE DISSOLVED AND LIQUIDATED BUT THE OFFENDING in case there is reconciliation, and the Legal Separation decree is set
SPOUSE SHALL HAVE NO RIGHT TO ANY SHARE OF THE NET aside
PROFITS EARNED BY THE ABSOLUTE COMMUNITY OR THE • Disinheritance in a will, will be rendered ineffectual upon the mutual
CONJUGAL PARTNERSHIP, WHICH SHALL BE FORFEITED IN reconciliation of the spouses (Art 922)
ACCORDANCE WITH THE PROVISIONS OF ARTICLE 43(2);
3. THE CUSTODY OF THE MINOR CHILDREN SHALL BE AWARDED TO
ARTICLE 64. AFTER THE FINALITY OF THE DECREE OF LEGAL SEPARATION,
THE INNOCENT SPOUSE, SUBJECT TO THE PROVISIONS OF ARTICLE
THE INNOCENT SPOUSE MAY REVOKE THE DONATIONS MADE BY HIM OR
213 OF THIS CODE; AND
4. THE OFFENDING SPOUSE SHALL BE DISQUALIFIED FROM BY HER IN FAVOR OF THE OFFENDING SPOUSE, AS WELL AS THE
INHERITING FROM THE INNOCENT SPOUSE BY INTESTATE DESIGNATION OF THE LATTER AS BENEFICIARY IN ANY INSURANCE
SUCCESSION. MOREOVER, PROVISIONS IN FAVOR OF THE POLICY, EVEN IF SUCH DESIGNATION BE STIPULATED AS IRREVOCABLE.
OFFENDING SPOUSE MADE IN THE WILL OF THE INNOCENT THE REVOCATION OF THE DONATIONS SHALL BE RECORDED IN THE
SPOUSE SHALL BE REVOKED BY OPERATION OF LAW. REGISTRIES OF PROPERTY IN THE PLACES WHERE THE PROPERTIES ARE
LOCATED. ALIENATIONS, LIENS AND ENCUMBRANCES REGISTERED IN
• When the decree is issued, the finality of the separation is complete after the GOOD FAITH BEFORE THE RECORDING OF THE COMPLAINT FOR
lapse of the period to appeal the decision to a higher court, even if the effects, REVOCATION IN THE REGISTRIES OF PROPERTY SHALL BE RESPECTED. THE
have not yet been commenced or terminated REVOCATION OF OR CHANGE IN THE DESIGNATION OF THE INSURANCE
• Even if they can legally live apart, a spouse can still be held criminally liable BENEFICIARY SHALL TAKE EFFECT UPON WRITTEN NOTIFICATION THEREOF
for bigamy, concubinage or adultery TO THE INSURED.
• For purposes of computing the net profit – the said profits shall be:
o The increase in value between the market value of the community THE ACTION TO REVOKE THE DONATION UNDER THIS ARTICLE MUST BE
property at the time of the celebration of the marriage BROUGHT WITHIN FIVE YEARS FROM THE TIME THE DECREE OF LEGAL
o And the market value at the time of its dissolution SEPARATION BECOME FINAL.
• Must file an action for revocation within 5 years from the time the Legal ARTICLE 67. THE AGREEMENT TO REVIVE THE FORMER PROPERTY REGIME
Separation decree has become final REFERRED TO IN THE PRECEDING ARTICLE SHALL BE EXECUTED UNDER
• However, if the donation is void, the right to bring an action to declare the OATH AND SHALL SPECIFY:
nullity of the donation does not prescribe 1. THE PROPERTIES TO BE CONTRIBUTED ANEW TO THE RESTORED
• Notification to the insurer is more practical – to guarantee that there will be REGIME;
no way for the insured or the beneficiary to get the proceeds after the policy 2. THOSE TO BE RETAINED AS SEPARATED PROPERTIES OF EACH
has been revoked SPOUSE; AND
• Mistake in the printing of the final version signed as law by the President – 3. THE NAMES OF ALL THEIR KNOWN CREDITORS, THEIR ADDRESSES
the law must be applied as written until amended – should have been AND THE AMOUNTS OWING TO EACH.
notification to the insurer and not the insured
THE AGREEMENT OF REVIVAL AND THE MOTION FOR ITS APPROVAL
SHALL BE FILED WITH THE COURT IN THE SAME PROCEEDING FOR LEGAL
ARTICLE 65. IF THE SPOUSES SHOULD RECONCILE, A CORRESPONDING
SEPARATION, WITH COPIES OF BOTH FURNISHED TO THE CREDITORS
JOINT MANIFESTATION UNDER OATH DULY SIGNED BY THEM SHALL BE
NAMED THEREIN. AFTER DUE HEARING, THE COURT SHALL, IN ITS ORDER,
FILED WITH THE COURT IN THE SAME PROCEEDING FOR LEGAL
TAKE MEASURES TO PROTECT THE INTEREST OF CREDITORS AND SUCH
SEPARATION.
ORDER SHALL BE RECORDED IN THE PROPER REGISTRIES OF PROPERTIES.
THE RECORDING OF THE ORDERING IN THE REGISTRIES OF PROPERTY

ARTICLE 66. THE RECONCILIATION REFERRED TO IN THE PRECEDING
SHALL NOT PREJUDICE ANY CREDITOR NOT LISTED OR NOT NOTIFIED,
ARTICLES SHALL HAVE THE FOLLOWING CONSEQUENCES:
UNLESS THE DEBTOR-SPOUSE HAS SUFFICIENT SEPARATE PROPERTIES TO
1. THE LEGAL SEPARATION PROCEEDINGS, IF STILL PENDING, SHALL
SATISFY THE CREDITOR’S CLAIM.
THEREBY BE TERMINATED AT WHATEVER STAGE; AND
2. THE FINAL DECREE OF LEGAL SEPARATION SHALL BE SET ASIDE,
• Effect of reconciliation
BUT THE SEPARATION OF PROPERTY AND ANY FORFEITURE OF THE o Must file a joint manifestation
SHARE OF THE GUILTY SPOUSE ALREADY EFFECTED SHALL SUBSIST, o Pending – terminated
UNLESS THE SPOUSES AGREE TO REVIVE THEIR FORMER PROPERTY o Decree issued – set aside
REGIME. o The order containing the termination or setting aside shall be recorded
in the proper civil registry
THE COURT’S ORDER CONTAINING THE FOREGOING SHALL BE o Separation of properties will subsist
RECORDED IN THE PROPER CIVIL REGISTRIES. § Reconciling spouses can revive their original property regime
• The original property regime may be revived (3 arguments)
o Art 66 & 67: The adoption of another property regime is not allowed –
any stipulation at any other time other than at the precise moment that
the marriage is celebrated shall be void
o Art. 66(2): should be construed to allow what they do not disallow –
adoption of a different property regime is acceptable - ONLY allowed
for a change to a different property regime other than the ACP or CPG
o Provided there is court approval, the parties can request for any other
different regime
• Inheritance
o Disinherited guilty spouse – any subsequent reconciliation renders
disinheritance ineffectual
o Innocent spouse can reinstitute the provisions in their will to re-include
the guilty spouse
o Law gives them the power to decide which properties are maintained as
separate in any agreement for revival of the property regime
• Recording of the order of revival
o If the order of revival has not at all been recorded – the creditors will
not be prejudiced whether or not they are listen in the order or they have
been notified.
o Those creditors who are not listed in the order or not notified shall not
be prejudiced by the recording of the order
EFFECTS OF THE PETITION FOR DECLARATION OF PRESUMPTIVE DEATH, NULLITY OF MARRIAGE, ANNULMENT, & LEGAL SEPARATION
TERMINATION (ART 41) DECLARATION OF NULLITY (ART 40) ANNULMENT (ART 45) LEGAL SEPARATION (ART 55)
Rendering Judgment on the Petition

Summary proceeding, judgment may be
a) No motion to dismiss shall be allowed except if the ground is lack of jurisdiction.
rendered based on affidavits,
b) The grounds alleged must be proved. No judgment in the pleadings, summary judgment or confession of judgment shall be
documentary evidence or oral
allowed.
testimonies at the sound discretion of the
c) Stipulation of Facts – an admission by both parties made in court agreeing to the existence of the act constituting the ground
court (FC Art 246)
for annulment of for the declaration of nullity.
d) Confession of Judgment – the admission made in court by the respondent admitting fault as invoked by the plaintiff to sever
the marriage ties.
e) In legal separation cases, no decree shall be issues unless the Court has taken steps toward reconciliation of the spouses & is
fully satisfied, despite such efforts, that reconciliation is highly improbable (FC Art 59)
Procedural Requirements After Judgment, Before Issuance of Decree

Summary proceeding judgment may be
1. Liquidation, partition, delivery of properties, including custody & support of common children unless such matters had been
rendered based on documentary evidence
adjudicated in previous judicial proceedings
or oral testimonies at the sound discretion
2. Delivery of children’s presumptive legitimes
of the court (FC Art 246)
3. Registration of the entry of judgment granting the petition in the Civil Registry where the marriage was celebrated & in the
civil registry of the place where the Family Court is located
4. Registration of approved partition & distribution of properties in the Registry of Deeds where the real properties are located
Marital Status
No dissolution of marriage, only
Subsequent marriage automatically
Previous marriage void ab initio Valid until annulled or terminated separation of bed-&-board; entitled to
terminated by affidavit of reappearance
live separately
Status of Children Born/Conceived Before Termination
Illegitimate except those as provided in
Legitimate Legitimate Legitimate
Art 36 & 53
Custody of Children
Custody in case of dispute shall be During pendency:
decided by the court in separate 1. Written agreement
proceeding for custody but same 2. Absence thereof, the court decides based on best interest of the child & may award it in the following order of preference:
considerations as in Declaration of a. Both parents jointly
Nullity b. Either parent may consider choice of child over 7 years unless parent chosen is unfit
c. Surviving grandparent, if several then choice of child over 7 years unless grandparent chosen is unfit/disqualified
d. Elder brother/sister over 21 unless unfit/disqualified
e. Any other person deemed suitable by court
After decree:
To the innocent spouse, but no child under 7 shall be separated from the mother unless there are compelling reasons
Note: The matter of custody is not permanent & unalterable. If the parent who was given custody suffers a future character change & becomes unfit, the matter of custody can
always be re-examined & adjusted. To be sure the welfare, the best interest, the benefit, & the good of the child must be determined as of the time that either parent is chosen
to be the custodian
Child Support
Support in case of dispute shall be During pendency:
decided by the court in a separate 1. Written agreement
proceeding for custody but with the same 2. In the absence thereof, from properties of the absolute community of property (ACP) or conjugal partnership (CP)
considerations as in Declaration of
Nullity After decree:
Either parent/both may be ordered by court to give an amount necessary for support in proportion to resources/means of the giver
& necessities of the recipient
Spousal Support
Spousal support during the pendency of During pendency:
action (FC Art 49) 1. Written agreement
2. In the absence thereof, from properties of the absolute community of property (ACP) or conjugal partnership (CP), considered
as advance to be deducted from share during liquidation
3. Restitution if after final judgment court finds that person providing support pendente lite is not liable thereof (ROC Rule 61
Sec 7)
Property Relations
1. ACP or CP shall be dissolved & 1. ACP or CP shall be dissolved & 1. ACP or CP shall be dissolved & 1. ACP or CP shall be dissolved &
liquidated liquidated liquidated liquidated
2. If either spouse contracted marriage in 2. If either spouse contracted marriage in 2. If either spouse contracted marriage in 2. Offending spouse has no right to any
bad faith, he or she has no right to any bad faith, he or she has no right to any bad faith, he or she has no right to any share of net profits earned by ACP or
share of the net profits earned by ACP share of the net profits earned by ACP share of the net profits earned by ACP CP
or CP or CP or CP 3. Net profits shall be forfeited in favor of
3. Net profits shall be forfeited in favor of 3. Net profits shall be forfeited in favor of 3. Net profits shall be forfeited in favor of common children, or if none, children
common children, or if none, children common children, or if none, children common children, or if none, children of guilty spouse by previous marriage or
of guilty spouse by previous marriage of guilty spouse by previous marriage of guilty spouse by previous marriage or in default thereof the innocent spouse
or in default thereof the innocent or in default thereof the innocent spouse in default thereof the innocent spouse
spouse
In all other cases of void marriages, Art
147 & 148 applies.
In addition, for marriages under Art 40 &

45:
1. All creditors of spouses & of the ACP
or CP shall be notified of the
proceedings for liquidation
2. Conjugal dwelling & lot on which it is
situated shall be adjudicated pursuant to
Art 102 & 129
Donation Propter Nuptias
1. Shall remain valid, unless donee 1. Shall remain valid, unless donee 1. Shall remain valid, unless donee 1. Donor is given option to revoke, if
contracted marriage in bad faith, in contracted marriage in bad faith, in contracted marriage in bad faith, in donor decides to revoke, must do so
which case, donation is revoked by which case, donation is revoked by which case, donation is revoked by within 5 years from finality of decree
operation of law operation of law operation of law 2. But if ground for legal separation is
2. If both spouses of subsequent marriage 2. If both spouses of subsequent marriage 2. No conflict with Art 86 par 2 as such sexual infidelity (adultery or
acted in bad faith, donations propter acted in bad faith, donations propter does not require that marriage be concubinage), donation between
nuptias made by one in favor of the nuptias made by one in favor of the annulled first before donor may revoke persons guilty thereof at time of
donation – donor has 5 years from the donation is void (CC Art 739 par 1)
other are revoked by operation of law other are revoked by operation of law time he had knowledge of lack of
(FC Art 44) (FC Art 44) consent; cannot revoked if there was
3. If both spouses in good faith, donor knowledge before the marriage
after finality of decree may revoke 3. Conflict with Art 86 par 3 but Art 43
pursuant to Art 86 (1) par 3 prevails = more in harmony with
4. If marriage not celebrated: general purpose/intent of act
a. Those stipulated in marriage
settlement are vid (FC Art 81)
b. Those excluded from marriage
settlement for if no such contracted
may be revoked by donor (FC Art 86
(1))
Insurance Policy
Innocent spouse may revoke donations
made by him or her in favor of offending
spouse as well as designation of latter as
Innocent spouse may revoke the designation of the other spouse who acted in bad faith as beneficiary even if the designation is beneficiary even if stipulated as
stipulated as irrevocable (FC Art 43 par 4) irrevocable (FC Art 64).
Action must be brought within 5 years

from finality of decree
Succession
1. Offending spouse disqualified from
inheriting from innocent spouse by
1. Spouse in bad faith disqualified to inherit from innocent spouse by testate or intestate succession intestate succession
2. If both spouses of subsequent marriage acted in bad faith, testamentary dispositions made by one in favor of the other are 2. Provisions in favor of offending spouse
revoked by operation of law (FC Art 43) made in the will of innocent spouse are
revoked by operation of law (FC Art 63
par 4)
ARTICLE 68. THE HUSBAND AND WIFE ARE OBLIGED TO LIVE TOGETHER, o Implied consent rationale – prior to RPC, there was disagreement W/N
OBSERVE MUTUAL LOVE, RESPECT AND FIDELITY, AND RENDER MUTUAL a husband can actually rape his wife; when the husband & wife are
HELP AND SUPPORT married, a wife consents to sex with her husband which she cannot
• Duties & Obligations retract
o When people are “forced” to stay together, they learn to soften by o Now, that a husband can rape his wife is a universal & absolute rule
mutual accommodation that yoke which they cannot shake off
o Procreation is an essential marital obligation
o No compulsion can be forced by courts (living together, observe mutual ARTICLE 69. THE HUSBAND AND WIFE SHALL FIX THE FAMILY DOMICILE.
love, assistance with domestic matters like housekeeping, & fidelity) IN CASE OF DISAGREEMENT, THE COURT SHALL DECIDE.
§ EXCEPT SUPPORT
• Damages THE COURT MAY EXEMPT ONE SPOUSE FROM LIVING WITH THE OTHER IF
o Generally, the husband & wife cannot sue one another for damages for THE LATTER SHOULD LIVE ABROAD OR THERE ARE OTHER VALID AND
mere breach of marital obligation, as the property is shared COMPELLING REASONS FOR THE EXEMPTION. HOWEVER, SUCH
§ Ex. A wife cannot seek damages from her husband for filing a EXEMPTION SHALL NOT APPLY IF THE SAME IS NOT COMPATIBLE WITH THE
baseless petition for JDNOM, leading to mental anguish on her SOLIDARITY OF THE FAMILY
part. • Domicile
o BUT if (1) a spouse in bad faith refuses to comply with the above o For civil rights & obligations, the domicile of natural persons is the
obligations & (2) their regime is separation of property, he may be held place of their habitual residence (Art. 50, CC)
liable under Art. 19, 20 & 21 of CC (abuse of right doctrine). o Spouses can have many residences, but only 1 domicile
§ Desertion & securing an invalid divorce entitles the other spouse § Permanent residence
to recover damages & attorney’s fees § With intention of always returning even if they have left it for
§ Any person who likewise deprives a spouse of the consortium or some time
service of the other spouse can be held liable for damages, but this o A minor always follows the domicile of his or her parents
must be FULLY PROVEN o Summary proceeding in accordance with Art. 253, in case of
• Rape & Marriage disagreement
o Rape – committed by a man who shall have carnal knowledge of a o Examples of valid reasons for living separately:
woman through force, threat or intimidation; when woman is deprived § Work in a far place
of reason or unconscious; by means of fraudulent machinations or grave
abuse of authority; oral sex or anal sex by force; etc.
o In Philippines, the husband can be held liable for rape of his wife. ARTICLE 70. THE SPOUSES ARE JOINTLY RESPONSIBLE FOR THE SUPPORT
However, if the wife forgives him, it shall extinguish criminal action or OF THE FAMILY. THE EXPENSES FOR SUCH SUPPORT AND OTHER
penalty, UNLESS the marriage was void ab initio.
CONJUGAL OBLIGATIONS SHALL BE PAID FROM THE COMMUNITY
PROPERTY AND, IN THE ABSENCE THEREOF, FROM THE INCOME OR FRUITS
OF THEIR SEPARATE PROPERTIES. IN CASE OF INSUFFICIENCY OR § Petitioning court for receivership
ABSENCE OF SAID INCOME OR FRUITS, SUCH OBLIGATIONS SHALL BE § Judicial separation of property
SATISFIED FROM THE SEPARATE PROPERTIES § Authority to be sole administrator of the ACP or CPG subject to
conditions as the courts may impose
ARTICLE 71. THE MANAGEMENT OF THE HOUSEHOLD SHALL BE THE RIGHT

AND THE DUTY OF BOTH SPOUSES. THE EXPENSES FOR SUCH ARTICLE 73. EITHER SPOUSE MAY EXERCISE ANY LEGITIMATE
MANAGEMENT SHALL BE PAID IN ACCORDANCE WITH THE PROVISIONS PROFESSION, OCCUPATION, BUSINESS OR ACTIVITY WITHOUT THE
OF ARTICLE 70 CONSENT OF THE OTHER. THE LATTER MAY OBJECT ONLY ON VALID,
SERIOUS, AND MORAL GROUNDS.
ARTICLE 72. WHEN ONE OF THE SPOUSES NEGLECTS HIS OR HER DUTIES IN CASE OF DISAGREEMENT, THE COURT SHALL DECIDE WHETHER OR
TO THE CONJUGAL UNION OR COMMITS ACTS WHICH TEND TO BRING NOT:
DANGER, DISHONOR OR INJURY TO THE OTHER OR TO THE FAMILY, THE 1. THE OBJECTION IS PROPER; AND
AGGRIEVED PARTY MAY APPLY TO THE COURT FOR RELIEF 2. BENEFIT HAS OCCURRED TO THE FAMILY PRIOR TO THE
• Spouses are jointly liable for support OBJECTION OR THEREAFTER. IF THE BENEFIT ACCRUED PRIOR TO
o Even during proceedings of annulment or nullity, the ACP or CPG is THE OBJECTION, THE RESULTING OBLIGATION SHALL BE
what provides support for the spouses & their children ENFORCED AGAINST THE SEPARATE PROPERTY OF THE SPOUSE
o Parents & those with parental authority shall have the duty to support WHO HAS NOT OBTAINED CONSENT.
their unemancipated kids or wards
• If the ACP or CPG cannot cover expenses for support & household THE FOREGOING PROVISIONS SHALL NOT PREJUDICE THE RIGHTS OF
management, the fruits or income of the separate properties of the husband & CREDITORS WHO ACTED IN GOOD FAITH.
wife will be liable
o If even the fruits or income of the separate properties are not enough, • Legitimate Profession
the spouses shall be solidarily liable for the unpaid balance with their o The spouses need no prior consent of the other to engage in any
separate properties legitimate profession, occupation, business or activity.
• This is true even in a regime of CSOP; if the family has liabilities to creditors o The husband violates R.A. 9262 (VAWC Law) when he compels his
for family expenses, the spouses are solidarily liable wife to desist from pursuing a profession, or otherwise controlling or
• Management & Relief restricting her movement, and can be punished by law
o Even if the family house is separately owned by 1 of the parties, the o Generally, the spouse’s exercise of a legitimate profession, occupation,
other spouse still has the right & duty to manage the household business or activity is considered to have redounded to the benefit of
o Neglect of duty can lead to relief in courts
§ Nullity, annulment, legal separation
the family, making the conjugal partnership or absolute community § For the rules to apply, other spouse must have no knowledge of
liable the immoral profession. If he knew already, it would be implied
o BUT when a spouse makes an isolated transaction, such as being a consent & ACP or CPG will be liable.
guarantor for a 3rd person’s debt, it is not considered to redound to the • BEFORE the innocent spouse knew of the objection &
benefit of the family, & does not hold community property liable voiced his dissent – the obligation is enforced against the
§ UNLESS proofs exist which show the direct benefit accrued by ACP or CPG
the family • AFTER the innocent spouse finds out & objection is voiced
o Disagreement regarding a profession, business or activity must be – the obligation is enforced against the separate property of
anchored only on VALID, SERIOUS, MORAL GROUNDS to be the erring spouse; this is true EVEN IF benefits accrue to
valid. the family
§ If there is a disagreement, the court shall decide in a summary o In effect, this penalizes the erring spouse
proceeding • NO estoppel even if husband uses the immoral money, as
• If court finds it objectionable, profession can be validly long as he makes an authentic objection later on, because
stopped estoppel cannot sanction immorality
§ Hence: The husband cannot object to the wife being a lawyer § Sample scenario: X, without the knowledge of her husband, Y,
§ BUT: The wife can object to husband running an escort service or was a prostitute. To be able to buy a plane ticket to go to Japan &
prostitution ring (not necessarily illegal; as long as it is valid, see a regular customer, X borrowed money from her creditor-
serious & moral) friend, Z. Z knew of the wife’s plans. Upon returning home, X
• Separate Property Liability gave the income to Y, & Y used the money to buy food for the
o In case of disagreement, the court can also decide whether or not benefit family without knowing that X was actually engaging in
has accrued to the family prostitution, an immoral profession.
o GENERAL RULE: Debts & obligations, regardless of the time they • Before Y founds out, Z would have been able to seek
were incurred (whether before or after the marriage ceremony), payment of the debt owed by X from Y, since the ACP or
redounding to the benefit of the family, shall be chargeable to the CPG CPG is liable for the expense.
or ACP & not to the separate property of the spouse who incurred the • When Y finds out & objects to X’s profession, the
obligation. knowledgeable creditor-friend, Z, can no longer go to Y to
§ This rule applies to obligations incurred for family businesses or seek payment of debt, because Y has objected.
from legitimate professions & activities that redound to the § BUT NOTE: When creditor is in good faith & does not know
benefit of the family about the immoral profession, he can seek payment from the ACP
o EXCEPTIONS: or CPG regardless of the objection of the husband & can demand
§ When the profession is seriously invalid or immoral, & the spouse from the husband the payment of the obligation.
has already objected
• In the example, if Z just thought that X was going to Japan ARTICLE 76. IN ORDER THAT ANY MODIFICATION IN THE MARRIAGE
as a tourist, Z can get the refund. It is only when the creditor SETTLEMENTS MAY BE VALID, IT MUST BE MADE BEFORE THE CELEBRATION
is in bad faith that the spouse’s objection is relevant. OF THE MARRIAGE, SUBJECT TO THE PROVISIONS OF ARTICLES 66, 67,
§ Another example: The prostitute wife, issued a post-dated check 128, 135 AND 136
funded by advances (i.e., money for future prostitution activities)
from her pimp to pay a conjugal debt in favor of a Philippine ARTICLE 77. THE MARRIAGE SETTLEMENTS AND ANY MODIFICATION
creditor. THEREOF SHALL BE IN WRITING, SIGNED BY THE PARTIES AND EXECUTED
• If the check was cleared for payment after the husband BEFORE THE CELEBRATION OF THE MARRIAGE.
objects, the loan of the Philippine creditor is chargeable
THEY SHALL NOT PREJUDICE THIRD PERSONS UNLESS THEY ARE
only to the wife’s separate property, even if the whole
REGISTERED IN THE LOCAL CIVIL REGISTRY WHERE THE MARRIAGE
family benefited.
CONTRACT IS RECORDED AS WELL AS IN THE PROPER REGISTRIES OF
• But if the Philippine creditor had no idea that the money
PROPERTIES
was to be used to fund prostitution activities, he can collect
from the ACP or CPG.
• Kinds of property regimes
o ACP – default after FC
o CPG – default before FC
ARTICLE 74. THE PROPERTY RELATIONSHIP BETWEEN HUSBAND AND WIFE
• Change in form of exclusive property = the property then becomes that of
SHALL BE GOVERNED IN THE FOLLOWING ORDER:
ACP
1. BY MARRIAGE SETTLEMENTS EXECUTED BEFORE THE MARRIAGE;
• Community property is used in paying debt
2. BY THE PROVISIONS OF THIS CODE; AND
• Encumbrance – charge cannot be passed on to donee
3. BY THE LOCAL CUSTOM
• Property Relations & Pre-Nuptial Agreements
o NON-NEGOTIABLES:
§ Marriage settlement must be signed before the marriage
ARTICLE 75. THE FUTURE SPOUSES MAY, IN THE MARRIAGE SETTLEMENTS,
§ Marriage settlement must be in writing
AGREE UPON THE REGIME OF ABSOLUTE COMMUNITY, CONJUGAL
• Oral settlement is void & not ratifiable by any claim of
PARTNERSHIP OF GAINS, COMPLETE SEPARATION OF PROPERTY, OR ANY partial execution or absent of objection
OTHER REGIME. IN THE ABSENCE OF A MARRIAGE SETTLEMENT, OR WHEN o When is the property regime of your marriage not your choice?
THE REGIME AGREED UPON IS VOID, THE SYSTEM OF ABSOLUTE § Art. 43 – When a present spouse marries a subsequent spouse
COMMUNITY OF PROPERTY AS ESTABLISHED IN THIS CODE SHALL after obtaining a JPDP for absentee spouse but fails to perform the
GOVERN liquidation, distribution, partition, & delivery, the subsequent
marriage is valid, but the property regime of the subsequent
marriage will automatically become complete separation of
property
§ Note that this is the exception to the general rule that the ante- • Prejudice to 3rd Parties
nuptial agreement must be in writing or else ACP will govern o Settlement & modifications must be recorded in LCR (of marriage
o RULES in marriages: contract) & registries of property
§ H & W can’t sell property to each other, except when there is a o Example: A & B, prior to their marriage, execute a valid marriage
separation or property in their settlement of a JSOP (judicial settlement. Two of three properties of B in Q.C., San Juan & Makati,
separation of property) shall be excluded from the settlement. Only the Makati one will be
§ No right of accretion in cases of donation made to several persons included.
is not applicable to a donation jointly made to H & W; between H § Had there been no agreement, A & B would own everything as
& W, there will be right of accretion, unless donor expressly ACP
provides the contrary. § Prior to marriage, B borrowed money from Y. B used the loan
o Spouses may agree on anything allowed by law, even if partition is not personally, & it did not benefit the family of A & B. When debt
equal became due, B defaulted. After obtaining a favorable court
§ May refer to present or future property or both judgment, can Y, 3rd party creditor, execute on the Makati
§ May be total or partial (e.g. a property not agreed upon as separate property now co-owned by A & B?
shall automatically be absolute community) • IF marriage settlement is properly registered, NO. Property
§ BUT parties cannot stipulate: is now part of ACP, even if before it was owned separately
• That the CPG/ACP will start at any time before or after the by B, especially since there is still the property in Q.C. &
marriage is celebrated because such agreement is void San Juan. The Makati property can only be made liable for
under Art. 88 & 107. COMMUNITY DEBTS now.
• No substantial donations to each other during their • IF marriage settlement is NOT registered, Y can execute
marriage under Art. 87. on the community property in Makati. Then, B has to pay
• JDPD/1st marriage terminated by death – subsequent the community property for the payment of his obligation
marriages can only be complete separation of property if to Y; can be made at the time of liquidation of ACP,
there is no liquidation wherein the cost of the debt will be deducted from B’s
• Parties cannot vary marital personal rights & duties that share. This is true EVEN IF B had other properties that
arise on marriage by operation of law. could be used to pay the debt.
• Agreement cannot divest the children of the parties of legal • IF B’s debt to Y redounded to the benefit of the family,
rights. ACP is Liable.
o No marriage settlement = ACP o If there is no marriage settlement, ACP automatically governs & there
o There can also be a Mixed-Up Property Regime combining multiple is nothing to register. The effects on the 3rd party creditor X with a
types. mortgaged property for a debt owed by B, who subsequently marries A,
are as follows:
§ IF the mortgage is registered, X will not be prejudiced, as B will o Spouses must sign freely, intelligently & voluntarily
be bound to said mortgage. o Burden of proof of invalidity is on the spouse who alleges it
§ IF the mortgage is NOT registered, B shall not be bound by the § BUT: If on its face, the contract is unenforceable, a presumption
mortgage, but he will lose his right to make use of the period (Art. of concealment arises, the burden shifts & it is incumbent upon
1198, CC: The debtor shall lose every right to make use of a the other party to prove validity
period when, by his own actions, he has impaired the security • Modifications
given after its establishment, unless he immediately gives new o General rule: must be made before the celebration of the marriage, in
ones equally satisfactory) writing & signed by the parties; otherwise, the property regime is ACP
• B can ask A to make use of the collateral already o Modifications made after marriage NEED judicial approval & should
established. only refer to instances provided in Art. 66, 67, 128, 135 & 136 of FC:
• B can also give equally satisfactory securities. § A revival of former property regime between reconciling spouses
• In case A says no to both, X can file an action to collect the § In case of abandonment or failure to comply with marital
amount of indebtedness. obligations
o If X, despite judgment in his favor, cannot satisfy § Aggrieved spouse can appeal to court & get a judicial separation
the debt because B no longer has exclusive property, of property
X can obtain payment under 94(9). § Spouses can do a voluntary & verified petition to modify their
o If X proves that B has no more separate property, he property regime into a separate community
can use ACP to pay, & B’s debt will simply be § Otherwise, modification is not valid.
deducted from share of ACP if ACP is liquidated • CANNOT be affected by mere execution of contract or
o If debt redounded to the benefit of the family, X can agreement between the two parties
execute immediately on the mortgaged property. • EVEN if it’s related to debts
§ If property is registered in the proper registry & has the o Exception to the general rule that ACP will govern if no antenuptial
corresponding valid TCT, a 3rd party can rely on the annotations. agreement is executed: If a marriage is terminated by the death of a
If a married man caused the description “single” & through spouse & the living spouse marries again without a judicial or
continuous representation of singlehood, sells the property to an extrajudicial settlement from the first marriage within one year from the
innocent purchaser for value & there are no other indicators for death of the first spouse; in that case, the mandatory regime of CSOP
said purchaser to be suspicious, transaction can’t be annulled. will govern.
• Fairness in Marriage Settlement • Local Customs
o In weighing fairness of provisions, case-to-case basis weighing all o Custom – a rule of conduct formed by repetition of acts uniformly
important factors observed as a social rule, legally binding & obligatory
o If settlement is unfair, it can still be upheld if it is shown that the o A custom must be proved as fact, according to rules of evidence (CC)
disadvantaged spouse signed it understanding that her rights were o Local custom will apply when
waived § Parties expressly state that it applies, or
§ If parties stipulate in their settlement that they do not want ACP § Art. 40, RPC: Death sentence, when not executed, leads to civil
only, without stating otherwise what regime governs interdiction for 30 years.
o IF marriage settlement says NO to ACP & local custom without stating o Under Art. 79, in case a person upon whom a sentence of civil
a property regime, the provision will be void. ACP will then apply interdiction has been pronounced or who is subject to any other
anyway. disability, the court must appoint him a guardian to be a party in the
written marriage settlement.
ARTICLE 78. A MINOR WHO ACCORDING TO LAW MAY CONTRACT

MARRIAGE MAY ALSO EXECUTE HIS OR HER MARRIAGE SETTLEMENTS, ARTICLE 80. IN THE ABSENCE OF A CONTRARY STIPULATION IN A
BUT THEY SHALL BE VALID ONLY IF THE PERSONS DESIGNATED IN ARTICLE MARRIAGE SETTLEMENT, THE PROPERTY RELATIONS OF THE SPOUSES
14 TO GIVE CONSENT TO THE MARRIAGE ARE MADE PARTIES TO THE SHALL BE GOVERNED BY PHILIPPINE LAWS, REGARDLESS OF THE PLACE
AGREEMENT, SUBJECT TO THE PROVISIONS OF TITLE IX OF THIS CODE – OF THE CELEBRATION OF THE MARRIAGE AND THEIR RESIDENCE.
AMENDED! MINOR CANNOT MARRY
THIS RULE SHALL NOT APPLY:
1. WHERE BOTH SPOUSES ARE ALIENS;
ARTICLE 79. FOR THE VALIDITY OF ANY MARRIAGE SETTLEMENT EXECUTED 2. WITH RESPECT TO THE EXTRINSIC VALIDITY OF CONTRACTS
BY A PERSON UPON WHOM A SENTENCE OF CIVIL INTERDICTION HAS AFFECTING PROPERTY NOT SITUATED IN THE PHILIPPINES AND
BEEN PRONOUNCED OR WHO IS SUBJECT TO ANY OTHER DISABILITY, IT EXECUTED IN THE COUNTRY WHERE THE PROPERTY IS LOCATED;
SHALL BE INDISPENSABLE FOR THE GUARDIAN APPOINTED BY A AND
COMPETENT COURT TO BE MADE A PARTY THERETO. 3. WITH RESPECT TO THE EXTRINSIC VALIDITY OF CONTRACTS
ENTERED INTO IN THE PHILIPPINES BUT AFFECTING PROPERTY
• Consent by those Designated by Law SITUATED IN A FOREIGN COUNTRY WHOSE LAWS REQUIRE
o Applicability of Art. 78 is now in doubt as legal age & marrying age is DIFFERENT FORMALITIES FOR ITS EXTRINSIC VALIDITY.
now 18 (Dec. 18, 1989, RA 6809)
o An 18 year old, at present, can execute a marriage settlement without • Art. 80 (1) – does not apply if both spouses are aliens married in the
consent. Philippines
o Civil interdiction (Art. 34, RPC) – deprives offender during his time of • Art. 80 (2) – lot is abroad & instrument is executed where lot is located
sentence of the rights of parental authority, guardianship, marital • Art. 80 (3) – lot is abroad but the instrument is executed in the Philippines
authority, of the right to manage his property & the right to dispose of • Rules Governing Property Relations
such property by any act. o If parties are Filipinos, their property relations will be governed by
§ Art. 31: Reclusion temporal & reclusion perpetua lead to civil Philippine laws in the absence of any agreement to the contrary
interdiction for life, even if pardoned as to the principal penalty,
unless the same shall have been expressly remitted
o Art. 16, CC – Real & personal property will always be subject to the o If some provisions in a marriage settlement are invalid, but do not affect
law of the country where it is situated the rest of the provisions, only the invalid ones will be ineffectual. The
o Property which is abroad will not be governed by Philippine laws provisions of a marriage settlement are thus separable.
§ The extrinsic validity of a contract involving properties abroad
will not be governed by Philippine laws, whether the contract is
executed here or abroad. If the contract is executed in the ARTICLE 82. DONATIONS BY REASON OF MARRIAGE ARE THOSE WHICH
Philippines, the laws of the country where the property is located ARE MADE BEFORE ITS CELEBRATION, IN CONSIDERATION OF THE SAME,
would govern the extrinsic validity of the contract. AND IN FAVOR OF ONE OR BOTH OF THE FUTURE SPOUSES
• Art. 80, 1st par. does not apply if both spouses are aliens married in the
Philippines.
ARTICLE 83. THESE DONATIONS ARE GOVERNED BY THE RULES ON
ORDINARY DONATIONS ESTABLISHED IN TITLE III OF BOOK III OF THE CIVIL
ARTICLE 81. EVERYTHING STIPULATED IN THE SETTLEMENTS OR CODE, INSOFAR AS THEY ARE NOT MODIFIED BY THE FOLLOWING
CONTRACTS REFERRED TO IN THE PRECEDING ARTICLES IN ARTICLES
CONSIDERATION OF A FUTURE MARRIAGE, INCLUDING DONATIONS
BETWEEN THE PROSPECTIVE SPOUSES MADE THEREIN, SHALL BE
RENDERED VOID IF THE MARRIAGE DOES NOT TAKE PLACE. HOWEVER, ARTICLE 84. IF THE FUTURE SPOUSES AGREE UPON A REGIME OTHER THAN
STIPULATIONS THAT DO NOT DEPEND UPON THE CELEBRATION OF THE THE ABSOLUTE COMMUNITY OF PROPERTY, THEY CANNOT DONATE TO
MARRIAGES SHALL BE VALID. EACH OTHER IN THEIR MARRIAGE SETTLEMENTS MORE THAN ONE-FIFTH
• BASIC RULE: Donation propter nuptials within marriage settlements shall OF THEIR PRESENT PROPERTY. ANY EXCESS SHALL BE CONSIDERED VOID.
be rendered void if marriage does not happen.
o Void marriages have no prescriptive periods. DONATIONS OF FUTURE PROPERTY SHALL BE GOVERNED BY THE
o INCLUDES a scenario where the in-laws also put their donations to the PROVISIONS ON TESTAMENTARY SUCCESSION AND THE FORMALITIES OF
couple in the marriage settlement.
WILLS.
• Efficacy of the Marriage Settlement
o Consideration of the marriage settlement is the marriage itself.
• Donation Propter Nuptias
o General Rule: If marriage does not take place, the marriage settlement
o Need not be in the marriage settlement
is generally rendered void.
o Without onerous condition, as marriage is the motive for the donation
§ EXCEPTION: stipulations that do not depend upon the
o Remain subject to reduction for inofficiousness upon the donor’s death,
celebration of the marriage shall be valid
If they should infringe on the legitime of a forced heir
• Ex. Support of common child (whether legitimate or o MUST be made
illegitimate) of the contracting parties who decide not to § Prior to the celebration of the marriage
get married
§ In consideration of the same § If acceptance is in a separate instrument, donor should be
§ In favor of one of the contracting parties or both notified in an authentic form; this step shall be noted in
o IF the donation has stipulations, like: both instruments
§ Marriage has to be childless • Donation Propter Nuptias (PN) of Future Property
§ One of the spouses has to die before the donation operates o Shall be governed by provisions on testamentary succession &
§ Donation was in favor not of the wife but of the parents who raised formalities of a will
her o Document containing future donation may be handwritten
§ CANNOT be regarded as one made in consideration of marriage § BUT if it is handwritten, it MUST be entirely handwritten, dated
o NOT donations by reason of marriage: & signed by donor
§ Made in favor of the spouses after the celebration of marriage o If not handwritten, it must be subscribed at the end thereof by the donor
§ Executed in favor of the future spouses but not in consideration of himself or the donor’s name written by some other person in his
marriage presence, & by his express direction, & attested & subscribed by 3 or
§ Granted to persons other than the spouses even though they may more credible witnesses in the presence of the donor & of one another.
be founded on the marriage § Every will must be acknowledged before a notary public by
• Donation of Present Property the donor & the witnesses
o MOVABLE PROPERTY donations: • Donation between Future Spouses
§ May be oral or written o If ACP = donation PN is useless
§ If oral, document representing the thing or the thing itself § Requisites for valid donation PN:
must be delivered simultaneously § Valid marriage settlement
§ If the value of the thing is more than 5,000 pesos, the § Marriage settlement stipulates a property regime that is not
donation & acceptance shall be in writing. Otherwise, ACP
donation shall be void. § Donation contained in the settlement is not more than 1/5
§ Donee must accept the donation personally or through an of the present property of the donor
authorized person with a special power for the purpose, or with a § Donation must be accepted by would-be spouse
general or sufficient power § Must comply with requisites in Title III Book III of the CC
§ Acceptance during lifetime of donor & done o If the parties never executed a marriage settlement, making a donation
o IMMOVABLE PROPERTY donations: PN would be useless, as marriage will be governed by ACP by default
§ Must be made in a public document o If there is a marriage settlement, but the donation PN is not in the
§ Specify the property to be donated settlement
§ The value of the charges which the donee must satisfy § The not more than 1/5 rule will not apply
§ Acceptance may be made in the same deed of donation or in a § More freedom to give more, as Title III of Book III of CC will
separate public document dictate
§ Must take effect during lifetime of donor § Donation may comprehend all present party of the donor
§ PROVIDED: LESS THAN THE TOTAL AMOUNT OF THE OBLIGATION SECURED, THE
o He reserves sufficient means to support himself & DONEE SHALL NOT BE LIABLE FOR THE DEFICIENCY. IF THE PROPERTY IS
all relatives who, by law, are entitled to support from SOLD FOR MORE THAN THE TOTAL AMOUNT OF SAID OBLIGATION, THE
the donor DONEE SHALL BE ENTITLED TO THE EXCESS.
§ NO PERSON MAY GIVE OR RECEIVE, BY WAY OF • Ordinarily, when you buy a property with an annotation, you take over the
DONATION, MORE THAN HE MAY GIVE OR burden of those annotations.
RECEIVE BY WILL. Otherwise, the donation is
• But in Art. 85, as donation is gratuitous, donee will not be held liable for any
inofficious.
liens recorded, & is entitled to any excess
o Ex. If A gave a donation PN to Z in the amount of P
• Donation with Encumbrance
60,000, but his entire estate is P100,000, A’s only
o Donee’s rights are subject to encumbrance
son, G, is prejudiced as it extends on his compulsory
o Donee cannot seek reimbursement from the donor for the donation that
legitime
was foreclosed; at most, donee is entitled to any excess that wasn’t used
§ Only son gets ½ of A’s estate supposedly
to pay the encumbrance
(P50,000)
§ The other P50,000 is the free portion A can
give to anyone. This is the only amount he
can give to Z.
ARTICLE 86. A DONATION BY REASON OF MARRIAGE MAY BE REVOKED
§ Donation given by A to Z is inofficious; Z
BY THE DONOR IN THE FOLLOWING CASES:
should give back P10,000 he got from A
o It can be argued that not applying the 1/5 rule messes 1. IF THE MARRIAGE IS NOT CELEBRATED OR JUDICIALLY DECLARED
with the spirit of the law (Art. 87) VOID AB INITIO EXCEPT DONATIONS MADE IN THE MARRIAGE
§ Donation is an act of pure liberality & is not SETTLEMENTS, WHICH SHALL BE GOVERNED BY ARTICLE 81;
negotiated 2. WHEN THE MARRIAGE TAKES PLACE WITHOUT THE CONSENT OF
§ Donations are not part of the property THE PARENTS OR GUARDIAN, AS REQUIRED BY LAW;
settlement 3. WHEN THE MARRIAGE IS ANNULLED, AND THE DONEE ACTED IN
§ 1/5 rule applies in a settlement because there BAD FAITH;
are negotiations; but when it’s outside of the 4. UPON LEGAL SEPARATION, THE DONEE BEING THE GUILTY
settlement, it’s just an act of liberality SPOUSE;
5. IF IT IS WITH A RESOLUTORY CONDITION AND THE CONDITION IS
COMPLIED WITH;
ARTICLE 85. DONATIONS BY REASON OF MARRIAGE OF PROPERTY 6. WHEN THE DONEE HAS COMMITTED AN ACT OF INGRATITUDE AS
SUBJECT TO ENCUMBRANCES SHALL BE VALID. IN CASE OF SPECIFIED BY THE PROVISIONS OF THE CIVIL CODE ON
FORECLOSURE OF THE ENCUMBRANCE AND THE PROPERTY IS SOLD FOR DONATIONS IN GENERAL.
• General Rule his marriage with C. Before the wedding, B gave
o In all cases except in the case of void marriages, if the donee is NOT A a donation PN. Upon finality of the JDNOM
in bad faith, the donation CANNOT be revoked between A & B, the donation shall be revoked by
o “Void donations” & “donations revoked by operation of law” are the operation of law pursuant to Art. 50, which
same provides that Art. 43 (3) shall also apply in
• Marriage Not Celebrated proper cases where marriages are declared void
o If the donation PN is not in the marriage settlement: When the under Art. 40.
marriage is not celebrated, donor has the option to revoke or maintain • If the donee does not want to return the donated
the donation property, the donor should file an action to recover the
§ Prescriptive period: 5 years from the moment the marriage is thing donated & his right of action starts from the
not solemnized on the fixed date finality of the JDNOM.
o If the donation PN is in the marriage settlement: The donation is void. o If it is movable property, prescription period is 8
§ Prescriptive period: Action does not prescribe. years.
o If the donation is not by reason of marriage, donation is still valid. o If it is immovable, prescription period is 30
years.
• Marriage Judicially Declared Void § Bad faith on the part of both parties in Art. 41 (i.e., JDPD) –
o There MUST be a judicial declaration that the marriage is void before REVOKED by operation of law
donation can be revoked by the donor. • Donations are revoked by operation of law according to
o Generally, good faith or bad faith is immaterial when the marriage is Art. 44
judicially declared void. § In all other cases where marriage is declared void not in Art.
o BUT there are 5 scenarios that can arise, depending on the reason why 40, 52, 53 or 41 – revocation is at the OPTION OF THE
the marriage is void: DONOR
§ Art. 40, 52 & 53 (i.e., a subsequent marriage is void because there • GENERALLY, donations made in good faith marriages
was no JDNOM for the 1st marriage) – REVOKED for bad faith cannot be revoked, UNLESS said marriage is void.
spouse by operation of law • Art. 86 (1) will apply; donor has option.
• Art. 86 (1) would prevail if based on statutory construction, o Good faith or bad faith of donee is irrelevant.
as it was written later on in the Code. o Donor has option to revoke or not to revoke after
• Sta. Maria view: Revoked by operation of law IF the JDNOM, for a prescription period of 5 years.
donee-spouse contracted the marriage in bad faith (spirit of § Bigamy – 2nd spouse generally has option to revoke donations
the law) to bad faith bigamous spouse unless they were already living
o Example: A’s first marriage is void with C is together/adulterous
void, but he gets no JDNOM. Later, A marries • Donations of 2nd spouse to bigamous spouse – may or
B. A knew all along that he needed a JDNOM for may not be revoked by the 2nd spouse
• Donations given by bigamous spouse to 2nd spouse – o The knowledge of non-consent, in this case, can come only on or after
void IF the two of them are guilty of adultery or the marriage
concubinage at the time of donation § If he or she knew of the non-consent before the marriage, donor
• Donations given by bigamous spouse & bigamous may not revoke because the parent can still give their consent any
spouse while they were already cohabiting without a time before the marriage ceremony takes place
valid marriage – void (Art. 87, FC) o If marriage does not take place, Art. 86(1) or Art. 81 will apply in the
• Donations in a situation where the first marriage entered proper cases
into by the ‘bigamous spouse’ is void, & said ‘bigamous • Annulled Marriage & Donee Acted in Bad Faith
spouse’ subsequently marries another person (in effect o There are conflicting provisions in the Family Code as regards
making the second marriage void by failure to get a annulment & the revocation of donations where a spouse is in bad
JDNOM before remarrying) (Art. 40 marriage) – faith
o Donations made by the 2nd spouse are revoked § Art. 50 in relation to Art. 43(3) – the donation is revoked by
by operation of law upon the finality of the operation of law if donee acted in bad faith; IF there is good faith
JDNOM of the first marriage of the ‘bigamous in an annulled marriage, donation CANNOT be revoked (this is
spouse’ & his 1st spouse the view preferred by Sta. Maria)
o BUT donations made by the ‘bigamous spouse’ § Art. 86 (3) – in an annulment, the donation is revocable at the
to his 2nd spouse would be void IF the two of instance of the donor, where the donee is in bad faith
them lived together as husband & wife without o How Resolved
the benefit of marriage (Art. 87, FC) § Art. 86 (3) is later, so statutory construction says apply this
§ Both parties are in good faith § BUT: Art. 43 (3) is more in harmony with the general tenor of the
• Donor, after the JDNOM is given, can choose whether provision on annulment (i.e., the bad faith spouse must not be
or not to revoke the donation (Art. 86 (1)) allowed to benefit)
• Ex. Marriage between X & Y where X gets a JDNOM § Also: Giving the innocent spouse the option to revoke may lead
under Art. 40 but fails to liquidate his property as to difficulties because guilty spouse can bargain with innocent
required under Art. 52, in good faith – any donation of spouse & attempt to change the innocent spouse’s mind
X to Y & vice versa may be revoked by the them at their • Also not a good deterrent for those who marry to get rich
option, if both entered into the 2nd marriage in good • Art. 86 (3) would mean that that there is a prescription
faith. period of 5 years from the finality of the annulment decree
• Prescription of 5 years from the JDNOM • BUT if it is revoked by operation of law, no need to file an
• No Consent of Parents or Guardian Where One of the Parties is Aged 18-21 action to revoke the donation – refusal to return will lead
o Donation may be revoked by the donor; donor can be a 3rd person to an action to recover the property lost; this would give the
o Has 5 years from the time of the knowledge that the needed consent donor 8 years for personal property, & 30 years for real
was not obtained by the parties property
§ Hence: Art. 43 (3) is the way! § If the donee should commit some offense against the person,
o NOTE: There are instances when a donation PN remains effective honor or property of donor, or his wife, children under his parental
despite the annulment & cannot be revoked – i.e., where there is no authority (kids under 18)
bad faith spouse, even if there is an injury § If the donee imputes (libel) to the donor any criminal offense, or
§ Ex. The donee-spouse informed the 3rd party donor & the other any act involving moral turpitude, even though it can be proven,
spouse that he has a serious & incurable STD or is impotent; the unless the crime or act is committed against the donee himself, his
donee-spouse is not in bad faith here, & any donation PN given to wife or kids
him is valid & cannot be revoked. § If he unduly refuses him support when the donee is legally or
• Legal Separation morally bound to give support to the donor
o The donor-spouse has the option to revoke • Scenario: Your aunt loses everything in a storm; she once
o Prescription: 5 years from the judicial declaration of LS (decree is donated something to you. After she loses everything, she
necessary) asks if she can receive support from you. You say no. In
o If the ground is sexual infidelity or concubinage, a donation made this situation, your aunt can revoke the donation she once
between persons who are guilty of adultery or concubinage at the time gave to you.
of the donation shall be void o Period: Must be done within 1 year from the time the donor had
• Resolutory Condition knowledge of the ingratitude & it was possible for him to bring suit;
o If the donation PN is one with a resolutory condition & the condition alienations shall subsist
is complied with, the donation may or may not be revoked • Void Donations
o Resolutory condition – the happening of a future & uncertain event o Art. 739, CC: Donations made by those guilty of adultery or
operates to extinguish the right or the obligation concubinage shall be void
§ Ex. X’s father donates a car to him, but says the donation will be § Ex. The husband transfers property to 2nd wife at the time of
revoked if X & his wife leave Philippines. If X & wife leave, marriage with 1st wife
hence fulfilling the resolutory condition, X’s father may choose
to revoke the donation.
o Prescriptive period if the donation is made by a third party: 5 years ARTICLE 87. EVERY DONATION OR GRANT OF GRATUITOUS ADVANTAGE,
from happening of resolutory condition DIRECT OR INDIRECT, BETWEEN THE SPOUSES DURING THE MARRIAGE
o Prescriptive period if the donation is made by one spouse to the other: SHALL BE VOID, EXCEPT MODERATE GIFTS WHICH THE SPOUSES MAY
Not subject to prescription GIVE EACH OTHER ON THE OCCASION OF ANY FAMILY REJOICING. THE
§ Art. 1109, CC: Prescription does not run between husband & wife, PROHIBITION SHALL ALSO APPLY TO PERSONS LIVING TOGETHER AS
even though there be a separation of property agreed upon in the HUSBAND AND WIFE WITHOUT A VALID MARRIAG
marriage settlement
• Acts of Ingratitude
o Art. 765 of CC:
• Reasons • Persons Who Can Challenge the Validity of Transfers
o Undue & improper pressure & influence o CANNOT be challenged by those who had absolutely no relation to
o The provision also applies to a man who lives with a woman not his the parties to the transfer at the time it occurred & had no rights or
wife, but in this case, for the donation to fall under Art. 87, it must be interests inchoate, present, remote, or otherwise, in the property in
shown that the donation was made AT A TIME WHEN THEY question
WERE STILL LIVING TOGETHER as husband & wife without the • Effect on Reserva Troncal
benefit of marriage o Reserva Troncal - special rule designed primarily to assure the return
o CASE: Agapay v. Palang – A transfer is also invalid if it is obvious of a reservable property to the third degree relatives belonging to the
that there was connivance to make the transfer appear like a sale when line from which the property originally came, and avoid its being
it was actually a donation. dissipated into and by the relatives of the inheriting ascendant
o Indirect donations are also not allowed; thus, the Art. 87 also prohibits o Art. 891, CC, dealing with the law on succession, provides that the
the following donations of a spouse: ascendant who inherits from his descendant any property which the
§ To a stepchild who has no compulsory heir &/or legal heirs, such latter may have acquired by gratuitous title from another ascendant, or
as his or her children, other than the other spouse at the time of a brother or sister, is obliged to reserve the property as he may have
the donation; acquired by operation of law for the benefit of relatives within the third
§ To a common adopted child who has no other compulsory heir/s; degree & who belong to the line from which the property came.
§ To the parents of the other spouse; o There may be instances where a father donates to his son property
§ To the other spouse’s adopted child who has no compulsory heirs during his lifetime. This is technically not allowed under the FC
or in cases when at the time of the donation, the only surviving because it is an indirect donation. Despite this, reserva troncal will still
relative of the adopted is the other child fully apply.
o Anytime the donation may redound back to the spouse, it is
considered an indirect donation
§ VALIDITY OF A DONATION is determined AT THE TIME IT ARTICLE 88. THE ABSOLUTE COMMUNITY OF PROPERTY BETWEEN
WAS GIVEN SPOUSES SHALL COMMENCE AT THE PRECISE MOMENT THAT THE
• Ex. If the donation to a stepchild was given when the MARRIAGE IS CELEBRATED. ANY STIPULATION, EXPRESS OR IMPLIED, FOR
stepchild had no children, but then later the stepchild has THE COMMENCEMENT OF THE COMMUNITY REGIME AT ANY OTHER TIME
children already, the donation is still void SHALL BE VOID
§ EXCEPTION: Donation by both spouses in favor of their
• Absolute Community of Property (ACP)
common legitimate children for the exclusive purpose of
o All properties owned by the contracting parties before the marriage
commencing or completing a professional or vocational course or ceremony & those which they may acquire thereafter shall comprise
other activity of self-improvement are valid; these are chargeable
the absolute community of property regime
to the ACP or CPG § Spouses become co-owners of all the properties in the ACP
§ No waiver of rights, interests, shares & effects of the ACP can are excluded as the father was a foreigner, & hence he never
be made except upon judicial separation of property became the owner of the land
o In a partial separation of property regime, the property not agreed § CASE: Muller v. Muller – A Filipina & her husband bought
upon as separate shall pertain to the absolute community (Art. 144, Antipolo property. When they separated, the husband sought
FC) reimbursement. SC did not allow the reimbursement, as the
o Only those discussed in the marriage settlement to be separate & those husband had no right to make claims on the land.
enumerated in Art. 92 are excluded from the ACP § CASE: Frenzel v. Catito – Similar to cases above; Australian
o Traditional oneness of the Filipino family is reflected in ACP executed deeds of sale under the name of his common-law
§ Even the Civil Code Commission thought so, but at the time they Filipina girlfriend; when they broke up & the Australian sued her,
had decided that CPG was more revolutionary as a concept SC held: “One who loses his money or property by knowingly
• Alien Married to Filipino engaging in an illegal contract may not maintain an action for his
o In ACP & CPG, an alien married to a Filipino cannot have any interest losses.”
in the community or partnership property § CASE: Cheesman v. IAC – A Filipina & her husband acquired a
§ CASE: Matthews v. Taylor – A Filipina wife need not obtain parcel of land under the Filipina’s name. The Filipina sold the
consent from her foreigner spouse before leasing a space they parcel of land to a 3rd person without her husband’s knowledge.
own, because the alien spouse is not considered the owner of the However, SC gave him no right to nullify the sale
property; otherwise, allowing the alien to have a claim would be • Commencement
allowing him to circumvent the laws on aliens not being allowed o ACP commences at the precise moment of the celebration of marriage
to acquire land in PH. In the end, the Filipina wife is seen by the o Any stipulation, express or implied, that it begins at any other time
law as the sole owner of the property. shall be void
• Aliens are disqualified by the Constitution from acquiring § A provision that states that the CPG shall govern the property
private or public lands. Only Filipinos or corporations at relationship until after the 5th anniversary of the couple, when it
least 60% of the shares of which are owned by Filipinos will automatically convert to ACP, is void
can own land § No automatic change is allowed even later in the marriage without
• Foreigners are only allowed to own Philippine land under the court’s intervention
constitutionally recognized exceptions
o This is to be construed strictly; they cannot buy
lands that are not strictly agricultural, either ARTICLE 89. NO WAIVER OF RIGHTS, SHARES AND EFFECTS OF THE
§ CASE: Ting Ho v. Teng Gui – A Chinese citizen acquired a parcel ABSOLUTE COMMUNITY OF PROPERTY DURING THE MARRIAGE CAN BE
of land, together with the improvements thereon. Upon his death, MADE EXCEPT IN CASE OF JUDICIAL SEPARATION OF PROPERTY.
his heirs claimed that the properties are part of the estate of their
deceased father. However, SC ruled that the land & improvements WHEN THE WAIVER TAKES PLACE UPON A JUDICIAL SEPARATION OF
PROPERTY, OR AFTER THE MARRIAGE HAS BEEN DISSOLVED OR
ANNULLED, THE SAME SHALL APPEAR IN A PUBLIC INSTRUMENT AND ARTICLE 93. PROPERTY ACQUIRED DURING THE MARRIAGE IS PRESUMED
SHALL BE RECORDED AS PROVIDED IN ARTICLE 77. THE CREDITORS OF TO BELONG TO THE COMMUNITY, UNLESS IT IS PROVED THAT IT IS ONE OF
THE SPOUSE WHO MADE SUCH WAIVER MAY PETITION THE COURT TO THOSE EXCLUDED THEREFROM
RESCIND THE WAIVER TO THE EXTENT OF THE AMOUNT SUFFICIENT TO • Special Type of Co-Ownership
COVER THE AMOUNT OF THEIR CREDITS. o ACP is a special type of co-ownership; that’s why laws on co-
ownership can also apply to ACP.
o Spouses can individually use things owned in common, so long as
ARTICLE 90. THE PROVISIONS ON CO-OWNERSHIP SHALL APPLY TO THE § Each does so in accordance with the purpose for which it was
ABSOLUTE COMMUNITY OF PROPERTY BETWEEN THE SPOUSES IN ALL intended &
MATTERS NOT PROVIDED FOR IN THIS CHAPTER. § The use does not injure the interest of the co-ownership or prevent
the co-owner from using it according to their rights (Art. 486, CC)
o Any one of the co-owners may bring an action for ejectment (Art.
487, CC)
ARTICLE 91. UNLESS OTHERWISE PROVIDED IN THIS CHAPTER OR IN THE
o BUT UNLIKE AN ORDINARY CO-OWNERSHIP
MARRIAGE SETTLEMENTS, THE COMMUNITY PROPERTY SHALL CONSIST OF
§ No waiver of rights, interests, shares & effects of the ACP during
ALL THE PROPERTY OWNED BY THE SPOUSES AT THE TIME OF THE
the marriage can be made except in case of judicial separation of
CELEBRATION OF THE MARRIAGE OR ACQUIRED THEREAFTER
property
§ Like in CPG, the interest of the parties in the property is merely
inchoate or an expectancy prior to liquidation
ARTICLE 92. THE FOLLOWING SHALL BE EXCLUDED FROM THE o When a waiver takes place upon judicial separation of property, or
COMMUNITY PROPERTY: after a marriage has been dissolved or annulled, the same shall appear
1. PROPERTY ACQUIRED DURING THE MARRIAGE BY GRATUITOUS in a public instrument & shall be recorded as provided in Art. 77.
TITLE BY EITHER SPOUSE, AND THE FRUITS AS WELL AS THE INCOME o “Upon judicial separation” in par. 2 of Art. 89 – covers the time during
THEREOF, IF ANY, UNLESS IT IS EXPRESSLY PROVIDED BY THE & after judicial separation
DONOR, TESTATOR OR GRANTOR THAT THEY SHALL FORM PART § Creditors of the spouse who made such waiver may petition the
OF THE COMMUNITY PROPERTY; court to rescind the waiver to the extent of the amount sufficient
2. PROPERTY FOR PERSONAL AND EXCLUSIVE USE OF EITHER to cover the amount of their credits
SPOUSE. HOWEVER, JEWELRY SHALL FORM PART OF THE • Ex. Spouses A & B had their ACP worth P1M dissolved in
COMMUNITY PROPERTY; accordance with law. Upon judicial separation of property,
3. PROPERTY ACQUIRED BEFORE THE MARRIAGE BY EITHER SPOUSE B is entitled to get 500K as her share. B is indebted to X in
WHO HAS LEGITIMATE DESCENDANTS BY A FORMER MARRIAGE, the amount of 100K. If B decides to waive her entire share
in favor of A, X has the right to seek rescission of the
AND THE FRUITS AS WELL AS THE INCOME, IF ANY, OF SUCH
PROPERTY.
waiver amounting to 100K (to be taken from B’s supposed § 4th – Property from a Previous Marriage – property + fruits &
share of 500K) to protect X’s interest. income of said property of either spouse when they still have
§ If the waiver takes place without a judicial separation of property legitimate descendants from a former marriage
decree, such waiver shall be void – it will be contrary to law & • Descendants are not just children, but include
public policy (Art. 6, CC & Art. 89, FC) grandchildren, greatgrandchildren & all other descendants,
• Exclusions who must all be legitimate
o Four excluded properties from ACP — Art. 91 is at the discretion of • If a previous marriage is void, & the kids from those
the parties, & Art. 92 are statutory exclusions (& are thus mandatory) marriage become illegitimate, & thereafter one of the
§ 1st - Marriage Settlement – anything that the spouses exclude parties marries again, the properties acquired by said party
from the community property in their marriage settlements upon liquidation of the 1st marriage belong to the ACP of
§ 2nd – Gratuitous Title – must be a valid gratuitous acquisition the 2nd marriage
during the marriage, & includes the fruits & incomes of the • If a previous marriage is annulled or declared void under
subject matter as well Art. 36 or Art. 52 & 53, the children born or conceived
• CANNOT be donations made by a spouse to the other under such marriage is legitimate, the property acquired by
spouse involving substantial amount of separation the spouse with children from a previous marriage will not
properties which, in the marriage settlement, has been belong to the ACP; it shall belong to the spouse with the
agreed upon as not included in the community property legitimate children or to the children as presumptive
(Art. 87) legitime
• HOWEVER, the donor, testator or grantor may provide • If marriage is terminated by death & there is no liquidation,
that the property, fruits & income will form part of the the subsequent marriage is governed by complete
community property separation of property in accordance with Art. 103
§ 3rd – Personal & Exclusive Use – Property for personal & o If there was liquidation, the property regime is ACP
exclusive use of either of the spouses, either those brought inside or what is in the marriage settlement; but if the
the marriage or bought during the marriage surviving spouse has legitimate descendants, the
• Excludes jewelry, which must involve a substantial amount properties owned by the surviving spouse acquired
• Property in this exclusion must be interpreted in terms of before the subsequent marriage shall remain
value (cost) separate even if ACP governs the subsequent
• If a spouse has an expensive car worth 1M & which is for marriage
his “personal & exclusive use,” this is considered as part of • Nature of Acquired Property Using Separate Properties
the ACP if it can be shown that the spouses are not even o Art. 109 (4), FC: one of the exclusive properties of the spouses in
very rich to simply be able to afford such an expensive car relation to the CPG is that which is purchased with the exclusive
money of the wife or husband
§ This is not so for ACP; there is no provision on ACP regarding o When items in Art. 92 (3) are sold during the marriage, the money
exclusive properties. Thus, it can be the assumed intention of the obtained from such will also be part of the ACP of the subsequent
Code Commission to make the husband & wife truly a single marriage.
community o When a property is exchanged or bartered for another property, the
o If a marriage settlement provides that the 1M won by the husband in result would be the same, unless the property received will qualify as
the sweepstake prior to the marriage shall remain separate during the a property used for personal & exclusive use of the recipient spouse
marriage, the stipulation is valid. § Unlike 109(3) for CPG
§ If, using the said amount, the husband subsequently buys a house o All of this strengthens the complete unity between husband & wife
which is used as a family home, the house cannot be considered through ACP
his separate property but a part of the ACP. o For properties in Art. 92 to be considered separate, it must be
• Reasons: maintained as such
o The absence of a counterpart provision to Art. 109 § If a spouse sells property involved in the exclusions, that is his
(4) for ACP own prerogative, but if he does so, he parts with the “property”
o Art. 93, FC: Property acquired during the marriage • Proceeds or objects received are not anymore protected as
is presumed to belong to the community unless it is exclusive properties
if that it is one excluded therefrom. • FC favors ACP rather than separation of property
o Art. 91, FC: Unless otherwise provided in this
chapter or in the marriage settlement, the
community property shall consist of all the ARTICLE 94. THE ABSOLUTE COMMUNITY OF PROPERTY SHALL BE LIABLE
properties owned by the spouses at the time of the FOR:
celebration of the marriage or acquired thereafter
1. THE SUPPORT OF THE SPOUSES, THEIR COMMON CHILDREN, &
§ Does not fall in any of the exceptions
LEGITIMATE CHILDREN OF EITHER SPOUSE; HOWEVER, THE
o The law does not provide that property purchased
SUPPORT OF ILLEGITIMATE CHILDREN SHALL BE GOVERNED BY THE
with the exclusive money of the wife or husband
PROVISIONS OF THIS CODE ON SUPPORT;
shall be excluded from the community property,
UNLIKE in CPG 2. ALL DEBTS & OBLIGATIONS CONTRACTED DURING THE
o Same conclusion as above if the house was donated to the husband & MARRIAGE BY THE DESIGNATED ADMINISTRATOR-SPOUSE FOR
the husband, after becoming owner of the house, sells the property to THE BENEFIT OF THE COMMUNITY, OR BY BOTH SPOUSES, OR BY
a 3rd person. ONE SPOUSE WITH THE CONSENT OF THE OTHER;
§ The money obtained through the sale is part of the ACP. 3. DEBTS & OBLIGATIONS CONTRACTED BY EITHER SPOUSES
§ Same result will be reached when money is obtained from the sale WITHOUT THE CONSENT OF THE OTHER TO THE EXTENT THAT THE
of personal & exclusive properties under Art. 92 (2) FAMILY MAY HAVE BEEN BENEFITED;
4. ALL TAXES, LIENS, CHARGES, & EXPENSES, INCLUDING MAJOR OR • Support
MINOR REPAIRS, UPON THE COMMUNITY PROPERTY; o The most sacred & important of all obligations imposed by law
5. ALL TAXES & EXPENSES FOR MERE PRESERVATION DURING o Comprises everything indispensable for sustenance, dwelling,
MARRIAGE UPON THE SEPARATE PROPERTY OF EITHER SPOUSE clothing, medical attendance, education & transportation, in keeping
USED BY THE FAMILY; with the financial capacity, of the family
6. EXPENSES TO ENABLE EITHER SPOUSE TO COMMENCE OR § Education includes schooling & training for some profession,
trade, or vocation, even beyond the age of majority
COMPLETE A PROFESSIONAL OR VOCATIONAL COURSE, OR
§ Transportation includes expenses in going to & from school &
OTHER ACTIVITY FOR SELF-IMPROVEMENT;
work
7. ANTENUPTIAL DEBTS OF EITHER SPOUSE INSOFAR AS THEY HAVE
§ Illegitimate children – governed by provisions of Support in FC
REDOUNDED TO THE BENEFIT OF THE FAMILY;
• Taken from separate property of parent-spouse
8. THE VALUE OF WHAT IS DONATED OR PROMISED BY BOTH
• In case of absence or insufficiency of the exclusive property
SPOUSES IN FAVOR OF THEIR COMMON LEGITIMATE CHILDREN of the parent of the illegitimate children, the ACP shall pay
FOR THE EXCLUSIVE PURPOSE OF COMMENCING OR the support, but said support is considered an advance to be
CONTEMPLATING A PROFESSIONAL OR VOCATIONAL COURSE deducted from the share of the parent concerned upon
OR OTHER ACTIVITY FOR SELF-IMPROVEMENT; liquidation of the ACP
9. ANTENUPTIAL DEBTS OF EITHER SPOUSE OTHER THAN THOSE • Debts & Obligations
FALLING UNDER PAR. (7) OF THIS ARTICLE, THE SUPPORT OF o If the administration of the property is delegated to one of the spouses
ILLEGITIMATE CHILDREN OF EITHER SPOUSE, & LIABILITIES & he or she, as the administrator during marriage, contracted a debt
INCURRED BY EITHER SPOUSE BY REASON OF A CRIME OR QUASI- or obligation for the benefit of the community, the ACP shall be liable
DELICT, IN CASE OF ABSENCE OR INSUFFICIENCY OF THE for the same
EXCLUSIVE PROPERTY OF THE DEBTOR-SPOUSE, THE PAYMENT OF § Consent of the other spouse – not needed
WHICH SHALL BE CONSIDERED AS ADVANCES DEDUCTED FROM § HOWEVER, there must be proof that it redounded to the benefit
THE SHARE OF THE DEBTOR-SPOUSE UPON LIQUIDATION OF THE of the family
COMMUNITY; & o Even when NOT for the benefit of the family, the ACP is liable for
the debts of one spouse who obtains the consent of the other spouse
10. EXPENSES OF LITIGATION BETWEEN THE SPOUSES UNLESS THE SUIT
before incurring said debt or obligation
IS FOUND TO BE GROUNDLESS.
§ Consent may be express or implied
§ CASE: Marmont Resort World Enterprises v. Guiang – The case
IF THE COMMUNITY PROPERTY IS INSUFFICIENT TO COVER THE deals with the issue of whether the husband consented to a debt.
FOREGOING LIABILITIES, EXCEPT THOSE FALLING UNDER PAR. (9), THE The wife contracted a debt alone, but her husband signed the
SPOUSES SHALL BE SOLIDARILY LIABLE FOR THE UNPAID BALANCE WITH contract as a witness. He thus impliedly consented to the debt &
THEIR SEPARATE PROPERTIES. the ACP (& in effect, he himself) is liable for the debt.
o If a debt was contracted during marriage, even when NOT for the commencing or completing a professional or vocational course or
benefit of the family & WITHOUT consent of the other spouse, the other activity for self-improvement is chargeable to ACP
ACP is liable to the extent that the family may have been benefited § If only 1 of the spouses donate, this may fall under the prohibition
§ If the debt does not redound to the benefit of the family, the under Art. 87, making void any direct or indirect donation
separate property of the debtor-spouse is liable between the spouses
o If a debt was contracted prior to the marriage, ACP is liable if the debt • A donation by one spouse to a common child who has no
redounded to the benefit of the family descendants or compulsory heir other than his parents is an
§ Separate property is liable if it does not redound to the benefit indirect donation to the other spouse
of the family • ACP will not pay for obligations arising from crimes or quasi-delicts of a
§ If the exclusive property of the debtor-spouse is insufficient, spouse
the ACP will pay the debt, but the payment will be considered o In case spouse’s property is insufficient, ACP shall pay as an advance,
as an advance to be deducted from the share of the debtor- which will later be deducted from the share of the debtor spouse upon
spouse upon liquidation of the community liquidation; possible sources of liability include the ff. –
o Losses due to family business or the exercise of profession by any of § Art. 100, RPC: One who is criminally liable for a felony is also
the spouses – charged to ACP civilly liable
§ BUT: Any personal undertaking by a spouse, such as making § Quasi-delicts are covered by Art. 2177-2194 of CC (Ch. 2, Title
himself a surety or guarantor to an obligation of another XVII, CC)
person, is NOT considered to be for the benefit of the family • Art. 2176, CC: Whoever by act or omission causes damage
• Taxes, Liens, Charges, Repairs to another, there being fault or negligence, is obliged to pay
o ACP will be charged for the ff. in relation to the community property: for the damage done; if there is no pre-existing contractual
§ Taxes & liens obligation between the parties, such fault or negligence is
§ Charges & expenses called quasi-delict
§ Major & minor repairs • Art. 2189, CC: A proprietor of a building is responsible for
o Consent of spouse is NOT needed the damages resulting from its total or partial collapse if it
o Taxes & Expenses for Preservation of Separate Property is due to lack of necessary repairs
o ACP is also accountable for the expenses incurred to preserve the • Art. 2193, CC: Head of a family who lives in a building is
separate property of any of the spouses, on the premise that such responsible for damages caused by things thrown or falling
separate property is used by the family during the marriage from the same
• Expenses or Donation for Self-Improvement Activities • Art. 2187, CC: Manufacturers or processors of foodstuffs,
o Expenses for education or training of either spouse – chargeable to drinks, toilet articles, or similar goods shall be liable for
ACP death or injuries to customers caused by any noxious or
o Value of what is donated or promised by BOTH spouses in favor of harmful substances used
their common legitimate child for the exclusive purpose of
• Art. 2176 also applies to acts or omissions of those persons is bound to perform, in its entirety, the prestation constituting the
for whom one is responsible object of the obligation
o Damages caused by employees while doing things § If 2 debtors solidary owe a creditor an amount of money, the
they were employed to do creditor may demand payment from both, or he may choose to ask
• Expenses of Litigation payment from anyone of the debtors
o ACP is charged when: § Creditor can ask for the full amount of the obligation, not only the
§ The suit is between the husband & wife, & part constituting the share each of the debtors owe
§ The suit is not groundless o Even if a creditor runs after the wife’s entire property, the wife can
• Ex.: When it is obvious that the other spouse will be seek payment from the husband, as the liability between husband &
acquitted because of prescription, the case is groundless wife is solidary
• But just because the other spouse loses the case because o Spouses are SOLIDARILY liable with their separate properties if the
there is no proof beyond reasonable doubt, the case is not community property is insufficient to cover ACP liabilities.
necessarily groundless § BUT this solidary liability does not include –
o ACP is also charged for suits that are not between the husband & wife, • Ante-nuptial debts not redounding to the benefit of the
if the suit benefits the family family
o CASE ILLUSTRATION • Support of illegitimate kids of either spouse
§ CASE: Seva v. Nolan – A wife was criminally sued by her • Liabilities incurred by the spouse by reason of a crime or
husband for adultery; she spent attorney’s fees to defend quasi-delict
herself. She was later acquitted. SC ruled that the legal fees • Insolvency of Spouses
she spent during the litigation were chargeable to the ACP o In an insolvency proceeding, an assignee is appointed
as the right to a good name & reputation are vital & § Represents the insolvent & creditors, whether voluntary or
deserving of protection as the right to existence, which is involuntary
the meaning of the right to support. § Takes all the properties of the insolvent & converts the estate, real
§ CASE: Recto v. Harden – A wife made a contract with her or personal, into money to settle the debts of the debtor
lawyer that she would pay 20% of the value of her share in o If the ACP exists, its property cannot be among the assets to be taken
the CPG she has with her husband when it is liquidated. possession of by the assignee for the payment of an insolvent debtor’s
SC ruled that this contract did not bind the CPG, as the obligations, except insofar as the latter has redounded to the benefit
wife merely bound HERSELF, i.e., assumed a personal of the family (Art. 2238, CC)
obligation to pay, by way of contingent fees. The 20%- o Differences between CC & FC in relation to ACP:
amount is merely the BASIS of the computation, but the § Art. 206, CC: the ownership, administration, possession &
lawyer does not actually get her share in the CPG. enjoyment of the common property belong to both spouses jointly
o Solidary obligations – where several creditors or debtors or both & in case of disagreement, the courts shall settle the difficulty
concur, & where each creditor has the right to demand & each debtor
• 2nd sentence of Art. 2388, CC: If it is the husband who is o Provision necessarily connotes that the spouses parted with some
insolvent, the administration of the CPG or ACP may, by valuable consideration hoping that some valuable return will be
order of the court, be transferred to the wife or to a 3rd gained
person other than the assignee § Ex. If a stranger gives one of the spouses a sweepstake ticket
o Prevents the husband, who usually acts as the actual without consideration, & said spouse won prize money, the
administrator, from dissipating the assets of the winning will be considered separate property in accordance with
ACP which may be held liable for the insolvent Art. 92 (1) of FC, unless the donor expressly provides that it shall
husband’s debts form part of the community property
§ Art. 96, FC: Administration jointly belongs to both the husband • This is because the prize money is “income” derived from
& wife, with the husband’s decision will prevail in case of the ticket; recall that property acquired by gratuitous title,
disagreement, but the wife can seek annulment of the contract as well as the fruits & income thereof, are excluded from
• 2nd sentence of Art. 2388, CC still applies under FC, ACP
especially because there is an explicit provisional statement
that the husband’s decision will prevail in the meantime
o Hence: If both the spouses maintain joint administration & 1 of them ARTICLE 96. THE ADMINISTRATION & ENJOYMENT OF THE COMMUNITY
becomes insolvent, the right of the insolvent spouse to jointly PROPERTY SHALL BELONG TO BOTH SPOUSES JOINTLY. IN CASE OF
administer the ACP/CPG may be curtailed by the court; the non- DISAGREEMENT, THE HUSBAND’S DECISION SHALL PREVAIL, SUBJECT TO
insolvent spouse becomes the sole administrator of the ACP/CPG. RECOURSE TO THE COURT BY THE WIFE FOR A PROPER REMEDY, WHICH
The court can also appoint a 3rd person, other than the assignee, as MUST BE AVAILED OF WITHIN 5 YEARS FROM THE DATE OF THE CONTRACT
administrator. IMPLEMENTING SUCH DECISION.
IN THE EVENT THAT ONE SPOUSE IS INCAPACITATED OR OTHERWISE

ARTICLE 95. WHATEVER MAY BE LOST DURING THE MARRIAGE IN ANY
UNABLE TO PARTICIPATE IN THE ADMINISTRATION OF THE COMMON
GAME OF CHANCE, BETTING, SWEEPSTAKES, OR ANY OTHER KIND OF
PROPERTIES, THE OTHER SPOUSE MAY ASSUME SOLE POWERS OF
GAMBLING, WHETHER PERMITTED OR PROHIBITED BY LAW, SHALL BE
ADMINISTRATION. THESE POWERS DO NOT INCLUDE THE POWERS OF
BORNE BY THE LOSER & SHALL NOT BE CHARGED TO THE COMMUNITY,
DISPOSITION & ENCUMBRANCE WHICH MUST HAVE THE AUTHORITY OF
BUT ANY WINNINGS THEREFROM SHALL FORM PART OF THE COMMUNITY
THE COURT OR WRITTEN CONSENT OF THE OTHER SPOUSE. IN THE
PROPERTY.
ABSENCE OF SUCH AUTHORITY OR CONSENT, THE DISPOSITION OR
• Gains & Losses in Games of Chance
ENCUMBRANCE SHALL BE VOID.
o Games of chance may unnecessarily deplete the ACP/CPG
§ Includes the lotto, even if the lotto is legal
HOWEVER, THE TRANSACTION SHALL BE CONSTRUED AS A CONTINUING
o Losses incurred are borne by the loser
o Winnings form part of the community property OFFER ON THE PART OF THE CONSENTING SPOUSE & THE 3RD PERSON, &
MAY BE PERFECTED AS A BINDING CONTRACT UPON THE ACCEPTANCE • BUT: Art. 94(2), FC: If the alteration redounds to the
BY THE OTHER SPOUSE OR AUTHORIZATION OF THE COURT BEFORE THE benefit of the family, ACP will be liable for the expenses
OFFER IS WITHDRAW BY EITHER OR BOTH OFFERORS. incurred, which implies that the alteration is valid
§ NOTE: Rules of co-ownership apply only in a suppletory
• Joint Administration & Enjoyment character
o The joint administration spouses are co-owners of the properties they • In cases of conflict between co-ownership provisions & FC
introduced into the marriage & acquired after the marriage ceremony provisions, FC will prevail
o Administration may be validly delegated to only one spouse in the § Example: The marriage of H & W is governed by ACP.
marriage settlement • If H repairs the roof of the house to prevent leaking, he can
o Joint management or administration does not require the husband & do so without the consent of W.
wife to always act together • If H decides to alter the appearance of the roof to make it
§ Each spouse may validly exercise full power of management more beautiful, he must get the consent of W.
alone, subject to intervention of the court in the proper cases • If H proceeds with the alteration without W’s consent, only
§ Thus: Though the general rule is that all parties to a suit must sign H is liable for expenses incurred, unless W ratifies it
a certification against forum shopping, the signature of the • If W does not ratify it, W can demand that the altered roof
husband or wife alone is substantial compliance with the be removed & the original roofing returned at the expense
requirement if the case involves the community property of the of H
spouses, even if both parties are petitioners to the case • HOWEVER, if the alteration redounds to the benefit of the
• Each spouse is reasonably presumed to have knowledge of family, like if it prevents the roof from completely
the filing or non-filing of the other spouse decaying, the alteration, even without W’s consent, would
o Each spouse may act individually without the consent of the other in be valid & the ACP will be liable for debts incurred
case of repairs to the property because of the alteration
o Rules of co-ownership that apply to ACP: o If ordinary rules of co-ownership applied, the
§ Repairs for preservation may be made by the will of 1 of the co- alteration would have been invalid even if it
owners, but if practicable, he should first notify his co-owner of redounded to the benefit of the family
such repairs o In case of disagreement, husband’s decision prevails
§ Art. 489, CC: Expenses to improve or embellish the thing shall be § Wife can go to court for recourse within 5 years from the date of
decided by the co-owners the contract implementing such decision
§ Art. 491, CC: None of the spouses can make alterations on a thing • Going to court does not necessarily mean a desire to change
owned in common without the consent of the other, even if the administrator, but merely to settle the disagreement
benefits from all result therefrom • Proceeding will be summary in nature (Art. 253, FC)
§ Ex. if there is a disagreement regarding alteration of a common
property & the husband objects, the wife can go to court. If wife
pushes through with alteration without husband’s consent, he can • Right of Wife or Husband to Nullify
also go to court o As the case of Aggabao states, if there is no knowledge & no consent
o Par. 1 of Art. 96 includes the power to dispose, encumber, & alienate of one spouse, the sale of ACP property is void.
(broad treatment) & includes these powers in the general power of o BUT: If there is knowledge of a contract, but a spouse does not
management & administration. consent, the contract entered by the husband, whose decision initially
§ Thus, same concept of husband’s decision prevailing & wife prevails in case of disagreement, is not void, but merely annullable at
going to court applies when the husband decides to sell a lot the instance of the wife.
jointly owned against the wife’s wishes. § Wife has 5 years from the date of the contract implementing the
o Par. 2 of Art. 96 DOES NOT include the power to dispose, encumber decision to go to court & seek remedies such as annulment
& alienate (limited by law). § Wife can nullify the entire contract & not just her share of the
• Effect of Alienation & Encumbrance property
o Any disposition by one spouse of community properties in ACP, § BUT: If the wife ratifies the contract by any express or implied
completely without the knowledge & consent of the other spouse, is act, she can no longer seek annulment even within the 5 years; it
void. will be as if the contract suffered from no legal infirmity as of the
§ Prior to FC, such a contract would be voidable only time it was entered into
§ No prescriptive period as such contract is void o Husband can also seek relief if wife’s decision was implemented
o HOWEVER, there are cases when a 3rd party purchaser is protected § He can file an injunction suit to stop the implementation of the
by law contract for having been entered into by the wife also in his name
§ Ex. If a TCT for a piece of land states that the person named without authority (hence, the contract becomes unenforceable)
therein is single, when he is in fact married & the marriage is § OR nullify it on the grounds that it is against law & public policy
governed by ACP, the sale of the said property by the registered
owner to the 3rd person (an innocent purchaser-for-value) who in
good faith relies on the official annotation, CANNOT be voided • Effect of Incapacity of One of the Spouses on Administration
• Purchaser-for-value in good faith could also sell the o If the other spouse is absent, separated in fact, has abandoned the
property to another without obtaining consent from other, or the consent is withheld – the other spouse may assume sole
anyone, unless the buyer has been informed previously that power of administration through a summary proceeding (Art. 253,
the seller is in fact married FC)
• Remedy of the aggrieved spouse: compel the erring spouse o If the subject spouse is an “incompetent” who is in a comatose, a
to account for the proceeds of the sale victim of stroke, cerebrovascular accident, without motor or mental
• BUT if the 3rd party purchaser acts in bad faith, the faculties, or other such issues – the proper remedy is a judicial
contract can be voided guardianship proceeding under the Revised Rules of Court; NOT a
summary proceeding under the FC
o IN ANY EVENT: If the administrator spouse wants to sell real o A disposition made in a will of an interest in the community property
property, he must observe the procedure for the sale of the ward’s cannot be considered a waiver of such interest in the ACP (which is
estate required of judicial guardians; as the administrator spouse in illegal, under Art. 89, FC)
this case, he must perform the duties of a guardian
§ Spouse who assumes administration cannot dispose or encumber
property without judicial approval or written consent of the ARTICLE 98. NEITHER SPOUSE MAY DONATE ANY COMMUNITY PROPERTY
incapacitated spouse WITHOUT THE CONSENT OF THE OTHER. HOWEVER, EITHER SPOUSE MAY,
§ Any contract or disposition, encumbrance or alienation shall be WITHOUT THE CONSENT OF THE OTHER, MAKE MODERATE DONATIONS
void FROM THE COMMUNITY PROPERTY FOR CHARITY OR ON OCCASIONS OF
• Continuing Offer & Perfection FAMILY REJOICING OR FAMILY DISTRESS
o Offer between 3rd party & the consenting spouse becomes continuing • Prohibition against gifts or donations of the community property without the
offer if contract is void consent of the other is for the protection of the latter’s share from the
o Perfection of contract is obtained only through judicial authorization prodigality of a reckless or faithless spouse
or the written consent of the incapacitated spouse – the contract will
• Donations by both spouses or with consent of the other spouse are generally
only be effective upon this written acceptance or court authorization valid – subject to revocation/reduction should such donations turn out to be
inofficious or if they infringe on the legitime or successional rights of
another compulsory heir (Art. 760-773, CC)
ARTICLE 97. EITHER SPOUSE MAY DISPOSE BY WILL OF HIS OR HER o HOWEVER, even with the consent of the other spouse, the donor-
INTEREST IN THE COMMUNITY PROPERTY. spouse cannot make a substantial donation, whether direct or indirect,
• Disposition by Will to the consenting spouse during the marriage (Art. 87, FC)
o Will – an act whereby a person is permitted, with the formalities • By way of exception, either spouse may, without the consent of the other,
provided by law, to control to a certain degree the disposition of his make moderate gifts from the community property for charity or on
estate to take effect after his death (Art. 738, CC) occasions of family rejoicing or distress
o Legitime – that part of the testator’s property which cannot be o Moderation – depends on the financial situation of the spouses & ACP
disposed of; the law has reserved it for COMPULSORY heirs (Art. • ALSO: Donations made by both spouses in favor of their common
886, CC) legitimate children for the exclusive purpose or commencing or completing
o A spouse can validly dispose of his specific separate properties in a a professional or vocational course or other activity for self-improvement
will, if it does not infringe on the legitime of compulsory heirs are valid & chargeable to ACP
§ HOWEVER, as ACP is a co-ownership, the spouse can only
dispose of his interest in the ACP & not a specific property
belonging to the ACP
ARTICLE 99. THE ABSOLUTE COMMUNITY TERMINATES: o ACP will be dissolved & liquidated; but if either spouse acts in bad
1. UPON THE DEATH OF THE OTHER SPOUSE faith, his share in the net profits of the ACP shall be forfeited in favor
2. WHEN THERE IS A DECREE OF LEGAL SEPARATION of the common children, or of there be none, the children of the guilty
3. WHEN THE MARRIAGE IS ANNULLED OR DECLARED VOID spouse by a previous marriage, or in default of children, the innocent
4. IN CASE OF JUDICIAL SEPARATION OF PROPERTY DURING THE spouse (Art. 43, par. 2 in relation to Art. 50)
MARRIAGE UNDER ARTS. 134 TO 138. • Nullity Decree
o Generally, there is no ACP in a void marriage – property regime is
under either Art. 147 or 148
• Dissolution of the Community Property
§ Art. 147 – when the man & woman are capacitated to marry live
o Termination of ACP does not necessarily mean termination of
exclusively with each other without the benefit of marriage or
marriage
under a void marriage
§ BUT the termination of the marriage simultaneously results in the
dissolution of the ACP • Liquidated in accordance with co-ownership under the
o After dissolution comes liquidation & partition Civil Code (NOT under Art. 102, FC dealing with ACP)
• Death of Either Spouse • When only 1 of the spouses is in good faith, the share of
o Civil personality is extinguished by death (Art. 42, CC) the party in bad faith in the co-ownership is forfeited in
§ Effect of death on the rights & obligations of the deceased is favor of their common children & descendants, each vacant
determined by law, by contract, & by will share shall belong to the respective surviving descendants
o Art. 103, FC: Upon termination of the marriage by death, the o In the absence of descendants, share will belong
community property shall be liquidated in the same proceeding for to innocent party
the settlement of the estate of the deceased § Art. 148 – when a void marriage does not fall under Art. 147
• Legal Separation Decree (JDLS) • Liquidated using rules of co-ownership also
o One effect of the JDLS – dissolution & liquidation of ACP/CPG • Forfeiture process described in Art. 147 shall apply also,
§ Offending spouse shall have no right to any share of the net profits even if both parties are in bad faith
earned by the ACP/CPG, which shall be forfeited in accordance o EXCEPTION: Art. 40 – in case a party fails to get a JDNOM for his
with the provisions of Art. 63 (2) in relation to Art. 43 (2) 1st void marriage before entering a 2nd marriage, the 2nd marriage
o Upon reconciliation, they may agree to revive the property regime also becomes void
(Art. 67, FC) § Art. 50 – In such a case, Art. 43 par. (2), (3), (4), & (5) shall apply
• Annulment Decree (JDAOM) • Art. 43 (2) – dissolution of ACP & forfeiture procedure in
o Art. 50, 2nd par.: Final judgment in JDAOM shall provide for: case either spouse acts in bad faith
§ The liquidation, partition, & distribution of the properties § Thus, in cases involving Art. 40, it is the ACP/CPG that is
§ The custody & support of the common children dissolved – in Valdes v. RTC, this is explained as an
§ The delivery of presumptive legitime acknowledgment of the fact that void marriages are inexistent
from the beginning & a JDNOM is technically not necessary, spouse by a previous marriage or if there be none, the
though the law now provides for it as a requisite. innocent spouse
• Judicial Separation of Property (JSOP)
o May be voluntary or involuntary
§ Voluntary – parties can file their agreement for separation of ARTICLE 100. THE SEPARATION IN FACT BETWEEN HUSBAND & WIFE SHALL
property in court to obtain necessary court approval (Art. 136) NOT AFFECT THE REGIME OF ACP EXCEPT THAT:
• After approval, parties can file for a revival; once revived, 1. THE SPOUSE WHO LEAVES THE CONJUGAL HOME OR REFUSES TO
however, no voluntary SOP may be granted thereafter (Art. LIVE THEREIN, WITHOUT JUST CAUSE, SHALL NOT HAVE THE RIGHT
141 [7]) TO BE SUPPORTED;
§ Involuntary – must be for a sufficient cause & must have court 2. WHEN THE CONSENT OF ONE SPOUSE TO ANY TRANSACTION OF
approval (listed in Art. 135, FC) THE OTHER IS REQUIRED BY LAW, JUDICIAL AUTHORIZATION
• Spouse of the petitioner has been sentenced to a penalty SHALL BE OBTAINED IN A SUMMARY PROCEEDING;
which carries with it the penalty of civil interdiction.
3. IN THE ABSENCE OF SUFFICIENT COMMUNITY PROPERTY, THE
• Spouse of the petitioner has been judicially declared an
SEPARATE PROPERTY OF BOTH SPOUSES SHALL BE SOLIDARILY
absentee.
LIABLE FOR THE SUPPORT OF THE FAMILY. THE SPOUSE PRESENT
• Loss of parental authority of the spouse of the petitioner
SHALL, UPON PROPER PETITION IN A SUMMARY PROCEEDING, BE
has been declared by the court.
GIVEN JUDICIAL AUTHORITY TO ADMINISTER OR ENCUMBER ANY
• Spouse of the petitioner has abandoned the latter or failed
SPECIFIC SEPARATE PROPERTY OF THE OTHER SPOUSE & USE THE
to comply with his obligations to the family as provided in
Art. 101; FRUITS OR PROCEEDS THEREOF TO SATISFY THE LATTER’S SHARE.
• Spouse granted the power of administration in the marriage
settlement has abused that power; • Effect of Separation in Fact
• At the time of the petition, the spouses have been separated o Generally, ACP is not affected
§ ACP will still be liable for all the obligations incurred by either
in fact for at least 1 year & reconciliation is highly
spouse for the benefit of the family
improbable.
§ Liable for all charges provided in Art. 94
• Liquidation After Affidavit of Reappearance
§ Separate property of each spouse is still liable when ACP is
o When a reappearing spouse or an interested person under Art. 41 files
insufficient for expenses incurred for the benefit of the family
an affidavit of reappearance to terminate the 2nd marriage
o EXCEPTIONS to general rule are in Art. 100
§ Art. 43: Termination of 2nd marriage leads to dissolution of
ACP/CPG • No Support
o Spouse who leaves the conjugal home without just cause will not be
• If either spouse contracts a 2nd marriage in bad faith, his
entitled to support
share of the net profits of the ACP/CPG will be forfeited in
§ Fault must always be PROVEN
favor of their common children, the children of the guilty
§ Mere fact of leaving, which cannot be presumed as culpable, when ARTICLE 101. IF A SPOUSE WITHOUT JUST CAUSE ABANDONS THE OTHER
there is no evidence of any fault or guilt on the part of the one who OR FAILS TO COMPLY WITH HIS OR HER OBLIGATIONS TO THE FAMILY,
separates, does not constitute a reason for annulling the right to THE AGGRIEVED SPOUSE MAY PETITION THE COURT FOR RECEIVERSHIP,
support FOR JSOP, OR FOR AUTHORITY TO BE THE SOLE ADMINISTRATOR OF THE
o If spouse leaves for a valid cause, he shall still be supported by ACP ACP, SUBJECT TO SUCH PRECAUTIONARY CONDITIONS AS THE COURT
§ ACP can be held liable for the support of the leaving spouse & for
MAY IMPOSE.
expenses to enable the spouse to commence or complete a
professional or vocational course, or other activity for self-
THE OBLIGATIONS TO THE FAMILY MENTIONED IN THE PRECEDING
improvement
PARAGRAPH REFER TO MARITAL, PARENTAL, & PROPERTY RELATIONS.
§ ACP is liable still for all debts & obligations incurred by the
separating spouse that redounds to the benefit of the family
o If spouse who left is proven to be at fault or he left without just cause, A SPOUSE IS DEEMED TO HAVE ABANDONED THE OTHER WHEN HE OR
the erring spouse cannot be supported by the ACP even if he is a co- SHE HAS LEFT THE CONJUGAL DWELLING WITHOUT INTENTION OF
owner of the same RETURNING. THE SPOUSE WHO HAS LEFT THE CONJUGAL DWELLING FOR
§ Drastic penalty for disrupting the unity of the family A PERIOD OF 3 MONTHS OR HAS FAILED WITHIN THE SAME PERIOD TO
§ BUT ACP may still be held liable for expenses incurred which are GIVE ANY INFORMATION ON HIS OR HER WHEREABOUTS SHALL BE
for the benefit of the family (esp. those enumerated in Art. 94) PRIMA FACIE PRESUMED TO HAVE NO INTENTION OF RETURNING TO THE
• Court Authorization CONJUGAL DWELLING.
o When the consent of the other spouse is required by law, judicial
authorization shall be obtained in a summary manner (Art. 239-248, • Abandonment
FC) o A departure by one spouse with avowed intent never to return, followed
o Any of the spouses, whether he was the one who left the home & even by prolonged absence without just cause, & without providing in the
without valid cause for having left, can seek judicial relief least for the family although able to do so
o Ex. Husband left home in bad faith & without valid cause. However, o Absolute cessation of marital relations, duties, & rights with intention
he needs money to have funds to pay for the school matriculation fees of perpetual separation
of a common child for the latter’s education, & the only way to get o Ex. The husband denies admission of the wife to their conjugal
money is to sell the car that belongs to the ACP. In this case, the dwelling when she returns from a trip, & refusal by the husband to give
husband can seek for judicial authorization if the innocent spouse his wife financial support. The physical separation of the parties & the
refuses to give her consent to the sale, or if the consent cannot be refusal of the husband to support his wife is sufficient to constitute
obtained abandonment as a ground for JSOP
o Abandonment must not only be physical, but also moral & financial
desertion – courts are careful in appreciating the evidence on whether
abandonment really exists on the part of one of the spouses
§ A judgment declaring JSOP when there is no true abandonment which existed at the time of the marriage, the marriage can be
may forever shut the door to reconciliation considered void under Art. 36
o Three things abandoned spouse may petition for: o If the abandonment without just cause is for more than 1 year, another
§ JSOP remedy is filing for legal separation under Art. 55 (10).
§ Receivership
§ Sole administration of ACP/CPG
o Art. 101 & 128 provide a presumption – if the spouse leaves the ARTICLE 102. UPON DISSOLUTION OF THE ABSOLUTE COMMUNITY
conjugal home for 3 months or has failed within the same period to REGIME, THE FF. PROCEDURE SHALL APPLY:
give info on his or her whereabouts, there is a presumption that said 1. AN INVENTORY SHALL BE PREPARED, LISTING SEPARATELY ALL THE
spouse has no intention to return to the conjugal dwelling PROPERTIES OF THE ABSOLUTE COMMUNITY & THE EXCLUSIVE
o Reliefs in Art. 101 apply ONLY IF one of the spouses fail to comply PROPERTIES OF EACH SPOUSE;
with his marital obligations to the family (marital, parental, property
2. THE DEBTS & OBLIGATIONS OF THE ABSOLUTE COMMUNITY SHALL
relationship)
BE PAID OUT OF ITS ASSETS. IN CASE OF INSUFFICIENCY OF SAID
o Example: if a designated spouse abuses his administration, any of the
ASSETS, THE SPOUSES SHALL BE SOLIDARILY LIABLE FOR THE
reliefs provided in Art. 101 can be availed of
UNPAID BALANCE WITH THEIR SEPARATE PROPERTIES IN
§ BUT mere refusal or failure of the administrator of the property
to inform the other spouse of the progress of the family business ACCORDANCE WITH THE PROVISIONS OF THE 2ND PAR. OF ART.
does not constitute abuse 94;
• Not enough that the husband performs acts prejudicial to 3. WHATEVER REMAINS OF THE EXCLUSIVE PROPERTY OF THE
the wife SPOUSES SHALL THEREAFTER BE DELIVERED TO EACH OF THEM;
• Not sufficient that he performs acts injurious to the 4. THE NET REMAINDER OF THE PROPERTIES OF THE ABSOLUTE
partnership if it is just the result of insufficient or negligent COMMUNITY SHALL CONSTITUTE ITS ASSETS, WHICH SHALL BE
administration DIVIDED EQUALLY BETWEEN THE HUSBAND & THE WIFE, UNLESS A
§ Abuse – willful & utter disregard of the interest of the partnership, DIFFERENT PROPORTION OR DIVISION WAS AGREED UPON IN THE
evidenced by repetition of deliberate acts &/or omissions MARRIAGE SETTLEMENT, OR UNLESS THERE HAS BEEN A
prejudicial to the latter VOLUNTARY WAIVER OF SUCH SHARE AS PROVIDED IN THIS
o BUT TAKE NOTE: Arts. 101 & 128 use the words “fails to comply” CODE. FOR PURPOSES OF COMPUTING THE NET PROFITS SUBJECT
– if the negligence or inefficiency is not isolated, but so gross & TO FORFEITURE IN ACCORDANCE WITH ARTS. 43 (2) & 63 (2), THE
constantly done without any effort or only with a token effort to SAID PROFITS SHALL BE THE INCREASE IN VALUE BETWEEN THE
improve, reliefs in Art. 101 & 128 may be availed of by the aggrieved
MARKET VALUE OF THE COMMUNITY PROPERTY AT THE TIME OF
spouse
THE CELEBRATION OF THE MARRIAGE & THE MARKET VALUE AT
§ IF it is shown that this failure to comply is the result of
THE TIME OF ITS DISSOLUTION;
psychological incapacity to perform the marital obligations,
5. THE PRESUMPTIVE LEGITIMES OF THE COMMON CHILDREN SHALL o The process of liquidation may take some time; if the proceedings take
BE DELIVERED UPON PARTITION, IN ACCORDANCE WITH ART. 51; a long time & the values suffer some alterations, there is nothing to
6. UNLESS OTHERWISE AGREED UPON BY THE PARTIES, IN THE prevent a new valuation when the last stage is reached (i.e. the actual
PARTITION OF THE PROPERTIES, THE CONJUGAL DWELLING & THE division or partition) so long as ALL the properties are newly appraised
LOT ON WHICH IT IS SITUATED SHALL BE ADJUDICATED TO THE in reference to the same period of time
§ There is no law or doctrine that a prior appraisal is conclusive
SPOUSE WITH WHOM THE MAJORITY OF THE CHILDREN CHOOSE
upon the parties & the courts
TO REMAIN. CHILDREN BELOW THE AGE OF 7 ARE DEEMED TO
• Step 2: Payment of Debts
HAVE CHOSEN THE MOTHER, UNLESS THE COURT HAS DECIDED
o After inventory, all debts of ACP must be paid
OTHERWISE. IN CASE THERE IS NO SUCH MAJORITY, THE COURT
§ Includes obligations in Art. 94
SHALL DECIDE, TAKING INTO CONSIDERATION THE BEST
§ HOWEVER, under Art. 94 (9), payments made by the ACP due
INTERESTS OF THE CHILD. to the insufficiency of the separate property of the debtor spouse
for the ff. are to be considered advances to be deducted from the
• Liquidation Procedure share of the debtor-spouse upon liquidation of the ACP:
o Dissolution of the ACP occurs upon the happening of events listed in • Ante-nuptial debts which have not redounded to the benefit
Art. 99 of the family
o Generally, Art. 102 details how ACP shall be settled after or during • The support of illegitimate of the debtor-spouse
dissolution
• Liabilities incurred by debtor spouse by reason of crime or
§ In a voluntary JSOP, the liquidation may instead be governed by
quasi-delict
the agreement of the parties, so long as the court approved the
o In case of the insufficiency of the ACP, the spouses are solidarily liable
same
for the unpaid balance with their separate properties
• Step 1: Inventory
• Step 3: Delivery of Exclusive Properties
o All properties or assets at the time of the dissolution must be
o After payment of the debts of the ACP (including debts paid for by the
inventoried, itemized & valued; includes:
exclusive properties of the spouses), the next step is to deliver whatever
§ The ACP property
remains of the EXCLUSIVE PROPERTIES of the spouses to each of
§ The separate properties of the spouses
them; refers to:
o It is an error to determine the amount to be divided by adding up the
§ Properties stipulated in the marriage settlement as separate (Art.
profits which were made each year by the community’s continuance &
91)
saying that the result thereof is that amount
§ Three exclusions referred to in Art. 92:
o In the appraisal of the properties, it is the market value or, in default
• Property acquired during the marriage by gratuitous title by
thereof, the assessed value at the time of liquidation that must be
either spouse, & the fruits & income thereof, unless it is
considered
expressly provided by the donor, testator, or grantor that
§ NOT the purchase value
they shall form part of the ACP
• Property for personal & exclusive use of either spouse, the respective surviving descendants, in the absence of
excluding jewelry descendants, the innocent party
• Property acquired before the marriage by either spouse § In all cases, forfeiture takes place upon the termination of the
who has legitimate descendants from a former marriage, & cohabitation
the fruit & income of said property o In void marriages under Art. 40, 52 & 53, the forfeiture rule in case of
• Step 4: Partition of Net Assets dissolution of ACP (not the rules on void marriages) shall apply
o Equal division of the net assets • Delivery of Presumptive Legitime
§ Net assets = net remainder of the community property after o Delivered only after the finality of the JDAOM (Art. 45) or of the
undertaking the 1st 3 steps nullity of a subsequent void marriage under Art. 40, 52, 53, as stated in
§ Interest of the parties is limited to these net assets Art. 51.
o Unless a liquidation has been made, it is IMPOSSIBLE to say whether o Delivery of presumptive legitime NEED NOT BE MADE in case of a
there will be a net remainder to be divided between the properties JDNOM other than a subsequent void marriage due to non-observance
o Equal sharing shall not apply if a different proportion is agreed upon in of Art. 40.
the marriage settlement UNLESS there is a voluntary waiver of such o The children or their guardian, or the trustee of their property may ask
share as provided in the FC (but waiver must be valid) for the enforcement of the judgment in accordance with the last par. of
§ If waiver is made during subsistence of ACP, such waiver is Art. 51.
invalid or ineffective (Art. 89, FC) § Made via a summary judicial proceeding under Art. 253.
§ Valid waivers only occur upon JSOP or after the marriage has o Value of presumptive legitime – computed as of the date of final
been dissolved or annulled judgment
• Must be contained in a public instrument (Art. 89, par. 2) § Shall be delivered in cash, property, or sound securities, unless the
o In case of JDAOM & JSOP, ACP shall be dissolved & liquidated parties, by mutual agreement judicially approved, had already
§ If either spouse acted in bad faith, his share in the net profits of provided for such matters (Art. 51)
the conjugal property shall be forfeited in favor of the common
children, the children of the guilty spouse by a previous marriage,
or the innocent spouse ARTICLE 103. Upon the termination of the marriage by death, the
§ Computation: Increase in MV of the community property at the community property shall be liquidated in the same proceeding for
time of the celebration of marriage & MV at the time of its the settlement of the estate of the deceased.
dissolution
o In case marriage is void & falls under Art. 147/148 & only 1 of the If no judicial settlement proceeding is instituted, the surviving spouse
parties is in good faith, share of the bad faith spouse38 shall be forfeited shall liquidate the community property either judicially or extra-
in favor of their common children judicially within 1 year from the death of the deceased spouse. If upon
§ In case of default of, or waiver by any or all of the common the lapse of said period, no liquidation is made, any disposition or
children or their descendants, each vacant share shall belong to
encumbrance involving the community property of the terminated o If upon the lapse of the 1-year period from the death of one of the
marriage shall be void. spouses, no liquidation is made, any disposition or encumbrance
involving the community property of the terminated marriage shall be
Should the surviving spouse contract a subsequent marriage without void
compliance with the foregoing requirements, a mandatory regime of § Reason: Upon death of a spouse, only the interest to the property
& not any physical & definite property is vested on the heirs
complete separation of property shall govern the property relations of
• If there are creditors, the interest will only vest after the
the subsequent marriage.
payment of the debts of the decedent
• It is only after liquidation & partition when specific
• Void Sales under Art. 103
properties are definitely & physically determined that a
o A sale of community property is void automatically if:
sale of such allotted property can be made
§ It is sold without the liquidation of the community property after
1 year following the death of one of the spouses • Hence, although after the death of the decedent, the heirs
§ It is sold with liquidation of the community property, but while can sell, waive, or alienate their INTEREST in the inherited
the liquidation process is not yet complete property, they cannot sell a specific property as the same
can only be determined after liquidation & partition
• Liquidation Upon Death
o Judicial partition (Sec. 2, Rule 73 of the Rules of Court): When a • Nature of Interest of Heirs Prior to Liquidation
marriage is dissolved by the death of a spouse, the community property o Art. 103 & 130 are similar (ACP & CPG); explanation here is valid for
shall be inventoried, administered & liquidated, & the debts thereof both
paid, in the estate or intestate proceedings of the deceased spouse o While the spouses have an interest in the ACP/CPG, the spouses cannot
§ If both spouses have died, the conjugal partnership shall be claim any definite property at the time when the ACP/CPG is still in
liquidated in the testate or intestate proceedings of either existence
o Extrajudicial partition: If the decedent spouse left no will & no debts, o Upon the death of one spouse, the right of the heir’s vest
& the heirs are all of age or the minors are represented by their judicial § The right of succession of a person are transmitted from the
legal or legal representatives, duly authorized for the purpose, parties moment of death
may, without securing letters of administration from the court, divide § Thus, if the deceased is survived by a spouse & compulsory heir
the estate among themselves as they see fit by means of a public (like the legitimate children), the ACP/CPG (which was dissolved
instrument filed in the office of the register of deeds by the death of the spouse) evolves into a co-ownership between
§ Should they disagree, they may do so in an ordinary action for the surviving spouse & the kids
partition § Example: If the surviving wife & three of her kids divide a
§ If there is only 1 heir, he may adjudicate to himself the entire property, she gets. of the property & her kids get a share as well,
estate by means of an affidavit filed in the office of the registrar so that:
of deeds • Wife gets 5/8 = 1/2 + 1/8
• Children get 1/8 each
§ Each co-owner owns the whole, & over it he exercises rights of • Claim Against the Estate
dominion, but at the same time he is the owner of just a share o Upon the death of any of the spouses, the community property is
• Until the division is affected, such share cannot be dissolved/terminated
concretely determined § No complaint for the collection of indebtedness chargeable to the
o As co-owner, the spouse or heirs can undertake any act of dominion community property may be brought against the surviving spouse
over their interest, but not over a specific concrete property unless the surviving spouse has committed himself to be solidarily
§ Art. 493, CC: Each co-owner shall have the full ownership of his liable for the claim against the community property
part & the fruits & benefits pertaining thereto, & he may therefore § If the claim is brought against the surviving spouse who did not
alienate, assign, or mortgage it, although the effect of the commit himself to solidary liability & a judgment is rendered
alienation or mortgage shall be limited to the portion allotted to directing the surviving spouse to pay the obligation, the judgment
him in the division upon the termination of the co-ownership is VOID
o Prior to liquidation & partition, the interest of an heir in the estate of § All debts chargeable to community property which has already
the deceased person may be attached for purposes of execution, even if been dissolved must be claimed & paid in the settlement of estate
the estate is in the process of settlement before the courts proceedings of the deceased spouse
§ Rule 57, Rules of Civil Procedure: one of the properties that can o Reason: Upon the death of one spouse, powers of administration of the
be attached for purposes of execution is the “interest of the party surviving spouse ceases & is passed on to the administrator appointed
against whom attachment is issued in property belonging to the by the court having jurisdiction over the settlement of the estate
estate of the decedent, whether as heir, legatee, or devisee.” § Surviving spouse is not even a de facto administrator
§ The right of participation in the estate & the lands thereof may be § Conveyances made by him of any specific property prior to the
attached & sold even if the value of the heir’s share is liquidation of the mass of the community property is VOID
indeterminable before the final liquidation of the estate • Mandatory Complete Separation of Property
§ HOWEVER, the attachment is subject to the administration of the o Art. 103 & 130’s last paragraphs are identical
estate – administrator retains control over all the properties & will § Applies when 1st marriage is terminated by one spouse’s death &
still have the power to sell them, if necessary, for the payment of not due to JDNOM/JDAOM
the debts of the deceased § If the surviving spouse validly marries again without liquidation
o It is only AFTER LIQUIDATION that definable property can be of the properties of the previous marriage, the subsequent
claimed & adjudged to them from the remainder of their properties marriage is valid but will be governed by complete separation of
after satisfaction of ALL the obligations which the community property automatically
properties must pay • This is the only exception to the rule that, if there is no
§ Specific, concrete properties CANNOT BE DONATED by any stipulation in a settlement, ACP governs the marriage
co-heir prior to liquidation & partition o Intended to prevent confusion of the properties of the 1st & 2nd
marriage
o If prior to the 2nd marriage & without liquidation of the assets of the Scenario 2: If the durations are not Solution
1st marriage, the parties execute a settlement, the settlement is void equal but the actual assets in each -Heirs of 1st marriage get a share of 2/5
particular marriage is unknown (2 out of 5 years) of the P15,000 =
-1st marriage lasted for 2 years; 2nd P6,000
ARTICLE 104. Whenever the liquidation of the community properties of marriage lasted for 3 years -Heirs of 2nd marriage get a share of 3/5
2 or more marriages contracted by the same person prior to the -FMV of inventoried assets at the time (3 out of 5 years) of the P15,000 =
effectivity of the Family Code is carried out simultaneously, the of liquidation = P15,000 P9,000
respective capital, fruits, & income of each community shall be Scenario 3: If the durations are
determined upon such proof as may be considered according to the equal, they cancel each other out & the Solution
rules of evidence. In case of doubt as to which community the existing prorating will be based on the amount -Heirs of 1st marriage get a share of 1/3
of the known assets in each particular (P1,000 out of P3,000) of P15,000 =
properties belong, the same shall be divided between & among the
marriage P5,000
different communities in proportion to the capital & duration of each
-FMV of inventoried assets = P15,000 -Heirs of 2nd marriage get a share of
-Value of the 1st marriage’s assets = 2/3
• Simultaneous Liquidation
P1,000 (P2,000 out of P3,000) of 15,000 =
o Refers to at least 2 marriages contracted prior to Aug. 3, 1988
-Value of the 2nd marriage’s assets = P10,000
o Involves a situation where the community properties of each marriage
P2,000
are to be liquidated simultaneously
Scenario 4: Durations of each Solution
o Determination of the inventoried properties, including their fruits &
marriage are different & the assets of -Heirs of 1st marriage get 2/5 (2 out of
income, depends upon the proofs presented by the contending
each marriage are equal & known 5
claimants in accordance with the rules of evidence
-FMV of inventoried assets = P15,000 years) of P15,000 = P6,000
o In case of doubt, the properties will be divided between or among the
-Each marriage has an identical P5,000 -Heirs of 2nd marriage get 3/5 (3 out of
different communities in proportion to the CAPITAL & DURATION
worth of assets each 5
of each
-Duration of 1st marriage is 2 years years) = P9,000
o 5 foreseeable scenarios (assuming there are 2 marriages):
-Duration of 2nd marriage is 3 years *NOTE: Same effect as Scenario 2
Scenario 5: Durations of each Solution
Scenario 1: 2 marriages are equal in Solution
marriage are different, the amount of -(Duration of marriage x Assets of
duration & assets of each marriage are -Equal duration = divide P15,000
assets of each marriage are known, & marriage), & then prorate this amount
unknown equally
the amount of the assets to be -Heirs of 1st marriage =
-Fair market value at time of liquidation between the heirs of each marriage
inventoried at the time of the (2 years x P1,000)/(5 years + P3,000) =
= P15,000 -P7,500 for the heirs of the 1st marriage
liquidation has been ascertained 2/8 of P15,000 = P3,750
&
-Duration of 1st marriage is 2 years, -Heirs of 2nd marriage =
P7,500 for the 2nd marriage
with assets of P1,000 (3 years x P2,000)/(5 years + P3,000) =
-Duration of 2nd marriage is 3 years, 6/8 = P11,250 obligation of the other spouse, unless it be proved that such obligations
with assets of P2,000 were productive of some benefit to the family
o “Effort” – an activity or undertaking which may or may not be
rewarded
ARTICLE 105. In case the future spouses agree in the marriage o “Chance” – activities like gambling or betting
settlements that the regime of Conjugal Partnership of Gains shall o No unilateral declaration by one spouse can change the character of a
govern their property relations during marriage, the provisions of this CPG
Chapter shall be of suppletory application. § CPG is determined by law & not by the will of one of the spouses
o Proof of acquisition of the property during the marriage suffices to
render the statutory presumption of conjugality
The provisions of this Chapter shall also apply to Conjugal Partnership
o Dissolution of marriage – the net gains or benefits obtained shall be
of Gains already established between the spouses before the
divided equally between the spouses, unless they stipulated otherwise
effectivity of this Code without prejudice to the vested rights already
in their settlement
acquired in accordance with the Civil Code or other laws as provided o If prior to the effectivity of the FC on Aug. 3, 1988, the spouses were
in Art. 256. already under the CPG, the property regime will continue after that
date, but will now be governed by the provisions of the FC, UNLESS
vested rights have already been acquired under the CC or another law.
ARTICLE 106. Under the regime of Conjugal Partnership of Gains, the § There is no automatic conversion of the CPG from CPG to ACP
husband & wife place in a common fund the proceeds, products, fruits, upon the effectivity of the FC.
& income from their separate properties & those acquired by either or
both spouses through their efforts or by chance, & upon dissolution of
the marriage or of the partnership, the net gains or benefits obtained ARTICLE 107. THE RULES PROVIDED IN ART. 88 & 89 SHALL ALSO APPLY TO
by both spouses shall be divided equally between them, unless CONJUGAL PARTNERSHIP OF GAINS.
otherwise agreed in the marriage settlements. • When CPG Commences (Art. 88)
o At the precise moment the marriage ceremony is celebrated
• Conjugal Partnership of Gains o What is considered is the hour & not the date of the marriage
o Spouses place in a common fund the: • Prohibition of Waiver (Art. 89)
§ Fruits of their separate properties o No waiver of rights, interests, shares & effects of the CPG can be made
§ Income from their separate work or industry during the marriage except upon JSOP
o Fruits of paraphernal properties (i.e., separate properties of the wife) o To avoid undue pressure & influence upon the weaker spouse
form part of the assets of the CPG & are subject to the payment of the
debts & expenses of the spouses, but not to the payment of the personal
ARTICLE 108. THE CONJUGAL PARTNERSHIP OF GAINS SHALL BE penalty is incurred, the partnership shall be liable therefor to the
GOVERNED BY THE RULES ON THE CONTRACT OF PARTNERSHIP IN ALL same extent as the partner so acting or omitting to act.
THAT IS NOT IN CONFLICT WITH WHAT IS EXPRESSLY DETERMINED IN THIS
CHAPTER OR BY THE SPOUSES IN THEIR MARRIAGE SETTLEMENTS.
• Special Type of Partnership ARTICLE 109. THE FOLLOWING SHALL BE THE EXCLUSIVE PROPERTY OF
o ACP = rules of co-ownership apply in a suppletory manner EACH SPOUSE:
o CPG = rules on partnership apply when not in conflict with what is 1. THAT WHICH IS BROUGHT TO THE MARRIAGE AS HIS OR HER OWN;
expressly determined in this Chapter or by the spouses in their 2. THAT WHICH EACH ACQUIRES DURING THE MARRIAGE BY
settlements GRATUITOUS TITLE;
o In case of conflicts between CC & FC regarding CPG, the FC prevails 3. THAT WHICH IS ACQUIRED BY RIGHT OF REDEMPTION, BY BARTER,
o Some rules on partnership that could also apply in CPG: OR BY EXCHANGE WITH PROPERTY BELONGING TO ONLY ONE
§ Art. 1799, CC: Any stipulation which excludes the partners from OF THE SPOUSES; &
any share of the profits & losses of the partnership is void 4. THAT WHICH IS PURCHASED WITH EXCLUSIVE MONEY OF THE WIFE
§ Art. 1811, CC: A partner is a co-owner with his other partner of OR OF THE HUSBAND.
specific partnership property
§ Art. 1807, CC: Every partner must account to the partnership for
• Power of Dominion – acts of ownership (mortgage)
any benefit, & hold as trustee for it any profits derived by him
• Power of Administration – preserving/maintaining the property
without the consent of the other partner from any transaction
• Properties Brought into the Marriage
connected with the formation, conduct, & liquidation of the
o CPG – all properties brought into the marriage by the parties belong to
partnership or from any use by him or her of its property
each of them exclusively
§ Art. 1818, CC: Without the consent of the other partner, a partner
§ CPG does not produce the merger of the properties of each spouse
cannot assign the partnership property in trust for creditors or on
o Spouses can exercise all rights of dominion over their own exclusive
the assignee’s promise to pay the debts of the partnership, confess
properties
a judgment, enter a compromise concerning a partnership claim
§ Said properties cannot be encumbered, alienated, nor disposed of
or liability, submit a partnership claim or liability to arbitration &
by the other spouse without the consent of the owner-spouse
renounce a claim of the partnership. No act of a partner in
§ Nature of the property as separate shall remain unless the contrary
contravention of a restriction on authority shall bind the
is provided by positive & convincing evidence
partnership to persons having knowledge of the restriction.
o CASE: Del Mundo v. CA - There must be positive & convincing
§ Art. 1822, CC: Where, by any wrongful act or omission of any
evidence that an exclusive property is a part of the CPG; the admission
partner acting in the ordinary course of the business of the
or acknowledgment of one person that the money used to purchase a
partnership or with authority of his co-partner, loss or injury is
property came from the other spouse serves as evidence against the
caused to any person, not being a partner in the partnership, or any
party making the admission or his heirs.
§ Facts: A man sold to Isidra a lot while Isidra was still single, o Exclusive properties brought into the marriage are principally used to:
sometime in 1920. Years later, when Isidra was already married, § Pay personal debts not redounding to the benefit of the family,
a deed of sale was executed by Isidra for the sale, already verbally contracted by the owner-spouse before the marriage
made, in 1920. Now, the heirs of Agripino, Isidra’s husband, § Pay fines & indemnities imposed upon him
claim that the property in the deed of sale is part of the CPG of the § Support the illegitimate children of the owner-spouse
spouses. § If the assets of the CPG are insufficient to pay the obligations of
§ Held: The property belongs exclusively to Isidra, absent any clear the partnership upon the liquidation of the same, the spouses shall
& positive evidence that the property belongs to the CPG. This is be solidarily liable for the unpaid balance with their separate
made clearer by the fact that Agripino had signed in the deed of properties (Art. 121 [2])
sale that Isidra had purchased the property using her own money • Property Acquired by Gratuitous Title
& that it was hers. This declaration is of the highest evidentiary o Anything received by each spouse from any source by way of an act of
value. At this point, Agripino is in estoppel to deny his liberality of the giver belongs exclusively to the spouse-recipient & not
declaration. Also, where a husband is made a party to an act of to the CPG; this includes –
purchase of immovable property made in the name of his wife, § Moderate gifts given by the other spouse during family occasions
which recited that the purchase was made with the paraphernal § Honorariums as appreciation for services rendered
property (i.e., the wife’s personal property), neither he nor his § Property acquired by way of succession (lucrative titles) –
heirs can be permitted to go behind the deed & contest the wife’s whether acquired before or after marriage
title; furthermore, any declaration to the contrary made by the o BUT: Fruits & income of the property acquired by gratuitous title are
wife, or that of her child, cannot anymore change the character of considered part of the CPG
the property in question. § As opposed to ACP – fruits & income of gratuitous property are
o If the property is asserted as separate property & a title has been issued considered exclusive property, unless the donor provides
under the name of the one asserting it, & acts have been undertaken otherwise (Art. 92 [1])
clearly indicating that the property is separately owned without prompt • Redemption, Barter & Exchange
opposition from the adverse party who knew of the acts of dominion, o Redemption – the right of a debtor whose real property has been
the latter party cannot belatedly claim the conjugal nature of the foreclosed upon & sold to reclaim said property if they are able to come
property up with the money to repay the amount of the debt
o If one of the spouses, before the marriage, purchases a property, but it § Property shall belong to the spouse who has the right to redeem,
is only during the marriage the owner-spouse registers the property but regardless of whether he uses personal funds
together with the other spouse as co-owner, said property is STILL the § When conjugal funds are used to affect the redemption, the spouse
exclusive property of the spouse who bought it by his exclusive funds making the redemption shall be held liable to the CPG for
prior to the marriage reimbursement of the amount used to redeem his exclusive
§ The registration during the marriage only creates a TRUST property
§ The property must be restored to the real owner-spouse upon • CPG shall have a lien for the amount paid by it
liquidation
§ If there is no right of redemption belonging to either of the ARTICLE 110. THE SPOUSES RETAIN THE OWNERSHIP, POSSESSION,
spouses, whoever buys something using his own funds shall ADMINISTRATION, & ENJOYMENT OF THEIR EXCLUSIVE PROPERTIES.
exclusively own what was purchased
o Right of redemption is not the same as the right of a successor-in- EITHER SPOUSE MAY, DURING THE MARRIAGE, TRANSFER THE
interest in cases of execution of judgment ADMINISTRATION OF HIS OR HER EXCLUSIVE PROPERTY TO THE OTHER BY
o In the absence of proof that the right of redemption pertained to any of
MEANS OF A PUBLIC INSTRUMENT, WHICH SHALL BE RECORDED IN THE
the spouses, the property involved, or the rights arising therefrom, must
REGISTRY OF PROPERTY IN THE PLACE WHERE THE PROPERTY IS LOCATED
be presumed to form part of the CPG
• Administration of Exclusive Properties
o Exchange – Property acquired by exchange by one of the spouses using
o Administration includes:
his exclusive property shall remain separate property of said spouse
§ Entering contracts regarding the use of the property
o Barter – limited to goods
§ Engaging in litigation
§ If the separate property of a spouse is used as part of the purchase
§ Collection of fruits, profits & income arising from the separate
price of a new property in addition to the conjugal funds spent for
property
said purchase, property is considered CONJUGAL.
o Owner-spouse may transfer administration to another spouse
§ CASE: Abella de Diaz v. Erlander S. Galinger, Inc. – The wife
§ Despite transfer, owner-spouse may still donate, encumber, or
had a car prior to her marriage with her husband. The spouses then
otherwise alienate the property
traded in the old car for a new car, adding some money from the
o Owner-spouse may also transfer administration to a stranger, even
conjugal funds as part of the purchase price of the new car. The
without consent of the other spouse
new car is considered conjugal, & not the separate property of the
o CASE: Naguit v. CA – The exclusive property of the wife was sold by
wife.
the sheriff for the satisfaction of a court decision finding her husband
o Provision on barter, exchange & redemption has no counterpart in
liable for a personal obligation. The wife filed a separate action to annul
ACP
the sale, which was permitted by SC, as the wife’s exclusive property
• Property Purchased with the Exclusive Money of Either Spouse
was wrongfully levied upon. In such a case, the wife is a stranger to the
o Belongs to the spouse who purchased it
action wherein the writ of execution was issued & is justified in
o HOWEVER, when property is purchased using the exclusive
bringing an independent action to vindicate her right of ownership.
money of one spouse, but the title is taken in the spouses’ joint
names, the circumstances will determine whether it shall result in a
gift from the spouse whose money was spent, or a trust in favor of
such spouse ARTICLE 111. A SPOUSE MAY MORTGAGE, ENCUMBER, ALIENATE, OR
o Also, no counterpart provision in ACP OTHERWISE DISPOSE OF HIS OR HER EXCLUSIVE PROPERTY, WITHOUT THE
CONSENT OF THE OTHER SPOUSE, & APPEAR ALONE IN COURT TO
LITIGATE WITH REGARD TO THE SAME.
ARTICLE 112. THE ALIENATION OF ANY EXCLUSIVE PROPERTY OF A ARTICLE 114. IF THE DONATIONS ARE ONEROUS, THE AMOUNT OF THE
SPOUSE ADMINISTERED BY THE OTHER AUTOMATICALLY TERMINATES THE CHARGES SHALL BE BORNE BY THE EXCLUSIVE PROPERTY OF THE DONEE-
ADMINISTRATION OVER SUCH PROPERTY & THE PROCEEDS OF THE SPOUSE, WHENEVER THEY HAVE BEEN ADVANCED BY THE CONJUGAL
ALIENATION SHALL BE TURNED OVER TO THE OWNER-SPOUSE. PARTNERSHIP OF GAINS
• Termination of Administration • Property Donated or Left by Will to Spouses

o Art. 127 – In cases where the spouses are separated in fact, the spouse o A donor or testator may donate or provide in a will that a certain
present shall, upon petition in a summary proceeding, be given property will jointly belong to the spouses
authority to administer or encumber any specific property of the other § The donor may likewise designate the respective share of each
spouse & use the fruits or proceeds to satisfy the latter’s share, if the spouse, &, in the absence thereof, share & share alike
spouses are held solidarily liable for a CPG obligation o Property of donation will be considered separate property of the
§ Judicial authority given to the present spouse to administer the spouses
property serves as a limitation to Art. 112 • Accretion in Case of Donation
• Owner-spouse, who is a party to the summary proceeding, o Accretion – incorporation or addition of property to another property
cannot revoke the judicially approved administration of the o General rule in joint donation – one cannot accept independently of his
present spouse over his specific property by the mere co-donee, for there is no right of accretion unless expressly provided
expediency of alienating said property EXCEPT when the joint donation is made in favor of husband & wife
• Even if the administrator-spouse or the court approves of a § BUT: Donor can provide that there is no right of accretion
sale made by the owner-spouse of said property, the between even husband & wife if he so desires (Art. 753, CC)
administrator-spouse or court can ask or order that a o Ex. A valid donation is given to the husband & wife jointly, where the
portion of the proceeds there be made the payment of the donor provided that of the property will go to the wife & will belong to
owner-spouse’s share in the solidary liability the husband
§ Each of them shall own the portions given to them
§ If the wife does not accept her part of the donation, accretion will
ARTICLE 113. PROPERTY DONATED OR LEFT BY WILL TO THE SPOUSES, set in favor of her husband & he will own all the property donated
JOINTLY & WITH DESIGNATION OF DETERMINATE SHARES, SHALL PERTAIN as his separate property
TO THE DONEE-SPOUSE AS HIS OR HER OWN EXCLUSIVE PROPERTY, & IN § BUT if the donor provides in that there will be no right of
accretion, the husband will only get theM granted to him in the
THE ABSENCE OF DESIGNATION, SHARE & SHARE ALIKE, WITHOUT
donation
PREJUDICE TO THE RIGHT OF ACCRETION WHEN PROPER.
§ If there is no designation of shares, the same rules will apply
o HOWEVER, if the designation of donations is not of determinate
shares but of determinate properties, like a house or a car, accretion
will not apply
• Accretion in Case of Property Left by Will ARTICLE 115. RETIREMENT BENEFITS, PENSIONS, ANNUITIES, GRATUITIES,
o For accretion to apply if the property is left by will, the husband & wife USUFRUCTS, & SIMILAR BENEFITS SHALL BE GOVERNED BY THE RULES ON
should be called to the same inheritance, or to the same portion thereof, GRATUITOUS OR ONEROUS ACQUISITIONS AS MAY BE PROPER IN EACH
pro indiviso (not divided) & one of the spouses thus called should either CASE.
§ Die before the testator, or • Nature of Pensions, Annuities, Gratuities
§ Renounce the inheritance, or o Whether these are separate depend upon how they were obtained & the
§ Be incapacitated to receive it (Art. 1016, CC) circumstances of the case
o The words “one-half each” or “in equal shares” or any other which, o Gratuity – an act of pure liberality, acquired by lucrative title (e.g.,
though designation an aliquot part, do not identify it by such donation or gift)
description as shall make each heir the exclusive owner of the o CASE: Mendoza v. Dizon – Any amount given by the government
determinate property, shall not exclude the right of accretion (Art. because of previous work as provincial auditor is a gratuity & is
1017, CC) separate property
§ Such words will not mean that the inheritance is not pro indiviso o BUT: An annuity is NOT a gratuity if the recipient is entitled to it as a
o Ex. If the husband & wife were validly given a property in a will which matter of right
states that belongs to the wife & to the husband, they shall own their § Ex. A law states that teachers, principals, & supervisors whose
respective shares separately positions are not clerical or casual & who, at the time of their
§ Designation of this proportionate sharing does not make the retirement, have rendered 25 years of government service, shall
properties specific; inheritance is still pro indiviso be entitled to a retirement on annuity
§ If the husband dies before the testator, or renounces the • If a teacher complies with all the above requisites, such
inheritance or is incapacitated to receive it, the wife will get the government teacher is entitled as a matter of right to said
share of her husband by right of accretion annuity; it is, thus, not a gratuity
§ BUT if the testator gives to the husband & wife school buildings § Hence, annuities are part of the CPG
which he owns, providing that the one in Manila is the husband’s o Pensions – compensation for services previously rendered for which
& the one in Cebu is the wife’s, the right of accretion will not full & adequate compensation was not received at the time of the
apply, as the inheritance is NOT pro indiviso rendition of the service
• Payment Using Conjugal Funds § It is pay withheld to induce long continued & faithful service
o If conjugal funds are used to pay for debts attached to an onerous § Public benefit accrues in 2 ways:
donation, the donee-spouse will reimburse the CPG but the donated • Encouraging competent employees to remain in the service
property remains the exclusive property of the debtor spouse • Retiring from the service those who have become
o Taxes & expenses for mere preservation of the separate property of incapacitated from performing the duties as well as they
either spouse during the marriage is chargeable to the CPG (Art.
might be performed by younger men
121[5]) § Pensions are NOT considered gratuities or donations
§ When there is no liberality on the part of the government, & the § CASE: Berciles v. GSIS – Retirement premiums are conjugal, if
awards composed of mere accumulated savings or deductions there is no proof that the premiums were paid from the exclusive
earned during marriage, this would be a pension & thus is part of funds of the deceased spouse
CPG § HOWEVER, if a beneficiary is named in the life insurance policy,
o Insurance the proceeds of the same are to be paid to said beneficiary
§ CASE: Martinez v. Moran – A husband took out an endowment § CASE: Vda. De Consanguera v. GSIS – GSIS retirement was held
life insurance policy on his life payable as directed by will & the to be primarily intended for the benefit of the employee in his old
premiums thereon were paid by communal funds. In his will, he age. If the employee reaches the age of retirement, he gets the
made the proceeds payable to his own estate. SC ruled that the retirement benefits even to the exclusion of the beneficiary named
proceeds were community estate, of which belong to the wife. in his application for retirement insurance.
§ CASE: In re Stan’s Estate – A testator, after marriage, took out an • The beneficiary listed can only claim the proceeds of the
insurance policy on which he paid the premiums of his salary retirement if the employee dies before retirement
(remember that income & fruits made during marriage are part of • If the employee fails to state a beneficiary, the benefits will
the CPG). The insurance money was held as community property, accrue to his estate & will be given to his legal heirs in
of which the wife was entitled to as survivor. accordance with the law (same as with life insurance in
§ CASE: BPI v. Posadas – This case occurred prior to the Family general, when no beneficiary is named)
Code. The life insurance taken out by the deceased spouse was
made payable to the estate of the deceased. However, SC ruled
that the proceeds of said insurance would still be considered ARTICLE 116. ALL PROPERTY ACQUIRED DURING THE MARRIAGE,
conjugal property if the life insurance policy is paid out of WHETHER THE ACQUISITION APPEARS TO HAVE BEEN MADE,
conjugal funds.
CONTRACTED, OR REGISTERED IN THE NAME OF ONE OR BOTH SPOUSES,
• HOWEVER, If the policy were partly paid by conjugal
IS PRESUMED TO BE CONJUGAL UNLESS THE CONTRARY IS PROVED.
funds & party by separate funds, the proceeds are owned
• When Presumption is Applicable
by the CPG & the separate property in proportion to the
o GENENERALLY, when the property is proven to have been acquired
amount of contribution
during the marriage, it is presumed to be conjugal property regardless
• BUT, under the FC, for a property to become the separate
of whose name is on the title
property of one of the spouses, it must be EXCLUSIVELY
§ Presumption must be overturned by clear, convincing evidence to
paid out from the separate funds of said spouse (Art.
the contrary
109[4])
§ TCT in the Register of Deeds containing the name of just one
• If the BPI case were decided under the FC, the proceeds
person is not enough IF it is proven that the purchase was made
would be considered conjugal, but the spouse who paid
during the marriage
partly using his separate property will be reimbursed by the
CPG
o CASE: Jocson v. CA – The party who invokes this presumption must § THUS, it is but fair that on liquidation of the partnership, the trust
first prove that the property in controversy was acquired during the should be recognized & enforced, so that the real ownership of the
marriage property may be established
§ PROOF of acquisition during the coverture is a condition sine qua • Principle: A trustee who takes a Torrens title in his name
non for the operation of the presumption in favor of conjugal cannot repudiate the trust by relying on the registration –
ownership one of the well-known limitations upon the finality of a
§ If there is no showing as the WHEN the property in question was decree
acquired, the fact that the title is in the wife’s name only is • In other words, if the spouse who is not the owner-spouse
DETERMINATIVE survives the owner-spouse, he must justly designate as
o It has also been held that an inscription in a TCT that says, “X married exclusive the property of the owner-spouse, even if the title
to Y” is merely descriptive of civil status & does not necessarily prove contains both their names, as the same was merely held in
that the property was acquired by the party prior to marriage; thus, it is trust by the non-owner spouse.
not proof that the property is conjugal. It is also not evidence of co- o For so long as the property is acquired during the marriage,
ownership. presumption of conjugal property applies even if they live separately
o Registration of the property is also not proof of acquisition, because the § Evidence must be clear to overcome presumption
property could have been acquired while the owner was single, & § Controlling factor: the source of the money utilized in the
registered when he was already married purchase
o Example of when the conjugal presumption has been rebutted o CASE: Belcodero v. CA – The husband brought the property in
§ CASE: Laperal v. Katigbak – SC ruled that the conjugal installments & thereafter left his family to bigamously marry another
presumption had been rebutted even if the property was acquired woman. When the property was acquired, he registered it under the
during the marriage because: (1) the deed was in the name of the name of the other woman. SC held that the property is part of the CPG
wife, (2) at the time of its purchase, the husband admittedly could of the 1st marriage, as the presumption that it was paid exclusively
not afford to buy the land with his salary, (3) the wife believably from husband’s own property was not convincingly rebutted.
stated that the purchase price was furnished by her mother, & (5) o CASE: Plata v. Yatco – The conveyance of the property of the wife to
it was established that it was a practice of the wife’s parents to a 3rd person & its reconveyance to her several months afterward DOES
provide their children with money to purchase realties for NOT TRANSFORM said property into a conjugal property, in the
investment absence of proof that the money in the reconveyance came from
o When the property is registered in the names of both spouses, the conjugal funds.
presumption that it is conjugal arises o Presumption of conjugality attaches when a property is proven to have
§ HOWEVER, it can still be shown that it belongs to one spouse, been acquired during marriage even if the property is registered under
even if both their names appear in the title the name of one or both spouses
§ The placing of both names is like the placing of the property in § Proofs like tax declarations in the name of one of the spouses
trust by the owner-spouse to his spouse as a trustee obtained during marriage is not evidence of acquisition & hence
is not sufficient to give rise to the presumption that the property is • When does Ownership Vest?
conjugal o Upon dissolution
o When the thing/property is fully paid for
• Acquisition by Onerous Title from Common Fund
ARTICLE 117. THE FOLLOWING ARE CONJUGAL PARTNERSHIP o Whatever is acquired with money of the CPG belongs thereto & forms
PROPERTIES: part thereof
1. THOSE ACQUIRED BY ONEROUS TITLE DURING THE MARRIAGE AT § This is true even if the acquisition be for the partnership or for
THE EXPENSE OF THE COMMON FUND, WHETHER THE only one of the spouses
ACQUISITION BE FOR THE PARTNERSHIP, OR FOR ONLY ONE OF § Follows the logic that whatever is acquired exclusively using
separate property of one of the spouses belongs to said spouse
THE SPOUSES;
o Damages granted by courts in favor of any of the spouses arising from
2. THOSE OBTAINED FROM THE LABOR, INDUSTRY, WORK, OR
a contract solely financed by the CPG & breached by a 3rd party
PROFESSION OF EITHER OR BOTH OF THE SPOUSES;
belongs to the CPG
3. THE FRUITS, NATURAL, INDUSTRIAL, OR CIVIL, DUE OR RECEIVED o Damages arising from illegal detention of the exclusive property of any
DURING THE MARRIAGE FROM THE COMMON PROPERTY, AS of the spouses shall pertain to the CPG IF such detention deprived the
WELL AS THE NET FRUITS FROM THE EXCLUSIVE PROPERTY OF EACH partnership of the use & earnings of the same
SPOUSE; o HOWEVER, where damages are awarded to one of the spouses
4. THE SHARE OF EITHER SPOUSE ON THE HIDDEN TREASURE WHICH because of physical injuries inflicted by a 3rd party, the damages
THE LAW AWARDS TO THE FINDER OR THE OWNER OF THE belong exclusively to the injured spouse
PROPERTY WHERE THE TREASURE IS FOUND; § Where the wife was permanently deformed in a car accident due
5. THOSE ACQUIRED THROUGH OCCUPATION42 SUCH AS FISHING to the negligence of the driver, the damages belong exclusively to
OR HUNTING; her
6. LIVESTOCK EXISTING UPON THE DISSOLUTION OF THE • Property Acquired through Industry, Labor, & Profession & Through
PARTNERSHIP IN EXCESS OF THE NUMBER OF EACH KIND Occupation
BROUGHT TO THE MARRIAGE BY EITHER SPOUSE; o Difference between Art. 117(2) & (5)
7. THOSE WHICH ARE ACQUIRED BY CHANCE, SUCH AS WINNING § Art. 117(2) – Industry or work assures sure earnings
§ Art. 117(5) – Occupations, like fishing or hunting, involve an
FROM GAMBLING OR BETTING. HOWEVER, SUCH LOSSES
element of chance since one can be in the sea or forest for a long
THEREFROM SHALL BE BORNE EXCLUSIVELY BY THE LOSER-SPOUSE
time without catching anything; thus, the work is not always
commensurate with the result
• General Rule
• Fruits & Earnings from Properties
o Generally, everything the spouses acquires during the marriage is CPG,
o Fruits of the common property are part of CPG
unless it is an advance to either spouse or it was bought with the
o ALSO: Net fruits of exclusive property belong to CPG
exclusive property of either spouse
§ Net fruits = (Gross fruits - expenses of administration of said ARTICLE 118. PROPERTY BOUGHT ON INSTALLMENTS PAID PARTLY FROM
separate property) EXCLUSIVE FUNDS OF EITHER OR BOTH SPOUSE & PARTLY FROM
• Hidden Treasure CONJUGAL FUNDS BELONGS TO THE BUYER OR BUYERS IF FULL
o Share of either spouse in the hidden treasure which the law awards to OWNERSHIP WAS VESTED BEFORE THE MARRIAGE & TO THE CONJUGAL
the finder or owner of the property where the treasure is found is part PARTNERSHIP IF SUCH OWNERSHIP WAS VESTED DURING THE MARRIAGE.
of CPG IN EITHER CASE, ANY AMOUNT ADVANCED BY THE PARTNERSHIP OR BY
o Hidden treasure – artifacts or objects which have undergone
EITHER OR BOTH SPOUSES SHALL BE REIMBURSED BY THE OWNER OR
transformation from their original raw state (e.g., earrings, necklaces,
OWNERS UPON LIQUIDATION OF THE PARTNERSHIP.
bracelets)
• Installment Purchases
§ Art. 439, CC: Any hidden & unknown deposit of money, jewelry,
o Situation: An installment was initiated prior to the marriage & ended
or other precious objects, the lawful ownership of which does not
during the marriage, & paid partly by exclusive funds of one spouse &
appear
partly by the CPG
o Gold nuggets, precious stones in their raw state, oil & the like are NOT
o Ownership – determined by the time when the title is vested
treasures
§ If the title vested before the marriage ceremony – belongs to the
• Livestock
spouse who bought it exclusively, subject to reimbursement to the
o Livestock that is part of CPG = (The number of each kind brought into
CPG by the owner-spouse
the marriage – Those existing of said kind upon dissolution of the
• Belongs to properties exempted under Art. 109 (1)
partnership)
§ If the title vested after the marriage ceremony/during the marriage
o If, at the start of the marriage, there are 40 cows, & because of
– belongs to the CPG, subject to reimbursement by CPG to the
marriage, there are 60 cows, 20 cows will be part of the CPG
spouse who paid partially
• Chance
o Ex. The Friar Lands Act No. 1120 states that the title to the land passes
o Income acquired by chance is part of CPG
to the purchaser the moment the 1st installment is paid & a certificate
o Losses from gambling or betting shall be borne exclusively by the
of sale is issued. Thus, if the wife bought a parcel of friar land & paid
loser-spouse
the 1st installment prior to the marriage, the land is her exclusive
§ Spouse who engaged in the activity parted with a valuable
property even if funds from the CPG were used to pay for the land too,
consideration
because the title was vested upon payment of the 1st installment
o BUT where a third person gives a spouse a ticket for free, & the ticket
o CASE: Javellanos v. CA – A contract to sell or conditional sale of a
won P1M, such winning will be considered income &, therefore, shall
parcel of land by installment stated that the ownership to said property
belong to the CPG
would vest only upon the payment of the last installment. A man began
paying for the parcel of land in his 1st marriage using partly the CPG
funds of the 1st marriage & partly his own money, but the last
installment was paid using funds from the 2nd marriage. SC ruled that
the parcel of land belonged to the CPG of the 2nd marriage, though OF THE SPOUSE. HOWEVER, INTERESTS FALLING DURING THE MARRIAGE
reimbursements should be given to the 1st marriage. ON THE PRINCIPAL SHALL BELONG TO THE CONJUGAL PARTNERSHIP.
o Law does not provide for a situation where the property was bought • Payment of Credit in Favor of Spouse
during the marriage & the purchase was partly funded by the exclusive o Where one spouse has a credit payable in installments or, in any case,
money of either or both spouses & partly by the CPG; there are 2 views a credit which will be fully paid during the marriage – all payments
to this: made on the principal during the marriage belongs exclusively to the
§ View 1 – CASE: Javellana v. CA – when a property acquired spouse who owns the credit
during marriage is partly paid by exclusive funds of a spouse & o Interest on the principal falling due during marriage – belongs to the
partly by the CPG, the property belongs to both the partly-paying CPG
spouse & the CPG, in proportion to the contributions of each § Interest is considered a fruit derived from a particular property, &
§ View 2 – Sta. Maria view – Properties bought partly by exclusive is included under Art. 117 (3)
funds of either or both spouses & partly by the CPG during § When counting the interest which belongs to the CPG, consider
marriage should belong to the CPG, subject to reimbursement to only the PAYMENTS made DURING marriage to determine the
the partly-paying spouse capital & interest of said payments
• Supported by Art. 109 (4), which provides that property
purchased with the exclusive property of one spouse is
separate property; hence if it is bought partly through CPG ARTICLE 120. THE OWNERSHIP OF IMPROVEMENTS, WHETHER FOR UTILITY
& partly exclusively by one spouse, it cannot be said to OR ADORNMENT, MADE ON THE SEPARATE PROPERTY OF THE SPOUSES
belong “exclusively” to the partly paying spouse; therefore,
AT THE EXPENSE OF THE PARTNERSHIP OR THROUGH THE ACTS OR
the property bought is to be considered conjugal
EFFORTS OF EITHER OR BOTH SPOUSES SHALL PERTAIN TO THE CONJUGAL
o Reimbursement Upon Liquidation of Partnership
PARTNERSHIP, OR TO THE ORIGINAL OWNER-SPOUSE, SUBJECT TO THE FF.
§ Reimbursement for the partial payment will occur only upon
liquidation of the CPG RULES:
• Reasoning: there can be no absolute sharing until after
liquidation WHEN THE COST OF IMPROVEMENT MADE BY THE CONJUGAL
§ It is only upon liquidation of the partnership that the share of each PARTNERSHIP & ANY RESULTING INCREASE IN VALUE ARE MORE THAN
spouse will be known THE VALUE OF THE PROPERTY AT THE TIME OF THE IMPROVEMENT, THE
ENTIRE PROPERTY OF ONE OF THE SPOUSES SHALL BELONG TO THE
CONJUGAL PARTNERSHIP, SUBJECT TO REIMBURSEMENT OF THE VALUE
ARTICLE 119. WHENEVER AN AMOUNT OR CREDIT PAYMENT WITHIN A OF THE PROPERTY OF THE OWNER-SPOUSE AT THE TIME OF
PERIOD OF TIME BELONGS TO ONE OF THE SPOUSES, THE SUMS WHICH IMPROVEMENT; OTHERWISE, SAID PROPERTY SHALL BE RETAINED IN
MAY BE COLLECTED DURING THE MARRIAGE IN PARTIAL PAYMENTS OR OWNERSHIP BY THE OWNER-SPOUSE, LIKEWISE SUBJECT TO
BY INSTALLMENTS ON THE PRINCIPAL SHALL BE THE EXCLUSIVE PROPERTY REIMBURSEMENT OF THE COST OF THE IMPROVEMENT.
IN EITHER CASE, THE OWNERSHIP OF THE ENTIRE PROPERTY SHALL BE § CPG gets usufructuary rights over properties in Art. 120 even
VESTED UPON REIMBURSEMENT, WHICH SHALL BE MADE AT THE TIME OF when the CPG is not yet the owner of said lot & improvements
THE LIQUIDATION OF THE CONJUGAL PARTNERSHIP. o Prior to reimbursement at the time of liquidation, the CPG may use
both the land & the improvement (owned by the spouses separately),
• Source of Funds for Improvements but it does so not as the owner, but as the usufruct
o When the value of the improvement & any resulting increase in value § The ownership of the land remains the same until the value of the
is BIGGER than the value of the separate property at the time of the land is paid, & this payment can only be demanded upon the
improvement liquidation of the partnership
§ The entire property of one of the spouses shall belong to the CPG o Prior to liquidation, the owner-spouse still owns her separate property
§ BUT ownership shall vest only upon reimbursement at the time of &, therefore, the same cannot be levied upon to satisfy conjugal debts
the liquidation of the CPG § UNLESS the conjugal funds are insufficient to pay the debts, in
which case the separate property can be held solidarily liable
• Proof of the source of the funds & the values at the time of
construction are needed to determine the character of the o In Art. 120, ownership of the land is retained by the original owner
improvements until said owner is paid/reimbursed the value of the lot; the mere
construction of a building over the land using common funds does not
o CASE: Ferrer v. Ferrer – A husband, prior to his death, sold his lot;
there was improvement made on said lot that was paid out of the automatically convey the ownership of the owner’s land to the CPG.
conjugal funds. Later, when the husband had already died, the wife § The erection of a building is simply an exercise of the right of
sought reimbursement of her half of the sale from the buyer of the usufruct pertaining to the CPG over the wife’s land
property, using Art. 120 to support her claim. SC ruled, however, that § Thus, the CPG will not pay rent – if it did, the CPG would
Art. 120 does not give a cause of action on the part of a surviving essentially just be paying itself
§ If the building were leased to a 3rd person, instead of the building
spouse to claim from subsequent buyers of the property of the deceased
husband. Art. 120 only allows claims from the husband if the husband being erected, the rent would go into the CPG
is still the owner of the lot upon liquidation o If no reimbursement is made upon liquidation, the ownership will be
o CASE: Munoz v. Ramirez – A wife constructed a residential house on retained by the owner-spouse, subject to reimbursement of the cost of
a lot she owned. Her husband contributed some funds into the payment improvement
of the loan that the wife took out to help pay for the house’s o If the property of the owner-spouse is worth more than the
improvement, the entire improvement will belong to the owner-spouse,
construction. SC held that the house & lot belonged to the wife because
subject to reimbursement at the time of liquidation in favor of the CPG
the value of the lot the wife contributed was more than the amount the
husband contributed as payment. The contract of mortgage she alone • Computation
entered with a 3rd person was thus enforced. o Worth of building (improvement) – P50,000
• Usufructuary o Worth of land – P100,000
o When an owner allows persons to reside in property, he owns without o Total worth of building & lot – P150,000
paying rent o The value of the house & lot increased due to the improvement by
P30,000
o Worth after increase in value – P180,000 8. THE VALUE OF WHAT IS DONATED OR PROMISED BY BOTH
o Cost of the building + the increase in worth = P80,000 SPOUSES IN FAVOR OF THEIR COMMON LEGITIMATE CHILDREN
o Cost of land (P100,000) > Cost of the building + increase in worth FOR THE SOLE PURPOSE OF COMMENCING OR COMPLETING A
(P80,000) PROFESSIONAL OR VOCATIONAL COURSE OR OTHER ACTIVITY
§ Thus, the property belongs to the owner-spouse FOR SELF-IMPROVEMENT; &
§ This is a case of ordinary accession
9. EXPENSES OF LITIGATION BETWEEN THE SPOUSES UNLESS THE SUIT
§ At the time of liquidation, the owner-spouse must reimburse the
IS FOUND TO BE GROUNDLESS.
worth of the building (P50,000) to the CPG
IF THE CONJUGAL PARTNERSHIP OF GAINS IS INSUFFICIENT TO COVER

THE FOREGOING LIABILITIES, THE SPOUSES SHALL BE SOLIDARILY LIABLE
ARTICLE 121. THE CONJUGAL PARTNERSHIP SHALL BE LIABLE FOR:
FOR THE UNPAID BALANCE WITH THEIR SEPARATE PROPERTIES
1. THE SUPPORT OF THE SPOUSES, THEIR COMMON CHILDREN, & THE
LEGITIMATE CHILDREN OF EITHER SPOUSE; HOWEVER, THE
• Charges & Obligations
SUPPORT OF ILLEGITIMATE CHILDREN SHALL BE GOVERNED BY THE
o Liabilities in the CPG enumerated in Art. 121 are largely the same as
PROVISIONS OF THIS CODE ON SUPPORT;
those enumerated In Art. 94 for APC, except for the ff. –
2. ALL DEBTS & OBLIGATIONS CONTRACTED DURING THE
§ Support of illegitimate children
MARRIAGE BY THE DESIGNATED ADMINISTRATOR-SPOUSE FOR § Payment of fines
THE BENEFIT OF THE CPG, OR BY BOTH SPOUSES OR BY ONE OF § Indemnities arising from crimes & quasi-delicts
THEM WITH THE CONSENT OF THE OTHER; o Liabilities shall be chargeable only when CPG benefits from the same
3. DEBTS & OBLIGATIONS CONTRACTED BY EITHER SPOUSE WITHOUT o Burden of proof that a debt was contracted for the benefit of the CPG
THE CONSENT OF THE OTHER TO THE EXTENT THAT THE FAMILY lies with the creditor
MAY HAVE BEEN BENEFITED; § Burden of proof to show the benefit to the CPG falls on the person
4. ALL TAXES, LIENS, CHARGES, & EXPENSES, INCLUDING MAJOR OR claiming that the transaction redounded to the benefit of the
MINOR REPAIRS UPON THE CONJUGAL PARTNERSHIP PROPERTY; family
5. ALL TAXES & EXPENSES FOR MERE PRESERVATION MADE DURING § Benefit must be a direct result of the obligation
THE MARRIAGE UPON THE SEPARATE PROPERTY OF EITHER § Cannot be a by-product or spin-off of the obligation or loan itself
SPOUSE; o Indirect benefits that might accrue to a husband who signs a surety or
guarantee for his employer-corporation (instead of on behalf of his
6. EXPENSES TO ENABLE EITHER SPOUSE TO COMMENCE OR
family) does not constitute a liability that redounds to the benefit of the
COMPLETE A PROFESSION, VOCATIONAL, OR OTHER ACTIVITY
family
FOR SELF-IMPROVEMENT;
§ Even if this supposedly prolongs his employment or increases the
7. ANTENUPTIAL DEBTS OF EITHER SPOUSE INSOFAR AS THEY
value of the shares of stock of some members of the family in the
REDOUNDED TO THE BENEFIT OF THE FAMILY; corporation
§ Creditors in such an instance cannot go against the CPG of the • Proof must be presented to establish benefit redounding to
husband to satisfy the surety agreement CPG
o Ex. Bare allegations of a creditor, without adducing evidence, that a • Mere signing as surety or guarantor does not make said
loan to finance housing obtained by one of the spouses redounds to the person automatically engaged in the profession of said
benefit of the family cannot claim from the conjugal assets suretyship or guaranty, such that any loss arising from the
o CASE: Cobb-Perez v. Lantin – Debts incurred for a commercial same is chargeable to CPG
enterprise for gain or in the exercise of the industry or profession by o HOWEVER, if both spouses sign the agreement, the
the husband, as the administrator of the CPG property & which CPG is liable
contributes to the family, cannot be deemed to be his exclusive debts • Obligation of Husband & Wife
§ CPG is liable for family business debts or for the exercise of o CPG is liable for all obligations contracted by the husband & wife
profession of one or both spouses § Even debts made without consent of one of the spouses for the
o CASE: Ayala Investment & Dev’t Co v. CA – SC tackled the instances benefit of the family is counted
when the debts incurred by one spouse alone are considered to benefit § When a wife signs as a mere witness in a contract, it is already a
the CPG sign of implied consent to a contract of sale executed by her
§ If the husband himself is the principal obligor in the contract, as husband
when he directly received the money or services used in or for his o If a creditor has a claim against spouses H & W of P1,000, CPG shall
business or profession be liable if:
• The contract falls within the term “obligations for the § Both H & W contracted it
benefit of the CPG” § Only one of them contracted, but it benefited their family
• Benefit of the family must be apparent at the time of the o In enforcing the claim against H & W, it is NOT correct for the creditor
signing of the contract to consider them jointly liable
• It must be shown from the very nature of the contract of § He cannot claim P500 from the separate property of H & P500
loans or services, the family stands to benefit from the loan from the separate property of W
or services rendered § He cannot consider both H & W strictly solidarily liable such that
• Failure of business or profession or lack of success is he collects the entire indebtedness from the separate property of
immaterial either H/W
• Family business obligations – considered to redound to the § Creditor MUST enforce the liability on the CPG, not on the
benefit of the family separate properties of H & W individually
§ If the husband acted as the surety or the guarantor & the money • Separate properties of H & W can only be held liable if the
or services are given to another person or entity CPG is insufficient to pay off the indebtedness
• The contract cannot, by itself, be categorized as falling in o CASE: Carandong v. Heirs of Quirino A. De Guzman – When a claim
obligations for the benefit of the CPG is made against spouses, they are being impleaded in their capacity as
• Principal benefit is to debtor, not to family representatives of the CPG & NOT as independent debtors. Hence,
either of them may be sued for the whole amount, like that of a solidary § The non-insolvent wife can be made the sole administrator of the
liability, but the amount is chargeable against their CPG. ACP/CPG
• Solidary Obligation
o If CPG is insufficient to cover debts in Art. 121, creditors may demand
payment from either or any of the spouses with their respective separate ARTICLE 122. THE PAYMENT OF PERSONAL DEBTS CONTRACTED BY THE
properties HUSBAND OR THE WIFE BEFORE OR DURING THE MARRIAGE SHALL NOT
§ The spouse who makes the payment may claim from his spouse BE CHARGED TO THE CONJUGAL PARTNERSHIP EXCEPT INSOFAR AS THEY
only the share which corresponds to him, with interest for the HAVE REDOUNDED TO THE BENEFIT OF THE FAMILY.
payment already due
§ If the payment is made before the debt is due, no interest in the
NEITHER SHALL THE FINES & INDEMNITIES IMPOSED UPON THEM BE
intervening period may be demanded
CHARGED TO THE PARTNERSHIP.
o The separate properties of the husband & wife may also be solidarily
liable if both expressly made themselves liable in a solidary manner in
any obligation contracted by them for the benefit of the ACP/CPG HOWEVER, THE PAYMENT OF THE PERSONAL DEBTS CONTRACTED BY
• Insolvency of Spouses EITHER SPOUSE BEFORE THE MARRIAGE, THAT OF FINES & INDEMNITIES
o So long as CPG subsists, its property cannot be among the assets taken IMPOSED UPON THEM, AS WELL AS THE SUPPORT OF ILLEGITIMATE
possession of by the assignee to satisfy the debts of an insolvent debtor, CHILDREN OF EITHER SPOUSE, MAY BE ENFORCED AGAINST THE
except insofar as the debts redounded to the benefit of the family (Art. PARTNERSHIP ASSETS AFTER THE RESPONSIBILITIES ENUMERATED IN THE
2238, CC) PRECEDING ARTICLE HAVE BEEN COVERED, IF THE SPOUSE WHO IS
o Procedure for insolvency proceedings BOUND SHOULD HAVE NO EXCLUSIVE PROPERTY OR IT SHOULD BE
§ An assignee is appointed who represents the creditors & the INSUFFICIENT; BUT AT THE TIME OF THE LIQUIDATION OF THE
insolvent, whether voluntary or involuntary PARTNERSHIP, SUCH SPOUSE SHALL BE CHARGED FOR WHAT HAS BEEN
§ Assignee takes all the properties of the insolvent & obtains title PAID FOR THE PURPOSES ABOVE-MENTIONED.
thereto
§ He speedily converts the estate, real & personal, into money to • Debts, Fines, Pecuniary Indemnities Incurred Before or During Marriage
settle the debts o Any debts that redound to the benefit of the family are charged to CPG
o Civil Code: Husband is the administrator of the CPG § Includes medical & hospital expenses of the spouses
§ 2nd sentence of Art. 2388, CC: If the husband is insolvent, the o For 3rd par. of Art. 122 to apply, it must be shown that:
administration of the CPG/ACP may be transferred to the wife or § The debts listed in Art. 121 are COVERED
to a 3rd person other than the assignee § The debtor-spouse has insufficient or no exclusive properties to
o Family Code: Husband & wife jointly administer; 2nd sentence of Art. pay the debt involved
2388 still applies § The one who invokes this provision (the creditor) must establish
that the requisites for its applicability are obtaining
o Fines & pecuniary indemnities imposed upon either spouse may be • Personal Obligations of Spouses During the Marriage
charged against the CPG even before the liquidation of the partnership o Personal obligations which do not redound to the benefit of the family
§ Payment must comply with Art. 122, but should not be applied or do not have the consent of the other spouse shall be borne solely by
with so much rigidity as to negate the claims of aggrieved the debtor spouse & his separate property
creditors o Where a spouse incurs an obligation for his sole benefit, it cannot be
§ SC – Art. 122’s wording shows that it is meant to be applied even charged to the CPG
before the liquidation of the CPG § Ex. If a husband leaves the conjugal home & his family, & incurs
• However, when it comes to civil fines that come with an obligation at that time, he cannot claim that said obligation
criminal convictions, proofs required should not be of the redounded to the benefit of the family
most exacting kind. Ordinary credibility shall suffice. o Personal obligations incurred DURING marriage that do not redound
• Difference from the ACP Rules to the benefit of the family are not given by law the same advance-
o CPG – liable for the personal debts, fines & indemnities of either reimbursement mechanism in Art. 122
spouse only: § Art. 122, par. 3 only discusses personal obligations contracted by
§ AFTER payment of all obligations in Art. 121 & either spouse BEFORE the marriage that do not redound to the
§ When the separate property of the spouse is insufficient or benefit of the family
inexistent § CPG thus has no duty to make a payment in advance for
§ In CPG, there is no duty to make advance payments for the crimes the liability of the debtor-spouse who shall be reimbursed
or quasi-delict of a spouse or paid at the time of the liquidation
o ACP – such liabilities may be charged against the community only • Computation
§ In case the separate property of the spouse is insufficient o Justice Caguioa computation:
§ Reason: In ACP, spouses may have less or no separate property § Husband’s share – P50,000
§ In ACP, liabilities incurred by a spouse by reason of a crime or § Wife’s share – P50,000
quasi-delict are chargeable to the ACP in the absence or § Amount advanced for personal debt of husband – P10,000
insufficiency of exclusive property of the erring spouse § (Husband’s share – amount advanced) = P40,000
§ CASE: Spouses Buado v. CA – For an obligation to be chargeable § The P10,000 will go to the partnership assets, which shall be
against the CPG, there must have been a benefit that has divided again between the spouses
redounded to the CPG. This is unlike ACP, where liabilities § Caguioa states that considering the personal debts as partnership
incurred by spouses by reason of crimes committed (evidently not assets will not change the computation
redounding to the benefit of the family) can be taken out of the o Take note of Art. 129
ACP fund in the absence of exclusive property of the debtor- § After the inventory, amounts advanced by the CPG in payment of
spouse. personal debts & obligations of either spouse shall be credited to
the CPG as an asset thereof
§ Only then can the net remainder be determined
§ Despite these steps, the result will basically be the same; the only ABSENCE OF SUCH AUTHORITY OR CONSENT, ANY DISPOSITION OR
difference would be the procedure (Justice Caguioa) ENCUMBRANCE SHALL BE VOID.
HOWEVER, THE TRANSACTION SHALL BE CONSTRUED AS A CONTINUING

ARTICLE 123. WHATEVER MAY BE LOST DURING THE MARRIAGE IN ANY OFFER ON THE PART OF THE CONSENTING SPOUSE & THE 3RD PERSON, &
GAME OF CHANCE, OR IN BETTING, SWEEPSTAKES OR ANY OTHER KIND MAY BE PERFECTED AS A BINDING CONTRACT UPON ACCEPTANCE BY
OF GAMBLING WHETHER PERMITTED OR PROHIBITED BY LAW, SHALL BE THE OTHER SPOUSE OR AUTHORIZATION BY THE COURT BEFORE THE
BORNE BY THE LOSER & SHALL NOT BE CHARGED TO THE CONJUGAL OFFER IS WITHDRAW BY EITHER OR BOTH OFFERORS.
PARTNERSHIP OF GAINS BUT ANY WINNINGS THEREFROM SHALL FORM
PART OF THE CONJUGAL PARTNERSHIP OF GAINS.
• Game of Chance ARTICLE 125. NEITHER SPOUSE MAY DONATE ANY CONJUGAL
o CPG must not be put to use less risk through highly speculative PARTNERSHIP PROPERTY WITHOUT THE CONSENT OF THE OTHER.
activities of any kind, even those that are legal HOWEVER, EITHER SPOUSE MAY, WITHOUT THE CONSENT OF THE OTHER
o Winnings – go to CPG (considered as income of the separate SPOUSE, MAKE MODERATE DONATIONS FOR CHARITY OR ON THE
property/CPG)
OCCASIONS OF A FAMILY REJOICING OR FAMILY IN DISTRESS.
o Losses – charged to separate property of risking spouse
• Identity of Provisions
o Art. 124 & 125 are the same as Art. 96 & 98 for ACP
ARTICLE 124. THE ADMINISTRATION & ENJOYMENT OF THE CONJUGAL o If the marriage settlement states that CPG will govern a marriage, but
PARTNERSHIP SHALL BELONG TO BOTH SPOUSES JOINTLY. IN CASE OF that the sharing will not be equal upon liquidation, such unequal
DISAGREEMENT, THE HUSBAND’S DECISION SHALL PREVAIL, SUBJECT TO sharing will not affect the joint administration of the spouses during the
RECOURSE TO THE COURT BY THE WIFE FOR A PROPER REMEDY, WHICH marriage on equal footing, unless the contrary is also provided in the
MUST BE AVAILED OF WITHIN 5 YEARS FROM THE DATE OF THE CONTRACT settlement (also true with ACP)
IMPLEMENTING SUCH DECISION. o Conjugal properties belong equally to husband & wife
§ Any alienation made by H without consent of W prejudices her
IN THE EVENT THAT ONE SPOUSE IS INCAPACITATED OR IS OTHERWISE insofar as it includes a part or the whole of the W’s share & is, to
UNABLE TO PARTICIPATE IN THE ADMINISTRATION OF THE CONJUGAL that extent, invalid
PROPERTIES, THE OTHER SPOUSE MAY ASSUME SOLE POWER OF § However, during the marriage, the interest of each spouse is
ADMINISTRATION. THESE POWERS DO NOT INCLUDE THE POWERS OF merely inchoate – cannot be determined in definite & concrete
specifications until & after the liquidation of the same
DISPOSITION OR ENCUMBRANCE WHICH MUST HAVE THE AUTHORITY OF
THE COURT OR THE WRITTEN CONSENT OF THE OTHER SPOUSE. IN THE
• In cases of disposition of property by H over the objection because he is absent, (2) he & the wife are separated in fact, or (3)
of W, W is given the right to file a case to nullify or annul he has abandoned the other, or (4) consent is withheld
the entire contract as a whole o Judicial Guardianship Proceeding (Rule 93, 1964 Revised Rules of
• If H, without knowledge & consent of W, sells or Court)
encumbers a conjugal property, such sale is VOID § When the spouse is not merely incapacitated, but is
• If the sale is with knowledge but without consent, such sale INCOMPETENT
is ANNULLABLE at the instance of the W • Comatose, suffering a stroke, without motor or mental
o W is given 5 years from the date of the contract faculties
implementing the decision of H to institute the case • In such a case, the proper remedy is the appointment of a
• In case it is an act of administration with knowledge but judicial guardian of the person, estate, or both incompetent
without the consent of the W, the contract is merely • Even if the wife becomes the sole administrator, she still
RESCISSIBLE, at the instance of the W must also exercise the powers & duties of a guardian
o W is given 5 years from the implementation of the • If a spouse desires to sell real property as such
contract administrator of the CPG, he must observe the Rules for
o When the buyers know that they bought CPG property & bought it from the sale of the ward’s estate required of judicial guardians
the husband without the wife’s consent, the sale is totally void § Non-compliance will render any sale VOID
§ However, the purchase price must be returned to the buyers with • If the other spouse is an incompetent, the administrator
interest (principle of unjust enrichment) spouse cannot obtain permission from the court to sell CPG
o If one spouse is incapacitated or unable to participate in the property through a summary proceeding; such sale would
administration of the CPG, same rule as ACP applies be VOID
§ Any alienation or encumbrance by the capacitated spouse of any
ACP/CPG without consent of the incapacitated spouse or without
court approval is VOID ARTICLE 126. THE CONJUGAL PARTNERSHIP TERMINATES:
§ If the “contract” is later approved by the court or by the spouse, 1. UPON THE DEATH OF EITHER SPOUSE;
there is no retroactive effect – contract thereby perfected is an 2. WHEN THERE IS A DECREE OF LEGAL SEPARATION;
entirely NEW transaction
3. WHEN THE MARRIAGE IS ANNULLED OR IS DECLARED VOID; OR
• Nature of Proceedings
4. IN CASE OF JUDICIAL SEPARATION OF PROPERTY DURING THE
o Summary procedure (Title XI, FC) – applies to par. 1 of Art. 124
MARRIAGE UNDER ART. 134 & 138.
§ Annulment of the husband’s decision in the administration &
enjoyment of the CPG in case the husband’s decision conflicts
with the wife’s • Termination of the CPG
§ Also, when the husband’s consent is needed to participate in the o Art. 126 = same as Art. 99 for ACP
administration, sell or encumber, but (1) he is incapacitated
o Rules of partnership apply only in a suppletory character EXCEPT 2. WHEN THE CONSENT OF ONE SPOUSE TO ANY TRANSACTION OF
upon dissolution of the CPG – at this point, the rules of partnership will THE OTHER IS REQUIRED BY LAW, JUDICIAL AUTHORIZATION
not apply SHALL BE OBTAINED IN A SUMMARY PROCEEDING;
o Upon death, the ACP/CPG will terminate for the ff. reasons: 3. IN THE ABSENCE OF SUFFICIENT CONJUGAL PARTNERSHIP
§ When the marriage is dissolved, the cause that brought about the PROPERTY, THE SEPARATE PROPERTY OF BOTH SPOUSES SHALL BE
community ceases, for the principles of an ordinary partnership
SOLIDARILY LIABLE FOR THE SUPPORT OF THE FAMILY. THE SPOUSE
are not applicable to this community, which is governed by special
PRESENT SHALL, UPON PETITION IN A SUMMARY PROCEEDING, BE
rules
GIVEN JUDICIAL AUTHORITY TO ADMINISTER OR ENCUMBER ANY
§ In the absence of reasons that induced the legislator to establish it,
SPECIFIC SEPARATE PROPERTY OF THE OTHER SPOUSE & USE THE
the provisions of law governing the subject should cease to have
any effect for the community of property is admissible & proper FRUITS & INCOME THEREOF TO SATISFY THE LATTER’S SHARE
insofar as it conforms to unity of life, which terminates upon the
death of either partner • Effect of Separation
§ The partnership is created by law & has no object; it is unsafe to o Art. 127 – same as Art. 100 for ACP
extend it on the pretext of tacit consent o Art. 127 (2) – When the consent of one spouse is required by law,
o Since the rules of partnership do not apply upon the dissolution of the judicial authorization shall be obtained in a summary proceeding
CPG – § Immaterial whether the party is guilty; the one who unjustifiably
§ Whatever is acquired by the surviving spouse on the dissolution separates himself may avail of this remedy provided by law
of the partnership by death or presumption of death, or for other o Art. 127 (3) – Any debt incurred to support the family is a liability to
reasons, whether the acquisition was made by his labor, or the CPG
industry, or whether by onerous or lucrative title, forms part of his § Even the guilty spouse who left the home without justifiable
capital already reasons can charge the CPG for debts incurred for the benefit of
§ Heirs or estate of his spouse can no longer claim a share of the the family
property of the other spouse after the dissolution of the CPG § Separation in fact does not justify the non-liability of the CPG
ARTICLE 127. THE SEPARATION IN FACT BETWEEN THE HUSBAND & WIFE ARTICLE 128. IF A SPOUSE WITHOUT JUST CAUSE ABANDONS THE OTHER
SHALL NOT AFFECT THE REGIME OF CONJUGAL PARTNERSHIP, EXCEPT OR FAILS TO COMPLY WITH HIS OR HER OBLIGATIONS TO THE FAMILY,
THAT: THE AGGRIEVED SPOUSE MAY PETITION THE COURT FOR RECEIVERSHIP,
1. THE SPOUSE WHO LEAVES THE CONJUGAL HOME OR REFUSES TO FOR JUDICIAL SEPARATION OF PROPERTY, OR FOR AUTHORITY TO BE THE
LIVE THEREIN, WITHOUT JUST CAUSE, SHALL NOT HAVE THE RIGHT SOLE ADMINISTRATOR OF THE CONJUGAL PARTNERSHIP PROPERTY,
TO BE SUPPORTED; SUBJECT TO SUCH PRECAUTIONARY CONDITIONS AS THE COURT MAY
IMPOSE.
THE OBLIGATIONS TO THE FAMILY MENTIONED IN THE PRECEDING INSUFFICIENCY IN SAID ASSETS, THE SPOUSES SHALL BE
PARAGRAPH REFER TO MARITAL, PARENTAL, OR PROPERTY RELATIONS. SOLIDARILY LIABLE FOR THE UNPAID BALANCE WITH THEIR
SEPARATE PROPERTIES, IN ACCORDANCE WITH THE PROVISIONS
A SPOUSE IS DEEMED TO HAVE ABANDONED THE OTHER WHEN HE OR OF ART. 121, PAR. 2;
SHE HAS LEFT THE CONJUGAL DWELLING WITHOUT INTENTION OF 5. WHATEVER REMAINS OF THE EXCLUSIVE PROPERTIES OF THE
RETURNING. THE SPOUSE WHO HAS LEFT THE CONJUGAL DWELLING FOR SPOUSES SHALL THEREAFTER BE DELIVERED TO EACH OF THEM;
A PERIOD OF 3 MONTHS OR HAS FAILED WITHIN THE SAME PERIOD TO 6. UNLESS THE OWNER HAD BEEN INDEMNIFIED FROM WHATEVER
GIVE ANY INFORMATION AS TO HIS OR HER WHEREABOUTS SHALL BE SOURCE, THE LOSS OR DETERIORATION OF MOVABLES USED FOR
PRIMA FACIE PRESUMED TO HAVE NO INTENTION OF RETURNING TO THE THE BENEFIT OF THE FAMILY, BELONGING TO EITHER SPOUSE,
CONJUGAL DWELLING. EVEN DUE TO FORTUITOUS EVENT, SHALL BE PAID TO SAID SPOUSE
FROM THE CONJUGAL FUNDS, IF ANY;
• Abandonment 7. THE NET REMAINDER OF THE CONJUGAL PARTNERSHIP
o Art. 128 is the same as Art. 101 for ACP; same explanations also apply PROPERTIES SHALL CONSTITUTE THE PROFITS, WHICH SHALL BE
o Gives the aggrieved spouse, who is the co-owner of the properties, the DIVIDED EQUALLY BETWEEN THE HUSBAND & WIFE, UNLESS A
right to bring an action to protect his interest & his rights EVEN DIFFERENT PROPORTION OR DIVISION WAS AGREED UPON IN THE
BEFORE the liquidation or dissolution of the CPG/ACP MARRIAGE SETTLEMENTS OR UNLESS THERE HAS BEEN
VOLUNTARY WAIVER OR FORFEITURE OF SUCH SHARE AS
PROVIDED IN THIS CODE;
ARTICLE 129. UPON THE DISSOLUTION OF THE CONJUGAL PARTNERSHIP 8. THE PRESUMPTIVE LEGITIMES OF THE COMMON CHILDREN SHALL
REGIME, THE FOLLOWING PROCEDURE SHALL APPLY: BE DELIVERED UPON PARTITION IN ACCORDANCE WITH ART. 51;
1. AN INVENTORY SHALL BE PREPARED, LISTING SEPARATELY ALL THE 9. IN THE PARTITION OF THE PROPERTIES, THE CONJUGAL DWELLING
PROPERTIES OF THE CONJUGAL PARTNERSHIP GAINS & THE & THE LOT ON WHICH IT IS SITUATED SHALL, UNLESS OTHERWISE
EXCLUSIVE PROPERTIES OF EACH SPOUSE; AGREED UPON BY THE PARTIES, BE ADJUDICATED TO THE SPOUSE
2. AMOUNTS ADVANCED BY THE CPG IN PAYMENT OF PERSONAL WITH WHOM THE MAJORITY OF THE COMMON CHILDREN
DEBTS & OBLIGATIONS OF EITHER SPOUSE SHALL BE CREDITED TO CHOOSE TO REMAIN. CHILDREN BELOW THE AGE OF 7 ARE
THE CONJUGAL PARTNERSHIP AS AN ASSET; DEEMED TO HAVE CHOSEN THE MOTHER, UNLESS THE COURT HAS
3. EACH SPOUSE SHALL BE REIMBURSED FOR THE USE OF HIS OR HER DECIDED OTHERWISE. IN CASE THERE IS NO SUCH MAJORITY, THE
EXCLUSIVE FUNDS IN THE ACQUISITION OF PROPERTY OR FOR THE COURT SHALL DECIDE, TAKING INTO CONSIDERATION THE BEST
VALUE OF HIS OR HER EXCLUSIVE PROPERTY, THE OWNERSHIP OF INTEREST OF THE CHILDREN.
WHICH HAS BEEN VESTED BY LAW IN THE CPG;
4. THE DEBTS & OBLIGATIONS OF THE CONJUGAL PARTNERSHIP
SHALL BE PAID OUT OF THE CONJUGAL ASSETS. IN CASE OF
• Liquidation of Partnership for which the spouse was made liable & which did not redound to
o 3 ways to liquidate a CPG: the benefit of the family, are all considered as assets (Art. 122)
§ Extrajudicial settlement o Property bought by installments under Art. 118, where conjugal funds
§ Ordinary action of partition & separate funds were both used & where the property was owned
§ Intestate or testate proceedings separately by either of the spouses
• Step 1: Inventory § The amount of conjugal funds used to complete the purchase is
o All properties or assets at the time of the dissolution must be also an asset to the CPG
inventoried, itemized & valued; includes: o Advances made by the CPG involving charges relative to onerous
§ The CPG property donations made in favor of a particular spouse (Art. 114)
§ The separate properties of the spouses • Step 3: Reimbursement in Favor of Partnership
o Art. 132, Rules of Court on the administration of the estate of deceased o If separate funds of any of the spouses are used to buy conjugal
persons shall be observed in the appraisal & sale of property of the CPG property, the amount shall be reimbursed to the spouse
o It is an error to determine the amount to be divided by adding up the o CPG should also reimburse the spouse for the value of exclusive
profits which were made each year by the community’s continuance & properties, the ownership of which is vested by law in the CPG (ex.
saying that the result thereof is that amount Art. 120)
o In the appraisal of the properties, it is the market value or, in default o CASE: In re: Padilla – A building separately owned by the wife was
thereof, the assessed value at the time of liquidation that must be torn down to make way for the construction of a new building, which
considered was owned by the CPG. SC ruled that the CPG should pay the spouse
§ NOT the purchase value for the value of the torn building at the time of liquidating, as the tearing
o The process of liquidation may take some time; if the proceedings take down benefited the partnership
a long time & the values suffer some alterations, there is nothing to § This is true even if the building torn down supposedly no longer
prevent a new valuation when the last stage is reached (i.e., the actual has any value; its value comes with the fact that the new building
division or partition) so long as ALL the properties are newly appraised was made because the old building was torn down
in reference to the same period • Step 4: Payment of Debts & Obligations of Partnership
§ There is no law or doctrine that a prior appraisal is conclusive o Debts & obligations of CPG (like those in Art. 121) should be paid
upon the parties & the courts o Remember that under Art. 129, the reimbursement of the spouses for
• Step 2: Credits in Favor of Partnership advances they made in favor of the CPG or for the value of their
o Any amount advanced during the marriage by the CPG in favor of any separate property which, by law, vested to the CPG, must be paid first
of the spouses shall be credited to the CPG as an asset before the payment of the debts in Art. 121
§ Ex. Support of illegitimate child of either spouse, personal debts o Construction of tombstones or mausoleums & other funeral expenses
contracted before the marriage which did not redound to the are chargeable to CPG if deceased is one of the spouses (Art. 310, CC)
benefit of the family, payment of fines or pecuniary indemnities o In case of insufficiency of said assets, spouses shall be solidarily liable
for the unpaid balance with their separate properties
• Step 5: Delivery of Separate Properties ACP CPG
o Exclusive properties owned by either of the spouses should be returned
What spouses All their property, from 1) Fruits of their separate
• Step 6: Division of Net Remainder
separately put before or after the marriage, property
o Net remainder = the profits of the CPG property
into the except those which are 2) Income from their work or
§ Until a liquidation has been made, it is impossible to say Q/N there
marriage excepted under the law industry
will be a net remainder to divide between the parties
What spouses Whatever is left of the 1) All net gains or benefits
o Sharing = equal, unless a different proportion is agreed upon in the
get back after separate properties will be obtained indiscriminately by
marriage settlement OR a voluntary, valid waiver of such share
the marriage returned to the spouses in either spouse during the
§ A valid waiver can only be made upon a JSOP or after the
equal amounts, after marriage will be divided
marriage has been dissolved or annulled; must also be contained
deducting debts, etc. equally
in a public instrument
2) If the CPG is enriched at the
o How bad faith affects share of the bad faith spouse
expense of the separate
§ Annulment & void under Art. 40 – forfeits his share in the net
properties of either spouse,
profits of the CPG in favor of the common children, the children
said spouse will be restituted
of the guilty spouse by a previous marriage, or the innocent spouse
the value of the property
• Net profits = (MV of the community property at the time
of dissolution – MV at the time of celebration)
• Step 7: Delivery of the Presumptive Legitime
§ Legal Separation – forfeits his share in the net profits
o Delivery of presumptive legitime can be done only after a final
§ Void marriage, Art. 147/148 & only 1 party is in good faith – share
judgment
of the bad faith spouse shall be forfeited in favor of their common
o Computation of value of presumptive legitime & who can ask for
children.
delivery are under Art. 51 of FC
• In case of default of or waiver by any or all of the common
o According to Art. 51, delivery is needed only in cases of:
children or their descendants, each vacant share shall
§ JD of annulment of marriage under Art. 45
belong to the respective surviving descendants
§ JD of nullity of marriage falling under Art. 40, 52, 53
• In the absence of descendants, the share will belong to the o Not delivered in cases of:
innocent party § JD of legal separation
§ In all cases: Forfeiture takes place upon termination of § Nullity of marriage not because of Art. 40, 52, 53
cohabitation o Delivery shall also be provided for in the final judgment
§ Children, their guardians, or the trustee of their property may ask
for the enforcement of the judgment (Art. 51, last par.)
o Value of presumptive legitime of all the children is computed as of the
date of the final judgment of the trial court, & shall be delivered in cash,
property, or sound securities, unless the parties, by mutual agreement o CASE: Estonia v. CA – When the TCT states the owner as married to
judicially approved, have already provided for such matters (Art. 51) someone but there is no proof that the property was acquired during the
marriage, the property shall be considered as owned by the person
• Conjugal Dwelling stated in the certificate despite a description that he is married to
o Unless otherwise agreed upon by the parties, in the partition of someone. It shall not be conjugal
properties, the conjugal dwelling & lot is adjudicated to the spouse with § Statement that the owner is married in a TCT does not give rise to
whom most of the children choose to reside the presumption of conjugality
o Children under the age of 7 are automatically presumed to have chosen § In case of the death of the owner, this exclusive property shall be
their mother, unless the court decides otherwise co-owned by the surviving spouse & his heirs
o If there is no majority, the court shall decide, taking into consideration • Creditors of the surviving spouse can only attach the share or interest of the
the best interests of the children surviving spouse to the co-ownership & not the whole estate of the dead
(that would prejudice other heirs)
ARTICLE 130. UPON THE TERMINATION OF THE MARRIAGE BY DEATH, THE

CONJUGAL PARTNERSHIP PROPERTY SHALL BE LIQUIDATED IN THE SAME ARTICLE 131. WHENEVER THE LIQUIDATION OF THE CONJUGAL
PROCEEDING FOR THE SETTLEMENT OF THE ESTATE OF THE DECEASED. PARTNERSHIP PROPERTIES OF 2 OR MORE MARRIAGES CONTRACTED BY
THE SAME PERSON PRIOR TO THE EFFECTIVITY OF THIS CODE IS CARRIED
IF NO JUDICIAL SETTLEMENT PROCEEDING IS INSTITUTED, THE SURVIVING OUT SIMULTANEOUSLY, THE RESPECTIVE CAPITAL, FRUITS & INCOME OF
SPOUSE SHALL LIQUIDATE THE CONJUGAL PARTNERSHIP PROPERTY EACH PARTNERSHIP SHALL BE DETERMINED UPON SUCH PROOF AS MAY
EITHER JUDICIALLY OR EXTRA-JUDICIALLY WITHIN 1 YEAR FROM THE BE CONSIDERED ACCORDING TO THE RULES OF EVIDENCE. IN CASE OF
DEATH OF THE DECEASED SPOUSE. IF UPON THE LAPSE OF THE 1-YEAR DOUBT AS TO WHICH PARTNERSHIP THE EXISTING PROPERTIES BELONG,
PERIOD NO LIQUIDATION IS MADE, ANY DISPOSITION OR THE SAME SHALL BE DIVIDED BETWEEN & AMONG THE DIFFERENT
ENCUMBRANCE INVOLVING THE CONJUGAL PARTNERSHIP PROPERTY PARTNERSHIPS IN PROPORTION TO THE CAPITAL & DURATION OF EACH.
OF THE TERMINATED MARRIAGE SHALL BE VOID. • Simultaneous Liquidation of CPG Constituted Prior to FC
o Basically, the same application as that of Art. 104
SHOULD THE SURVIVING SPOUSE CONTRACT A SUBSEQUENT MARRIAGE o Refers to at least 2 marriages contracted prior to Aug. 3, 1988
WITHOUT COMPLIANCE WITH THE FOREGOING REQUIREMENTS, A o Involves a situation where the community properties of each marriage
MANDATORY REGIME OF COMPLETE SEPARATION OF PROPERTY SHALL are to be liquidated simultaneously
o Determination of the inventoried properties, including their fruits &
GOVERN THE PROPERTY RELATIONS OF THE SUBSEQUENT MARRIAGE.
income, depends upon the proofs presented by the contending
claimants in accordance with the rules of evidence
• Identity of Provisions
o Art. 130 – Same as Art. 103 of ACP; explanations apply
o In case of doubt, the properties will be divided between or among the • Advancement
different communities in proportion to the CAPITAL & DURATION o Once a spouse dies, the surviving spouse & the children become co-
of each heirs of the estate left by the deceased
§ CASE: Dael v. IAC – If 1st marriage lasted 14 years & the 2nd § They are allowed, during liquidation, to get certain amounts to
lasted 15, the share of the heirs of the 1st marriage in the inventory support themselves, as they technically own it
listed is 14/29, while those in the 2nd get 15/29. Excluded are any § Amount must at least be equivalent to the fruits or rent arising
properties that belong to the estate of the deceased spouse, as from the share which they will eventually obtain after liquidation
inheritance from his parents (in other words, any exclusive § If what they get exceeds the fruits of their share, the excess shall
property of either spouse is excluded) be taken from the part of the property which has been given to
o If there are 2 or more conjugal partnership properties of 2 marriages them as their separate property after liquidation
w/c have not yet been liquidated, the subsequent partnership cannot be • Advance of the common mass shall be paid:
liquidated w/o liquidating the prior one § First, by the fruits of their respective share
§ The reason is that the heirs of the 1st marriage could be prejudiced § If what they got exceeded the fruits of their share, the excess shall
by the dissolution of the CPG of the the 2nd marriage w/o the 1st, be taken from the part of the property which has been given to
because the division, in case of doubt, should be based on the them as their separate property after liquidation
capital & duration — thus the children of the 1st marriage should o Allowances for support to the children & the spouse of the deceased
also be notified of the proceedings pending liquidation are subject to collation & deductible from their
share of the inheritance insofar as they exceed what they are entitled to
as fruits or income
ARTICLE 132. THE RULES OF COURT ON THE ADMINISTRATION OF ESTATES o ONLY the surviving spouse & the children are entitled to get the
OF DECEASED PERSONS SHALL BE OBSERVED IN THE APPRAISAL & SALE allowance for support In Art. 133
OF PROPERTY OF THE CONJUGAL PARTNERSHIP, & OTHER MATTERS § Other heirs, like grandchildren, are not included
WHICH ARE NOT EXPRESSLY DETERMINED IN THIS CHAPTER. § Even if the children are already of age, gainfully employed or
married, they may still enjoy these rights
o SC has held that the expense of the maintenance & support of a widow
at the time when the CPG had not yet been liquidated was properly
ARTICLE 133. FROM THE COMMON MASS OF PROPERTY SUPPORT SHALL
borne by the administrator of the deceased husband, but the
BE GIVEN TO THE SURVIVING SPOUSE & TO THE CHILDREN DURING THE
expenditure was mere advancement, to be deducted from the share
LIQUIDATION OF THE INVENTORIED PROPERTY & UNTIL WHAT BELONGS
pertaining to the heirs of the widow insofar as it exceeds what they are
TO THEM IS DELIVERED; BUT FROM THIS SHALL BE DEDUCTED THE AMOUNT entitled to as fruits or income
RECEIVED FOR SUPPORT WHICH EXCEEDS THE FRUITS OR RENTS § There must be a showing of the source from which the funds used
PERTAINING TO THEM for the maintenance & support of the widow were derived
§ If the amount is derived from the net income of her share, such § When the spouses obtain a legal separation
amount should not be charged against her share
ARTICLE 135. ANY OF THE FF. SHALL BE CONSIDERED SUFFICIENT CAUSE

ARTICLE 134. IN THE ABSENCE OF AN EXPRESS DECLARATION IN THE FOR JUDICIAL SEPARATION OF PROPERTY:
MARRIAGE SETTLEMENTS, THE SEPARATION OF PROPERTY BETWEEN 1. THAT THE SPOUSE OF THE PETITIONER HAS BEEN SENTENCED TO A
SPOUSES DURING THE MARRIAGE SHALL NOT TAKE PLACE EXCEPT BY PENALTY WHICH CARRIES WITH IT CIVIL INTERDICTION;
JUDICIAL ORDER. SUCH JUDICIAL SEPARATION OF PROPERTY MAY 2. THAT THE SPOUSE OF THE PETITIONER HAS BEEN JUDICIALLY
EITHER BE VOLUNTARY OR FOR SUFFICIENT CAUSE. DECLARED AN ABSENTEE;
• Judicial Separation of Property (JSOP) 3. THAT THE LOSS OF PARENTAL AUTHORITY OF THE SPOUSE OF THE
o If the husband & wife do not execute a valid marriage settlement before PETITIONER HAS BEEN DECREED BY THE COURT;
their marriage, they cannot, after the marriage, alter their property 4. THAT THE SPOUSE OF THE PETITIONER HAS ABANDONED THE
regime to a separation of property regime without judicial approval LATTER OR FAILED TO COMPLY WITH HIS OR HER OBLIGATIONS TO
§ The same even if separation is by agreement of the parties (Art. THE FAMILY AS PROVIDED IN ART. 101;
136) or for sufficient cause (Art. 135)
5. THAT THE SPOUSE GRANTED THE POWER OF ADMINISTRATION IN
o In most cases, JSOP is sought because the spouses have already
THE MARRIAGE SETTLEMENTS HAS ABUSED THAT POWER;
separated
6. THAT AT THE TIME OF THE PETITION, THE SPOUSES HAVE BEEN
§ In granting a JSOP, Court does not thereby accord recognition to
SEPARATED IN FACT FOR AT LEAST 1 YEAR & RECONCILIATION IS
de facto separation of the spouses
§ It is for the dousing of the momentary seething of emotions HIGHLY IMPROBABLE.
o When there is a JSOP, the marriage subsists
§ Separation of property becomes a property regime IN THE CASES PROVIDED IN NUMBERS (1), (2) & (3), THE PRESENTATION
o Having a JSOP is different form having complete separation of OF THE FINAL JUDGMENT AGAINST THE GUILTY OR ABSENT SPOUSE SHALL
property as your property regime BE ENOUGH BASIS FOR THE GRANT OF THE DECREE OF JUDICIAL
o Instances when COMPLETE separation of property (CSOP) is the SEPARATION OF PROPERTY.
regime:
§ When it is specified in the marriage settlement • Civil Interdiction
§ When a spouse dies & the other remarries without first liquidating o Accessory penalty – deprives the offender, during the time of his
the properties from the former marriage, the 2nd marriage is sentence, of:
governed by CSOP § The rights of parental authority
§ When there is a JDPD & the other remarries without first § Guardianship, either as to the person or property of any ward
liquidating the properties from the former marriage, the 2nd § Marital authority
marriage is governed by CSOP § Right to manage his property
§ Right to dispose of such property by any act or conveyance inter o Final decision decreeing loss of parental authority is enough for the
vivos court to approve JSOP, if the ground for loss of parental authority is
o Final decision of the court rendered against the erring spouse that specified under the law (Art. 229, Art. 231, par. 3, & Art. 232 of
embodying the penalty of civil interdiction is enough for the court to the FC)
approve JSOP • Abandonment & Failure to Comply with the Obligations to the Family
• Declaration of Absence o The concept here is the same as that under Art. 101
o Following rules of Art. 384 of the Civil Code, JD of absence is granted o Abandonment – when the spouse leaves the conjugal dwelling without
when: any intent of returning & with an intent to absolutely forego his or her
§ 2 years have elapsed without any news about the absentee or since family duties
receipt of last news § The spouse who has left the conjugal dwelling for a period of 3
§ 5 years in case the absentee has left a person in charge of the months or has failed within the same period to give any
administration of his property information as to his whereabouts shall be prima facie presumed
o Art. 385, CC - Those who may file for JD of absence: to have no intention of returning to the conjugal dwelling
§ Spouse present § Failure to comply – marital, parental, or property relations
§ Heirs instituted in a will who present an authentic copy of the • Abuse of Administration
same o Marriage settlement may grant sole administration to either spouse; if
§ The relatives who may succeed by the law of intestacy the administrator-spouse abuses his powers of administration, JSOP
§ Those who may have over the property some right subordinated may be availed of by the aggrieved spouse
to the condition of his death o Abuse – willful & utter disregard of the interests of the partnership,
o JD of Absence shall not take effect until 6 months after its publication evidenced by a repetition of deliberate acts &/or omissions prejudicial
in a newspaper of general circulation (Art. 386, CC) to the latter
o Final decision is enough for the court to approve JSOP § Not enough that the administrator-spouse does acts prejudicial to
o Loss of such authority over: the other spouse
§ The common child, whether legitimate or illegitimate, of the § Not sufficient that he commits acts injurious to the ACP/CPG (he
petitioner & the spouse of the petitioner may just be negligent)
§ The child, whether legitimate or illegitimate, of the petitioner with § Not enough that the administrator spouse does not send updates
another person on the family business
o One of the liabilities of the ACP/CPG = support of the common • Separation in Fact
children & the legitimate children of either spouse (Art. 94 [1) & o Spouses have been separated in fact for at least 1 year at the time of the
121[1]) petition
o Subject to reimbursement, liabilities also include support of the o Reconciliation is highly improbable
illegitimate children, granted certain conditions (Art. 94 [9] & 122)
o Reason for this ground: Exposure of ACP/CPG may extend to children
who may not even be related to one of the spouses
ARTICLE 136. THE SPOUSES MAY JOINTLY FILE A VERIFIED PETITION WITH o In case one of the spouses waives his interests, any creditor of the
THE COURT FOR THE VOLUNTARY DISSOLUTION OF THE ABSOLUTE spouse who made the waiver can petition to rescind the waiver to the
COMMUNITY PROPERTY OR CONJUGAL PROPERTY GAINS, & FOR THE extent of the amount sufficient to cover the amount of the credit (Art.
SEPARATION OF THEIR COMMON PROPERTIES. 89 & 107)
o CASE: De Ugalde v. De Yasi – If the judgment by way of compromise
agreement has become final & executory, the fact that the creditors
ALL CREDITORS OF THE ABSOLUTE COMMUNITY PROPERTY OR
were not notified will not invalidate such a judgment
CONJUGAL PROPERTY GAINS, AS WELL AS THE PERSONAL CREDITORS OF
§ A judgment on a compromise agreement has all the force & effect
THE SPOUSE, SHALL BE LISTED IN THE PETITION & NOTIFIED OF THE FILING
of any other judgment
THEREOF. THE COURT SHALL TAKE MEASURES TO PROTECT THE CREDITORS
§ Conclusive only upon the parties thereto, & not upon 3rd persons
& OTHER PERSONS WITH PECUNIARY INTEREST. who are not parties to it
• Voluntary Separation
o Before separation, there must be court approval
ARTICLE 137. ONCE THE SEPARATION OF PROPERTY HAS BEEN DECREED,
§ No court approval = VOID, even if parties agree already
THE ABSOLUTE COMMUNITY PROPERTY OR CONJUGAL PROPERTY GAINS
o There need not be any reason for the conversion as long as the parties
SHALL BE LIQUIDATED IN CONFORMITY WITH THIS CODE.
agree
§ BUT if the parties state a reason & it is against public policy, the
court must reject the agreement DURING THE PENDENCY OF THE PROCEEDINGS FOR SEPARATION OF
o Petition may even embody the plan or scheme as to how the properties PROPERTY, THE ABSOLUTE COMMUNITY PROPERTY OR CONJUGAL
are to be separated, which will be granted by court if it’s not against PROPERTY GAINS SHALL PAY FOR THE SUPPORT OF THE SPOUSES & THEIR
public policy CHILDREN.
o The agreement for the division of the ACP/CPG must be equal unless:
§ A different proportion or division has been agreed upon in the • Liquidation
marriage settlement or o Process laid down in Art. 102 & 129 will be observed
§ There has been a valid waiver of such share (Art. 102[4] & § BUT the delivery of presumptive legitime need not be complied
129[7]). A valid waiver may be made upon JSOP with
o Agreement for voluntary JSOP – takes effect from the time of the • Delivery only applies in annulled marriages & those null
judicial order under Art. 40
§ NOT from the signing of the agreement by the parties o During the pendency of the proceedings for JSOP, ACP/CPG will pay
o All the creditors of the ACP/CPG & the personal creditors of the for the support of the spouses & their children
spouses shall be listed in the petition & notified in the filing o CASE: Maquilan v. Maquilan – A partial voluntary separation of
§ Court will take measures to protect creditors & those with property agreement by parties, duly approved by the court prior to
pecuniary interests JDNOM, is valid
ARTICLE 138. AFTER DISSOLUTION OF THE ABSOLUTE COMMUNITY ARTICLE 141. THE SPOUSES MAY, IN THE SAME PROCEEDINGS WHERE
PROPERTY OR CONJUGAL PROPERTY GAINS, THE PROVISION ON SEPARATION OF PROPERTY WAS DECREED, FILE A MOTION IN COURT FOR
COMPLETE SEPARATION OF PROPERTY SHALL APPLY. A DECREE REVIVING THE PROPERTY REGIME THAT EXISTED BETWEEN THEM
• Dissolution BEFORE THE SEPARATION OF PROPERTY IN ANY OF THE FF. INSTANCES:
o In JSOP, whether voluntary or involuntary, mere filing of the petition 1. WHEN THE CIVIL INTERDICTION TERMINATES;
to initiate the proceeding will not automatically dissolve the ACP/CPG 2. WHEN THE ABSENTEE SPOUSE REAPPEARS;
o It is the FINALITY of the decision of the court decreeing JSOP which 3. WHEN THE COURT, BEING SATISFIED THAT THE SPOUSE GRANTED
dissolves the same THE POWER OF ADMINISTRATION IN THE MARRIAGE SETTLEMENTS
o Only from that time that the complete separation of property starts WILL NOT AGAIN ABUSE THAT POWER, AUTHORIZES THE
§ THUS, as to properties each of the spouses acquire during the
RESUMPTION OF SAID ADMINISTRATION;
trial, it may still form part of the ACP/CPG
4. WHEN THE SPOUSE WHO HAS LEFT THE CONJUGAL HOME
o But properties acquired AFTER the decree of JSOP, the same shall
WITHOUT A DECREE OF LEGAL SEPARATION RESUMES COMMON
belong exclusively to either of them independently of the ACP/CPG
LIFE WITH THE OTHER;
5. WHEN THE PARENTAL AUTHORITY IS JUDICIALLY RESTORED TO THE
SPOUSE PREVIOUSLY DEPRIVED THEREOF;
ARTICLE 139. THE PETITION FOR SEPARATION OF PROPERTY & THE FINAL
6. WHEN THE SPOUSES WHO HAVE SEPARATED IN FACT FOR AT
JUDGMENT GRANTING THE SAME SHALL BE RECORDED IN THE PROPER
LEAST 1 YEAR, RECONCILE & RESUME COMMON LIFE;
LOCAL CIVIL REGISTRIES & REGISTRIES OF PROPERTY.
7. WHEN AFTER VOLUNTARY DISSOLUTION OF THE ABSOLUTE
COMMUNITY PROPERTY OR CONJUGAL PROPERTY GAINS HAS
BEEN JUDICIALLY DECREED UPON THE JOINT PETITION OF THE
ARTICLE 140. THE SEPARATION OF PROPERTY SHALL NOT PREJUDICE THE
SPOUSES, THEY AGREE TO THE REVIVAL OF THE FORMER PROPERTY
RIGHTS PREVIOUSLY ACQUIRED BY CREDITORS.
REGIME. NO VOLUNTARY SEPARATION OF PROPERTY MAY
THEREAFTER BE GRANTED.
• Rights of Creditors
o Recording in the civil registry of the petition for separation of property
& the final judgment THE REVIVAL OF THE FORMER PROPERTY REGIME SHALL BE GOVERNED
§ Aids creditors in determining which properties are conjugal or BY ART. 67.
exclusive
o Creditors may petition to rescind any waivers made by a spouse to the • Revival of Previous Property Regime
extent of the amount sufficient to cover the amount of the credit o Termination of causes under Art. 135 (involuntary JSOP) constitutes
grounds to be able to revive the previous property regime (not
automatic)
§ Clearly set out in Art. 141 (1) to (6)
o Where the previous property regime is separated based on IF THE OTHER SPOUSE IS NOT QUALIFIED BY REASON OF INCOMPETENCE,
voluntary JSOP, the parties can revive the same upon petition in CONFLICT OF INTEREST, OR ANY OTHER JUST CAUSE, THE COURT SHALL
court APPOINT A SUITABLE PERSON AS ADMINISTRATOR
§ HOWEVER, no voluntary JSOP may thereafter be granted
o But if the basis for the initial JSOP is Art. 135 (involuntary), a JSOP • Guardian
may thereafter be granted again o When a spouse is appointed the guardian of his spouse, he may likewise
• Judicial Proceeding for Revival be constituted as the administrator of the estate of the other spouse
o To revive the previous property regime, spouses must file a motion in o Since spouse is already obliged to live with & take care of his spouse
the same court proceeding where JSOP was decreed to revive their pre- • Absentee & Civil Interdiction
JSOP regime o Same as in Art. 135 (1) & (2)
o Agreement to revive shall be executed under oath & shall specify: o Fugitive from Justice
§ The properties to be contributed anew in the restored regime o One who, having committed or having been accused of a crime in one
§ Those to be retained as separate properties of each spouse jurisdiction is absent for any reason from that jurisdiction
§ The names of all their known creditors, address & the amounts o One who flees to avoid punishment
owed to each • Other Persons as Guardian
o Copies of the agreement of revival & the motion for its approval shall
o Court shall appoint a suitable person to be the administrator of the
be furnished to the creditors exclusive property of the absent spouse if other spouse is not qualified
§ After due hearing, the court shall protect the interest of the due to:
creditors § Incompetence
§ Such order shall be recorded in the proper registries of property § Conflict of Interest
§ Other just cause
• Separation in Fact
ARTICLE 142. THE ADMINISTRATION OF ALL CLASSES OF EXCLUSIVE o Under Art. 100 (3) & 127 (3), separation in fact of the spouses shall not
PROPERTY OF EITHER SPOUSE MAY BE TRANSFERRED BY THE COURT TO affect the ACP/CPG
THE OTHER SPOUSE: § EXCEPT: In the absence of sufficient ACP/CPG, the separate
1. WHEN ONE SPOUSE BECOMES THE GUARDIAN OF THE OTHER; property of both spouses shall be solidarily liable for the support
2. WHEN ONE SPOUSE IS JUDICIALLY DECLARED AN ABSENTEE; of the family
3. WHEN ONE SPOUSE IS SENTENCED TO A PENALTY WHICH CARRIES o Spouse present shall, upon petition in a summary proceeding, be given
WITH IT CIVIL INTERDICTION; OR judicial authority to administer or encumber any specific separate
4. WHEN ONE SPOUSE BECOMES A FUGITIVE FROM JUSTICE & IS property of the other spouse & use the fruits & proceeds thereof to
HIDING AS AN ACCUSED IN A CRIMINAL CASE. satisfy the latter’s share
ARTICLE 143. SHOULD THE FUTURE SPOUSES AGREE IN THE MARRIAGE EARNINGS FROM HIS OR HER PROFESSION, BUSINESS OR INDUSTRY, & ALL
SETTLEMENTS THAT THEIR PROPERTY RELATIONS DURING MARRIAGE FRUITS, NATURAL, INDUSTRIAL OR CIVIL, DUE OR RECEIVED DURING THE
SHALL BE GOVERNED BY THE REGIME OF SEPARATION OF PROPERTY, THE MARRIAGE FROM HIS OR HER SEPARATE PROPERTY
PROVISIONS OF THIS CHAPTER SHALL BE SUPPLETORY.
• Suppletory Character
o For regime of complete separation of property, the parties must execute ARTICLE 146. BOTH SPOUSES SHALL BEAR THE FAMILY EXPENSES IN
a valid marriage settlement prior to the marriage stipulating such PROPORTION TO THEIR INCOME, OR, IN CASE OF INSUFFICIENCY OR
regime DEFAULT THEREOF, TO THE CURRENT MARKET VALUE OF THEIR SEPARATE
o Marriage settlement shall principally govern the regime PROPERTIES.
THE LIABILITY OF THE SPOUSES TO CREDITORS FOR FAMILY EXPENSES

ARTICLE 144. SEPARATION OF PROPERTY MAY REFER TO PRESENT OR SHALL, HOWEVER, BE SOLIDARY
FUTURE PROPERTY OR BOTH. IT MAY BE TOTAL OR PARTIAL. IN THE LATTER
CASE, THE PROPERTY NOT AGREED UPON AS SEPARATE SHALL PERTAIN
TO THE ABSOLUTE COMMUNITY ARTICLE 147. WHEN A MAN & A WOMAN WHO ARE CAPACITATED TO
• Properties Included MARRY EACH OTHER, LIVE EXCLUSIVELY WITH EACH OTHER AS HUSBAND
o Parties can agree on the extent of their property regime & WIFE WITHOUT THE BENEFIT OF MARRIAGE OR UNDER A VOID
o Can involve present or future property or both
MARRIAGE, THEIR WAGES & SALARIES SHALL BE OWNED BY THEM IN
o May be total or partial
EQUAL SHARES & THE PROPERTY ACQUIRED BY BOTH OF THEM THROUGH
§ If partial, the property not agreed upon as separate shall pertain to
THEIR WORK OR INDUSTRY SHALL BE GOVERNED BY THE RULES ON CO-
the absolute community
OWNERSHIP.
o NOT VALID to agree in the marriage settlement that the ACP/CPG
shall govern their marital property relations up to a certain time (ex.
10th wedding anniversary), & thereafter, the separation of property IN THE ABSENCE OF PROOF TO THE CONTRARY, PROPERTY ACQUIRED
regime will govern. WHILE THEY LIVE TOGETHER SHALL BE PRESUMED TO HAVE BEEN
§ Tantamount to dissolving the ACP/CPG by virtue of a cause not OBTAINED BY THEIR JOINT EFFORTS, WORK, OR INDUSTRY, & SHALL BE
provided by the law OWNED BY THEM IN EQUAL SHARES. FOR PURPOSES OF THIS ARTICLE, A
PARTY WHO DID NOT PARTICIPATE IN THE ACQUISITION BY THE OTHER
PARTY OF ANY PROPERTY SHALL BE DEEMED TO HAVE CONTRIBUTED
ARTICLE 145. EACH SPOUSE SHALL OWN, DISPOSE OF, POSSESS, JOINTLY TO THE ACQUISITION THEREOF IF THE FORMER’S EFFORTS
ADMINISTER & ENJOY HIS OR HER OWN SEPARATE ESTATE, WITHOUT NEED CONSISTED IN THE CARE & MAINTENANCE OF THE FAMILY & OF THE
OF THE CONSENT OF THE OTHER. TO EACH SPOUSE SHALL BELONG ALL HOUSEHOLD.
NEITHER PARTY CAN ENCUMBER OR DISPOSE BY ACTS INTER VIVOS OF § Those under Art. 37 (incest) & 38 (against public policy)
HIS OR HER SHARE IN THE PROPERTY ACQUIRED DURING COHABITATION § An already married person cannot remarry without the 1st
& OWNED IN COMMON, WITHOUT THE CONSENT OF THE OTHER, UNTIL marriage having been previously terminated
AFTER THE TERMINATION OF THEIR COHABITATION. § 2nd marriage celebrated while the 1st is validly subsisting is
bigamous
§ SUMMARY: Art. 37, 38, 35 (1) & (4)
WHEN ONLY ONE OF THE PARTIES TO A VOID MARRIAGE IS IN GOOD
o Void marriages included in Art. 147:
FAITH, THE SHARE OF THE PARTY IN BAD FAITH IN THE CO-OWNERSHIP
§ Art. 36 (psychological incapacity)
SHALL BE FORFEITED IN FAVOR OF THEIR COMMON CHILDREN. IN CASE
§ Art. 44 (both parties in a marriage in bad faith in relation to Art.
OF DEFAULT OF OR WAIVER BY ANY OR ALL OF THE COMMON CHILDREN
41, which is about presumptive death)
OR THEIR DESCENDANTS, EACH VACANT SHARE SHALL BELONG TO THE § Art. 53 (no liquidation & recording in the registry of JDNOM)
RESPECTIVE SURVIVING DESCENDANTS. § Void marriages where there is:
• Absence of consent
IN THE ABSENCE OF DESCENDANTS, EACH SHARE SHALL BELONG TO THE • No authority of the solemnizing officer
INNOCENT PARTY. IN ALL CASES, THE FORFEITURE SHALL TAKE PLACE • No valid marriage licenses
UPON TERMINATION OF THE COHABITATION. • No marriage ceremony
• Structure of the Property Relationship under Art. 147
• Informal Civil Relationship o Salaries & wages shall be owned by the parties in equal shares
o Though there is technically no marital relationship between persons o Property acquired by either of the spouses exclusively by his own fund
living together as husband & wife without the benefit of marriage, there belongs to such party, if there is proof that it was acquired by exclusive
is still an informal civil relationship between them which entitles them funds
to some rights o Property acquired by both parties through their work or industry will
o Art. 147 & 148 – special kind of co-ownership be governed by the rules of co-ownership. Either spouse may alienate
§ Co-ownership is a form of trust & every co-owner is a trustee for in favor of the other his share in the property
the other o Property acquired while they live together shall be presumed to have
o Requisites for Art. 147 – the man & woman must: been obtained by their joint efforts, work or industry & shall be owned
§ Be capacitated to marry each other by them in equal shares.
§ Live exclusively with each other as husband & wife § A party who did not participate in the acquisition by the other
§ Be without the benefit of marriage or under a void marriage party of any property shall be deemed to have contributed jointly
o Absence of the above requisites will remove the contracting parties will to the acquisition thereof if the former’s efforts in the household
remove the parties from the ambit of Art. 147 consisted in the care & maintenance of the family & the household
o Void marriages that do not fall under Art. 147: o The fruits of the couple’s separate property are NOT included in the
§ Those who live together below 18 years of age coownership
o Property acquired by any of the parties after separation shall be § Art. 40 in relation to Art. 43(2) & Art. 50 – The spouse in bad
exclusively owned by the party who acquired it faith forfeits the net profits of the ACP/CPG, goes to:
o Neither party can encumber or dispose by acts inter vivos of his/her • Common children
share in the property acquired during cohabitation & owned in • If none, children of the guilty spouse
common, without the consent of the other, until after the termination of • If none, innocent spouse
their cohabitation. § Art. 147/148 applies in any other void marriage
§ HOWEVER, either spouse may alienate in favor of the other • Art. 147 – bad faith spouse forfeits all his shares, goes to:
his/her share in the property co-owned o Common children
§ BUT no one can donate or waiver any interest in the co-ownership o In case of default, or if any or all the children or their
that would constitute an indirect or direct grant of gratuitous descendants waive their shares, each vacant share
advantage to the other, which is void pursuant to Art. 87 shall belong to the respective surviving descendants
o When only one of the parties to a void marriage is in good faith, the o If none, goes to the innocent party
share of the party in bad faith in the co-ownership shall be forfeited in • Art. 148
favor their common children. o If one of the parties is validly married to another, his
§ In case of default of or waiver by any or all the common children share in the co-ownership will accrue to the
or their descendants, each vacant share shall belong to the ACP/CPG existing in such marriage
respective surviving descendants. o If the party in bad faith is not validly married to
§ In the absence of descendants, such share shall belong to the another, his or her share shall be provided in
innocent party. In all cases, the forfeiture shall take upon accordance with Art. 147
termination of the cohabitation. • When the marriage is void, there are only two options for property regimes:
• Valdes v. RTC Ruling 147 & 148. However, there is an exception – that is Art. 40. A subsequent
o In a void marriage, the property regimes are those provided in Art. void marriage. In that subsequent void marriage, it will be liquidated as if
147/148 the property regime is the ACP or CPG, as the case may be. (Diño v. Diño)
o Liquidation of the co-ownership shall be in accordance with the o Art. 147’s requisites are that the persons are:
provisions on co-ownership under the Civil Code, if these do not § Man & woman
conflict with Art. 147/148 § Living together
o Art. 50, 51, 52 in relation to Art. 102/129 of the FC will NOT apply in § As if they are husband & wife
the liquidation & partition § Exclusively
§ Art. 50, 51, 52 – liquidation rules for JDNOM marriages § Either in a marriage which is void or in a no-marriage situation
§ Art. 102/129 – liquidation procedure for ACP/CPG (live-in couple)
o Arts. 102 (6) & 129 (9) which provide that the conjugal home goes to § The two are capacitated to marry
whichever parent many of the kids choose to stay with will NOT apply o If none of these requisites are there, then Art. 148 will apply.
o Difference between forfeiture of shares of bad faith spouses in void
marriages
o The most important requisite in the list is that they are capacitated to • Property Regime under Art. 148
marry. It should be in the sense of Art. 5 (& they should not be o If any of the requirements under Art. 147 are absent, Art. 148 shall
psychologically incapacitated) (Valdes v. RTC) apply
• Capacitated means that the parties must – o The parties may be deemed co-owners of a property acquired during
§ Not be below 18 the cohabitation only upon proof that each made an actual contribution
§ Not be married under Art. 37 (incestuous) or Art. 38 (void for to its acquisition
being against public policy) o Without proof of actual cohabitation, ownership under Art. 147/138
§ Not be bigamous cannot apply
o If one of these 3 is what applies to the couple, then the regime is that o The fact that the other party administered the property is irrelevant to
under Art. 148. prove coownership
o Relationships contemplated under Art. 148:
§ A man & woman living together as husband & wife, without
ARTICLE 148. IN CASES OF COHABITATION NOT FALLING UNDER THE benefit of marriage, but are not capacitated to marry
PRECEDING ARTICLE, ONLY THE PROPERTIES ACQUIRED BY BOTH OF THE § An adulterous relationship even if it occurred prior to the
PARTIES THROUGH THEIR ACTUAL JOINT CONTRIBUTION OF MONEY, effectivity of FC
§ A bigamous or polygamous marriage
PROPERTY, OR INDUSTRY SHALL BE OWNED BY THEM IN COMMON IN
§ Incestuous void marriages under Art. 37
PROPORTION TO THEIR RESPECTIVE CONTRIBUTIONS. IN THE ABSENCE OF
§ Void marriages under Art. 38 (against public policy)
PROOF TO THE CONTRARY, THEIR CONTRIBUTIONS & CORRESPONDING
• Structure of Property Regime: Limited Co-ownership
SHARES ARE PRESUMED TO BE EQUAL. THE SAME RULE & PRESUMPTION
o The salaries & wages are separately owned by the parties & if any of
SHALL APPLY TO JOINT DEPOSITS OF MONEY & EVIDENCES OF CREDIT.
the spouses is married, his salary is the property of the CPG/ACP of
his legitimate marriage
IF ONE OF THE PARTIES IS VALIDLY MARRIED TO ANOTHER, HIS OR HER o Property solely acquired by funds of any of the parties belongs to such
SHARE IN THE CO-OWNERSHIP SHALL ACCRUE TO THE ABSOLUTE party
COMMUNITY PROPERTY OR CONJUGAL PROPERTY GAINS EXISTING IN o Only the properties acquired by both of the parties through their actual
SUCH VALID MARRIAGE. IF THE PARTY WHO ACTED IN BAD FAITH IS NOT joint contribution of money, property, or industry shall be owned by
VALIDLY MARRIED TO ANOTHER, HIS OR HER SHARE SHALL BE FORFEITED them in common in proportion to their respective contributions
IN THE MANNER PROVIDED IN THE LAST PAR. OF THE LAST PRECEDING o The respective shares of the parties over properties owned in common
ARTICLE. are presumed to be equal
§ However, proofs may be shown to prove that their contribution &
THE FOREGOING RULES ON FORFEITURE SHALL LIKEWISE APPLY EVEN IF respective shares are not equal
BOTH PARTIES ARE IN BAD FAITH. § Without proof of actual contribution by both parties, there can be
no presumption of co-ownership & equal sharing
o The rule & presumption mentioned above shall apply to join deposits it be proved that it pertains exclusively to the husband or wife.”
of money & evidence of credit The presumption was not convincingly rebutted.
o If one of the parties is validly married to another, his or her share in the § Family Code ruling: if the said property was bought using the
coownership shall accrue to the ACP/CPG in such valid marriage. actual joint contribution of money, property, or industry by both
§ If the party who acted in bad faith is not validly married to parties in the bigamous relationship, the share of the bigamous
another, his or her share shall be forfeited in the manner provided husband will accrue to the ACP/CPG of his legitimate marriage.
in the last paragraph of Article 147. o CASE: Borromeo v. Descallar – A title to an immovable property was
§ The foregoing rules on forfeiture shall likewise apply even if both registered under the name of a Filipina wife considering her Austrian-
parties are in bad faith. husband, who acquired & fully financed the purchase during their
• Case Law cohabitation, was constitutionally prohibited from owning land in the
o CASE: Manila Surety & Fidelity Co., Inc. v. Teodoro – Two Filipinos Philippines. However, it was then discovered that the Filipina was
procured an absolute divorce abroad. One of them subsequently already married to another man, prior to her marriage with the Austrian.
contracted another marriage in Hong Kong. The remarrying spouse The Austrian then sold the property registered under the name of the
tried to levy the properties of his “spouse” from the 2nd marriage. wife to a 3rd person.
§ SC held that any liability of the remarrying spouse cannot be § SC affirmed the sale of the property to a 3rd person even if the
levied on the fruits of the separate property of his new “spouse,” name is under the Filipina wife, as there was convincing evidence
considering that the said fruits were acquired by the said “spouse” that the property was financed solely by the Austrian.
prior to the solemnization of the 2nd bigamous marriage & § “In an adulterous relationship, no co-ownership exists between
therefore such fruits did not belong to spouses in the 2nd the parties. It is necessary for each of the partners to prove his or
bigamous marriage. her actual joint contribution to the acquisition of property to lay
o CASE: Juaniza v. Jose – A woman who was living in a bigamous claim to any portion of it. Presumptions of co-ownership & equal
relationship with a married was sought to be held liable for an accident contribution do not apply.”
involving a vehicle driven by the bigamous husband, & where the § So what happens to the property acquired by the 3rd person, since
vehicle was registered under the name of the husband. the Austrian who sold the property technically cannot own
§ The woman was not held liable as co-owner of the vehicle, property in the Philippines?
because the vehicle must be considered the conjugal property of • If land is invalidly transferred to an alien who subsequently
the bigamous husband & his legitimate spouse. becomes a Filipino or transfers it to a Filipino, the flaw in
o CASE: Belcodero v. CA – A husband bought property in installment the original transaction is considered cured & the title of
& thereafter left his family to bigamously marry another woman. The the transferee is rendered valid.
husband, after successfully paying in full, then had the property named • In this case, the Austrian had already subsequently become
under the 2nd woman he married. naturalized as a Filipino citizen. Thus, the defect is cured,
§ Civil Code ruling: SC held that the property belongs to the 1st and he can now own the property.
marriage, on the strength of the provision which states that “all
property of the marriage is presumed to belong to the CPG, unless
o CASE: Nicdao Cariño v. Cariño – A man entered a 2nd marriage, & NO CUSTOM, PRACTICE, OR AGREEMENT DESTRUCTIVE OF THE FAMILY
which was held void because the man did not obtain a JDNOM for his SHALL BE RECOGNIZED OR GIVEN EFFECT.
1st marriage. • Paramount Importance
§ SC held that the 2nd marriage was bigamous, even if the 1st o Art. II, Sec. 12, 1987 Constitution – sanctity of family life; basic social
marriage was void, much to the chagrin of Sta. Maria. institution
§ SC applied the Art. 148 property regime to the 2nd marriage, o Art. XV, 1987 Constitution – dedicated exclusively to the family
though Sta. Maria believes the correct application is under Art. • Destructive Agreements
50—that the 2nd marriage will be governed by ACP/CPG, o No custom, practice, or agreement destructive of the family shall be
because a marriage under Art. 40 is an exceptional void marriage recognized
• Forfeiture of Shares & Bad Faith o If the husband & wife state in an agreement that, while their marriage
o Art. 148 states that the rule on forfeiture of shares shall likewise apply subsists, the husband can have a concubine, the agreement is void
even if both parties are in bad faith. § HOWEVER, such void agreement’s only legal significance is to
o Ex. A woman marries her cousin, who is already married to another invoke it as evidence showing “consent” to the sexual infidelity
woman. Later, she marries another man. If the woman & her cousin of the husband or wife in cases of legal separation
jointly contribute to their co-ownership living together, with both the o It is also not valid if parties stipulate that: “in consideration for a
husband & the bigamous cousin wife contributing their salaries, the co- peaceful termination of relations between the undersigned & her lawful
ownership will be liquidated as follows: husband,” the so that the wife would agree to a JSOP & amendment of
§ The share of the spouse who is obviously in bad faith shall accrue divorce proceedings.
to the ACP/CPG of his existing valid marriage. § The agreement is void for being contrary to Filipino morals &
§ The share of the bigamous-cousin-wife who is also in bad faith public policy
will be forfeited in favor of their common children. Since she has § The consideration for the agreement was the termination of the
no children or descendants. Supposedly, the share will go to the marriage by the parties which they cannot do on their own &
innocent spouse. However, since there is no innocent spouse, the without legal basis
share of the bigamous-cousin-wife is retained by her. • Parties in Court Case
• In this regard & for purposes of the share of the bigamous o Sec. 4, Rule 3 of the 1997 Rules of Civil Procedure: “The husband &
cousin- wife only, considering that both husband & wife wife shall sue or be sued jointly except as provided by law.”
are in bad faith, they will be considered as if they were both § “Jointly” – they shall be sued together
in good faith & the wife’s share can go to her. § When spouses are sued for the enforcement of an obligation which
has redounded to the benefit of the family, they are being
impleaded in their capacity as representatives of the ACP/CPG,
ARTICLE 149. THE FAMILY, BEING THE FOUNDATION OF THE NATION, IS A and NOT as independent debtors, such that the concept of joint or
BASIC SOCIAL INSTITUTION WHICH PUBLIC POLICY CHERISHES & solidary liability between them does not arise
PROTECTS. CONSEQUENTLY, FAMILY RELATIONS GOVERNED ARE BY LAW
§ Spouses are also generally the joint administrators of their 4. AMONG BROTHERS AND SISTERS, WHETHER OF THE FULL OR HALF-
ACP/CPG BLOOD.
o HOWEVER, while spouses should be sued together, even just one of
the spouses can sue others on behalf of the ACP/CPG (Carangdang v.
Heirs of Quirino A. De Guzman) ARTICLE 151. NO SUIT BETWEEN MEMBERS OF THE SAME FAMILY SHALL
§ The other spouse is not an indispensable party to such a case PROSPER UNLESS IT SHOULD APPEAR FROM THE VERIFIED COMPLAINT OR
§ Reasoning: the rules on co-ownership (ACP)/partnership (CPG) PETITION THAT EARNEST EFFORTS TOWARD A COMPROMISE HAVE BEEN
apply in a suppletory character
MADE, BUT THAT THE SAME HAVE FAILED. IF IT IS SHOWN THAT NO SUCH
o Art. 111, FC: Spouses may appear alone in court if what is involved in
EFFORTS WERE IN FACT MADE, THE CASE MUST BE DISMISSED.
litigation is his own separate & exclusive property
o Joint management/administration does not require that the husband &
THIS RULE SHALL NOT APPLY TO CASES WHICH MAY NOT BE THE SUBJECT
wife always act together
§ If a debtor to the ACP/CPG is to be sued, the husband or wife OF COMPROMISE UNDER THE CIVIL CODE.
alone may file the case if the suit relates to any act of
administration or management • Application
o However, it is advisable that both spouses sue together for community o Enumeration in Art. 150 should be construed strictly – any person not
claims included in the enumeration is not considered by law to be within the
§ If one of the spouses files a suit as plaintiff, the defendants in the terms of “family relations”
counterclaim against the ACP/CPG can file a motion to include as § Example: If the suit is between a brother-in-law & a sister-in-law,
a necessary party the spouse who has not been impleaded “earnest efforts to seek a compromise” is not necessary, because
o Also, though as a general rule the certification for non-forum shopping their relationship is not within the ambit of “family relations” as
must be signed by all petitioners in a case, the signature of only one o specified by law
the spouses is substantial compliance with this requirement, even if § Collateral relatives who are not brothers & sisters are not included
both parties are petitioners in the term “family relations”
§ Each spouse may be reasonably presumed to have personal o HOWEVER, a suit filed by a woman against her sister & the latter’s
knowledge of the filing/non-filing of the action husband will not need earnest efforts to compromise, since one of the
parties, the sister’s husband, is not considered within the “family
relations” provided by law
o Petition must be verified
ARTICLE 150. FAMILY RELATIONS INCLUDE THOSE:
§ But if it is unverified, it should not be dismissed; the court should
1. BETWEEN HUSBAND AND WIFE;
just merely require the party to have it verified
2. BETWEEN PARENTS AND CHILDREN;
• Earnest Efforts to Compromise
3. AMONG OTHER ASCENDANTS AND DESCENDANTS; & o If family relations is in the definition in Art. 150, there must be earnest
efforts to compromise; without this, the suit is DISMISSIBLE
§ Failure to exert earnest efforts in these situations is a group • Running of Prescriptive Period
for a motion to dismiss (Sec. 1 [j], Rule 16 of the RoC) o Unless otherwise provided by FC & other laws, Art. 1109, CC applies:
• Exceptions § Prescription does not run between H W, even if there is separation
o Earnest efforts to compromise is not required if a stranger not of the of property agreed upon in a valid settlement or through JSOP
same family is included in the suit, as the interest of such stranger may § Prescription does not run between parents & children during the
be different from the interest of the members of the family minority or insanity of the latter, & between guardian & ward
§ “Stranger” – not listed in Art. 150 during the continuance of guardianship
o Rule also doesn’t apply to cases which may not be compromised under
the Civil Code (Art. 2035):
§ The civil status of persons ARTICLE 152. THE FAMILY HOME, CONSTITUTED JOINTLY BY THE HUSBAND
§ The validity of a marriage or legal separation AND THE WIFE OR BY AN UNMARRIED HEAD OF A FAMILY, IS THE
§ Any grounds for legal separation DWELLING HOUSE WHERE THEY & THEIR FAMILY RESIDE, AND THE LAND
§ Future support ON WHICH IT IS SITUATED.
§ Jurisdiction of courts
§ Future legitime
o Earnest efforts rule also does not apply to special proceedings ARTICLE 153. THE FAMILY HOME IS DEEMED CONSTITUTED ON A HOUSE
§ Petition for settlement of estate guardianship & LOT FROM THE TIME IT IS OCCUPIED AS A FAMILY RESIDENCE. FROM
§ Custody of children
THE TIME OF ITS CONSTITUTION AND SO LONG AS ANY OF ITS
§ Habeas corpus
BENEFICIARIES ACTUALLY RESIDES THEREIN, THE FAMILY HOME
§ Only civil actions are included
CONTINUES TO BE SUCH AND IS EXEMPT FROM EXECUTION, FORCED
• Exemption from Criminal Liability in Crimes Against Property
SALE OR ATTACHMENT EXCEPT AS HEREINAFTER PROVIDED AND TO THE
o Art. 332, RPC: No criminal, but only civil liability, shall result from
the commission of the crime of theft, swindling or malicious mischief EXTENT OF THE VALUE ALLOWED BY LAW
committed or caused mutually by the following persons:
§ Spouses, ascendants & descendants or relatives by affinity in the • Constitution
same line o A family home is deemed constituted on a house & lot from the time it
§ The widowed spouse with respect to the property which belonged is actually occupied as a family residence
to the deceased spouse before the same shall have passed into the o Requirement of house & land as constitutive of a family home –
possession of another, & stresses permanence
§ Brothers & sisters & brothers-in-law & sisters-in-law, if living § A boat on water cannot constitute a family home
together o So long as the owners (husband & wife or unmarried head of a family)
o Not applicable to strangers who participated in the commission of the or their beneficiaries actually reside in the premises, it is a family home
crime as contemplated by law
o Residing in a family home is a real right
o Occupancy – must be actual, & not just constructive (presumptive) actually occupies the land & house of such married person
§ One cannot claim to have occupied the premises at the time his with his consent & pursuant to FC requirement
overseer, maid, houseboy or driver lived in the same place • Exempt from Execution
§ Also not valid when a man claims he is merely staying temporarily o Exemption from execution, forced sale or attachment is provided by
in the U.S. & his wife lives in supposed family home whenever law
she is here, if it is just the overseer who truly permanently resides § Effective from the time the constitution of the family home as
in the home such
§ Must be actually existing or real, not merely possible § Lasts so long as any of the beneficiaries actually resides therein
o Creditors must take necessary precautions to protect their interests
before extending credit to the spouses or the head of the family owning CONSTITUTION AS FAMILY
a home PERIOD OF CONSTRUCTION HOME TO BE EXEMPTED FROM
o There is NO NEED to constitute the family home judicially or extra- EXECUTION
judicially (previously needed in the Family Code) Family residences constructed before Must be constituted as family home
§ All residences used as a family home as deemed constituted by the effectivity of FC (Aug. 3, 1988) either judicially or extrajudicially
operation of law as of August 3 1988 Family residences constructed after the Automatically deemed to be family
§ Example: A debtor who, prior to Aug. 3 1988, never constituted effectivity of FC homes & exempt from execution from
his house judicially or extra-judicially & whose debt matured the time it was constituted, so long as
PRIOR to August 3 1988, CANNOT claim that his house can no any of its beneficiaries actually resides
longer be answerable to satisfy a debt because the house is a therein
family home & is thus exempt from execution
Not judicially or extrajudicially Family homes by operation of law &
• If the debt matures prior to the effectivity of the FC, one constituted as family home prior to the prospectively entitled to the benefits in
must constitute one’s family home judicially or effectivity of the FC, but were the FC
extrajudicially, pursuant to CC thereafter existing
• Who Constitutes the Family Home
o The family home CANNOT be constituted by the wife or husband • Waiver, Laches, & Estoppel
alone o Personal right – can be claimed only by the judgment debtor, & not by
§ Constitution must be done jointly by husband & wife the sheriff, & therefore must be claimed before the public auction
§ BUT a family home can also be constituted by an unmarried head
o Exemption is not absolute – exclusions are in Art. 155, which allows
of family by himself the whole amount obtained from the sale of the family home to be taken
§ ALSO Occupancy of any of the beneficiaries can also constitute by the creditor
a home as a family home
o Art. 160 – a judgment creditor whose claim is not among those
• Even if a married person is legally/de facto separated, a provided in Art. 155 may apply for the family home’s execution IF he
family home is still constituted if any of his beneficiaries
has reasonable grounds to believe that it is worth more than the max § Must be among the relationships listed in Art. 154
amount fixed in Art. 157. § Must live in the family home
§ Proceeds of any execution sale shall be applied: § Must be dependent for legal support upon the head of the family
• 1st – to the amount provided in Art. 157 o CASE: Patricio v. Dario III – A grandson is not considered a
• 2nd – liabilities under the judgment & costs beneficiary of a family home owned by his grandfather even if he
• 3rd – excess goes to judgment debtor (family home owner) resides there, because he is dependent on his father for support.
o Why exemption is not absolute – so that debtors cannot thwart just o The beneficiaries are the ones who will most likely be affected by the
claims of creditors constitution of the family home & its disposition
o CASE: Josef v. Santos – The petitioner immediately claimed o Art. 158 – When an owner plans to sell a family home, he must first
exemption from execution of a property, which he claimed was a obtain the consent of a majority of the beneficiaries of legal age
family home, after the respondent filed a motion for execution. The o The enumeration in Art. 154 includes the in-laws where the family
lower court did not conduct an investigation on W/N the property was home is constituted jointly by the husband & wife
indeed a family home. o Law definitely excludes maids & overseers
§ SC voided the writ of execution for respondent– a claim for
exemption from execution of the family home must be validly
proven before the sale of the property at public auction ARTICLE 155. THE FAMILY HOME SHALL BE EXEMPT FROM EXECUTION,
§ Respondent & the trial court ignored petitioner’s argument that FORCED SALE OR ATTACHMENT EXCEPT:
the properties were exempt from execution 1) FOR NON-PAYMENT OF TAXES;
2) FOR DEBTS INCURRED PRIOR TO THE CONSTITUTION OF THE
FAMILY HOME;
ARTICLE 154. THE BENEFICIARIES OF A FAMILY HOME ARE: 3) FOR DEBTS SECURED BY MORTGAGES ON THE PREMISES BEFORE
1) THE HUSBAND & WIFE, OR AN UNMARRIED PERSON WHO IS THE OR AFTER SUCH CONSTITUTION; &
HEAD OF A FAMILY; & 4) FOR DEBTS DUE TO LABORERS, MECHANICS, ARCHITECTS,
2) THEIR PARENTS, ASCENDANTS, DESCENDANTS, BROTHERS & BUILDERS, MATERIALMEN & OTHERS WHO HAVE RENDERED
SISTERS, WHETHER THE RELATIONSHIP BE LEGITIMATE OR SERVICE OR FURNISHED MATERIAL FOR THE CONSTRUCTION OF
ILLEGITIMATE, WHO ARE LIVING IN THE FAMILY HOME & WHO THE BUILDING.
DEPEND UPON THE HEAD OF THE FAMILY FOR LEGAL SUPPORT
• Debts
• Beneficiaries o A court judgment is not necessary to clothe a pre-existing debt with the
o Actual occupancy of beneficiaries constitutes a family home privileged character of being enforceable against the family home
§ Must have the consent of either the husband or wife § When a case is filed questioning the validity of a debt under Art.
§ Applies even if the owners do not actually reside therein 155 for which the family home is being executed in acc. with law,
o 3 Requisites for Beneficiaries: such debt shall be considered as having arisen NOT from the time
the court issues a judgment affirming such existence, but from the o Must be a part of the ACP/CPG or the exclusive properties of either
time it actually arose spouse with the latter’s consent
o “Debt” – “obligations” in general o May also be constituted by an unmarried head of family on his own
§ Includes money judgments arising from tort property
§ Whole value of the family home may be used to pay off o Property that is the subject of a conditional sale on installment where
obligations under Art. 155 ownership is reserved by the vendor only to guarantee payment of the
o CASE: Gomez v. Sta. Ines – A debt was incurred in 1977 before the purchase price may be constituted as a family home
effectivity of FC. The subject property had not, at the time, been o NOT a family home:
constituted as a family home under the provisions of the CC. § An apartment unit or a house that is being rented
§ SC: Because a home which was not a family home prior to the § A house erected by a person on the property of another
effectivity of FC became one after the effectivity of FC by
operation of law, the debt therefore can be raised as having been
incurred before the constitution of the family home. Thus, it is ARTICLE 157. THE ACTUAL VALUE OF THE FAMILY HOME SHALL NOT
subject to execution. EXCEED, AT THE TIME OF ITS CONSTITUTION, THE AMOUNT OF P300,000
§ The judgment sustaining the liability of the debtor was not the IN URBAN AREAS, AND P200,000 IN RURAL AREAS, OR SUCH AMOUNTS
reckoning date for the existence of the debt; instead, it is the time
AS MAY HEREAFTER BE FIXED BY LAW.
when the debut was actually incurred in 1977
IN ANY EVENT, IF THE VALUE OF THE CURRENCY CHANGES AFTER THE
ADOPTION OF THIS CODE, THE VALUE MOST FAVORABLE FOR THE
ARTICLE 156. THE FAMILY HOME MUST BE PART OF THE PROPERTIES OF
CONSTITUTION OF A FAMILY HOME SHALL BE THE BASIS OF THE
THE ACP/CPG, OR OF THE EXCLUSIVE PROPERTIES OF EITHER SPOUSE
EVALUATION.
WITH THE LATTER’S CONSENT. IT MAY ALSO BE CONSTITUTED BY AN
UNMARRIED HEAD OF A FAMILY ON HIS OR HER OWN PROPERTY.
FOR PURPOSES OF THIS ARTICLE, URBAN AREAS ARE DEEMED TO INCLUDE
CHARTERED CITIES AND MUNICIPALITIES WHOSE ANNUAL INCOME AT
NEVERTHELESS, PROPERTY THAT IS THE SUBJECT OF A CONDITIONAL SALE
LEAST EQUALS THAT LEGALLY REQUIRED FOR CHARTERED CITIES. ALL
ON INSTALLMENT WHERE OWNERSHIP IS RESERVED BY THE VENDOR ONLY
OTHERS ARE DEEMED TO BE RURAL AREAS.
TO GUARANTEE PAYMENT OF THE PURCHASE PRICE MAY BE
CONSTITUTED AS A FAMILY HOME
• Value of the Family Home
o Art. 153: The family home is constituted from the time it is actually
• Family Home
occupied as a family home
o Constituted at a place where there is a fixed & permanent connection
§ Actual occupancy is the operative act of the constitution
with the persons constituting it
§ The value at the of the constitution must be:
• P300,000 in urban areas ARTICLE 158. THE FAMILY HOME MAY BE SOLD, ALIENATED, DONATED,
• P200,000 in rural areas ASSIGNED OR ENCUMBERED BY THE OWNER OR OWNERS THEREOF WITH
• Or such amount as may hereafter be fixed by law THE WRITTEN CONSENT OF THE PERSON CONSTITUTING THE SAME, THE
o If the home is MORE than the value fixed by law, it is NOT a family LATTER’S SPOUSE, AND A MAJORITY OF THE BENEFICIARIES OF LEGAL
home AGE. IN CASE OF CONFLICT, THE COURT SHALL DECIDE.
§ NOT exempt from forced sale, execution or attachment • Disposition of Family Home
o 2nd par, Art. 157: “In any case, if the value of the currency changes o Limitation to the right of disposition of the owners of a property where
after the adoption of this Code, the value most favorable for the a family home is situated
constitution of a family home shall be the basis of the evaluation o Cannot be sold, alienated, encumbered, donated or assigned without
§ If a house is worth P300,000 in an urban area but was not legally the written consent of the ff.:
instituted prior to the effectivity of FC, it will automatically § Person constituting the same
become a family home if it is still worth P300,000 on Aug. 3 1988 § The spouse of the person constituting the same
§ If the house were worth P400,000 prior to the effectivity of the FC § A majority of the beneficiaries of legal age
& if its value increased to P500,000 at the time or after the o Thus, for the family home to be leased, the written consent of all the
effectivity, it will not be considered a family home because the people mentioned must be obtained (a lease = an encumbrance)
value of P400,000 at the time of its constitution is the basis of the
evaluation (rather than the P500,000), as it is the more favorable
assessment for the constitution of the family home ARTICLE 159. THE FAMILY HOME SHALL CONTINUE DESPITE THE DEATH OF
§ If a house in 1987 was worth P500,000, & the value decreased to ONE OR BOTH SPOUSES OR OF THE UNMARRIED HEAD OF THE FAMILY
P300,000 at the time of the effectivity of the FC, it is the P300,000
FOR A PERIOD OF 10 YEARS OR FOR AS LONG AS THERE IS A MINOR
that will be considered
BENEFICIARY, & THE HEIRS CANNOT PARTITION THE SAME UNLESS THE
o Justification for limits: those who can afford more expensive homes
COURT FINDS COMPELLING REASONS THEREFOR. THIS RULE SHALL APPLY
need no protection; this is intended to protect the middle-class
REGARDLESS OF WHOEVER OWNS THE PROPERTY OR CONSTITUTED THE
§ Justification is a sweeping generalization that ignores some facts
§ Has become a regressive limitation inhibiting progressive FAMILY HOME
middleclass growth • Limitation After Death
• Increase in Value of Family Home o Even upon the death of the person who constituted the family home,
o REMEMBER: The values in Art. 157 refer only to the value at the time such family home shall continue as one for a period of 10 years, or
of the constitution made after the effectivity of the FC longer, if there is a minor beneficiary
§ If after the constitution, the value of the house increased due to o Heirs cannot partition the same unless the court finds compelling
improvements to an amount more than fixed by law at the time of reasons
the constitution, the family home remains a family home o CASE: Arriola v. Arriola – Even if a house & lot passes to the heirs
upon the death of their father, it cannot be immediately partitioned, at
least not for 10 years, as it is a physical symbol of family love. In the
case, the family patriarch died on March 10 2003. It cannot be UNDER THE JUDGMENT & COSTS. THE EXCESS, IF ANY, SHALL BE
partitioned for 10 years or longer, if there is still a minor residing there. DELIVERED TO THE JUDGMENT DEBTOR.
It can thus only be partitioned in March 10 2013.
§ If there is no compelling reason to immediately partition the lot, • Judgment Creditor
the court will not order it o Unlike in Art. 155, in Art. 160 there is a need for a court decision before
• Reason for forced sale must be set up & proved to the a judgment creditor can avail of the privilege
Sheriff before the sale of the property at public auction o Example: If a creditor obtains a judgment in his favor, directing the
§ Proscription against partitioning exists regardless of its ownership debtor to pay him P500,000, & the debtor owns a family home which
• Even if the family home has passed by succession to the has a current actual value of P1,000,000, such judgment creditor can
coownership of the heirs, the family home is not execute on said family home.
transformed into an ordinary property § Bidders cannot bid an amount below P300,000
• Rights of the beneficiaries of the conjugal home cannot be § If the house is sold for P700,000 only, the sheriff gives the debtor
subjugated the amount of P300,000,then gives P400,000 to the creditor
• Immunity of P300,000 supposedly allows debtor to build a
new family home
ARTICLE 160. WHEN A CREDITOR WHOSE CLAIM IS NOT AMONG THOSE o Judgment-claim & judgment creditor should not be among those in Art.
MENTIONED IN ART. 155 OBTAINS A JUDGMENT IN HIS FAVOR, & HE HAS 155
REASONABLE GROUNDS TO BELIEVE THAT THE FAMILY HOME IS § If the judgment creditors are laborers & the judgment amount of
ACTUALLY WORTH MORE THAN THE MAXIMUM AMOUNT FIXED IN ART. P500,000 represents the amount due them, P700,000 will be first
157, HE MAY APPLY TO THE COURT WHICH RENDERED THE JUDGMENT applied to them
FOR AN ORDER DIRECTING THE SALE OF THE PROPERTY UNDER • P500,000 will be given to the Art. 155 creditors
EXECUTION. THE COURT SHALL SO ORDER IF IT FINDS THAT THE ACTUAL • P200,000 goes to the judgment debtor
VALUE OF THE FAMILY HOME EXCEEDS THE MAXIMUM AMOUNT • If the house is sold for exactly P500,000, the creditor-
ALLOWED IN ART. 157 & RESULTS FROM SUBSEQUENT VOLUNTARY laborers get everything
IMPROVEMENTS INTRODUCED BY THE PERSON OR PERSONS
CONSTITUTING THE FAMILY HOME, BY THE OWNER OR OWNERS OF THE
ARTICLE 161. FOR PURPOSES OF AVAILING OF THE BENEFITS OF A FAMILY
PROPERTY, OR BY ANY OF THE BENEFICIARIES, THE SAME RULE &
HOME AS PROVIDED FOR IN THIS CHAPTER, A PERSON MAY CONSTITUTE,
PROCEDURE SHALL APPLY.
OR BE THE BENEFICIARY OF, ONLY ONE FAMILY HOME
AT THE EXECUTION SALE, NO BID BELOW THE VALUE ALLOWED FOR A

FAMILY HOME SHALL BE CONSIDERED. THE PROCEEDS SHALL BE APPLIED
1ST TO THE AMOUNT MENTIONED IN ART. 157, & THEN TO THE LIABILITIES
ARTICLE 162. THE PROVISIONS IN THIS CHAPTER SHALL ALSO GOVERN ARTICLE 165. CHILDREN CONCEIVED & BORN OUTSIDE A VALID
FAMILY RESIDENCES INSOFAR AS SAID PROVISIONS ARE APPLICABLE MARRIAGE ARE ILLEGITIMATE, UNLESS OTHERWISE PROVIDED IN THIS
• Application of Art. 162 CODE.
o Art. 162 does not have a retroactive effect
§ It does not mean that all existing family residences are deemed to • Policy of the FC
have been constituted as family homes at the time of the o The policy of the FC: liberalize the rule on the investigation of the
occupation of the family home prior to the effectivity of the FC & paternity of children, especially illegitimate children, without prejudice
are exempt from execution for payments of obligations to the right of the alleged parent to resist the claimed status with his
§ Art. 162 simply means that all existing family residences at the own defenses.
time of the effectivity of the FC are considered family homes & o Legitimacy cannot be negotiated; it is determined by law
are prospectively entitled to the benefits accorded to a family § A child cannot go to court and say “This man is not my father!”
home and have that statement have any legal effect
o Adoption – created by law; child has all rights, obligations & duties of
a natural child
ARTICLE 163. THE FILIATION OF CHILDREN MAY BE BY NATURE OR BY • Paternity & Filiation
ADOPTION. NATURAL FILIATION MAY BE LEGITIMATE OR ILLEGITIMATE. o GENERAL RULE: the law will always recognize the husband as the
father; if he does nothing to impugn the child, the child is legitimate &
his
ARTICLE 164. CHILDREN CONCEIVED OR BORN DURING THE MARRIAGE o Paternity & filiation – relationship which exists between parents &
OF THE PARENTS ARE LEGITIMATE. children
§ Paternity – whether one is the father or not
§ Filiation – legitimacy/illegitimacy
CHILDREN CONCEIVED AS A RESULT OF ARTIFICIAL INSEMINATION OF
o Legitimacy/illegitimacy is fixed by law & cannot be left to the will of
THE WIFE WITH THE SPERM OF THE HUSBAND OR THAT OF A DONOR OR
the parties or the declaration of a physician or midwife
BOTH ARE LIKEWISE LEGITIMATE CHILDREN OF THE HUSBAND & HIS WIFE,
o Filiation:
PROVIDED THAT BOTH OF THEM AUTHORIZED OR RATIFIED SUCH
§ By nature – legitimate if they are conceived or born during the
INSEMINATION IN A WRITTEN INSTRUMENT EXECUTED & SIGNED BY THEM valid marriage of the parents
BEFORE THE BIRTH OF THE CHILD. • Presumption of legitimacy can only arise upon convincing
THE INSTRUMENT SHALL BE RECORDED IN THE CIVIL REGISTRY TOGETHER proof that the parents of the child were legally married &
WITH THE BIRTH CERTIFICATE OF THE CHILD. that the child’s conception/birth occurred during the
subsistence of such marriage
§ By adoption
o CASE: Conception v. CA – A woman bigamously married another § Heterologous – artificial insemination o the wife by the semen of
man. A child was born out of their bigamous union. Later on, the a 3rd-party donor; Artificial Insemination Donor (AID)
bigamous marriage between the woman & the man was declared void. • Consensual – with consent of husband
What is the child’s filiation? • Non-consensual – w/o husband’s consent
§ SC: The child born in the 2nd voided union was in effect born of • Status of an Artificially Inseminated Child
the wife in the 1st subsisting marriage. Thus, in the eyes of the o Legitimate, as long as both of them authorized or ratified such
law, the father of the child is the 1st husband of the wife. insemination
§ Additionally, in this case, the child wanted to acknowledge his § Through a written instrument executed & signed before the birth
real father (the 2nd husband from the bigamous marriage); the of the child
court, however, did not permit this. By legal fiction, the child’s § Instrument is recorded in the registry together with the birth
father was the 1st husband, & a child cannot file a case to certificate of the child
acknowledge his real father § Since the husband consents, there is no marital infidelity
§ Child is the legitimate child of the 1st husband. • One who consents to the production of a child cannot create
• Note that if the 1st marriage was the void marriage, the a temporary relation to be assumed & disclaimed at will;
child would be illegitimate & could now be attributed to he has an obligation for the person whose existence he is
the 2nd husband directly responsible
• Note also that if the wife successfully got a JDNOM for her o If written authorization/ratification is obtained through mistake, fraud,
1st marriage, the child would then be the legitimate child violence, intimidation or undue influence, the husband may impugn the
of the 2nd husband legitimacy of the child on these grounds
o Illegitimate children – those conceived & born outside of a valid o Morality is not the concern in this case, because the fact is that the child
marriage or inside a void marriage is already born
§ EXCEPTIONS: A child is legitimate when he is… o HOWEVER, it must be observed that if the requirements in par. 2, Art.
• Conceived/born before the judgment of annulment (Art. 164 are not followed & the husband DOES NOT impugn the legitimacy
54) of the child on grounds provided by law within the prescriptive period,
• From a marriage declared void due to psychological the child will still be legitimate, having been born in a valid marriage
incapacity (Art. 54) § Requirements in Art. 146, par. 2:
• From a void marriage due to failure to comply with • Both spouses authorize or ratify such insemination before
mandatory provisions of Art. 52 & 53 the birth of the child;
• Artificial Insemination • The instrument is recorded in the civil registry together
o Two types of artificial insemination with the birth certificate of the child
§ Homologous – wife is artificially impregnated with the semen of
her husband; Artificial Insemination Husband (AIH)
• SCENARIO (A) HUSBAND, EXCEPT IN THE INSTANCE PROVIDED IN THE 2ND
o Q: What if the husband agreed to use 3rd party’s sperm & signed the PARAGRAPH OF ARTICLE 164; OR
written instrument, but the wife used both the husband’s sperm & a 3rd 3) THAT IN CASE OF CHILDREN CONCEIVED THROUGH ARTIFICIAL
party’s? INSEMINATION, THE WRITTEN AUTHORIZATION OR RATIFICATION
§ A: Husband can impugn the legitimate filiation of the child, but OF EITHER PARENT46 WAS OBTAINED THROUGH MISTAKE, FRAUD,
NOT the paternity. Thus the child would be illegitimate at most, VIOLENCE, INTIMIDATION, OR UNDUE INFLUENCE
but can never be said to be not related to him (as is the case when
grounds in Art. 166 are proven)
• No Criminal Liability for Adultery of Wife Artificially Inseminated w/o ARTICLE 167. THE CHILD SHALL BE CONSIDERED LEGITIMATE ALTHOUGH
Consent of Husband
THE MOTHER MAY HAVE DECLARED AGAINST ITS LEGITIMACY OR MAY
o A woman who, without the consent of her husband, gets herself a AID
HAVE BEEN SENTENCED AS AN ADULTERESS.
insemination CANNOT be held criminally liable for adultery
o Art. 333, RPC: Adultery is committed by any married woman who
• 1988: Sexual intercourse may have been had at the end of the 120 days, but
shall have sexual intercourse with a man not her husband
then 300 is said to be the longest average period of gestation. 6 is the
§ Artificial insemination – no sex involved
shortest. There must be physical impossibility to have sex within the first
120 days.
• Physical Incapacity
ARTICLE 166. LEGITIMACY OF A CHILD MAY BE IMPUGNED ONLY ON THE
• Biological – vasectomy, etc. but it must be ABSOLUTE
FF. GROUNDS:
• Artificial insemination – vitiated consent
1) THAT IT WAS PHYSICALLY IMPOSSIBLE FOR THE HUSBAND TO
o Notice how the ground is not failure to comply with requirements, but
HAVE SEXUAL INTERCOURSE WITH HIS WIFE WITHIN THE FIRST 120
vitiation of consent. Thus, note that the failure to comply is not actually
DAYS OF THE 300 DAYS WHICH IMMEDIATELY PRECEDED THE a ground, giving rise to a gray area.
BIRTH OF THE CHILD BECAUSE OF: • Applicability of Art. 166 & 167
a. THE PHYSICAL INCAPACITY OF THE HUSBAND TO HAVE o Art. 166 – presupposes a valid marriage bet. husband & wife
SEXUAL INTERCOURSE WITH HIS WIFE; § Only the husband & the heirs (in proper cases under Art. 171) can
b. THE FACT THAT THE HUSBAND AND WIFE WERE LIVING invoke these grounds
SEPARATELY IN SUCH A WAY THAT SEXUAL INTERCOURSE § If any grounds are proven, the child will neither be legitimate nor
WAS NOT POSSIBLE; illegitimate as far as the husband is concerned—they are simply
c. SERIOUS ILLNESS OF THE HUSBAND, WHICH ABSOLUTELY not related
PREVENTED SEXUAL INTERCOURSE; § As far as the wife is concerned, the child is illegitimate
2) THAT IT IS PROVED THAT FOR BIOLOGICAL OR OTHER SCIENTIFIC o The legitimacy of the child can likewise be questioned on the ground
REASONS, THE CHILD COULD NOT HAVE BEEN THAT OF THE that the marriage bet. husband & wife is void
§ But remember: a void marriage usually means that the child is Thus, this Chapter cannot apply to X. OFFSPRING is the
illegitimate for both husband & wife key requisite for the application of this entire chapter.
o Art. 167 – makes it impossible for the wife to file an action to impugn § CASE: Benitez-Badua v. CA – A person claims to be the only
the legitimacy of her child daughter of a deceased married couple. The oppositors, however,
§ Even if a wife is declared adulterous by courts, or is aware that presented evidence to show that the alleged “daughter” could not
her husband is not the father, her knowledge or sentence will have have been that of the deceased, as they were both unable to
no bearing & can never affect the legitimate status of the child physically procreate. This is true even if the couple treated the
born or conceived inside a valid marriage daughter as their own child, & even they even falsified a
§ Only husband can contest legitimacy if he & his wife are in a valid certificate of birth to reflect that she was their child.
marriage • Declaration of Legitimacy
o SCENARIO (A) o CC provisions provide presumptions; FC provisions are declarations
§ Q: What if the wife did not actually want to get pregnant & have o In all cases where a husband assails the legitimacy of an issue sired by
the baby, but was drugged & her husband conspired to impregnate his wife, all doubts are resolved in favor of legitimacy because of the
her with the doctor? universal presumption of legitimacy
• A: The wife cannot do anything about it; she cannot § A woman is innocent until proven guilty (of having sex with
impugn the child. someone else)
§ Q: In reverse, what if it is the husband who is drugged by the wife • Rebutting Presumption
& his sperm was taken, but without written authorization? o While the presumption is a strong one, if reason & experience dictates
• A: Husband cannot use Art. 166(3) for his defense. He may that it should not hold, then the presumption should be disregarded
use other reasons instead. § Only upon convincing evidence
o Art. 166 & 167 – only apply when the child has been delivered by his o Art. 166 – grounds to impugn legitimacy are exclusive
natural mother (condition sine qua non) § Invoked by husband &, in proper cases, the heirs
§ Do not apply when the alleged mother did not deliver the baby o Court needs clear & convincing proof of illegitimacy
herself • 120-300-Day Period
§ CASE: Chua Keng Giap v. IAC – If a person claims to be the son o Ordinarily, a woman carries a child for 270-280 days after conception
of an alleged woman & of the decedent whose properties are being o Average longest period = 300 days (10 months)
liquidated, but said person was not actually delivered from the o First 120 days = 1st 4 months
womb of the alleged mother, the mother can validly declare that o When a child is born inside a marriage, sex is presumed between
the said person is not her child because she never gave birth to husband & wife within the 1st 120 days of the 300 days immediately
him preceding the birth of the child
• Ex. Husband was already dead. At the wake, suddenly, a § Any day within the 1st 120 days is presumed to be when the child
certain person came (X) who said to the wife, “I’m your was conceived
child.” It was held that X is not an offspring of the wife. § Timespan bet. 120th day & 300th day = 180 days (6 months)
• The period of viability o Can also be by the laws of nature:
• Child may be born without defects even if the gestation § A white couple cannot have a black baby
period is only 6 months § BUT parents must show evidence that they have zero black
• Physical Incapacity ancestry
o Impotence/sterility must be proven with evidence so strong & • Sterility
convincing as to justify the bastardization of the child o Relative condition, both as to degree & as to time
o Mere sterility is not a ground for annulment/nullification of marriage o As proof of non-paternity on the grounds of biological or scientific
o CASE: Tarleton v. Thompson - Where it was shown that a man’s penis reasons, the husband must be shown to be completely sterile at the time
head was already cut off & necessitated insertion of metal sounds for the child was conceived
him to urinate, the man still failed to impugn the legitimacy of the child o It only takes one sperm to fertilize successfully
because it was shown that he still had sex with other women o CASE: Lucas v. William – A husband was “sterile” 7 years before the
• Living Separately birth of the child, as shown by medical evidence, & an exam 4 years
o To rebut presumption of legitimacy, the husband & wife have to live after the birth indicated he was sterile at that time.
separately in such a way that sex is truly impossible § SC: The legitimacy of the child was not conclusively rebutted,
o Example: If the husband can prove he was living in another country for because there is still no proof that the husband was sterile at the
the entire questioned period – has to be completely impossible time of the conception of the child
o Mere remoteness is not sufficient to disavow paternity • Vasectomy
§ Bare testimony of the husband that he & his wife live 30 miles o Not enough proof to rebut the presumption of legitimacy of a child
away from each other at the time of the child’s conception is not sired
enough to show that the child is illegitimate, as sex with his wife o Must be coupled with concrete proof that the husband is completely
was not impossible given the distance sterile & re channelization of tubes did not occur
§ Even the husband & wife living separately & 170 miles away is • Scientific Testing
not enough o Several blood tests (such as A-B-O test) have only been accurate in
o A child born 11 years after the mother left her husband for England & excluding paternity (ensuring a person is not the father)
came to England with her paramour is proof that the child is not the o Current test: DNA test – SC has declared it is a valid procedure for
legitimate son of the husband determining paternity
• Serious Illness § DNA result that excludes the putative father from paternity is
o Serious enough to absolutely prevent husband from engaging in sex conclusive proof of non-paternity
o Doctor’s statement that the husband is truly not physically capable of • Vitiated Consent in Artificial Insemination
performing the sexual act as it was not possible for him to enter a o If the written authorization or ratification is obtained through fraud,
woman in such a manner as to allow the spermatozoa to find the ova violence, intimidation or undue influence, the legitimacy of the child
• Biological & Scientific Reasons may be impugned
o If a DNA test proves with certainty that one is not the father
§ But only the husband can impugn, due to Art. 170, or heirs in Art. o If the donor were a man other than the husband & the husband,
171 objecting to the artificial insemination, did not want to comply with the
§ Fraud/undue influence can also be asserted by 3rd persons on both procedure in Art. 164, he can impugn using Art. 166(1)[a][b][c] & (2).
the spouses or any one of them § Same course of action if the husband initially acceded to the
o Husband or heirs can allege that: artificial insemination, but failed or refused to comply with the
§ The wife was subjected to these causes, or requirements under Art. 164, then later on impugned the child’s
§ The husband was himself subjected to the same or legitimacy
§ Both of them were subjected • He must impugn within the prescriptive period in Art. 170
o Even if the mother was subjected to these cases, she cannot file a case o If the husband agrees to wife’s artificial insemination with another
to impugn the legitimacy of the child because she is not given legal man’s sperm & they observed all the requirements in Art. 164, he
standing to do so (Art. 167, 170, 171) CANNOT impugn the legitimacy of the child
• Non-Observance of Procedure Relative to Artificial Insemination § Art. 166 (1)(2) & (3) cannot be invoked because he knew the
o Law does not provide that the failure to comply with the procedure laid sperm was not his before agreeing to the process
down in Art. 164 will constitute a ground to impugn the legitimacy of § Art. 166(2) also provides that, when Art. 164 is observed,
a child impugning legitimacy for biological or other scientific reasons
§ However, if the husband consented & the sperm was his, it is cannot be invoked
almost impossible that he would contest the legitimacy of the
child
• If he decides to impugn the child later on, the case will fail, ARTICLE 168. IF THE MARRIAGE IS TERMINATED & THE MOTHER
regardless of lack of procedural compliance CONTRACTED ANOTHER MARRIAGE WITHIN 300 DAYS AFTER SUCH
• He is bound by his consent TERMINATION OF THE FORMER MARRIAGE, THESE RULES SHALL GOVERN
o If the wife was able to obtain a sperm sample of her husband’s which IN THE ABSENCE OF PROOF TO THE CONTRARY:
the latter contributed to a sperm bank & used it for artificial 1) A CHILD BORN BEFORE 180 DAYS50 AFTER THE SOLEMNIZATION
insemination w/o husband’s knowledge OF THE SUBSEQUENT MARRIAGE IS CONSIDERED TO HAVE BEEN
§ Husband can impugn the legitimacy of the child using Art. CONCEIVED DURING THE FORMER MARRIAGE, PROVIDED IT BE
166(1)[a][b][c] & (2), as it was physically impossible for him to
BORN WITHIN 300 DAYS AFTER THE TERMINATION OF THE FORMER
have sex with his wife at the time the child was conceived
MARRIAGE;
o If the husband acceded to the artificial insemination of his wife using
2) A CHILD BORN AFTER 180 DAYS51 FOLLOWING THE CELEBRATION
the sperm of another man, & he fails to comply with the procedure in
OF THE SUBSEQUENT MARRIAGE IS CONSIDERED TO HAVE BEEN
2nd par. Of Art. 164, then allowed the prescriptive period for
impugning the child to pass, the child will be his legitimate child with CONCEIVED DURING SUCH MARRIAGE, EVEN THOUGH IT BE
his wife BORN WITHIN THE 300 DAYS AFTER THE TERMINATION OF THE
FORMER MARRIAGE.
• Art. 168 merely provides for a presumption; can be disproven by DNA test o If the mother marries a 2nd time & a child is born within 180 days from
• After 300 days have passed, there are no longer any presumptions the solemnization of the 2nd marriage & within the 300-day period
• Access Presumed Prior to Termination of Marriage after the termination of the 1st marriage
o Presumption holds even immediately before the official termination of § Child shall be considered to have been conceived in the 1st
the marriage marriage
§ It is not unlikely that the couple had sex just prior to the death of § It’s like saying that the 2nd husband & the wife only had sex when
one of them or just before the issuance of JDAOM/JDNOM they were already married & that the 1st husband & the wife had
o Remember: Law fixes the period of 300 days as the longest gestation sex before the end of their marriage
period for a child inside the womb of the mother • This rule avoids confusion & upholds woman’s virtue
• Access Not Presumed After Termination Marriage § Whether the child is legitimate or illegitimate depends on the
o When the marriage tie is severed or void from the beginning, the status of the 1st marriage
essential obligation of cohabitation is no longer present • Art. 36, 40 (52, 53), 45 – legitimate
§ No need to observe mutual fidelity or render help or support • All other void marriages – illegitimate
o Presumption is that they obeyed the JDAOM/JDNOM & have o If the child is born after 180 days following the celebration of the 2nd
separated marriage, but within the 300-day period since the 1st marriage, it is
o Art. 54: Children conceived or born before the finality of a decree of considered to have been the child of the 2nd marriage, in the absence
JDAOM (Art. 45) or nullity (Art. 36) are considered legitimate of proof to the contrary.
§ Even after the issuance of the decree, children born or conceived § If on the 100th day after the termination of the 1st marriage, the
prior to the FINALITY of the decree are considered legitimate woman remarries…
§ Unless appealed, decree become final after the lapse of 15 days • A child born on the 181st day after the solemnization of the
from the receipt of the decision 2nd marriage is a child of the 2nd marriage
• Presumption of Filiation in Case of 2 Marriages • Art. 36, 40 (52, 53), 45 – legitimate
o If there is convincing proof of filiation that the father of the child is the • All other void marriages – illegitimate
previous husband or the subsequent husband, the rules in Art. 168 will • Proof to the Contrary
not apply o If there is any confusion as to who the father is, or if the proofs are not
o Art. 168 only applies “in the absence of proof to the contrary” convincing or if there is no proof, then the presumptions in Art. 168
§ 180-day period – shortest gestation period will apply
§ 300-day period – longest gestation period o But if there is convincing proof, a child born after 180 days from the
o There is no presumption as to legitimacy or illegitimacy; the celebration of the subsequent marriage but within 300 days from the 1st
presumption is only with regard to WHEN the child is considered to marriage can still be recognized by law as the child of the 1st marriage
have been conceived o Once filiation is proven, the presumption of legitimacy attaches
§ The status of the child depends on the status of the marriage in
which he is considered to have been conceived
§ The father can still impugn such legitimacy on the basis of PROPER CASE, ANY OF HIS HEIRS, SHOULD RESIDE IN THE CITY OR
grounds in Art. 166 & within the prescriptive periods provided in MUNICIPALITY WHERE THE BIRTH TOOK PLACE OR WAS RECORDED.
Art. 170
IF THE HUSBAND, OR IN HIS DEFAULT, ALL OF HIS HEIRS DO NOT RESIDE
AT THE PLACE OF BIRTH AS DEFINED IN THE 1ST PARAGRAPH OR WHERE
ARTICLE 169. THE LEGITIMACY OR ILLEGITIMACY OF A CHILD BORN IT WAS RECORDED, THE PERIOD SHALL BE 2 YEARS IF THEY SHOULD RESIDE
AFTER 300 DAYS FOLLOWING THE TERMINATION OF THE MARRIAGE IN THE PHILIPPINES; & 3 YEARS IF ABROAD. IF THE BIRTH OF THE CHILD
SHALL BE PROVED BY WHOEVER ALLEGES SUCH LEGITIMACY OR HAS BEEN CONCEALED FROM OR WAS UNKNOWN TO THE HUSBAND OR
ILLEGITIMACY. HIS HEIRS, THE PERIOD SHALL BE COUNTED FROM THE DISCOVERY OR
• No Presumption for a Child Born After 300 Days After Termination of KNOWLEDGE OF THE BIRTH OF THE CHILD OR OF THE FACT OF
Marriage
REGISTRATION OF SAID BIRTH, WHICHEVER IS EARLIER.
o In the absence of any subsequent marriage after the termination of the
1st marriage, the father of a child born after 300 days from such
termination can be ANYBODY
ARTICLE 171. THE HEIRS OF THE HUSBAND MAY IMPUGN THE FILIATION
§ Includes the husband of the previous marriage
OF THE CHILD WITHIN THE PERIOD PRESCRIBED IN THE PRECEDING ART.
§ Convincing proofs & evidence of filiation must be shown
ONLY IN THE FF. CASES:
o CASE: People v. Velasquez – The child was allegedly born of rape, 10
months & 11 days after the alleged date of said rape. The law, however, 1) IF THE HUSBAND SHOULD DIE BEFORE THE EXPIRATION OF THE
assumes that 300 days (10 months) is the longest gestation period. PERIOD FIXED FOR BRINGING HIS ACTION;
Thus, 311 days would be considered extraordinary by law & must be 2) IF HE SHOULD DIE AFTER THE FILING OF THE COMPLAINT, WITHOUT
backed up with convincing evidence. HAVING DESISTED THEREFROM; OR
§ SC held that the circumstances seemed to point to the possibility 3) IF THE CHILD WAS BORN AFTER THE DEATH OF THE HUSBAND.
of subsequent sexual acts between the alleged rapist & his victim,
thus there was some doubt on whether or not the accused & the • Prescriptive period is:
victim actually had sex voluntarily. Thus, SC concluded that the o 1 year from the KNOWLEDGE of recording at the local civil registrar
2 engaged in sex more than once, as asserted by the alleged rapist, o 1 year from the KNOLWEDGE of the birth of the child
contrary to the victim’s claims. • Counted from the day of discovery; there is no need for due diligence on the
part of the husband
• Parties
ARTICLE 170. THE ACTION TO IMPUGN THE LEGITIMACY OF THE CHILD o Impugning the legitimacy of a child is strictly a personal right
SHALL BE BROUGHT WITHIN 1 YEAR FROM THE KNOWLEDGE OF THE BIRTH § CANNOT be set up as a defense
OR ITS RECORDING IN THE CIVIL REGISTER, IF THE HUSBAND OR, IN A § CANNOT be a collateral issue or collaterally attacked
§ Impugned only through a direct suit precisely filed for the purpose § Respondent also had no legal personality to impugn the
of assailing the legitimacy of a child legitimacy of the niece, as the respondent was not the “husband”
o Principally, only the HUSBAND can file a direct action referred to in the law
§ Even if the child were conceived by a donor of sperm who is not § Legitimacy can only be directly attacked by the husband of the
the husband niece’s mother
§ His heirs can substitute him only under the conditions in Art. 171
o The husband (& his heirs) is the sole judge of determining whether or
not to file a proceeding, or continue the proceeding, disputing the ARTICLE 172. THE FILIATION OF LEGITIMATE CHILDREN IS ESTABLISHED BY
legitimacy of his wife’s child ANY OF THE FF.:
§ The husband is the only person who can know he is not the father 1) THE RECORD OF BIRTH APPEARING IN THE CIVIL REGISTER OR A
§ Generally, where a husband fails to file suit, no one can FINAL JUDGMENT; OR
subsequently assert the husband’s strictly personal right except 2) AN ADMISSION OF LEGITIMATE FILIATION IN A PUBLIC
the heirs in certain but very restricted situations DOCUMENT OR A PRIVATE HANDWRITTEN INSTRUMENT & SIGNED
o Example: If a wife gives birth to a child of her paramour, the said child
BY THE PARENT CONCERNED.
is born in the valid marriage between her & her husband
§ If not contested, the child is legitimate as to said husband & wife
IN THE ABSENCE OF THE FOREGOING EVIDENCE, THE LEGITIMATE
§ If the paramour files an action for the custody of the child, the
action shall be dismissed, because only the husband can claim the FILIATION SHALL BE PROVED BY:
child is illegitimate 1) THE OPEN AND CONTINUOUS POSSESSION OF THE STATUS OF A
o CASE: Tison v. CA – A niece filed a reconveyance of certain LEGITIMATE CHILD; OR
properties formerly belonging to her aunt, as she is one of her aunt’s 2) ANY OTHER MEANS ALLOWED BY THE RULES OF COURT AND
heirs. To prove her filiation to her aunt, she presented evidence SPECIAL LAWS.
showing that she was the legitimate daughter of her father, who was
the brother of her aunt. The respondent filed a demurrer to evidence, • First paragraph:
claiming that the evidence presented by the niece was not enough to o Record of birth – must be signed by the father (SC: A record of birth
prove her legitimate filiation to her father, & consequently, her aunt. not signed by the father is not proof of filiation)
§ SC held that, though the evidences, taken separately & o Public instrument – e.g., SSS E1 Form the father submitted to the SSS
independently of each other were not necessarily sufficient to showing that the child is theirs is enough to qualify under Art. 172
establish proof of legitimacy, the niece could nevertheless avail of (latest SC decision)
the presumption of legitimacy which was never controverted by o Handwritten instrument – e.g., Dear wife, please take care of the child
any sufficient evidence by the respondent (the respondent in this in your womb. I love that child. Love, the future daddy (SC held this is
case was a 3rd party buyer of the lot, not related to the family) enough, in the Luna decision. No matter how informal the letter may
be).
o Final decision – e.g., father tried to eject his son from an apartment. • Filiation Established
The decision states that the case is concerning X, the father, & Y, the o Legitimacy cannot be made dependent on parental physiognomy or
son. This is NOT enough. The final decision has to be one on filiation. bodily marks of similarity
o Q: A & B are married. A & C got into a bigamous marriage. A & C § HOWEVER, resemblance between parent & child can serve as
have a child, C Jr. In the birth certificate of C Jr., it was C who signed material evidence to establish parentage IF accompanied by other
as father. strong evidence, whether direct or circumstantial, to prove
§ A: As between a presumption of fact (the signature of C in the filiation of the child
birth certificate) and a presumption of law (a child born in a • HOWEVER, SC has ruled that in the age of DNA testing,
legitimate marriage is legitimate), the latter prevails. C’s this stuff feels obsolete
argument will thus fail. o Art. 164: For as long as a child is conceived or born inside a valid
o Q: A impugns C Jr. Who can file a petition to claim the legitimate status marriage, they considered as legitimate
of the child making C the parent? § If child is conceived & born outside a valid marriage or inside a
§ A: The child, C Jr. Petition to claim legitimacy is transmissible to void marriage, they are declared by Art. 165 as illegitimate unless
the heirs, but the petition to claim illegitimacy is not transmissible otherwise provided by law
to the heirs. o Art. 172 refers to proofs of legitimacy; but according to Art. 175, they
• Second paragraph: can also be used to prove illegitimacy
o Open & continuous possession of status of a legitimate child – the § Art. 172 – does not derogate the declaration made by law; merely
continuous possession must be spontaneous, with, clear, willing, provides for the necessary documentary evidence to prove claims
intentional declaration of filiation (it should not be because of pity, of legitimate or illegitimate filiation
anger, or annoyance) § Legitimacy or illegitimacy does not arise from statements &
o Rules of Court – this is where DNA comes in (DNA, pedigree, family admissions made in documents mentioned in Art. (1) & (2); but
bible) from the fact that the children were conceived or born inside a
• If you are a LEGITIMATE child, you can use paragraph 1 or 2 whether the valid marriage, or otherwise, for illegitimacy
alleged father is alive or not. o Hence, Art. 172 pales in legal significance to a clear showing that a
• If you are an ILLEGITIMATE child, you can use all of them if the alleged child was born inside a valid marriage or not for legitimacy or
father is alive. If the alleged father is dead, you can no longer use paragraph illegitimacy
2. § Probative value of mentioned documents have great weight &
o Q: In an intestate proceeding, X, an illegitimate child, tries to claim the significance over all other evidence where
illegitimacy of the child. Can he do so if he has 1,000 pictures taken • The children were born 300 days following the termination
from birth to death and also DNA evidence? of a marriage & no subsequent marriage was entered into
§ A: No. He can only use paragraph 1. o Art. 169 – legitimacy/illegitimacy shall be proven
by whoever alleges it
• Record of Birth o Will not qualify under the law if:
o Good proof as it proceeds from an official government source § A private document that is not in the handwriting of the supposed
o Public document & prima facie evidence of the facts therein contained parent
§ Statements in the record of birth may be rebutted § Not a public instrument
§ BUT if there is no evidence to disprove the facts stated therein, § Examples of non-proof:
the presumption will hold & the children, as stated in the birth • It has been held that a child’s written consent to the
certificate, will be legitimate operation of her alleged father, not being written in the
o If certificate of live birth is signed by the parents (more particularly, handwriting of the alleged father, is not a proof of filiation
the father), such a certificate is self-authenticating & is a consummated • A secondary student permanent record not signed by the
act alleged father
§ No need to file any further action for acknowledgement • A marriage contract stating that advice of the alleged father
o If the alleged father did not sign the birth certificate, the placing of his was obtained, but said letter was not signed by the father
name by the mother, doctor or registrar is incompetent evidence of o CASE: Lim v. CA – In this case, SC held that there was no doubt that
paternity the petitioner was the father of the illegitimate child, due to the
o Between a presumption of fact created by a record of birth versus the evidence fully showing this.
presumption of law in Art. 164, Art. 164 prevails § It was petitioner who paid the bills for the hospitalization of the
• Final Judgment mother when she gave birth
o A final judgment bearing on the status of the child as legitimate is § He cause the registration of the name of the child using his
binding & conclusive surname in the birth certificate
§ A mere reportorial statement (obiter dictum) of the court, as § He wrote handwritten letters to the mom & child stating his
opposed to an actual final judgment, is not enough to establish promise “to be a loving husband & father to both of you.”
filiation § Various pictures of petitioner cuddling with child.
o A final judgment based on a compromise agreement where the parties • Open & Continuous Possession of Legitimate Status
agreed regarding a status of a person is void – against public policy & o In the absence of foregoing evidence, the legitimate or illegitimate
law filiation can be proven by open & continuous possession of the status
§ Art. 2035, CC: No compromise agreement upon the civil status of of being legitimate
persons is valid o “Continuous” as defined in Mendoza v. CA – does not mean that the
§ Paternity & filiation is a relationship that must be judicially concession of status shall continue forever but only that it shall not be
established of an intermittent character while it continues
• Admission in Public or Private Handwritten Document § Father treats the child as his own, directly & not through others,
o An admission in a public instrument or a private handwritten document spontaneously & without concealment though without publicity
& signed by the parent concerned is a complete act of recognition
§ No need for court intervention
§ Permanent intention of the supposed father to consider the child picture of the father by the mother to be able to recognize him it
as his own through clear & continuous manifestation of paternal was also held that there was no concrete proof
affection & care o Best proof is that father signed the birth/baptismal certificate/ DNA
o Paternal affection & care must not be attributed to pure charity Testing
o CASE: Jison v. CA – Not only conviction of paternity, but also that o Valid to prove paternity (as of 2002 case People v. Vallejo)
apparent desire to have & treat the child as such in all relations in o In assessing probative value, it must be established that the laboratory
society & life, not accidentally, but continuously complied with appropriate standards & controls, & had the available
§ Higher standard of proof is needed; evidence must be clear & testing data & results
convincing, such as: § How the samples were collected. How they were handled,
• Sending appellant to school, paying for tuition, school possibility of contamination, procedure in analyzing samples,
uniforms, books, etc., defraying hospital expenses, whether proper standards were used in analyzing the samples &
providing a monthly allowance, responding to appellant’s conducting the tests, the qualification of the analyst who
paternal greetings, recommending her employment, conducted it
allowing her to use his home in Bacolod, allowing o If scientific, technical or other specialized knowledge will assist the
appellant to use his surname trier of fact in determining a fact in issue, a witness qualified as an
o NOT considered open & continuous possession expert by knowledge, skill, experience, training or education may
§ Supposed father & child have met only 4 times for money testify thereto in the form of an opinion or otherwise if:
§ Must be spontaneous & uninterrupted § The testimony is based upon sufficient facts or data
• Evidence under the Rules of Court & Special Laws § The testimony is the product of reliable principles & methods
o NOT considered proof: pictures, typewritten letters, affidavits, use of § The witness has applied the principles & methods reliably to the
surname after father’s death without his consent facts of the case
o In earlier cases, SC did not allow baptismal records as proof of filiation o 99.9% is the minimum value of the Probability of Paternity prior to a
o HOWEVER, in a more recent case SC held that “any means allowed paternity inclusion
by the Rules of Court & special laws can be used” o DNA analysis that excludes putative father from paternity should be
§ Baptismal certificates, judicial admission, family bible in which conclusive proof of non-paternity
child’s name is entered, admission by silence, testimony of § If the value is less than 99.9%, the results of DNA tests should
witnesses (Rule 130, Rules of Court) serve as corroborative evidence
§ But for baptismal certificate to be proof, it must be shown that the § If the value of W is 99.9% or higher, then there is a refutable
father had therein participated in the preparation of the same; if presumption of paternity which should be subject to the Vallejo
not signed, it is not competent proof standards (i.e. observance of proper procedures)
§ Where a priest who officiated the baptism claimed that he could o CASE: Lucas v. Lucas – The issue of a DNA testing order remains
recognize the father of the child as he was there during the discretionary upon the court. It may consider whether or not a DNA
baptism, but at the same time testified that he had to be shown a test is absolutely necessary. If there is already preponderance f
evidence to establish paternity & the DNA test would only be 2) TO RECEIVE SUPPORT FROM THEIR PARENTS, THEIR ASCENDANTS,
corroborative, the court may choose to disallow the DNA testing. & IN PROPER CASES, THEIR BROTHERS & SISTERS, IN CONFORMITY
WITH THE PROVISIONS OF THIS CODE ON SUPPORT;
3) TO BE ENTITLED TO THE LEGITIME & OTHER SUCCESSIONAL RIGHTS
ARTICLE 173. THE ACTION TO CLAIM LEGITIMACY MAY BE BROUGHT BY GRANTED TO THEM BY THE CIVIL CODE.
THE CHILD DURING HIS OR HER LIFETIME & SHALL BE TRANSMITTED TO THE
HEIRS SHOULD THE CHILD DIE DURING MINORITY OR IN A STATE OF • Q: The child can actually use the surname of the father OR the mother. The
INSANITY. IN THESE CASES, THE HEIR SHALL HAVE A PERIOD OF 5 YEARS mother’s surname can be used if there are COMPELLING REASONS. In
WITHIN WHICH TO INSTITUTE THE ACTION. that case, the child tried to change his surname because he did not like the
surname because it is hard to pronounce. Is that enough to use the mother’s
THE ACTION ALREADY COMMENCED BY THE CHILD SHALL SURVIVE surname?
NOTWITHSTANDING THE DEATH OF EITHER OR BOTH OF THE PARTIES o A: NO. That reason is not considered compelling.
• Q: Can a child take out the middle name which he got from his mom?
• Action to Claim Legitimacy o A: NO.
o Right of action for legitimacy devolving upon the child is of a personal • Rights of Legitimate Children
character o Greatest & preferential sum of rights is given to the legitimate child
§ Generally pertains exclusively to him o Example: X has a legitimate child Y.
§ Only the child may exercise it at any time during his lifetime § Y has 2 children: O, who is legitimate, & P, who is illegitimate
o Three cases where, as an exception, it may be transmitted to the heirs § If Y dies before X, then X later dies…
of the child: • O will inherit from X by right of representation, as Y would
§ If he dies during minority have inherited had he not died prior to X (Art. 970-973,
§ If he dies while insane CC)
§ If he dies after the action had already been instituted • P cannot inherit by right of representation, because
o Right of actin accruing to the child lasts a whole lifetime; he may illegitimate children cannot inherit from legitimate
exercise it either against the presumed parents, or the heirs of the relatives (Art. 992, CC), such as X, though X is P’s
presumed parents grandfather
• Action for compulsory recognition § RULE: Illegitimate children are entitled to support until their
grandparents, but they get no inheritance from their grandparents
• Inheritance of illegitimate children is limited to inheritance
ARTICLE 174. LEGITIMATE CHILDREN SHALL HAVE THE RIGHT: from their parents
1) TO BEAR THE SURNAME OF THE FATHER & THE MOTHER, IN
CONFORMITY WITH THE PROVISIONS OF THE CIVIL CODE ON
SURNAMES;
LEGITIMATE CHILD ILLEGITIMATE CHILD ARTICLE 175. ILLEGITIMATE CHILDREN MAY ESTABLISH THEIR ILLEGITIMATE
FILIATION IN THE SAME WAY & ON THE SAME EVIDENCE AS LEGITIMATE
Filing Claims & Has his lifetime to file an Has his lifetime to file an
Proof action to claim legitimacy, action to claim illegitimacy CHILDREN.
regardless of the type of only if he uses proofs under
proofs provided for in Art. par. 1 of Art. 172. THE ACTION MUST BE BROUGHT WITHIN THE SAME PERIOD AS SPECIFIED
172 IN ART. 173, EXCEPT WHEN ACTION IS BASED ON THE 2ND PAR. OF ART.
If he uses proofs under par. 2 172, IN WHICH CASE THE ACTION MAY BE BROUGHT DURING THE
of Art. 172, he only has until LIFETIME OF THE ALLEGED PARENT.
the lifetime of the parent
Transmission to Right to file an action to Right of an illegitimate child is • Obligation of Father to Illegitimate Child
Heirs of Right to claim legitimacy can be not transferrable to his heirs o Support
File Claim transmitted to his heirs o (Possibly) a surname
(Art. 173) • Claim of Illegitimate Children
Support in the Entitled to receive support Entitled to receive support o A child is born outside a valid marriage or inside a void marriage,
Same Direct Line from any of his ascendants only up to his grandparents & except Art. 54
& descendants his grandchildren (Art. 195 o If a philandering husband has a concubine, a child of such concubine
[2], [3]) by said philandering husband is surely illegitimate
Successional Gets 1 whole portion as Gets ½ of the legitime of a § Illegitimate child may file an action to claim his illegitimate status
Rights legitime, as compared to the legitimate child § BUT if the concubine has her own spouse, the child cannot file an
illegitimate child action to claim his illegitimate status against the philandering
Surname Principally bears the Generally bears the surname husband though the latter is his natural father
surname of his father (Art. of the mother • The child is born in the valid marriage of the concubine &
364, CC) her own husband, so the child is legitimate, but under this
Inheriting ab Legitimate child can inherit No right to inherit ab intestate marriage the concubine’s spouse is the one with the power
intestato* ab intestato from the from the legitimate children & to file a case to impugn the legitimacy of the child
legitimate children & relatives of his father or • If concubine’s spouse never files a case, the child will
relatives of his father or mother (Art. 992, CC) continue to be the legitimate child of the concubine & her
mother spouse, & not the illegitimate child of the concubine & the
philanderer
• To allow a child to file a case to claim his illegitimate status
would allow him to impugn his legitimate status, which
cannot be done
• Only concubine’s spouse & his heirs can file a case § Rules for the admission of declarations of pedigree into evidence:
regarding the child’s legitimacy • The declarant is dead or unable to testify
• The child can only file to claim his illegitimate status if the • The pedigree must be in issue
concubine’s spouse or his heirs are successful in • The declarant must be a relative of the person whose
questioning his legitimacy under the marriage of the pedigree is in issue
concubine & her spouse • The declaration must be made before the controversy
o Child must have proofs of filiation & must follow prescriptive periods • The relationship between the declarant & the person whose
• Proofs pedigree is in question must be shown by evidence other
o Same proofs in Art. 172 may be used for illegitimate children in than such declaration
proving filiation o CASE: Jison v. CA - Private letters & notes were presented to prove
o Explanation in Art. 173 is also applicable to 174 filiation under the Rules of Court, Sec. 40: “entries in family bibles or
o A judicial testimony which has not been rebutted or disputed by the other family books or charts, engravings on rings, family portraits &
alleged father is sufficient to prove paternity the like”; however SC ruled that such private documents do not fall
o CASE: Mendoza v. CA – Established the rules of evidence in proving under the phrase “and the like” of the said rule
paternity § “And the like” is limited to objects which are commonly known
§ “Any other means allowed by the Rules of Court” – may consist as “family possessions” & are in effect, a family’s joint statement
of a combination of various proofs, such as: baptismal certificate, of its belief as to the pedigree of a person
family bible, common reputation respecting his pedigree, § Other possibilities: tombstones, monuments or coffin plates
admission by silence, the testimonies of witnesses, other kinds of o CASE: Constantino v. Mendez – If the birth of the illegitimate child is
proof admissible in Rule 130 of the Rules of Court way beyond 9 months from the approximate time of conception, this
• Rule 130, Sec. 39 – “The act or declaration of a person can negate any claim of filiation
deceased, or unable to testify, in respect to the pedigree of § The woman claimed she had sex with the alleged father on the
another person related to him by birth or marriage, may be first week or second week of November, 1974 but at the same time
received in evidence where: she later said she could not remember the date of their last sexual
o It occurred before the controversy intercourse in November 1974; thus, she failed to establish the
o The relationship between the persons is shown by crucial point on direct examination on which specific date or dates
evidence other than such act or declaration she had sex with the alleged father
o Serves as an exception to the hearsay rule § It is not enough that she said they had sex on “September, October
• “Pedigree” includes relationship, family genealogy, birth, & November, 1974” if she cannot say for certain they had sex on
marriage, death, the dates when & the places where these the crucial dates
facts occurred, & the names of the relatives (facts of family § Furthermore, the child was born on August 3, 1975, when there is
history) proof that the mother sent a letter to her attorney on February 11,
1975 that she was 4 months pregnant with a child—way past the
traditional 267 days for a full term baby, which the mother said FATHER THROUGH THE RECORD OF BIRTH APPEARING IN THE CIVIL
her baby was REGISTER, OR WHEN AN ADMISSION IN A PUBLIC DOCUMENT OR
§ The evidence of paternity was held to be not clear & convincing PRIVATE HANDWRITTEN INSTRUMENT IS MADE BY THE FATHER. PROVIDED,
o CASE: Verceles v. Posada – Admitted love letters of petitioner in his THE FATHER HAS THE RIGHT TO INSTITUTE AN ACTION BEFORE THE
own handwriting & using an alias, declaring that, should respondent be REGULAR COURTS TO PROVE NON-FILIATION DURING HIS LIFETIME. THE
pregnant, he will have no regrets, qualifies as a private handwritten
LEGITIME OF EACH ILLEGITIMATE CHILD SHALL CONSIST OF ½ OF THE
instrument that can establish filiation
LEGITIME OF A LEGITIMATE CHILD.
o CASE: Salas v. Matusalem – birth certificate unsigned by the dad,
dad’s handwritten notes without statements admitting paternity, mere
• General Rule: Illegitimate child’s surname is the mother’s surname.
proof of visits & photos of the mom, dad, & child together were NOT
• Exception: If the illegitimate child wants to use the surname of the father,
deemed to be overwhelming evidence, documentary & testimonial,
there is no need to go to court (unlike when the child is legitimate who wants
enough to prove filiation
to use the mom’s surname).
• Prescriptive Period
• The illegitimate child only needs to go to LCR, with affidavit of father
o Par. 1, Art. 172 – Illegitimate child has whole lifetime to bring action
consenting, & have that registered.
o Par. 2, Art. 172 – During the lifetime of the alleged parent only
§ CASE: Tayag v. CA – An illegitimate child brought an action for • If an illegitimate child uses the surname of the mother, is there a middle
name for the illegitimate child?
partition after the death of the alleged father & prior to the
effectivity of FC. The issue on his illegitimacy had to be answered o The illegitimate child will not have a middle name. (SC decision)
o But an illegitimate child who uses the surname of the father would have
collaterally. Is ground was his alleged continuous possession of
the status of an illegitimate child. a middle name (i.e., the mother’s).
• SC: When the case hit SC, FC had taken effect. Thus, SC • Q: An illegitimate child was allowed to use the surname of the father
dismissed the case because the father had died, & thus the following the requisites of the law. Can the mother ask that the surname be
reverted to hers again?
illegitimate child could no longer use this ground to prove
filiation. o Yes, the mother can if she goes to court.
o A party must be allowed to adduce proof of his illegitimacy to be able • Rights of an Illegitimate Child
to know whether he falls under Art. 172 par. 1 or 2. o Surname of the mother
o ½ the legitime of a legitimate child
ARTICLE 176. ILLEGITIMATE CHILDREN SHALL USE THE SURNAME & SHALL • Parental Authority
o Illegitimate child is under the parental authority of the mother
BE UNDER THE PARENTAL AUTHORITY OF THEIR MOTHER, & SHALL BE
§ Father is NOT given parental authority, even if there is
ENTITLED TO SUPPORT IN CONFORMITY WITH THIS CODE.
recognition on his part that the child is his
o CASE: David v. CA (Briones)– Where a person who lives exclusively
HOWEVER, ILLEGITIMATE CHILDREN MAY USE THE SURNAME OF THEIR
with his legitimate family got hold of his legitimate son from the
FATHER IF THEIR FILIATION HAS BEEN EXPRESSLY RECOGNIZED BY THE mother, who was obviously not living with the father, X stated that the
illegitimate son is under the parental authority of the mother who, as a ARTICLE 177. CHILDREN CONCEIVED & BORN OUTSIDE OF WEDLOCK OF
consequence of such authority, is entitled to have custody of him. PARENTS WHO, AT THE TIME OF THE CONCEPTION OF THE FORMER, WERE
§ Paternity is certain, but the father was not cohabiting with the NOT DISQUALIFIED BY ANY IMPEDIMENT TO MARRY EACH OTHER, OR
mother. WERE SO DISQUALIFIED ONLY BECAUSE EITHER OR BOTH OF THEM WERE
o But for Sta. Maria, this ruling by Briones is quite strict. BELOW 18 YEARS AGE, MAY BE LEGITIMATED.
§ Sta. Maria: If the alleged father admits that the child is his & it is
shown that it is really conclusively his child & he even
acknowledges that the child is his, & the said father lives together
ARTICLE 178. LEGITIMATION SHALL TAKE PLACE BY A SUBSEQUENT VALID
with the child & the mother under a void marriage without the
MARRIAGE BETWEEN PARENTS. THE ANNULMENT OF A VOIDABLE
benefit of marriage, Art. 211 applies – “the father & mother shall
MARRIAGE SHALL NOT AFFECT LEGITIMATION.
jointly exercise parental authority over the person of their
common children. In case of disagreement, the father’s decision
shall prevail, unless there is a judicial order to the contrary.”
ARTICLE 179. LEGITIMATED CHILDREN SHALL ENJOY THE SAME RIGHTS AS
§ In this case, parental authority will be exercised by both dad &
mom THE LEGITIMATE CHILDREN
o Once parental authority is established, it cannot be waived except in
cases of
§ Adoption ARTICLE 180. THE EFFECTS OF LEGITIMATION SHALL RETROACT TO THE
§ Guardianship TIME OF THE CHILD’S BIRTH.
§ Surrender to a children’s home or orphan institution
o But parental authority can be terminated on legal grounds provided in • Statutory Creation
FC o Before a child may be legitimated, requirements of law must be strictly
• Surname complied with
o Surname of the mother is used, generally. o Remedial in character – intended for the benefit & protection of
§ But illegitimate children may use the surname of their father if innocent offspring; may be applied retroactively & must be liberally
their filiation has been expressly recognized by the father through construed (nevertheless, requirements must be complied with)
• Record of birth appearing in the civil registrar • Requirements
• Admission in a public document or private o The mandatory requisites for legitimation:
handwritten instrument made by the father § Parents do not suffer any legal impediment OR are only
§ Nevertheless, father has the right to institute an action before the disqualified to marry because either or both of them were 18 at
regular courts to prove non-filiation during his lifetime the time of the conception of the child by the mother
§ The child has been conceived & born outside a valid marriage
§ The parents subsequently enter into a valid marriage
• This last step legitimates the child
• Even a later annulment will not change legitimacy anymore § Adoption – only relationship created is between parent & child
o It has been held that where the essential elements of legitimation § Legitimation – creates the total & full extent of the blood-
existed prior to the passage of the legitimating statute, legitimation is relationship existing within the family, including all ascendants,
deemed to occur as of the time the statute becomes effective descendants & collateral relatives
§ Example: In the Civil Code, before a child could be legitimated,
such child must also be first acknowledged by the father
• If B gives birth to X in 1983 & father M does not want to ARTICLE 181. THE LEGITIMATION OF CHILDREN WHO DIED BEFORE THE
acknowledge that X is his child, X will not be legitimated CELEBRATION OF THE MARRIAGE SHALL BENEFIT THEIR DESCENDANTS.
even if B & M enter into a subsequent valid marriage in • Benefit to Descendants
1984 o Art. 195(2) – Legitimate ascendants & descendants are obliged to
• However, on Aug. 3 1988, X will be legitimated even if M support each other
still does not acknowledge him. § A great grandparent is obliged to support his great grandchild
o HOWEVER, when a legitimating statute adopted after the birth of an § Art. 195(4) – In case there is an illegitimate child involved,
illegitimate child may have the effect of legitimating the child, it will parents are only obliged to support their illegitimate children &
NOT affect property rights which have already vested the illegitimate children of the latter only (illegitimate
§ Using the same example, if M dies in 1985 & X is considered grandchildren)
legitimated in Aug. 3 1988, X will not have a claim anymore as to o Example: Maria & Jose are not married but are capacitated to marry.
property rights which have been transferred to the legitimate They have an illegitimate child, Pedro. Pedro in turn has a child,
children of B & M upon M’s death. Miguel. Miguel then has a child, Jose
o Generally, legitimation cannot occur if either or both of the parents, at § Miguel, Maria & Jose’s grandchild, is entitled to support from
the time of the conception of the child, were disqualified by any them. Jose, however, Maria & Jose’s great grandchild, is not
impediment to marry - thus, such a child would never be legitimated entitled to support
§ EXCEPT if the impediment is that either or both being under 18 § HOWEVER, if Maria & Jose marry after Pedro dies, Jose will be
§ Cannot be legitimated: entitled to support as the legitimated great grandchild
• Adulterous children, especially if the parents marry years
after the birth of the child
• Bigamous children ARTICLE 182. LEGITIMATION MAY BE IMPUGNED ONLY BY THOSE WHO
• Effects of Legitimation ARE PREJUDICED IN THEIR RIGHTS, WITHIN 5 YEARS FROM THE TIME THEIR
o Retroacts to the child’s birth CAUSE OF ACTION ACCRUES.
o Enjoy the same rights as legitimate children • Prescriptive Period
o Unlike adoption where the extent of filial relationship is defined by o Rights here are understood to be successional rights
law, the provisions on legitimation puts the legitimated child on equal § Those who can be prejudiced – legal heirs of parents
footing with the child born legitimate
§ If the legitimated child continued to be illegitimate, said child Adoption, Nationally & Internationally; & the Hague
would only be given half the inheritance of a legitimate child Convention on the Protection of Children & Cooperation in
o If the legitimation is irregular, the heirs can file suit to protect their Respect of Intercountry Adoption. Toward this end, the State
rights shall provide alternative protection & assistance through foster
o Cause of action: only upon the death of the parents of the legitimated care or adoption for every child who is neglected, orphaned,
child
or abandoned.
o Even an adopted child can be a prejudiced heir of his adopter & his
c) It shall also be a State policy to:
natural parents in case a child of the said parents is legitimated
i. Safeguard the biological parent(s) from making hurried
decisions to relinquish his/her parental authority over
his/her child;
ADOPTION (Art 183-193; Repealed) ii. Prevent the child from unnecessary separation from
his/her biological parent(s);
iii. Protect adoptive parent(s) from attempts to disturb
DOMESTIC ADOPTION ACT OF 1998 [RA 8552] - FEB. 25, 1998 his/her parental authority & custody over his/her
adopted child.
ARTICLE 1. GENERAL PROVISIONS Any voluntary or involuntary termination of
parental authority shall be administratively or judicially
Section 2. Declaration of Policies declared so as to establish the status of the child as
a) It is hereby declared the policy of the State to ensure that every “legally available for adoption” & his/her custody
child remains under the care & custody of his/her parent(s) & transferred to the Department of Social Welfare &
be provided with love, care, understanding & security towards Development or to any duly licensed & accredited
the full & harmonious development of his/her personality. Only child-placing or child-caring agency, which entity shall
when such efforts prove insufficient & no appropriate be authorized to take steps for the permanent
placement or adoption within the child’s extended family is placement of the child;
available shall adoption by an unrelated person be iv. Conduct public information & educational campaigns
considered. to promote a positive environment for adoption;
b) In all matters relating to the care, custody & adoption of a v. Ensure that sufficient capacity exists within government
child, his/her interest shall be the paramount consideration in & private sector agencies to handle adoption inquiries,
accordance with the tenets set forth in the United Nations (UN) process domestic adoption applications, & offer
Convention on the Rights of the Child; UN Declaration on Social adoption-related services including, but not limited to,
& Legal Principles Relating to the Protection & Welfare of
Children with Special Reference to Foster Placement &
parent preparation & post-adoption education & of both adopter(s) & adoptee in stabilizing their filial
counseling; & relationship.
vi. Encourage domestic adoption so as to preserve the g) “Department” refers to the DSWD.
child’s identity & culture in his/her native land, & only h) “Child-placing agency” is a duly licensed & accredited
when this is,not available shall intercountry adoption be agency by the Department to provide comprehensive child
considered as a last resort. welfare services including, but not limited to, receiving
applications for adoption, evaluating the prospective
Section 3. Definition of Terms - For purposes of this Act, the following adoptive parents, & preparing the adoption home study.
terms shall be defined as: i) “Child-caring agency” is a duly licensed & accredited agency
a) “Child” is a person below eighteen (18) years of age. by the Department that provides twenty four (24)-hour
b) “A child legally available for adoption” refers to a child who residential care services for abandoned, orphaned,
has been voluntarily or involuntarily committed to the neglected, or voluntarily committed.
Department or to a duly licensed & accredited child-placing j) “Simulation of birth’ is the tampering of the civil registry making
or child-caring agency freed of the parental authority of it appear in the birth records that a certain child was born to
his/her biological parent(s) or guardian or adopters) in case of a person who is not his/her biological mother, causing such
rescission of adoption. child to lose his/her true identity & status.
c) “Voluntarily committed child” is one whose parent(s)
knowingly & willingly relinquishes parental authority to the • Statutory Construction
Department. o Adoption is a purely statutory creation
d) “Involuntarily committed child” is one whose parent(s), known § All statutory requirements for adoption must be met
or unknown, has been permanently & judicially deprived of § Where a court issues an adoption decree despite the fact
parental authority due to abandonment; substantial, that all said requirements are not met, such decree is a
continuous, or repeated neglect; abuse; or incompetence to nullity.
§ Example: A child by adoption cannot inherit from the
discharge parental responsibilities.
parent by adoption unless the act of adoption has been done
e) “Abandoned child”, refers to one who has no proper parental
in strict accord with the statute
care or guardianship or whose parent(s) has deserted him/her
o Burden of proof: the person claiming such relationship
for a period of at least six (6) continuous months & has been
§ One must prove compliance with statutes relating to
judicially declared as such. adoption in the jurisdiction where the adoption occurred
f) “Supervised trial custody” is a period of time within which a o If the mandatory requirements are present, & there are only
social worker oversees the adjustment & emotional readiness irregularities, substantial compliance with mandatory requisites is
enough
o Always, the primary consideration in adoption is the interest & a) Biological Parent(s) – Counseling shall be provided to the
welfare of the child parent(s) before & after the birth of his/her child. No binding
o The adopted is not a sibling of the natural child of the adopter. The commitment to an adoption plan shall be permitted before
adopted is not related to the father of the adopter. The only creation the birth of his/her child. A period of six (6) months shall be
of the law in adoption, by legal fiction, is that of parent & child. allowed for the biological parent(s) to reconsider any decision
§ Yet at the same, despite the creation of only that
to relinquish his/her child for adoption before the decision
relationship, there are some prohibitions – like a legitimate
becomes irrevocable. Counseling & rehabilitation services shall
child of the adopter cannot marry the adopted child of the
also be offered to the biological parent(s) after he/she has
adopter. These explicit statutory provisions, you must take
relinquished his/her child for adoption.
note of.
o In an adoption proceeding, the technical rules of pleading should Steps shall be taken by the Department to ensure that
not be stringently applied. no hurried decisions are made & all alternatives for the child’s
o It is deemed more important that the petition should give facts future & the implications of each alternative have been
relating to the child & its parents, which may give information to provided.
those interested, than that it should be formally correct as a b) Prospective Adoptive Parent(s) – Counseling sessions, adoption
pleading. fora & seminars, among others, shall be provided to
o Punctiliousness in language should yield to & be eschewed in the prospective adoptive parent(s) to resolve possible adoption
higher considerations of substantial justice. The future of an issues & to prepare him/her for effective parenting.
innocent child must not be compromised by arbitrary insistence of c) Prospective Adoptee – Counseling sessions shall be provided
rigid adherence to procedural rules in the form of pleadings. to ensure that he/she understands the nature & effects of
• Philosophy Behind Adoption adoption & is able to express his/her views on adoption in
o Old tendency: benefits the parents, so they have the opportunity to accordance with his/her age & level of maturity.
have a child
o Present tendency: geared towards the promotion of the welfare of
Section 5. Location of Unknown Parent(s). – It shall be the duty of the
the child & the enhancement of his or her opportunities for a useful
Department or the child-placing or child-caring agency which has
& happy life
custody of the child to exert all efforts to locate his/her unknown
biological parent(s). If such efforts fail, the child shall be registered as
a foundling & subsequently be the subject of legal proceedings where
ARTICLE 2. PRE-ADOPTION SERVICES
he/she shall be declared abandoned.
Section 4. Counseling Services. – The Department shall provide the

services of licensed social workers to the following:
Section 6. Support Services. – The Department shall develop a pre- • (a) There is physical neglect when the child is malnourished, ill-
adoption program which shall include, among others, the clad, & without proper shelter. A child is unattended when left by
abovementioned services. himself/herself without proper provisions &/or without proper
supervision.
• Counselling session for: natural parents, adopter & adoptee • (b) There is emotional neglect when the child is maltreated, raped,
• Search for Biological Parents seduced, exploited, overworked, or made to work under
o The natural & biological parents of the child are always given the conditions not conducive to good health; or is made to beg in the
preference in the custody of their own children streets or public places; or when children are in mortal danger, or
o Before adoption can proceed, the law requires that the child’s parents, exposed to gambling, prostitution, & other vices.
if unknown, must be located & that all reasonable means must be § (5) Child Legally Available for Adoption refers to a child in
exhausted to look for them whose favor a certification was issued by the DSWD that he/she
• Adoption process in two phases is legally available for adoption after the fact of abandonment or
o Administrative Phase neglect has been proven through the submission of pertinent
§ Done by DSWD documents, or one who was voluntarily committed by his/her
§ Ends with the issuance of a certification declaring the child is parent(s) or legal guardian.
legally available for adoption § (6) Voluntarily Committed Child is one whose parent(s) or legal
o Judicial Phase guardian knowingly & willingly relinquished parental authority to
§ Done by proper family court which will issue the final decree the DSWD or any duly accredited child placement or child-caring
• RA 9523 – regarding DSWD issuance of certificate of a “child legally agency or institution.
available for adoption” as prerequisite for adoption proceedings § (7) Child-caring agency or institution refers to a private non-profit
o Section 2 – Definition of Terms or government agency duly accredited by the DSWD that
provides 24 hour residential care services for abandoned,
§ (2) Child refers to a person below 18 years of age or a person over
18 years of age but is unable to fully take care of him/herself or neglected, or voluntarily committed children.
§ (8) Child-placing agency or institution refers to a private non-
protect himself/herself from abuse, neglect, cruelty, exploitation,
or discrimination because of physical or mental disability or profit institution or government agency duly accredited by the
condition. DWSD that receives & processes applicants to become foster or
§ (3) Abandoned Child refers to a child who has no proper parental adoptive parents & facilitate placement of children eligible for
foster care or adoption.
care or guardianship, or whose parent(s) have deserted him/her for
a period of at least 3 continuous months, which includes a § (9) Petitioner refers to the head or executive director of a licensed
founding. or accredited childcaring or child-placing agency or institution
managed by the government, local government unit, non-
§ (4) Neglected Child refers to a child whose basic needs have been
deliberately unattended or inadequately attended within a period governmental organization, or provincial, city, or municipal
of 3 continuous months. Neglect may occur in 2 ways: DSWD Officer who has actual custody of the minor & who files
a certification to declare such child legally available for adoption, • (c) Police report or barangay certification from the locality
or, if the child is under the custody of any other individual, the where the child was found or a certified copy of a tracing
agency or institution does so with the consent of the child's report issued by the Philippine National Red Cross
custodian. (PNRC), National Headquarters (NHQ), Social Service
§ (10) Secretary refers to the Secretary of the DSWD or his duly Division, which states that despite due diligence, the child's
authorized representative. parents could not be found; &
§ (11) Conspicuous Place shall refer to a place frequented by the • (d) Returned registered mail to the last known address of
public, where by notice of the petition shall be posted for the parent(s) or known relatives, if any.
information of any interested person. § (3) Birth certificate, if available; &
§ (12) Social Case Study Report (SCSR) shall refer to a written § (4) Recent photograph of the child & photograph of the child upon
report of the result of an assessment conducted by a licensed social abandonment or admission to the agency or institution.
worker as to the social-cultural economic condition, psychosocial o Sec. 4. Procedure for the Filing of the Petition. – The petition shall be
background, current functioning & facts of abandonment or filed in the regional office of the DSWD where the child was found or
neglect of the child. The report shall also state the efforts of social abandoned.
worker to locate the child's biological parents/relatives. § The Regional Director shall examine the petition & its supporting
o Sec. 3. Petition. – The petition shall be in the form of an affidavit, documents, if sufficient in form & substance & shall authorize the
subscribed & sworn to before any person authorized by law to posting of the notice of the petition conspicuous place for 5
administer oaths. It shall contain facts necessary to establish the merits consecutive days in the locality where the child was found.
of the petition & shall state the circumstances surrounding the § The Regional Director shall act on the same & shall render a
abandonment or neglect of the child. The petition shall be supported by recommendation not later than 5 working days after the
the following documents: completion of its posting. He/she shall transmit a copy of his/her
§ (1) Social Case Study Report made by the DSWD, local recommendation & records to the Office of the Secretary within
government unit, licensed or accredited child-caring or child- 48 hours from the date of the recommendation.
placing agency or institution charged with the custody of the o Sec. 5. Declaration of Availability for Adoption. – Upon finding merit
child; in the petition, the Secretary shall issue a certification declaring the
§ (2) Proof that efforts were made to locate the parent(s) or any child legally available for adoption within 7 working days from receipt
known relatives of the child. The following shall be considered of the recommendation.
sufficient: § Said certification, by itself shall be the sole basis for the
• (a) Written certification from a local or national radio or immediate issuance by the local civil registrar of a foundling
television station that the case was aired on 3 different certificate. Within 7 working days, the local civil registrar shall
occasions; transmit the founding certificate to the NSO.
• (b) Publication in 1 newspaper of general circulation; o Sec. 6. Appeal – Appealable within 5 days
o Sec. 7. Declaration of Availability for Adoption of Involuntarily not been convicted of any crime involving moral
Committed Child & Voluntarily Committed Child. – The certificate turpitude, emotionally & psychologically capable of
declaring a child legally available for adoption in case of an caring for children, at least 16 years older than the
involuntarily committed child under Article 141, par. 4(a) & Article adoptee, & who is in a position to support & care for
142 of PD No. 603 shall be issued by the DSWD within 3 months his/her children in keeping with the means of the family.
following such involuntary commitment.
The requirement of 16 year difference between the age
§ In case of voluntary commitment as contemplated in Article 154
of the adopter & adoptee may be waived when the
of PD No. 603, the certification declaring the child legally
adopter is the biological parent of the adoptee, or is the
available for adoption shall be issued by the Secretary within 3
spouse of the adoptee's parent;
months following the filing of the Deed of Voluntary
Commitment, as signed by the parent(s) with the DSWD. b. Any alien possessing the same qualifications as above
§ Upon petition filed with the DSWD, the parent(s) or legal stated for Filipino nationals: Provided, That his/her
guardian who voluntarily committed a child may recover legal country has diplomatic relations with the Republic of
custody & parental authority over him/her from the agency or the Philippines, that he/she has been living in the
institution to which such child was voluntarily committed when it Philippines for at least 3 continuous years prior to the
is shown to the satisfaction of the DSWD that the parent(s) or filing of the application for adoption & maintains such
legal guardian is in a position to adequately provide for the needs residence until the adoption decree is entered, that
of the child: Provided, That, the petition for restoration is filed 3 he/she has been certified by his/her diplomatic or
months after the signing of the Deed of Voluntary Commitment. consular office or any appropriate government agency
o Sec. 8. Certification. – The certification that a child is legally available that he/she has the legal capacity to adopt in his/her
for adoption shall be issued by the DSWD in lieu of a judicial order, country, & that his/her government allows the adoptee
thus making the entire process administrative in nature. to enter his/her country as his/her adopted
§ The certification, shall be, for all intents & purposes, the primary
son/daughter: Provided, Further, That the requirements
evidence that the child is legally available in a domestic adoption
on residency & certification of the alien's qualification
proceeding, as provided in RA No. 8552 & in an inter-country
to adopt in his/her country may be waived for the
adoption proceeding, as provided in RA No. 8043.
following:
i. A former Filipino citizen who seeks to adopt a
relative within the 4th degree of consanguinity or
ARTICLE III. ELIGIBILITY
affinity; or
ii. One who seeks to adopt the legitimate
Section 7. Who May Adopt. – The following may adopt:
son/daughter of his/her Filipino spouse; or
a. Any Filipino citizen of legal age, in possession of full civil
capacity & legal rights, of good moral character, has
iii. One who is married to a Filipino citizen & seeks to • Aliens
adopt jointly with his/her spouse a relative within o Aliens, whether resident or non-resident, can generally adopt as long
the 4th degree of consanguinity or affinity of the as they have the qualifications possessed by a Filipino national to adopt
Filipino spouse; or § There are, however, additional conditions:
c. The guardian with respect to the ward after the • His country has diplomatic relations with the Republic of
termination of the guardianship & clearance of his/her the Philippines
financial accountabilities. • He has been living in the Philippines for 3 continuous years
Husband & wife shall jointly adopt, except in the prior to the filing of the application for adoption &
maintains such residence until the adoption decree is
following cases:
entered
i. If one spouse seeks to adopt the legitimate
• He has been certified by his diplomatic or consular office
son/daughter of the other; or
or any appropriate government agency that he has the legal
ii. If one spouse seeks to adopt his/her own
capacity to adopt in his country, & the government allows
illegitimate son/daughter: Provided, However,
the adoptee to enter his country as his adopted son or
that the other spouse has signified his/her daughter
consent thereto; or o Certificate of residency & certificate of eligibility requirements may be
iii. If the spouses are legally separated from each waived if the alien who intends to adopt is either of the ff.:
other. § A former Filipino citizen who seeks to adopt a relative within the
In case husband & wife jointly adopt, or one 4th civil degree of consanguinity or affinity
spouse adopts the illegitimate son/daughter of the § One who seeks to adopt the legitimate the son/daughter of his
other, joint parental authority shall be exercised by the Filipino spouse
spouses. § One who is married to a Filipino citizen & seeks to adopt jointly
with his spouse a relative within the 4th civil degree of
• Qualifications consanguinity or affinity of the Philippine spouse
o Relatives by blood or affinity are not excluded from adopting one • Guardianship – trust relation between guardian & ward
another o Power limited to management of ward’s properties
o General rule on age difference – age difference of at least 16yrs o No power to dispose without court approval
between the adopter & the adopted o
o A sister can adopt a brother, a stepfather can adopt a stepchild, etc. • Joint Adoption of Husband & Wife
o Adoption tries to approximate natural filiation as much as possible, but o Mandated by law for family harmony
it is still the best interest of the child or the one to be adopted which is o BUT there are exceptions to the rule; for example, a husband may
the principal consideration choose to adopt his illegitimate child, though not jointly
o Conviction is necessary to exclude a possible adopter
Section 8. Who May Be Adopted. – The following may be adopted: d) The illegitimate sons/daughters, 10 years of age or over, of the
a) Any person below 18 years of age who has been adopter if living with said adopter & the latter's spouse, if any;
administratively or judicially declared available for adoption; &
b) The legitimate son/daughter of one spouse by the other e) The spouse, if any, of the person adopting or to be adopted.
spouse;
c) An illegitimate son/daughter by a qualified adopter to improve • Written Consent
his/her status to that of legitimacy; o Mandatory written consent of biological parents, as well as others
d) A person of legal age if, prior to the adoption, said person has § Consent of parents to the adoption is not an absolute requisite
been consistently considered & treated by the adopter(s) as • If the natural parents have abandoned their children,
his/her own child since minority; consent by the guardian ad litem & the proper government
e) A child whose adoption has been previously rescinded; or agency suffices
f) A child whose biological or adoptive has died: Provided, That • Abandonment – total cessation of all parental duties
no proceedings shall be initiated within 6 months from the time o A period of 6 months is given for the biological parent to reconsider
permission to adopt, but after this, the decision becomes irrevocable
of death of said parents
o Parent has to be properly counseled before the adoption decree can be
given; consent by parents to adoption is not an absolute requirement
• Situations when someone who is not a minor can be adopted:
o Can you adopt a person who is married?
o When the child adopted is the illegitimate child of the adopter
§ Yes. Though as a general rule, only a minor may be adopted, there
o When the child to be adopted is the legitimate child of his spouse
are cases where those of majority age may be adopted, provided
o De facto adoption - When the child is consistently treated as a child of
that he qualifies based on statutory requirements. This is proven
the adopted during minority
by Section 9 (e).
Section 9. Whose Consent is Necessary to the Adoption. – After being

properly counseled & informed of his/her right to give or withhold
ARTICLE IV. PROCEDURE
his/her approval of the adoption, the written consent of the following
to the adoption is hereby required:
Section 10. Hurried decisions. …court requires proof that the biological
a) The adoptee, if 10 years of age or over.
parents have been properly counseled
b) The biological parent(s) of the child, if known, or the legal
guardian, or the proper government instrumentality which has
Section 11. Case Study. …licensed social worker to create case study
legal custody of the child;
on the biological parents, adoptee & adopter
c) The legitimate & adopted sons/daughters, 10 years of age or
over, of the adopter(s) & adoptee, if any;
Section 12. Supervised Trial Custody. No petition for adoption shall be • Adoption proceeding
finally granted until the adopters) has been given by the court a o There has to be judicial decree by a competent court
supervised trial custody period for at least six (6) months within which o Private adoption is void & does not produce any legal effect
the parties are expected to adjust psychologically & emotionally to • Effectivity of Adoption Decree
each other & establish a bonding relationship. During said period, o The adoption decree is considered effective from the date of the
temporary parental authority shall be vested in the adopter(s). original petition of adoption was filed
§ NOT when the decree became final
o However, if the child to be adopted murders someone during the
The court may motu proprio or upon motion of any party reduce the
proceedings for adoption, while the child still lives with his biological
trial period if it finds the same to be in the best interest of the adoptee,
parents, the biological parents are the ones who pay due to the principle
stating the reasons for the reduction of the period. However, for alien
of vicarious liability
adopters), he/she must complete the six (6)-month trial custody
• Registration
except for those enumerated in Sec. 7 (b) (i) (ii) (iii). o It is the duty of the interested parties or petitioners to register the
adoption decree in the LCR of the municipality where the decree was
If the child is below seven (7) years of age & is placed with the issued
prospective adopter(s) through a pre-adoption placement authority o The LCR of the place where the birth certificate was issued must also
issued by the Department, the prospective adopter(s) shall enjoy all be sent a copy
the benefits to which biological parent(s) is entitled from the date the • No collateral attack
adoptee is placed with the prospective adopter(s). o Validity of an adoption decree can only be assailed though direct
proceeding & a petition for annulment of judgment
Section 13. Decree of Adoption. If, after the publication of the order of • Middle Name
hearing has been complied with, & no opposition has been interposed o Case of Astorga – the SC allowed petitioner to use the surname of the
to the petition, & after consideration of the case studies, the biological mother as a middle name
qualifications of the adopter(s), trial custody report & the evidence
submitted, the court is convinced that the petitioners are qualified to Section 14. Civil Registry Record. …new birth certificate will be issued
adopt, & that the adoption would redound to the best interest of the with the adopter’s name as the new surname. Original birth certificate
adoptee, a decree of adoption shall be entered which shall be is to be canceled
effective as of the date the original petition was filed. This provision
shall also apply in case the petitioner(s) dies before the issuance of the Section 15. Confidential Nature of Proceedings & Records. All hearings
decree of adoption to protect the interest of the adoptee. The decree in adoption cases shall be confidential & shall not be open to the
shall state the name by which the child is to be known. public. All records, books, & papers relating to the adoption cases in
the files of the court, the Department, or any other agency or
institution participating in the adoption proceedings shall be kept • Effects of Adoption
strictly confidential. o Parental authority of natural parents is dissolved
§ It becomes the adopter, for example, who must give their consent
If the court finds that the disclosure of the information to a third person to the marriage of an adopted child between 18-21 years old
is necessary for purposes connected with or arising out of the adoption § Upon the death of the adoptive parents, no rights or duties are
& will be for the best interest of the adoptee, the court may merit the reestablished with the natural parents
o Relations established by adoption is limited to the adopting parents &
necessary information to be released, restricting the purposes for
does not extend to the other relatives, except as expressly provided by
which it may be used.
law
§ The relationship is only one of parent & child
§ The adopted child is not related to the ascendants, descendants or
ARTICLE V. EFFECTS OF ADOPTION collateral relatives of the adopter
§ Neither is the child of the adopted considered the descendant of
Section 16. Parental Authority. Except in cases where the biological the adopted (i.e. if the adopted child has a child too, the law does
parent is the spouse of the adopter, all legal ties between the not presume that the child is the grandchild of the adoptive
biological parent(s) & the adoptee shall be severed & the same shall parents)
then be vested on the adopter(s).
Section 18. Succession. – In legal & intestate succession, the
• Severance of Legal Ties adopter(s) & the adoptee shall have reciprocal rights of succession
o Right to parental authority is purely personal without distinction from legitimate filiation. However, if the adoptee &
o Cannot be waived or renounced except in the cases provided by law – his/her biological parent(s) had left a will, the law on testamentary
like adoption succession shall govern.
o All legal ties between the natural parents & the adoptee are terminated
§ Exception: when the biological parent is the spouse of the adopter
• Legal or Intestate Succession
• Both parents will exercise joint parental authority over o An adopted child is an intestate heir of the adopter, along with the
their common children legitimate, legitimated & illegitimate children of the said adopter
o The adopter & the adoptee are mutually legal or intestate heirs of each
Section 17. Legitimacy. – The adoptee shall be considered the other
legitimate son/daughter of the adopter(s) for all intents & purposes & § If the adopter is survived only by his adoptee, the latter gets the
as such is entitled to all the rights & obligations provided by law to whole of the estate of the deceased
legitimate sons/daughters born to them without discrimination of any o Biological parents will not get anything from the adopted child,
kind. To this end, the adoptee is entitled to love, guidance, & support because all legal ties are severed between them
in keeping with the means of the family.
• Right of Representation counseling”; (b) attempt on the life of the adoptee; (c) sexual assault
o The adopted child does not have the right of representation in the law or violence; or (d) abandonment & failure to comply with parental
of succession obligations.
o Right of representation - In the event that his father dies, a legitimate
son has a right of representation to inherit from his grandfather Adoption, being in the best interest of the child, shall not be subject to
§ This right stems from his blood relation with his grandfather, not rescission by the adopters). However, the adopters) may disinherit the
with his father
adoptee for causes provided, in Article 919 of the Civil Code.
§ In adoption, however, the relationship between adopted &
adopting parents is made by law & not by blood; thus, no right of
• Rescission
representation vests upon the adopted child
o Rescission – revocation, cancellation of agreement
• Testate Succession
o Only the adoptee has the legal standing to rescind an adoption decree.
o If the adoptee & his biological parents had left a will, the law on
o If adoptee is a minor, they will be assisted by DSWD
testamentary succession shall govern
o If adoptee is exactly 18yrs, adoptee is already emancipated
o The adoptee has the same rights as the legitimate child
o If adoptee is over 18yrs but is incapacitated, they are qualified to do all
§ If an adoptee concurs with an illegitimate child, the illegitimate
acts of civil life & can file an action for rescission without the
child gets ½ of what the adoptee gets
assistance of DSWD
o If the adoptee leaves a will & specifies his biological parents, the free
• Maltreatment
portion of the will can be given to the biological parents
o Ground for rescission if there is repeated physical/verbal maltreatment
o But the adopting parents are the ones who are compulsory heirs; the
by the adopter
biological parents are not compulsory heirs
• Attempt on life
o Succession is a purely statutory concept also. Ineffective disinheritance
• Sexual assault or violence
can be applied to an adopted child, & also preterition. But an adopted
• Abandonment
child has no right of representation.
• Disinheritance of adoptee
o Legal causes for disinheriting a descendant (Article 919, Civil Code)
§ When a child or descendant has been found guilty of an attempt
ARTICLE VI. RESCISSION OF ADOPTION
against the life of the testator, his or her spouse, descendants, or
ascendants;
Section. 19. Grounds for Rescission of Adoption. – Upon petition of the § When a child or descendant has accused the testator of a crime for
adoptee, with the assistance of the Department if a minor or if over which the law prescribes imprisonment for six years or more, if
eighteen (18) years of age but is incapacitated, as guardian/counsel, the accusation has been found groundless;
the adoption may be rescinded on any of the following grounds § When a child or descendant has been convicted of adultery or
committed by the adopter(s): (a) repeated physical & verbal concubinage with the spouse of the testator;
maltreatment by the adopters) despite having undergone
§ When a child or descendant by fraud, violence, intimidation, or from the effectivity of this Act & completed thereafter: Provided,
undue influence causes the testator to make a will or to change finally, That such person complies with the procedure as specified in
one already made; Article IV of this Act & other requirements as determined by the
§ A refusal without justifiable cause to support the parent or Department.
ascendant who disinherits such child or descendant;
§ Maltreatment of the testator by word or deed, by the child or
descendant;
INTER-COUNTRY ADOPTION ACT OF 1995 (RA 8043)
§ When a child or descendant leads a dishonorable or disgraceful
life;
Section 3. Definition of Terms. — As used in this Act. The term:
§ Conviction of a crime which carries with it the penalty of civil
interdiction. a) Inter-country adoption refers to the socio-legal process of
adopting a Filipino child by a foreigner or a Filipino citizen
Section 20. Effects of Rescission. – If the petition is granted, the parental permanently residing abroad where the petition is filed, the
authority of the adoptee’s biological parent(s), if known, or the legal supervised trial custody is undertaken, & the decree of
custody of the Department shall be restored if the adoptee is still a adoption is issued outside the Philippines.
minor or incapacitated. The reciprocal rights & obligations of the b) Child means a person below 15 years of age unless sooner
adopter(s) & the adoptee to each other shall be extinguished. emancipated by law.
c) Department refers to the DSWD of the Republic of the
The court shall order the Civil Registrar to cancel the amended Philippines.
certificate of birth of the adoptee & restore his/her original birth d) Secretary refers to the Secretary of the DSWD.
certificate. e) Authorized & accredited agency refers to the State welfare
agency or a licensed adoption agency the country of the
Succession rights shall revert to its status prior to adoption, but only as adopting parents which provide comprehensive social
of the date of judgment of judicial rescission. Vested rights acquired services & which is duly recognized by the Department.
prior to judicial rescission shall be respected. f) Legally-free child means a child who has been voluntarily or
involuntarily committed to the Department, in accordance
All the foregoing effects of rescission of adoption shall be without with the Child & Youth Welfare Code.
prejudice to the penalties imposable under me Penal Code if the g) Matching refers to the judicious pairing of the adoptive child &
criminal acts are properly proven. the applicant to promote a mutually satisfying parent-child
relationship
Provided, further, That the application for correction of the birth h) Board refers to the Inter-country Adoption Board.
registration & petition for adoption shall be filed within five (5) years
Section 4. The Inter-Country Adoption Board. — There is hereby Section. 7. Inter-Country Adoption as the Last Resort. — The Board shall
created the Inter-Country Adoption Board, hereinafter referred to as ensure that all possibilities for adoption of the child under the Family
the Board to act as the central authority in matters relating to inter- Code have been exhausted & that inter-country adoption is in the
country adoption. It shall act as the policy-making body for purposes best interest of the child. Towards this end, the Board shall set up the
of carrying out the provisions of this Act, in consultation & coordination guidelines to ensure that steps will be taken to place the child in the
with the Department, the different child-care & placement agencies, Philippines before the child is placed for inter-country adoption:
adoptive agencies as well as non-governmental organizations Provided, however, That the maximum number that may be allowed
engaged in child-care & placement activities. for foreign adoption shall not exceed 600 a year for the first 5 years.
As such, it shall: Section. 8. Who May be Adopted. — Only a legally free child may be
a) Protect the Filipino child from abuse, exploitation, trafficking the subject of intercountry adoption. In order that such child may be
&/or sale or any other practice in connection with adoption considered for placement, the following documents must be
which is harmful, detrimental, or prejudicial to the child; submitted to the Board:
b) Collect, maintain, & preserve confidential information about a) Child study;
the child & the adoptive parents; b) Birth certificate/foundling certificate;
c) Monitor, follow up, & facilitate completion of adoption of the c) Deed of voluntary commitment/ decree of abandonment/
child through authorized & accredited agency; death certificate of parents;
d) Prevent improper financial or other gain in connection with an d) Medical evaluation/history;
adoption & deter improper practices contrary to this Act; e) Psychological evaluation, as necessary; &
e) Promote the development of adoption services including post- f) Recent photo of the child.
legal adoption;
f) License & accredit child-caring/placement agencies & • Qualified Children
collaborate with them in the placement of Filipino children; o Any child who has been voluntarily or involuntarily committed to the
g) Accredit & authorize foreign adoption agency in the DSWD as dependent, abandoned or neglected
placement of Filipino children in their own country; & § In case the child is voluntarily committed, the physical transfer of
h) Cancel the license to operate & blacklist the child-caring & the child shall not be made earlier than 6 months from the date the
placement agency or adoptive agency involved from the Deed of Voluntary Commitment was executed by the child’s
biological parents
accreditation list of the Board upon a finding of violation of any
o Important note: the child here as defined as one who is below 15 years
provision under this Act.
of age (as opposed to the Domestic Adoption Act)
Section. 9. Who May Adopt. — An alien or a Filipino citizen Section 11. Family Selection/Matching — No child shall be matched
permanently residing abroad may file an application for inter-country to a foreign adoptive family unless it is satisfactorily shown that the
adoption of a Filipino child if he/she: child cannot be adopted locally. The clearance, as issued by the
a) is at least 27 years of age & at least 16 years older than the Board, with the copy of the minutes of the meetings, shall form part of
child to be adopted, at the time of application unless the the records of the child to be adopted. When the Board is ready to
adopter is the parent by nature of the child to be adopted or transmit the Placement Authority to the authorized & accredited inter-
the spouse of such parent: country adoption agency & all the travel documents of the child are
b) if married, his/her spouse must jointly file for the adoption; ready, the adoptive parents, or any one of them, shall personally fetch
c) has the capacity to act & assume all rights & responsibilities of the child in the Philippines
parental authority under his national laws, & has undergone
the appropriate counseling from an accredited counselor in
his/her country; BACK TO REGULAR ARTICLES
d) has not been convicted of a crime involving moral turpitude;
e) is eligible to adopt under his/her national law;
f) is in a position to provide the proper care & support & to give ARTICLE. 194. SUPPORT COMPRISES EVERYTHING INDISPENSABLE FOR
the necessary moral values & example to all his children, SUSTENANCE, DWELLING, CLOTHING, MEDICAL ATTENDANCE,
including the child to be adopted; EDUCATION & TRANSPORTATION IN KEEPING WITH THE FINANCIAL
g) agrees to uphold the basic rights of the child as embodied CAPACITY OF THE FAMILY.
under Philippine laws, the U.N. Convention on the Rights of the
Child, & to abide by the rules & regulations issued to implement THE EDUCATION OF THE PERSON ENTITLED TO BE SUPPORTED REFERRED
the provisions of this Act; TO IN THE PRECEDING PARAGRAPH SHALL INCLUDE HIS SCHOOLING OR
h) comes from a country with whom the Philippines has TRAINING FOR SOME PROFESSION, TRADE OR VOCATION, EVEN
diplomatic relations & whose government maintains a similarly BEYOND THE AGE OF MAJORITY. TRANSPORTATION SHALL INCLUDE
authorized & accredited agency & that adoption is allowed EXPENSES IN GOING TO & FROM SCHOOL, OR TO & FROM PLACE OF
under his/her national laws; & WORK.
i) possesses all the qualifications & none of the disqualifications
provided herein & in other applicable Philippine laws. • Pendente Lite (Based on preliminary basis; could be affidavits) – Three
Things to Prove
• Qualified Adopters o Need of recipient
o If a married person is to adopt, the rules clarify that he shall file jointly o Capacity of the giver
with his spouse, if any, who shall have the same qualifications & none o The probable outcome of the case
of the disqualifications to adopt as prescribed in the rules
• Support • Mandatory Nature
o General rule: support includes whatever is necessary to keep a person o Support is a mandatory obligation
alive § Cannot be waived, renounced, transmitted or compensated
§ The key term is “indispensable” § Most sacred & important of all obligations imposed by law
o “In keeping with the financial position of the family” o Art. 2035, CC: No compromise shall be valid upon the question of
§ Determines the amount of support to be given future support
o Natural support – basic necessities • CASE: De Asis v. CA – A mother in a previous support-case said that it
o Civil support – Anything beyond the basic necessities would be useless to claim further support for her son from the defendant
o 2nd par. of Art. 194 who denied paternity. She thus agreed to the dismissal of the case, provided
§ “Schooling” refers to formal education that the defendant did not pursue a counterclaim.
§ “Training” refers to non-formal education o SC: Such manifestation does not bar the mother from filing a
subsequent case for support on behalf of the child against the same
defendant. The agreement for the dismissal of the case was in the form
ARTICLE. 195. SUBJECT TO THE PROVISIONS OF THE SUCCEEDING of a compromise, which cannot be countenanced by law, as it goes
ARTICLES, THE FF. ARE OBLIGED TO SUPPORT EACH OTHER TO THE WHOLE against the right to future support.
EXTENT SET FORTH IN THE PRECEDING ARTICLE: o If paternity is at issue, its existence or absence must be judicially
1. THE SPOUSES; established & cannot be left to the will or agreement of the parties
2. LEGITIMATE ASCENDANTS & DESCENDANTS; • Between Spouses
o The duty to support & the right to be supported presuppose a VALID
3. PARENTS & THEIR LEGITIMATE CHILDREN & THE LEGITIMATE &
marriage between the parties
ILLEGITIMATE CHILDREN OF THE LATTER;
§ Fact of valid marriage gives rise to the duty of mutual support
4. PARENTS & THEIR ILLEGITIMATE CHILDREN & THE LEGITIMATE &
o Even when there is a legal separation, the spouses may still be
ILLEGITIMATE CHILDREN OF THE LATTER; &
mandated to give support
5. LEGITIMATE BROTHERS & SISTERS, WHETHER OF FULL OR HALF- o CASE: Dadivas de Villanueva v. Villanueva – A man kept cheating on
BLOOD. his wife, until his wife finally left him. She then made a demand for
support in court. The husband claimed that she was not entitled to his
• Art. 195 (2) & (3), phrased in an easier way support, as she had left their conjugal home.
o Parents & their children, whether legitimate or illegitimate § SC held that the wife is entitled to support, as a husband cannot,
o Grandparents & their grandchildren, whether legitimate or illegitimate by his own wrongful acts, relieve himself from the duty to support
§ Thus, one is entitled to support from one’s illegitimate his wife imposed by law; & where a husband by wrongful, illegal
grandchildren & vice versa & unbearable conduct, drives his wife from the domicile fixed by
o Illegitimate siblings are not contemplated in Art. 195 (4) him, he cannot take advantage of her departure to abrogate the law
o An unborn child is also entitled to support; whether or not the child is
born is irrelevant
o Valid Reasons for NOT Giving Support • In the latter case, the legal evidence raises a presumption
§ It has been held that the adultery of the wife is a valid defense of law, while in the former there is no presumption
against an action for support • If there is nothing but mere allegation, a fact in issue & no
§ A spouse who leaves the conjugal home or refuses to live therein, final judgment, no support can be given (Francisco v.
without just cause, shall not have the right to be supported from Zandueta)
the o Valid defense to refuse support by a husband to a child in claiming
§ ACP/CPG (Art. 100 & 127, FC) support:
o In a case for support where the VALIDITY OF THE MARRIAGE is § That such child is the fruit of an adulterous relationship, for in
in issue, the aggrieved party cannot be given support pendente lite such case, it would not be the child of the person from whom
without due hearing support is sought
§ Prior to the rendition of final judgment, nothing exists except the • Between Parents & their Legitimate Children & the Legitimate &
allegation of a marriage & denial thereof Illegitimate Children of the Latter
o Pending litigation for legal separation or annulment o Parents are obliged to support their children & grandchildren whether
§ Spouses shall be supported from ACP/CPG legitimately or illegitimately related & vice versa
§ Art. 198, FC – In cases of legal separation, the court may order o However, the persons obliged to support each other are limited from
the guilty spouse to support the innocent one, even after the the grandparents to the grandchildren only & vice versa
separation has been decreed • Between Parents & their Illegitimate Children & the Legitimate &
o Once a marriage is nullified/annulled, the obligation to give support Illegitimate Children of the Latter
ceases o Parents are obliged to support their illegitimate children or
o In legal separation, support likewise ceases unless the court orders the grandchildren, whether legitimately or illegitimately related to their
guilty spouse to support the innocent spouse illegitimate children & vice versa
• Between Ascendants & Descendants o Limited from grandparents to grandchildren only & vice versa
o All members of the family in the direct legitimate ascending & o If in a hearing for support pendent lite, the status of the child is at issue,
descending are obligated to support each other the alleged child can get support in the meantime while the case is
o If the relationship between the one to be supported & the one to support pending from the alleged parent if his status has been provisionally
is in issue, the status of the parties should be established first before proven
support can be made § That means there is prima facie evidence, such as the affidavit of
§ Example: If a minor son, through his guardian, brings an action the claimant-child & testimonies of witnesses, to show merit of
claim a certain man is his father, the fact that said man is the father the claim of the child
must first be proven before support can be mandated § However, finding is merely provisional, still subject to the
§ There is no law or reason which authorizes the granting of support outcome of the trial on the merits
to a person who claims to be a son in the same manner as to a
person who establishes by legal proof that he is such a son
o CASE: Quiminguing v. Icao – Even an unborn child is given by law a SHARE OF THE SPOUSE OBLIGED UPON THE LIQUIDATION OF THE
provisional personality for all purposes favorable to it, as provided in ACP/CPG
the Civil Code • Notes
§ Has a right to support from its progenitors o Support will come from the separate property of obliged individual,
§ NOT dependent on whether the child is born even if said individual is married
• Between Legitimate Brothers & Sisters, Whether Full or Half-Blood § If there is a COMPLETE ABSENCE of separate property & it is
o The collateral blood relatives that are obligated to support each other a parent or sibling that must be supported, it can be advanced by
are LIMITED to legitimate brothers & sisters, whether full or half- the ACP
blood § If the one entitled to support is an illegitimate child & there is only
o Not obliged: INSUFFICIENCY of funds of separate property, the amount can
§ Uncles & aunts also be advanced by the ACP
§ Nieces & nephews • Source
o Art. 195: Support is personally owned to each other
§ It is to be taken from the separate property of the person obliged
ARTICLE. 196. BROTHERS & SISTERS NOT LEGITIMATELY RELATED, WHETHER to give support
OF THE FULL OR HALF-BLOOD, ARE LIKEWISE BOUND TO SUPPORT EACH o Art. 94[1] & 121[1]: The ACP/CPG will be principally charged for
OTHER TO THE FULL EXTENT SET FORTH IN ART. 194, EXCEPT ONLY WHEN support if:
THE NEED FOR SUPPORT OF THE BROTHER & SISTER, BEING OF AGE, IS DUE § If legitimate descendants are the common children of the spouses
TO A CAUSE IMPUTABLE TO THE CLAIMANT’S FAULT OR NEGLIGENCE or
• Illegitimate Brothers & Sisters § The legitimate children of either spouse
o There is also an obligation to support illegitimate brothers & sisters § Different from the personal support owing to them from the father
o HOWEVER, support does not become a demandable right & need not or mother as provided in Art. 195 or 197
be given at all if an illegitimate brother or sister is: • Because the law does not so provide, the ACP/CPG of a
§ Already of legal age & child with his spouse is not principally liable to support his
§ The need for his support is due to his fault or negligence parents
o ACP/CPG, if financially capable, shall advance the support, which
shall be deducted from the share of the spouse obliged upon liquidation
IF there is no separate property of the obligor
ARTICLE. 197. FOR THE SUPPORT OF LEGITIMATE ASCENDANTS;
§ Generally, there must be NO separate property available
DESCENDANTS, WHETHER LEGITIMATELY OR ILLEGITIMATELY RELATED,
o Insofar as illegitimate children of either spouse are concerned, the mere
ONLY THE SEPARATE PROPERTY OF THE PERSON OBLIGED TO GIVE
insufficiency of the separate property is enough to make ACP liable in
SUPPORT SHALL BE ANSWERABLE PROVIDED THAT IN CASE THE OBLIGOR the meantime (Art. 94[9])
HAS NO SEPARATE PROPERTY, THE ACP/CPG, IF FINANCIALLY CAPABLE,
SHALL ADVANCE THE SUPPORT, WHICH SHALL BE DEDUCTED FROM THE
§ But if the regime is CPG, the regime can in the meantime be held • Support Pendente Lite
liable if the responsibilities enumerated in Art. 121 have been o Pendente lite – support pending litigation
covered & there is at least insufficiency of the separate property § Recall: If the party is in bad faith, he is not entitled to net profits
of the spouse called upon to make the support (Art. 122) o Support under this chapter is PRINCIPALLY obtained from the
separate property of the spouse from who support is sought
WHO ARE WHAT CAN BE INSUFFICIENCY / § HOWEVER, pending litigation, support for the spouses & the
ENTITLED LIABLE ABSENCE kids shall be drawn from ACP/CPG
Legitimate Children of ACP/CPG is principally If ACP/CPG is § Take note: in a nullity case, spouse cannot demand support from
both or either spouse & liable insufficient, separate separate property of other spouse
common children of the property of spouses is • CLASS SCENARIO (A)
spouses liable o A files a legal separation case. If A is the one guilty of adultery, there
Illegitimate children of Separate property is If separate property of is no case because A is the one guilty of adultery. Thus there is no
either spouse principally liable; ACP spouses is insufficient, entitlement to pendente lite because the legal separation case will likely
can advance the support; the spouses can use be dismissed.
CPG can be held liable if ACP/CPG • Support Pendente Lite
the responsibilities in o ACP/CPG is primarily source for the support of the spouses & the
Art. 121 are covered children during the pendency of annulment, nullification & legal
Parents & siblings Separate property is There must be a complete separation cases
principally liable; absence of separate o Rule 61 of the 1997 Rules of Civil Procedure provides how support
ACP/CPG can advance property on the part of pendente lite can be obtained:
support, but only if there the obligor spouse § When to apply – at the commencement of the proper action, or at
is complete absence of any time prior to the judgment or final order
separate property § Adverse party has 5 days to comment, & hearing is set 3 days after
§ Court fixes the amount of money to be provisionally paid if the
application is granted & fixes the amount based on the necessity
ARTICLE. 198. DURING THE PROCEEDINGS FOR LEGAL SEPARATION OR of the applicant & the means of the adverse party
FOR ANNULMENT OF MARRIAGE, & FOR DECLARATION OF NULLITY OF • If the adverse party fails to give the court-mandated
MARRIAGE, THE SPOUSES & THEIR CHILDREN SHALL BE SUPPORTED FROM support, any 3rd party who furnishes the support to the
THE PROPERTIES OF THE ACP/CPG. AFTER FINAL JUDGMENT GRANTING applicant may, after due notice & hearing in the same,
THE PETITION, THE OBLIGATION OF MUTUAL SUPPORT BETWEEN SPOUSES obtain a writ of execution to enforce his right of
CEASES. HOWEVER, IN CASE OF LEGAL SEPARATION, THE COURT MAY reimbursement against the person ordered to provide such
support
ORDER THAT THE GUILTY SPOUSE SHALL GIVE SUPPORT TO THE INNOCENT
ONE, SPECIFYING THE TERMS OF SUCH ORDER
o Restitution – When the judgment of the court finds that the person who ARTICLE. 199. WHEN 2 OR MORE PERSONS ARE OBLIGED TO GIVE
has been providing support pendente lite is not actually liable, it shall SUPPORT, THE LIABILITY SHALL DEVOLVE UPON THE FF. PERSONS IN THE
order the recipient thereof to return the former with legal interest from ORDER HEREIN PROVIDED:
the dates of actual payment 1. THE SPOUSE;
§ The original applicant can still file an action against others who 2. THE DESCENDANTS IN THE NEAREST DEGREE;
must give her support
3. THE ASCENDANTS IN THE NEAREST DEGREE; &
o Valid reasons to withhold support:
4. THE BROTHERS & SISTERS
§ Adultery of a wife; however, the adultery must be supported by
competent evidence
• Mere allegation that the wife committed adultery will not
ARTICLE. 200. WHEN THE OBLIGATION TO GIVE SUPPORT FALLS UNDER 2
bar her from the right to recover support pendente lite
OR MORE PERSONS, THE PAYMENT OF THE SAME SHALL BE DIVIDED
• It is enough, however, that an affidavit or other
documentary evidence appear on record for the court to BETWEEN THEM IN PROPORTION TO THE RESOURCES OF EACH.
make a judgment on whether or not support pending HOWEVER, IN CASE OF URGENT NEED & BY SPECIAL CIRCUMSTANCES,
litigation should be given THE JUDGE MAY ORDER ONLY 1 OF THEM TO FURNISH THE SUPPORT
o Not necessary to go into the full merits of a case PROVISIONALLY, WITHOUT PREJUDICE TO HIS RIGHT TO CLAIM FROM THE
§ CASE: Lerma v. CA – The wife, who was convicted of adultery OTHER OBLIGORS THE SHARE DUE FROM THEM.
in CFI, filed a case against her husband for legal separation in CA.
During the pendency of the suit, she invoked Art. 198 of FC. The WHEN 2 OR MORE RECIPIENTS AT THE SAME TIME CLAIM SUPPORT FROM
husband claimed that such adulterous act of the spouse is a ONE & THE SAME PERSON LEGALLY OBLIGED TO GIVE IT, SHOULD THE
defense to successfully resist giving support pendente lite. The LATTER NOT HAVE SUFFICIENT MEANS TO SATISFY ALL CLAIMS, THE
wife claims that there is a difference & she is entitled to support ORDER ESTABLISHED IN THE PRECEDING ARTICLE SHALL BE FOLLOWED,
from the CPG, even if she is not entitled to her husband’s UNLESS THE CONCURRENT OBLIGES SHOULD BE THE SPOUSE & A CHILD
exclusive funds
SUBJECT TO PARENTAL AUTHORITY, IN WHICH CASE THE CHILD SHALL BE
• SC held that there is no difference between taking from the
PREFERRED.
husband’s exclusive funds & the CPG if it has been
provisionally proven that the legal separation case will not
• Notes
prosper
o If the child is a minor, the order is reversed, & the parent must give
• Law does not grant support to a petitioner in bad faith
support to the minor child before giving support to the spouse
o Basis: Capacity of giver + necessity for the one needing the support
§ Must always be considered
o When the court orders that one party needs to be supported by 2 o Support must be based on
persons, one can advance the share of the other if the latter cannot § The necessities of the recipient &
currently afford to pay § The resource or means of the person obliged to furnish support
• Order of Priority o CASE: Vinluan v. CA – Where the aggregate annual income of the
o The law sets the order of the persons upon whom the liability of giving CPG was only P3,000 & the wife, in her complaint, prayed for no more
support devolves than P200 monthly allowance, SC held that an award granting P1,000
§ In the presence of the spouse, the descendants in the nearest was clearly excessive.
degree are not obliged to give support o CASE: Baltazar v. Serfino – SC will also increase support if it is shown
§ Ascendants in the nearest degree shall be obliged to give support that the one paying the support has multiple sources of income & can
only in the absence, failure or refusal to give support by the thus afford to give more support.
descendants in the nearest degree • Creditable deductions
o the amount of support those related to each other by marriage & family
relationship are generally obliged to give each other shall be in
ARTICLE. 201. THE AMOUNT OF SUPPORT, IN THE CASES REFERRED TO IN proportion to the means of the giver & the needs of the recipient.
ART. 195 & 196, SHALL BE IN PROPORTION TO THE RESOURCES OR MEANS o CASE: Lim-Lua v. Lua
OF THE GIVER & TO THE NECESSITIES OF THE RECIPIENT. § Facts: Susan filed an action for JDNOM against her husband,
Danilo. She also prayed for support pendente lite. Danilo was
ordered to pay monthly support, but upon surrendering a tranche
of the monthly support, argued that the following should be
ARTICLE . 202. SUPPORT IN THE CASES REFERRED TO IN THE PRECEDING
credited & allowed as deductions from the support that he gave:
ARTICLE SHALL BE REDUCED OR INCREASED PROPORTIONATELY,
the purchase & maintenance of 2 expensive cars, payment of
ACCORDING TO THE REDUCTION OR INCREASE OF THE NECESSITIES OF
tuition fees, travel expenses, & credit card expenditures for
THE RECIPIENT & THE RESOURCES OR MEANS OF THE PERSON OBLIGED
groceries, among others, that all benefited Susan & their two kids.
TO FURNISH THE SAME. Susan argued, however, that it would be erroneous to allow Danilo
to deduct from monthly support the value & maintenance cost of
• Evolving Capacity of Needs the 2 expensive cars.
o Custody & support is never final § Held: The purchase & maintenance of the 2 expensive cars & the
o Support can be increased by mere motion to increase support travel expenses, & credit card expenditures not related to the
sustenance & basic living expenses of Susan & the 2 kids should
• Proportionality not be credited as support. While Danilo’s generosity to his
o Law is not unreasonable as to contemplate a situation where the one children is commendable, these are considered his voluntary gifts,
giving the support shall be compelled to do something to the detriment made of his own accord. The lower courts had required him to
of his own existence give support to the family for their basic living expenses &
sustenance, including medical expenses of Susan, food,
education, etc. it is this these expenses that can be credited to the • Demand
support Danilo must give to Susan & the 2 kids. o Payment of the amount for support starts only from the time the support
• Provisional Character of Support Judgment has been judicially or extra-judicially demanded
o Judgment for support does not become final § But the right to claim it starts from when it was needed
§ Changing needs of the recipient & changing ability of the provider o CASE: Jocson v. Empire Insurance Co. – Support does include what is
can bring about modification or alteration necessary for education & such, but support MUST be demanded & the
§ May be modified for sufficient reasons upon application to the right to it established before it becomes payable
court § Right to support does not rise from the mere fact of relationship,
• There must be a need that arose, though, for only then does but from imperative necessity; the law presumes that such
the one making the demand have a cause of action necessity does not exist when there is no demand
o The right to ask for support is demandable from the date in which the § Need for support cannot be presumed
one being supported was in need of the same o CASE: Baltazar v. Serfino - An illegitimate child was born on Dec. 19,
§ Payable from date of judicial or extrajudicial demand 1943 & made an extrajudicial demand for support on June 1959.
o If the petitioners’ right to support has already been recognized by the § SC held that payment of support should begin only from June
court, an order of dismissal of the action for support on some other 1959, applying Art. 203 of FC.
grounds cannot be with prejudice, as this would deprive the petitioner o CASE: Ilano v. CA – A case was filed in August 14, 1972 against the
the right to present & future support alleged father of an illegitimate child. At the time, the child was 7 years
o Judgments for support do not become dormant; it becomes due from of age. It was proven that she was illegitimate born on December 30,
time to time as provided & enforceable by simple motion at any time 1963. When the case was resolved, she was already spending about
§ EXCEPT as to installments not recovered within the statute of P500 for her school expenses while the alleged father earned P10,000
limitations a month. She reached the age of majority on December 30, 1984.
§ SC held that the child was entitled to support in arrears for a period
of 12 years, 4 months & 14 days (from the date of filing until she
ARTICLE 203. THE OBLIGATION TO GIVE SUPPORT SHALL BE DEMANDABLE reached the age of majority)
FROM THE TIME THE PERSON WHO HAS A RIGHT TO RECEIVE THE SAME § SC also graduated the amounts based on inflation
NEEDS IT FOR MAINTENANCE, BUT IT SHALL NOT BE PAID EXCEPT FROM o CASE: Sy v. CA – In a custody suit, even if support is not prayed for,
THE DATE OF JUDICIAL OR EXTRAJUDICIAL DEMAND. SUPPORT PENDENT but it was sought during the hearing of the case without objection of
LITE MAY BE CLAIMED IN ACCORDANCE WITH THE RULES OF COURT. the other party, a decision of support can be obtained even if the
pleadings were not amended to conform with the evidence
PAYMENT SHALL BE MADE WITHIN THE FIRST 5 DAYS OF EACH
• Support in Arrears
CORRESPONDING MONTH. WHEN THE RECIPIENT DIES, HIS HEIRS SHALL
o CASE: Mangonon v. CA – SC allows support in arrears; in this case,
NOT BE OBLIGED TO RETURN WHAT HE HAS RECEIVED IN ADVANCE.
considering that the children, who should have been given support,
must already have finished their schooling by the time the decision was • Exemption from Attachment or Execution
rendered o Anything obtained by way of support is impliedly for the survival of
§ Arrears – money that is owed & should have been paid earlier the recipient
• Overdue after missing 1 or 2 required payments § To deprive the recipient would be prejudicial to his existence
§ Amount of support to be paid was computed from the time they o Thus, money or property obtained from support cannot be made to
had entered college until they finished their respective studies satisfy any judgment against the recipient, nor can it be attached or
subject to execution
§ HOWEVER, in case of contractual support or that given by will,
ARTICLE 204. THE PERSON OBLIGED TO GIVE SUPPORT SHALL HAVE THE the excess in amount beyond that required for legal support can
OPTION TO FULFILL THE OBLIGATION EITHER BY PAYING THE ALLOWANCE be levied on attachment or execution (Art. 208, FC)
FIXED, OR BY RECEIVING & MAINTAINING IN THE FAMILY DWELLING THE
PERSON WHO HAS A RIGHT TO RECEIVE SUPPORT. THE LATTER
ALTERNATIVE CANNOT BE AVAILED IN CASE THERE IS A MORAL OR ARTICLE 206. WHEN, WITHOUT THE KNOWLEDGE OF THE PERSON OBLIGED
LEGAL OBSTACLE THEREOF. TO GIVE SUPPORT, IT IS GIVEN BY A STRANGER, THE LATTER SHALL HAVE
• Option A RIGHT TO CLAIM THE SAME FROM THE FORMER, UNLESS IT APPEARS
o The person obliged to give support has the right to elect the manner by THAT HE GAVE IT WITHOUT INTENTION OF BEING REIMBURSED
which it is to be given
§ Not an absolute right – can be opposed if there is a moral issue or
if there is a preferential right ARTICLE 207. WHEN THE PERSON OBLIGED TO GIVE SUPPORT TO
§ Example: A wife who is forced to leave the home by her husband, ANOTHER UNJUSTLY REFUSES OR FAILS TO GIVE SUPPORT WHEN
without fault on her part, may maintain an action for separate URGENTLY NEEDED BY THE LATTER, ANY 3RD PERSON MAY FURNISH
maintenance even if the law says the husband can choose other SUPPORT TO THE NEEDY INDIVIDUAL, WITH A RIGHT OF REIMBURSEMENT
methods to pay her support
FROM THE PERSON OBLIGED TO GIVE SUPPORT. THIS ARTICLE SHALL
o CASE: Mangonon v. CA – SC rejected the choice of the grandfather
APPLY PARTICULARLY WHEN THE FATHER OR MOTHER OF A CHILD UNDER
who was giving support to take custody of the grandkids considering
THE AGE OF MAJORITY UNJUSTLY REFUSES OR FAILS TO GIVE SUPPORT
that, while they were in good terms prior to the filing of the suit for
TO THE CHILD WHEN URGENTLY NEEDED.
support pendente lite, the relationship of the grandfather & grandkids
had already turned sour during the pendency of the suit
• Quasi-Contract
o Relationship between the stranger & the person obliged to give support
under Art. 206 is a quasi-contract.
ARTICLE 205. THE RIGHT TO RECEIVE SUPPORT UNDER THIS TITLE AS WELL
AS ANY MONEY OR PROPERTY OBTAINED AS SUCH SUPPORT SHALL NOT
BE LEVIED UPON ON ATTACHMENT OR EXECUTION.
o Art. 2142, CC: A quasi-contract is a juridical relation which arises from § A 3rd person furnishes the support to the needy individual
certain lawful, voluntary & unilateral acts to the end that no one shall o Art. 207 particularly applies it is the father & mother of a child under
be unjustly enriched at the expense of another the age of majority who unjustly refuses to give support or fails to give
§ A lawful valid obligation arises from a quasi-contract support to the child when it is urgently needed
o Whoever advances the support shall be entitled to be reimbursed unless § Example: A child writes his father in Davao the he, the child,
the grantor gives it as an act of liberality or without intending to be needs support to pay for tuition at school. If the father doesn’t
reimbursed want to give support just because he doesn’t want to fly to Manila
o Requisites for reimbursement of a stranger (from the case Ramirez & just to give money to his son, & a 3rd person furnishes the money
de Marcaida v. Redfern): for the child, the 3rd person can file a claim against the father for
§ The support was furnished upon a dependent of one bound to give reimbursement
support but who fails to do so;
§ The support was supplied by a stranger;
§ The support was given without the knowledge of the person ARTICLE 208. IN CASE OF CONTRACTUAL SUPPORT OR THAT GIVEN BY
charged with the duty WILL, THE EXCESS IN AMOUNT BEYOND THAT REQUIRED FOR LEGAL
o Negative qualification: when support is given without the expectation SUPPORT SHALL BE SUBJECT TO LEVY ON ATTACHMENT OR EXECUTION.
of recovery FURTHERMORE, CONTRACTUAL SUPPORT SHALL BE SUBJECT TO
o CASE: Ramirez & de Marcaida v. Redfern – A spouse obtained a sum ADJUSTMENT WHENEVER MODIFICATION IS NECESSARY DUE TO
of money on different occasions from her sister. The sister & her
CHANGES IN CIRCUMSTANCES MANIFESTLY BEYOND THE
husband sued the husband of the said spouse for reimbursement under
CONTEMPLATION OF THE PARTIES
Art. 206.
§ SC held that there was a failure of the 1st & 2nd essential elements • Contractual & Testamentary Support
because though the husband & wife are obliged to support each o The contract of support is not the equivalent of obligation to support
other, the wife never asked money from her husband, & went § Obligation to support is what is mandated by law (Art. 194)
directly to her sister. The husband also offered to give her money, § A contract of support may be given by a donor or 3rd party
& she never took it. • Usually with reciprocal duties & obligations
§ Also, there is evidence that the husband amply provided for his • In case of support given by contract or by will, the excess
wife & children in London his case was decided prior to the FC; beyond what is required for legal support can be levied for
if it was decided now, if it could be proved that the loan given to attachment or execution
the wife redounded to the benefit of the family, the ACP/CPG o Only contractual support is subject to adjustment whenever
could be held liable under Art. 94 & 121, FC modification is necessary due to circumstances not contemplated by
o Requisites restated by the Sta. Maria book: the parties
§ There is an urgent need to be supported on the part of the recipient § When it comes to support given by will, there can be no more
§ The person obliged to give support unjustly refuses or fails to give modification of the amounts promised
the support o Basis of contractual support: agreement
§ If the parents procure an educational policy for their kids through o CASE: Santos v. CA – A father took his son away from the son’s
an insurance company – this is contractual support grandparents, who were taken care of his child, through deceit, false
• The money placed by the corporation in a trust fund to pretensions & trickery. In the case, the father signed a document
finance the education of the children cannot be subject to entrusting the grandparents with the custody of the minor previously.
levy or attachment except the amount in excess required for However, it was not shown during trial that the father was actually
legal support unfit.
• However, if the policy goes beyond educational support & § SC held that the father had the rightful custody of his child.
also says the children will receive money for their vacation § Parental authority & responsibility are inalienable & may not be
to fund for transportation expenses, said money can be transferred or renounced except in cases authorized by law
attached in the proper cases, as it is not anymore needed for § Waiver is allowed only in cases of adoption, guardianship &
the children’s education surrender to a children’s home or orphan institution
§ The document signed by the father was just for temporary custody
& does not constitute renunciation of parental authority
ARTICLE 209. PURSUANT TO THE NATURAL RIGHT & DUTY OF PARENTS • Law does not allow renunciation unless:
OVER THE PERSON & PROPERTY OF THEIR UNEMANCIPATED CHILDREN, o Parent dies
PARENTAL AUTHORITY & RESPONSIBILITY SHALL INCLUDE THE CARING o Parent is absent
FOR & REARING OF SUCH CHILDREN FOR CIVIC CONSCIOUSNESS & o Parent is unsuitable
EFFICIENCY & THE DEVELOPMENT OF THEIR MORAL, MENTAL & PHYSICAL § Furthermore, in the case, there was no proof that the father could
not presently support the child
CHARACTER & WELL-BEING.
• This is true even if previously, the father failed to
• Natural Right financially support the child for 3 years
o The custody, care & the nurture of the child reside first in the parents, o Parental authority can be terminated for cause in accordance with legal
whose primary function includes the preparation or obligations the grounds in Art. 228-232, FC
state can neither supply nor hinder § Duty of care is not dependent on custody
o Parental authority can be transferred only by law § If a mother does not have custody of her child & the father is
properly supporting him, she still has a duty to give him personal
care & attention
ARTICLE 210. PARENTAL AUTHORITY & RESPONSIBILITY MAY NOT BE
RENOUNCED OR TRANSFERRED EXCEPT IN CASES AUTHORIZED BY LAW.
• Renunciation & Transfer of Parental Authority ARTICLE 211. THE FATHER & THE MOTHER SHALL JOINTLY EXERCISE
o Upbringing of children – sacred duty of parents PARENTAL AUTHORITY OVER THE PERSONS OF THEIR COMMON
o Cannot be renounced or transferred except in cases authorized by law CHILDREN. IN CASE OF DISAGREEMENT, THE FATHER’S DECISION SHALL
PREVAIL, UNLESS THERE IS A JUDICIAL ORDER TO THE CONTRARY.
CHILDREN SHALL ALWAYS OBSERVE RESPECT & REVERENCE TOWARDS o CASE: Briones v. Miguel – SC ruled that illegitimate children are
THEIR PARENTS & ARE OBLIGED TO OBEY THEM AS LONG AS THE under the sole parental authority of their mothers, regardless of the
CHILDREN ARE UNDER PARENTAL AUTHORITY father’s acknowledgement (in this case, even if he allowed the use of
his surname & gave support)
• Joint Parental Authority
o Once parental authority is vested, it cannot be waived except in cases
o Parents are equally bound to ensure the wholesome upbringing of their
of:
children
§ Adoption
§ True for both illegitimate & legitimate children if they are the
§ Guardianship
“common children” of the mother & father, as provided by Art.
§ Surrender to a children’s home or orphan institution
211
• Preferential Choice of the Father
• Application to Illegitimate Children
o Father & mother exercise joint parental authority, but in case of
o Two requisites:
conflict, the decision of the father prevails
§ The father is certain;
§ Presumption is that father’s decision is for the child’s best interest,
§ The illegitimate children are living with the said father & mother,
though this doesn’t necessarily mean that the mother’s isn’t.
who are cohabiting without the benefit of marriage or under a void
o If both the decision of the father & mother have merit, & to be able to
marriage not falling under Art. 36 & 53
prevent a void decision, the decision of the father is given preference
o This interpretation harmonizes Art. 176 & Art. 211
§ Only a court order can alter the binding force of the father’s
§ Art. 176 – provides that illegitimate children will be under the
decision
parental authority of the mother
• Basis must rest on substantial, important & serious grounds
• Based on the idea that the paternity is uncertain & a
for the paramount interest of the children
particular man should not be made liable if it is uncertain
§ Example: If the mother does not want to have the children study
the child is his
in a particular school because the kids do not like the school, it is
• Could be because the father has another family or he does
not enough to supplant the dad’s decision to send the children to
not openly acknowledge the child
said school.
• Follows that Art. 176 applies in 2 cases:
• If the school, however, evidently does not provide good
o When the paternity of the child is unknown or in
instruction or does not teach the right moral values & the
doubt
father avoids listening to the reasons of the mother, the
o Where, though paternity is certain, the father does
mother can go to court & have the decision changed
not live with the mother & the child
o CASE: David v. CA – A married man living with his legitimate family
got hold of his illegitimate son from the latter’s mother, who was not
ARTICLE 212. IN CASE OF ABSENCE OR DEATH OF EITHER PARENT, THE
living with the married man. SC held that parental authority is vested
PARENT PRESENT SHALL CONTINUE EXERCISING PARENTAL AUTHORITY.
in the mother only & the mother is the one entitled to custody
THE MARRIAGE OF THE SURVIVING PARENT SHALL NOT AFFECT THE
PARENTAL AUTHORITY OVER THE CHILDREN, UNLESS THE COURT o Presumption is strong – the only thing that rebuts the presumption is a
APPOINTS ANOTHER PERSON TO BE THE GUARDIAN OF THE PERSON OR showing that the mother is unfit
PROPERTY OF THE CHILDREN. o Presumption holds even if parents made a previous agreement by
contract that the child goes to the father
• Remarriage of Parent
• Separation
o Death of one of the spouses will not terminate parental authority of the
o Parental authority may be designated by court in case the parents
surviving parent over their children
separate
o If surviving spouse remarries, the parental authority is also not affected
§ This does not necessarily mean that the parental authority of the
§ The new spouse, however, does not automatically possess
other spouse is necessarily terminated or suspended
parental authority over the child of the surviving parent unless
§ There are specific grounds for termination or suspension provided
such new spouse legally adopts the children
by law
o Upon remarriage of the surviving parent, the court may appoint another
o CASE: Cang v. CA – The mother was granted parental authority over
person to be the guardian of the person or property of the children if it
her children by the court in a legal separation case between her & her
is shown that, by reason of remarriage, the surviving parent cannot
husband. Later, she decided to have the children adopted without first
undertake the necessary devotion & concern toward the children
seeking the consent of the father. She argued that the court had already
granted her the parental authority, so permission was not needed.
§ SC held that the father’s consent is still necessary, because the
ARTICLE 213. IN CASE OF SEPARATION OF THE PARENTS, PARENTAL legal separation decree did not terminate the parental authority of
AUTHORITY SHALL BE EXERCISED BY THE PARENT DESIGNATED BY THE the father. Only the EXERCISE of parental authority was given
COURT. THE COURT SHALL TAKE INTO ACCOUNT ALL RELEVANT to the mother
CONSIDERATIONS, ESPECIALLY THE CHOICE OF THE CHILD OVER 7 • Hence, the mother would have the right to the children’s
YEARS OF AGE, UNLESS THE PARENT CHOSEN IS UNFIT. NO CHILD UNDER services & earnings & the right to direct their activities &
7 YEARS OF AGE SHALL BE SEPARATED FROM THE MOTHER, UNLESS THE make decisions regarding their care, control, education,
COURT FINDS COMPELLING REASONS TO ORDER OTHERWISE health, etc.
• This applies only to legitimate children. Because for illegitimate children, • However, such delegation did not excuse her having the
the mother is the only one with parental authority. Thus, when it comes to children adopted without the father’s consent, because the
illegitimate children, that demarcation line becomes irrelevant. father still had parental authority & there was no finding
• In all cases involving a child, the inflexible criterion is his paramount that he was an irresponsible person
interest. • Custody of Children
• Guardian ad litem – refers to guardians with custody of child o Parents are never deprived of the custody & care of their children,
except for just cause
• Tender Years Doctrine
o But in custody cases, the right of the parents are not the paramount
o No child under 7 years of age shall be separate for mother, unless there
issue; they are overridden by the singular interests of the child
are compelling reasons
o The “cardinal principle” & “paramount consideration” is the best § CASE: Dacasin v. Dacasin – SC ruled as void a custodial
interest of the child in custody cases agreement providing that the child below 7 years of age would be
§ Courts shall take into account the choice of the child over 7 years under the joint custody of both separated parents. Instead of
of age, unless the parent chosen is unfit dismissing the case for lack of cause of action, however, SC
• However, such choice is not determinative of the issue of remanded the case to the lower court to determine the child’s
custody; the court may nevertheless award custody to the custody, as the child was already 15 when the case was decided,
other parent or even to a 3rd person if the paramount so there was no longer any need to follow the mandatory maternal
interest of the child so dictates custody regime under Art. 213.
• HOWEVER, if the child has made a choice & there is no • Parental Preference Rule
showing that the chosen parent is unfit, the child is to be o Natural parents, who are of good character & can reasonable provide
awarded to the chosen parent for the child, are ordinarily entitled to the custody of the child against
• Custody Hearings all persons
o Governed by A.M. No. 03-04-04 SC, “Rule on Custody of Minors & § Springs from the exercise of parental authority
Writ of Habeas Corpus in Relation to Custody of Minors” § Entitled as against prospective adoptive parents
§ A habeas corpus can be availed of to secure custody of the child § Also applies against other relatives, like grandparents, or as
if parents are separated from each other against an agency or institution
• Parents can also use it as against 3rd person • Maternal Preference
• Also the proper remedy to enable parents to regain custody o The mother is the natural custodian of her young – awarded sole
of their minor daughter even though the latter be in the parental authority
custody of a 3rd person of her free will because the parents o In applying the Tender Years Doctrine rule (tender-age presumption),
were compelling her to marry a man against her will the child must be under 7 years of age at the time either parent is given
o CASE: Tijing v. CA – Showed that the question of identity is relevant custody or at the time the decision is rendered
& material in habeas corpus proceedings. In this case, the real parent o However the criterion is flexible, depending on the paramount interest
filed a case against an impostor parent who had kidnapped the child of the child
from the real parents & caused the issuance of a falsified birth o CASE: Espiritu v. CA – In a custody case, a mother who had been
certificate indicating the child was hers & her live-in partner’s. committing bigamy & was convicted of it in court, & who the children
§ SC held that the child belongs to the real parents, making the ff. witnessed kissing the other man, filed to gain custody of her children.
observations in relation to her identity: The children chose to go to the father & the psychologist said the
• Evidence of sterility & impotence, irregular filing of birth children were better off with the father.
certificate, the resemblance of the real parents with the § SC held that the children were better off with the father, looking
child, etc. upon the relevant, substantive facts of the case. The court must
o In child custody hearings, equity may also be invoked for the best examine if the parent chosen is unfit to assume parental authority.
interests of the child.
§ Adultery/bigamy of the parent during the child’s formative years § When the mother occasionally forgets to bathe the child, or leaves
may likewise be considered in questions involving the custody of the child with the grandmother often, or goes out late at night;
the children, since adultery is a sign that the woman is immoral & none of these are concrete proofs that she is unfit, though they
unfit to take care of their child. may show she is neglectful
o Any agreement by the parties unduly depriving the mother of the o But where it is shown that the mother is completely neglectful, that she
custody of her children under 7 years of her age in the absence of any intends to have her children adopted by her wealthy aunt for monetary
compelling reason to warrant the same is null & void. consideration, that her children were always sick when the mother took
§ CASE: Dacasin v. Dacasin – A Philippine Court has no authority them, it was enough to turn over custody to the father.
to enforce a custody-agreement executed in the U.S. where a o Presumption of maternal preference is only resorted to in the rare
Filipina woman divorced from her foreigner spouse agreed that situation when all other considerations are equal, with the parental
she & her ex would have joint custody of their child. qualities of the litigants so equally balanced that the presumption
• At the time the agreement was made, the child was below becomes necessary
7 years old. When it was decided, she was 15. • Custody Granted to Others
Nevertheless, the custody agreement was declared void for o Custody may be granted to persons who are strangers to the family if
being contrary to law. such award would best serve the paramount interest of the child
• In Philippines, sole parental custody is awarded to the o Court may designate:
mother when the child is below 7 years old. § Paternal or maternal grandparents
o However, parents can make ancillary agreements, such as visitation § Brothers & sisters of the child
rights & other privileges; but they cannot decide that the custody will § Some reputable & discreet person
be jointly shared for a child under 7 § Asylum, children’s home or benevolent society
o From 8 years old until the time of emancipation, the separated parents • No Finality of Custody Judgment
can, subject to the usual contractual limitations, agree on custody o Custody of minor children is always open to adjustments as the
regimes they see fit to adopt circumstances relevant to the matter may demand
• Exception to Maternal Preference o CASE: Luna v. IAC – The custody of the child was awarded to the
o There must be “compelling reason” that is shown by clear & positive grandparents by the lower court, but later the CA granted it to the
evidence that the mother is unfit natural parents. But when the child said she would kill herself if she
§ It must be complete unfitness, not merely comparative unfitness would be delivered to her natural parents, SC reversed the CA decision
§ The criterion remains to be the paramount interest of the child even if at first it affirmed it.
o Instances that are not considered to be “compelling reasons” o CASE: Viesca v. Gilinsky – Where an equivocal compromise
§ When the mother is a lesbian agreement reached between the 2 parties results in a disagreement
§ When the father is more well-off than the mother but the mother between them for a prolonged period, the court’s only choice is to help
sustains the family facilitate the compromise agreement; the court itself cannot modify, by
motion of one of the parties, a compromise agreement.
ARTICLE 214. IN CASE OF DEATH, ABSENCE OR UNSUITABILITY OF THE § The child can testify if he wants to, but he cannot be forced
PARENTS, SUBSTITUTE PARENTAL AUTHORITY SHALL BE EXERCISED BY THE o Exception: Such testimony is indispensable in a crime against the
SURVIVING GRANDPARENT. IN CASE SEVERAL SURVIVE, THE ONE descendant or by one parent against another
DESIGNATED BY THE COURT, TAKING INTO ACCOUNT THE SAME • Marital Privilege
CONSIDERATION MENTIONED IN THE PRECEDING ARTICLE, SHALL o Provided in Sec. 24(a) of Rule 130 of the Rules of Court
EXERCISE THE AUTHORITY. § The husband & wife, during or after the marriage, cannot be
examined without the consent of the other as to any
• Substitute Parental Authority of Grandparents communication received in confidence by one from the other
o In the absence or incapacity of the parents, the grandparents are the during the marriage, except:
most natural, suitable & logical persons to exercise parental authority
• In a civil case by one against the other
o Takes into consideration the choice of the child above 7 years old
• In a criminal case for a crime committed by one against the
other or the latter’s direct descendants or ascendants
o A rape case filed by the daughter against the father was considered by
ARTICLE 215. NO DESCENDANT SHALL BE COMPELLED, IN A CRIMINAL SC as a crime “against the other”
CASE, TO TESTIFY AGAINST HIS o Not dependent on the CHOICE of the confessor, but on the CONSENT
PARENTS & GRANDPARENTS, EXCEPT WHEN SUCH TESTIMONY IS of the spouse
INDISPENSABLE IN A CRIME o CASE: Alvarez v. Ramirez - The husband set fire to the house of his
AGAINST THE DESCENDANT OR BY ONE PARENT AGAINST THE OTHER. wife’s sister knowing the wise was inside the house. A wife testified
• Salient Points against her husband in the arson case.
o Only in criminal cases § SC held that there was no more marital privilege to protect, & the
o The child can testify; he just cannot be compelled to testify, except wife could testify against her husband.
when it falls under the exemptions. • Final Notes
o Remember that custody is not the equivalent of parental authority
• Q: A & B are cousins. X & Y are parents of A. B saw X hit A in front of his
o Remember that parental authority terminates when one reaches the age
other cousins. Can A be compelled to testify?
o A: No. Because his testimony is not indispensable, as his cousins are of 18
beside him who also saw the crime. But A’s testimony is indispensable,
then he can be compelled to testify still.
• Reason for the Filial Privilege ARTICLE 216. IN DEFAULT OF PARENTS OR A JUDICIALLY APPOINTED
o The privilege is solely addressed to the descendant-witness GUARDIAN, THE FOLLOWING PERSONS SHALL EXERCISE SUBSTITUTE
§ He may or may not testify against his parents or grandparents in a PARENTAL AUTHORITY OVER THE CHILD IN THE ORDER INDICATED:
criminal case 1) THE SURVIVING GRANDPARENT, AS PROVIDED IN ART. 214;
§ If the descendant does not want to do so, he cannot be compelled 2) THE OLDEST BROTHER OR SISTER, OVER 21 YEARS OF AGE,
to do so UNLESS UNFIT OR DISQUALIFIED; &
3) THE CHILD’S ACTUAL CUSTODIAN, OVER 21 YEARS OF AGE, • Unfortunate Children
UNLESS UNFIT OR DISQUALIFIED. o Foundling – newborn child abandoned by its parents who are unknown
o Abandoned – One who has no proper parental care or guardianship; or
WHENEVER THE APPOINTMENT OF A JUDICIAL GUARDIAN OVER THE whose parents or guardians have deserted him for a period of at least 6
PROPERTY OF THE CHILD BECOMES NECESSARY, THE SAME ORDER OF continuous months
PREFERENCE SHALL BE OBSERVED. o Neglected – One whose basic needs have been deliberately unattended
or inadequately unattended; two forms of neglect:
• Substitute Parental Authority § Physical neglect – child is malnourished, ill clad & without proper
o Have all the rights given to parents in Art. 220 shelter
o Same authority over the person of the child as the parents (Art. 233) § Emotional neglect – child is maltreated, raped or seduced,
o They shall also be civilly liable for the injuries & damages caused by
exploited or overworked or made to beg in the streets, or are
the acts or omissions of the unemancipated children living in their
placed in situations of moral danger (abused children fall under
company & under their parental case (Art. 221) here)
§ Substitute parental authority is more encompassing than special o Dependent – One who is without a parent, guardian or custodian; or
parental authority; the latter is usually for minors, & only for one whose parent, guardian or custodian for good cause desires to be
special occasions or authorized activities relieved of his care & custody; dependent upon the public for support
o A person who is not even related to an unemancipated child & who was
• Child Welfare Agency
not adopted by the same but who has actual custody of said child, may
o Child welfare agencies cannot be established temporarily or
be liable for the damages caused by said child
permanently without a license secured from the DSWD
§ At the same time, he may not inherit from the said child upon the
§ License is non-transferrable
latter’s death, as he is not the heir at all
§ Shall be used only by the person or institution to which it was
o Order established is not mandatory
issued at the place stated therein
§ If the brother is more qualified than the grandparent, the substitute
o Proper function & purpose of the child welfare agency must be clearly
parental authority may be granted to the brother
defined
o But order must be observed when those enumerated are equally fit
• Transfer of Parental Authority
o Transfer of parental authority for unfortunate children shall be
entrusted in a summary proceeding to heads of children’s homes,
ARTICLE 217. IN CASE OF FOUNDLINGS, ABANDONED, NEGLECTED OR orphanages, or other similar institutions (following Art. 253)
ABUSED CHILDREN & OTHER CHILDREN SIMILARLY SITUATED, PARENTAL o The transfer of parental authority over the child can be voluntary or
AUTHORITY SHALL BE ENTRUSTED IN SUMMARY JUDICIAL PROCEEDINGS involuntary
TO HEADS OF CHILDREN’S HOMES, ORPHANAGES & SIMILAR o When done involuntarily:
INSTITUTIONS DULY ACCREDITED BY THE PROPER GOVERNMENT § DSWD or authorized representatives or a child-placement agency
AGENCY. having knowledge of a child who appears to be dependent,
abandoned or neglected may file a petition for involuntary ARTICLE 219. THOSE GIVEN THE AUTHORITY & RESPONSIBILITY UNDER THE
commitment of said child PRECEDING ART. SHALL BE PRINCIPALLY & SOLIDARILY LIABLE FOR
§ After commitment, parents or guardians shall thereafter exercise DAMAGES CAUSED BY THE ACTS OR OMISSIONS OF THE
no authority over him except upon such conditions as the court UNEMANCIPATED MINOR. THE PARENTS, JUDICIAL GUARDIANS OR THE
may impose PERSONS EXERCISING SUBSTITUTE PARENTAL AUTHORITY OVER SAID
§ DSWD or agency becomes the legal guardian & will be entitled
MINOR SHALL BE SUBSIDIARILY LIABLE.
to custody & be responsible for his support
o When done voluntarily:
THE RESPECTIVE LIABILITIES OF THOSE REFERRED TO IN THE PRECEDING
§ Parent of a neglected, abandoned, or dependent child voluntarily
PAR. SHALL NOT APPLY IF IT IS PROVED THAT THEY EXERCISED THE PROPER
commits the child to DSWD or a license child-placing agency or
individual DILIGENCE REQUIRED UNDER THE PARTICULAR CIRCUMSTANCES.
§ He must be surrendered in writing by his parents or guardian
• In case of death or legal incapacity of either parent of the ALL OTHER CASES NOT COVERED BY THIS & THE PRECEDING ARTICLES
child for a period of at least 1 year, the other parent alone SHALL BE GOVERNED BY THE PROVISIONS OF THE CIVIL CODE ON
has the authority to make the commitment QUASI-DELICTS.
• Upon being surrendered, the rights of his natural parents,
guardians, or custodian over the exercise of parental • Liability of Persons Possessing Special Parental Authority
authority over him shall cease o Special parental authority is given by law to:
§ Agency will be entitled to custody & control of the child § School, its administrator & teachers
§ Agency may intervene in adoption proceedings § Individuals, entities or institutions engaged in child care
o Can be exercised only while under their supervision, instruction or
custody
ARTICLE 218. THE SCHOOL, ITS ADMINISTRATORS & TEACHERS, OR THE § Also attaches to all authorized activities whether inside or outside
INDIVIDUAL, ENTITY OR INSTITUTION ENGAGED IN CHILD CARE SHALL the school entity or institution
HAVE SPECIAL PARENTAL AUTHORITY & RESPONSIBILITY OVER THE o They are civilly liable for the acts & omissions of the unemancipated
MINOR CHILD WHILE UNDER THEIR SUPERVISION, INSTRUCTION OR minor
CUSTODY. § BUT liability shall not apply if it is proved that they exercised the
proper diligence required under the particular circumstances
AUTHORITY & RESPONSIBILITY SHALL APPLY TO ALL AUTHORIZED
o Teacher must be teacher-in-charge
ACTIVITIES WHETHER INSIDE OR OUTSIDE THE PREMISES OF THE SCHOOL,
§ The one designated by the dean, administrative superior or
ENTITY OR INSTITUTION
principal to exercise supervision over the pupils in his assigned
classes
§ Immediately involved in the students’ discipline as he has direct o CASE: Ylarde v. Aquino – Not enough that a teacher told the kids “not
control or influence over them to touch the stone” in an excavation site; to bring them there & then
§ Example: A mere physics teacher who is not the teacher-in-charge leave them there by themselves is not something a reasonably prudent
is not liable person would do. A teacher who stands in loco parentis to his pupils
o Those with special authority are in loco parentis only with respect to must make sure that the children are protected from all harm in his
the unemancipated minors & their liability will attach only in such a company.
case • Quasi-Delict
§ Liability attaches while the minor is under their supervision, o Art. 2180, CC: Teachers or heads of establishments of arts & trades
instruction & custody & all authorized activities shall be liable for damages caused by their pupils & students or
§ “Being in the custody of the school” means the protective & apprentices so long as they remain in their custody.
supervisory custody these individuals have over the pupils for as § There must be clear showing of negligence or laxness in the
long as they are in attendance in the school, including recess time enforcement of discipline
o Must be proven that the student is in the school premises in pursuance § Applies if the students are no longer minor children
of a legitimate student objective, in the exercise of a legitimate student § School itself cannot be held liable under Art. 2180, but may be
right, & even in the enjoyment of a legitimate student privilege held liable under the principle of respondent superior
§ Even if the student is just relaxing in the grass or talking to his • Master/employer is liable for the damages of
friends in school, he is within the custody of the school authorities servants/employees
o No distinction on whether the school is academic or non-academic (arts • Same principle as special authority
& trades) § To exculpate themselves, the school, teachers or heads of the
o Liability extends to the administrators of the school establishment must show that they took the necessary precautions
to prevent the injury complained of
• Liability of Persons Exercising Substitute Parental Authority
o Parents, judicial guardians & persons exercising parental authority over
the minor are subsidiarily liable
ARTICLE 220. THE PARENTS & THOSE EXERCISING PARENTAL AUTHORITY
§ Liable only if the principals cannot satisfy their liability
SHALL HAVE WITH RESPECT TO THEIR UNEMANCIPATED CHILDREN OR
• Defense of Persons with Special Parental Authority
WARDS THE FOLLOWING RIGHTS & DUTIES:
o The liability under Art. 219 will not apply if it is proved that they
1) TO KEEP THEM IN THEIR COMPANY, TO SUPPORT, EDUCATE &
exercised the proper diligence required under the particular
INSTRUCT THEM BY RIGHT PRECEPT & GOOD EXAMPLE, & TO
circumstances
§ This is not as strictly imposed as liability is upon parents, because PROVIDE FOR THEIR UPBRINGING IN KEEPING WITH THEIR
it is assumed that parents have more influence over their children MEANS;
than teachers do 2) TO GIVE THEM LOVE & AFFECTION, ADVICE & COUNSEL,
COMPANIONSHIP & UNDERSTANDING;
3) TO PROVIDE THEM WITH MORAL & SPIRITUAL GUIDANCE,
INCULCATE IN THEM HONESTY, INTEGRITY, SELF-DISCIPLINE, • Disciplinary Actions
SELF-RELIANCE, INDUSTRY & THRIFT, STIMULATE THEIR INTEREST o Art. 220 (7) & (8): Parents have the right to demand respect &
IN CIVIC AFFAIRS, & INSPIRE IN THEM COMPLIANCE WITH THE obedience & to discipline them as may be required
DUTIES OF CITIZENSHIP; § They may inflict a reasonable measure of corporate punishment
4) TO ENHANCE, PROTECT, PRESERVE & MAINTAIN THEIR o CASE: Roe v. Doe (U.S.) – A child who constantly disobeyed the
PHYSICAL & MENTAL HEALTH AT ALL TIMES; reasonable requests of her parents, abandoned her parents’ home
without just cause, tried experimental drugs, etc. was denied support
5) TO FURNISH THEM WITH GOOD & WHOLESOME
by her parents. The decision of the parents was upheld in the court,
EDUCATIONAL MATERIALS, SUPERVISE THEIR ACTIVITIES,
because her actions disregarding the parental authority of the parents
RECREATION & ASSOCIATION WITH OTHERS, PROTECT
forfeited her rights to demand for support.
THEM FROM BAD COMPANY, & PREVENT THEM FROM
• Rights of the Children
ACQUIRING HABITS DETRIMENTAL TO THEIR HEALTH, STUDIES
o Art. 356, CC provides that every child:
& MORALS; § Is entitled to parental care
6) TO REPRESENT THEM IN ALL MATTERS AFFECTING THEIR § Shall receive at least elementary education
INTERESTS; § Shall be given moral & civic training by the parents or guardian
7) TO DEMAND FROM THEM RESPECT & OBEDIENCE; § Has a right to live in an atmosphere conducive to his physical,
moral & intellectual development
• Representative of the Children
o Art. 220, par. 8: Parents have the duty to represent their children in all
matters affecting their interest ARTICLE 221. PARENTS & OTHER PERSONS EXERCISING PARENTAL
§ An offer to redeem a particular property made by the father on AUTHORITY SHALL BE CIVILLY LIABLE FOR THE INJURIES & DAMAGES
behalf of his children is valid, as he is their natural guardian. It is CAUSED BY THE ACTS OR OMISSIONS OF THEIR UNEMANCIPATED
not an act of administration, but of representation of his children. CHILDREN LIVING IN THEIR COMPANY & UNDER THEIR PARENTAL
§ A mother also has the right to file a petition for change of name AUTHORITY SUBJECT TO THE APPROPRIATE DEFENSES PROVIDED BY LAW.
on behalf of her child, as the mother had the duty to represent the
• Imputed or vicarious liability of parents
child in all actions which redound to his benefit.
• Two qualifiers:
§ A petition for habeas corpus filed by the uncle of a minor for the
o While living in their company
minor was dismissed by SC because the parents of the minor filed
a motion to withdraw the appeal o Under their parental authority
• If one of these is gone, the parents are NOT liable.
• The parents exercise joint parental authority & represent
their children in all actions which may redound to their • Parents
benefit o Are primarily & principally liable for acts & omissions of their
unemancipated children resulting in injuries to others
o 2 requisites: • Selection
§ The unemancipated child must be living in their company o The appointment which will probably keep the family together is
§ Must be under their parental authority preferred to one which will bring about their separation
o Doctrine of “imputed negligence” or vicarious liability – because you o Appointment of a guardian is addressed to the sound discretion of the
instruct & discipline your child, you are also liable for torts committed court
by him o Primary consideration – best interests of the child
§ Responsibility for the negligence of those persons whose acts & o Guardian must be personally subject to the court’s jurisdiction
omissions are imputable, by legal fiction, to others who are in a
position to exercise an absolute or limited control over them
§ Torts that parents pay for their minor children are a result of their ARTICLE 223. THE PARENTS OR, IN THEIR ABSENCE OR INCAPACITY, THE
parental authority over them
INDIVIDUAL, ENTITY OR INSTITUTION EXERCISING PARENTAL AUTHORITY,
o Parental dereliction can be overturned under Art. 2180, CC, by proof
MAY PETITION THE PROPER COURT OF THE PLACE WHERE THE CHILD
that the parents had exercised all the diligence of a good father of a
RESIDES, FOR AN ORDER PROVIDING FOR DISCIPLINARY MEASURES
family to prevent the damage
OVER THE CHILD. THE CHILD SHALL BE ENTITLED TO THE ASSISTANCE OF
o Example: When, pending a trial, the child shoots someone, the natural
parents, rather than the adoptive parents, are liable, because the natural COUNSEL, EITHER OF HIS CHOICE OR APPOINTED BY THE COURT, & A
parents are the ones with responsibility over the child. This is true even SUMMARY HEARING SHALL BE CONDUCTED WHEREIN THE PETITIONER &
if the general rule in adoption is that the parent-child relationship is THE CHILD SHALL BE HEARD.
established from the date of the filing of the petition
• Diligence of a Good Father of a Family HOWEVER, IF IN THE SAME PROCEEDING THE COURT FINDS THE
o Necessary to remove liability under Art. 221 PETITIONER AT FAULT, IRRESPECTIVE OF THE MERITS OF THE PETITION, OR
o CASE: Libi v. IAC – The son had used his father’s gun to shoot WHEN THE CIRCUMSTANCES SO WARRANT, THE COURT MAY ALSO
someone. The father kept it in a safe but the son knew where it was & ORDER THE DEPRIVATION OR SUSPENSION OF PARENTAL AUTHORITY OR
where the key was hidden. ADOPT SUCH OTHER MEASURES AS IT MAY DEEM JUST & PROPER.
§ SC held that there was no diligence of a good father of a family
ARTICLE 224. THE MEASURES REFERRED TO IN THE PRECEDING ARTICLE

ARTICLE 222. THE COURTS MAY APPOINT A GUARDIAN OF THE CHILD’S
MAY INCLUDE THE COMMITMENT OF THE CHILD FOR NOT MORE THAN 30
PROPERTY, OR A GUARDIAN AD LITEM WHEN THE BEST INTERESTS OF THE
DAYS IN ENTITIES OR INSTITUTIONS ENGAGED IN CHILD CARE OR IN
CHILD SO REQUIRE.
CHILDREN’S HOMES DULY ACCREDITED BY THE PROPER GOVERNMENT
• Guardian AGENCY.
o Trust relationship of the most sacred character
o Represents the interest of the incompetent or the minor
THE PARENT EXERCISING PARENTAL AUTHORITY SHALL NOT INTERFERE A VERIFIED PETITION FOR APPROVAL OF THE BOND SHALL BE FILED IN THE
WITH THE CARE OF THE CHILD WHENEVER COMMITTED BUT SHALL PROPER COURT OF THE PLACE WHERE THE CHILD RESIDES, OR, IF THE
PROVIDE FOR HIS SUPPORT. UPON PROPER PETITION OR AT ITS OWN CHILD RESIDES IN A FOREIGN COUNTRY, IN THE PROPER COURT OF THE
INSTANCE, THE COURT MAY TERMINATE THE COMMITMENT OF THE CHILD PLACE WHERE THE PROPERTY OR ANY PART THEREOF IS SITUATED.
WHENEVER JUST & PROPER.
THE PETITION SHALL BE DOCKETED AS A SUMMARY SPECIAL
• Aid from the Court PROCEEDING IN WHICH ALL INCIDENTS & ISSUES REGARDING THE
o Parents have the principal duty of undertaking measures to discipline PERFORMANCE OF THE OBLIGATIONS REFERRED TO IN THE 2ND PAR. OF
their children THIS ART. SHALL BE HEARD & RESOLVED.
o If the parent wants to discipline the child, they can petition, but the
child has a right to be heard as well THE ORDINARY RULES ON GUARDIANSHIP SHALL BE MERELY SUPPLETORY
§ One of the measures that can be imposed – commitment of the EXCEPT WHEN THE CHILD IS UNDER SUBSTITUTE PARENTAL AUTHORITY, OR
child for not more than 30 days in entities or institutions engaged THE GUARDIAN IS A STRANGER, OR A PARENT HAS REMARRIED, IN
in childcare WHICH CASE THE ORDINARY RULES ON GUARDIANSHIP SHALL APPLY.
§ Parent of the child will not interfere with care once committed,
but shall provide for his support
• Legal Guardian
§ Upon petition or at its own instance, court may terminate the
o No need for a judicial court order appointing parents as guardians
commitment of the child whenever just & proper.
o Regardless of the value of the child’s property, the parents ipso jure
become the legal guardian of the child’s property
§ Here, still, father’s decision prevails over mother’s, subject to the
ARTICLE 225. THE FATHER & THE MOTHER SHALL JOINTLY EXERCISE LEGAL mother’s right to go to court to question the decision
GUARDIANSHIP OVER THE PROPERTY OF THEIR UNEMANCIPATED • Prohibition
COMMON CHILD WITHOUT THE NECESSITY OF A COURT APPOINTMENT. o 2 cases where a parent cannot be the administrator of the property of
IN CASE OF DISAGREEMENT, THE FATHER’S DECISION SHALL PREVAIL, his children (provided in the law on succession):
UNLESS THERE IS A JUDICIAL ORDER TO THE CONTRARY. § Art. 923, CC – Children & descendants of the person disinherited
shall take his place & shall preserve the rights of the compulsory
WHERE THE MARKET VALUE OF THE PROPERTY OR THE ANNUAL INCOME heirs with respect to the legitime, but the disinherited parent shall
OF THE CHILD EXCEEDS P50,000.00, THE PARENT CONCERNED SHALL BE not have the usufruct or administration of the property which
REQUIRED TO FURNISH A BOND IN SUCH AMOUNT AS THE COURT MAY constitutes the legitime.
DETERMINE, BUT NOT LESS THAN 10& PER CENTUM OF THE VALUE OF THE • A has a legitimate son B. B has a legitimate son, C. At the
PROPERTY OR ANNUAL INCOME, TO GUARANTEE THE PERFORMANCE OF time of the death of A, his net estate was P100,000.
THE OBLIGATIONS PRESCRIBED FOR GENERAL GUARDIANS.
• A executed a will where he validly disinherited B & o Law speaks of market value of the property or annual income – if this
bequeathed all his properties to C. exceeds P50,000, a bond is required
• Since C is the only heir who can inherit, he will inherit all o CASE: Pineda v. CA – A mother did not file a bond because her 3
of P100,000. children received P50,000 each from an insurance policy, & this
o The legitime portion is P50,000 amount does not exceed P50,000. However, SC held that the mother
o The voluntary portion is P50,000 failed to show that the P50,000 of each child was their only properties,
• B will not be allowed to administer the P50,000 as the law computes the aggregate market value of the properties &
constituting the legitime. However, B can administer the incomes.
P50,000 constituting C’s inheritance as voluntary heir. o Any act done without giving the bond is a nullity; it is a prerequisite to
§ Art. 1035, CC – If the person excluded from the inheritance by the right to use the power of guardianship
reason of incapacity should be a child or descendant of the • Bond & Duties of a Guardian
decedent & should have children or descendants, the latter shall o Bond guarantees the performance of the obligations prescribed for
acquire the right to the legitime. The person so excluded shall not general guardians
enjoy the usufruct & administration of the property thus inherited o CASE: Jocson v. Empire Insurance Co. – The father used the money
by his children. the children inherited from their mother to buy clothes for the kids. The
• A has a legitimate son B, who has 2 legitimate children, C petitioner is protesting this, because he claims that under the law the
& D. father must support his children with his own funds.
• B groundlessly accused A of murder which accusation § SC held that support was indeed demandable at any time the
made B incapacitated to succeed due to unworthiness. children needed it, but it requires that they actually make the
• At the time of A’s death, his estate was P100,000. demand, which they didn’t. Furthermore, the use of the children’s
• C & D will inherit the whole of P100,000. Since there is no funds to buy their clothes was made with court approval &
will & testament, they shall divide the P100,000 equally as therefore the bond cannot be forfeited.
their inheritance. • Alienation & Encumbrance
o P50,000 goes to C. o Parent’s authority over the estate of the ward as a legal-guardian would
o P50,000 goes to D. not extend to acts of encumbrance or disposition, as distinguished from
• B will not enjoy the usufruct of either C or D’s share. acts of management or administration
• Bond § Mother cannot sell the property of her minor children without
court approval; such a sale would be void
o If the value of the property or income of the child exceeds P50,000, the
parents are required to furnish a bond in such amount as the court may § A guardian has no authority to sell or encumber the properties of
determine his ward
o An abdicate waiver of rights by the guardian is also an act of
§ Not less than 10% of the value of the property or annual income,
to guarantee performance of guardian obligations disposition & cannot bind his ward, being null & void, unless duly
authorized by the court
§ Parents have no power to compromise their child’s claims o But if the child’s property is more than sufficient to maintain said child,
§ Court’s approval is necessary in compromises entered into by his income may be used to help pay for the daily collective needs of the
guardians & parents family
• Summary Proceeding o Art. 195, FC: A child is also obliged to support his parents
o Parents must immediately take care of the needs of their unemancipated § The child’s separate property can be used by the parents if the
children parents need it & the child can afford it
o Day-to-day management should not be derailed by extensive
proceedings
o Law itself has already constituted the parent as the legal guardian ARTICLE 227. IF THE PARENTS ENTRUST THE MANAGEMENT OR
o “All other incidents & issues” includes alienation, disposition, ADMINISTRATION OF ANY OF THEIR PROPERTIES TO AN UNEMANCIPATED
encumbrance or mortgaging the property beyond P50,000 CHILD, THE NET PROCEEDS OF SUCH PROPERTY SHALL BELONG TO THE
• Guardianship Proceeding OWNER. THE CHILD SHALL BE GIVEN A REASONABLE MONTHLY
o If the guardians are the parents, the rules on guardianship are
ALLOWANCE IN AN AMOUNT NOT LESS THAN THAT WHICH THE OWNER
suppletory
WOULD HAVE PAID IF THE ADMINISTRATOR WERE A STRANGER, UNLESS
o If the child is under substitute parental authority, or the guardian is a
THE OWNER GRANTS THE ENTIRE PROCEEDS TO THE CHILD. IN ANY CASE,
stranger, or the parent is remarried, the ordinary rules of co-ownership
will apply THE PROCEEDS THUS GIVEN IN WHOLE OR IN PART SHALL NOT BE
CHARGED TO THE CHILD’S LEGITIME.
• Allowance of Unemancipated Child
ARTICLE 226. THE PROPERTY OF THE UNEMANCIPATED CHILD EARNED OR o Parents who have engaged their unemancipated children to take care of
ACQUIRED WITH HIS WORK OR INDUSTRY OR BY ONEROUS OR their properties shall only be entitled to the net fruits of the managed
GRATUITOUS TITLE SHALL BELONG TO THE CHILD IN OWNERSHIP & SHALL properties
BE DEVOTED EXCLUSIVELY TO THE LATTER’S SUPPORT & EDUCATION, § Unemancipated child first receives a reasonable monthly
UNLESS THE TITLE OR TRANSFER PROVIDES OTHERWISE. allowance taken from the gross proceeds of the property for the
said month
§ All other expenses of the administration & management of the
THE RIGHT OF THE PARENTS OVER THE FRUITS & INCOME OF THE CHILD’S
property shall be taken from the proceeds
PROPERTY SHALL BE LIMITED PRIMARILY TO THE CHILD’S SUPPORT &
§ Balance of the net profits goes to the parents
SECONDARILY TO THE COLLECTIVE DAILY NEEDS OF THE FAMILY
o Parent can also grant all proceeds to the child
• Ownership of Child’s Property
o Child himself owns the property acquired by his own work to be used
for his education, support & welfare
ARTICLE 228. PARENTAL AUTHORITY TERMINATES PERMANENTLY: 2) UPON APPOINTMENT OF A GENERAL GUARDIAN;
1) UPON THE DEATH OF THE PARENTS; 3) UPON JUDICIAL DECLARATION OF ABANDONMENT OF THE
2) UPON THE DEATH OF THE CHILD; CHILD IN A CASE FILED FOR THE PURPOSE;
3) UPON EMANCIPATION OF THE CHILD. 4) UPON FINAL JUDGMENT OF A COMPETENT COURT DIVESTING
THE PARTY CONCERNED OF PARENTAL AUTHORITY;
• There are types of termination, depending on whether the parental authority 5) UPON JUDICIAL DECLARATION OF ABSENCE OR INCAPACITY
can be revived. OF THE PERSON EXERCISING PARENTAL AUTHORITY.
o Permanent termination
o Automatic revival – e.g., civil interdiction • Effect of Art. 229
o Revival by courts – e.g., sexual abuse o Termination in Art. 229 is not permanent
• Death of Parent or Child o Can be revived by the court, unlike Art. 228 & 232
o Art. 42, CC – Civil personality is extinguished by death • Judicial Termination of Parental Authority
§ Rights & obligations of the deceased are determined by law, by o Must be done only on the basis of legal grounds provided by law
contract & by will o Even if parents attempt to compel their daughter to marry someone
o Death terminates parental authority against her will, this cannot be grounds to terminate parental authority
o PD 603: The court, upon the death of the parents, can appoint a • Adoption
guardian for the person & property of the child, on petition of any o Except in cases where the biological parent is the spouse of the adopter,
relative or friend of the family or the DSWD all legal ties between the biological parents & the adoptee shall be
• Emancipation severed
o Child is emancipated upon reaching age of majority – 18 years old § The same shall be vested in the adopter upon the finality of a
o Emancipation terminates parental authority over the person & property judicial adoption decree
of the child; child is qualified to do all acts of civil life save for o Adoptee shall be considered the legitimate child of the adopter for all
exceptions established by existing laws intents & purposes
• Effect of Art. 228 § Shall be entitled to all the rights & obligations provided by law to
o In such cases, parental authority is terminated permanently legitimate children born to them without discrimination of any
o The events happen with no fault on the part of the parties kind
o Parental authority cannot be revived in these cases o If the adoption decree is rescinded, the rescission shall extinguish all
reciprocal rights between the adopter & the adopted
§ Upon rescission, the parental authority of the adoptee’s biological
ARTICLE 229. UNLESS SUBSEQUENTLY REVIVED BY A FINAL JUDGMENT, parents, if known, or the legal custody of the DSWD if the adoptee
PARENTAL AUTHORITY ALSO TERMINATES: is still a minor & incapacitated, shall be restored
1) UPON ADOPTION OF THE CHILD;
• Guardianship o The deprivation of the offender during his sentence of rights of
o A guardian appointed by the court shall generally have the care & parental authority, guardianship, either as to persons or property of
custody of the person of his ward & the management of his estate any ward, marital authority, the right to manage property, right to
• Judicial Declaration of Abandonment dispose of such property by any act or conveyance inter vivos
o A settled purpose on the part of the parent to forego all parental duties o This ground is distinct because it requires no judicial declaration; it
& relinquish all parental claims to the child is an accessory to a conviction
o Neglect or refusal to perform the natural & legal obligations of care &
support which parents owe to their children
o This ground refers to a judicial decision arising from a case precisely
ARTICLE 231. THE COURT IN AN ACTION FILED FOR THE PURPOSE OR IN A
filed for the declaration of abandonment (it must be the principal issue
RELATED CASE MAY ALSOSUSPEND PARENTAL AUTHORITY IF THE PARENT
in the case)
OR THE PERSON EXERCISING THE SAME:
• Divestment by Final Court Judgment
1) TREATS THE CHILD WITH EXCESSIVE HARSHNESS OR CRUELTY;
o Court may divest parental authority if the welfare of the child so
demands 2) GIVES THE CHILD CORRUPTING ORDERS, COUNSEL OR
o There must be clear, convincing & positive proofs EXAMPLE;
• Judicial Declaration of Absence or Incapacity 3) COMPELS THE CHILD TO BEG;
o Parental authority cannot be expected from one who is an absentee or 4) SUBJECTS THE CHILD OR ALLOWS HIM TO BE SUBJECTED TO
incapacitated ACTS OF LASCIVIOUSNESS.
o If a declaration has been decreed by court, such is a valid ground for
terminating parental authority THE GROUNDS ENUMERATED ABOVE ARE DEEMED TO INCLUDE CASES
§ A separate case will be filed using the decree to terminate parental WHICH HAVE RESULTED FROM CULPABLE NEGLIGENCE OF THE PARENT
authority OR THE PERSON EXERCISING PARENTAL AUTHORITY.
IF THE DEGREE OF SERIOUSNESS SO WARRANTS, OR THE WELFARE OF THE

ARTICLE 230. PARENTAL AUTHORITY IS SUSPENDED UPON CONVICTION CHILD SO DEMANDS, THE COURT SHALL DEPRIVE THE GUILTY PARTY OF
OF THE PARENT OR THE PERSON EXERCISING THE SAME OF A CRIME PARENTAL AUTHORITY OR ADOPT SUCH OTHER MEASURES AS MAY BE
WHICH CARRIES WITH IT THE PENALTY OF CIVIL INTERDICTION. THE PROPER UNDER THE CIRCUMSTANCES. THE SUSPENSION OR
AUTHORITY IS AUTOMATICALLY REINSTATED UPON SERVICE OF THE DEPRIVATION MAY BE REVOKED & THE PARENTAL AUTHORITY REVIVED IN
PENALTY OR UPON PARDON OR AMNESTY OF THE OFFENDER. A CASE FILED FOR THE PURPOSE OR IN THE SAME PROCEEDING IF THE
• Civil Interdiction COURT FINDS THAT THE CAUSE THEREFOR HAS CEASED & WILL NOT BE
o An accessory penalty imposed on accused found guilty of certain REPEATED.
crimes
• Court Proceeding ARTICLE 232. IF THE PERSON EXERCISING PARENTAL AUTHORITY HAS
o Suspension or deprivation can be judicially decreed in a case SUBJECTED THE CHILD OR ALLOWED HIM TO BE SUBJECTED TO SEXUAL
specifically filed for that purpose or in a related case ABUSE, SUCH PERSON SHALL BE PERMANENTLY DEPRIVED BY THE COURT
§ “Related case” – can be an offshoot of an incident or a collateral OF SUCH AUTHORITY.
pronouncement in another case
• Sexual Abuse
o Art. 223, FC: If parents file a disciplinary case against their child, but
o CASE: Re Van Vlack – A father sexually molested his adopted
their child is able to prove fault on the part of the parents can suspend
daughter. The biological mother left with the daughter, but returned a
parental authority
month later with the child.
• Excessive Harshness or Cruelty
§ SC held that this was grounds to terminate the parental rights of
o Parents should not excessively use corporal punishment
the mother
o Severely beating children or doing other cruel things is not allowed
o CASE: Re Armentrout – Where the evidence showed that the children
• Corrupting Orders, Counsel or Example
were molested by their stepfather but the mother consistently refused
o It is the duty of the parents to provide their parents with moral &
to believe in the stepfather’s guilt despite the conviction, SC
spiritual guidance permanently severed the parental rights of the mother
• Compelling Child to Beg o Where the welfare of the child so demand, the right of the parents
o Parents should inculcate in their children self-reliance through lawful becomes secondary
activities
• Effect of Art. 232
• Acts of Lasciviousness o Parental authority CANNOT be revived even if there is reformation
o To make the child the object of his prurient behavior can cause great
• Grounds for Terminating Parental Authority Under the RPC
emotional, physical & psychological harm to the victim-child
o Art. 278, RPC: If any ascendant, guardian, teacher or person entrusted
• Culpable Negligence with a child under 16 years of age delivers the child gratuitously or for
o Grounds in Art. 231 are deemed to include cases which result from a price to any habitual vagrant or beggar or to any person who is an
culpable negligence of the parent or person executing parental acrobat, gymnast, etc. who will employ the child in an exhibition, they
authority may be deprived, permanently or perpetually, of their parental
o Example: If the stepfather forces his son to beg & mother acts authority & imprisoned
indifferent, she can be culpably negligent
• Suspension, Deprivation, Revival
o Like Art. 229, suspension or deprivation can be revoked & parental ARTICLE 233. THE PERSON EXERCISING SUBSTITUTE PARENTAL AUTHORITY
authority revived in a case filed for the purpose or in the same
SHALL HAVE THE SAME AUTHORITY OVER THE PERSON OF THE CHILD AS
proceeding, if the court finds the cause therefor has ceased & will not
THE PARENTS. IN NO CASE SHALL THE SCHOOL ADMINISTRATOR,
be repeated
TEACHER OR INDIVIDUAL ENGAGED IN CHILDCARE & EXERCISING
SPECIAL PARENTAL AUTHORITY, INFLICT CORPORAL PUNISHMENT UPON § Conceals or abandons the child with intent to make such child lose
THE CHILD. his civil status;
§ Abandons the child under such circumstances as to deprive him
• NEGLIGENCE IS PRESUMED in these 3 instances in Civil Code
of the love, care and protection he needs;
o Vehicular accidents – e.g., violating traffic rules
§ Sells or abandons the child to another person for valuable
o Common carriers & extraordinary diligence
consideration;
o Art. 233 – administrators, teachers, etc. with special parental authority
§ Neglects the child by not giving him the education which the
• Q: If the teacher has her back turned & the minor children behind her are
family’s station in life and financial conditions permit;
hitting each other, and a pencil is stabbed on one child, is the teacher liable?
§ Fails or refuses, without justifiable grounds, to enroll the child;
o A: She is presumed liable & must prove she exercised the proper
§ Causes, abates or permits the truancy of the child from the school
diligence.
where he is enrolled. “Truancy’’ as here used means absence
• Q: What does aggrieved party have to prove?
without cause for more than twenty days, not necessarily
o A: The kid was in the classroom, came out with a bruise. That’s it,
consecutive;
because of the presumed negligence.
§ Improperly exploits the child by using him, directly or indirectly,
• This also applies in outside activities with authorization of the school
such as for purposes of begging and other acts which are inimical
o Recess
to his interest and welfare;
o Graduation
§ Inflicts cruel and unusual punishment upon the child or
o Waiting within the vicinity of the school for the fetching of the child
deliberately subjects him to indignation and other excessive
o There is a dorm owned by the school where the child live
chastisement that embarrass or humiliate him;
• Corporal Punishment § Causes or encourages the child to lead an immoral or dissolute
o Teachers & academic personnel are absolutely prohibited from life;
inflicting corporal punishment upon children § Permits the child to possess, handle or carry a deadly weapon,
o A teacher may be held civilly & administratively liable for such an regardless of its ownership;
offense, but for there to be criminal liability, there must be proof of § Allows or requires the child to drive without license or with
felonious intent license which the parent knows to have been illegally procured. If
• Right of Parents to Inflict Corporal Punishment the motor vehicle driven by the child belongs to the parents, it
o Only persons exercising special parental authority cannot inflict shall be presumed that he permitted or ordered the child to drive
corporal punishment (Art. 59, PD 603).
o Parents & those exercising substitute parental authority can inflict
reasonable corporal punishment
• Criminal Liability of Parents
o Parents can be criminally liable for maltreating their children when
they:
ARTICLE 234 -237 EMANCIPATION. AMENDED BY R.A. 6809 o "Art. 234. Emancipation takes place by the attainment
of majority. Unless otherwise provided, majority
Original Articles Before Repeal: commences at the age of eighteen years."
Art. 234. Emancipation takes place by the attainment of majority. Unless • Section 2. Articles 235 and 237 of the same Code are hereby
otherwise provided, majority commences at the age of twenty-one years. repealed.
Emancipation also takes place: • Section 3. Article 236 of the same Code is also hereby
(1) By the marriage of the minor; or
amended to read as follows:
(2) By the recording in the Civil Register of an agreement in a
o "Art. 236. Emancipation shall terminate parental
public instrument executed by the parent exercising parental
authority over the person and property of the child who
authority and the minor at least eighteen years of age. Such
shall then be qualified and responsible for all acts of civil
emancipation shall be irrevocable. (397a, 398a, 400a, 401a)
Art. 235. The provisions governing emancipation by recorded agreement life, save the exceptions established by existing laws in
shall also apply to an orphan minor and the person exercising parental special cases.
authority but the agreement must be approved by the court before it is o "Contracting marriage shall require parental consent
recorded. (n) until the age of twenty-one.
Art. 236. Emancipation for any cause shall terminate parental authority over o "Nothing in this Code shall be construed to derogate
the person and property of the child who shall then be qualified and from the duty or responsibility of parents and guardians
responsible for all acts of civil life. (412a) for children and wards below twenty-one years of age
Art. 237. The annulment or declaration of nullity of the marriage of a minor mentioned in the second and third paragraphs of Article
or of the recorded agreement mentioned in the foregoing. Articles 234 and 2180 of the Civil Code."
235 shall revive the parental authority over the minor but shall not affect • Section 4. Upon the effectivity of this Act, existing wills,
acts and transactions that took place prior to the recording of the final bequests, donations, grants, insurance policies and similar
judgment in the Civil Register. instruments containing references and provisions favorable to
minors will not retroact to their prejudice.
REPUBLIC ACT NO. 6809 - DECEMBER 13, 1989
• AN ACT LOWERING THE AGE OF MAJORITY FROM TWENTY-ONE
• Emancipation
TO EIGHTEEN YEARS, AMENDING FOR THE PURPOSE EXECUTIVE
o Attained upon reaching 18yrs of age
ORDER NUMBERED TWO HUNDRED NINE, AND FOR OTHER
o Marriage not a ground for emancipation
PURPOSES § If contracting party in a marriage is under 18 at the time of the
• Section 1. Article 234 of Executive Order No. 209, the Family marriage ceremony, the marriage is void ab initio following
Code of the Philippines, is hereby amended to read as follows: Article 35 par 1.
§ Upon reaching age of majority, the person may now sue & be sued
without the assistance of the father, mother or guardian
• Parental Consent CANNOT BE OBTAINED, A VERIFIED PETITION MAY BE FILED IN COURT
o Not an essential requirement for those seeking marriage between 18- ALLEGING THE FOREGOING FACTS.
21yo
§ Article 236 par 2 is known as Paterno Amendment THE PETITION SHALL ATTACH THE PROPOSED DEED, IF ANY, EMBODYING
§ Under Article 45 of the FC, absence of parental consent will THE TRANSACTION, AND, IF NONE, SHALL DESCRIBE IN DETAIL THE SAID
render the marriage annullable TRANSACTION AND STATE THE REASON WHY THE REQUIRED CONSENT
• Tort liability of parents & guardians THERETO CANNOT BE SECURED. IN ANY CASE, THE FINAL DEED DULY
o As of enactment of family code, liability falls under Article 221 of the
EXECUTED BY THE PARTIES SHALL BE SUBMITTED TO AND APPROVED BY
FC, parents & other people exercising parental authority shall be
THE COURT.
civilly liable fo injuries/damages caused by the acts of the
UNEMANCIPATED CHILDREN living in their company & under the
• Judicial approval
parental authority subject to appropriate defenses provided by law
o If property regime is ACP or CPG, the spouses are co-owners or
o Liability of parents under Article 2180 (2) attaches only in a case where
the minor children live with the parents partners of the community property or partnership property
o Article 236 par 3 is known as Saguisag amendment o Spouse cannot dispose without the consent of the other spouse
o If the other spouse abandons or they are separated, sale of property
o Last paragraph appears to hold parents & guardians liable for damages
must go through court for approval of sale.
caused by children between 18-21yo
o Approval of the court is to protect the transacting spouse & third
persons who are directly affected by the transaction
SUMMARY JUDICIAL PROCEEDINGS
ARTICLE 240. CLAIMS FOR DAMAGES BY EITHER SPOUSE, EXCEPT COSTS

ARTICLE 238. UNTIL MODIFIED BY THE SUPREME COURT, THE PROCEDURAL
OF THE PROCEEDINGS, MAY BE LITIGATED ONLY IN A SEPARATE ACTION
RULES PROVIDED FOR IN THIS TITLE SHALL APPLY AS REGARDS
• Damages
SEPARATION IN FACT BETWEEN HUSBAND AND WIFE, ABANDONMENT BY
o Claim for damages usually entail a lengthy process
ONE OF THE OTHER, AND INCIDENTS INVOLVING PARENTAL AUTHORITY.
o In view of this, damages, except cost of the proceedings, may be
litigated only in a separate action
ARTICLE 239. WHEN A HUSBAND AND WIFE ARE SEPARATED IN FACT, OR

ONE HAS ABANDONED THE OTHER AND ONE OF THEM SEEKS JUDICIAL ARTICLE 241. JURISDICTION OVER THE PETITION SHALL, UPON PROOF OF
AUTHORIZATION FOR A TRANSACTION WHERE THE CONSENT OF THE NOTICE TO THE OTHER SPOUSE, BE EXERCISED BY THE PROPER COURT
OTHER SPOUSE IS REQUIRED BY LAW BUT SUCH CONSENT IS WITHHELD OR AUTHORIZED TO HEAR FAMILY CASES, IF ONE EXISTS, OR IN THE
REGIONAL TRIAL COURT OR ITS EQUIVALENT SITTING IN THE PLACE HIS FAILURE TO APPEAR, AND SHALL REQUIRE SUCH APPEARANCE, IF
WHERE EITHER OF THE SPOUSES RESIDES POSSIBLE.
• Proper Court
o RA 8369 (Family Courts Act of 1997) – established family courts as
exclusively tasked to take on family cases ARTICLE 245. IF, DESPITE ALL EFFORTS, THE ATTENDANCE OF THE NON-
CONSENTING SPOUSE IS NOT SECURED, THE COURT MAY PROCEED EX
ARTICLE 242. UPON THE FILING OF THE PETITION, THE COURT SHALL PARTE AND RENDER JUDGMENT AS THE FACTS AND CIRCUMSTANCES
NOTIFY THE OTHER SPOUSE, WHOSE CONSENT TO THE TRANSACTION IS MAY WARRANT. IN ANY CASE, THE JUDGE SHALL ENDEAVOR TO
REQUIRED, OF SAID PETITION, ORDERING SAID SPOUSE TO SHOW CAUSE PROTECT THE INTERESTS OF THE NON-APPEARING SPOUSE.
WHY THE PETITION SHOULD NOT BE GRANTED, ON OR BEFORE THE DATE
SET IN SAID NOTICE FOR THE INITIAL CONFERENCE. THE NOTICE SHALL BE
ACCOMPANIED BY A COPY OF THE PETITION AND SHALL BE SERVED AT ARTICLE 246. IF THE PETITION IS NOT RESOLVED AT THE INITIAL
THE LAST KNOWN ADDRESS OF THE SPOUSE CONCERNED CONFERENCE, SAID PETITION SHALL BE DECIDED IN A SUMMARY
• Due process HEARING ON THE BASIS OF AFFIDAVITS, DOCUMENTARY EVIDENCE OR
o Once petition is filed, respondent is given a chance to comment & show ORAL TESTIMONIES AT THE SOUND DISCRETION OF THE COURT. IF
cause why the petition should not be granted TESTIMONY IS NEEDED, THE COURT SHALL SPECIFY THE WITNESSES TO BE
HEARD AND THE SUBJECT-MATTER OF THEIR TESTIMONIES, DIRECTING THE
PARTIES TO PRESENT SAID WITNESSES.
ARTICLE 243. A PRELIMINARY CONFERENCE SHALL BE CONDUCTED BY
THE JUDGE PERSONALLY WITHOUT THE PARTIES BEING ASSISTED BY
COUNSEL. AFTER THE INITIAL CONFERENCE, IF THE COURT DEEMS IT ARTICLE 247. THE JUDGMENT OF THE COURT SHALL BE IMMEDIATELY
USEFUL, THE PARTIES MAY BE ASSISTED BY COUNSEL AT THE SUCCEEDING FINAL AND EXECUTORY.
CONFERENCES AND HEARINGS. • Finality of decision
• Preliminary conference o General Rule - Decision becomes final & executory after the lapse of
o Aimed at having the parties settle things amicably the reglementary period of 15 days from the time the parties receive a
o In the initial conference, they will not be assisted by counsel copy of the decision
o The judge will conduct the proceedings personally o Family Court Decision – immediately final & executory under this title
o If there is claim of abuse of discretion by a lower court, petition for
certiorari may be filed
ARTICLE 244. IN CASE OF NON-APPEARANCE OF THE SPOUSE WHOSE o Aggrieved party can still file a case with a higher court if due process
CONSENT IS SOUGHT, THE COURT SHALL INQUIRE INTO THE REASONS FOR was not given
ARTICLE 248. THE PETITION FOR JUDICIAL AUTHORITY TO ADMINISTER OR ARTICLE 252. THE RULES IN CHAPTER 2 HEREOF SHALL ALSO GOVERN
ENCUMBER SPECIFIC SEPARATE PROPERTY OF THE ABANDONING SUMMARY PROCEEDINGS UNDER THIS CHAPTER INSOFAR AS THEY ARE
SPOUSE AND TO USE THE FRUITS OR PROCEEDS THEREOF FOR THE APPLICABLE
SUPPORT OF THE FAMILY SHALL ALSO BE GOVERNED BY THESE RULES.
• Refers to paragraph 3 of Article 100 & 127 which provides that the
separation in fact between husband & wife shall not affect either the ACP ARTICLE 253. THE FOREGOING RULES IN CHAPTERS 2 AND 3 HEREOF
or the CPG except that in the absence of sufficient community or conjugal SHALL LIKEWISE GOVERN SUMMARY PROCEEDINGS FILED UNDER
property, the separate property of both spouses shall be solidarily liable for ARTICLES 41, 51, 69, 73, 96, 124 AND 127, INSOFAR AS THEY ARE
the support of the family APPLICABLE
• Article 41 – deals with the judicial declaration of a spouse as presumptively
dead
ARTICLE 249. PETITIONS FILED UNDER ARTICLES 223, 225 AND 235 OF THIS • Article 51 – deals with an action of a child for the delivery of their
CODE INVOLVING PARENTAL AUTHORITY SHALL BE VERIFIED. presumptive legitime
• Verified petitions • Article 69 – deals with the judicial termination of the family domicile in
o Petitions under Article 223 & 225 must be verified case of disagreement of the spouses
o Article 223 - Case seeking a court order providing for disciplinary • Article 73 – deals with the court adjudication of the validity of a spouse’s
measures over the child objection to the profession of the other spouse
o Article 225 - Case for the approval of the bond required pf parents to • Article 217 – deals with the court order entrusting foundlings, abandoned,
exercise parental authority neglected, or abused children & other children similarly situated to heads if
children’s homes & other institutions
• Article 96 & 124 – involving annulment of the husband’s decision in the
ARTICLE 250. SUCH PETITIONS SHALL BE VERIFIED AND FILED IN THE administration & enjoyment of the community or conjugal property in case
PROPER COURT OF THE PLACE WHERE THE CHILD RESIDES. his decision is in conflict with the wife’s
ARTICLE 251. UPON THE FILING OF THE PETITION, THE COURT SHALL FUNERALS
NOTIFY THE PARENTS OR, IN THEIR ABSENCE OR INCAPACITY, THE
INDIVIDUALS, ENTITIES OR INSTITUTIONS EXERCISING PARENTAL ARTICLE 305. THE DUTY AND THE RIGHT TO MAKE ARRANGEMENTS FOR
AUTHORITY OVER THE CHILD THE FUNERAL OF A RELATIVE SHALL BE IN ACCORDANCE WITH THE
ORDER ESTABLISHED FOR SUPPORT, UNDER ARTICLE 294. IN CASE OF
DESCENDANTS OF THE SAME DEGREE, OR OF BROTHERS AND SISTERS, THE
OLDEST SHALL BE PREFERRED. IN CASE OF ASCENDANTS, THE PATERNAL ARTICLE 309. ANY PERSON WHO SHOWS DISRESPECT TO THE DEAD, OR
SHALL HAVE A BETTER RIGHT. WRONGFULLY INTERFERES WITH A FUNERAL SHALL BE LIABLE TO THE
• The order is now governed by Article 199 of the FC and duty shall devolve FAMILY OF THE DECEASED FOR DAMAGES, MATERIAL AND MORAL.
in the following order:
o The spouse
o Descendant in the nearest degree ARTICLE 310. THE CONSTRUCTION OF A TOMBSTONE OR MAUSOLEUM
o Ascendant in the nearest degree (paternal side has priority) SHALL BE DEEMED A PART OF THE FUNERAL EXPENSES, AND SHALL BE
o Brothers & sisters CHARGEABLE TO THE CONJUGAL PARTNERSHIP PROPERTY, IF THE
DECEASED IS ONE OF THE SPOUSES.
ARTICLE 306. EVERY FUNERAL SHALL BE IN KEEPING WITH THE SOCIAL

POSITION OF THE DECEASED.
CARE & EDUCATION OF CHILDREN
ARTICLE 356. EVERY CHILD:

ARTICLE 307. THE FUNERAL SHALL BE IN ACCORDANCE WITH THE
1) IS ENTITLED TO PARENTAL CARE;
EXPRESSED WISHES OF THE DECEASED. IN THE ABSENCE OF SUCH
2) SHALL RECEIVE AT LEAST ELEMENTARY EDUCATION;
EXPRESSION, HIS RELIGIOUS BELIEFS OR AFFILIATION SHALL DETERMINE
3) SHALL BE GIVEN MORAL AND CIVIC TRAINING BY THE PARENTS
THE FUNERAL RITES. IN CASE OF DOUBT, THE FORM OF THE FUNERAL
OR GUARDIAN;
SHALL BE DECIDED UPON BY THE PERSON OBLIGED TO MAKE
4) HAS A RIGHT TO LIVE IN AN ATMOSPHERE CONDUCIVE TO HIS
ARRANGEMENTS FOR THE SAME, AFTER CONSULTING THE OTHER
PHYSICAL, MORAL AND INTELLECTUAL DEVELOPMENT.
MEMBERS OF THE FAMILY.
• Kinds of funeral
ARTICLE 357. EVERY CHILD SHALL:
o Wishes of the deceased will mainly be followed
1) OBEY AND HONOR HIS PARENTS OR GUARDIAN;
o Secondary is to follow the tradition of the religious belief of the
2) RESPECT HIS GRANDPARENTS, OLD RELATIVES, AND PERSONS
deceased
o Funeral shall be in keeping with the social position of the deceased HOLDING SUBSTITUTE PARENTAL AUTHORITY;
3) EXERT HIS UTMOST FOR HIS EDUCATION AND TRAINING;
4) COOPERATE WITH THE FAMILY IN ALL MATTERS THAT MAKE FOR
ARTICLE 308. NO HUMAN REMAINS SHALL BE RETAINED, INTERRED, THE GOOD OF THE SAME.
DISPOSED OF OR EXHUMED WITHOUT THE CONSENT OF THE PERSONS
MENTIONED IN ARTICLES 294 AND 305.
ARTICLE 358. EVERY PARENT AND EVERY PERSON HOLDING SUBSTITUTE 7) COORDINATE THE ACTIVITIES OF ORGANIZATIONS DEVOTED TO
PARENTAL AUTHORITY SHALL SEE TO IT THAT THE RIGHTS OF THE CHILD THE WELFARE OF CHILDREN, AND SECURE THEIR COOPERATION.
ARE RESPECTED AND HIS DUTIES COMPLIED WITH, AND SHALL
PARTICULARLY, BY PRECEPT AND EXAMPLE, IMBUE THE CHILD WITH
HIGHMINDEDNESS, LOVE OF COUNTRY, VENERATION FOR THE ARTICLE 361. JUVENILE COURTS WILL BE ESTABLISHED, AS FAR AS
NATIONAL HEROES, FIDELITY TO DEMOCRACY AS A WAY OF LIFE, AND PRACTICABLE, IN EVERY CHARTERED CITY OR LARGE MUNICIPALITY.
ATTACHMENT TO THE IDEAL OF PERMANENT WORLD PEACE.
ARTICLE 359. THE GOVERNMENT PROMOTES THE FULL GROWTH OF THE
FACULTIES OF EVERY CHILD. FOR THIS PURPOSE, THE GOVERNMENT WILL ARTICLE 362. WHENEVER A CHILD IS FOUND DELINQUENT BY ANY COURT,
ESTABLISH, WHENEVER POSSIBLE: THE FATHER, MOTHER, OR GUARDIAN MAY IN A PROPER CASE BE
1) SCHOOLS IN EVERY BARRIO, MUNICIPALITY AND CITY WHERE JUDICIALLY ADMONISHED.
OPTIONAL RELIGIOUS INSTRUCTION SHALL BE TAUGHT AS PART
OF THE CURRICULUM AT THE OPTION OF THE PARENT OR
GUARDIAN; ARTICLE 363. IN ALL QUESTIONS ON THE CARE, CUSTODY, EDUCATION
2) PUERICULTURE AND SIMILAR CENTERS; AND PROPERTY OF CHILDREN THE LATTER'S WELFARE SHALL BE
3) COUNCILS FOR THE PROTECTION OF CHILDREN; AND PARAMOUNT. NO MOTHER SHALL BE SEPARATED FROM HER CHILD
4) JUVENILE COURTS. UNDER SEVEN YEARS OF AGE, UNLESS THE COURT FINDS COMPELLING
REASONS FOR SUCH MEASURE.
ARTICLE 360. THE COUNCIL FOR THE PROTECTION OF CHILDREN SHALL

LOOK AFTER THE WELFARE OF CHILDREN IN THE MUNICIPALITY. IT SHALL, SURNAMES
AMONG OTHER FUNCTIONS:
1) FOSTER THE EDUCATION OF EVERY CHILD IN THE MUNICIPALITY; ARTICLE 364. LEGITIMATE AND LEGITIMATED CHILDREN SHALL
2) ENCOURAGE THE CULTIVATION OF THE DUTIES OF PARENTS; PRINCIPALLY USE THE SURNAME OF THE FATHER.
3) PROTECT AND ASSIST ABANDONED OR MISTREATED CHILDREN, • Article 174 of FC provides legitimate children to bear the surname of the
AND ORPHANS; father & the mother
4) TAKE STEPS TO PREVENT JUVENILE DELINQUENCY; • Article 179 of FC provides legitimated children to bear the surname of the
5) ADOPT MEASURES FOR THE HEALTH OF CHILDREN; father & the mother
6) PROMOTE THE OPENING AND MAINTENANCE OF
PLAYGROUNDS;
ARTICLE 365. AN ADOPTED CHILD SHALL BEAR THE SURNAME OF THE 3) HER HUSBAND'S FULL NAME, BUT PREFIXING A WORD
ADOPTER. INDICATING THAT SHE IS HIS WIFE, SUCH AS "MRS."
• RA 8552 (Domestic Adoption Act of 1998) – provides that adoptee as
legitimate child of adopter & is entitled to all rights & obligations provided
by law to legitimate children ARTICLE 371. IN CASE OF ANNULMENT OF MARRIAGE, AND THE WIFE IS
THE GUILTY PARTY, SHE SHALL RESUME HER MAIDEN NAME AND
SURNAME. IF SHE IS THE INNOCENT SPOUSE, SHE MAY RESUME HER
ARTICLE 366. A NATURAL CHILD ACKNOWLEDGED BY BOTH PARENTS MAIDEN NAME AND SURNAME. HOWEVER, SHE MAY CHOOSE TO
SHALL PRINCIPALLY USE THE SURNAME OF THE FATHER. IF RECOGNIZED CONTINUE EMPLOYING HER FORMER HUSBAND'S SURNAME, UNLESS:
BY ONLY ONE OF THE PARENTS, A NATURAL CHILD SHALL EMPLOY THE 1) THE COURT DECREES OTHERWISE, OR
SURNAME OF THE RECOGNIZING PARENT. 2) SHE OR THE FORMER HUSBAND IS MARRIED AGAIN TO ANOTHER
PERSON.
ARTICLE 367. NATURAL CHILDREN BY LEGAL FICTION SHALL PRINCIPALLY

EMPLOY THE SURNAME OF THE FATHER. ARTICLE 372. WHEN LEGAL SEPARATION HAS BEEN GRANTED, THE WIFE
SHALL CONTINUE USING HER NAME AND SURNAME EMPLOYED BEFORE
THE LEGAL SEPARATION
ARTICLE 368. ILLEGITIMATE CHILDREN REFERRED TO IN ARTICLE 287 SHALL ARTICLE 374. IN CASE OF IDENTITY OF NAMES AND SURNAMES, THE
BEAR THE SURNAME OF THE MOTHER. YOUNGER PERSON SHALL BE OBLIGED TO USE SUCH ADDITIONAL NAME
• Illegitimate children shall use the surname & be under the parental authority OR SURNAME AS WILL AVOID CONFUSION.
of their mother & be entitled for support
ARTICLE 375. IN CASE OF IDENTITY OF NAMES AND SURNAMES BETWEEN

ARTICLE 369. CHILDREN CONCEIVED BEFORE THE DECREE ANNULLING A ASCENDANTS AND DESCENDANTS, THE WORD "JUNIOR" CAN BE USED
VOIDABLE MARRIAGE SHALL PRINCIPALLY USE THE SURNAME OF THE ONLY BY A SON. GRANDSONS AND OTHER DIRECT MALE DESCENDANTS
FATHER. SHALL EITHER:
1) ADD A MIDDLE NAME OR THE MOTHER'S SURNAME, OR
2) ADD THE ROMAN NUMERALS II, III, AND SO ON.
ARTICLE 370. A MARRIED WOMAN MAY USE:
1) HER MAIDEN FIRST NAME AND SURNAME AND ADD HER
HUSBAND'S SURNAME, OR
2) HER MAIDEN FIRST NAME AND HER HUSBAND'S SURNAME OR
ARTICLE 376. NO PERSON CAN CHANGE HIS NAME OR SURNAME ABSENCE
WITHOUT JUDICIAL AUTHORITY.
• RA 9048 as amended by RA 10172
o No entry in the civil register shall be changed or corrected without a ARTICLE 381. When a person disappears from his domicile, his
judicial order except for clerical or typographical errors & change of whereabouts being unknown, and without leaving an agent to
first name, day & month in date of birth or sex of a person where it is administer his property, the judge, at the instance of an interested
clear that there is typographical error party, a relative, or a friend, may appoint a person to represent him in
all that may be necessary.
ARTICLE 377. USURPATION OF A NAME AND SURNAME MAY BE THE This same rule shall be observed when under similar circumstances
SUBJECT OF AN ACTION FOR DAMAGES AND OTHER RELIEF. the power conferred by the absentee has expired.
ARTICLE 378. THE UNAUTHORIZED OR UNLAWFUL USE OF ANOTHER
PERSON'S SURNAME GIVES A RIGHT OF ACTION TO THE LATTER. ARTICLE 382. The appointment referred to in the preceding article
having been made, the judge shall take the necessary measures to
• Usurpation of name implies injury to the interests of the owner of the name safeguard the rights and interests of the absentee and shall specify the
• Elements of usurpation of name powers, obligations and remuneration of his representative, regulating
o An actual use of another’s name by the defendant
them, according to the circumstances, by the rules concerning
o Use is unauthorized
guardians.
o Use of another’s name is to designate personality or identity of a person
ARTICLE 383. In the appointment of a representative, the spouse

ARTICLE 379. THE EMPLOYMENT OF PEN NAMES OR STAGE NAMES IS
present shall be preferred when there is no legal separation.
PERMITTED, PROVIDED IT IS DONE IN GOOD FAITH AND THERE IS NO
INJURY TO THIRD PERSONS. PEN NAMES AND STAGE NAMES CANNOT BE
If the absentee left no spouse, or if the spouse present is a minor, any
USURPED.
competent person may be appointed by the court.
• Court appointment – appointment of representative of an absentee be made

ARTICLE 380. EXCEPT AS PROVIDED IN THE PRECEDING ARTICLE, NO
by way of a court order & must be noted that a spouse must likewise file an
PERSON SHALL USE DIFFERENT NAMES AND SURNAMES.
application for appointment with the courts with respect to properties
ARTICLE 384. Two years having elapsed without any news about the • Prohibition on alienation
absentee or since the receipt of the last news, and five years in case o Husband is likewise prohibited from alienating the properties of the
the absentee has left a person in charge of the administration of his wife without her consent
property, his absence may be declared o Article 111 of the FC provides that a spouse may mortgage, encumber,
alienate or otherwise dispose of the exclusive property, without the
consent of the other
o Article 112 of the FC provides that alienation of any exclusive property
ARTICLE 385. The following may ask for the declaration of absence:
of a spouse administered by the other automatically terminates the
1) The spouse present;
administration over such property
2) The heirs instituted in a will, who may present an authentic copy
§ Proceeds are to be turned over to the owner-spouse
of the same;
3) The relatives who may succeed by the law of intestacy;
ARTICLE 389. The administration shall cease in any of the following
4) Those who may have over the property of the absentee some
cases:
right subordinated to the condition of his death.
1) When the absentee appears personally or by means of an
• Judicial declaration of absence – necessary for interested persons to protect
agent;
their rights
2) When the death of the absentee is proved and his testate or
o Declaration can be a sufficient cause for an involuntary judicial
intestate heirs appear;
separation of property between spouses & a basis for termination
of the ACP or CPG 3) When a third person appears, showing by a proper document
that he has acquired the absentee's property by purchase or
other title.
ARTICLE 386. The judicial declaration of absence shall not take effect In these cases the administrator shall cease in the performance of his
until six months after its publication in a newspaper of general office, and the property shall be at the disposal of those who may have
circulation a right thereto.
• Appearance of Absentee – if owner appears, administrator’s appointment

ceases
ARTICLE 387. An administrator of the absentee's property shall be
• Death – upon death of the person, executor mentioned in the will shall
appointed in accordance with Article 383.
usually be appointed as administrator
o If the person dies without a will, intestate proceedings will be instituted
& an administrator shall be appointed
ARTICLE 388. The wife who is appointed as an administratrix of the
• Superior interest – administrator must act within its mandate & authority
husband's property cannot alienate or encumber the husband's
property, or that of the conjugal partnership, without judicial authority.
ARTICLE 390. After an absence of seven years, it being unknown o For remarriage – article 41 of FC: 4 consecutive yrs is enough to be
whether or not the absentee still lives, he shall be presumed dead for judicially declared dead
all purposes, except for those of succession. o For other reasons – 7yrs is needed for judicial declaration
o If disappearance is under dangerous circumstances – shortened to
The absentee shall not be presumed dead for the purpose of opening 4 yrs
his succession till after an absence of ten years. If he disappeared after • Missing person
o Article 391 does not apply if the person accidentally falls into the
the age of seventy-five years, an absence of five years shall be
sea while on board a vessel because the vessel was not lost during
sufficient in order that his succession may be opened.
the voyage
ARTICLE 391. The following shall be presumed dead for all purposes,
ARTICLE 393. Whoever claims a right pertaining to a person whose
including the division of the estate among the heirs:
existence is not recognized must prove that he was living at the time
1) A person on board a vessel lost during a sea voyage, or an
his existence was necessary in order to acquire said right.
airplane which is missing, who has not been heard of for four
years since the loss of the vessel or airplane;
2) A person in the armed forces who has taken part in war, and
ARTICLE 394. Without prejudice to the provision of the preceding
has been missing for four years;
article, upon the opening of a succession to which an absentee is
3) A person who has been in danger of death under other
called, his share shall accrue to his co-heirs, unless he has heirs,
circumstances and his existence has not been known for four
assigns, or a representative. They shall all, as the case may be, make
years.
an inventory of the property.
• Accretion – disposition of the inheritance of an absentee shall benefit either

ARTICLE 392. If the absentee appears, or without appearing his
the co-heirs or their own heirs, assigns or representatives.
existence is proved, he shall recover his property in the condition in
which it may be found, and the price of any property that may have
been alienated or the property acquired therewith; but he cannot
ARTICLE 395. The provisions of the preceding article are understood to
claim either fruits or rents
be without prejudice to the action of petition for inheritance or other
rights which are vested in the absentee, his representatives or
• Absence – presumption of death raised by the absence of the person from
successors in interest. These rights shall not be extinguished save by
the domicile when unheard of for 7yrs, death is presumed
lapse of time fixed for prescription. In the record that is made in the
• Period
Registry of the real estate which accrues to the coheirs, the
circumstance of its being subject to the provisions of this article shall Case Digests & Doctrines
be stated
• Claim
ARTICLE 40
o In the event that the property supposed to be inherited by the absentee
accrues to the co-heirs, the title or record of the said property in the
property registry of the property shall have an annotation stating that, Abunado v. People, G.R. No. 159218, 30 March 2004
within the prescriptive period, the property can be subject to the claim
of any person having interest in the said property especially the DOCTRINE:
absentee A marriage, even one which is void or voidable, shall be deemed valid until declared
otherwise in a judicial proceeding
ARTICLE 396. Those who may have entered upon the inheritance shall
FACTS:
appropriate the fruits received in good faith so long as the absentee
In 1967, Narcisa Arceño married Salvador Abunado. Later, Arceño left for Japan to
does not appear, or while his representatives or successors in interest
work there. She returned in 1992 but Abunado was nowhere to be found as he left
do not bring the proper actions. the family home. Arceño was able to locate Abunado but when she did, Abunado
was already cohabiting with somebody else. Further, Arceño also discovered that in
1989, Abunado married a certain Zenaida Biñas.
In January 1995, Abunado filed an annulment case against Arceño. In May 1995,
Arceño filed a bigamy case against Abunado. Both cases proceeded simultaneously
& independently in different courts.
In 1999, the marriage between Arceño & Abunado was annulled. In 2001, Abunado
was convicted by the trial court for bigamy.
Abunado now questions the judgment of conviction against him as he alleged that
the annulment case he filed against Arceño was a prejudicial question to the bigamy
case filed against him by Arceño. Hence, the proceedings in the bigamy case should
have been suspended during the pendency of the annulment case.
ISSUE:
a) Whether or not the resolution of the annulment case a requisite for the
bigamy case to prosper
b) Whether or not there is a prejudicial question
RULING: exchange of letters, they became sweethearts. In 1986, Lucia returned to the
a) No. Annulment has no bearing upon determination of petitioner’s innocence Philippines but left again for Canada to work there. While in Canada, they
or guilt in bigamy. The only requirement for bigamy to prosper is that the maintained constant communication. In 1990, Lucia came back to the Philippines &
first marriage be subsisting when the second marriage was contracted. proposed to petition appellant to join her in Canada. Both agreed to get married.
Lucia reported back to her work in Canada leaving appellant Lucio behind.
Even void & voidable marriages shall be deemed valid until declared
otherwise by the Court. Salvador’s marriages to Zenaida & Narcisa are both On August 19, 1991, Lucia filed with the Ontario Court a petition for divorce against
subsisting, which makes him guilty of bigamy. appellant which was granted by the court. Appellant Lucio Morigo married Maria
Jececha Lumbago at Tagbilaran City. Lucio filed a complaint for judicial declaration
A pardon by the offended party does not extinguish criminal action of nullity of marriage in the Regional Trial Court of Bohol. The complaint seeks
considering that a crime is committed against the state. Bigamy is a public among others, the declaration of nullity of Lucio’s marriage with Lucia, on the
offense which can be denounced by even a civic-spirited citizen who may ground that no marriage ceremony actually took place. Appellant was charged with
come to know of it. Bigamy in information filed by the City Prosecutor of Tagbilaran City, with the
Regional Trial Court of Bohol.
b) A prejudicial question has been defined as one based on a fact distinct &
separate from the crime but so intimately connected with it that it determines Lucio Morigo moved for suspension of the arraignment on the ground that the civil
the guilt or innocence of the accused, & for it to suspend the criminal action, case for judicial nullification of his marriage with Lucia posed a prejudicial question
it must appear not only that said case involves facts intimately related to in the bigamy case. His motion was granted, but subsequently denied upon motion
those upon which the criminal prosecution would be based but also that in for reconsideration by the prosecution. When arraigned in the bigamy case, Lucio
the resolution of the issue or issues raised in the civil case, the guilt or pleaded not guilty to the charge
innocence of the accused would necessarily be determined
ISSUE:
Whether or not Lucio Morigo committed bigamy even with his defense of good faith
Morigo v. People, G.R. No. 145226, 6 February 2004
RULING:
DOCTRINE: A judicial declaration of nullity of a previous marriage is necessary before a
A judicial declaration of absolute nullity of a marriage retroacts to the date of the subsequent one can be legally contracted. One who enters into a subsequent marriage
wedding celebration without first obtaining such judicial declaration is guilty of bigamy. This principle
applies even if the earlier union is characterized by statutes as "void."
FACTS:
Appellant Lucio Morigo & Lucia Barrete were boardmates at the house of Catalina In the instant case, however, no marriage ceremony at all was performed by a duly
Tortor at Tagbilaran City, for a period of four years. After school year, Lucio Morigo authorized solemnizing officer. Lucio Morigo & Lucia Barrete merely signed a
& Lucia Barrete lost contact with each other. In 1984, Lucio Morigo was surprised marriage contract on their own. The mere private act of signing a marriage contract
to receive a card from Lucia Barrete from Singapore. The former replied & after an bears no semblance to a valid marriage & thus, needs no judicial declaration of
nullity. Such act alone, without more, cannot be deemed to constitute an ostensibly Respondent judge ruled against the presentation of evidence because the existence
valid marriage for which Lucio might be held liable for bigamy unless he first secures of force exerted on both parties of the first marriage had already been agreed upon.
a judicial declaration of nullity before he contracts a subsequent marriage.
Lilia assailed the Order dated March 17, 1980 in which the parties were compelled
The law abhors an injustice & the Court is mandated to liberally construe a penal to submit the case for resolution based on “agreed facts;” & the Order dated April
statute in favor of an accused & weigh every circumstance in favor of the 14, 1980, denying petitioner’s motion to allow her to present evidence in her favor.
presumption of innocence to ensure that justice is done. Under the circumstances of
the present case, Supreme Court held that petitioner has not committed bigamy & ISSUE:
that it need not tarry on the issue of the validity of his defense of good faith or lack Whether the presentation of evidence should be allowed to prove that Lilia’s
of criminal intent, which is now moot & academic. marriage with Eduardo was vitiated by force.
RULING:
Weigel v. Sempio-Dy, 143 SCRA 449 No. The petition was dismissed for lack of merit.
DOCTRINE: There is no need for Lilia to prove that her first marriage was vitiated by force
A marriage though void still needs a judicial declarationof such fact & for all legal because assuming this to be so, said marriage will not be void but merely voidable
intents & purposes she would still be regarded as a married woman [until she obtains (Art. 85, Civil Code), & therefore valid until annulled.
such judicial declaration of absolute nullity of marriage].
Since no annulment has yet been made, it is clear that when she married Karl, she
FACTS: was still validly married to Eduardo, her first husband; consequently, her marriage
Karl Heinz Weigel asked for the declaration of Nullity of his marriage celebrated on to Karl is VOID (Art. 80, Civil Code)
July, 1978 with herein petitioner Lilia Oliva Weigel on the g round that Lilia has
previous existing marriage to one Eduardo A. Maxion performed on June 25, 1972 There is likewise no need of introducing evidence about the existing prior marriage
of Eduardo at the time they married each other, for then such a marriage though void
Lilia admitted the existence of said prior subsisting marriage claimed that said still needs a judicial declaration of such fact; & for all legal intents & purposes she
marriage was null & void. She asked the respondent court for an opportunity to would still be regarded as a married woman at the time she contracted her marriage
present evidence that: with respondent Karl; accordingly, the marriage of Lilia & Karl would be regarded
• The first marriage was vitiated by force exercised upon both her & the first VOID under the law.
husband; &
• The first husband was at the time of the marriage in 1972 already married
to someone else.
Valdes v. RTC (260 SCRA 221) arguendo that Article 147 applies to marriages declared void ab initio on the ground
of the psychological incapacity of a spouse, the same may be read consistently with
DOCTRINE: Article 129.
In a void marriage, regardless of the cause thereof, the property relations of the
parties during the period of cohabitation is governed by the provisions of Article 147 ISSUE:
or Article 148, such as the case may be, of the Family Code. Whether Art 147 FC is the correct law governing the disposition of property in the
case at bar.
FACTS:
Antonio Valdez & Consuelo Gomez were married in 1971. They begot 5 children. RULING:
In 1992, Valdez filed a petition for declaration of nullity of their marriage on the Yes. In a void marriage, regardless of the cause thereof, the property relations of the
ground of psychological incapacity. The trial court granted the petition, thereby parties during the period of cohabitation is governed by the provisions of Article 147
declaring their marriage null & void. It also directed the parties to start proceedings or Article 148, such as the case may be, of the Family Code.
on the liquidation of their common properties as defined by Article 147 of the Family
Code, & to comply with the provisions of Articles 50, 51 & 52 of the same code. Article 147 applies when a man & a woman, suffering no illegal impediment to marry
each other, so exclusively live together as husband & wife under a void marriage or
Gomez sought a clarification of that portion in the decision. She asserted that the without the benefit of marriage. Under this property regime, property acquired by
Family Code contained no provisions on the procedure for the liquidation of common both spouses through their work & industry shall be governed by the rules on equal
property in "unions without marriage. co-ownership.
In an Order, the trial court made the following clarification: "Consequently, Any property acquired during the union is prima facie presumed to have been
considering that Article 147 of the Family Code explicitly provides that the property obtained through their joint efforts. A party who did not participate in the acquisition
acquired by both parties during their union, in the absence of proof to the contrary, of the property shall be considered as having contributed thereto jointly if said party's
are presumed to have been obtained through the joint efforts of the parties & will be "efforts consisted in the care & maintenance of the family household." Unlike the
owned by them in equal shares, plaintiff & defendant will own their 'family home' & conjugal partnership of gains, the fruits of the couple's separate property are not
all their other properties for that matter in equal shares. In the liquidation & partition included in the co-ownership.
of the properties owned in common by the plaintiff & defendant, the provisions on
coownership found in the Civil Code shall apply." When the common-law spouses suffer from a legal impediment to marry or when
they do not live exclusively with each other (as husband & wife), only the property
Valdes moved for reconsideration of the Order which was denied. Valdes appealed, acquired by both of them through their actual joint contribution of money, property
arguing that: (1) Article 147 of the Family Code does not apply to cases where the or industry shall be owned in common & in proportion to their respective
parties are psychological incapacitated; (2) Articles 50, 51 & 52 in relation to contributions. Such contributions & corresponding shares, however, are prima facie
Articles 102 & 129 of the Family Code govern the disposition of the family dwelling presumed to be equal. The share of any party who is married to another shall accrue
in cases where a marriage is declared void ab initio, including a marriage declared to the absolute community or conjugal partnership, as the case may be, if so existing
void by reason of the psychological incapacity of the spouses; (3) Assuming under a valid marriage. If the party who has acted in bad faith is not validly married
to another, his or her share shall be forfeited in the manner already heretofore This was put into possibility because the accused was then a traveling sales man.
expressed. When Maria Gorrea died, & seeing that the coast was dear in Cebu, Aragon brought
Faicol to Cebu from Iloilo, where she became a teacher-nurse. Maria Faicol however,
In deciding to take further cognizance of the issue on the settlement of the parties' suffered injuries to her eyes because of physical maltreatment brought to her by
common property, the trial court acted neither imprudently nor precipitately; a court Aragon. Due to the injuries she was sent to Iloilo to undergo treatment, in her absence
which has jurisdiction to declare the marriage a nullity must be deemed likewise the accused contracted a third marriage with a certain Jesusa C. Maglasang.
clothed in authority to resolve incidental & consequential matters. Nor did it commit
a reversible error in ruling that petitioner & private respondent own the "family He then categorically denied in the court his marriage to Maria Faicol but affirmed
home" & all their common property in equal shares, as well as in concluding that, in his marriage to Maglasang.
the liquidation & partition of the property owned in common by them, the provisions
on coownership under the Civil Code, not Articles 50, 51 & 52, in relation to Articles The Court of First Instance of Cebu held that even in the absence of an express
102 & 129, 12 of the Family Code, should aptly prevail. The rules set up to govern provision in Act No. 3613 authorizing the filing of an action for judicial declaration
the liquidation of either the absolute community or the conjugal partnership of gains, of nullity of a marriage void ab initio, defendant could not legally contract marriage
the property regimes recognized for valid & voidable marriages (in the latter case with Jesusa C. Maglasang without the dissolution of his marriage to Maria Faicol,
until the contract is annulled), are irrelevant to the liquidation of the co-ownership either by the death of the latter or by the judicial declaration of the nullity of such
that exists between common-law spouses. marriage, at the instance of the latter.
The first paragraph of Articles 50 of the Family Code, applying paragraphs (2), (3), ISSUE:
(4) & 95) of Article 43, 13 relates only, by its explicit terms, to voidable marriages Whether or not accused is guilty of bigamy
&, exceptionally, to void marriages under Article 40 14 of the Code, i.e., the
declaration of nullity of a subsequent marriage contracted by a spouse of a prior void RULING:
marriage before the latter is judicially declared void The statutory provision (section 29 of the Marriage Law or Act No. 3613) plainly
makes a subsequent marriage contracted by any person during the lifetime of his first
spouse illegal & void from its performance, & no judicial decree is necessary to
People v. Aragon (100 Phil 1033) establish its invalidity, as distinguished from mere annullable marriages.
FACTS: It is to be noted that the action was instituted upon complaint of the second wife,
Herein accused under the name Proceso Rosima contracted a marriage to one Maria whose marriage with the appellant was not renewed after the death of the first wife
Gorrea in the Philippine Independent Church in Cebu while he is still married to & before the third marriage was entered into. Hence, marriage with Maglasang was
Maria Gorrea. Yet again, the accused now under the name of Proceso Aragon a valid one & appellant’s prosecution for contracting this marriage cannot prosper.
contracted another a canonical marriage with Maria Faicol.
For the foregoing considerations, the judgment appealed from is hereby reversed &
the defendant-appellant acquitted, with costs de oficio, without prejudice to his
prosecution for having contracted the second bigamous marriage.
ARTICLE 41 On cross-examination, respondent stated that he had lived with & later married Janet
Monica Parker despite his lack of knowledge as to her family background. He
Republic v. Nolasco (220 SCRA 20) insisted that his wife continued to refuse to give him such information even after they
were married. He also testified that he did not report the matter of Janet Monica’s
DOCTRINE: disappearance to the Philippine government authorities.
A person searching for his missing spouse must do so w/ such diligence as to give
rise to a “well-founded belief” that his spouse is dead. The trial court granted Nolasco’s petition in a Judgment dated 12 October 1988.
FACTS: The Republic of the Philippines opposed the petition through the Provincial
On 5 August 1988, respondent Gregorio Nolasco filed before the Regional Trial Prosecutor of Antique who had been deputized to assist the Solicitor-General in the
Court of Antique, Branch 10, a petition for the declaration of presumptive death of instant case. The Republic argued, first, that Nolasco did not possess a “well-founded
his wife Janet Monica Parker, invoking Article 41 of the Family Code. The petition belief that the absent spouse was already dead,” 2 & second, Nolasco’s attempt to
prayed that respondent’s wife be declared presumptively dead or, in the alternative, have his marriage annulled in the same proceeding was a “cunning attempt” to
that the marriage be declared null & void. circumvent the law on marriage.
Respondent Nolasco testified that he was a seaman & that he had first met Janet ISSUE:
Monica Parker, a in a bar in England. Whether or not Nolasco has a well-founded belief that his wife is already dead.
On 15 January 1982, respondent married Janet Monica Parker in San Jose, Antique. RULING:
In fine, respondent failed to establish that he had the well-founded belief required by
After the marriage celebration, he obtained another employment contract as a seaman law that his absent wife was already dead that would sustain the issuance of a court
& left his wife with his parents in San Jose, Antique. Sometime in January 1983, order declaring Janet Monica Parker presumptively dead. Inquiring from friends
while working overseas, respondent received a letter from his mother informing him instead of reporting to the proper authorities among the other superficial testimonies
that Janet Monica had given birth to his son. The same letter informed him that Janet given by the respondent does not constitute a diligent search
Monica had left Antique.
The Decision of the Court of Appeals affirming the trial court’s decision declaring
His efforts to look for her himself whenever his ship docked in England proved that Parker’s presumptive death is reversed, both decisions were nullified & set aside
fruitless. He also stated that all the letters he had sent to his missing spouse at No. 38 with costs against the respondent
Ravena Road, Allerton, Liverpool, England, the address of the bar where he & Janet
Monica first met, were all returned to him. He also claimed that he inquired from There are four (4) requisites for the declaration of presumptive death under Article
among friends but they too had no news of Janet Monica. 41 of the Family Code: (1) That the absent spouse has been missing for four
consecutive years, or two consecutive years if the disappearance occurred where
there is danger of death under the circumstances laid down in Article 391, Civil
Code; (2)That the present spouse wishes to remarry; (3)That the present spouse has
a well-founded belief that the absentee is dead; & (4) That the present spouse files a be living, that each former spouse is generally reputed to be dead & the spouse
summary proceeding for the declaration of presumptive death of the absentee. present so believes at the time of the celebration of the marriage.
Lukban v. Republic (L-8492, 29 February 1956) Armas v. Calisterio, G.R. No. 136467, 6 April 2000)
DOCTRINE: DOCTRINE:
Presumption of Death Under the FC, in order that a subsequent bigamous marriage may exceptionally be
considered valid, the following conditions must concur: (a) the prior spouse of the
FACTS: contracting party must have been absent for 4 consecutive yrs., or 2 yrs where there
Lourdes G. Lukban, Petitioner herein, contracted marriage with Francisco Chuidian is danger of death under the circumstances stated in Art. 3911 of the CC at the time
on December 10, 1933 at the Paco Catholic Church, Manila. On December 27, of the of disappearance; (b) the spouse present has a well-founded belief that the absent
same year, Francisco left Lourdes after a violent quarrel & since then he has not been spouse is already dead; & (c) there is, unlike the old rule, a judicial declaration of
heard from despite diligent search made by her. She also inquired about him from presumptive death of the absentee for w/c purpose the spouse present can institute a
his parents & friends but no one was able to indicate his whereabouts. She has no summary proceeding in court to ask for that declaration.
knowledge if he is still alive, his last known address being Calle Merced, Paco,
Manila. She believes that he is already dead because he had been absent for more FACTS:
than twenty years, & because she intends to marry again, she desires that her civil Teodorico Calistero died intestate, leaving several parcels of land. He was survived
status be defined in order that she may be relieved of any liability under the law. by his wife, Marietta. Teodorico was the second husband of Marietta who was
previously married to William Bounds in January 1946. The latter disappeared
ISSUE: without a trace in February 1947. 11 years later from the disappearance of Bounds,
Whether Lukban needs to secure declaration of presumptive death before she can Marietta & Teodorico got married without Marietta securing a court declaration of
remarry. Bounds’ presumptive death.
RULING: Antonia Armas, surviving sister of Teodorico filed a petition claiming to be the sole
The court ruled that Lukban does not need to secure declaration of presumptive death surviving heir of the latter & that the marriage between Marietta & her brother, being
of her husband because Civil Code prevails during their marriage in 1933. It provides allegedly bigamous is by itself null & void. She prayed that her son be appointed as
that “for the purposes of the civil marriage law, it is not necessary to have the former administrator of the estate of the decedent & inheritance be adjudicated to her.
spouse judicially declared an absentee. The declaration of absence made in
accordance with the provisions of the Civil Code has for its sole purpose to enable ISSUE:
the taking of the necessary precautions for the administration of the estate of the Whether or not Marietta & Teodorico’s marriage was void due to the absence of the
absentee. For the celebration of civil marriage, however, the law only requires that declaration of presumptive death
the former spouse has been absent for seven consecutive years at the time of the
second marriage, that the spouse present does not know his or her former spouse to
RULING: The dispositive portion thereof that the children of petitioner are likewise entitled,
The law in force at that time was the Civil Code: Art. 83 which states that: along with her, to the other half of the inheritance the other one-half share of the
decedent’s estate pertains solely to petitioner to the exclusion of her own children.
Any marriage subsequently contracted by any person during the lifetime of the first
spouse of such person with any person other than such first spouse shall be illegal &
void from its performance, unless: ARTICLE 45-46
• The first marriage was annulled or dissolved; or
• The first spouse had been absent for 7 consecutive years at the time of the Anaya v. Palaroan (36 SCRA 97)
second marriage without the spouse present having news of the absentee
being alive; or DOCTRINE:
• If the absentee, though he has been absent for less than seven years, is Fraud as a vice of consent in marriage, is limited exclusively by law to those kinds
generally considered as dead & believed to be so by the spouse present at or species of fraud enumerated in Art. 46. Non-disclosure of a husband’s premarital
the time of contracting such subsequent marriage, or if the absentee is relationship w/ another woman is not one of the enumerated circumstances that
presumed dead according to articles 390 & 391. would constitute a ground for annulment
The marriage so contracted shall be valid in any of the three cases until declared null FACTS:
& void by a competent court.” Aurora & defendant Fernando were married on 4 December 1953. Defendant
Fernando filed an action for annulment of the marriage on 7 January 1954 on the
It remained undisputed that Marietta’s first husband, James William Bounds, had ground that his consent was obtained through force & intimidation.
been absent for more than 11 years before she entered into a second marriage. This
second marriage, under the Civil Code, should thus be deemed valid notwithstanding Judgment was rendered dismissing Fernando’s petition, upholding the validity of the
the absence of a judicial declaration of presumptive death of James Bounds. A marriage & granting Aurora’s counterclaim. Accordingly Fernando had pre-marital
judicial declaration of absence of the absentee spouse is not necessary as long as the relationship with a close relative of his prior to their marriage. The non-divulgement
prescribed period of absence is met. to her of the pre-marital secret constituted ‘FRAUD’, in obtaining her consent.
Aurora further alleged that Fernando sought to marry her so he could evade marrying
The conjugal property of Teodorico & Marietta, without other evidence having been the close relative & he intended from the beginning not to perform the marital duties
adduced to indicate another property regime between the spouses, pertains to them & obligations in order to appease the immediate members of the family of the first
in common. Upon its dissolution with the death of Teodorico, the property should girl.
rightly be divided in two equal portions. One portion going to the surviving spouse
& the other portion to the estate of the deceased spouse. Fernando in his answer, denied the allegation of having had pre-marital relationship
with a close relative, thus having committed no fraud against her. He courted a third
girl with whom he cohabited & had several children during the whole range of nine
years that the Civil Case had been litigated between them.
ISSUE: • 23 Feb. 1939 – 89 days after marriage, Luida gives birth to a son
Whether or not the non-disclosure to a wife by her husband of his pre-marital o Godofredo promptly left Luida & never returned to a married life
relationship with another woman is a ground for annulment of marriage with her
• 20 March 1939 – Godofredo initiated a case in Baguio CFI, praying that the
RULING: marriage be annulled on grounds that there had been fraud [that Luida had
No. Non-disclosure of a husband's pre-marital relationship with another woman is claimed that she was a virgin]
not one of the enumerated circumstances that would constitute a ground for o Although duly summoned by the trial court, Luida failed to appear;
annulment; & it is further excluded by the last paragraph of the article, providing that Godofredo was allowed to present his proof – but the court decided
"no other misrepresentation or deceit as to ... chastity" shall give ground for an action in favor of Luida anyway.
to annul a marriage.
ISSUE:
While a woman may detest such non-disclosure of premarital lewdness or feel having Whether or not the marriage between Godofredo & Luida be annulled on the ground
been thereby cheated into giving her consent to the marriage, nevertheless the law that there had been fraud (concealment of pregnancy) at the time of marriage
does not assuage her grief after her consent was solemnly given, for upon marriage
she entered into an institution in which society, & not herself alone, is interested. RULING:
The lawmaker's intent being plain, the Court's duty is to give effect to the same, No. Clear & authentic proof of fraud was not established.
whether it agrees with the rule or not.
Assertion of Godofredo that he had not even suspected Luida’s pregnancy, highly
unlikely:
Buccat v. Buccat (72 Phil. 19) • Luida was in an advanced state of pregnancy at the time they were married
(late into 2nd trimester/early into 3rd)
DOCTRINE: • Godofredo’s contention (not rare to find persons with developed abdomens)
A woman cannot be said to have concealed her pregnancy w/ a man other than her – foolish, especially considering that Godofredo was a first year law student
husband when she was, before the celebration of the marriage, already7 mos. • “Marriage is a most sacred institution. It is the foundation upon which
pregnant & her pregnancy is readily apparent & obvious. It is the concealment & not society rests. To nullify it would need clear & authentic proof. In this case
mere pregnancy that is the thrust of fraud. no such proof exists.”
FACTS:
• March 1938 – Godofredo & Luida meet Aquino v. Delizo (109 Phil. 21)
• 19 Sept. 1938 – The two become engaged
• 26 Nov. 1938 – The two get married, Catholic cathedral of Baguio City DOCTRINE:
o Godofredo claims that he agreed to the marriage promise based on Pregnancy is not readily apparent on its 4th month, especially if the woman is
Luida’s assurance that she was a virgin “naturally plump” or fat, hence such a woman cannot rely on the Buccat ruling.] It
is only on the 6th month of pregnancy that the enlargement of the woman’s abdomen RULING:
reaches a height above the umbilicus, making the roundness of the abdomen more Yes. Concealment of pregnancy at the time of marriage constitutes fraud as ground
general & apparent for annulment. The evidences presented: Affidavit of Cesar Aquino who admitted as
the father of the defendant’s first born & the plaintiff’s brother, Affidavit of the
FACTS: defendant who admitted the concealment of her pregnancy from the plaintiff & the
This is a petition for certiorari to review a decision of the Court of Appeals affirming birth certificate of the child were found to be sufficient to constitute fraud alleged by
the dismissed complaint for annulment of Fernando Aquino’s marriage with the plaintiff. A new trial was ordered, the decision was set aside & the case remanded
respondent Conchita Delizo. Complaint which was filed on September 6, 1955, was to trial court for hearing of evidence.
based on the ground of fraud.
Conchita Delizo, concealed the fact that she was pregnant by another man. Sometime Menciano v. San Jose (89 Phil. 63)
in April, 1955, or about four months after their marriage, she gave birth to a child.
She claimed that the child was conceived out of lawful wedlock between her & the FACTS:
plaintiff. Matilde Menciano, in her & her children’s behalf, filed a motion for declaration of
heirs, alleging that she is the widow of the deceased Faustino Neri San Jose, to whom
On June 16, 1956, the trial court noting that no birth certificate was presented to she was married on September 28, 1944 before Rev. Father Isaias Edralin, S.J.; that
show that the child was born within 180 days after the marriage between the parties, they lived together before the said marriage, hence, Carlo Magno Neri was born on
& holding that concealment of pregnancy as alleged by the plaintiff does not March 9, 1940, the child having enjoyed the status of a recognized natural child; that
constitute such fraud as would annul a marriage dismissed the complaint. their second child Faustino Neri, Jr., was born on April 25, 1945 & was legitimized
by the subsequent matrimony of his parents, thus he is a legitimate child in lawful
Fernando appealed the case with the following information: wedlock.
• At the time he courted Conchita she was living with his own brother Cesar
Aquino who admitted that he was the father of Conchita’s first-born. Cesar On the other h&, on an amended answer, Paz Neri San Jose (the executrix of the
& Conchita hid her pregnancy from Fernando. deceased) & Rodolfo Pelaez (designated universal heir in the will of the deceased
• Conchita is presently living with Cesar & had 2 more children; he submitted dated December 19, 1940), denied the substantial allegations of Menciano’s motion
the birth certificates for declaration of heirs & further alleged that the deceased was suffering from senile
dementia from 1943 which became worse a year later; that the marriage between
Stating that it “does not believe the veracity of the contents of the motion & its Menciano & the deceased was in violation of the legal provisions & requisites
annexes”, the Court of Appeals, on August 6, 1959, denied the motion. because of the latter’s age, sickness, & bombardment; that Menciano took advantage
of the Deceased’s condition, forced the latter to marry her by means of deceit &
ISSUE: threat; & that the deceased was congenitally sterile & impotent. Moreover, the
Whether the annulment of the marriage between parties can persist on the ground of defendants also filed a counterclaim for the sum of Php 286,000 in cash, for jewels
fraud. & certain properties which, as presumed, were retained & illegally disposed of by
Matilde Menciano.
ISSUE: Carlo Magno Neri has not been acknowledged as a natural child &,
a) Was the marriage between the deceased Faustino Neri San Jose & Matilde consequently, cannot be legitimized by the subsequent marriage of his
Menciano valid? parents.
b) Are the children Faustino Neri, Jr. & Carlo Magno Neri the legitimate
children of the deceased Faustino Neri San Jose & Matilde Menciano? c) No. After a careful & exhaustive review of evidence, the trial court correctly
c) Did Matilde Menciano have in her possession & illegally disposed of the reached the conclusion that such allegation has not been substantiated. The
cash, jewels, & certain propertiesaforementioned? testimonies of mother & son- Paz Neri San Jose & Rodolfo Pelaez regarding
the sum of money are contradictory. Moreover, Clotilde Galarrita de
RULING: Labitad’s testimony is unbelievable. With regard to the jewels, no
a) Yes. The marriage between the two is evidenced by: the 2 applications for satisfactory evidence was presented to prove that Menciano misappropriated
a marriage license, dated September 28, 1944, the first one, signed by the them.
deceased to marry Menciano & the other one, signed by Menciano to marry
the deceased; the certificate for immediate issuance of marriage license
applied for, signed by the Acting Local Civil Registrar & the deceased & Jimenez v. Canizares (L-12790, 31 August 1960)
Menciano; the marriage contract signed by the deceased & Menciano as
contracting parties, Rev. Isaias Edralin as solemnizing officer, & the DOCTRINE:
witnesses L. B. Castaños & Samson Pañgan. The 4 documents are official Impotency cannot be presumed
& public; there validity can be successfully assailed only by strong, clear,
& convincing oral testimony. In this case, the oral evidence presented by the FACTS:
defendants is not convincing so as to declare the said marriage invalid. A Joel Jimenez filed a petition for a decree annulling his marriage to the defendant
mere glance at the signatures of the deceased in the aforesaid documents Remedios Cañizares contracted on 3 August 1950 upon the ground that the condition
will convince anyone that they could not have been written by a man who is of her genitals is incapable of copulation & it existed at the time of marriage &
almost unconscious & physically & intellectually incapacitated, as the continues to exist. For that reason he left the conjugal home two nights & one day
defendants’ witnesses represent him to have been. Also, the tests pertaining after they had been married.
to testamentary capacity were applied to show the capacity to contract
marriage of the deceased. Although the said doctrine relates to testamentary On 14 June 1955 the wife was summoned & served a copy of the complaint. She did
capacity, there is no reason why is should not be applied to the capacity to not file an answer so the court directed the city attorney of Zamboanga to inquire
contract marriage, which requires the same mental condition. Thus, the court whether there was collusion.
did not err in declaring valid the marriage of the deceased & Menciano.
On 17 December 1956 the Court entered an order requiring the defendant to submit
b) Yes. Faustino Neri, Jr. is a legitimate child of the deceased & Menciano. to a physical exam to determine her physical capacity for copulation & to submit, in
The requisite for potency being met, the necessary conclusion is that the ten days a medical certificate on the result which she did not comply with. The Court
child Faustino Neri, Jr., is conclusively presumed to be the legitimate son of entered a decree annulling the marriage which prompted the city attorney to file a
the deceased with Menciano in lawful wedlock. No. The court declared that
motion for reconsideration upon the ground that the defendant’s impotency has not ARTICLE 48-49
been satisfactorily established as required by law; because the wife refused to be
examined. Sin v. Sin (G.R. No. 137590, 26 March 2001)
Instead of annulling the marriage the Court should have punished her for contempt DOCTRINE:
of court & compelled her to undergo a physical examination & submit a medical The task of protecting marriage as an inviolable social institution requires vigilant &
certificate. The decree sought to be reconsidered would open the door to married zealous participation & not mere pre-forma compliance
couples, who want to end their marriage to collude or connive with each other by
just alleging impotency of one of them. FACTS:
On January 4, 1987, after a two-year courtship & engagement, Florence &
ISSUE: respondent Philipp T. Sin (hereafter “Philipp”), a Portugese citizen, were married at
Whether or not Remedios’ impotency has been established. St. Jude Catholic Parish in San Miguel, Manila.
RULING: On September 20, 1994, Florence filed with the Regional Trial Court, Branch 158,
In the case at bar, the annulment of the marriage in question was decreed upon the Pasig City, a complaint for “declaration of nullity of marriage” against Philipp. Trial
sole testimony of Joel who was expected to give testimony tending or aiming at ensued & the parties presented their respective documentary & testimonial evidence.
securing the annulment of his marriage he sought & seeks. Whether Remedios is
really impotent cannot be deemed to have been satisfactorily established, because On June 16, 1995, the trial court dismissed Florence’s petition. The appeal was also
from the commencement of the proceedings until the entry of the decree she had dismissed by the Court of Appeals.
abstained from taking part therein. Although her refusal to be examined or failure to
appear in court show indifference on her part, yet from such attitude the presumption The Supreme Court, however, noted that throughout the trial in the lower court, the
arising out of the suppression of evidence could not arise or be inferred, because State did not participate in the proceedings.
women of this country are by nature coy, bashful & shy & would not submit to a
physical examination unless compelled to by competent authority. Impotency being ISSUES:
an abnormal condition should not be presumed. The presumption is in favor of Whether or not psychological capacity was adequately proven
potency. The lone testimony of Joel that his wife is physically incapable of sexual
intercourse is insufficient to tear asunder the ties that have bound them together as RULING:
husband & wife We note that throughout the trial in the lower court, the State did not participate in
the proceedings. After filing a manifestation in the trial court that he found on
collusion between the parties, the Fiscal did not actively participate therein & neither
did the presiding judge take any step to encourage him to contribute to the
proceedings.
Citing Article 48 of the Civil Code, the Supreme Court held that the lack of enables the other party to procure evidence necessary to prove it. & proof that the
participation of the State was not cured by the fact that the evil sought to be prevented [guilty party] desires the divorce & makes no defense, is not by itself collusion.
did not come about when the lower court dismissed the petition. The task of
protecting marriage as an inviolable social institution requires vigilant & zealous FACTS:
participation & not mere pro-forma compliance. The protection of marriage as a Jose de Ocampo (Petitioner) & Serafina Florenciano (Respondent) got married on
sacred institution requires not just the defense of a true & genuine union April 5, 1938 & as a result of such union, they begot several children. Sometime in
but the exposure of an invalid one as well. March 1951, Ocampo discovered that his wife was maintaining illicit relations with
Jose Arcalas. He sent his wife to Manila to study beauty culture. Again, Ocampo
In Republic of the Philippines vs. Erlinda Matias Dagdag, while we upheld the discovered that aside from Jose Arcalas, Serafina was going out with several other
validity of the marriage, we nevertheless characterized the decision of the trial court men. Serafina left Ocampo after she finished her study & since then the two lived
as “prematurely rendered” since the investigating prosecutor was not given an separately.
opportunity to present controverting evidence before the judgment was rendered.
This stresses the importance of the participation of the State. After Ocampo caught his wife in the act of having illicit relations with Nelsom
Orzame on June 18, 1955, he signified his intention of filing a petition for legal
Having so ruled, we decline to rule on the factual disputes of the case, this being separation. Serafina conformed to his intention provided that she will not be charged
within the province of the trial court upon proper re-trial. with adultery in a criminal action.
Ocampo filed a petition for legal separation but the Court of First Instance of Nueva
ARTICLE 55-66 Ecija dismissed it holding there was confession of judgment, plus condonation or
consent to the adultery & prescription which was AFFIRMED by the Court of
Ocampo v. Florenciano (107 Phil. 35) Appeals.
DOCTRINE: CA’s decision:

Collusion in divorce or legal separation means the agreement b/w the husband & With regard to the defendant’s adultery with Jose Arcalas, the husband’s right
wife for one of them to commit, or to appear to commit, or to be represented in court to legal separation had prescribed because his action was not filed within one
as having committed, a matrimonial offense, or to suppress evidence of a valid year from March 1951 when plaintiff discovered her infidelity (art.102,NCC).
defense, for the purpose of enabling the other to obtain a divorce. The agreement, if
not express, may be implied from the acts of the parties. There would be collusion if As to the adultery with Nelson Orzame, after discovery of such, the husband
the parties had arranged to make it appear that a matrimonial offense had been expressed his wish to file a petition for legal separation which the defendant
committed although it was not, or if the parties had connived to bring about a legal had readily agreed to. Before the fiscal, the defendant even reiterated her
separation (or annulment) even in the absence of ground therefor. Collusion may not conformity to the legal separation & admitted having sexual relations with
be inferred from the mere fact that the guilty party confesses to the offense & thus Nelson Orzame. The Appellate Court had interpreted such facts as a
confession of judgment under Art.101 & thus, legal separation could not be
decreed.
ISSUES: In connection to this, collusion may not be inferred from the mere fact that the guilty
Whether or not a decree for legal separation be granted. party confesses to the offense & thus enables the other party to procure evidence
necessary to prove it (Williams vs. Williams, Rosenweig vs. Rosenweig). And proof
RULING: that defendant desires the divorce & makes no defense, it not by itself collusion
Yes. As the Court understand the article, it does not exclude, as evidence, any (Pohlman vs. Pohlman).
admission or confession made by the defendant outside of the court. It merely
prohibits a decree of separation upon a confession of judgment. Confession of The plaintiff’s failure to actively search for the defendant & take her home (after the
judgment usually happens when the defendant appears in court & confesses the right latter left him in 1952) does not constitute condonation or consent to her adulterous
of plaintiff to judgment or files a pleading expressly agreeing to the plaintiff’s relations with Orzame. It was not his duty to search for her to bring her home. Hers
demand. was the obligation to return.
Supposing the statement of defendant constitutes a confession of judgment, Finding no obstacles to the aggrieved husband’s petition, the Supreme Court hereby
inasmuch as there is evidence of the adultery independent of such statement, the REVERSED the decision being appealed & decree a legal separation between the
decree may & should be granted, since it would not be based on her confession, but spouses. Cost against Serafina Florenciano.
upon evidence presented by the plaintiff. What the law prohibits is a judgment based
exclusively or mainly on defendant’s confession. If a confession defeats the action
ipso facto, any defendant who opposes the separation will immediately confess Lapuz v. Eufemio (43 SCRA 177)
judgment for the purpose of preventing it.
DOCTRINE:
The fact that the defendant “like also” to be legally separated from her husband, is An action for leg. sep. w/c involves nothing more than the bed-&-board separation
not an obstacle to the successful prosecution of the action. When the court is of the spouses (there being no absolute divorce in this jurisdiction) is purely personal.
informed that defendant equally desires the separation & admitted the commission The CC of the Phils. recognizes this in its Art. 100, by allowing only the innocent
of the offense, it should be doubly careful lest a collusion exists. However, the Court spouse (& no one else) to claim leg. sep.; & in its Art. 108, by providing that the
of Appeals did not find collusion. spouses can, by their reconciliation, stop or abate the proceedings & even rescind a
decree of leg. sep. already rendered. Being personal in character, it follows that the
There would be collusion if the parties had arranged by making it appear that a death of one party to the action causes the death of the action itself — actio
matrimonial offense had been committed although it was not, or if the parties had personalis moritur cum persona.
connived to bring about a legal separation even in the absence of grounds therefor.
FACTS:
According to the evidence presented in the instant case, the offense of adultery had Carmen O. Lapuz Sy filed a petition for legal separation against Eufemio S. Eufemio
really took place. The defendant could not have falsely told the adulterous acts to the & he should be deprived of his share of the conjugal partnership profits. They were
Fiscal, because her story might send her to jail the moment her husband request the married civilly on 21 September 1934 & canonically on 30 September 1934. They
Fiscal to prosecute. She could not have practiced deception at such a personal risk. lived together as husband until 1943 when her husband abandoned her. They had no
child; that they acquired properties during their marriage; & that she discovered her As to the petition of Eufemio for a declaration of nullity of his marriage to Carmen
husband cohabiting with a Chinese woman named Go Hiok on or about March 1949. Lapuz, such action became moot & academic upon the death of the latter, & there
could be no further interest in continuing the same after her demise, that
Eufemio S. Eufemio alleged affirmative & special defenses, &, along with several automatically dissolved the questioned union.
other claims involving money & other properties, counter-claimed for the declaration
of nullity ab initio of his marriage with Carmen O. Lapuz Sy, on the ground of his
prior & subsisting marriage, celebrated according to Chinese law & customs, with Gandionco v. Penaranda (G.R. No. L-72984, 27 November 1987)
one Go Hiok, alias Ngo Hiok
DOCTRINE:
Before the trial could be completed, petitioner Carmen O. Lapuz Sy died in a A decree of legal separation, on the ground of concubinage, may be issued upon
vehicular accident on. Counsel for petitioner duly notified the court of her death & proof by preponderance of evidence in the action for legal separation. No criminal
moved to substitute the deceased Carmen by her father, Macario Lapuz. proceeding or conviction is necessary.
ISSUES: FACTS:
Whether or not the death of plaintiff in action for legal separation before final decree Teresita Gandionco filed with the RTC of Misamis Oriental a complaint against her
abated the action. hubby, Froilan Gandionco, on May 1986. The complaint was based on the ground of
concubinage, & was accompanied with a petition for support & damages.
RULING:
An action for legal separation which involves nothing more than the bed-&-board On October 13, 1986, she filed another concubinage case (this time a criminal case)
separation of the spouses is purely personal. The Civil Code of the Philippines with the GenSan RTC.
recognizes this in its Article 100, by allowing only the innocent spouse & no one else
to claim legal separation; & in its Article 108, by providing that the spouses can, by A few months after, she filed an application for provisional remedy of support
their reconciliation, stop or abate the proceedings & even rescind a decree of legal pendente lite while the civil Leg-Sep case was pending.
separation already rendered. Being personal in character, it follows that the death of
one party to the action causes the death of the action itself actio personalis moritur Judge Peñaranda granted the pendente lite support on December 10, 1986.
cum persona.
The present case immediately followed when Froilan made this recourse to the SC.
A further reason why an action for legal separation is abated by the death of the He contended that the civil action for legal separation (& all the other consequent
plaintiff, even if property rights are involved, is that these rights are mere effects of actions that can follow from it, like pendente lite, alimony, etc.) should be suspended
decree of separation, their source being the decree itself; without the decree such in view of the pending criminal case. He relies on Art 111, Sec 3 of the 1985 Rules
rights do not come into existence, so that before the finality of a decree, these claims on Criminal Procedure & the Jerusalem case in making this claim. Froilan also
are merely rights in expectation. Property rights acquired by either party could be contends that since the legal separation case is grounded on the basis of concubinage,
resolved & determined in a proper action for partition by either the appellee or by it follows that the judgment in the criminal case for concubinage filed against him
the heirs of the appellant. would have to be made before the civil action can continue.
ISSUES: FACTS:
Whether or not the ordered support arising from a legal separation case should be This is a case for legal separation filed in the Court of First Instance of Pangasinan
suspended until the pending criminal case of concubinage is decided upon wherein on motion of the defendant, the case was dismissed. The order of dismissal
was appealed to the Court of Appeals, but said Tribunal certified the case to the Court
RULING: on the ground that there is absolutely no question of fact involved.
In view of the amendment under the 1985 Rules on Criminal Procedure, a civil action
for legal separation, based on concubinage, may proceed ahead of, or simultaneously Benjamin Bugayong, a serviceman in the U.S. Navy, was married to defendant
with, a criminal action for concubinage, because said civil action is not one “to Leonila Ginez on August 27, 1949 while on furlough leave. Immediately after their
enforce the civil liability arising from the offense” even if both the civil & criminal marriage, the couple lived with his sisters in Sampaloc, Manila. After some time, or
actions arise from or are related to the same offense. Such civil action is one intended about July, 1951, Leonila Ginez left the dwelling of her sister-in-law & informed her
to obtain the right to live separately, with the legal consequences thereof, such as, husband by letter that she had gone to reside with her mother in Asingan, Pangasinan,
the dissolution of the conjugal partnership of gains, custody of off springs, support, from which place she later moved to Dagupan City to study in a local college there.
& disqualification from inheriting from the innocent spouse, among others.
Benjamin received several information from different people about his wife’s
A decree of legal separation, on the ground of concubinage, may be issued upon infidelity. This prompted him to go home & confront his wife. They stayed together
proof by preponderance of evidence in the action for legal separation. No criminal in his cousin’s house as husband & wife for a few days. Instead of answering his
proceeding or conviction is necessary. questions, she left which made him assume that it was an admission of guilt. He filed
for legal separation on the ground of adultery.
Support pendente lite, as a remedy, can be availed of in an action for legal separation,
& granted at the discretion of the judge. If petitioner finds the amount of support ISSUES:
pendente lite ordered as too onerous, he can always file a motion to modify or reduce Whether or not his assumption of his wife’s guilt is enough basis for a legal
the same. separation to be granted.
RULING:
Bugayong v. Ginez (G.R. No. L-10033, 28 December 1956) Condonation is the forgiveness of a marital offense constituting a ground for legal
separation or “conditional forgiveness or remission, by a husband or wife of a
DOCTRINE: matrimonial offense which the latter has committed”.
Condonation is the forgiveness of a marital offense constituting a ground for legal
separation. Condonation is the “conditional forgiveness or remission, by a husband The act of the latter in persuading her to come along with him, & the fact that she
or wife of a matrimonial offense w/c the latter has committed. Condonation is went with him to the house of his cousin & slept as husband & wife for one day &
implied from sexual intercourse after knowledge of the other infidelity, such acts two nights; these facts show reconciliation between them was effected & that there
necessary [imply] forgiveness. Single voluntary act of marital intercourse b/w the was a condonation of the wife by the husband. The reconciliation occurred almost
parties ordinarily is sufficient to constitute condonation, & where the parties live in ten months after he came to know of the acts of infidelity amounting to adultery.
the same house, it is presumed that they live on terms of matrimonial cohabitation.
Although no acts of infidelity might have been committed by the wife, the conduct properties of Alanis & Pacete which were ordered forfeited in favor of Alanis. The
of the husband despite his belief that his wife was unfaithful, deprives him of the court also nullified his marriage to Clarita.
right of any action for legal separation against the offending wife, because his said
conduct comes within the restriction of Article 100 of the Civil Code. ISSUES:
Whether or not the court gravely abused its discretion in deciding the case.
Pacete v. Cariaga (231 SCRA 321) RULING:

No defaults in actions for annulments of marriage or for legal separation. If the
DOCTRINE: defendant in an action for annulment of marriage or for legal separation fails to
Art. 58 of the FC mandates that an action for legal separation must “in no case be answer, the court shall order the prosecuting attorney to investigate whether or not
tried before 6 mos. shall have elapsed since the filing of the petition,” obviously in collusion between the parties exists, & if there is no collusion, to intervene for the
order to provide the parties to “cooling-off” period. State in order to see to it that the evidence submitted is not fabricated.
FACTS: Article 103 of the Civil Code, now Article 58 of the Family Code, further mandates
The issue in this petition for certiorari is whether or not the CFI of Cotabato, Branch that an action for legal separation must “in no case be tried before six months shall
I, gravely abused its discretion in denying petitioners’ motion for extension of time have elapsed since the filing of the petition,” obviously in order to provide the parties
to file their answer & in declaring petitioners in default & in rendering its decision a “cooling-off” period. In this interim, the court should take steps toward getting the
of which, among other things, decreed the legal separation of petitioner Enrico L. parties to reconcile.
Pacete & private respondent Concepcion Alanis & held to be null & void ab initio
the marriage of Enrico L. Pacete to Clarita de la Concepcion. The decision of the lower court was nullified.
Concepcion Alanis filed for the declaration of nullity of the marriage between her
erstwhile husband Enrico L. Pacete & one Clarita de la Concepcion, as well as for Macadandang v. CA (108 SCRA 314)
legal separation & accounting & separation of property. She averred that she was
married to Pacete on 30 April 1938 & they had a child named Consuelo. She learned DOCTRINE:
that Pacete subsequently contracted a second marriage with Clarita de la Concepcion. [Art. 63] mandates the dissolution & liquidation of the property regime of the
She & Pacete acquired vast property that he fraudulently placed the several pieces of spouses upon finality of the decree of legal separation. Such dissolution &
property either in his name & Clarita or in the names of his children with Clarita & liquidation are necessary consequences of the final decree. This legal effect of the
other “dummies;” decree legal separation ipso facto or automatically folows, as an inevitable incident
of, the judgment decreeing legal separation.
After having been summoned, the defendants repeatedly asked the court for [When one spouse dies before the conjugal property has been divided], the rules on
extension of filing for an answer which eventually resulted to being declared in dissolution & liquidation of the conjugal partnership of gains under the [FC] would
default. Five months after the petition was filed the court granted the issuance of a be applied when the decree of legal separation became final. Upon the liquidation &
Decree of Legal Separation & declared the properties in question as conjugal distribution conformably w/ the law governing the effects of the final decree of legal
separation, the law on intestate succession should take over in the disposition of properties shall be liquidated & dissolved but the offending spouse shall have no
whatever remaining properties have been allocated to the dead spouse. right to any share of the profits earned by the partnership or community.
FACTS: The decision of the trial court on Jan 4, 1973 finding Antonio guilty of concubinage
Filomena & Antonio contracted marriage in 1946. From humble beginnings they & granting the legal separation & all its legal effects along with the division of
slowly expanded their business & wealth. They had six children. After several conjugal property had long been final & executory.
setbacks in their relationship, each accusing the other of infidelity, they separated in
1965. Upon the death of the guilty party, the liquidation of the conjugal property can be
resolved by the application of the rules on intestate succession with respect to the
Filomena left & resided in Cebu. When she returned, she learned of the illicit affairs exclusive property of the deceased petitioner. Thus, the process be:
of her estranged husband. She initiated a legal separation against Antonio & later 1. Liquidation & distribution governing the effects of the final decree of legal
filed for a petition for the appointment of an administrator for their properties. separation;
Antonio opposed the appointment of an administrator. 2. Whatever remaining properties allocated to the deceased petitioner shall be
governed by intestate succession.
No action was made on Antonio’s petition. In spite of that, the court granted the
legal separation with all its legal effects particularly the dissolution & liquidation of
the community property. Pending the inventory & dissolution of property, Antonio ARTICLE 68-73
was ordered to pay support to Filomena.
Ayala Investments v. CA, G.R. No. 118305, February 12, 1998
Filomena filed for another motion for administration to impede unlawful
sequestration of some conjugal assets & clandestine transfers by Antonio. Antonio DOCTRINE:
opposed the move & filed a motion to stop the court from executing orders for
administration & to null the legal separation. CA upheld the decision of the lower FACTS:
court. Antonio appealed but he unexpected died on November 30, 1979. Philippine Blooming Mills (PBM) obtained P50,300,000.00 loan from petitioner
Ayala Investment and Development Corporation (AIDC). Respondent Alfredo
ISSUES: Ching, EVP of PBM, executed security agreements on December 1980 and March
What is the effect of Antonio’s death to the legal separation case & the dissolution 1981 making him jointly and severally answerable with PBM’s indebtedness to
of conjugal properties? AIDC. PBM failed to pay the loan hence filing of complaint against PBM and Ching.
The RTC rendered judgment ordering PBM and Ching to jointly and severally pay
AIDC the principal amount with interests. Pending the appeal of the judgment, RTC
RULING: issued writ of execution. Thereafter, Magsajo, appointed deputy sheriff, caused the
Upon finality, legal separation shall have the following effects: 1.) Spouses shall be issuance and service upon respondent spouses of the notice of sheriff sale on 3 of
entitled to live separately, but the marriage bond shall be severed; 2.) Conjugal their conjugal properties on May 1982. Respondent spouses filed injunction against
petitioners on the ground that subject loan did not redound to the benefit of the said benefits contemplated in Art. 161 of the Civil Code must be one directly resulting
conjugal partnership. CA issued a TRP enjoining lower court from enforcing its from the loan. It must not be a mere by product or a spin-off of the loan itself.
order paving way for the scheduled auction sale of respondent spouse’s conjugal
properties. A certificate of sale was issued to AIDC, being the only bidder and was
registered on July 1982. ADOPTION: RA 8552 (DOMESTIC ADOPTION ACT OF 1998)
ISSUES: Republic v. Elepano (G.R. No. 92542, 15 October 1991)

Whether or not loan acquired by PBM from Ayala Investments as guaranteed by
Alfredo Ching be redounded to the conjugal partnership of the spouses. FACTS:
On January 3, 1990, private respondent Corazon Santos Punsalan filed a verified
RULING: petition for adoption before the RTC of Caloocan City, praying that after due notice
No. Petition is denied. and hearing, the minors Pinky Gonzales Punsalan, the daughter of her full blood
brother, and Ellyn Mae Punsalan Urbano, the daughter of her full blood sister, be
The loan procured from AIDC was for the advancement and benefit of PBM and not declared her daughters by adoption for all intents and purposes.
for the benefit of the conjugal partnership of Ching. Furthermore, AIDC failed to
prove that Ching contracted the debt for the benefit of the conjugal partnership of On January 5, 1990, however, private respondent filed a "MOTION FOR TAKING
gains. PBM has a personality distinct and separate from the family of Ching despite OF DEPOSITION" on the ground that she received an urgent call from the United
the fact that they happened to be stockholders of said corporate entity. Clearly, the Nations Office in Geneva, Switzerland requiring her to report for work on January
debt was a corporate debt and right of recourse to Ching as surety is only to the extent 17, 1990, so much so that she will not be able to testify at the hearing of her petition
of his corporate stockholdings. yet to be scheduled by the respondent judge.
Based from the foregoing jurisprudential rulings of the court, “if the money or On January 8, 1990, the respondent judge granted the motion and ordered that notice
services are given to another person or entity, and the husband acted only as a surety of the taking of the deposition on January 12, 1990 at 10:00 a.m. be furnished to the
or guarantor, that contract cannot, by itself, alone be categorized as falling within the OSG (the only known oppositor in the case). On the same date, the respondent judge
context of obligations for the benefit of the conjugal partnership”. The contract of issued an order setting the hearing for the petition for adoption on February 27, 1990
loan or services is clearly for the benefit of the principal debtor and not for the surety at 10:00 a.m. and directed the publication of the said order once a week for three (3)
or his family. Ching only signed as a surety for the loan contracted with AIDC in consecutive weeks in a newspaper of general circulation in Metro Manila. A copy of
behalf of PBM. Signing as a surety is certainly not an exercise of an industry or said order as well as a copy of the said petition for adoption was likewise sent to the
profession; it is not embarking in a business. Hence, the conjugal partnership should OSG.
not be made liable for the surety agreement which was clearly for the benefit of PBM.
On January 12, 1990, private respondent's deposition was taken. Despite notice, no
The court did not support the contention of the petitioner that a benefit for the family representative from the OSG appeared to oppose the taking of the deposition.
may have resulted when the guarantee was in favor of Ching’s employment
(prolonged tenure, appreciation of shares of stocks, prestige enhanced) since the
The OSG, however, subsequently filed an "Opposition to the Deposition", averring ISSUES:
that Section 1 of Rule 24 of the Rules of Court allows deposition by leave of Court Whether the jurisdictional requirement of publication should be complied first to
after jurisdiction has been obtained over any defendant or property subject of the allow the deposition taking in adoption proceedings?
action. Since the jurisdictional requirement of publication has not been complied
with, the OSG goes on to argue, the lower court had not yet acquired jurisdiction RULING:
over the defendant so much so that the taking of the deposition cannot yet be allowed The petition has no merit.
at this stage.
The rule cited by the OSG is inapplicable to the case at bar.
On February 14, 1990, the respondent judge denied the said Opposition.
While it is true that in an action in personam, personal service of summons within
Meanwhile, on February 27, 1990, after the notice of the hearing for the petition for the forum or voluntary appearance in the case is essential for the court to acquire
adoption had been duly published in The Manila Chronicle in accordance with law jurisdiction over the person of the defendant, in an adoption case which involves the
counsel for private respondent presented evidence consisting of testimonies of status of a person, there is no particular defendant to speak of since the action is one
witnesses and documentary exhibits, showing: that private respondent is a resident in rem. In such case, jurisdiction over the person of the defendant is a non-essential
of Caloocan City; that she seeks to adopt as her children the minors; that she has condition for the taking of a deposition for the jurisdiction of the court is based on
been taking care of said minors for the past several years by way of giving them its power over the res, to render judgment with respect to such “thing” (or status, as
moral, material and spiritual support; that they have grown to love each other; that in this case) so as to bar indifferently all who might be minded to make an objection
the parents by nature of the said minors as well as the minors themselves have given against the right so established. Publication of the scheduled hearing for the petition
their consent to the adoption; and that the DSWD social worker has favorably for adoption is necessary for the validity of a decree of adoption but not for the
recommended the adoption. purpose merely of taking a deposition.
Again, despite notice, the OSG failed to appear in the said hearing and in all the No abuse of discretion was committed by the respondent judge in allowing the taking
subsequent hearings for the petition for adoption. On July 12, 1990, the respondent of private respondent’s deposition. Due to urgent and compelling reasons beyond her
judge granted the petition for adoption (p. 99, Rollo). control, private respondent could not be present to testify at the trial of the main case
for adoption. The OSG was notified of the scheduled taking of the deposition, as well
The OSG filed a motion for reconsideration of the aforesaid decision but the as of all the hearings of the petition for adoption, but the OSG chose not to attend
respondent judge denied the same. the OSG cites Rule 24 Section 1 of the Rules of ALL the said hearings, without explanation. The OSG, therefore, has no reason to
Court, which provides: invoke lack of procedural due process.
"Section 1. Depositions pending action, when may be taken. By leave of court
after jurisdiction has been obtained over any defendant or over property which Finally, it must not be forgotten that the philosophy behind adoption statutes is to
is the subject of the action, or without such leave after an answer has been promote the welfare of the child and every reasonable intendment should be
served, the testimony of any person, whether a party or not, may be taken, at sustained to promote that objective.
the instance of any party, by deposition upon oral examination or written
interrogatories."
Cresencio & Amelia Libi v. IAC (209 SCRA 754) Narcotics Unit (CANU), must have caused Wendell’s death and then shot Julie Ann
to eliminate any witness and thereby avoid identification.
DOCTRINE:
Liability of parents for civil liability arising from criminal offenses committed by As a result of the tragedy, the parents of Julie Ann filed Civil Case No. R-17774 in
their minor children: the parents are and should be held primarily liable for the civil the then Court of First Instance of Cebu against the parents of Wendell to recover
liability arising from criminal offenses committed by their minor children under their damages arising from the latter’s vicarious liability under Article 2180 of the Civil
legal authority or control, or who live in their company unless it is proven that the Code. The court dismissed the complaint for insufficiency of evidence, and the
former acted with the diligence of a good father of a family to prevent such damages. counterclaim of the defendants were likewise denied for lack of merit.
FACTS: On appeal to respondent court, said judgment of the lower court dismissing the
Julie Ann Gotiong (18 y.o.) and Wendell Libi (19 y.o.) were sweethearts until complaint of therein plaintiffs-appellants was set aside and another judgment was
December, 1978 when Julie Ann broke up her relationship with Wendell after she rendered against defendants-appellees who, as petitioners in the present appeal by
supposedly found him to be sadistic and irresponsible. Wendell demanded certiorari, now submit for resolution.
reconciliation with Julie, but was refused by the latter. This prompted the former to
resort to threats against her. Julie, in order to avoid Wendell, stayed in the house of ISSUES:
her best friend. Whether or not Article 2180 of the Civil Code was correctly interpreted by
respondent court to make petitioners liable for vicarious liability.
Julie Ann and Wendell died, each from a single gunshot wound inflicted with the
same firearm, a Smith and Wesson revolver licensed in the name of petitioner RULING:
Cresencio Libi, which was recovered from the scene of the crime inside the residence The subsidiary liability of parents for damages caused by their minor children
of private respondents at the corner of General Maxilom and D. Jakosalem streets of imposed under Art 2180 of the Civil Code and Art. 101 of Revised Penal Code
the same city. covered obligations arising from both quasi-delicts and criminal offenses. The court
held that the civil liability of the parents for quasi-delict of their minor children is
Due to the absence of an eyewitness account of the circumstances surrounding the primary and not subsidiary and that responsibility shall cease when the persons can
death of both minors, their parents, who are the contending parties herein, posited prove that they observe all the diligence of a good father of a family to prevent
their respective theories drawn from their interpretation of circumstantial evidence, damage. However, Wendell’s mother testified that her husband owns a gun which
available reports, documents and evidence of physical facts. he kept in a safety deposit box inside a drawer in their bedroom. Each of the spouses
had their own key. She likewise admitted that during the incident, the gun was no
Private respondents, bereaved over the death of their daughter, submitted that longer in the safety deposit box. Wendell could not have gotten hold of the gun
Wendell caused her death by shooting her with the aforesaid firearm and, thereafter, unless the key was left negligently lying around and that he has free access of the
turning the gun on himself to commit suicide. On the other hand, Petitioners, puzzled mother’s bag where the key was kept. The spouses failed to observe and exercise
and likewise distressed over the death of their son, rejected the imputation and the required diligence of a good father to prevent such damage.
contended that an unknown third party, whom Wendell may have displeased or
antagonized by reason of his work as a narcotics informer of the Constabulary Anti-
Luisito G. Pulido Vs. People of the Philippines Absolute Nullity of Marriage confirming the absolute nullity of marriage between
G.R. No. 220149. July 27, 2021 Pulido and Arcon was issued.
FACTS: Since Pulido’s first marriage was contracted in 1983 or before the effectivity of the
On September 5, 1983, then 16-year old Luisito G. Pulido (Pulido), married his Family Code while his second marriage was celebrated in 1995, during the effectivity
teacher, then 22-year old Nora S. Arcon (Arcon) in a civil ceremony. Their marriage of the said law, Pulido assails the retroactive application of Article 40 of the Family
was blessed with a child born in 1984. The couple lived together until 2007 when Code on his case which requires him to obtain a judicial declaration of absolute
Pulido stopped going home to their conjugal dwelling. When confronted by Arcon, nullity before he can contract another marriage.
Pulido admitted to his affair with Rowena U. Baleda (Baleda). Arcon likewise
learned that Pulido and Baleda entered into marriage on July 31, 1995 where their ISSUE:
Marriage Certificate indicated Pulido’s civil status as single. May a void ab initio marriage be raised as a valid defense in the prosecution for
bigamy even without a judicial declaration of absolute nullity?
Arcon charged Pulido and Baleda with Bigamy on December 4, 2007. In his defense,
Pulido insisted that he could not be held criminally liable for Bigamy because both RULING:
his marriages were null and void. He claimed that his marriage with Arcon in 1983 YES. A void ab initio marriage is a valid defense in the prosecution for bigamy even
is null and void for lack of a valid marriage license while his marriage with Baleda without a judicial declaration of absolute nullity.
is null and void for lack of a marriage ceremony. Baleda, on the other hand, claimed Prior to the effectivity of the Family Code (August 3, 1988), a void ab initio marriage
that she only knew of Pulido’s prior marriage with Arcon sometime in April 2007. can be raised as a defense in a Bigamy case even without a judicial declaration of its
She alleged that even prior to the filing of the bigamy case, she already filed a nullity. The validity of the second marriage is a prejudicial question to the criminal
Petition to Annul her marriage with Pulido and on October 25, 2007, the Regional prosecution for Bigamy. Thus, when both the prior and subsequent marriages were
Trial Court of Imus, Cavite (RTC) declared her marriage with Pulido as null and void contracted prior to the effectivity of the Family Code, a void ab initio marriage can
for being bigamous in nature. be raised as a defense in a Bigamy case even without a judicial declaration of its
nullity.
On June 22, 2009, the RTC convicted Pulido of Bigamy and acquitted Baledo. The
Court of Appeals (CA) affirmed the RTC decision with modification only as to the Upon the effectivity of the Family Code, the doctrine laid down in the cases of
penalty imposed. The CA found that all the elements of bigamy were present since Gomez (1970), Consuegra (1971), and Wiegel (1986) that there is a need for a
Pulido entered into a second marriage without first having obtained a judicial judicial declaration of nullity of a prior “void” marriage was encapsulated in Article
declaration of the nullity of the prior marriage with Arcon. The CA anchored its 40 of the Family Code. The prevailing rule, therefore, is that even if the marriage is
ruling on Article 40 of the Family Code which requires one to first secure a judicial void, a final judgment declaring it void for purposes of remarriage is required.
declaration of nullity of marriage prior to contracting a subsequent marriage. Pulido Accordingly, the parties should not be permitted to judge for themselves its nullity;
filed a Motion for Reconsideration which was denied by the CA. Hence, the Petition only competent courts have such authority.
for Review on Certiorari under Rule 45. Meanwhile, the RTC declared Pulido’s
marriage to Arcon void from the beginning and on June 29, 2016, a Decree of When the prior marriage was contracted prior to the effectivity of the Family Code
while the subsequent marriage was contracted during the effectivity of the said law,
the Court recognizes the retroactive application of Article 40 of the Family Code but Hence, he who contracts a second marriage before the judicial declaration of nullity
only for the purpose of remarriage, as the parties are not permitted to judge for of the first marriage assumes the risk of being prosecuted for bigamy.
themselves the nullity of their marriage. In other words, in order to remarry, a judicial
declaration of nullity is required for prior marriages contracted before the effectivity After a careful consideration, the Court is constrained to abandon its earlier rulings
of the Family Code. Without a judicial declaration of absolute nullity of the first that a judicial declaration of absolute nullity of the first and/or second marriages
marriage having been obtained, the second marriage is rendered void ab initio even cannot be raised as a defense by the accused in a criminal prosecution for bigamy. A
though the first marriage is also considered void ab initio. The only basis for judicial declaration of absolute nullity is not necessary to prove a void ab initio prior
establishing the validity of the second marriage is the judicial decree of nullity of the and subsequent marriages in a bigamy case. Consequently, judicial declaration of
first marriage. However, in a criminal prosecution for bigamy, the parties may still absolute nullity of the first and/or second marriages presented by the accused in the
raise the defense of a void ab initio marriage even without obtaining a judicial prosecution for bigamy is a valid defense, irrespective of the time within which they
declaration of absolute nullity if the first marriage was celebrated before the are secured.
effectivity of the Family Code. This is more in line with the rule that procedural rules
are only given retroactive effect insofar as they do not prejudice or impair vested or The aforesaid conclusion is anchored on and justified by the retroactive effects of a
acquired rights. void ab initio marriage, the legislative intent of Article 40 of the Family Code, and
the fundamental rules of construction governing penal laws.
In this case, Pulido’s marriage with Arcon was celebrated when the Civil Code was A void marriage is ipso facto void without need of any judicial declaration of nullity;
in effect while his subsequent marriage with Baleda was contracted during the the only recognized exception under existing law is Article 40 of the Family Code
effectivity of the Family Code. Hence, Pulido is required to obtain a judicial decree where a marriage void ab initio is deemed valid for purposes of remarriage, hence
of absolute nullity of his prior void ab initio marriage but only for purposes of necessitating a judicial declaration of nullity before one can contract a subsequent
remarriage. As regards the bigamy case, however, Pulido may raise the defense of a marriage. Clearly, when the first marriage is void ab initio, one of the essential
void ab initio marriage even without obtaining a judicial declaration of absolute elements of bigamy is absent, i.e., a prior valid marriage. There can be no crime when
nullity. the very act which was penalized by the law, i.e. contracting another marriage during
the subsistence of a prior legal or valid marriage, is not present. Thus, an accused in
With regard to the second marriage, the existing rule is that, a judicial declaration of a bigamy case should be allowed to raise the defense of a prior void ab initio marriage
nullity of the second marriage is not a valid defense in bigamy nor a prejudicial through competent evidence other than the judicial decree of nullity.
question to a criminal action for bigamy. In Domingo (1993), a declaration of the
absolute nullity of a marriage was explicitly required as a cause of action or a defense To borrow Justice Caguioa’s opinion, even with the enactment of Article 40 of the
in view of the pronouncement in Article 40 of the Family Code. In the case of Family Code, a void ab initio marriage remains a valid defense in bigamy, and a prior
Mercado v. Tan (Mercado, 2000), the Court held that the subsequently acquired and separate judicial declaration of absolute nullity is not indispensable to establish
judicial declaration of absolute nullity of the first marriage is immaterial as the crime the same. The Court cannot simply disregard the effects of a void ab initio marriage
of bigamy has already been consummated. Moreover, Marbella-Bobis v. Bobis and penalize the accused for bigamy despite the clear absence of a valid prior
(Marbella-Bobis, 2000) held that without a judicial declaration of nullity, the first marriage on the mere speculation that this interpretation may be subject to abuse by
marriage is presumed to be subsisting and for all legal intents and purposes, the those parties who deliberately and consciously enter into multiple marriages
parties are considered as married at the time the second marriage was celebrated. knowing them to be void and thereafter, evade prosecution on the pretext of a void
ab initio marriage. Article 349 of the RPC penalizes parties who contracted a valid In December 1981, spouses Sabas and Felisa Rapisura filed a petition to adopt
or voidable second marriage when the first marriage, which may be valid or voidable, Adelberto. The petition was granted in November 1982 that is after Adelberto had
is still subsisting. In contrast, Article 350 of the RPC penalizes those who without shot and killed Jennifer.
being included in Article 349, contract a marriage knowing that the requirements of
the law have not been complied with or in disregard of a legal impediment. Thus, an Adelberto’s parents, in their Answer, claimed that the spouses Rapisura were
accused who contracts a void ab initio marriage may escape liability under Article indispensable parties to the action since parental authority had shifted to them from
349 as it strictly encompasses valid or voidable first and second marriages. However, the moment the petition for adoption was decreed. Spouses Tamargo contended that
the accused in contracting a marriage knowing that the requirement of the law have since Adelberto was then actually living with his natural parents, parental authority
not been complied with or in disregard of a legal impediment may be covered and had not ceased by mere filing and granting of the petition for adoption. Trial court
penalized under Article 350 of the RPC. dismissed the spouses Tamargo’s petition
Applying the foregoing, Pulido may validly raise the defense of a void ab initio ISSUES:
marriage in the Bigamy case against him. More importantly, during the pendency of Whether or not the spouses Rapisura are the indispensable parties to actions
this case, a judicial declaration of absolute nullity of Pulido’s marriage with Arcon committed by Adelberto.
due to the absence of a valid marriage license was issued and attained finality on
May 11, 2016. On June 29, 2016, the RTC issued a Decree of Absolute Nullity of RULING:
Marriage which effectively retroacts to the date of the celebration of Pulido and No. In Article 221 of the Family Code states that: “Parents and other persons
Arcon’s marriage, i.e., on September 5, 1983. This connotes that Pulido and Arcon exercising parental authority shall be civilly liable for the injuries and damages
were never married in the eyes of the law. Lacking an essential element of the crime caused by the acts or omissions of their unemancipated children living in their
of bigamy, i.e., a prior valid marriage, and the subsequent judicial declaration of company and under their parental authority subject to the appropriate defences
nullity of Pulido and Arcon’s marriage, the prosecution failed to prove that the crime provided by law.”
of bigamy is committed. Therefore, the acquittal of Pulido from the Bigamy charge
is warranted. In the case at bar, parental authority over Adelberto was still lodged with the natural
parents at the time the shooting incident happened. It follows that the natural parents
are the indispensable parties to the suit for damages.
Tamargo v. CA (209 SCRA 518)
Supreme Court held that parental authority had not been retroactively transferred to
FACTS: and vested in the adopting parents, at the time the shooting happened. It do not
On 20 October 1982, Adelberto Bundoc, a minor, 10 years old, shot Jennifer consider that retroactive effect may be given to the decree of the adoption so as to
Tamargo with an air rifle causing injuries which resulted in her death. The natural impose a liability upon the adopting parents accruing at the time when adopting
parents of Tamargo filed a complaint for damages against the natural parents of parents had no actual custody over the adopted child. Retroactive affect may be
Adelberto with whom he was living the time of the tragic incident. essential if it permit the accrual of some benefit or advantage in favor of the adopted
child.

Persons and Family Relations Law - Finals - Mama Gie Notes

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4.

BETWEEN PARENTS-IN-LAW & CHILDREN-IN-LAW;

VOID MARRIAGE v. VOIDABLE MARRIAGE

ALL CREDITORS OF THE SPOUSES AS WELL AS OF THE ABSOLUTE

THE RECORDING OF THE ORDERING IN THE REGISTRIES OF PROPERTY

Rendering Judgment on the Petition

Procedural Requirements After Judgment, Before Issuance of Decree

In addition, for marriages under Art 40 &

Action must be brought within 5 years

ARTICLE 71. THE MANAGEMENT OF THE HOUSEHOLD SHALL BE THE RIGHT

ARTICLE 78. A MINOR WHO ACCORDING TO LAW MAY CONTRACT

IN THE EVENT THAT ONE SPOUSE IS INCAPACITATED OR OTHERWISE

• Termination of Administration • Property Donated or Left by Will to Spouses

IF THE CONJUGAL PARTNERSHIP OF GAINS IS INSUFFICIENT TO COVER

HOWEVER, THE TRANSACTION SHALL BE CONSTRUED AS A CONTINUING

ARTICLE 130. UPON THE TERMINATION OF THE MARRIAGE BY DEATH, THE

ARTICLE 135. ANY OF THE FF. SHALL BE CONSIDERED SUFFICIENT CAUSE

THE LIABILITY OF THE SPOUSES TO CREDITORS FOR FAMILY EXPENSES

AT THE EXECUTION SALE, NO BID BELOW THE VALUE ALLOWED FOR A

Section 4. Counseling Services. – The Department shall provide the

Section 9. Whose Consent is Necessary to the Adoption. – After being

ARTICLE 224. THE MEASURES REFERRED TO IN THE PRECEDING ARTICLE

IF THE DEGREE OF SERIOUSNESS SO WARRANTS, OR THE WELFARE OF THE

SUMMARY JUDICIAL PROCEEDINGS

ARTICLE 240. CLAIMS FOR DAMAGES BY EITHER SPOUSE, EXCEPT COSTS

ARTICLE 239. WHEN A HUSBAND AND WIFE ARE SEPARATED IN FACT, OR

ARTICLE 306. EVERY FUNERAL SHALL BE IN KEEPING WITH THE SOCIAL

ARTICLE 356. EVERY CHILD:

ARTICLE 360. THE COUNCIL FOR THE PROTECTION OF CHILDREN SHALL

ARTICLE 367. NATURAL CHILDREN BY LEGAL FICTION SHALL PRINCIPALLY

ARTICLE 375. IN CASE OF IDENTITY OF NAMES AND SURNAMES BETWEEN

ARTICLE 383. In the appointment of a representative, the spouse

• Court appointment – appointment of representative of an absentee be made

• Appearance of Absentee – if owner appears, administrator’s appointment

• Accretion – disposition of the inheritance of an absentee shall benefit either

DOCTRINE: CA’s decision:

Pacete v. Cariaga (231 SCRA 321) RULING:

ISSUES: Republic v. Elepano (G.R. No. 92542, 15 October 1991)

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