Requisites for a valid marriage
- Pulido vs People
o If a party contracts a second marriage
without obtaining a final judgment of
nullity of the first marriage, the
subsequent marriage is void
- Andal vs Andal
o If there is no valid first marriage then
there is not bigamy
o There is no need for a declaration of
nullity of the first marriage
Article 2 – when the law takes effect
- Unless otherwise provided
o If the law does not provide when it
takes effectivity then it means it shall
take effect 15 days after its
publication
- After complete publication
o If there are 3 parts, after the last part
has been published
- Tanada vs Tuvera
o Tanada questioned the effectivity of
certain laws which were promulgated
or issued by Marcos due to lack of
publication
o Tuvera was the head of media the
court held that, unless otherwise
provided, refers to the requirement
of publication where the law does
not provide for its publication it shall
take effect. However, the SC ruled
that the unless otherwise provided
means that the number of days after
its publication
o Publication is required
Article 3 – ignorance of the law excuses no one from
compliance
- If law is published
o Ignorance is not an excuse
- Publication
o A constructive notice to the people
Article 4 – retroactivity of the law
- Laws shall not have retroactive effect unless
the contrary is provided
Article 40 – Final judgement for declaration of nullity
of marriage
- Wiegel vs Weigel
o Mrs. weigle had a prior marriage,
contended that she was forced to
marry a filipino
o She met mr weigle who is a foreigner
o Time came when their relationship
turned sour
o Mr weigle filed a case for the
declaration of nullity of the
subsequent marriage and used
article 40 as a basis.
o Hence, the second marriage is void.
o Mr weigle contended that the family
code cannot be used as it took place
in 1986 and their marriage took place
in 1940
o The court held that if there’s no
declaration of nullity of the first
marriage, then the second marriage
is void.
o Article 40 has retroactive effects as
there is no vested right.
- Succession – mortis causa
o Takes effect after death of decedent
o If net estate is 3m and there are 3 LCs
then all shall have 1m.
o Even if there is no probate yet, you
can already make use of that share as
succession opens at the time of the
death of decedent
o LC contended that they are not
entitled as it shall impair their vested
rights hence retroactivity cannot take
effect
o Acknowledged natural child
▪ Born out of wedlock but
parents are not married to
other people
• 2/5 of the share of the
legitimate child from
the legitime
▪ Natural child by legal fiction
• Children of a void
marriage but since the
marriage is made in
good faith and had
children or vice versa
o 2.5 share of
one LC
▪ Spurious children
• Children born out of
adulterous
relationship
• 4/5 of 2.5
o If born outside the valid wedlock
▪ ½ share of LC
- new civil code
o no retroactivity
o except when remedial
- case of robin padilla
o a law is passed wherein the penalty
of reclusion temporal was decreased
for people carrying unlicensed
firearms.
o Padilla was granted parole for good
behavior
o Duterte granted him presidential
pardon
▪ Such pardon is applied
retroactivity
Article 5 – Mandatory and prohibitory laws
- Mandatory laws
o Laws that provide for certain
procedures that must be followed or
the act shall become illegal or
ineffective
- Prohibitory laws
o Prohibits person from doing
something
Article 6 – Waiver of rights
- No waiver of rights
o Voluntary relinquishment or
abandonment of known existing legal
rights or privileges by a capable
person and upon such surrender of
rights known to him or her, the latter
is forever deprived of such known
rights
- Exception
o It may be waived if it complied with
requisites for a valid waiver such as
▪ The one waiving must actually
have the right to be
renounced
▪ Must have the legal capacity
to do so
▪ Renunciation is made in a
clear and unequivocal
manner
▪ Waiver is not contrary to law,
public order, public policy and
good moral and customs
Article 7 – Repeal
- Laws are repealed only by subsequent laws
o The more recent law shall govern
Article 8 – judicial decisions forms part of the law of
the land
- Decisions of the Supreme Court are as good
as laws
o Doctrine of Stare Decisis
Article 9 – No judge shall decline to render
judgement due to obscurity
- Judges or courts cannot decline to render
judgement by reason of silence of the
obscurity or insufficiency of the laws
- Application to criminal prosecution
o Must be in accord with the doctrine
of nullum crimen nuena puena sine
lege
Article 13
- Sunset to sunrise
o Night
- Day
o 24 hours
o Exclude the first day and include the
last day
- 365 days
o 1 year
- Year
o 12 months
Article 16 what law is applicable where the property
is located
- Lex Rei Sitae
o With respect to property, whether
personal or real the rule is that it is
subject to the law of the country
where it is situated
o Universal principle that real or
immovable property is exclusively
subject to the laws of the country or
state where it is situated/located
o Governs the capacity of the person
making a deed relation to immovable
property no matter that nature of
such property
- Exceptions to lex rei sitae
o National law of the person whose
succession is under consideration
and not the law of the country where
the property is situated will govern
with respect to the following aspects
of succession, whether testate or
intestate
▪ Order of succession
▪ Amount of successional right
▪ Intrinsic validity or
testamentary provisions
▪ Capacity to succeed from the
decedent
Article 17 – Lex loci celebrations
- Rule
o The forms and solemnities of
contracts, wills and other public
instruments shall be governed by
laws of the country which they are
executed
o All marriages outside the Philippines
in accordance with the laws in force
in the country where they were
solemnized and valid there as such,
shall also be valid in this country
- Acts referred to are executed before the
diplomatic or consular officials of the
republic of the Philippines in a foreign
country
o The solemnities established by the
Philippine laws shall be observed
- With respect to the nature, construction and
validity of contracts
o What applies is the doctrine of lex
contractus and it may pertain to the
law voluntarily agreed upon by the
parties or law intended by them
expressly or impliedly
Article 19
- Every person must, in the exercise of his
rights and in the performance of his duties,
act with justice, give everyone his due, and
observe honesty in good faith
o If the rule of conduct is violated the
remedy is an action for damages
under article 20 or 21
- Honesty
o Careful regard of others rights and
property
- Good faith
o Honest intention to avoid taking
undue advantage of another
Lames vs Lascieras
- Counsel de oficio defended his client without
the ability of a more experienced and
competent lawyer
- Should the counsel be disbarred?
o No because said incompetence does
not necessarily make him unfit to be
a member of the bar
- Every person who through an act of
performance by another or any other means,
acquires or comes into possession of
something at the expense of the latter
without just or legal ground, shall return the
same to him.
- No person should unjustly enrich himself at
the expense of another
o Nemo Cum Alterius Detrimento
Protest
Article 23
- Even when an act or event causing damage
to anothers property was not due to the fault
or negligence of the defendant, the latter
shall be liable for indemnity if though the act
or event he was benefited
Page 10

Effect of a plea for social justice

- Law on obligations and contracts cannot be
nullified just because of a plea for social
justice

Effect of a veiled threat on dispensers of justice

- To subject justices to the threat of an
investigation or prosecution for official acts is
to subvert their independence

Law and equity

- Justice is done according to law
- Equity follows tha law
- There may be a moral obligation, often
regarded as an equitable consideration but if
there is no enforceable legal duty, the action
must fail although the disadvantaged party
deserves commiseration or sympathy

Sexual harassment
- Power exercised by a superior over a
subordinate
- Constitutes serious misconduct prejudicial to
the interest of the service which warrant his
dismissal from office

Article 20
- Every person who, contrary to law, willfully
or negligently causes damage to another,
shall indemnify the latter for the same

Article 21
- An person who willfully causes loss or injury
to another in a manner that is contrary to
morals, goods customs or public policy shall
compensate the latter for the damages

Article 22
Art. 26. All marriages solemnized outside the
Philippines, in accordance with the laws in force in
the country where they were solemnized, and valid
there as such, shall also be valid in this country,
except those prohibited under Articles 35 (1), (4), (5)
and (6), 3637 and 38. (17a)
Art. 40. The absolute nullity of a previous marriage
may be invoked for purposes of remarriage on the
basis solely of a final judgment declaring such
previous marriage void. (n).
Art. 41. A marriage contracted by any person during
subsistence of a previous marriage shall be null and
void, unless before the celebration of the
subsequent marriage, the prior spouse had been
absent for four consecutive years and the spouse
present has a well-founded belief that the absent
spouse was already dead. In case of disappearance
where there is danger of death under the
circumstances set forth in the provisions of Article
391 of the Civil Code, an absence of only two years
shall be sufficient.
For the purpose of contracting the subsequent
marriage under the preceding paragraph the spouse
present must institute a summary proceeding as
provided in this Code for the declaration of
presumptive death of the absentee, without
prejudice to the effect of reappearance of the
absent spouse. (83a)
Art. 50. The effects provided for by paragraphs (2),
(3), (4) and (5) of Article 43 and by Article 44 shall
also apply in the proper cases to marriages which
are declared ab initio or annulled by final judgment
under Articles 40 and 45.
The final judgment in such cases shall provide for the
liquidation, partition and distribution of the
properties of the spouses, the custody and support
of the common children, and the delivery of third
presumptive legitimes, unless such matters had
been adjudicated in previous judicial proceedings.
All creditors of the spouses as well as of the absolute
community or the conjugal partnership shall be
notified of the proceedings for liquidation.
In the partition, the conjugal dwelling and the lot on
which it is situated, shall be adjudicated in
accordance with the provisions of Articles 102 and
129.
Art. 51. In said partition, the value of the
presumptive legitimes of all common children,
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 judicially approved, had already
provided for such matters.
The children or their guardian or the trustee of their
property may ask for the enforcement of the
judgment.
The delivery of the presumptive legitimes herein
prescribed shall in no way prejudice the ultimate
successional rights of the children accruing upon the
death of either of both of the parents; but the value
of the properties already received under the decree
of annulment or absolute nullity shall be considered
as advances on their legitime. (n)
Art. 52. The judgment of annulment or of absolute
nullity of the marriage, the partition and distribution
of the properties of the spouses and the delivery of
the children's presumptive legitimes shall be
recorded in the appropriate civil registry and
registries of property; otherwise, the same shall not
affect third persons. (n)
Art. 103. Upon the termination of the marriage by
death, the community property shall be liquidated
in the same proceeding for the settlement of the
estate of the deceased.
If no judicial settlement proceeding is instituted, the
surviving spouse shall liquidate the community
property either judicially or extra-judicially within
six months from the death of the deceased spouse.
If upon the lapse of the six months period, no
liquidation is made, any disposition or encumbrance
involving the community property of the terminated
marriage shall be void.
Should the surviving spouse contract a subsequent
marriage without compliance with the foregoing
requirements, a mandatory regime of complete
separation of property shall govern the property
relations of the subsequent marriage. (n)
Art. 120. The ownership of improvements, whether
for utility or adornment, made on the separate
property of the spouses at the expense of the
partnership or through the acts or efforts of either
or both spouses shall pertain to the conjugal
partnership, or to the original owner-spouse,
subject to the following rules:
When the cost of the improvement made by the
conjugal partnership and any resulting increase in
value are more than 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
of the property of the owner-spouse at the time of
the improvement; otherwise, said property shall be
retained in ownership by the owner-spouse,
likewise subject to reimbursement of the cost of the
improvement.
In either case, the ownership of the entire property
shall be vested upon the reimbursement, which
shall be made at the time of the liquidation of the
conjugal partnership. (158a)
Art. 172. The filiation of legitimate children is
established by any of the following:
(1) The record of birth appearing in the civil
register or a final judgment; or
(2) An admission of legitimate filiation in a
public document or a private handwritten
instrument and signed by the parent
concerned.
In the absence of the foregoing evidence, the
legitimate filiation shall be proved by:
(1) The open and continuous possession of
the status of a legitimate child; or
(2) Any other means allowed by the Rules of
Court and special laws. (265a, 266a, 267a)
Art. 173. The action to claim legitimacy may be
brought by the child during his or her lifetime and
shall be transmitted to the heirs should the child die
during minority or in a state of insanity. In these
cases, the heirs shall have a period of five years
within which to institute the action.
Art. 174. Legitimate children shall have the right:
(1) To bear the surnames of the father and
the mother, in conformity with the
provisions of the Civil Code on Surnames;
(2) To receive support from their parents,
their ascendants, and in proper cases, their
brothers and sisters, in conformity with the
provisions of this Code on Support; and
(3) To be entitled to the legitimate and other
successional rights granted to them by the
Civil Code. (264a)
Art. 175. Illegitimate children may establish their
illegitimate filiation in the same way and on the
same evidence as legitimate children.
The action must be brought within the same period
specified in Article 173, except when the action is
based on the second paragraph of Article 172, in
which case the action may be brought during the
lifetime of the alleged parent. (289a)
Art. 176. Illegitimate children shall use the surname
and shall be under the parental authority of their
mother, and shall be entitled to support in
conformity with this Code. The legitime of each
illegitimate child shall consist of one-half of the
legitime of a legitimate child. Except for this
modification, all other provisions in the Civil Code
governing successional rights shall remain in force.
(287a)
Republic v. Manalo
G.R. No. 221029
April 24, 2018
Facts:
Marelyn Tanedo Manalo was married to a Japanese
national, Yoshino Minoro. Manalo filed a case for
divorce in Japan and after due proceedings, a
divorce decree dated December 6, 2011, was
granted. Manalo now wants to cancel the entry of
marriage between her and Minoro from the Civil
Registry and to be allowed to reuse her maiden
surname, Manalo.
According to Article 26, paragraph 2 of the Family
Code, Where a marriage between a Filipino citizen
and a foreigner is validly celebrated and a divorce is
thereafter validly obtained abroad by the alien
spouse capacitating him or her to remarry, the
Filipino spouse shall likewise have capacity to
remarry under Philippine law
Issues:
1. Under Article 26, paragraph 2 of the Family Code,
can the Filipino spouse initiate the divorce instead
of the foreign spouse?
2. Was the divorce obtained by Marelyn Manalo
from Japan valid here in the Philippines?
Ruling:
1. Yes. The Court ruled that in interpreting the law,
the intent should be taken into consideration.
According to Justice Alicia Sempio-Dy, a member of
the Civil Code Revision Committee, the aim of the
amendment is to avoid the absurd situation of
having the Filipino deemed still married to a foreign
spouse even though the latter is no longer married
to the former. According to the Supreme Court, the
wording of Article 26, paragraph 2 of the Family
Code requires only that there be a valid divorce
obtained abroad and does not discriminate as to
who should file the divorce, i.e., whether it is the
Filipino spouse or the foreign spouse. Also, even if
assuming arguendo that the provision should be
interpreted that the divorce proceeding should be
initiated by the foreign spouse, the Court will not
follow such interpretation since doing so would be
contrary to the legislative intent of the law.
In the issue of the application of Article 15 of the
Civil Code in this case, the Court ruled that even if
Manalo should be bound by the nationality
principle, blind adherence to it should not be
allowed if it will cause unjust discrimination and
oppression to certain classes of individuals whose
rights are equally protected by the law.
The Court also ruled that Article 26 of the Family
Code is in violation of the equal protection clause.
They said that the limitation provided by Article 26
is based on a superficial, arbitrary, and whimsical
classification. The violation of the equal protection
clause in this case is shown by the discrimination
against Filipino spouses who initiated a foreign
divorce proceeding and Filipinos who obtained a
divorce decree because the foreign spouse had
initiated the divorce proceedings. Their
circumstances are alike, and making a distinction
between them as regards to the validity of the
divorce decree obtained would give one undue
favor and unjustly discriminate against the other.
The Court also said that it is the State’s duty not only
to strengthen the solidarity of the Filipino family but
also to defend, among others, the right of children
to special protection from all forms of neglect
abuse, cruelty, and other conditions prejudicial to
their development. The State cannot do this if the
application of paragraph 2 of Article 26 of the Family
Code is limited to only those foreign divorces
initiated by the foreign spouse.
2. The Court cannot determine due to insufficient
evidence.
It has been ruled that foreign laws must be proven.
There are two basic types of divorces: (1) absolute
divorce or a vinculo matrimonii, which terminates
the marriage, and (2) limited divorce or a mensa et
thoro, which suspends it and leaves the bond in full
force.
The presentation solely of the divorce decree will
not suffice to lead the Court to believe that the
decree is valid or constitutes absolute divorce. The
fact of divorce must still be proven. Therefore, the
Japanese law on divorce must still be proved.
In this case, the Court remanded the case to the
court of origin for further proceedings and reception
of evidence as to the relevant Japanese law on
divorce.
Pulido vs People
FACTS
In 1983, Luisito Pulido (Pulido) married Nora Arcon
(Arcon) in a civil ceremony in Cavite, and they lived
together until 2007 when Pulido stopped going
home to their conjugal dwelling. Pulido admitted
that he was having an affair with Rowena Baleda
(Baleda). Arcon also learned that Pulido and Baleda
entered into a marriage in 1995. Thus, Arcon
charged Pulido and Baleda with Bigamy.
In their defense, Pulido insisted that he cannot be
held criminally liable for bigamy because both his
marriages were null and void. He claimed that his
marriage with Arcon in 1983 is null and void for lack
of a valid marriage license, while his marriage with
Baleda is null and void for lack of a marriage
ceremony. Meanwhile, Baleda countered that she
only knew of Pulido’s prior marriage in April 2007;
that before the filing of the bigamy case, she had
already filed a petition to annul her marriage with
Pulido; and that in a decision the Regional Trial
Court (RTC) declared her marriage with Pulido null
and void for being bigamous.
The RTC convicted Pulido of bigamy and acquitted
Baleda. The Court of Appeals (CA) affirmed the RTC
Decision. The CA held that all the elements of
bigamy were present since Pulido entered into a
second marriage with Baleda while his prior
marriage with Arcon was subsisting and without first
having obtained a judicial declaration of the nullity
of the prior marriage with Arcon. The CA anchored
its ruling on Article 40 of the Family Code which
requires one to first secure a judicial declaration of
nullity of marriage prior to contracting a subsequent
marriage. It held that Article 40 applies even if the
marriage of Pulido with Arcon was governed by the
Civil Code. The CA also ruled that the subsequent
judicial declaration of the second marriage for being
bigamous in nature does not bar the prosecution of
Pulido for the crime of bigamy as jurisprudence
dictates that one may still be charged with bigamy
even if the second marriage is subsequently
declared as null and void so long as the first
marriage was still subsisting during the celebration
of the second marriage.
ISSUES
1. (1) Does Article 40 of the Family Code have
retroactive application?
2. (2) Does the subsequent declaration of
nullity of the first and second marriage
constitute a valid defense in bigamy?
3. (3) Is a judicial declaration of nullity of
marriage necessary to establish the invalidity
of a void ab initio marriage in a bigamy
prosecution?
RULING
(1) YES. Article 40 of the Family Code applies
retroactively on marriages celebrated before the
Family Code in so far as it does not prejudice or
impair vested or acquired rights. Thus, a judicial
declaration of nullity is required for prior marriages
contracted before the effectivity of the Family Code,
but only for purposes of remarriage.
Prior to the effectivity of the Family Code, the trend
of jurisprudence held that a void ab initio marriage
can be raised as a defense in a bigamy case even
without a judicial declaration of its nullity. When
both the prior and subsequent marriages were
contracted prior to the effectivity of the Family
Code, a void ab initio marriage can be raised as a
defense in a bigamy case even without a judicial
declaration of its nullity. Nonetheless, the Court
recognized that an action for nullity of the second
marriage is a prejudicial question to the criminal
prosecution for bigamy.
However, Pulido's first marriage with Arcon was
contracted in 1983 or before the effectivity of the
Family Code while his second marriage with Baleda
was celebrated in 1995, during the effectivity of the
said law. Pulido assailed the retroactive application
of Article 40 of the
Family Code on his case which required him to
obtain a judicial declaration of absolute nullity
before he can contract another marriage.
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 Art. 40 of the Family Code but only in
so far as it does not prejudice or impair vested or
acquired rights. The Court declared in Atienza v.
Brillantes, Jr., and reiterated in Jarillo and in
Montanez v. Cipriano that Art. 40 of the Family
Code, which is a rule of procedure, should be
applied retroactively because Article 256 of the
Family Code itself provides that said “Code shall
have retroactive effects insofar as it does not
prejudice or impair vested or acquired rights.”
Applying the foregoing jurisprudence and the
purpose of the provision, the Court held that Art. 40
of the Family Codehas retroactive application on
marriages contracted prior to the effectivity of the
Family Code but only for the purpose of remarriage,
as the parties are not permitted to judge for
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 of the Family Code. However,
in a criminal prosecution for bigamy, the parties may
still raise the defense of a void ab initio marriage
even without obtaining a judicial declaration of
nullity if the first marriage was celebrated before
the effectivity of the Family Code.
In this case, Pulido’s marriage with Arcon was
celebrated when the Civil Code was in effect while
his subsequent marriage with Baleda was
contracted during the effectivity of the Family Code.
Hence, Pulido is required to obtain a judicial
declaration of absolute nullity of his prior void ab
initio marriage but only for purposes of remarriage.
As regards the bigamy case, however, Pulido may
raise the defense of a void ab initio marriage even
without obtaining a judicial declaration of nullity.
(2) YES. The Court abandoned its earlier rulings that
a judicial declaration of absolute nullity of the first
and/or second marriages cannot be raised as a
defense by the accused in a criminal prosecution for
bigamy. The Court held that a judicial declaration of
absolute nullity is not necessary to prove a void ab
initio prior and subsequent marriages in a bigamy
case. Consequently, a judicial declaration of
absolute nullity of the first and/or second marriages
presented by the accused in the prosecution for
bigamy is a valid defense, irrespective of the time
within which they are secured.
The Family Code specifically provides that certain
marriages are void ab initio namely, Articles 35, 36,
37, 38, 44, and 53. Void marriages, like void
contracts, are inexistent from the very beginning. A
void marriage produces no effects except those
declared by law concerning the properties of the
alleged spouses, co-ownership or ownership
through actual joint contribution, and its effect on
the children born to void marriages as provided in
Article 50 in relation to Articles 43 and 44 as well as
Articles 51, 52, and 54 of the Family Code.
Therefore, its invalidity can be maintained in any
proceeding in which the fact of marriage may be
material, either direct or collateral, in any civil court
between any parties at any time. Jurisprudence
under the Civil Code states that no judicial decree is
necessary to establish the nullity of marriage; the
exception to this is Art. 40 of the Family Code.
However, the requirement of Article 40 is merely for
purposes of remarriage and does not affect the
accused’s right to collaterally attack the validity of
the void ab initio marriage in criminal prosecution
for bigamy.
In contrast, voidable marriages under Article 45 of
Family Code are considered valid and produces all
its civil effects until it is set aside by a competent
court in an action for annulment. It is capable of
ratification and cannot be assailed collaterally
except in a direct proceeding. It is considered valid
during its subsistence and only ceases upon finality
of the decree of annulment of a competent court.
Clearly, when the first marriage is void ab initio, one
of the essential elements of bigamy is absent, i.e. a
prior valid marriage. There can be no crime when
the very act which was penalized by law, i.e.
contracting another marriage during the
subsistence of a prior legal or valid marriage, is not
present. It is but logical that a conviction for said
offense cannot be sustained where there is no first
marriage to begin with. Thus, an accused in a bigamy
case should be allowed to raise the defense of a
prior void ab initio marriage through competent
evidence other than the judicial decree of nullity.
Apropos, with the retroactive effects of a void ab
initio marriage, there is nothing to annul nor
dissolve as the judicial declaration of nullity merely
confirms the inexistence of such marriage. Thus, the
second element of bigamy, i.e. that the former
marriage has not been legally dissolved or annulled,
is wanting in case of void ab initio prior marriage.
What Article 349 of the Revised Penal Code (RPC)
contemplates is contracting a subsequent marriage
when a voidable or valid first marriage is still
subsisting. Hence, Art. 349 of the RPC should be
construed to pertain only to valid and voidable
marriages.
As such, when the first marriage is void ab initio, the
accused cannot be held liable for bigamy as the
judicial declaration of its nullity is not tantamount to
annulment or dissolution but merely a declaration
of status or condition that no such marriage exists.
In the same manner, when the accused contracts a
second or subsequent marriage that is void ab initio,
other than it being bigamous, he/she cannot be held
liable for bigamy as the effect of a void marriage
signifies that the accused has not entered into a
second or subsequent marriage, being inexistent
from the beginning. Thus, the element, “that he or
she contracts a second or subsequent marriage” is
lacking. A subsequent judicial declaration of nullity
of the second marriage merely confirms its
inexistence and shall not render the accused liable
for bigamy for entering such void marriage while the
first marriage still subsists. Consequently, the
accused in bigamy may validly raise a void ab intiio
second or subsequent marriage even without a
judicial declaration of nullity.
True, a marriage is presumed to be valid even if the
same is void ab initio without a judicial declaration
of its absolute nullity in view of Art. 40 of the Family
Code. However, the accused in
a bigamy case should not be denied the right to
interpose the defense of a void ab initio marriage;
which effectively retroacts to the date of the
celebration of the first marriage.
(3) NO. Art. 40 of the Family Code requires a judicial
declaration of absolute nullity for purposes of
remarriage but not as a defense in bigamy. Art. 40
of the Family Code did not amend or repeal Art. 349
of the RPC.
The case of Domingo elucidated the intent behind
the provisions of Article 40 of the Family Code. The
Court clarified in the said case that the requirement
under Article 40, i.e. final judgment declaring
previous marriage void, need not be obtained only
for purposes of remarriage. The word “solely”
qualifies the “Final judgment declaring such
previous marriage void” and not “for purposes of
remarriage.”
In effect, judicial declaration of absolute nullity may
be invoked in other instances for purposes other
than remarriage. Nonetheless, Domingo declares
that other evidence, testimonial or documentary,
may also prove the absolute nullity of the previous
marriage in the said instances. The said case did not
specifically include criminal prosecutions for bigamy
in the enumeration of instances where the absolute
nullity of marriage may be proved by evidence other
than the judicial declaration of its nullity. However,
the enumeration in Domingo did not purport to be
an exhaustive list. Moreover, the discussion in the
minutes plainly shows that the Civil Law and Family
Committees did not intend to deprive the accused
or defendant to raise the defense of the absolute
nullity of a void ab initio marriage in the same
criminal proceeding.
Plainly, Art. 40 of the Family Code does not
categorically withhold from the accused the right to
invoke the defense of a void ab initio marriage even
without a judicial decree of absolute nullity in
criminal prosecution for bigamy. To adopt a contrary
stringent application would defy the principle the
penal laws are strictly construed against the State
and liberally in favor of the accused.
Accordingly, Art. 349 of the RPC and Art. 40 of the
Family Code must be harmonized and liberally
construed towards the protection of the sanctity of
marriage and the presumption of innocence of the
accused. With the retroactive effects of a void ab
inito marriage, the marriage is considered non-
existent from the time of the celebration of the
marriage.
All told, the Court rules that in criminal prosecutions
for bigamy, the accused can validly interpose the
defense of a void ab initio marriage even without
obtaining a judicial declaration of absolute nullity.
Consequently, a judicial declaration of absolute
nullity of the first and/or subsequent marriages
obtained by the accused in a separate proceeding,
irrespective of the time within which they are
secured, is a valid defense in the criminal
prosecution for bigamy.
Applying the foregoing, Pulido may validly raise the
defense of a void ab initio marriage in the bigamy
charge against him. In this case, while Pulido and
Arcon’s marriage contract bears a marriage license
number issued in 1983, there is doubt as to the fact
of its existence and issuance
as per the certification dated in 2008 issued by the
Civil Registrar which essentially affects the validity
of their marriage. Thus, there is a reasonable doubt
whether indeed Pulido and Arcon had a marriage
license when they entered into marriage in 1983.
More importantly, during the pendency of this case,
a judicial declaration of absolute nullity of Pulido’s
marriage with Arcon due to the absence of a valid
marriage license was issued and attained finality in
2016.
Lacking an essential element of the crime of bigamy,
i.e. a prior valid marriage, and the subsequent
judicial declaration of nullity of Pulido and Arcon’s
marriage, the prosecution failed to prove that the
crime of bigamy is committed. Therefore, the
acquittal of Pulido from the bigamy charge is
warranted.
As to the absolute nullity of the accused’s second
marriage with Baleda, it was declared void ab initio
because of being bigamous and not because it
lacked any of the essential requisites of a marriage.
Hence, Pulido cannot use the same as a defense in
his prosecution for bigamy.

Valid, voidable and void marriages

Property regimes
Legitimate and illegitimate children
Support p80
Parental authorityp83
Article 41
Article 5-50
Use of surnames p17
Impugning legitimacy of child
Republic vs Manalo
Divorce between filipinos is not recognized here and
will not legally dissolve the marriage
Article 172 in relation to article 175
 Valid, void and voidable marriage
Marriage
- A special contract of permanent union
between a man and a woman entered into in
accordance with law for the establishment of
conjugal and family life
- Foundation of the family and an inviolable
social institution whose nature,
consequence and incidents are governed by
law and not subject to stipulation, except
that marriage settlement may fix the
property relations during the marriage
within the limits provided by the code
Essential requisites of a valid marriage
- Legal capacity
- Consent
Legal capacity
- Parties must be a male and a female
- 18 years and above
- Not subject to any legal impediments in
article 37 and 38 of the family code
Consent
- Freely given
o Not vitiated nor rendered defective
by fraud, violence, force, undue
influence, intimidation or mistake
- If vitiated with error, fraud, intimidation, etc.
o Merely voidable.
o However, if there is absolutely no
consent at all, as it was intended to
be a jest, the marriage is void
Formal requisites
- Authority of solemnizing officer
- Valid marriage license
o Except in a marriage of exceptional
character
- Marriage ceremony
o Takes place with the
▪ Personal appearance of the
contracting parties before the
solemnizing officer
▪ Their personal declaration
that they take each other as
husband and wife
▪ In the presence of not less
than 2 witnesses of legal age
Effects of absence of requisites
- Absent any of the essential requisites
o Void ab initio
- Absent any of the formal requisites
o Void ab initio
▪ XPN: Valid even in the
absence of formal requisites
• Marriages which are
exempted from
obtaining a marriage
license
• In case either or both
parties believed in
good faith that the
solemnizing officer
had the proper
authority
- Defect in any of the essential requisites
o Voidable
- Irregularity in any of the essential requisites
o Valid
▪ Parties responsible shall be
civilly, criminally or
administratively liable
Irregularities in the formal requisites
- Marriage solemnized by a judge outside the
court’s jurisdiction
- Presence of only 1 witness
- Lack of legal age of witness
- Failure to comply with the procedural
requirements under article 12
- Non-observance of 3 month period under
article 15
- Failure to comply with the requirements of
notice under article 17
Authority of solemnizing officer
- Those solemnized by any person not legally
authorized to perform marriages are void
o Exception
▪ The marriage was contracted
with either or both parties
believing in good faith that
the solemnizing officer has
the legal authority to do so
Persons authorized to solemnize marriages
- Any incumbent member of the judiciary
within the court’s jurisdiction
- Priests, rabbis, ministers of any church
- Ship captains or airplane chiefs or pilot
- Military commanders of a unit
- Consul generals, consuls or vice consuls
- Duly elected mayors of cities and
municipalities pursuant to the LGC
Valid marriage license
- Required in order to notify the public that 2
persons are about to be united in matrimony
and that anyone who is aware or has
knowledge of any impediment to the union
of the two shall make it known to the local
civil registrar
- Must include
o Full name of the parties
o Place of birth
o Age and date of birth
o Civil status
o If previously married
▪ How, when and where it was
dissolved or annulled
o Present residence or citizenship
 o Degree of relationship of contracting
parties
o Full name, residence and citizenship
of the father
o Full name, residence and citizenship
of the mother
o Full name, residence and citizenship
of the guardian or person having
charge, in case the contracting party
has neither father nor mother and is
under the age of 20
- Validity
o Valid anywhere in the Philippines for
a period of 120 days from date of
issue
o Deemed automatically cancelled
after 120 days from date of issue
- Exemption
o In articulo mortis
o In remote places
Void marriages
- Those which are inexistent from the very
beginning
- Void without need for any judicial
declaration except for purposes of
remarriage
Kinds of void marriages
- Absence of any of the essential or formal
requisites
- Incestuous marriage
- Void marriages by reason of public policy
- Subsequent marriages that are void
Absence of any of the essential or formal requisites
- Contracted by parties below 18
- Solemnized by any person not legally
authorized to do so
o XPN: unless such marriage was
contracted with either or both
parties believing in good faith that
the solemnizing officer has the legal
capacity to do so
- Solemnized without a license
o XPN: mortis cause and remote places
- Bigamous or polygamous marriage
- Contracted through mistake of one of the
contracting parties as to the identity of the
other
- Subsequent marriages under article 53
Bigamous marriage
- Marriage contracted during the existence of
a previous marriage
- General rule
o A marriage contracted by any person
during the subsistence of a previous
valid marriage shall be null and void
- Exception
o Unless the requisites for the
declaration of presumptive death
concur and the present spouse
secured a judicial declaration of
presumptive death prior to
contracting the subsequent marriage
Subsequent marriage
- Valid if
o Prior spouse had been absent for 4
consecutive years or 2 years where
there is danger of death under the
circumstances stated in article 391
o Spouse present had well-founded
belief that absent spouse was already
dead
o Spouse present obtained a judicial
declaration of presumptive death
Other void marriages
- Marriages in a play, drama or movie
- Marriages between same sex
- Marriages in jest
- Common law marriage
- Marriages between person of the same sex,
even if celebrated abroad
- Marriages where parties merely signed a
marriage contract
- Marriages where the parties did no
personally appear before the solemnizing
authority
Annulment
- A marriage contract by any party who at the
time of the celebration, was psychologically
incapacitated to comply with the essential
martial obligations of marriage, shall likewise
be void even if such incapacity becomes
manifest only after its solemnization
Andal vs Andal
- Burden of proof to show nullity of marriage
belongs to the plaintiff
o Any doubt should be resolved in favor
of the existence and continuation of
the marriage and against its
dissolution and nullity
- Root cause of psychological incapacity must
be
o Medical or clinical
o Alleged in the complaint
o Sufficiently proven by experts
o Clearly explained in the decision
- Juridical antecedence
o Incapacity must be proven existing at
the time of celebration of marriage
- Incurability
o Incapacity must be permanent or
incurable
- Gravity
o Incapacity must be grave enough to
bring about the disability of the party
to assume the essential obligations of
marriage
Incestuous marriage subsequent marriage, the absentee
- Marriage is void is celebrated between spouse is still alive
parties whether their relationship is - Effect
legitimate or illegitimate o Subsequent marriage is void
o Between ascendants and o All donations by reason of marriage
descendants of any degree and testamentary dispositions made
o Between brother and sisters, by one in favor of the other is revoked
whether full or half-blood by operation of law
o Parties are liable for the crime of
Void marriages by reason of public policy bigamy
- When a party fails to secure a judicial
declaration of nullity for the prior marriage Void and voidable marriages
before contracting a subsequent marriage,
the subsequent marriage is also void and is Void Voidable
liable for the crime of bigamy Status Void ab initio Valid until
- General rule annulled
o A marriage contracted by any person PetitionDeclaration of Annulment of
during the subsistence of a previous filed nullity of marriage
valid marriage shall be null and void marriage
- Exception Who may Solely by the Offended
o Unless the requisites for the file husband and wife spouse
declaration of presumptive death
concur and the present spouse XPN: Any real XPN:
secured a judicial declaration of party in interest -
Parents
presumptive death prior to only in the or
contracting the subsequent marriage following cases guardian
- Issuance of a marriage license to a widow - Nullity of in case of
o No marriage licensed shall be issued marriage insanity
to a widow till after 300 days cases -
Parents
following the death of the husband commenc or
unless in the meantime=, she has ed before guardian
given birth to a child the march before
- Effect of reappearance 15, 2003 the party
o General rule - Marriages reaches
▪ Subsequent marriage is celebrate 21 years
automatically terminated and d during old on
without need of a judicial the the
proceeding by recording the effectivity ground
affidavit of reappearance in of the civil of lack of
the civil registry code parental
o Exception authorit
▪ Unless the previous marriage y
has been annulled or Prescriptiv No prescriptive Within 5 years
declared void e period period from discovery
- Failure to execute and record the affidavit of of the ground
reappearance
o Will not terminate subsequent XPN:
marriage - Lifetime
of the
Both spouses to the subsequent marriage is in bad spouse
faith in case of
- Requisites insanity
o Prior spouse has been absent for 4 - Before
consecutive years or 2 years where the party
there is danger of death under article reaches
391 21 in
o Present spouse has obtained a cases
judicial declaration of presumptive where
death parents
o Both present spouse and the second or
spouse acted in bad faith, meaning guardian
they knew at the time of the s may file
 annulme from acting as a free
nt agent
Judicial Not necessary necessary • Free will is destroyed
declaratio by fear or compulsion
n XPN: In case of ▪ Intimidation
remarriage • One of the contracting
parties is compelled
Voidable marriages by a reasonable and
- Are considered valid and produces all its civil well-grounded fear of
effects until it is set aside by final judgement an imminent and
of a competent court in an action for grave evil upon the
annulment person or property or
- General rule upon those of his
o Defects of a voidable marriage. Can spouse, descendant
be ratified by free cohabitation or or ascendant to give
prescription consent
- Exception ▪ Undue influence
o Following defects are not subject to • A person takes
ratification improper advantage
▪ Impotency which appears to of his power over the
be incurable will of another
▪ STD that is found to be depriving him of a
serious and incurable reasonable freedom
- Exception to the exception to decide
o These defects may be subjected to • Requisites
prescription o Must be the
- Grounds for annulment determining
o Below 18 years of age cause of the
o Unsoundness of mind contract
o Fraud o Unjust or
o Force, intimidation or undue unlawful
influence o Serious or
o Impotence grave
o Std o must produce
a reasonable
Grounds under article 45 and well-
- Must exist at the time of marriage grounded fear
o Absence of parental consent from the fact
▪ When parties are 18 but that the
below 21 person who
o Unsoundness of mind employed it
▪ Sane spouse can file an action has the
for annulment only if they necessary
have knowledge of other means to
spouse’s insanity at the time inflict the
of the marriage otherwise threatened
only the relatives or the injury
insane spouse may file o Impotence
▪ May be ratified if insane ▪ must be a continuing and
spouse after coming to incurable physical incapacity
reason, freely cohabits with of consummating the
the other spouse marriage from the time of the
o Fraud marriage up to the time of
▪ Non-disclosure or filing a petition for annulment
concealment of certain ▪ Action must be brought by
circumstances when the potent spouse who us
materiality can affect the unaware of the others
essence of the marriage impotency
o Consent was obtained by force, o Sexually transmitted disease if
intimidation or undue influence incurable
▪ Force ▪ Requisites
• Must be one as to • Must have existed at
prevent the party the time of the
 celebration of the
marriage
• Serious and appears
to be incurable
• Unknown to both
parties at the time of
the marriage

Circumstances constituting fraud in marriage

- Non-disclosure of a previous conviction by
final judgement of the other party of a crime
involving moral turpitude
o Moral turpitude
▪ Any act done contrary to
justice, honesty, principle or
good morals or an act of
baseness, vileness or
depravity in private and social
duties which a man owes to
his fellowmen or to society in
general, contrary to the
accepted and customary rule
of right and duty between
man and man
- Concealment by the wife of the fact that at
the time of the marriage, she was pregnant
by a man other than her husband
- Concealment of STD, regardless of its nature,
existing at the time of the marriage
- Drug addiction
o Requisites
▪ Existing at the time of the
celebration of the marriage
▪ Continuous
▪ Appears to be incurable
▪ Unknown to the other spouse
at the time of the marriage
▪ Case is filed within 5 years
from discovery
 Property relation of the spouses

Marriage settlements
- A contract entered by the future spouses
fixing the matrimonial property regime that
should govern during the existence of the
marriage
- Regime of absolute community
- Conjugal partnership of gains
- Complete separation of property
- Any other regime

Requisites for a valid settlement

- In writing
- Signed by parties
- Must not contain provisions contrary to law,
goods morals, good customs, public order,
public policy or against the dignity of either
spouse
o Must not be prejudicial to 3rd persons
- Executed before the celebration of the
marriage
- Fixing the terms and conditions of their
property relation
- Registration
- Additional signatures

Commencement of property regime

- At the precise moment of the celebration of
the marriage

Effect if marriage does not take place

- General rule
o Settlement shall be void
- Exception
o Stipulations that not depends on the
celebration of the marriages shall be
valid

Applicable law for marriage settlement

- General rule
o In the absence of a contrary
stipulation in a marriage settlement,
the property relations of the spouses
shall be governed by Philippine laws,
regardless of the place of their
celebration of marriage and
residence
- Exceptions
o Spouses are aliens
o With respect to the extrinsic validity
of contracts affecting property
▪ Not situated in PH and
executed in the country
where property is located
▪ Situated in a foreign country
whose law require different
formalities for its extrinsic
validity
 Property relations of spouses
Property regimes
- Absolute community of property
- Conjugal partnership of gains
- Absolute separation of property
- Combination of the above
- Any other regime within the limits of the FC
Absolute community of property regime
- Settlement where spouses are considered
co-owners of all property brought into the
marriage which are not otherwise excluded
from the community property either by the
provisions of the family code or by the
marriage settlement
- Applies when
o Agreed upon by parties
o Do not choose any economic system
of property regime
o When marriage settlement is void
- Commencement
o Precise moment of celebration of
marriage
Community property
- Consists of all property owned by the
spouses at the time of the marriage or
acquired thereafter
- Exception
o Property acquired during the
marriage by gratuitous title by either
spouse
o For personal and exclusive use
▪ Except jewelry
o Acquired before marriage by either
spouse who has legitimate
descendants by a former marriage
o Those excluded from the absolute
community as in the marriage
settlement
Liability of ACP
- Support of spouse, common children,
legitimate children of either spouse
- IC shall be governed by the provisions of the
code on support
- All debts and obligations contracted during
the marriage
- Debts and obligations contracted by either
spouse without the consent of the other
- Taxes, liens, charges and expenses
- Taxes and expenses for mere preservation
- Expenses of either spouse to commence or
complete a professional or vocational court
- Antenuptial debt
- Value of what is donated or promised by
both spouses
- Advances of the debtor-spouse upon
liquidation of the community
- Expenses of litigation between spouses
unless the suits found to be groundless
Procedure on liquidation of the ACP and liabilities
- Inventory of all ACP properties and exclusive
properties of spouses
- Payments of debts and obligation of the ACP
- Delivery of exclusive properties to spouses
o Whatever remains of the exclusive
properties
- Net remainder = Net assets of ACP
o GR: net remainder of all properties of
the ACP which shall be divided
equally between spouses
o XPN: unless a different proportion or
division was agreed upon
o There has been a voluntary waiver of
such share
o Share of the guilty spouse is forfeited
- Delivery of presumptive legitimes of the
common children
- Adjudication of conjugal dwelling and lot
Effect of termination of ACP due to death of one
spouse
- ACP shall be liquidated within 1 year from
death of the deceased spouse in the same
proceeding for the settlement of the estate
of the deceased
- If no judicial settlement proceedings is
instituted, the surviving spouse shall
liquidate the community property
Conjugal partnership of gains regime
- A partnership established through the
marriage of a man and a woman who as
partners, place in a common fund
o Proceeds, products, fruits and
income of their separate properties
o Extrajudicially within 1 year from the
death of the deceased spouse
▪ If there are debts
• Surviving spouse must
file a proceeding for
settlement of estate
o If upon the lapse of the 1 year period
no liquidation is made
▪ Any disposition or
encumbrance involving the
community property of the
terminated marriage shall be
void
o If surviving spouse contracts a
subsequent marriage without
liquidating the acp or cpg
▪ Mandatory regime of
complete separation of
property shall govern the
property relations of the
subsequent marriage
Presumption of CPG
- All property acquired during the marriage is
presumed to be conjugal unless the contrary
is proved
Commencement of CPG
- Moment marriage is celebrated
Constitutes CPG
- Acquired by the spouses
o Onerous title during marriage at the
expense of the common fund
o Labor, work, profession or industry of
either or both spouse
o Fruits due or received during
marriage from common property
o Share of either spouse in hidden
treasure
o Through occupation
o Livestock existing upon dissolution of
conjugal partnership of gains in
excess of number of each kind
Exclusive property of each spouse
- Those brought to the marriage as his or her
own
- That which each acquired during the
marriage by gratuitous title
- That which is acquired by right of
redemption, by barter or by exchange with
property belonging to one of the spouses
and that which is purchased with exclusive
money of the wife or of the husband
- Amount of principal which may be collected
during the marriage
- Exception
o Interests falling due during the
marriage on the principal shall
belong to the conjugal partnership
Rules on transfer of exclusive property under CPG
- Either spouse may transfer the
administration to the other by means of a
public instrument
- Spouse may mortgage, encumber, alienate
or dispose of their EP without the consent of
the other spouse
- Alienation of any EP of a spouse
administered by the other automatically
terminates the administration over such
property
Donation of exclusive property
- Property donated or left by will to the
spouse, jointly and with designation of
determinate shares, shall pertain to the
donee-spouses as their own EP
- If donations are onerous, amount of charges
shall be borne by the EP of the donee spouse
Ownership of property bough through installment
- Paid partly from exclusive funds of the
spouses and party from conjugal funds
o Full ownership vested prior to
marriage
▪ Shall belong to the buyer
spouse
o Full ownership vested during the
marriage
Rules on ownership of improvements
- Will apply when
o If there is an improvement made on
the separate property whether for
utility or adornment
o At the expense of the partnership or
through the acts or efforts of either
or both spouses
o Improvement is made during the
marriage
Accession
- When cost of the improvement made by
conjugal partnership and any resulting
increase in the value are less than the value
of the property at the time of the
improvement the entire property remains
the exclusive property of the spouse
Reverse accession
- When the cost of improvement made by the
conjugal partnership and any resulting
increase in the value are more than 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.
o Subject to reimbursement of the
value of the property of the owner-
spouse at the time of the
improvement
Liquidation of conjugal partnership
- An inventory of all the CPG properties and
exclusive properties of each spouse;
- The benefits received by a spouse from the
CPG during the marriage are retumed to the
CPG
- Reimbursement for the use of exclusive
funds/exclusive property, ownership of
which has been vested in the OPG;
- Payment of debts and obligations of the
conjugal partnership;
o (Art, 129) In case of insufficiency of
said assets, the spouses shall be
solidarily liable for the unpaid
balance with their separate
properties, taking into consideration
the charges and obligations upon the
ACP (Art. 121, FC).
- Delivery of exclusive properties to spouses;
- Payment of loss or deterioration of movables
used for the benefit of the family, belonging
to either spouse, even due to fortuitous
event
- Net remainder = Net profits of CPG
- Delivery of presumptive legitimes of children
- Adjudication of conjugal dwelling and lot
o In accordance with agreement of the
parties
 o If no agreement, it shall be
adjudicated to the spouse with
whom the majority of the common
children choose to remain
Net remainder of the properties of the CPG
- Shall be divided equally between the
husband and wife
- Exception
o Unless a different proportion or
division was agreed upon in the
marriage settlement
o There has been a voluntary waiver of
such share provided in this code
o The share of the guilty spouse is
forfeited
Presumption
- Children below 7 are deemed to have chosen
the mother unless the court has declared
otherwise
Effect of termination of CPG due to death of one of
the spouses
- Community property shall be liquidated
within 1 year from the death of the deceased
spouse in the same proceeding for the
settlement of the estate of the deceased
Failure to liquidate
- Subsequent marriage of surviving spouse a
mandatory regime of complete separation of
property shall govern the property regime of
said marriage
Provisions common to ACP and CPG
- Prohibition of waiver of rights, interests,
shares and effects
o No waiver of rights, interests, shares
and effects of the absolute
community of property during the
marriage
o Exception
▪ In case of judicial separation
of property
▪ 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 shall be recorded in the
office of the LCR where the
marriage contract was
recorded as all as in the
proper registry of property
Remedy of creditors in case of waiver of debtor-
spouse
- Creditor of the spouse who made such
waiver may petition the court to rescind the
waiver to the extent of the amount sufficient
to cover the amount of their credits
Charges upon the obligation of absolute community
property and conjugal property
- Debts
o All debts and obligations contracted
during the marriage by
▪ Designated administrator-
spouse for the benefit of the
community or
▪ By both spouses
▪ By one spouse with the
consent of the other
o Debts and obligations contracted by
either spouse without the consent of
the other to the extent that the
family may have been benefited
o Ante-nuptial debts of either spouse
insofar as they have redounded to
the benefit of the family
o Ante-nuptial debts of either spouse
other than those falling under the
above stated such as
▪ Support of IC of either spouse
▪ Liabilities incurred by either
spouse by reason of a crime
or a QD
- Education and self-improvement
o Expenses to enable either spouse to
commence or complete a
professional vocational or other
activity for self-improvement
- Expenses of litigation between the spouses
unless the suit is found to be groundless
- Taxes
o All taxes, liens, charges and expenses
including major or minor repairs,
upon the community property
o All taxed and expenses for mere
preservation made during marriage
upon the separate property of either
spouse used by the family
- Support
o Support of the spouses, their
common children and legitimate
children of either spouse
Payment of personal debts
- General rule
o Contracted by husband or wife
before or during the marriage shall
not be charged to the conjugal
property
- Exception
o Redounded to the benefit of the
family
o Fines and indemnities imposed upon
them
o Support of IC of either spouse
Administration of community property
- Joint
- Sole
o Only when
▪ One spouse is incapacitated
 ▪ Other spouse is unable to
participate in
administration of
common properties
▪ During the pendency of a
legal separation case
▪ If one of the spouses
abandons the other or fails to
comply with his/her
obligations to the family
Limitations to sole administration
- No power to dispose
community/conjugal partnership property
- No power to encumber community/conjugal
partnership property
- Exceptions
o With court authority
o With written consent of either
spouse
Donation and disposition of conjugal properties
- Either spouse may dispose by will of his or
her interest in the community property
- Neither spouse may donate any community
property without the consent of the other
- Exception
o Moderate donations for
▪ Charity
▪ Occasions of family rejoicing
▪ Family distress
o In the absence of sufficient
the community property
the ▪ Separate property of spouses
shall be solidarily liable for
the support of the family
Abandonment
- Leaving the conjugal dwelling with no
intentions of returning
- Presumption
o If spouse who left the conjugal
the dwelling left for a period of 3 months
or has failed within the same period
to give any information as to his
whereabouts shall be prima facie
presumed to have no intention of
returning to the conjugal dwelling
- Remedy for aggrieved spouse
o Receivership
o Judicial separation of property
o Authority to be the sole
administrator of the absolute
community

Grounds for termination of ACP

- Death of either spouse
- Decree of legal separation
- Marriage is annulled or declared void
- Judicial separation of property on the ground
of
o Civil interdiction
o Declared absentee
o Loss of parental authority
o Abandonment and failure to comply
with familial obligations
o Abuse of power of administration
o At the time of the petition, spouses
are separated in fact for at least 1
year and the possibility of
reconciliation is highly improbable

Separation de facto
- Separation in fact between spouses shall not
effect the regime of ACP or CPG
- Effects
o Spouse who leaves the conjugal
home or refuses to live there without
just cause
▪ No right to be supported
o Consent of one spouse to any
transaction of the other is required
by law
▪ Judicial authorization shall be
obtained in a summary
proceeding
 Support Characteristics of the right to support
- Not subject to levy upon attachment o
Support execution
- Comprises everything indispensable for the - Cannot be renounced nor transmitted to a
following in keeping with the financial 3rd person
capacity of the family - Cannot be subject of compromise
o Food or sustenance - Cannot be extinguished by setting up
o Dwelling or shelter compensation against creditor who has a
o Clothing claim for support due by gratuitous title
o Medical attendance
o Education
o Transportation

Education
- Includes the schooling or training for some
professing, trade or vocation of the person
entitled to be supported even beyond the
age of majority

Persons obliged to support each other

- Spouses
- Legitimate ascendants and descendants
- Parents and their children
- Legitimate brothers and sisters
- Brothers and sisters not legitimately related

Exception
- When the need for support of the
brother/sister being of age, is due to cause
imputable to the claimants fault or
negligence.

Support is chargeable to the ACP or CPG

- Spouses
- Common children of the spouses
- Legitimate children of either spouse

Support is chargeable to the separate property f

persons obliged to give support
- Illegitimate children
- Legitimate ascendants
- Descendants
- Brothers and sisters

Order of support
- When 2 or more persons are obliged to give
support, this is the order
o Spouse
o Descendants in the nearest degree
o Ascendants in the nearest degree
o Brothers and sisters

Amount of support
- Proportion to the
o Resource or means of the giver
o Necessities of the recipient

When support is demandable

- Time person who has a right to receive the
same needs it for maintenance but shall not
be paid except from the date of judicial or
extrajudicial demand
 Parental authority o Possess all above mentioned
qualifications
Concept o Resided in the PH for at least 12
- The juridical institution whereby parents continuous months at the time of
rightfully assume control and protection of application
their unemancipated children to the extent o Undertake to maintain such
required by the latter’s needs. residence until termination of
- Natural right and duty of parents over the placement by the DSWD or expiration
person and property of their unemancipated of foster family care license
children, parental authority and
responsibility shall include
o Taking care of children
o Rearing them for civic consciousness
and efficiency
o Development of their moral, mental
and physical character and well-being

Substitute parental authority

- Parental authority over persons designated
by law may exercise over the person and
property of unemancipated children in case
of death, absence or unsuitability of both
parents
- Exercised by
o Surviving grandparent
o Older brother/sister over 21 unless
unfit/dqed
o Childs actual custodian over 21
unless unfit/dqed
o In case of foundlings, abandoned,
neglected or abused children
▪ Heads of children’s homes,
orphanages and other similar
places
o Foster parent

Foster parent
- Has rights, duties and liabilities of person
exercising substitute parental authority
- Person duly licensed with the DSWD to
provide foster care
- Qualifications
o Legal age
o 16 years older than the child unless a
relative of said child
o Must have genuine interest, capacity
and commitment in parenting
o Must have healthy and harmonious
relationship with each family
member
o Be of good moral character
o Be physically and mentally capable
and emotionally mature
o Must have sufficient resources to be
able to provide for the family
o Must be willing to further hone or be
trained on knowledge, attitudes and
skills in caring for a child
o Must not already have the maximum
number of children
- Qualification for aliens
o Legal documentation
 Surnames

Surnames
- General rule
o No person shall use a different
surname
- Exception
o Employment of pen names or stage
names is permitted provided it is
done in good faith and there is no
injury to 3rd persons.

Surnames of children
- Legitimate and legitimated children shall
principally use the surname of the father
- Adopted child shall bear the surname of the
adopter
- Illegitimate children shall bear the surname
of the mother
- Children conceived before the decree
annulling a voidable marriage shall
principally use the surname of the father
- Illegitimate children have the right to choose
whether to use the surname of the father or
not

Married woman may use

- Maiden first name and surname and add
husbands surname
- Her maiden first name and her husband’s
surname
- Her husband’s full name but prefixing a word
indicating that she is his wife such as MRS.

In case of annulment of marriage

- If wife is guilty
o Resume her maiden name and
surname
- If wise is innocent
o May use her maiden name and
surname or continue employing her
spouses surname unless the court
decrees otherwise or is she or her
husband remarries
- If legal separation has been granted
o Wife shall continue using her name
and surname employer before the
legal separation

Surnames of widows
- Widows may continue to use the surname of
the deceased husband
Legal separation From PIL, grounds are From PIL, grounds are
- The separation of spouses from bed and generally given in the those given by national
board lex loci celebrationis law
- Partial suspension of marital relations
- Marriage bond still exists as the marital Grounds for legal separation
bonds are not severed as in the case of - Repeated physical violence or grossly
annulment or petition for nullity abusive conduct directed against the
petitioner, a common child or a child of the
Kinds of divorce petitioner
- Absolute - Physical violence or moral pressure to
o Marriage is dissolved compel the petitioner to change religious or
- Relative political affiliation
o Legal separation - Attempt of respondent to corrupt or induce
o Marriage is not dissolved the petitioner, a common child or a child of
o Parties are merely separated from the petitioner to engage in prostitution or
bed and board connivance in such corruption or
inducement
If action for absolute divorce is brought here in the - Final judgement sentencing the respondent
Philippines to imprisonment of more than 6 years even
- Between filipinos if pardoned
o Will not prosper - Drug addiction or habitual alcoholism of the
- Between foreigners respondent
o Will not prosper - Lesbianism or homosexuality of the
- Between a filipino and a foreigner respondent
o Will not prosper - Contracting by the respondent of a
subsequent bigamous marriage, whether in
If the action is brough in a foreign country the PH or abroad
- Between filipinos - Sexual infidelity or perversion
o Will not be recognized here even if - Attempt by the respondent against the life of
allowed in the foreign country and the petitioner
even if the ground be either adultery - Abandonment of petitioner by respondent
on the part of the wife or without justifiable cause for more than 1
concubinage on the part of the year
husband
- Between foreigners Grounds for denial of petition for legal separation
o Recognized as valid by the personal - Where the aggrieved party has condoned
law of the parties involved, that is, if the offense or act complained of
valid according to their national law - Where the aggrieved party has consented to
or the law of their domicile, the commission of the offense or the act
depending on the theory adopted by complained of
their countries - Where there is connivance between the
- Between a filipino and foreigner parties in the commission of the offense or
o If obtained by either the filipino or act constituting the legal grounds for legal
foreigner and valid according to his separation
personal law or the filipino, it is valid - Where both parties have given ground for
for both the foreigner and the filipino legal separation
- Where there is collusion between the parties
Annulment and legal separation to obtain decree of legal separation
- Where the action is barred by prescription
Annulment Legal separation - Reconciliation
Marriage was defective No defect in the
at the very beginning marriage at the Cooling-off period
beginning - Action for LS cannot be tried before the 6
Cause for annulment Cause for legal months has elapsed since the filing of the
must already be separation arises after petition
existing the marriage - Exception
celebration o There is no cooling-off period if the
7 grounds 10 grounds ground alleged are those under
Dissolves the marriage Marriage remains and VAWC
bond and parties are the parties are not
free to re-marry allowed to re-marry
Effect of filing petition
- Spouses entitled to live separately
- No right to have sexual intercourse with
other spouse
- If no agreement, court shall issue who
manages the ACP or CPG

Effects of pendency of action

- Court shall provide for
o Support of spouses
o Custody of children
o Visitation rights of other spouse

Effects of decree or legal separation

- Spouses entitled to live separately
- Marriage bond shall not be severed
- Dissolution and liquidation of property
regime
- Offending spouse has not right to the net
profits and such will be forfeited
- Custody of minor children shall be awarded
to the innocent spouse
- RA 9262 prohibits the awarding of custody of
minor children to the perpetrator of a
woman who is suffering from battered
woman syndrome
- Disqualification of the offending spouse to inherit from
the innocent spouse by intestate succession. The
provisions in favor of the offending spouse made in the
will of the innocent spouse shall be revoked by
operation of law; (Art. 63 FC)
- Innocent spouse may revoke the donations (within five
years from the time the decree of legal separation has
become final) made by him in favor of the offending
spouse. However, alienations, liens and
encumbrances registered in good faith before the
recording of the complaint for revocation in the
registries of property shall be respected; (Art. 64, FC)
- Innocent spouse may revoke the designation of the
offending spouse as the beneficiary in any insurance
policy, even if the designation be irrevocable (Art. 64,
FC).
- Pursuant to Art. 198, FC, obligation for mutual support
ceases but guilty spouse may be ordered to give
support to the innocent one; and
- Wife continues to use her name and surname before
the legal separation.

Effect of reconciliation
- On their personal relation
o Resumption of cohabitation and
martial relations
- On the proceedings for decree of LS
o LS proceedings shall be terminated if
pending
o Final decree of LS shall be set aside
o Court order containing the foregoing
shall be recorded in the proper civil
registries