Persons and Family Tables

Defective Marriages
VOID VOID (ART. 40) VOIDABLE/ANNULLABLE TERMINATED LEGAL SEPARATION
Grounds 1. Art. 35 Art. 40: Contracting Art. 45: Art. 42: Art. 55:
a. Below 18 years of a subsequent 1. Marriage was contracted by party aged Subsequent valid 1. Repeated physical violence or grossly
b. Solemnized by a person without marriage without first 18-21 bigamous marriage abuse of conduct
authority obtaining a judicial 2. Insanity (unsound mind under Art. 41 shall be 2. Physical violence or moral pressure to
c. No marriage license declaration of nullity 3. Fraud (Art. 46) terminated compel petitioner to change religious/
d. Bigamous/Polygamous for the previous void a. Non-disclosure of a previous automatically upon political affiliation
e. Mistake in Identity marriage conviction by final judgment of a crime the recording of the 3. Attempt to corrupt or connivance in
f. Void under Art. 53 involving moral turpitude affidavit of corruption to engage in prostitution
7. Art. 36: Psychological Incapacity b. Concealment by the wife of the fact reappearance of the 4. Final judgment sentence of more than
8. Art. 37: Incestuous that at the time of marriage by a man absent spouse 6 years, even if pardoned
9. Art. 38: Against Public Policy other than her husband (with bad faith) 5. Drug addiction or habitual alcoholism
10. Art. 44: Both parties are in bad faith c. Concealment of sexually transmissible 6. Lesbianism or homosexuality
in the subsequent valid bigamous disease, regardless of its nature 7. Contracting a subsequent bigamous
marriage d. Concealment of drug addiction, marriage
11. Art. 53: Failure to comply with the habitual alcoholism or homosexuality/ 8. Sexual infidelity or perversion
requirements of Art. 52, regarding lesbianism 9. Attempt against the life of the
recording in the proper civil registry 4. Vitiated consent (force, intimidation, or petitioner
undue influence 10. Abandonment for more than 1 year,
5. Physical incapacity to consummate without justifiable cause
marriage
6. Either party was afflicted with a sexually
transmissible disease that is serious or
incurable
Prescriptive Act. 39: Action or defense for the declaration of absolute nullity Art. 47: Art. 42: Terminated Art. 57: Within 5 years from the time of
Period does not prescribe 1. No parental consent upon the the occurrence of the cause
• If suit will be filed by parents/ reappearance of the
SC Res. No. 02-11-10: Took effect on March 15, 2003, provides guardians, anytime the no-consent subsequent spouse
that for marriages celebrated during the effectivity of the Family party reaches the age of 21
Code, only the spouses may file an action for nullity, thus it is • If suit will be filed by no-consent party,
prescriptible within the lifetime of the parties within 5 years after attaining 21
2. Insanity
• If suit filed by Sane spouse provided
he had no knowledge of the insanity
during time of marraige or relatives/
guardian, at any time before death of
either party
• If by insane spouse, during his lucid
interval or after regaining sanity
3. Fraud
• By the injured party, within 5 years
after the discovery of the fraud
4. Vitiated consent
from the time the force, intimidation, or
undue influence disappeared/ceased
5. Physical incapacity to consummate
marriage/Incurable STD
after the marriage ceremony
Clarence Tiu, Ateneo Law 1-B, Batch 2017 !1 Persons and Family Relations
Direct Attack SC Res. No. 02-11-10: Took effect on March 15, 2003, provides Art. 47: (see enumeration in prescriptive Art. 42: Any Only the innocent party can file a case
that for marriages celebrated during the effectivity of the Family period above.) interested party for legal separation (Inferred from Art. 55)
Code, only the spouses may file an action for nullity. may file the affidavit
of reappearance but
When is Direct Attack needed/Judicial declaration of nullity he should have a
needed: direct interest in the
1. Art. 40: For purposes of remarriage former or subsequent
2. Art. 43/50: For purposes to consider the donation propter marriage
nuptias void by operation of law
3. Art. 86: For the donor to revoke the donation propter nuptias.
Not necessary but allowed:

Ninal vs Bayadog (2002): For other purposes such as
determination of heirship, legitimacy, or illegitimacy of the child,
settlement of the estate, etc. The clause in Art. 40 connotes that
such final judgment need not be obtained only for purpose of
remarriage
When is Direct attack needed/Judicial declaration of nullity

needed
4. Art. 40: For purposes of remarriage
5. Art. 43/50: For purposes to consider the donation propter
nuptias void by operation of law
6. Art. 86: For the donor to revoke the donation propter nuptias.
Not necessary but allowed:

Ninal vs Bayadog (2002): For other purposes such as
determination of heirship, legitimacy, or illegitimacy of the child,
settlement of the estate, etc. The clause in Art. 40 connotes that
such fianl judgment need not be obtained only for purpose of
remarriage
Collateral Allowed, any party of real interest can collaterally attack where Not allowed, such marriage can only be N/A N/A
Attack determination of validity of marriage is necessary to give rise to attacked by a direct suit since in spite of its
certain rights or to negate certain rights annulment, it is deemed valid until annulled.
Ratification Void marriages cannot be ratified Art. 45: N/A N/A

1. No-consent of party 18-21 years
• No-consent party may ratify after
upon reaching the age of 21 by free
cohabitation
2. Insanity
• Can only be ratified by the insane
spouse upon after coming to reason
by free cohabitation
3. Fraud
• Upon knowledge/discovery of the
injured spouse of the fraud, can be
ratified by free cohabitation
4. Vitiated consent
• Upon disappearance of the force,
intimidation, or undue influence, can
be ratified by the injured spouse by
free cohabitation
5. Physical incapacity to consummate/
Incurable STD
• Cannot be ratified by the parties,
ratified only once it passes the
prescriptive period for annulment
Status of Void ab initio Valid until annulled Valid until terminated No dissolution of marriage, only bed and
Marriage extra-judicially board separation
Status of Illegitimate, except in cases of void under Art. 36 and 53. Art. 54: Legitimate provided they are Art. 43: Legitimate if Legitimate
Children conceived/born prior to the final and executory conceived or born
Art. 54: Children born under void marriages Art. 36 and 53 are judgment of annulment prior to termination
legitimate provided they are conceived/born before the final and
executory judicial declaration of nullity
Dissolution, Art. 147 and 148 will govern Art. 43/50: Dissolved and liquidated with the respective property regime, as the case may be. Art. 63: Dissolved and liquidated but the
Liquidation, • Share spouse who was in bad faith in contracting the marriage in the net profits of the offending spouse has no right to any
and Art. 147: When only one of the parties community/conjugal property shall be forfeited in this order: share of the net profit earned by the
Distribution of to a void marriage is in good faith, the 1. Common children community/conjugal properties which will
Property share of the party in bad faith in the 2. Legitimate children of the guilty spouse by a previous marriage forfeited in accordance of Art. 43.
co-ownership shall be forfeited in 3. Innocent spouse
favour of their common children. Art. 102: Procedure to apply for
• In case of default or waiver by an or Art. 102: Procedure to apply for dissolution of ACP dissolution of ACP
all of the common children or their • For purposes of computing the net profits subject to forfeiture in accordance with Art. 43 • For purposes of computing the net
descendants, each vacant share and 63, the said profits shall be the increase in value between the market value of the profits subject to forfeiture in
shall belong to the respective community property at the time of the celebration of marriage and the market value at the accordance with Art. 43 and 63, the
surviving descendants. In the time of its dissolution. said profits shall be the increase in
absence of such descendants, such value between the market value of the
share shall belong to the innocent community property at the time of the
party. In all cases, the forfeiture shall celebration of marriage and the
take place upon termination of the market value at the time of its
cohabitation. dissolution.
Art. 148: If one of the parties is validly
married to another, his or her share in
the co-ownership shall accrue to the
absolute community or conjugal
partnership existing in such valid
marriage.
• If party in bad faith is not validly
married to another, his or her share
shall be forfeited in the manner
provided in the last paragraph of Art.
147. The foregoing rules on forfeiture
shall likewise apply even if both
parties are in bad faith.
Donations Art. 81: Donations made in the marriage Art. 43/50: Donations propter nuptias shall remain valid, except that if the donee contracted the Art. 64/86: Innocent donor spouse may
Propter Nuptias settlement shall be void if the marriage marriage in bad faith, such donations made to said donee shall be revoked by operation of revoke the donations made in favor of
does not take place. law offending spouse, who is the donee,
within 5 years from the time the decree of
Art. 86: Donation propter nuptias may be Art. 44/50: If both parties are in bad faith, all donations propter nuptias, shall be revoked by legal separation has become final Such
revoked by the donor if marriage is operation of law revocation shall be recorded in the
judicially declared void ab initio (Direct registries of property where the properties
attack/ judicial declaration of nullity Art. 86: Donations propter nuptias may be revoked by the donor if the marriage is are located
required). Revocation should be made annulled and the done acted in bad faith (Art. 43 or 86 may apply)
within 5 years from the moment the Art. 739: Donations between
marriage is not solemnized on a fixed persons who are guilty of
date. adultery or concubinage at the
time of donation shall be void.
Art. 1149 of the Civil Code provides that
where no period are fixed, all actions
must be brought within 5 years from the
time the right of action accrues.
Art. 44: If void under Art. 44, where both

parties are in bad faith in contracting the
subsequent marriage by virtue of the
declaration of presumptive death,
donations propter nuptias shall be void
and revoked by operation of law.
Designation as Art. 43/50: Innocent spouse may revoke the designation of the bad faith spouse as a Art. 64: Innocent spouse may revoke the
the beneficiary beneficiary in any insurance policy, even if such designation is stipulated as irrevocable. designation of the offending spouse as a
in an insurance beneficiary in an insurance policy, even if
policy stipulated as irrevocable. The revocation
shall take effect upon written notification
to the insured (Should be insurer)
Succession Art. 43/50: Spouse who contracted the marriage in bad faith shall be disqualified to inherit Art. 63: Offending spouse is disqualified
from the innocent spouse by testate and intestate succession. from inheriting by intestate
succession, testamentary provisions
Art. 44/50: If both spouses acted in bad faith, testamentary dispositions made by one in made to him will also be revoked by
favor of the other are revoked by operation of law operation of law
Delivery of the Not required for declaring the marriage Art. 50: Final judgment of nullity/annulment shall provide for the Not required
children’s void )to be in the judgment of nullity), but delivery of the children’s presumptive legitimes unless such matters
presumptive required for purposes of remarriage (Art. have been adjudicated in previous judicial proceedings
legitime 52 and 53)
Custody of Illegitimate children: Mother since father Art. 50: Written agreement by spouses, in the absence of which, the Art. 43: Determined Art. 63: Custody of the minor children
Children has no parental authority over illegitimate court will decide in this order of preference: by the Court shall be awarded to the innocent spouse
child. 1. Joint custody
2. Either parent, in consideration of paramount interest of child
Legitimate children under Art. 36 and 53: 3. Surviving grandparent
4. Eldest brother/sister over 21 years
5. Any other person deemed suitable
Note: Father has no parental authority over illegitimate child
Property Regimes
ABSOLUTE COMMUNITY OF CONJUGAL PARTNERSHIP OF COMPLETE UNIONS WITHOUT MARRIAGE
PROPERTY (ACP) GAINS (CPG) SEPARATION
OF PROPERTY PARTIES ARE PARTIES ARE
(CSP) CAPACITATED (NO INCAPACITATED
LEGAL IMPEDIMENT) (WITH LEGAL
IMPEDIMENT)
Relevant Will govern if: here was no marriage Will govern if: Can only govern if: When a man and a woman Marriages that fall under Art.
Information settlement or such settlement is void 1. Stipulated in the marriage settlement 1. Stipulated in the who are: 148
2. Marriages without a marriage settlement Marriage 1. Capacitated to marry 1. Man and woman living
prior to the family code Settlement each other together as husband and
2. Judicial Order 2. Live exclusively with wife, without the benefit
3. If one of the each other as husband of marriage, but are not
contracting and wife capacitated to marry
parties was had 3. Without the benefit of a each other
a former valid marriage or under 2. Adulterous relationship
marriage a void marriage even it occurred prior to
terminated by Marriages that fall under the effectivity of the
death and he Art. 147: Family Code (Atienza vs
failed to liquidate 1. Man and woman living De Castro)
the properties of exclusively as husband 3. Void under:
such previous and wife and are a. Art. 35 (1)- Under 18
marriage. capacitated to marry years
each other but did not b. Art. 35(4)-
contract marriage Bigamous/
2. Void under: Polygamous
a. Art. 35 (2)- c. Void under Art. 37,
Solemnized by Incestuous
person not d. Void under Art. 38,
authorized Against public policy
b. Art. 35 (3)-
Solemnized without
a marriage license
c. Art. 35 (5)- Mistake
in Identity
d. Void under Art. 36,
Psychological
Incapacity
e. Void under Art. 44,
Both parties are in
bad faith in
contracting the
subsequent valid
bigamous marriage
under Art. 41
f. Void under Art. 53,
Failure to comply
with Art. 52
IMPEDIMENT)
Composition Art. 91: Consists of all the property owned Art. 106: Proceeds, products, fruits, and income Art. 144: Property Art. 147: Structure of Art. 148: Structure of
(Inclusions) by the spouses at the time of celebration from their separate properties and those not agreed upon as property relationship: property regime: Limited
of the marriage or acquired thereafter acquired by either or both through their efforts separate shall Special type of co- co-ownership
• Unless provided in this chapter or in the or by chance. pertain to the ownership 1. Only the properties
marriage settlements absolute community. 1. Their wages and acquired by both of the
• Properties acquired through Art. 115: Retirement benefits, pensions, and salaries shall be parties through their
separate properties form part of the annuities if the spouse is entitled to is as a owned them in equal actual joint
community property since such are not matter of right. shares contribution of money,
classified as excluded under Art. 91 and 2. Property acquired property, or industry
92. Art. 116: All property acquired during the while they lived shall be owned by them
marriage, whether the acquisition appears to together shall be in common in
Art. 95: Winnings from games of chance have been made, contracted, or registered in presumed to have proportion to their
the name of one or both spouses, is presumed been obtained by their respective contribution
Art. 93: Property acquired during the to be conjugal unless the contrary is proved. joint efforts, work, or 2. The respective shares
marriage will always be presumed to be industry, and shall be of the parties over the
community property unless it is proved that Art. 117: The following are considered conjugal owned by them in properties owned in
it is one of those excluded therefrom partnership properties equal shares. common are presumed
a. Those acquired by onerous title during the • Only upon the to be equal. However,
marriage at the expense of the common absence of proof will proofs may be shown
fund the presumption to show that their
b. Obtained from the labor, industry, work, or arise contribution and
profession and occupation such as fishing • For purposes of this respective shares are
or hunting article, a party who not equal. Without
c. The fruits, natural, industrial, or civil, due or did not participate in proof of actual
received during the marriage from the the acquisition by contribution by both
common property, as well as the net fruits the other party of parties, there can be no
from the exclusive property of each any property shall be presumption of co-
spouse. deemed to have ownership and equal
d. Share of either spouse in the hidden contributed jointly in sharing. (Villanueva vs
treasure which the law awards to the finder the acquisition CA)
or owner of the property where the thereof it the • Proof of contribution
treasure is found former's efforts necessary, no
e. Livestock existing upon the dissolution of consisted in the care presumption of joint
the partnership in excess of the number of and maintenance of contribution.
each kind brought to the marriage by either the family and of the • Presumption arises
spouse household only if contribution is
f. Those acquired by chance, such as 3. Neither party can proven but the actual
winnings from gambling or betting. encumber or dispose contribution by each
by acts inter vivos of respective party
Art. 118: Property bought before the marriage his or her share in the cannot be proven, in
on installments paid partly from exclusive funds property acquired which case the
and partly from conjugal funds if full ownership during cohabitation presumption is that
vested during the marriage (subject to the and owned in they contributed
proper reimbursements upon liquidation.) common, without the equally.
consent of the other, • The rule and
Art. 119: Interests on the principal collected until after the presumption
during the marriage from an amount or credit termination of their mentioned above
payable to one of the spouses cohabitation. shall apply to joint
• However, either deposits of money
payable to one of the spouses cohabitation.
IMPEDIMENT)
shall apply to joint
• However, either deposits of money
Art. 120: Separate property of one of the spouse may alienate and evidences of
spouses subjected to improvements at the in favour of the other credit.
expense of the conjugal property, if the cost of his or her share in 3. If one of the parties is
the improvements and resulting increase in the property co- validly married to
value are more than the value of the property at owned. another, his or her
the time of improvement, shall belong to the • But no one can share in the co-
conjugal partnership donate or waive any ownership shall accrue
• But ownership will vest only upon interest in the co- to the absolute
reimbursement which shall be made at the ownership that community or conjugal
time of liquidation of the conjugal would constitute an partnership existing in
partnership. indirect or direct such valid marriage.
• If no reimbursement is made, ownership by grant of gratuitous • If party in bad faith is
the spouse will be retained advantage to the not validly married to
other which is void another, his or her
Jurisprudence: pursuant to Art. 87 share shall be
1. Damages granted by the courts in favor of 4. When only one of the forfeited in the
any spouse arising out of a contract solely parties to a void manner provided in
financed by the conjugal partnership marriage is in good the last paragraph of
property, which was unduly breached by a faith, the share of the Art. 147.
third party (Zulueta vs Pan American World party in bad faith in the • The foregoing rules
Airways, Inc.) co-ownership shall be on forfeiture shall
2. Damages arising out of the illegal forfeited in favour of likewise apply even if
detention of the exclusive property of any their common children. both parties are in
of the spouses shall pertain to the conjugal • In case of default or bad faith.
partnership if such detention deprive the waiver by an or all of
partnership of the use and earning of the the common children
same. (Bismorte vs Aldecoa) or their
descendants, each
Property bought during the marriage paid vacant share shall
partly from exclusive property and partly belong to the
from conjugal property, by virtue of the respective surviving
application of the spirit of Art. 118, is conjugal descendants. In the
property. Subject to the same reimbursement absence of such
scheme in Art. 118 descendants, such
• Unless such amounts from the conjugal share shall belong to
property were agreed as loans by the the innocent party.
buyer-spouse. • In all cases, the
forfeiture shall take
place upon
termination of the
cohabitation.
IMPEDIMENT)
Separate Property before the marriage Property before the marriage Art. 144: Properties Valdez vs RTC: Malilin vs Castillo (2000)
Properties of agreed upon as 1. Property acquired by 1. The salaries and wages
each spouse Art 91: Exclusions stipulated in the Art. 109: The following shall be the exclusive separate in the either of the parties are separately owned by
(Exclusions) marriage settlement from the community property of each spouse: marriage settlement exclusively by his or the parties and if any of
property 1. That brought to the marriage as his/her her own fund belongs to the spouse is married,
own Art. 145: All such party provided that his or her salary is the
Art. 92: The following are excluded from earnings from his or there is proof that he or property of the conjugal
the community property: Art. 118: Property bought before the marriage her profession, she acquired it by partnership of gains of
1. Property for personal and exclusive on installments paid partly from exclusive funds business or industry exclusive funds such legitimate marriage
use of either spouse, except jewelry and partly from conjugal funds if full ownership and all fruits, natural • Title of property 2. Property solely
and other expensive property vested before the marriage (subject to the industrial, or civil due named after spouse acquired by funds of
2. Property acquired before the proper reimbursements upon liquidation.) or received during is a proof but not any of the parties
marriage and the income/fruits the marriage from sufficient belongs to such party
thereof by either spouse who has Property during the marriage his or her separate 2. The fruits of the
legitimate descendants by a former property. couple's separate
marriage, legitimate children of void Art. 109: The following shall be the exclusive property are not
marriages under 36 and 53, and property of each spouse: included in the co-
adopted children. 1. That which each acquires during the ownership
marriage by gratuitous title (excluding 3. Property acquired by
Property during the marriage the fruits and income thereof) any of the parties after
2. Acquired by right of redemption, by separation shall be
Art. 92: The following are excluded from barter or by exchange with their separate exclusively owned by the
the community property: property party who acquired it;
1. Property acquired during the marriage 3. That purchased with exclusive money
by gratuitous title as well as the by either spouse.
income and fruits thereof. Unless
expressly provided by the donor that it Villanueva vs IAC; Tan vs CA: If the property
will form part of the community was acquired by gratuitous title such as by way
property of succession, the said property is separate
2. Property for personal and exclusive property regardless of whether it was
use of either spouse, except jewelry acquired before or after the marriage.
and other expensive property
Art. 113: Property donated or left by will to the
Villanueva vs IAC; Tan vs CA: If the spouses jointly and with designation of
property was acquired by gratuitous title determinate shares (if no designation, it will be
such as by way of succession, the said equal 50-50), shall pertain to the donee-spouse
property is separate property regardless of as his or her own exclusive property, without
whether it was acquired before or after the prejudice to the right of accretion when proper.
marriage.
Art. 115: Retirement benefits, pensions, and
Matthews vs Taylor: Foreigners cannot annuities if it is gratuitous or given through an
own land except through intestate act of pure liberality
succession, if a foreigner marries a Filipino,
the Philippine lands are only owned by the Art. 119: Sums collected during the marriage in
Filipino. Aliens cannot have an interest in partial payments or by installments comprising
lands part of community property. the principal from amounts or credit payable
belonging to one of the spouses owning such
credit.
credit.
IMPEDIMENT)
Jurisprudence:
1. Patrimonial and moral damages awarded
to one of the spouses as a result of
physical injuries inflicted by a third party,
said damages belong exclusively to the
injured spouse. (Lilius vs Manila Railroad
Co.)
Charges and Art. 73: Debts and obligations arising from Art. 121: CPG is liable for: Art. 146: Both
Liabilities immoral or illegitimate profession contracted 1. Support of the spouses, their common spouses shall bear
by a spouse without consent of the other if children, and legitimate children of either the family expenses
the benefit has accrued to the family after to spouse in proportion to their
the objection 2. Debts and obligations contracted income, or in case of
• Or if the benefit accrues prior to the during the marriage insufficiency or
objection but the 3rd party creditor is in • By the administrator for the benefit of default thereof, to
good faith the family the current market
• Both spouses value of the separate
Art. 94: ACP is liable for: • One spouse with the consent of the properties. Liability
1. Support of the spouses, their common other of the spouses to the
children, and legitimate children of 3. Debts and obligations contracted by creditors shall be
either spouse either spouse without the consent of solidary.
2. Debts and obligations contracted the other to the extent that the family may
during the marriage have been benefited
• By the administrator for the benefit • Art. 73: Debts and obligations arising
of the family from illegitimate profession by one
• Both spouses spouse shall be borne by the ACP if
• One spouse with the consent of the benefit to the family accrues after
the other the objection of the other spouse
3. Debts and obligations contracted by 4. All taxes, liens, charges, and expenses,
either spouse without the consent including major or minor repairs, upon the
of the other to the extent that the community property
family may have been benefite 5. All taxes and expenses for mere
• Art. 73: Debts and obligations preservation during marriage upon the
arising from illegitimate profession separate (need not be used by the family
by one spouse shall be borne by as income from such will form part of the
the ACP if the benefit to the family CPG)
accrues after the objection of the 6. Expenses to enable either spouse to
other spouse commence or complete a professional
4. All taxes, liens, charges, and or vocational course, or other activity for
expenses, including major or minor self-improvement
repairs, upon the community 7. Antenuptial debt insofar as they have
property redounded to the benefit of the family
8. Value of what is donated or promised
by both spouses in favor of their
5. All taxes and expenses for mere common legitimate children for the
by both spouses in favor of their
IMPEDIMENT)
5. All taxes and expenses for mere common legitimate children for the
preservation during marriage upon exclusive purpose of commencing or
the separate property has been used completing a professional or vocational
or is being used by the family course or other activity for self-
6. Expenses to enable either spouse to improvement
commence or complete a 9. Expenses of litigation between spouses
professional or vocational course, unless the suit is found to be groundless
or other activity for self-improvement
7. Antenuptial debt insofar as they have Art. 122: In case of insufficiency and after the
redounded to the benefit of the family obligations enumerated in Art. 121 have been
8. Value of what is donated or covered CPG will be liable for:
promised by both spouses in favor 1. Antenuptial debts that did not redound to
of their common legitimate children the benefit of the family
for the exclusive purpose of 2. Fines and indemnities imposed
commencing or completing a 3. Support of illegitimate children
professional or vocational course or 4. Spouse shall be charged for what has
other activity for self-improvement been paid at the time of liquidation
9. Antenuptial debts not redounding to
the benefit of the family, support of Art. 197: For the support of legitimate
illegitimate children, liabilities ascendants or descendants and legitimate or
incurred by by reason of a crime or illegitimate brothers or sisters, only the separate
quasi-delict, in case of absence or property of the person obliged to give support
insufficiency of the separate property will be liable. But in case of the obligor has no
of the debtor-spouse, payment to separate property, the ACP or CPG may
which shall be considered as advances advance the support which shall be deducted
to be deducted from the share of the from the share of the spouse obliged upon
debtor-spouse upon liquidation of liquidation of the ACP/CPG.
community. • Contemplates a situation where only one
10. Expenses of litigation between of the spouse is liable for the support other
spouses unless the suit is found to be than a illegitimate child of such spouse, in
groundless which case the ACP/CPG will only be liable
in case of absence of separate property,
Ayala Investment vs CA: Any loss note than if the person claiming support,
resulting from the exercise of a profession the ACP/CPG can already be held liable in
or family business, even without the case of insufficiency of separate property
consent of the other, shall be chargeable to of the debtor-spouse.
the ACP as they are presumed to redoung
to the benefit of the family. Art. 310 of CivCode: Funeral expenses
including the tombstone or masoleum
Art. 197: For the support of legitimate
ascendants or descendants and legitimate
or illegitimate brothers or sisters, only the
separate property of the person obliged to
give support will be liable. But in case of the
obligor has no separate property, the ACP
or CPG may advance the support which
shall be deducted from the share of the
spouse obliged upon liquidation of the ACP/
CPG.
IMPEDIMENT)
CPG.
• Contemplates a situation where only

one of the spouse is liable for the
support other than a illegitimate child
of such spouse, in which case the
ACP/CPG will only be liable in case of
absence of separate property, note
than if the person claiming support, the
ACP/CPG can already be held liable in
case of insufficiency of separate
property of the debtor-spouse.
Art. 310 of CivCode: Funeral expenses

including the tombstone or masoleum
Community/ 1. Debts and obligations that did not Art. 122: Personal debts and obligations that
Conjugal redound to the benefit of the family did not redound to the benefit of the family
Property and contracted without the consent and contracted without the consent of the
cannot be held of the other spouse (Francisco vs other spouse
liable for Garcia)
2. Taxes and expenses of separate Expenses of litigation between spouses if suit is
properties never been used by the groundless.
family
3. Expenses of litigation between Art. 73: Debts and obligations arising from
spouses if suit is groundless. immoral or illegitimate profession contracted by
a spouse without consent of the other if the
Art. 73: Debts and obligations arising from benefit has accrued to the family prior to the
immoral or illegitimate profession contracted objection.
by a spouse without consent of the other if • Or if the third party creditor is in bad faith,
the benefit has accrued to the family prior to then the separate properties of the guilty
the objection. spouse would be liable regardless when
• Or if the third party creditor is in bad the benefit accrues.
faith, then the separate properties of
the guilty spouse would be liable Art 117/123: Losses from games of chance
regardless when the benefit accrues. which shall be borne exclusively by the loser.
(Both separate properties will bear such losses
Art. 95: Losses in games of chance if both spouses consented)
IMPEDIMENT)
Liability of the 1. Antenuptial debts not redounding to 1. Personal debts not redounding to the
Separate the benefit of the family benefit of the family
Property 2. Support of illegitimate children 2. Antenuptial debts composed of fines and
3. Liabilities incurred by by reason of a indemnities imposed upon him or her
crime or quasi-delict 3. Support of illegitimate children
• But ACP will be subsidiarily liable
in case of absence in accordance Art. 73: Debts and obligations arising from
with Art. 94, par. 9. immoral or illegitimate profession contracted by
4. Debts and obligations that did not a spouse without consent of the other if the
redound to the benefit of the family and benefit has accrued to the family prior to the
contracted without the consent of the objection shall be chargeable to the separate
other spouse property of such debtor-spouse.
5. Taxes and expenses of separate
properties never been used by the Art 117: Losses from games of chance which
family shall be borne exclusively by the loser. (Both
6. Expenses of litigation between separate properties will bear such losses if both
spouses if suit is groundless. spouses consented)
Art. 73: Debts and obligations arising from Art. 197: For the support of legitimate
immoral or illegitimate profession ascendants or descendants and legitimate or
contracted by a spouse without consent of illegitimate brothers or sisters, only the separate
the other if the benefit has accrued to the property of the person obliged to give support
family prior to the objection shall be will be liable. But in case of the obligor has no
chargeable to the separate property of such separate property, the ACP or CPG may
debtor-spouse. advance the support which shall be deducted
from the share of the spouse obliged upon
Art. 95: Whatever may be lost during the liquidation of the ACP/CPG.
marriage in any game of chance, betting, • Contemplates a situation where only one
sweepstakes, or any other kind of gambling, of the spouse is liable for the support other
whether permitted or prohibited by law than a illegitimate child of such spouse, in
cannot be charged to the ACP. which case the ACP/CPG will only be liable
• If such losses were contracted by both in case of absence of separate property,
spouses or one with the consent of the note than if the person claiming support,
other, it shall be charged to both their the ACP/CPG can already be held liable in
respective separate properties case of insufficiency of separate property
of the debtor-spouse.
Art. 197: For the support of legitimate
ascendants or descendants and legitimate
or illegitimate brothers or sisters, only the
separate property of the person obliged to
give support will be liable. But in case of the
obligor has no separate property, the ACP
or CPG may advance the support which
shall be deducted from the share of the
CPG.
• Contemplates a situation where only
IMPEDIMENT)
of such spouse, in which case the
ACP/CPG will only be liable in case of
absence of separate property, note
than if the person claiming support, the
ACP/CPG can already be held liable in
case of insufficiency of separate
property of the debtor-spouse.
Solidary Art. 70: The spouse are jointly responsible Art. 121 If the conjugal property is insufficient to
Liability of for the support of the family. The expenses cover its liabilities, the separate property of the
Separate for such support and other conjugal spouses shall be solidarily liable for the unpaid
Property obligations shall be paid from community balance
property and in the absence thereof, the
income and fruits of the separate properties,
and in the absence of which, the separate
properties.
Art. 94 If the community property is

insufficient to cover its liabilities, the
separate property of the spouses shall be
solidarily liable for the unpaid balance
• Except those under paragraph 9 which
are antenuptial debts not redounding
to the benefit of the family, support of
illegitimate children, or liabilities
incurred by by reason of a crime or
quasi-delict.
Termination of Art. 99/126: Dissolution of the ACP/CPG:

the ACP/CPG 1. Upon death of either spouse
2. Decree of legal separation
3. Marriage is annulled or declared voi
• Contemplates void marriages under 40 and annulled marriages, properties liquidated
under Art. 50 as generally in void marriages, there is no ACP and CPG rather
properties are liquidated under Art. 147 or 148
4. Judicial separation of property
Art. 43: Dissolution of the ACP/CPG of the subsequent valid bigamous marriage upon filing of
affidavit of reappearance
Effects of Abandonment, Absence, and Loss of Parental Authority
ABANDONMENT ABSENTEE LOSS OF PARENTAL AUTHORITY
Relevant Complete cessation of family obligations should be Art. 384: 2 years have elapsed without any Art. 228: Parental authority permanently terminates by:
Information manisfested with intent to abandon and without jutisfiable news about the absentee or since the receipt of last news 1. Death of parent
cause or 5 years in case the absentee has left a person in 2. Death of child
charge of the administration of his property, in such case 3. Emancipation of child
Spouse who has left the conjugal dwelling for a period of 3 his absence may be declared.
months or has failed within the same period to give any Art. 229: Parental authority is terminated, subject to
information as to his whereabouts shall be prima facie Art. 385: Who may ask for a declaration of absence revival, by:
presumed to have no intention of returning to the conjugal 1. The spouse 1. Adoption of child (except if the adopting parent is the
dwelling. 2. Heirs instituted in a will spouse of the biological parent)
3. Relatives who may succeed by law of intestacy 2. Appointment of a general guardian
4. Those who may have over the property of the 3. Judicial declaration of abandonment of the child
absentee some right subordinated to the conduction of 4. Divestment of parental authority by final judgement
his death may file for declaration of absence 5. Judicial declaration of absence or incapacity of person
exercising parental authority.
Art. 386: The judicial declaration of absence shall not take
effect until six months after its publication in a Art. 231: Parental authority is suspended if the parent
newspaper of general circulation. 1. Treats the child with excessive harshness or cruelty
2. Gives the child corrupting orders, counsel or example
3. Compels the child to beg
4. Subjects or allows the child to be subject to acts of
lasciviousness
Art. 232: If the person exercising parental authority

has subjected the child or allowed him to be subjected to
sexual abuse, such person shall be permanently deprived
by the Court of such authority.
Legal Art. 55: Ground for legal separation if more than 1 year N/A
Separation without justifiable cause
ACP/CPG Art. 101/128: Ground for receivership, judicial separation N/A

of property or for authority to be sole administrator of the
community/conjugal property
Involuntary Art. 135: Considered sufficient cause for Judicial Separation of Property
Separation of
Property
Transfer of N/A Art. 142: The administration of all classes of exclusive N/A
administration property of either spouse may be transferred by the court
of exclusive to the other spouse upon this ground
property
Other Effects Art. 229: Terminates Parental Authority
Legitimacy of Child
LEGITIMATE ILLEGITIMATE
How to Art. 164: Children conceived or born inside valid marriage Art. 165: Children conceived and born outside a valid marriage, unless otherwise
Determine provided by this code
Status Art. 54: Children conceived or born before the final judgment of annulment or nullity
under Art. 36 and 53. Children born inside void marriages except those under Art. 36 and 53
Art. 164: Children conceived as a result of artificial insemination of the wife with the
sperm of the husband or that of a donor.
Art. 179: Legitimated children are legitimate
How to Impugn Who may impugn the legitimacy of a child? N/A

Art. 171: Generally, only the husband may impugn the legitimacy of his child provided it
is the natural child of his wife with another man. But,
his heirs substitute in his place if:
1. He dies before the expiration of the period
2. He dies after instituting the action
3. He dies before the child is born
Grounds for Impugning?

Art. 166:
1. Physical impossibility of access in the conception period of the child. (First 120 days
of the 300 days immediately preceding the birth of the child, either because of:
a. Physical incapacity
b. Living separately where sexual intercourse would not have been possible
c. Serious illness which absolutely prevented intercourse
1. Biological/ Scientific reasons except in artificial insemination
2. Vitiated consent in artificial insemination
Period: Art. 170: Generally, 1 year from the knowledge of birth or its recording in the
civil register whichever is earlier. But it is 2 years if the child he resides inside the
Philippines but outside the city where the birth took place or was recorded; and 3 years
if he resides abroad
How to Establish Who can establish? Who can Establish?

Art. 173: Child may file an action to claim legitimacy which can be transmitted to his Art. 175: Child may file an action to claim illegitimate status in the same way and on the
heirs should the child: same evidence as legitimate children
1. Die during minority
2. State of insanity How to Prove?
*Same as Legitimate
How to Prove?
Art. 172: May be established by the child on the basis of: Period: Art. 175: If direct proofs are used, within the lifetime of the child, if indirect
Direct poof: proofs, within the lifetime of the alleged parent.
1. Record of birth appearing in:
a. Civil register
b. Final judgment
2. Admission of legitimate filiation in a:
a. Public document
b. Private handwritten instrument which is signed by the parent
LEGITIMATE ILLEGITIMATE
Indirect proof:
1. Open and continuous possession of the status of a legitimate child
2. Any other means allowed by the Rules of Court and special laws
Rule 130 of Rules of Evidence/ People vs Mendoza (1991):

Section 39. Act or declaration about pedigree. — The act or declaration of a person
deceased, or unable to testify, in respect to the pedigree of another person related to
him by birth or marriage, may be received in evidence where it occurred before the
controversy, and the relationship between the two persons is shown by evidence other
than such act or declaration. The word "pedigree" includes relationship, family
genealogy, birth, marriage, death, the dates when and the places where these fast
occurred, and the names of the relatives. It embraces also facts of family history
intimately connected with pedigree.
Section 40. Family reputation or tradition regarding pedigree. — The reputation or

tradition existing in a family previous to the controversy, in respect to the pedigree of
any one of its members, may be received in evidence if the witness testifying thereon be
also a member of the family, either by consanguinity or affinity. Entries in family bibles or
other family books or charts, engravings on rings, family portraits and the like, may be
received as evidence of pedigree.
Period: Art. 173: Lifetime of the child, but if the right is transmitted to the heirs, they
shall have 5 years to institute the action.
Rights Art. 174: Art. 176:

1. Bear the surname of the father and mother 1. Surname of the mother but if the father expressly recognizes their filiation with direct
2. Receive support proofs mentioned, he can use his surname
3. Entitled to legitime and other successional rights 2. Receive support
3. Entitled to legitime consisting 1/2 of that of the legitime of a legitimate child.

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Defective Marriages

VOID VOID (ART. 40) VOIDABLE/ANNULLABLE TERMINATED LEGAL SEPARATION

Not necessary but allowed:

When is Direct attack needed/Judicial declaration of nullity

Not necessary but allowed:

Ratiﬁcation Void marriages cannot be ratiﬁed Art. 45: N/A N/A

Art. 44: If void under Art. 44, where both

• Contemplates a situation where only

Art. 310 of CivCode: Funeral expenses

Art. 94 If the community property is

Termination of Art. 99/126: Dissolution of the ACP/CPG:

Art. 232: If the person exercising parental authority

ACP/CPG Art. 101/128: Ground for receivership, judicial separation N/A

Other Effects Art. 229: Terminates Parental Authority

Art. 179: Legitimated children are legitimate

How to Impugn Who may impugn the legitimacy of a child? N/A

Grounds for Impugning?

How to Establish Who can establish? Who can Establish?

Rule 130 of Rules of Evidence/ People vs Mendoza (1991):

Section 40. Family reputation or tradition regarding pedigree. — The reputation or

Rights Art. 174: Art. 176:

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