MODULE 1 ESTATE TAX AMNESTY

AND FOR OTHER

PURPOSES, AMENDING
INTRODUCTION TO LAW SECTION 6 OF
REPUBLIC ACT NO.
11213, OTHERWISE
LAW - is legislation created and enforced through social or KNOWN AS THE “TAX
governmental institutions to regulate behavior (Wikipedia). AMNESTY ACT”

A rule of conduct or action prescribed or formally recognized as

binding or enforced by a controlling authority (Meriam webster). 2. ENACTING CLAUSE – Declares the source of the
promulgation and is usually stated as follows:

CLASSIFICATION OF LAWS UNDER THE PHILIPPINE

LEGAL SYSTEM “Be it enacted by the
Senate and the House of
1. Substantive Laws – it provides for the rights and privileges of
Representatives in
a person. Example Civil Code of the Philippines.
Congress assembled”
2. Remedial Laws – law that provides the manner of enforcing
or protecting the substantive rights. Example is Code of Civil
Procedure; 3. BODY – it contains the details or the provisions of
the law.
3. Public Laws – those that deals with subjects of public nature
such as crimes. Example Revised Penal Code. 4. REPEALING CLAUSE – It is a statement repealing
the provisions of the previous law. Example:
4. Private Laws – those that governs the private transactions
between parties. Example, provisions of the Civil Code on laws
on obligations and contract.
Sec. 3. Repealing Clause. -
5. Civil Laws – deals with the relationship between All laws, orders, rules and
persons such as ownership, status, contractual obligations. regulations which are
Example is Family Code of the Philippines. inconsistent with the
provisions of this Act are
hereby repealed or
6. Political Laws – deals with the person’s relationship amended accordingly (RA
with the government. Example: 1987 Constitution, 11569)
Administrative Code of the Philippines, Local Government
Code.
5. SEPARABILITY CLAUSE - A clause in the statutes
which provides that if other parts of the statute is declared
SOURCES OF LAWS: unconstitutional, the unaffected portion shall still be in force and
effect. Example:
1. Laws passed by Congress

Sec. 15. Separability

Clause. - If for any reason,
2. Decisions of the Supreme Court – Judicial decisions any provision of this Act is
applying or interpreting the laws or the Constitution shall form a declared invalid or
part of the legal system of the Philippines (Art. 8 Civil Code) unconstitutional, the
remaining parts or
provisions not affected
shall remain in full force
and effect (RA 11525).
HOW A BILL BECOMES A LAW – Refer to Sec. 26 and 27,
Article VI, 1987 Constitution

6. DATE OF EFFECTIVITY – That part of the law

PARTS OF A STATUTE - A statute passed by Congress,
generally contains the following parts:
1. TITLE – It discusses the general subject matter of
the statute. It also provides the public the contents, purpose and
subject matter of the legislation:
Example: AN ACT
EXTENDING THE
which provides for the effectivity of the statutes.
Some laws usually take effect fifteen (15) days after its
publication in the Official Gazette or newspaper of general
circulation. Example:
Sec. 3. This Act shall take
effect fifteen (15) days after
its publication in the Official
Gazette or in a newspaper
 of general circulation (RA
11526).
Other laws provide for their own dates of effectivity.
Example:
Sec. 17. Effectivity. - This
Act shall take effect
immediately upon its
publication in a newspaper
of general circulation or in
the Official Gazette and
shall remain in full force
and effect during the period
of the state of calamity as
declared under
Proclamation No. 1021
dated September 16, 2020
issued by the President of
the Philippines (RA
11525).
ADMISSION TO THE BAR - The following are the pertinent
provisions of the Rules of Court with respect to admission in the
practice of law, to wit:
Who may practice law. — Any person heretofore duly admitted
as a member of the bar, or hereafter admitted as such in
accordance with the provisions of this rule, and who is in good
and regular standing, is entitled to practice law (Sec.1).
Requirements for all applicants for admission to the bar. —
Every applicant for admission as a member of the bar must be
a citizen of the Philippines, at least twenty-one years of age, of
good moral character, and resident of the Philippines; and must
produce before the Supreme Court satisfactory evidence of
good moral character, and that no charges against him,
involving moral turpitude, have been filed or are pending in any
court in the Philippines (Sec.2).
Additional requirements for other applicants. — All applicants for
admission other than those referred to in the two preceding
shall, before being admitted to the examination, satisfactorily
show that they have regularly studied law for four years, and
successfully completed all prescribed courses, in a law school
or university, officially approved and recognized by the
Secretary of Education. The affidavit of the candidate,
accompanied by a certificate from the university or school of law,
shall be filed as evidence of such facts, and further evidence
may be required by the court.
No applicant shall be admitted to the bar examinations unless
he has satisfactorily completed the following courses in a law
school or university duly recognized by the government: civil
law, commercial law, remedial law, criminal law, public and
private international law, political law, labor and social
legislation, medical jurisprudence, taxation legal ethics and
clinical legal education program (Sec.5 as amended by A.M. 19-
03-24).
Pre-Law. — No applicant for admission to the bar examination
shall be admitted unless he presents a certificate that he has
satisfied the Secretary of Education that, before he began the
study of law, he had pursued and satisfactorily completed in an
authorized and recognized university or college, requiring for
admission thereto the completion of a four-year high school
course, the course of study prescribed therein for a bachelor's
degree in arts or sciences with any of the following subjects as
major or field of concentration: political science, logic, english,
spanish, history and economics (Sec.6.).
Examination; subjects. — Applicants, not otherwise provided for
in sections 3 and 4 of this rule, shall be subjected to
examinations in the following subjects: Civil Law; Labor and
Social Legislation; Mercantile Law; Criminal Law; Political Law
(Constitutional Law, Public Corporations, and Public Officers);
International Law (Private and Public); Taxation; Remedial Law
(Civil Procedure, Criminal Procedure, and Evidence); Legal
Ethics and Practical Exercises (in Pleadings and Conveyancing)
(Sec.9).
Passing average. — In order that a candidate may be deemed
to have passed his examinations successfully, he must have
obtained a general average of 75 per cent in all subjects, without
falling below 50 per cent in any subjects. In determining the
average, the subjects in the examination shall be given the
following relative weights: Civil Law, 15 per cent; Labor and
Social Legislation, 10 per cent; Mercantile Law, 15 per cent;
Criminal Law; 10 per cent: Political and International Law, 15 per
cent; Taxation, 10 per cent; Remedial Law, 20 per cent; Legal
Ethics and Practical Exercises, 5 per cent (Sec.14).
Admission and oath of successful applicants. — An applicant
who has passed the required examination, or has been
otherwise found to be entitled to admission to the bar, shall take
and subscribe before the Supreme Court the corresponding
oath of office (Sec. 17). Below is a copy of Lawyer’s Oath:
LAWYERS OATH
I, _________________, do solemnly
swear
That I will maintain allegiance to the
Republic of the Philippines,
I will support the Constitution and
obey the laws as well as the legal
orders of the duly constituted
authorities therein;
I will do no falsehood, nor consent to
the doing of any in court;
I will not wittingly or willingly promote
or sue any groundless, false or
unlawful suit, or give aid nor consent
to the same;
I will delay no man for money or
malice,
And will conduct myself as a lawyer
according to the best of my
knowledge and discretion,
With all good fidelity as well to the
courts as to my clients;
And I impose upon myself these
voluntary obligations without any
mental reservation or purpose of
evasion.
So help me God.

Certificate. — The supreme Court shall thereupon admit the
applicant as a member of the bar for all the courts of the
Philippines, and shall direct an order to be entered to that effect
upon its records, and that a certificate of such record be given
to him by the clerk of court, which certificate shall be his authority
to practice (Sec. 18).
Attorney's roll. — The clerk of the Supreme Court shall kept a
roll of all attorneys admitted to practice, which roll shall be
signed by the person admitted when he receives his certificate
(Sec. 19).
DUTIES OF A LAWYER - It is the duty of an attorney:
(a) To maintain allegiance to the Republic of the
Philippines and to support the Constitution and obey
the laws of the Philippines.
(b) To observe and maintain the respect due to the
courts of justice and judicial officers;
(c) To counsel or maintain such actions or proceedings
only as appear to him to be just, and
such defenses only as he believes to be honestly
debatable under the law.
(d) To employ, for the purpose of maintaining the
causes confided to him, such means only as are
consistent with truth and honor, and never seek to
mislead the judge or any judicial officer by an artifice or
false statement of fact or law;
(e) To maintain inviolate the confidence, and at every
peril to himself, to preserve the secrets of his client, and
to accept no compensation in connection with his
client's business except from him or with his knowledge
and approval;
(f) To abstain from all offensive personality and to
advance no fact prejudicial to the honor or reputation
of a party or witness, unless required by the justice of
the cause with which he is charged;
(g) Not to encourage either the commencement or the
continuance of an action or proceeding, or delay any
man's cause, from any corrupt motive or interest;
(h) Never to reject, for any consideration personal to
himself, the cause of the defenseless or oppressed;
(i) In the defense of a person accused of crime, by all
fair and honorable means, regardless of his personal
opinion as to the guilt of the accused, to present every
defense that the law permits, to the end that no person
may be deprived of life or liberty, but by due process of
law.
THE INTEGRATED BAR OF THE PHILIPPINES
The Integrated Bar of the Philippines (IBP) is the official
organization of all Philippine lawyers whose names appear in
the Roll of Attorneys of the Supreme Court. The IBP came into
being when the Supreme Court created on October 5, 1970 the
Commission on Bar Integration which was tasked “not only to
ascertain the advisability of integration of the Bar, but even
more, to serve as a common vehicle of the Court and the Bar in
fashioning a blueprint for integration and putting the same into
actual operation.” Republic Act No. 6397, which became
effective September 17, 1971, confirmed the power of the
Supreme Court to adopt rules of court to effect the integration of
the Philippine Bar. Then on January 9, 1973, the Supreme
Court, by a per curiam resolution, pursuant to its constitutional
mandate, ordained the integration of the Bar in accordance with
its Rule 139-A, effective January 16, 1973. Within the next
succeeding months, the IBP was organized. On February 17,
1973, local chapters all over the country were finally formed and
elections for chapter officers were held. Then on March 17,
1973, the first batch of representatives to the IBP House of
Delegates composed of 104 delegates representing the IBP
Chapters nationwide convened in Manila and elected its first set
of IBP Governors.
It is an official organization - and by “official” we mean
that it is established by the State. Republic Act No. 6397
confirmed the power of the Supreme Court to adopt rules of
court to effect the integration of the Philippine Bar. Presidential
Decree. No. 181 was promulgated on May 4, 1973 constituting
the IBP into a body corporate and providing government
assistance thereto for the accomplishment of its purposes
(www.ibp.ph)
LAW STUDENT PRACTICE
On June 25, 2019, the Supreme Court issued A.M. No.
19-03-24-SC amending Rule 1380A of the Rules of Court and
laid down the Law Student Practice Rule. The new rule allows
the limited practice of law by students with the purpose of
ensuring access to justice of the marginalized sectors, enhance
learning opportunities of law students and instill among them the
value of legal social responsibility among others:
Section 1 of the Rules stated that the limited practice of law
covers:
1. Appearances drafting and submission of pleadings and
documents before trials and appellate courts and quasi-judicial
and administrative bodies;
2. Assistance in mediation and other alternative modes of
disputes resolutions;
3. Legal counselling and advice, and;
4. Such other activities that may be covered by the Legal
Education Program of the Law School where the student is
enrolled.
Section 3 o the Rule provides that no law student shall be
permitted to engage in any of the activities under the Legal
Education Program of a law school unles he secured either of
the following:
a. Level 1 certification for law students who have successfully
completed their first-year law courses; and/or;
b. Level 2 certification, for law students currently enrolled for the
second semester of their third-year law courses.
MODULE 2: CIVIL LAW
Civil Law – that branch of law that treats of the personal and
family relations of an individual, his property and successional
rights, and the effect of his obligations and contracts.
REPUBLIC ACT NO. 386 is also known as the Civil Code of
the Philippines. It is divided into:
Book 1 – Person (Family Code of the Philippines)
Book 2 – Property Ownership and Modifications
Book 3 – Different Modes of Acquiring Ownership
Book 4 – Obligations and Contracts
Other parts:
1. Preliminary Title
2. Human Relations
3. Transitory Provisions
4. Repealing Clause
SOME IMPORTANT PROVISIONS OF THE CIVIL CODE
UNDER PRELIMINARY TITLE AND HUMAN RELATIONS
Chapter 1 -Effect and Application of Laws
Article 2. Laws shall take effect after fifteen days following the
completion of their publication in the Official Gazette, unless it is
otherwise provided. This Code shall take effect one year after
such publication. (1a)
Article 3. Ignorance of the law excuses no one from compliance
therewith. (2)
Article 4. Laws shall have no retroactive effect, unless the
contrary is provided. (3)
Article 5. Acts executed against the provisions of mandatory or
prohibitory laws shall be void, except when the law itself
authorizes their validity. (4a)
Article 6. Rights may be waived, unless the waiver is contrary
to law, public order, public policy, morals, or good customs, or
prejudicial to a third person with a right recognized by law. (4a)
Article 7. Laws are repealed only by subsequent ones, and their
violation or non-observance shall not be excused by disuse, or
custom or practice to the contrary.
When the courts declared a law to be inconsistent with the
Constitution, the former shall be void and the latter shall govern.
Administrative or executive acts, orders and regulations shall be
valid only when they are not contrary to the laws or the
Constitution. (5a)
Article 8. Judicial decisions applying or interpreting the laws or
the Constitution shall form a part of the legal system of the
Philippines. (n)
Principle of stare decisis (adherence to precedents) provides
that once a case has been decided one way, then another case,
involving exactly the same point at issue, should be decided in
the same manner.
Article 9. No judge or court shall decline to render judgment by
reason of the silence, obscurity or insufficiency of the laws. (6)
Article 10. In case of doubt in the interpretation or application of
laws, it is presumed that the lawmaking body intended right and
justice to prevail. (n)
Article 11. Customs which are contrary to law, public order or
public policy shall not be countenanced. (n)
Article 12. A custom must be proved as a fact, according to the
rules of evidence. (n)
Article 13. When the laws speak of years, months, days or
nights, it shall be understood that years are of three hundred
sixty-five days each; months, of thirty days; days, of twenty-four
hours; and nights from sunset to sunrise.
If months are designated by their name, they shall be computed
by the number of days which they respectively have.
In computing a period, the first day shall be excluded, and the
last day included. (7a)
Article 14. Penal laws and those of public security and safety
shall be obligatory upon all who live or sojourn in the Philippine
territory, subject to the principles of public international law and
to treaty stipulations. (8a)
This is also known as the principle of generality.
Article 15. Laws relating to family rights and duties, or to the
status, condition and legal capacity of persons are binding upon
citizens of the Philippines, even though living abroad. (9a)
Also known as the nationality principle.
Article 16. Real property as well as personal property is subject
to the law of the country where it is stipulated.
However, intestate and testamentary successions, both with
respect to the order of succession and to the amount of
successional rights and to the intrinsic validity of testamentary
provisions, shall be regulated by the national law of the person
whose succession is under consideration, whatever may be the
nature of the property and regardless of the country wherein said
property may be found. (10a)
Art. 16 par.1 is known as the Lex Situs Rule
Lex Rei Sitae - law of the place where the property is situated.
Article 17. The forms and solemnities of contracts, wills, and
other public instruments shall be governed by the laws of the
country in which they are executed.
When the acts referred to are executed before the diplomatic or
consular officials of the Republic of the Philippines in a foreign
country, the solemnities established by Philippine laws shall be
observed in their execution.
Prohibitive laws concerning persons, their acts or property, and
those which have for their object public order, public policy and
good customs shall not be rendered ineffective by laws or
judgments promulgated, or by determinations or conventions
agreed upon in a foreign country. (11a)
Art. 17 is also known as the doctrine of Lex Loci Celebrationis,
Article 18. In matters which are governed by the Code of
Commerce and special laws, their deficiency shall be supplied
by the provisions of this Code. (16a)
CHAPTER 2 - Human Relations
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 and good faith.
Article 20. Every person who, contrary to law, wilfully or
negligently causes damage to another, shall indemnify the latter
for the same.
Article 21. Any person who wilfully causes loss or injury to
another in manner that is contrary to morals, good customs or
public policy shall compensate the latter for the damage.
Article 22. 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.
Article 23. Even when an act or event causing damage to
another's property was not due to the fault or negligence of the
defendant, the latter shall be liable for indemnity if through the
act or event he was benefited.
Article 24. In all contractual, property or other relations, when
one of the parties is at a disadvantage on account of his moral
dependence, ignorance, indigence, mental weakness, tender
age or other handicap, the courts must be vigilant for his
protection.
Article 25. Thoughtless extravagance in expenses for pleasure
or display during a period of acute public want or emergency
may be stopped by order of the courts at the instance of any
government or private charitable institution.
Article 26. Every person shall respect the dignity, personality,
privacy and peace of mind of his neighbors and other persons.
The following and similar acts, though they may not constitute a
criminal offense, shall produce a cause of action for damages,
prevention and other relief:
(1) Prying into the privacy of another's residence;
(2) Meddling with or disturbing the private life or family
relations of another;
(3) Intriguing to cause another to be alienated from his
friends;
(4) Vexing or humiliating another on account of his
religious beliefs, lowly station in life, place of birth,
physical defect, or other personal condition.
Article 27. Any person suffering material or moral loss because
a public servant or employee refuses or neglects, without just
cause, to perform his official duty may file an action for damages
and other relief against the latter, without prejudice to any
disciplinary administrative action that may be taken.
Article 28. Unfair competition in agricultural, commercial or
industrial enterprises or in labor through the use of force,
intimidation, deceit, machination or any other unjust, oppressive
or highhanded method shall give rise to a right of action by the
person who thereby suffers damage.
Article 29. When the accused in a criminal prosecution is
acquitted on the ground that his guilt has not been proved
beyond reasonable doubt, a civil action for damages for the
same act or omission may be instituted. Such action requires
only a preponderance of evidence. Upon motion of the
defendant, the court may require the plaintiff to file a bond to
answer for damages in case the complaint should be found to
be malicious.
If in a criminal case the judgment of acquittal is based upon
reasonable doubt, the court shall so declare. In the absence of
any declaration to that effect, it may be inferred from the text of
the decision whether or not the acquittal is due to that ground.
Article 30. When a separate civil action is brought to demand
civil liability arising from a criminal offense, and no criminal
proceedings are instituted during the pendency of the civil case,
a preponderance of evidence shall likewise be sufficient to prove
the act complained of.
Article 31. When the civil action is based on an obligation not
arising from the act or omission complained of as a felony, such
civil action may proceed independently of the criminal
proceedings and regardless of the result of the latter.
Article 32. Any public officer or employee, or any private
individual, who directly or indirectly obstructs, defeats, violates
or in any manner impedes or impairs any of the following rights
and liberties of another person shall be liable to the latter for
damages:
(1) Freedom of religion;
(2) Freedom of speech;
(3) Freedom to write for the press or to maintain a
periodical publication;
(4) Freedom from arbitrary or illegal detention;
 (5) Freedom of suffrage;
(6) The right against deprivation of property without
due process of law;
(7) The right to a just compensation when private
property is taken for public use;
(8) The right to the equal protection of the laws;
(9) The right to be secure in one's person, house,
papers, and effects against unreasonable searches
and seizures;
(10) The liberty of abode and of changing the same;
(11) The privacy of communication and
correspondence;
(12) The right to become a member of associations or
societies for purposes not contrary to law;
(13) The right to take part in a peaceable assembly to
petition the Government for redress of grievances;
(14) The right to be a free from involuntary servitude in
any form;
(15) The right of the accused against excessive bail;
(16) The right of the accused to be heard by himself
and counsel, to be informed of the nature and cause of
the accusation against him, to have a speedy and
public trial, to meet the witnesses face to face, and to
have compulsory process to secure the attendance of
witness in his behalf;
(17) Freedom from being compelled to be a witness
against one's self, or from being forced to confess guilt,
or from being induced by a promise of immunity or
reward to make such confession, except when the
person confessing becomes a State witness;
(18) Freedom from excessive fines, or cruel and
unusual punishment, unless the same is imposed or
inflicted in accordance with a statute which has not
been judicially declared unconstitutional; and
(19) Freedom of access to the courts.
In any of the cases referred to in this article, whether or
not the defendant's act or omission constitutes a
criminal offense, the aggrieved party has a right to
commence an entirely separate and distinct civil action
for damages, and for other relief. Such civil action shall
proceed independently of any criminal prosecution (if
the latter be instituted), and may be proved by a
preponderance of evidence.
The indemnity shall include moral damages. Exemplary
damages may also be adjudicated.
THE FAMILY CODE OF THE PHILIPPINES
EXECUTIVE ORDER NO. 209
DEFINITION OF MARRIAGE:
Marriage is a special contract of permanent union
between a man and a woman entered into in accordance with
law for the establishment of conjugal and family life. It is the
foundation of the family and an inviolable social institution
whose nature, consequences, and incidents are governed by
law and not subject to stipulation, except that marriage
settlements may fix the property relations during the marriage
within the limits provided by this Code. (Art. 1)
ESSENTIAL REQUISITES OF MARRIAGE:
No marriage shall be valid, unless these essential
requisites are present:
(1) Legal capacity of the contracting parties
who must be a male and a female; and
(2) Consent freely given in the presence of the
solemnizing officer (Art. 2).
FORMAL REQUISITES OF MARRIAGE:
The formal requisites of marriage are:
(1) Authority of the solemnizing officer;
(2) A valid marriage license except in the
cases provided for in Chapter 2 of this Title;
and
(3) A marriage ceremony which takes place
with the appearance of the contracting parties
before the solemnizing officer and their
personal declaration that they take each other
as husband and wife in the presence of not
less than two witnesses of legal age. (Art. 3)
The absence of any of the essential or formal requisites
shall render the marriage void ab initio, except as stated in
Article 35. A defect in any of the essential requisites shall not
affect the validity of the marriage but the party or parties
responsible for the irregularity shall be civilly, criminally and
administratively liable (Art.4).
AGE REQUIREMENT AND PARTIES TO A MARRIAGE
Any male or female of the age of eighteen years or
upwards not under any of the impediments mentioned in Art. 37
and 38 of the Family Code, may contract marriage (Art. 5).
 Under Art. 37 of the Family Code, the marriage
between the following persons is regarded as incestuous and
void from the beginning, whether the relationship between the
parties be legitimate or illegitimate:
(1) Between ascendants and descendants of any
degree; and
(2) Between brothers and sisters, whether of the full or
half blood. (81a)
On the other hand, under Art. 38 of the same code, the
following parties cannot marry each other by reason of public
policy:
(1) Between collateral blood relatives whether
legitimate or illegitimate, up to the fourth civil degree;
(2) Between step-parents and step-children;
(3) Between parents-in-law and children-in-law;
(4) Between the adopting parent and the adopted child;
(5) Between the surviving spouse of the adopting
parent and the adopted child;
(6) Between the surviving spouse of the adopted child
and the adopter;
(7) Between an adopted child and a legitimate child of
the adopter;
(8) Between adopted children of the same adopter; and
(9) Between parties where one, with the intention to
marry the other, killed that other person’s spouse, or
his or her own spouse.
MARRIAGE CEREMONY - No prescribed form or religious rite
for the solemnization of the marriage is required. It shall be
necessary, however, for the contracting parties to appear
personally before the solemnizing officer and declare in the
presence of not less than two witnesses of legal age that they
take each other as husband and wife. This declaration shall be
contained in the marriage certificate which shall be signed by
the contracting parties and their witnesses and attested by the
solemnizing officer.
1 Art. 31 - A marriage in articulo mortis between
passengers or crew members may also be solemnized by
a ship captain or by an airplane pilot not only while the
ship is at sea or the plane is in flight, but also during
stopovers at ports of call.
32. A military commander of a unit, who is a
2Art.
commissioned officer, shall likewise have authority to
In case of a marriage in articulo mortis, when the party at the
point of death is unable to sign the marriage certificate, it shall
be sufficient for one of the witnesses to the marriage to write the
name of said party, which fact shall be attested by the
solemnizing officer (Art. 6).
OFFICERS WHO MAY SOLEMNIZE MARRIAGES:
Under Art. 7 of the Family Code, marriage may
be solemnized by:
(1) Any incumbent member of the judiciary
within the court’s jurisdiction;
(2) Any priest, rabbi, imam, or minister of any
church or religious sect duly authorized by his
church or religious sect and registered with the
civil registrar general, acting within the limits of
the written authority granted by his church or
religious sect and provided that at least one of
the contracting parties belongs to the
solemnizing officer’s church or religious sect;
(3) Any ship captain or airplane chief only in
case of marriage in articulo mortis under Art.
311;
(4) Any military commander of a unit to which
a chaplain is assigned, in the absence of the
latter, during a military operation, likewise only
in case of articulo mortis under Art. 322.:
(5) Any consul-general, consul or vice-consul
in the case of marriage between Filipino
citizens abroad under Art.3.
PLACE OF SOLEMNIZATION OF MARRIAGES
The marriage shall be solemnized publicly in
the chambers of the judge or in open court, in the
church, chapel or temple, or in the office the consul-
general, consul or vice-consul, as the case may be, and
not elsewhere, except in cases of marriages contracted
on the point of death or in remote places, or where both
of the parties request the solemnizing officer in writing
in which case the marriage may be solemnized at a
house or place designated by them in a sworn statement
to that effect (Art. 8).
MARRIAGE LICENSE
solemnize marriages in articulo mortis between persons
within the zone of military operation, whether members
of the armed forces or civilians;
3Art. 10. xxx. The issuance of the marriage license and
the duties of the local civil registrar and of the
solemnizing officer with regard to the celebration of
marriage shall be performed by the consular official.
 Marriage license is a license which a marriage couple
must obtain before they can get married.
In the Philippines, before a couple can marry each
other, they must apply for a marriage license before the local
civil registrar of the city or municipality where either contracting
party habitually resides (Art. 9).
They shall file separately a sworn application for such
license with the proper local civil registrar which shall specify the
following:
(1) Full name of the contracting party;
(2) Place of birth;
(3) Age and date of birth;
(4) Civil status;
(5) If previously married, how, when and where the
previous marriage was dissolved or annulled;
(6) Present residence and citizenship;
(7) Degree of relationship of the contracting parties;
(8) Full name, residence and citizenship of the father;
(9) Full name, residence and citizenship of the mother;
and
(10) 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 twenty-one years.
Such marriage license shall be valid in any part of the
Philippines for a period of one hundred twenty days from the
date of issue, and shall be deemed automatically canceled at
the expiration of the said period if the contracting parties have
not made use of it. The expiry date shall be stamped in bold
characters on the face of every license issued (Art. 20).
However, when either or both of the contracting parties
are citizens of a foreign country, it shall be necessary for them
before a marriage license can be obtained, to submit a certificate
of legal capacity to contract marriage, issued by their respective
diplomatic or consular officials.
Stateless persons or refugees from other countries
shall, in lieu of the certificate of legal capacity herein required,
submit an affidavit stating the circumstances showing such
capacity to contract marriage (Art. 21).
In the following cases however, the requirement of
presentation of marriage license before marriage may be
dispensed with:
1. In case either or both of the contracting parties are at
the point of death, the marriage may be solemnized
without necessity of a marriage license and shall
remain valid even if the ailing party subsequently
survives (Art. 27). Also known as marriage in articulo
mortis.
2. If the residence of either party is so located that there
is no means of transportation to enable such party to
appear personally before the local civil registrar, the
marriage may be solemnized without the necessity of
a marriage license (Art. 28). (marriage in remote
places);
3. Marriages among Muslims or among members of the
ethnic cultural communities may be performed validly
without the necessity of marriage license, provided
they are solemnized in accordance with their customs,
rites or practices (Art. 33).
4. No license shall be necessary for the marriage of a
man and a woman who have lived together as husband
and wife for at least five years and without any legal
impediment to marry each other. The contracting
parties shall state the foregoing facts in an affidavit
before any person authorized by law to administer
oaths. The solemnizing officer shall also state under
oath that he ascertained the qualifications of the
contracting parties are found no legal impediment to
the marriage (Art. 34).
In addition to the presentation of marriage license, if
the parties to a marriage are between the ages of eighteen
and twenty-one, they shall also be required to exhibit to the
local civil registrar, the written consent to their marriage of
their father, mother, surviving parent or guardian, or
persons having legal charge of them, in the order
mentioned (Art. 14)
If the parties are between the age of twenty-one and
twenty-five, they shall be obliged to ask their parents or
guardian for advice upon the intended marriage. If they do
not obtain such advice, or if it be unfavorable, the marriage
license shall not be issued till after three months following
the completion of the publication of the application therefor
(Art. 15).
VOID v. VOIDABLE MARRIAGES

The difference between void and voidable marriage are as follows:

VOID MARRIAGE VOIDABLE MARRIAGE

1. Can never be ratified 1. Can be ratified by free cohabitation

2. Always void 2. Valid until annulled.

3. Can be attacked directly or collaterally 3. Cannot be attacked . collaterally. There must

be a direct proceeding.

4. There is no absolute community of property, 4. There is community of property

only co-ownership

5. The grounds for void marriages are found under

Art. 35,36,37 and 38 of the Family Code

6. Period to File action or defense is

imprescriptiable.

likewise be void even if such incapacity becomes manifest only

after its solemnization.
VOID MARRIAGES
Incestuous marriages under Art. 37 are also void from
Under Art. 35. The following marriages shall be void the beginning, whether relationship between the parties be
from the beginning: legitimate or illegitimate. These are:

(1) Those contracted by any party below
eighteen years of age even with the consent
of parents or guardians;
(2) Those solemnized by any person not
legally authorized to perform marriages
unless such marriages were contracted with
either or both parties believing in good faith
that the solemnizing officer had the legal
authority to do so;
(3) Those solemnized without license, except
those covered the preceding Chapter;
(1) Between ascendants and descendants of any
degree; and
(2) Between brothers and sisters, whether of the full or
half blood.
Lastly, Art. 38 refers to void marriages for reasons of
public policy. These are:
(1) Between collateral blood relatives whether
legitimate or illegitimate, up to the fourth civil degree;
(2) Between step-parents and step-children;

(4) Those bigamous or polygamous (3) Between parents-in-law and children-in-law;

marriages not failing under Article 41;
(4) Between the adopting parent and the adopted child;
(5) Those contracted through mistake of one
contracting party as to the identity of the
other; and (5) Between the surviving spouse of the adopting
parent and the adopted child;
(6) Those subsequent marriages that are void
under Article 53. (6) Between the surviving spouse of the adopted child
and the adopter;

(7) Between an adopted child and a legitimate child of

the adopter;
Art. 36 refers to void marriage by reason of the
psychological incapacity of one or both of the parties to a
marriage. It states that “a marriage contracted by any party who, (8) Between adopted children of the same adopter; and
at the time of the celebration, was psychologically incapacitated
to comply with the essential marital obligations of marriage, shall
 (9) Between parties where one, with the intention to
marry the other, killed that other person’s spouse, or
his or her own spouse.
VOIDABLE MARRIAGES
Under Art. 45. A marriage may be annulled for any of
the following causes, existing at the time of the marriage:
(1) That the party in whose behalf it is sought to have the
marriage annulled was eighteen years of age or over but below
twenty-one, and the marriage was solemnized without the
consent of the parents, guardian or person having substitute
parental authority over the party, in that order, unless after
attaining the age of twenty-one, such party freely cohabited with
the other and both lived together as husband and wife;
(2) That either party was of unsound mind, unless such party
after coming to reason, freely cohabited with the other as
husband and wife;
(3) That the consent of either party was obtained by fraud,
unless such party afterwards, with full knowledge of the facts
constituting the fraud, freely cohabited with the other as
husband and wife;
(4) That the consent of either party was obtained by force,
intimidation or undue influence, unless the same having
disappeared or ceased, such party thereafter freely cohabited
with the other as husband and wife;
(5) That either party was physically incapable of consummating
the marriage with the other, and such incapacity continues and
appears to be incurable; or
(6) That either party was afflicted with a sexually-transmissible
disease found to be serious and appears to be incurable. (85a)
Under Art. 46, any of the following circumstances shall
constitute fraud referred to in Number 3 of Art. 45, to wit:
(1) Non-disclosure of a previous conviction by final judgment of
the other party of a crime involving moral turpitude;
(2) Concealment by the wife of the fact that at the time of the
marriage, she was pregnant by a man other than her husband;
(3) Concealment of sexually transmissible disease, regardless
of its nature, existing at the time of the marriage; or
(4) Concealment of drug addiction, habitual alcoholism or
homosexuality or lesbianism existing at the time of the marriage.
No other misrepresentation or deceit as to character, health,
rank, fortune or chastity shall constitute such fraud as will give
grounds for action for the annulment of marriage. (86a)
Persons who may sue for annulment of marriage and the
prescriptive periods.
The action for annulment of marriage must be filed by
the following persons and within the periods indicated herein:
(1) For causes mentioned in number 1 of Article 45 by the party
whose parent or guardian did not give his or her consent, within
five years after attaining the age of twenty-one, or by the parent
or guardian or person having legal charge of the minor, at any
time before such party has reached the age of twenty-one;
(2) For causes mentioned in number 2 of Article 45, by the same
spouse, who had no knowledge of the other’s insanity; or by any
relative or guardian or person having legal charge of the insane,
at any time before the death of either party, or by the insane
spouse during a lucid interval or after regaining sanity;
(3) For causes mentioned in number 3 of Article 45, by the
injured party, within five years after the discovery of the fraud;
(4) For causes mentioned in number 4 of Article 45, by the
injured party, within five years from the time the force,
intimidation or undue influence disappeared or ceased;
(5) For causes mentioned in number 5 and 6 of Article 45, by the
injured party, within five years after the marriage(Art. 47).
AL SEPARATION
LEGAL SEPARATION
Under Art. 55 a petition for legal separation
may be filed on any of the following grounds:
(1) Repeated physical violence or grossly
abusive conduct directed against the
petitioner, a common child, or a child of the
petitioner;
(2) Physical violence or moral pressure to
compel the petitioner to change religious or
political affiliation;
(3) Attempt of respondent to corrupt or induce
the petitioner, a common child, or a child of
the petitioner, to engage in prostitution, or
connivance in such corruption or inducement;
(4) Final judgment sentencing the respondent
to imprisonment of more than six years, even
if pardoned;
(5) Drug addiction or habitual alcoholism of
the respondent;
(6) Lesbianism or homosexuality of the
respondent;
(7) Contracting by the respondent of a
subsequent bigamous marriage, whether in
the Philippines or abroad;
(8) Sexual infidelity or perversion;
(9) Attempt by the respondent against the life
of the petitioner; or
(10) Abandonment of petitioner by
respondent without justifiable cause for more
than one year.
The term “child” shall include a child by nature or by adoption.

INSTANCES WHEN PETITION FOR LEGAL SEPARATION
SHALL BE DENIED:
(1) Where the aggrieved party has condoned the
offense or act complained of;
(2) Where the aggrieved party has consented to the
commission of the offense or act complained of;
(3) Where there is connivance between the parties in
the commission of the offense or act constituting the ground for
legal separation;
(4) Where both parties have given ground for legal
separation;
(5) Where there is collusion between the parties to
obtain decree of legal separation; or
(6) Where the action is barred by prescription (Art. 56).
An action for legal separation shall be filed within five
years from the time of the occurrence of the cause (Art. 57).
Also, in no case shall an action for legal separation be be tried
before six months shall have elapsed since the filing of the
petition (art. 58).
No legal separation may be decreed unless the Court
has taken steps toward the reconciliation of the spouses and is
fully satisfied, despite such efforts, that reconciliation is highly
improbable (Art. 59). No decree of legal separation shall be
based upon a stipulation of facts or a confession of judgment. In
any case, the Court shall order the prosecuting attorney or fiscal
assigned to it to take steps to prevent collusion between the
parties and to take care that the evidence is not fabricated or
suppressed (Art. 60).
After the filing of the petition for legal separation, the
spouses shall be entitled to live separately from each other. (Art.
61).
EFFECTS OF LEGAL SEPARATION:
(1) The spouses shall be entitled to live separately from each
other, but the marriage bonds shall not be severed;
(2) The absolute community or the conjugal partnership shall be
dissolved and liquidated but the offending spouse shall have no
right to any share of the net profits earned by the absolute
community or the conjugal partnership, which shall be forfeited
in accordance with the provisions of Article 43(2);
(3) The custody of the minor children shall be awarded to the
innocent spouse, subject to the provisions of Article 213 of this
Code; and
(4) The offending spouse shall be disqualified from inherting
from the innocent spouse by intestate succession. Moreover,
provisions in favor of the offending spouse made in the will of
the innocent spouse shall be revoked by operation of law (Art.
63).
After the finality of the decree of legal separation, the innocent
spouse may revoke the donations made by him or by her in favor
of the offending spouse, as well as the designation of the latter
as beneficiary in any insurance policy, even if such designation
be stipulated as irrevocable. The revocation of the donations
shall be recorded in the registries of property in the places where
the properties are located. Alienations, liens and encumbrances
registered in good faith before the recording of the complaint for
revocation in the registries of property shall be respected. The
revocation of or change in the designation of the insurance
beneficiary shall take effect upon written notification thereof to
the insured. The action to revoke the donation under this Article
must be brought within five years from the time the decree of
legal separation become final (Art. 64)
RECONCILIATION OF THE SPOUSES AFTER DECREE OF
LEGAL SEPARATION IS ISSUED:
If the spouses should reconcile, a corresponding joint
manifestation under oath duly signed by them shall be filed with
the court in the same proceeding for legal separation. (Art. 65).
The reconciliation of the spouses shall have the following
consequences:
(1) The legal separation proceedings, if still pending, shall
thereby be terminated at whatever stage; and
(2) The final decree of legal separation shall be set aside, but
the separation of property and any forfeiture of the share of the
guilty spouse already effected shall subsist, unless the spouses
agree to revive their former property regime.
The court’s order containing the foregoing shall be recorded in
the proper civil registries (Art. 67).
OBLIGATION OF THE HUSBAND AND WIFE
RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND
WIFE
The specific provision regarding the obligations of the husband
and wife are found in Articles 68 to 73 of the Family Code, to wit:
Art. 68. The husband and wife are obliged to live
together, observe mutual love, respect and fidelity, and
render mutual help and support;
Art. 69. The husband and wife shall fix the family
domicile. In case of disagreement, the court shall
decide. The court may exempt one spouse from living
with the other if the latter should live abroad or there
are other valid and compelling reasons for the
exemption. However, such exemption shall not apply if
the same is not compatible with the solidarity of the
family.
 Art. 70. The spouses are jointly responsible for the
support of the family. The expenses for such support
and other conjugal obligations shall be paid from the
community property and, in the absence thereof, from
the income or fruits of their separate properties. In case
of insufficiency or absence of said income or fruits,
such obligations shall be satisfied from the separate
properties.
Art. 71. The management of the household shall be the
right and the duty of both spouses. The expenses for
such management shall be paid in accordance with the
provisions of Article 70.
Art. 72. When one of the spouses neglects his or her
duties to the conjugal union or commits acts which tend
to bring danger, dishonor or injury to the other or to the
family, the aggrieved party may apply to the court for
relief.
Art. 73. Either spouse may exercise any legitimate
profession, occupation, business or activity without the
consent of the other. The latter may object only on
valid, serious, and moral grounds.
In case of disagreement, the court shall decide whether
or not:
(1) The objection is proper; and
(2) Benefit has occurred to the family prior to the
objection or thereafter. If the benefit accrued prior to
the objection, the resulting obligation shall be enforced
against the separate property of the spouse who has
not obtained consent.
The foregoing provisions shall not prejudice the rights
of creditors who acted in good faith.
Other Important provisions of the Family Code
Art. 151. No suit between members of the same family shall
prosper unless it should appear from the verified complaint or
petition that earnest efforts toward a compromise have been
made, but that the same have failed. If it is shown that no such
efforts were in fact made, the same case must be dismissed.
This rule shall not apply to cases which may not be the subject
of compromise under the Civil Code.
Art. 152. The family home, constituted jointly by the husband
and the wife or by an unmarried head of a family, is the dwelling
house where they and their family reside, and the land on which
it is situated.
Art. 155. The family home shall be exempt from execution,
forced sale or attachment except:
(1) For nonpayment of taxes;
(2) For debts incurred prior to the constitution of the
family home;
(3) For debts secured by mortgages on the premises
before or after such constitution; and
(4) For debts due to laborers, mechanics, architects,
builders, materialmen and others who have rendered
service or furnished material for the construction of the
building.
Art. 194. Support compromises everything indispensable for
sustenance, dwelling, clothing, medical attendance, education
and transportation, in keeping with the financial capacity of the
family.
Art. 105. Subject to the provisions of the succeeding articles, the
following are obliged to support each other to the whole extent
set forth in the preceding article:
(1) The spouses;
(2) Legitimate ascendants and descendants;
(3) Parents and their legitimate children and the
legitimate and illegitimate children of the latter;
(4) Parents and their illegitimate children and the
legitimate and illegitimate children of the latter; and
(5) Legitimate brothers and sisters, whether of full or
half-blood
Art. 198. During the proceedings for legal separation or for
annulment of marriage, and for declaration of nullity of marriage,
the spouses and their children shall be supported from the
properties of the absolute community or the conjugal
partnership. After the final judgment granting the petition, the
obligation of mutual support between the spouses ceases.
However, in case of legal separation, the court may order that
the guilty spouse shall give support to the innocent one,
specifying the terms of such order. (292a)
Art. 200. When the obligation to give support falls upon two or
more persons, the payment of the same shall be divided
between them in proportion to the resources of each.
However, in case of urgent need and by special circumstances,
the judge may order only one of them to furnish the support
provisionally, without prejudice to his right to claim from the other
obligors the share due from them.
When two or more recipients at the same time claim support
from one and the same person legally obliged to give it, should
the latter not have sufficient means to satisfy all claims, the order
established in the preceding article shall be followed, unless the
concurrent obligees should be the spouse and a child subject to
parental authority, in which case the child shall be preferred.
Art. 201. The amount of support, in the cases referred to in
Articles 195 and 196, shall be in proportion to the resources or
means of the giver and to the necessities of the recipient.
Art. 211. The father and the mother shall jointly exercise parental
authority over the persons of their common children. In case of
disagreement, the father's decision shall prevail, unless there is
a judicial order to the contrary.
Children shall always observe respect and reverence towards
their parents and are obliged to obey them as long as the
children are under parental authority.

Art. 212. In case of absence or death of either parent, the parent

present shall continue exercising parental authority. The
remarriage of the surviving parent shall not affect the parental
authority over the children, unless the court appoints another
person to be the guardian of the person or property of the
children.

Art. 213. In case of separation of the parents, parental authority

shall be exercised by the parent designated by the Court. The
Court shall take into account all relevant considerations,
especially the choice of the child over seven years of age, unless
the parent chosen is unfit.

Art. 214. In case of death, absence or unsuitability of the

parents, substitute parental authority shall be exercised by the
surviving grandparent. In case several survive, the one
designated by the court, taking into account the same
consideration mentioned in the preceding article, shall exercise
the authority.

Art. 215. No descendant shall be compelled, in a criminal case,

to testify against his parents and grandparents, except when
such testimony is indispensable in a crime against the
descendant or by one parent against the other. (315a)