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PERSONS AND FAMILY RELATIONS COMPLETE REVIEWER Background on the Philosophy of the Civil Code: “The Philosophy of the Civil Code”  Tasks of the investigator of the Philosophy of Law: 1. Trace the origin of law to its sources in human nature; 2. Connect the law with the society that evolved and the circumstances of the time in which it originated; 3. Relate the importance of the law under the influence of economic, social and other conditions; 4. Point out the basic elements of the law; 5. Distinguish law from ethics. Our Civil Code was founded on the laws of Spain which was based largely on Roman Law (Institutes of Justinian). Corpus Juris Civilis- accumulation of old Roman Laws as modified by early Christians.

In contrast to pater familias where heads of the family are allowed to kill his children and wife.

 Spanish Precedents of Philippine Law Visigoths- Early settlers in Spain that were overrun by Moors who converted the former into Christianity. Moors- Promulgated non-barbaric laws Alaric, Leader of the Goths- Promulgated Code of Alaric which introduced barbaric tribal customs to Roman Law. Fuerzo Juzgo- First great code of Spain combining Roman, Germanic and Religious edicts. Siete Partidas- Written by Fernando III and Alfonso X, it contained laws based on Spanish Visigoths but patterned after Institutes of Justinian. • Contained 7 codes pertaining to different aspects of law. • First book contained natural laws, usages and custom and administrative laws. • Second book contained administrative laws. • Third book contained court rules, land ownership and possession laws and servitude laws. • Fourth book contained laws on persons and family relations. • Fifth book contained laws on obligations and contracts. • Sixth book contains laws on succession, intestacy, heirship and guardianship. • Seventh book contained penal laws. Medieval Philosophy and its Influence St. Augustine- The state is a kingdom of the Impious St. Thomas Aquinas- Wrote the Summa Theologica

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Ancient Roman Law was the combination of tribal customs, royal edicts, and priestly commands. Ancient Romans fashioned their laws according to their lifestyle, which at that time was greatly influenced by religion.

Lex Jus- Command and Justice

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Relationship was not only between men but between God and men. Crimes, at that time, were considered a disturbance of this relation. Laws were designed to maintain and restore the peace of the gods (pax decorum), peace between men and peace between god and men.

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Lex Externa- laws based on divine reason which governs the world. Lex Naturalis- Natural laws which are made known through reason. Lex Humana- Positive laws which are man-made applications of natural laws.

Theory of Injury and Liability- Injuring one’s neighbor was discouraged because such act would prompt gods to strike back at the ‘evil doer thereby causing the imperil of the entire community.  It is only when law becomes distinguishable from religion that its philosophy becomes discernible. Philosophy of Private Roman Law Bonus Pater Familias- Literally meaning “good father of the family,” this was considered a standard by which one should pattern his conduct. - Roman law was typically, a law without ethics. Law of Contracts and Bailments- Someone who broke his oath is considered a danger to society and is in danger of mortal peril. -Roman laws of property were extremely individualistic. -Romans only recognized two forms of association—societas and corporation. Two Principles to Moderate the Extreme Individualism of Roman Law Humanitas- Considers consideration for others. kindness, goodness, sympathy,

Penal Principles Justicia Generalis- obligation of restitution Justicia Particularis o Justicia commutative- obligation of restitution o Justicia distribution- distributive justice applying justice in geometric proportions.

Ordenamiento Alcala- spiritual aspects of contracts Leyes de Toro- Written by the Spanish Cortes in 1502 Nueva Recopilacion- compilation of all Spanish Laws made in 1567 Novisisima Recopilacion- another compilation of Spanish Laws. 1805- Civil Code became a model -Four-book compilation of the Civil Code was promulgated. • Book One: Persons and Family Relations • Book Two: Property, Ownership and Modification • Book Three: Modes of Acquiring Ownership • Book Four: Obligations and Contracts

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American Influence on the Civil Code • INDIVIDUALISM became a pervading theme during the forging of the new Civil Code. Bill of Rights Seeking redress for grievances Intersection of Modern Constitutional Traditional Family Law Constitutional Provisions Article II, Section 12: The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive support of the government. Article II, Section 14: The State recognizes the role of women in nation building and shall ensure the fundamental equality before the law of women and men. Article III, Section 1: No person shall be deprived of life, liberty or property without due process of law, nor shall any person be denied the equal protection of the laws. Article XV, Section 1: The State recognizes the Filipino family as the foundation of the nation. Accordingly, it shall strengthen its solidarity and actively promote its total development. Article XV, Section 2: Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the state. Developments and

giving a young woman contraceptives. A Massachusetts law only allows the sale of contraceptives with prescription from a physician or a pharmacist for married couples. Held: The statute violates the equal protection clause of the 14th amendment in that it discriminates between married and unmarried couples. The means by which the State Interest is protected is not rationally adequate whether the interest be prevention of pre-marital sex or health protection. For one thing, the measure does not prevent extra-marital relations for another, not all contraceptives are considered dangerous. Lastly, the discrimination makes it seem as though pre-marital conception and sexually transmitted disease is punishment for pre-marital sex. This punishment is then handed out without due process of the law.

Civil Personality
 Concepts and Classes of Persons Person- any being that can be subject of legal relations. Classes of Persons: • Natural Persons- Human beings • Juridical Persons- entities formed by the association of men. Personality- aptitude of becoming subject of, active or passive, juridical relations Status of Persons- Legal condition or class which one belongs in society It is the legal or the juridical position of the individual in society, or with regard to the rest of the community

Griswold vs. Connecticut Facts: Griswold was executive director of the Planned Parenthood League while Buxton, his coplaintiff was a licensed physician who served as director of the said league. Both were convicted as accessories by virtue of a Connecticut birth control law which bars them from giving information, instruction and medical advice for contraception, to married persons. A married woman was examined in the league’s headquarters along with her husband and was given a prescription for contraception. Held: The Connecticut Statute which forbids contraceptives abridges the right to marital privacy without due process of the law. The state interest protected by the statute, which is to prevent extra-marital relations is carried out is a manner so sweeping as to penalize the inherent intimacies of couples who have the right to plan their family. Eisenstadt vs. Baird Facts: William Baird was tried for exhibiting contraceptives while delivering a lecture and for

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It is determined by a series of personal qualities, which respectively carry with them certain rights and obligations. A person’s status serves to determine the nature and number of rights and obligations.

Kinds of Status

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Political or Civil, depending on whether he is considered in the light of public law or private law. Rights and obligations in connection with suffrage refer to Political status while those arising from family relations refer to Civil status.

Civil Status Status as a member of society (i.e. resident or nonresident) Status as a member of a family Status with respect to the person himself (i.e. age, mental condition, sex) Profession cannot be considered status because the qualities which create a status should be inherent in the person himself.

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Characteristics of Status- the status of a person is outside the commerce of man hence: It is inalienable in that it cannot be transferred to another; It is imprescriptible in that it cannot be imposed on a person; It cannot be the subject of compromise; It cannot be renounced; It cannot be exercised by creditors CC Article 37: Juridical Capacity is the fitness to be the subject of legal relations. It is inherent in every natural person and is lost only through death. Capacity to act which is the power to do acts that have legal effect, is acquired and may be lost. Juridical Capacity- legal capacity Capacity to Act- aptitude for the exercise of rights which is conditional and variable, requiring intelligence and will. CC Article 40: Birth determines personality. The conceived shall be considered born for all purposes that are favorable to it provided that it be born later. Birth- removal of the fetus from the mother’s womb Conceived Child- can be given inheritance by will or donations CC Article 41: The fetus is considered born if it is alive at the time it is completely delivered from the mother’s womb. For premature birth of less than seven months, it is considered born if it survives for at least 24 hours after its delivery. Separation- cutting of the umbilical cord Test of life- complete respiration or in the case of a deceased child, the lungs should float in water. Viability- the child’s ability to live which is presumed if it survives separation from the mother

Facts: Ciriaco Baldesco and Bonifacio Tirol were among the fourteen who murdered 7 members of the family of Manibpol Kosain. They were convicted of 7 murders and 2 frustrated murders as Manibpol, the father and his daughter, Undang, survived. In the course of the appeal, while awaiting the final sentence, Baldesco died in prison. Held: Baldesco’s civil and criminal liabilities are extinguished by his death however, indemnities shall be paid for through his estate.
CC Article 43: If there is doubt between two or more persons called to succeed each other, as to which of them died first, the one who alleges the death of one prior to another shall have the burden of proof. If no proof is available then it shall be presumed that they died at the same time. Note: There is an issue of succession and not just survivorship. -Rule 123, section 69, paragraph ii: If two or more persons die in a calamity and it cannot be shown who died first and there are no circumstances by which it can be inferred, survivorship is presumed from the probabilities resulting from the strength and age of sexes. 1. <15 years, the older is presumed to have survived 2. > 60 years, the younger is presumed to have survived 3. <15 and >60, the younger is presumed to have survived 4. >15, <60 for both; male is presumed to have survived if sexes are the same, then the older one. 5. <15 or > 60 and >15 ,<60, the younger is presumed to have survived

Geluz vs. Court of Appeals Facts: Nita Villanueva has gone through abortion thrice. Oscar Lazo sued Geluz the abortionist for pecuniary damages which was granted by the Court of Appeals and then appealed by Geluz in the Supreme Court. Held: An unborn child has no juridical capacity and as such, the parents cannot sue for pecuniary damages on its behalf. The child not having been born, the parent’s are not in the position to sue on its behalf because they cannot be considered parents if there is no child to speak of. Moral damages cannot be granted because of the indifference of the father.
CC: Article 42: Civil personality is extinguished by death. The effect of death upon the rights and obligations of the deceased shall be determined by law, by contract or by will. -For certain purposes, the personality is deemed to continue in the estate of the deceased which has a legal personality independent of the heirs.

People vs. Tirol

vs. Navarro Facts: During the Liberation of Manila, Joaquin Navarro Sr., his wife Angela Joaquin, his three daughters, Pilar, Conception and Natividad and Joaquin Navarro Jr together with his wife Adela Conde and friend Francisco Lopez, sought refuge inside German Club. The three daughters were instantly killed. Joaquin Sr., Joaquin Jr., with his wife and friend, fled the place leaving Angela Joaquin in the German Club. Immediately after leaving the place, as attested by Francisco Lopez, Joaquin Jr. was shot in the head. Minutes later, German Club collapsed presumably killing Angela Joaquin inside. Days later, Joaquin Sr. died in a confrontation. The victims were survived by Ramon Joaquin, natural child of Angela Joaquin by her first marriage and Antonio C. Navarro, and son of Joaquin Navarro by his first marriage. The Court of Appeals invoked the statutory provision on the presumption of survivorship. Held: The statutory provision cannot be invoked because there are evidences as attested to by
Joaquin

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Francisco Lopez, from which it can be inferred that Angela Joaquin survived Joaquin Navarro Jr. before having died herself.
CC Article 44: The following are juridical persons: 1. The State and its Political Subdivisions 2. Public corporations, institutions and entities which are created by law 3. Private corporations, partnerships and associations to which the law grants juridicalpersonality. -Corporation is an artificial being created by law and as such, enjoys certain rights and privileges that can be afforded to it. CC Article 45: Juridical Persons such as the state and public corporations are governed by laws recognizing them. Private corporations are governed by laws of general application on the subject. -Corporations are governed by its charter and the Corporation Law -Private Partnerships are governed by its articles of association and their contract. CC Article 46: Juridical Persons may acquire and possess property, incur obligations and liability or criminal actions in conformity with laws and regulations of the organization. Juridical capacity is extinguished upon dissolution of the corporation, association or partnership. CC Article 47: Properties and assets of dissolved corporations or other entities shall be disposed of in pursuance to the law or the charter creating them. If nothing is specifically written, then it shall be applied for the benefit of the region, province or municipality which it derived principal benefits from.  Capacity to Act and Restrictions Thereon Presumption of Capacity

Held: Burden of proof for insanity lies on the person who alleges it. There were no evidence to prove insanity, save from the declaration of the Court of First Instance. There were, in fact, a preponderance of evidence stating otherwise, among these are the lack of restriction on the husband (the husband is not habitually insane), the apparent sound mind of Villanueva during the execution of the contract (he understood the nature of the bond), and he has made contracts prior to that (the husband had not been insane prior to the execution of the bond).
Restrictions CC Article 6: Rights may be waived unless it is contrary to law, public order, public policy, morals or good customs or prejudicial to a third person’s rights. -Kinds of Rights: 1. Rights of Personality-rights which protect the human personality. 2. Family Rights-rights of a person as a member of a family. 3. Patrimonial Rights- Rights referring to ownership, etc. CC Article 38: Minority, imbecility, the state of being deaf mute, prodigality and civil interdiction are mere restrictions on capacity to act, and do not exempt the incapacitated person from certain obligations. Minority- by virtue of RA 6809, the age of majority has been lowered to 18 from 21. Insanity or Imbecility- includes various forms of mental diseases. Some may sometimes only be mentally deficient. Deaf-mute- No longer to be presumed an idiot and is now considered capable of entering into contracts if is shown to have sufficient mental capacity. Prodigality- characterized by excessive drinking, gambling, idleness or debauchery CC Article 39: The following circumstances limit a persons capacity to act: Insanity, imbecility, being deaf-mute, civil interdiction, prodigality, family relations, alienage, absence, insolvency and trusteeship. Capacity to act is not limited on account of religious belief or political opinion. A married woman, eighteen years of age are qualified for all aspects of civil life except if specified otherwise. Note: We always presume what is normal. Otherwise, our daily lives will be greatly affected. A. Minority CC Article 1327: Unemancipated minors, insane or demented persons and deaf-mutes incapable of writing, cannot give consent to a contract. CC Article 1390 (1): In cases where one of the parties is incapable of giving consent to a contract, the contract becomes voidable* or annullable even though there was no damage to the contracting party.

Standard Oil Co. vs. Arenas Facts: Juan Codina Arenas, Francisco Lara del Pino (principals) and Alipio Lacso, Vincente Sixto and Siy Ho (sureties) assumed obligations to pay jointly and severally to Standard Oil Co. the sum of P3,305.76 three months from the execution of the bond, with 1% interest per month. Arenas and Lara del Pino failed to pay the bond and, as sureties, Vincente Sixto along with Siy Ho and Alipio Lacso are compelled to pay the said amount. The court declared Vincente Sixto in default for having failed to show up at the trial concerning the said bond and was ordered to pay the defendants the amoun. Elisa Torres de Villanueva appeared in court alleging that her husband, Sixto Villanueva, had been declared permanentlyinsane by the Court of First Instance of Manila and wishes for the exemption of the husband from paying the said bond as he is said to be suffering from monomania of wealth.

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 Braganza vs. insofar as the minors were concerned was not valid. Bambalan vs. according to the promissory note. etc. Braganza will pay P10. Those solemnized by a person not legally authorized to perform a marriage unless the married couple believed in good faith that the person was authorized SOP SOP SOP .000 in legal currencies. deceased. The two sons were minors at the time the contract was signed. CC Article 1397: Persons who are capable cannot allege the incapacity of those with whom they contracted. Maramba and Muerong Facts: Isidro Bambalan was the heir of a piece of land owned by Vicente Lagera. name. When necessaries* are sold and delivered to a minor or a person without capacity. because of lack of consent from the parent or guardian. to sign a deed of sale as his mother will otherwise be put in prison. signed a promissory note indicating that they will pay a loan given by a certain Fernando Villa Abrille. However. Effect on Contracts Mercado vs. Bambalan signed the contract and both Muerong and Maramba knew of his age as they were the ones who procured the cedula necessary to certify the contract. returns the thing or price he received. The loan amounted to P70. Held: The contract. indicating that the pictures taken by Gary Gross may be used for whatever purposes. as stated in Section 3-105 of the General Obligations Law. Plaintiff requested the court to prevent defendant from using her pictures. CC Article 1427: When a minor pays according to a contract. Espiritu. Guillermo and Rodolfo. may contract marriage. Gross Facts: In 1975. upon the annulment of the contract. Bambalan was forced by Maramba and Muerong to whom the mother owed P150. Held: Plaintiff’s age was known to the contracting parties as such. Those contracted by any party below 18 years. they must make restitution insofar as they benefit. the consent was valid.166. *barred from disputing the genuineness of the deed of sale. the contract is not valid and the right of Bambalan as a minor can be enforced. Non-jury court prevented the defendant from using the pictures for advertising or trade on the grounds that court approval for a minor was necessary to validate the consent. as in the case of Mercado vs. Held: By virtue of Section 50 and 51 of the Civil Rights Law. a consent was given by her mother on her behalf.. the sum of money delivered cannot be returned to the minor because the other party is expected to have spent it in good faith. Villa Abrille Facts: Rosario Braganza and her sons. is valid and binding. CC Article 1426: There is no right to demand a thing or price from a minor who. they not pay 2/3 of the amount stipulated in the contract but merely the amount that was loaned to them which was P1. • Effect on Marriage of Minors FC Article 5: Any male or female aged 18 and above. CC Article 1489: All persons authorized by the Code can enter into a contract of sale. even with the consent of a parent or guardian 2. appear to be so. *A voidable contract is one whose validity can be disputed in court as opposed to **an unenforceable contract which is valid or binding only between the two parties but is likewise unenforceable in court. *Those which are indispensable for sustenance. Shields vs. when Brooke Shields was 10. a person’s pictures.000 in Japanese currencies and. CC Article 1399: An incapacitated is not obliged to make restitution except in so far as he has benefited from the contract. As such.00 in legal currencies. he must pay a reasonable price therefore. In the deed of sale the minors stated they were of legal age when they made the manifestation in front of the notary public and then signed it. without the consent of his parent or guardian. Section 3-105 cannot be invoked as Shields did not fall under the categories stipulated under the said statutory provision. FC Article 35: The following are void marriages from the beginning: 1. EspirituFacts: The annulment of a deed of sale was sought on the ground that two of the four parties in the deed were minors when the deed was executed. his or her parents can give the consent.5 CC Article 1403 (3): A contract where both parties are incapable of giving consent is unenforceable** unless ratified. They are therefore estopped* from alleging otherwise. can be used if written consent is given. If the person is a minor. Held: Contracts signed by minors who allege they are of legal age and in fact. As such.

They witnessed however. No such proof exists and prior to the confinement of the deceased in Hospicio de San Lorenzo.2 which states that males between 16-18 and females between 1418 must obtain parental consent to be granted marriage. Any person who causes an injury while performing a lawful act. Cristina Coe and Pedro Doe filed a motion to interfere as they had a stake at the outcome of the trial. Any person who allows his or her anger to go so far as to make them reckless does not excuse him from criminal liability. he was convicted of parricide for which he appealed. that is not sufficient as to say that the defendant was in sane. An imbecile or insane person (unless he acted during a lucid interval). if he is— 1. Nine days later. Witnesses do not know of any prior disagreement between the deceased and the defendant which may have caused a sudden outrage. Ten mining claims were located and as prospector.000. Over 9 years and under 15 and it has been proven that he acted with discernment then a discretionary penalty shall be imposed which must always be lower by two degrees than that which the law prescribes for such crime. • Effects on Crime Carillo vs. Miguela Carillo appealed for the annulment of the said contract stating that Adriana Carillo could not have executed the deed in a lucid state owing to the fact that the land of over 300. going after everyone in sight. Any person who acts under a compulsion of irresistible force. 3.6 3. the claims were filed under Dumaguin’s name in the Office of the Mining CC Article 1327: (Page 5) CC Article 1399: (Page 6) SOP SOP SOP . 4. His wife had filed for guardianship which was granted. Her doctor and the one who executed the notarial instrument also noted that the deceased was responsive at the time they had been with her. CC Article 1328: Contracts entered into during a lucid interval are valid while those entered into in a state of drunkenness is voidable. Although no prior disagreement was witnessed. A person over 9 years of age but under 15. 5. Dumaguin vs. Vaquilar Facts: Evaristo Vaquilar killed his wife and daughter and as such. she was able to manage her estate. that the defendant looked like a madman. 2. 2.000 hectares was sold for only P4. like Maria’s also refused to give her consent to the wedding but unlike Maria. A person under 9 years of age*. Held: The contract is valid. the penalty being the next lower penalty prescribed by law for that crime but always in the proper period. Held: The State’s interest as parens patriae (guardians of the country) in protecting minor from making immature decisions is legitimate and the manner by which this interest is protected is proportionate to the interest. Jaojoco and Jaojoco Facts: Adriana Carillo executed a deed of sale to Justiniano Jaojoco. is unconstitutional. 5. INSANITY • Effects on Contracts US vs. B. Dinkins Facts: Maria Moe and Raul Roe alleged that the New York Domestic law 15. RPC Article 18: Accomplices are those who cooperate in the execution of an offense by previous or simultaneous acts. Cristina’s child was yet to come. which had been left to her by her husband. They stated that they have a child born out of wedlock and they do not wish for their child to grow up with the stigma of illegitimacy. Held: An extremely angry man often acts like a madman. Those solemnized without a license Those bigamous or polygamous Those contracted through a mistaken identity 4. Over 15 years and under 18 years of age. Burden of proof of mental incapacity lies on the person who alleges it. he will be sent to an institution servicing such children with criminal liabilities. His eyes were red and penetrating and he had complained of stomach and head ache before the event occurred. Moe vs. • Effect on Crimes RPC Article 12 RPC Article 12: The circumstances which exempt from criminal liability are: 1. Cristina Coe’s mother. unless it can be proven that he acted in discernment. Carillo was declared to be mentally incapacitated and then died still later. in which case. RPC Article 68: When the offender is a minor under 18 years of age. Dumaguin later acquired a job as a prospector who relocates mining claims to ANACONDA group owned by AI Reynolds and EJ Harrison. EJ Harrison and Big Wedge Company Facts: Paulo Dumaguin was admitted to Hospicio de San Felipe as he was suffering from paranoia. AI Reynolds.

deaf and dumb who are unable to read and write. Prodigality RC Article 92 (2): Persons suffering the penalty of civil interdiction. they were unable to act within the prescriptive period within which they can register their claim. prodigals. *A person whose property is transmitted through a will. Held: The state of being a deaf-mute is not considered an incapacity that will prevent a person from running of a prescriptive period. Civil Interdiction SOP SOP SOP .000. 3. managed the estate by power of attorney but it was revoked because the son has mismanaged and misappropriated the property. The estate was said to have flourished since it was managed by Francisco Martinez’ wife and one half has also been in the ownership of Pedro Martinez. he must be able to personally read the will or designate two persons to read it and communicate with him in a practicable manner. 3. Martinez Facts: Pedro Martinez appealed to the Supreme Court to declare his father. until a deed of transfer was executed. may be a witness to the execution of a will. People vs. Either party was of unsound mind unless the party has come to reason and freely cohabit. Held: Acts of prodigality must show a morbid state of mind and a disposition to spend. if he did own the mining claims. a prodigal. deaf or dumb and able to read and write. If the party was over 18 and under 21 and the marriage was solemnized without the consent of parents or guardian. He added that the administration has also been turned over to his father’s wife. CC Article 820: Any person of sound mind and legal age. prior to the marriage. 5. those of unsound mind and other similar cases. Nevertheless. 4. him being the sole heir of the first wife. In relation to the seven year old. Director of Lands vs. the court has held that a child can testify as long as he or she can understand the nature of the oath. FC Article 47: The persons who can file for an action for annulment are: 1. D. cannot. take care of themselves and manage their property. a seven-year Martinez vs. within years of the discovery of fraud or force. For as long as the requisite intelligence required to understand the nature of the oath can be proven then a deaf-mute can testify. Dumaguin then asked the court that the deed of transfer executed by him be considered null and void because he did not possess the mental capacity to execute such transfers. By the sane spouse who did not know of the other person’s insanity or by the guardian of the insane or by the insane spouse during a lucid interval. Also. Either party was physically incapable of consummating the marriage and the incapacity is incurable.7 Recorder. in relation to STD and Impotence. a deaf and dumb girl. having been employees of ANACONDA group. it would have been aptly named “deed of transfer. As such. Consent by either party was obtained by fraud or force. Defendant stated that the son had. Held: A person under guardianship could still enter into a contract provided that he or she was not in mental defect during the execution of the contract. waste and lessen the estate to such an extent as to expose the family to poverty. Pedro Martinez alleged that since his father’s marriage to Anastacia Ilustre. 4. By the party whose parent or guardian did not give consent. Francisco Martinez. it was within the confines of their job to execute such transfers. his father’s second wife. within 5 years after attaining the age of 21. de Leon) because it is not sufficient. after 5 years of marriage. For the injured party. or by the parent or guardian before the minor reaches 21. without aid. Either party was afflicted with STD which is incurable. The defendant alleged that neither Rufina nor Severa can testify as one was deaf and dumb and the other too young. Held: The theory that deaf and dumb persons cannot testify as a competent witness has been dispelled (People vs. unless after reaching the age of 21 the couple has continued to cohabit. Sasota Facts: Fidel Sasota was found guilty of raping Rufina Barbuco. FC Article 45: A marriage may be annulled for any of these causes: 1. 2. 773 and 810 which was previously owned by their grandmother.” • Effect on Marriage old girl who testified along with Rufina. the wide and her parents have been given properties amounting to $200. 2. Abelardo Facts: Director of land claims that the failure of Fulgencia and Jose Dino to register any claim to lots nos. By the injured party. C. hospitalized lepers. The crime was witnessed by Severa Barbuco. E. is due to their being deaf and dumb. State of Being Deaf-Mute CC Article 1327: (Page 5) CC Article 807: If the testator* is deaf or a deaf-mute. not blind.

CC Article 1490: Husband and wife cannot sell property to one another when separation of property has been agreed upon and there has been judicial separation. Person missing for 4 years after taking part in a war. Revenues. 2. Encumbrance or disposal of property shall be with the authority of the court or with the written consent of the spouse. Person who after being in danger of death has not been heard from for four years. the decision of the husband shall prevail and the wife may appeal for remedy in court within 5 years since the implementation of the contract. For purposes of succession. In case of disagreement. CC Article 54: Males 16 years upwards may contract marriage while females 14 years upwards may contract marriage. grants and endowments shall be exempt from taxes. certificate or any form of authorization for operation of public utility may be granted to citizens of the Philippines or corporations. 2.5: Acts which are committed in immediate vindication of a grave offense to the one committing the felony (are mitigating circumstances). G. H. The State may undertake such activities directly. cooperatives. RPC Article 11. RPC Article 13. All executive and managing officers of public utilities must be citizens of the Philippines. The same is true for persons living together as husband and wife. I. associations wholly owned and managed by such citizens. FC Article 87: Donations or grants given directly or indirectly between spouses during marriage are void with the exception of moderate gifts. ascendants. joint venture or production sharing with Filipino citizens or corporations or associations where 60% of the capital is owned by Filipinos. either as to person or property. If they have been separated for at least 1 year. No group of aliens shall comprise more than one third. 3. exploration. FC Article 124: Conjugal partnership property belongs to spouses. CC Article 391: The following are presumed dead for all purposes: 1. Person on board a lost sea vessel or aeroplane. are considered incestuous and void. jointly. Any person prejudiced by the donation or grant may question its validity. natural or adopted brothers and sisters. except in cases of hereditary succession. with the exception of agricultural lands. When they are judicially separated. A contract with the authorization of the spouse is binding. Marriage CC Article 2259: The capacity of a woman to enter into contract is governed by the civil code even if the marriage occurred prior to the enactment of the said code. Section 7: No private lands shall be transferred to individuals. Spouse may assume sole powers in case the other is incapacitated. corporations or associations qualified to acquire land. legitimate. Filipino citizens or corporations and or associations wherein seventy percent of capital is owned by citizens of the Philippines shall be allowed to engage in the advertising industry. The same is true for agreements with foreign-owned corporations.2: Relatives that can be defended (without criminal liability): spouses. As such. apart from those owned by religious groups or mission boards must be owned solely by citizens of the Philippines or corporations or associations at wherein 60% of the capital is owned by citizens. in co-production. descendants. PC Article XVISection 11: Ownership and management of mass media shall be limited to citizens of the Philippines or corporations. Section 11: Franchise. relatives by affinity in the same degree or relatives by consanguinity of the 4th civil degree. CC Article 1109: Prescription* does not run between husband and wife even though there is a separation of property agreed upon in the marriage settlements. Alienage PC Article 12Section 2: All natural resources. Family Relations FC Article 37: Marriages between ascendants and descendants of any degree or between brothers or sisters full or half-blood. No educational institution shall be established exclusively for aliens. F. Section 4: A married woman cannot be sued alone without joining her husband except: 1. Absence CC Article 390: An absentee shall be presumed dead for all purposes. These provisions do not apply to schools established for foreign diplomatic personnel and their dependents. Congress may legislate to increase Filipino equity participation. PC Article XIVSection 4: Educational institutions.8 RPC Article 34: Civil interdiction shall deprive the offender of the rights of parental authority or guardianship. are owned by the state. Congress shall prohibit monopolies in commercial mass media for the sake of public interest. The same is true between parents and children that are still minors or those considered insane and between guardian and ward. Only small-scale utilization of marine life is allowed. after an absence of seven years. CC Article 123: A person under civil interdiction may contract marriage provided that there is a court designated guardian available to witness the said marriage. All executive and managing officers must be citizens of the Philippines. RC Rule 3. This is dictated by the principle of unity of personality of spouses. development and utilization are under its full control and supervision. SOP SOP SOP . associations or organizations where at least 60% of the capital is owned by Filipinos. absentee shall be presumed dead after 10 years or 5 years for those 75 and above. Section 8: Natural-born citizens of the Philippines who has lost citizenship maybe a transferee of private lands subject to limitations provided by law.

Marriage Contracts: Ordinary contracts may be entered into by any number of persons of whatever sex while marriage can be entered into only by one man and one woman. When the suit involves her paraphernal property. Neither can it be terminated even though one of the parties subsequently becomes incapable of performing his part. occupation or a business in which she is engaged. 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. -A status involving duties or responsibilities which are no longer matter for private regulations but the concern of the state. FC Article 1: 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. Marriage Nature of Marriage -Procedure by which a man and a woman become husband in wife. This article was created to provide adequate legal remedy. Mutual help Immediate purpose: constitute a complete and perfect community between two individuals of different sexes. -Civil or social institution which is the foundation of a family and origin of domestic relations.. Ordinary Contracts vs.an act done with knowledge of the effect Seduction.abstaining from taking advantage of others. The right of families to participate in the planning and implementation of policies and programs that affect them. -The exercise of a right ends where the right disappears and it disappears when it is abused. Breach of Promise CC Article 19: Everyone must act with justice. -A bride or groom who breaks an engagement without reason causing moral and material injury to the other party is liable for damages especially if the decision is made just before the wedding and after a long engagement. 8. Education of the offspring 3. Reproduction 2. give everyone his due and observe honesty and good faith. to the prejudice of others. 3. When the litigation is between husband and wife.9 3. Good Faith. except that marriage settlements may fix the property relations during the marriage within the limits provided by this code. Remote purpose: preservation of human race. Section 4: The family has the duty to care for its elderly members. Willful Act. In ordinary contracts the agreement of the parties have the force of law between them while in marriage. wherein a woman who was promised with marriage gives herself to a man but was later left by the man qualifies as deceit and may be used as basis for indemnity. 4. and special protection. 7. -Acts which are not unlawful but are likewise contrary to morals or good customs. PC Article XV*The states role is to protect the family as the foundation of society. 2. 4. Section 1: State recognizes the Filipino family as the foundation of the nation. good customs or public policy is liable for damages.The State’s role is to protect the family as the foundation of the nation. there should be civil liability. 5. So long as there is a wrongful act and a resulting injury. Section 3: State shall defend1. - . Ordinary contracts can be terminated by mutual agreement of the parties while marriage cannot be so terminated. If the litigation is based on the profession. The right of family to a family living wage income. Purposes of Marriage 1. SOP SOP SOP . -A person is required to act with prudence and diligence. The right of children to assistance. CC Article 21: Any person who willfully causes loss or injury to another in a manner contrary to morals. public order or policy shall fall under this provision. When the action is a civil liability arising from a criminal liability. Breach of ordinary contracts gives rise to an action for damages while breach of the obligations of a husband or a wife does not give rise to such an action. 6. Section 2: Marriage is an inviolable social institution. the law fixes the duties and rights of the parties. uniting for life. CC Article 20: Every person who willfully or negligently causes damage to another shall be liable for indemnity. If the administration of all the property has been transferred to her. When there is a separation of property agreed upon in marriage settlements. The right of spouses to found a family in accordance with their religion and the demands of responsible parenthood.

an example given by the code commission under Article 21 connotes deceit. On July 11. plaintiff was awarded P2. Sydney Graham contracted with Margarethe Graham to the effect that Margarethe shall pay Sydney the amount of $300 per month until such time that the parties no longer desire to continue with such an arrangement. 1954. No such settlement happened and several times. At that time. -Women were converted into “crypto servants” contributing ¼ of the Gross National Product by way of efficient consumerism. 2. he had made it apparent that he wanted the child carried by Antonia to be recognized as his. the wedding has been aptly prepared and the visitors had been notified and so.500 for attorney’s fees. CA Facts: Apolinario Tanjanco and Arceli Santos are both of adult age.000 moral damages and P2. there being fault or negligence. that the plaintiff was affected is no longer in question. Such fault or negligence is considered a quasi-delict and is governed by law. Antonia then filed a suit against Syquia. Velez Francisco Velez and Beatrice Wassmer decided to get married on Septemeber4. The plaintiff then filed a suit against his former wife in order to claim the SOP SOP SOP . is obliged to pay for the damage done. to recover P30. Civil indemnity is due in this case. there was no proof to compel such action. De Jesus vs. Held: Supreme Court affirmed the judgment on the grounds that the breach of promise was not satisfactorily proven. the defendant was held in default and as such.000 actual damages. On Sept. after the birth of the child.” For a while the two partners lived under one roof with Antonia’s mother.the disguise for the exercise of male authority Neoclassical Consumer Equilibrium.the distribution of income to various uses so that satisfactions are roughly equal to the margin -Decisions depend on who earns a living. -The lady of the house is the chief menial to the household. Wassamer vs. Such features are not present in the case wherein there where several instances of sexual intercourse for a period of almost one year. In relation to the second child being recognized.10 -The injury must be the proximate cause of an act. the defendant asked for extension. Syquia left. owing to the fact that the sexual relations continued even after the birth of the first child and even though there was still no marriage.Whoever by act or omission causes damage to another. -Rising standards of popular consumptions saw the need for household managers—married women. The following day. Another child was conceived. and abuse of confidence. 1933. When plaintiff filed for evidence before the clerk of court. upon which. was contrary to good customs. After almost a year of such relationship. Trial court ordered that the first child be recognized and for Syquia to pay a monthly maintenance of P50. At the christening of the child. Velez left a note saying that the said marriage has to be postponed. Seduction. then refused to marry Santos who was no longer able to support herself and the child. -Women had only the power to implement decisions and not make them. Defendant filed a motion for relief and court gave both parties enough time to settle outside of court. enticement.000 for damages for breach of promise to marry and to pay for her maintenance along with the two children. Through a letter to a priest. Syquia Cesar Syquia had sexual relations with Antonia Loanco. only a few days before the wedding. P25. Santos consented to have sexual intercourse with Tanjanco with the promise of marriage. Graham Facts: On September 17. Santos conceived of a child and due to humiliation she left her job at IBM Philippines where she received P230/ month. -No person shall unjustly enrich himself at the expense of another. Tanjanco. plaintiff has never heard from him. Household. the married couple divorced. never to be heard from again. In several other letters. -“The service of women to the economy is based on her sense of duty and capacity to affection. Held: The manner by which the defendant left the plaintiff. CC Article 2176. She was then prompted to sue for moral damages and to compel the defendant to support herself and the child.” Graham vs. Tanjanco vs. he referred to the child as “junior. 1940. -Diversity and consumption increase made household management complex thereby requiring management skills. Antonia named the child Ismael Loanco. another note arrived saying the marriage was still going to push through. After that. Marriage Models “Economics and the Public Purpose” By John Kenneth Galbraith -Industrialization eliminated the need for women to work. Held: Article 21 cannot be invoked in this case as it was already evident to the woman that Tanjanco no longer had any intention of marrying her even before she conceived of a child.

allowing either parties to marry again without danger of becoming subject to any legal action from either of the two parties. it would invite an endless field of controversy and litigation and would destroy the element of flexibility needed in making adjustments to the new conditions of marital life. A person has a common right to adopt any name he or she wants to be known with. as stated in Article 1 of the Family Code. It was more by practice rather than by law. the basis of the decision was Part 4 of Article 191 of the Civil Code which stated that husband and wife may agree upon the dissolution of marriage subject to judicial approval. Held: Respondent’s action was void as it violated Article 221 of the Civil Code which states that contracts and any extrajudicial agreements are void. -Women also begun entering professions that have almost exclusively been for men. Dunn vs. With this. private contracts between married individuals which are contrary to public policy are unenforceable by virtue of Sec. the traditional norm of stay-at-home-mothers had already changed. According to the respondent. SOP SOP SOP . was already married to someone else. Palermo lodged information of her change of address listing her name as Palermo. Because of a state-wide compulsory registration law. the birthrate had reached a level of zero population growth. -By 1970’s. Marriage. the husband’s name was used to indicate the marital status of a woman. was due mainly to his idea that a seven-year separation will allow for such action. he called on Baniquit who at that time. citing Sec.11 remaining amount of money that he should be accorded by virtue of the contract. Chafe -In the 1970’s. Santiago’s mistake. 2-206 which states that registration of a person shall be purged 90 days after he changes his name or otherwise. The registrar was prompted to purge the name of Palermo from the registration list because Palermo refused to change her name. The Changing Status of Women Palermo went to court seeking that the interpretation of the said rule be declared erroneous or the statute be declared unconstitutional. The use of husband’s name was mainly for indicating marital status.” The court held that if contracts which are contrary to the essential obligations of marriage wee permitted.shifting values interacted with changing economic conditions to create a new pattern of family and work life. separated. Selanova vs. 1939 was $25. is not subject to the stipulation. according to him. the status of women had already transformed because of social and economic forces. When Void? In Re: Santiago Facts: This is an administrative case concerning Atty. In finding out his mistake. it being in violation of the 14th amendment due process and equal protection clause. the common law does not compel women to use their husband’s name. Palermo Facts: Rosary Palermo who is married to Denty Cheatham has continued to use her maiden name since her marriage. Also.000 with 3% interest per annum. -After the “baby boom” of the 1950’s. Roque Santiago who executed a document wherein it was stipulated that Ernesto Baniquit and his wife Soledad Colores were from then on. The total amount claimed until November 7. Held: The advice given and the document tended to subvert the vital foundation of the family. Plaintiff alleged the contract was done so that he can accompany his wife on her travels.  Private Contracts: When Valid. Held: The use of a husband’s name is customary and as such. The defendant on the other hand alleged that the contract was not within the powers of a married woman under a Michigan law and that the divorce should have effected the termination of the said contract. 587 entitled “Bargain to Change Essential Obligations of Marriage. -There was a trend in later marriages and of young women of child bearing age joining the labor force. The defendant ratified the document with the assurance that the spouses would ask the Court of First Instance to approve the agreement.  Challenges to the Traditional Marriage Models “Looking Backward in Order to Look Forward” By William H. In the past. women have no general power to enter into a contract except in separation of properties. It was stipulated in the document that the spouses should withdraw the adultery and concubinage cases each had filed against another. Baniquit got married to Trinidad Aurelio. Mendoza Facts: Judge Alejandro Mendoza prepared and ratified a document extrajudicially liquidating the conjugal partnership of Saturnino Selanova and Avelina Ceriza. Multiplier Effect. Held: Under the Michigan law invoked by the defendant. there was a downturn in the birthrate such that by 1970’s.

If there is any irregularity in the formal requisites. After the marriage. Plaintiffs claim that the decision abridges the Equal Protection clause and Due Process clause of the fourteenth amendment. Goodridge vs. He only did so to escape criminal liability. each of the plaintiff couples attempted to obtain the marriage license from their respective city or town clerk’s office. who later found a protestant minister who administered the marriage of Santiago to Masilang. Plaintiffs filed a suit alleging that exclusion of same-sex couples from access to marriage license and civil marriage and its benefits is in violation of Massachusetts law. Held: Without the right to marry or the right to choose to marry. in Massachusetts. Department of Public health Facts: In March and April of 2001. 18 years old. a few paces from Manila North Road. After the deed was done. Held: The marriage is void first. As such. in many widely circulated dictionaries. State Facts: Same-sex couples brought action against the State. Legal capacity of contracting parties who must be male or female. while valid. the validity shall not be affect validity but either or both parties are civilly. because the victim did not have his father’s consent to marry and second. Held: Defense of procreation is not sufficient because same-sex couples are still capable of procreation although their methods may not be traditional. 2. the clerk in each case refused to accept the notice of intention to marry or denied a marriage license on the ground that Massachusetts does not recognize same-sex marriages. these couples are capable of rearing children in such a setting. Held: Government is established for the common benefit of the people and community as a whole. because the victim was under duress and was thereby incapable of giving her consent freely. The consent referred to here is not the consent of Felicita but that of Felipe who had no intention of marrying Felicita. the victim was given a few pesos and was told to leave. city and town seeking declaratory judgment that the refusal to issue them marriage licenses violated the common benefits clause of the Vermont constitution.  Consent Freely Given FC Article 4: Marriage is rendered void in the absence of any of the essential requisites (stated in Article 2 of FC). SOP SOP SOP .12 Judicial sanction for annulment of marriage should have been secured before hand.  Requisites of Marriage Essential Requisites of Marriage FC Article 2: Essential Requisites of marriage are— 1. the marriage is void because the consent of Santiago is not freely given. Consent that is freely given in the presence of a solemnizing officer authorized by the state to conduct such marriage. Hallahan Facts: Two women appealed the decision of the Circuit Court which held that both of them cannot marry one another. Rather. one is excluded from the full range of human experience and denied full protection of the laws for one’s commitment to lasting human relationships. The plaintiffs were not being prevented by the statutory provision to marry. Held: Marriage. the defendant’s uncle. Likewise. are defined as a “union between man and woman. it is done through a civil union. as upheld by 37 states in the United States 4 States have explicitly banned same-sex marriages. Defense of Marriage Act. criminally and administratively liable.Defense of marriage as an institution. they were being prevented by themselves. Also. FC Article 45: (page 8) People vs. - Vermont and Massachusetts have come up with legislation that would allow same-sex couples to enjoy the benefits that opposite-sex married couples enjoy. After their requirements had been completed. The state interests in preventing the marriage of same-sex couples which are: Procreation and uniformity with other states.  Legal Capacity of Male and Female Jones vs.” and there is no authority to the contrary. same-sex marriage is now allowed. Felipe Santiago did not really intend to marry Felicita Masilang. Same-sex couples should be afforded the same benefits as opposite-sex couples by virtue of the Equal Protection and Due Process clause of the 14th amendment. Plaintiffs claim that denial of marriage license was tantamount to denial of legal benefits and protections of marital relations. In Vermont. defendant brought the girl to the house of Agaton Santiago. Baker vs. should not be employed through a means that would prevent same-sex couples from acquiring the benefits inherent to married life. Felipe Santiago Facts: Felipe Santiago raped Felicita Masilang. affirmed by the Massachusetts law which allows adoption for same-sex couples.

likewise only in cases mentioned in Article 32. 5. *At the point of death FC Article 32: A military commander of a unit. criminally or administratively liable. rabbi. Tagadan and Arlyn Borja despite knowledge that the groom was only separated with his former wife who was already absent for seven years. during a military operation. in the absence of the latter. Authority of the Solemnizing Officer FC Article 7: Marriage may be solemnized by: 1. acting within the limits of the written authority granted him 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. Navarro against Hernando C. Any consul-general. shall likewise have authority to solemnize marriages in articulo mortis between persons within the zone of military operation. 4. Any incumbent member of the judiciary within the court’s jurisdiction. marriages solemnized by a license obtained wrongfully. Any priest. Lastly. 4. An irregularity in the formal requisites shall not affect the validity of the marriage but the party or the parties responsible for the irregularity shall be civilly. A resulting irregularity that will not affect the validity of the marriage is one where there is mistake of fact and not mistake of law. except as stated in article 35 a.External to the parties Formal Requisites of Marriage FC Article 3: Formal Requisites of Marriage— 1. A defect in any of the essential requisites shall render the marriage voidable as provided in article 45. Any military commander of a unit to which a chaplain is assigned. Marriage ceremony with the appearance of contracting parties before a solemnizing officer. merely renders the marriage to be irregular and is not null. In the case at hand. 3. Judges may only officiate weddings within their jurisdiction otherwise there will be an irregularity SOP SOP SOP . Domagtoy who allegedly solemnized the marriage between Gaspar A. Held: On the second marriage. imam or minister of any church or religious sect duly authorized by his church or religious sect and registered with the civil registrar general. whether members of the armed forces or civilians. the request only came from one party. Two witnesses that are of legal age. the respondent judge also solemnized the marriage of Floriano Sumaylo and Gemma del Rosario outside the jurisdiction of the respondent. Guerra Facts: Petition was instituted by Eduardo Eigenmann to annul his marriage to Maryden Guerra on the grounds that he was a minor who needed consent from his parents when he married (16-20 years old) and such consent was not given. The same is true if the solemnizing priest s not authorized by his church. 2. Domagtoy Facts: This is an administrative case filed by Rodolfo G. CC Article 3: Ignorance of the law excuses no one from compliance therewith. FC Article 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. FC Article 35 (2): The following marriages shall be void from the beginning: (2) Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in god faith that the solemnizing officer had legal authority to do so. FC Article 4: The absence of any of the essential or formal requisites shall render the marriage void ab initio. who is a commissioned officer. Ignorantia legis non excusat FC Article 10: Marriages between Filipino citizens abroad may be solemnized by a consul or vice-consul of the Republic of the Philippines. Declaration that they take each other as man and wife. Any ship captain or airplane chief only in the cases mentioned in Article 31. Held: The marriage license confirmed that plaintiff misrepresented himself to be of legal age there for he is subject to an estoppel preventing himself to invoke minority. 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. void or voidable. Without registration of the solemnizing officer with the office of the Civil Registrar the marriage is void.  Formal Requisites . 3. Valid marriage license except in cases provided. Also. Mangonon de Buccat Eigenmann vs. 5. The said threat was not sufficient to hold that he was coerced into consenting to the marriage because it was not really threatening. Navarro vs. consul or vice-consul in the case provided in Article 10. He alleged that he was threatened and coerced into the marriage and that the solemnizing officer who administered the marriage license was not authorized thereby rendering the said license void ab initio. there is a resulting irregularity because marriage may only be conducted elsewhere only if there is a written request coming from both parties.13 Buccat vs. 2. Authority of the solemnizing officer.

The authority of the judge to solemnize a marriage is derived from the marriage license. Held: Marriage ceremonies. assured that the contract will be released after 10 days. Borromeo Facts: Defendant Elias Borromeo appealed his conviction of parricide and his sentence of reclusion perpetua. no such license ever came. Respondent judge claims that the failure to produce the contract was due to the failure of the Local Registrar of Pasig to release the marriage license. Then petitioner Castro was separated after four months of marriage with Cardinas. Bernabe for grave misconduct and gross ignorance of the law. Aranes vs. Castro filed a petition for a judicial declaration of nullity of her marriage to Edwin F. PD965: A decree requiring applicants for marriage licenses to receive instructions on family planning and responsible parenthood. On July 3. He claimed that Susana Borromeo was not his wife because no marriage contract was executed during their marriage. The respondent was also said to have failed to transmit a copy of the marriage Republic of the Philippines vs. Respondent judge claims that he agreed to solemnizing the marriage provided that the license will be delivered to him on the same day however.14 with the formal requisites. The contracting parties shall state the foregoing facts in an affidavit before any person authorized by law to administer oaths. No record of the application for a marriage license because it was denied when the husband failed to present the death certificate of his first wife. If parties were not what they hold themselves to be. defendant killed his wife. except in marriages where no license is required in accordance with chapter 2 of this Title.  Marriage License FC Article 9: A marriage license shall be issued by the local registrar of the city or municipality where either contracting party habitually resides. Cabrera Facts: Andon Seguisabal charged Judge Jose Cabrera of gross misconduct and grave ignorance of the law for solemnizing the marriage of Jaime Sayson and Marlyn Jagonoy without the requisite marriage license. Held: No marriage shall be solemnized without a marriage license otherwise it will be rendered void ab initio. claim that there was no marriage license was only supported by a “due search and inability to find” certification issued by the local civil registrar of Pasig and Caustro’s own testimony. According to the complainant. He was assured. he agreed to conduct the ceremony but reminded the plaintiff and her husband of the consequences of conducting the ceremony without a marriage license. Moreno vs. Held: Defendant testified that he was indeed. Held: Respondent judge is liable for failure to ascertain the existence of a marriage license. absent of a marriage license. the authority of the judges of inferior courts to solemnize marriage is confined to their territorial jurisdiction. they will be living in constant violation of the law. persons living together in apparent matrimony are presumed to be married unless evidence is presented to show otherwise. Occiano Mercidita Aranes charged presiding judge Salvador Occiano of gross ignorance of the law for solemnizing her marriage with her husband without a license and outside his jurisdiction. The certification of “due search and inability to find” is sufficient to hold that no proof of license exists and the testimony is sufficient because the marriage was a secret marriage and under the circumstances it is understandable that there can be no other witness. married to Susana Borromeo. are void ab initio. “Such is the common order of society. Susana Borromeo. Bernabe Facts: Marilou Nama Moreno filed the complaint against Judge Jose C. As such. 1981. under BP 129. FC Article 34: No marriage 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.” Seguisabal vs. Cardinas which was granted by the Court of Appeals. that the license was forthcoming as such. when he solemnized the marriage. Castro sought for the nullity of her marriage before she left for the US. Nevertheless. had there been an actual absence of a marriage contract. respondent judge solemnized her marriage with Marcelo Moreno. Presenting a marriage license after the solemnization of the wedding does not. The solemnizing officer shall also state under oath that he ascertained the qualifications of the contracting parties and found no legal impediment to the marriage. Plaintiff Republic of the Philippines challenged the decision of the appellate court because Castro’s SOP SOP SOP . CA and Castro Facts: Angelina M. in any way validate the marriage. Also. Article 8 states that marriages may be conducted elsewhere provided that there is written request coming from both parties to the marriage. People vs.

The documents and affidavits filed in connection with applications for marriage licenses shall be exempt from documentary stamp tax. A certificate of marriage was likewise signed by the Justice and the witnesses attesting that a marriage did ensue. The document was signed by the defendant and plaintiff and the Justice of Peace and two witnesses namely Zacharias Esmero and Pacita Ballori.Whatever venue is chosen. if any. 5. 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. Tan Facts: Rosalia Martinez and Angel Tan signed a petition directed to the Justice of Peace stating therein their agreement to contract marriage. or in the office of the consul-general. That the parties have entered into a marriage settlement.15 contract he signed to the Office of the Civil Registrar of Toledo City within the required 15 days. It shall be necessary however. Pacita Ballori attested otherwise. Plaintiff alleged that she did not attend the ceremony and that she only signed it. In case of marriage in articulo mortis. Years later when Marlyn Jagonoy returned asking for the marriage contract so that she can claim the pension of her deceased husband. 3. consul or vice-consul. and not elsewhere. 2. as the case may be. That either or both of the contracting parties have complied with the legal requirement regarding parental advice (where it applies). several letters from the plaintiff for the defendant prove that plaintiff indeed intended to marry the defendant. Requisites of Marriage Ceremony: For both parties to appear personally before the solemnizing officer. specifying the barrio or barangay. SOP SOP SOP . chapel or temple. to the local civil registrar of the place where the marriage was solemnized. and the affidavit of the contracting party regarding the solemnization of the marriage in another place. respondent judge issued a marriage contract despite of the knowledge that there is still no marriage license as the deceased and his widow failed to attend a family planning session. 4. when the party at the point of death is unable to sign the marriage certificate. the marriage may be solemnized at a house or place designated by them in a sworn statement to that effect. Held: Cabrera was expected to follow the dictates of his profession. Proper receipts shall be issued by the local civil registrar to the solemnizing officer transmitting the copies of the marriage certificate. 6. Applicable when one of the parties is handicapped FC Article 29: The solemnizing officer shall state in an affidavit the executed before the local civil registrar or any other person legally authorized to administer oaths that the marriage was performed in articulo mortis or that the residence of either party. . 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. is so located that there is no means of transportation to enable such party to appear personally before the local civil registrar and that officer took the necessary steps to ascertain the ages and relationship of the contracting parties and the absence of legal impediment to marriage. religion and habitual residence. The Respondent judge contended that he agreed to solemnize the marriage of the two parties with the agreement that the marriage license will be given in the afternoon. That the proper marriage license has been issued according to law. 7. FC Article 23: It is the duty of the solemnizing officer to furnish either of the contracting parties the original of the marriage certificate and to send the duplicate and triplicate copies not later that fifteen days after the marriage. attaching a copy thereof. The solemnizing officer shall retain in his file the quadruplicate copy of the marriage certificate. which the couple failed to do. Full name. it shall be sufficient for one of the witnesses to the marriage to write the name of said party. sec and age. His decision to commit an act outside the boundaries of the law cannot be justified by good faith. it must be within the jurisdiction of the solemnizing officer. That both party take each other as husband and wife FC Article 8: The marriage shall be solemnized publicly in the chambers of the judge or in open court. That there is presence of not less than two witnesses of legal age. the marriage may be solemnized without the necessity of a marriage license. the date and precise time of the celebration. Marriages solemnized without a marriage license is void ab initio. the plaintiff never left her company. the original of the marriage license. except in cases of marriages contracted on the point of death or in remote places in accordance with Article 29 of this Code. That either or both of the contracting parties have secured the parental consent (if it applies). FC Article 28: 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. FC Article22: The marriage certificate shall state: 1. Rosario Bayot attested that on the day of the marriage. Apart from that. or where both of the parties request the solemnizing officer in writing in which case. in the church.  Requisites of a Marriage Ceremony Martinez vs. Citizenship. which fat shall be attested by the solemnizing officer.  Ceremony FC Article 6: No prescribed form or religious rite for the solemnization of the marriage is required. FC Article 24: It shall be the duty of the local civil registrar to prepare the documents required and to administer oaths to all interested parties without any charge in both cases.

No public document to that effect exists and he was not able to prove that he has been in an uninterrupted status of the natural child. For a subsequent marriage to effectively legitimate a child born out of wedlock. In the year 1915. Trinidad vs. Eulogio died leaving Flaviana with Domingo. Flaviana. Melecio Madridejo was not legitimated. RC Section 3 Rule 131: That persons acting as copartners have entered into a contract of copartneship. has been obtained by their joint efforts. The court of appeals ruled against the plaintiff on the grounds that no copy of the contract was sent and no record of the marriage existed and that Dr. all presumptions favor the solidarity of the family. CA and Pilapil Facts: Plaintiff claimed to be the surviving spouse of Dr. inherited a piece of land from their father. Failure to do so does not invalidate the marriage. Flaviana later lived with Pedro Madridejo and bore a child—Melecio. Thus. Melecio Madridejo vs. Held: Forwarding of the marriage certificate is not an essential requisite of the marriage. the child must be acknowledged by the parents in some public document or be in the uninterrupted possession of the status of a natural child. court of appeals stated that the reconstructed marriage contract was signed by Benjamin Molina and not by Jose Centera who the plaintiff said allegedly lost the marriage contract. On June 8. 1920. Alfredo E. married Pedro. CA. 3. 1. such contributions and their corresponding shares including joint deposits of money and evidences of credit are equal. Melecio Madridejo was allegedly not a legitimate child. In the case at hand. Patricio Trinidad. The three siblings. De Jacob vs. Defendant claimed that the wedding of Pedro and Flaviana was not valid because the solemnizing officer failed to send a copy of the marriage certificate to the Municipal Secretary. property or industry. Gonzalo de Leon Facts: Eulogio de Leon and Flaviana Perez had one child—Domingo de Leon. Relevant public documents valuable as evidence were destroyed during the war. his mother. 2. public and open cohabitation. Held: Marriage may be proven by relevant evidences such as: testimony of a witness to the matrimony. Jacob and appointed special administratix for his estates by virtue of a reconstructed marriage contract recognized by their solemnizing officer who admitted that he lost the marriage contract earlier on. Defendants claimed that the land in question has been in their possession since the death of their father and that Inocentes died in 1941 and not in 1944 as alleged by Arturio. no marriage license shall be necessary when a man and a woman who have reached the age of majority have lived together as husband and wife for at least five SOP SOP SOP . That in cases of cohabitation by a man and a woman who are not capacitated to marry each other and who have acquire properly through their actual joint contribution of money. Also. Alfredo signed the contract with his thumbmark and not with his own name. Held: Dr. work or industry.16 Held: The documents signed were sufficient to prove that what took place before the Justice of Peace was legal and the ceremony amounted to a wedding. According to Article 76 of the Civil Code. Arturio on the other hand alleged that his father was married to Felicidad Molato. They also contend that Inocentes never fathered a child nor was he ever married. As proof of filiation with Felix and Lourdes. knowing that she will die soon. Two witnesses attested that the couple cohabited and that Arturio was their son. The preponderance of evidence supported the claims of Arturio. Trinidad and Trinidad Facts: Arturio Trinidad. That a man and woman deporting themselves as husband and wife have entered into a lawful contract of marriage. She died the following day. was the son of Inocentes Trinidad and nephew of Lourdes and Felix Trinidad. Lastly. two family pictures were shown where Arturio was in the company of Lourdes and Felix and the witnesses likewise attested that Arturio had lived with his aunt and uncle. every intendment of law or facts leans toward the validity of marriage. Alfredo and Plaintiff Tomasa had lived together for over five years and the deceased signed an affidavit to that effect. the community of property during marriage. birth and baptismal certificate signed by the couple or a mention of the marriage in other public documents. the authority of parents over their children. Vda. Lourdes and Felix.  Presumption of Marriage CC Article 220: In case of doubt. and the validity of defense for any member of the family in case of unlawful aggression. the legitimacy of children. That property acquired by a man and a woman who is capacitated to marry each other and who live exclusively with each other as husband and wife without the benefit of marriage or under void marriage. Melecio Madridejo claimed that he is the next of kin of Domingo de Leon who died as well. the indissolubility of the marriage bonds. Several witnesses living within the neighborhood testified to the marriage and the birth of Arturio and that Arturio contrary to the claims of Lourdes and Felix had lived in their house for some time. Inocentes.

there should be proof of due execution which can be given by witnesses and proof of loss of marriage certificate before the reconstructed certificate may be admitted Void Marriages FC Article 4: The absence of any of the essential or formal requisites shall render the marriage void ab initio. An irregularity in the formal requisites of shall not affect the validity of the marriage but the party or parties responsible for the irregularity shall be civilly. In ordinary contracts (1) the child will not be emancipated from parental authority. 2. The solemnizing officer and Adela Pilapil attested to that effect. except those covered by the preceding chapter. shall likewise be void even if such incapacity becomes manifest only after solemnization. Those solemnized without a license. In marriage.17 years. -Psychological incapacity to comply is different from inability to understand because the latter is a vice of consent. Reasons for adopting psychological incapacity as a ground for declaration of nullity: Substitute for divorce SOP SOP SOP . Secondary evidence proved that there was a ceremony. criminally and administratively liable. even with the consent of parents or guardians. Paragraph 5 refers to physical mistake in identity.In the absence of a marriage contract. Also the name of the couple was recorded in the Book of marriages. Also. the child will be emancipated. the marriage is valid. at the time of the celebration was psychologically incapacitated to comply with the essential marital obligations of marriage. an essential requisite of marriage is lacking. Other fraudulent misrepresentation would not apply. 5. the marriage is void. If it is a mistake of fact. Those subsequent marriages that are void under Article 53. Those bigamous or polygamous marriages not falling under Article 41. It was not the petitioner’s duty to ensure that the copy reached the civil registrar’s office. If it is a mistake of law. without which. FC Article 36: A marriage contracted by any party who. 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. A defect in any of the essential requisites shall render the marriage voidable as provided in Article 45. 4. failure to send a copy of the marriage certificate for record purposes does not invalidate the marriage. Those contracted through mistake of one contracting party as to the identity of the other. 3. except as stated in Article 35. 6. FC Article 35: The following marriages shall be void from the beginning: 1. . Those contracted by any party below eighteen years of age.

The husband and wife are obligated to live together. In case of insufficiency or absence of said income or Examples of psychological incapacity: 1. The root cause of the psychological incapacity must be (a) medically or clinically identified. Any doubt should be resolved in favor of the existence and continuation of the marriage and against its dissolution and nullity. by Psychological incapacity vs. 5. Psychological Incapacity vs. The essential marital obligations are: a. not physical incapacity.18 Solution of church-annulled marriages To give remedy to the parties imprisoned marriage. Psychological incapacity is not a vice of consent but there is a lack of legal capacity. The expenses for such support and other conjugal obligations shall be paid from the community property and in the absence thereof. resided in the United States and has contacted the petitioner only twice. Habitual Alcoholism. 3. It is not enough that the parties failed to meet their responsibilities. Molina SOP SOP SOP . Such incapacity must also be relevant to the assumption of marriage obligations. The evidence must show that the illness was existing when the parties exchanged vows. (c) sufficiently proven by the experts and (d) clearly explained in the decision. such exemption shall not apply if the same is not compatible with the solidarity of the family (FC Article 69). Satryiasis or Nymphomania. Bedia-Santos Facts: Louel Santos who was married to Julia Bedia-Santos wishes to annul his marriage based on Article 36 of the Family Code. 3. 2. Psychological incapacity is restricted to disorders demonstrative of the utter sensitivity or inability to give meaning and significance to the marriage. The illness must be shown as downright inability or incapacity. for the last seven years since filing for the annulment. Extremely low intelligencel 5. Without the ability to understand the nature of the contract. Vice of consent a person may fully agree but may not understand the obligations of marriage. It is essential that they must be shown as incapable of doing so. Facts: Respondent alleged that her husband Reynaldo Molina was psychologically incapacitated because he showed signs of immaturity. A person may have given his or her consent freely without understanding the obligations of the contract. void. She also averred that her husband was never honest. Without consent. observe mutual love. Epilepsy with permanently recurring maladaptive manifestationsl 4. (b) alleged in the complaint. The spouses are jointly responsible for the support of the family. The incapacity must be proven to be existing at the time of the celebration of the marriage. 6. Molina Guidelines in Applying Article 36 1. In case of disagreement. The husband and wife shall fix the family domicile. irresponsibility and dependence. b. and render mutual help and support (FC Article 68). the court shall decide. respect and fidelity. The person alleged to be incapacitated must be psychologically ill to the extent that the person could not have known the obligations he was assuming or knowing them could not have given a valid assumption thereof. Sociopathic anomalies on husband’s part Santos vs. from the income or fruits of their separate properties. Such incurability may be absolute or relative only in regard to the other spouse. 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. a marriage is void ab initio. The Court of Appeals and Regional Trial Court upheld that the marriage was indeed. Republic of the Philippines vs. It must be characterized by gravity. the marriage is merely voidable. Insanity is curable There are lucid intervals in insanity Insanity is a ground for annulment in other countries Note: Psychological incapacity was not defined using examples to avoid ejusdem generis (exclusive enumeration) which might limit the applicability of the provision. 6. Such incapacity must also be shown to be medically or clinically permanent or incurable. Psychological incapacity should exist at the time of the marriage. Respondent has. 4. Insanity Insanity has varying degree. However. Affliction which makes common life unbearable. It is confined to the most serious personality disorders clearly demonstrative of an utter insensitivity or inability to give meaning and significance to the marriage. Held: Psychological incapacity should refer to a mental and not physical incapacity. Criminality Manifestations of psychological incapacity: Refusal of wife to dwell with the husband after marriage. c. Homosexuality. The burden of proof to show the nullity of the marriage belongs to the plaintiff. Held: Psychological incapacity refers to the mental. Such illness must be grave enough to bring about the disability of the party to assume the essential obligations of marriage. Psychological incapacity is not a vice of consent. 2. It is therefore judged according to the facts of the case. an essential requisite of marriage. juridical antecedence and incurability for it to be considered a psychological incapacity.

FC Article 38: The following marriages shall be void from the beginning for reasons of public policy: Apiag vs. Plaintiffs. whether the relationship between the parties is legitimate or illegitimate. Held: While he did not act in grave misconduct. Complainants subsequently learned that respondent has contracted another marriage with whom he had 5 children. Held: Psychological incapacity must be characterized by gravity. The natural order between spouses is sexual intimacy. He added that he and the petitioners have settled amicably and he has agreed to give the children ¼ of his retirement benefits. Held: Marriage was void by virtue of the Molina guidelines. There may be physical and not psychological reasons as to why the marriage should not be annulled but the evidence to that effect was not presented. Held: Whether or not it was the husband who refused to consummate the marriage is immaterial. such obligations shall be satisfied from their separate properties (FC Article 70). Although it is undisputed that the judge did not obtain a judicial declaration of nullity of his first marriage. the couple has not consummated their marriage. whether of full or half blood. 1. Interpretations given by the National Appellate Matrimonial Tribunal of the Catholic Church in the Philippines. Antonio vs. Cantero Facts: Maria Apiag filed an administrative case against her husband. respondent judge left for no reason. He contended that the first marriage was void ab initio because he and his first wife never cohabited and he was forced into the marriage. carefree and had no intentions of procreative sexuality—as sufficient evidence. The demurrer of evidence was dismissed by the appellate court which upheld that the claims of Alfonso Choa—that her wife had filed SOP SOP SOP . several lawsuits against him indicating psychological incapacity and that his wife was immature. Defendant alleged that the wife was afraid to consummate the marriage and afraid that she would have to return the jewelry given to her. Petitioner alleged that respondent fabricated stories which bordered on the ridiculous. fulfilled by the Petitioner. Choa vs. it has been established that no such declaration was necessary. Respondent misrepresented himself in his declaration of assets and liabilities by putting the name of the second wife on the said statement. 1989. Cantero. FC Article 37: Marriages between the following are incestuous and void from the beginning. Tsoi vs. After the second child was born. he acted in impropriety when he failed and refused to attend to the needs of his children. should be given great respect by our courts. Between ascendants and descendants of any degree and 2. d. Defendant contended that it was the wife’s fault that their marriage was not consummated.19 fruits. 7. The testimony of the expert doctor and the respondent only showed that the two cannot get along with each other. 1988 until March 15. juridical antecedence and incurability. Petitioner filed a demurrer of evidence (an objection or exception by one of the parties in an action at law to the effect that the evidence which the adversary produced is insufficient in point of law to make out a case and sustain the issue). Catholic marriage tribunals attribute the causes to psychological incapacity than stubborn refusal. The Court of Appeals decided that the respondent acted in grave misconduct. respondent judge. Between brothers and sisters. through their counsel asked respondent for support and for the children to be declared legal heirs. CA Facts: Respondent Gina Lao Tsoi filed for annulment of her marriage to petitioner Chi Ming Tsoi on the ground of psychological incapacity. while not controlling or decisive. The expenses for such management shall be paid in accordance with the provisions of Article 70 (FC Article 71). The fact still stands that it has not been consummated. pursuant to the jurisprudence prevailing at the time of the second marriage. The management of the household shall be the right and duty of both spouses. A physician examined both plaintiff and defendant and attested that neither of them had any physical problem. Esmeraldo G. The plaintiff and respondent were married and petitioner bore 2 children by that marriage. Choa Facts: Respondent Alfonso Choa filed a complaint for the annulment of his marriage to petitioner Leni Choa on the grounds of psychological incapacity. Respondent alleged that since their marriage in May 22. Reyes Facts: Petitioner filed a petition for the declaration of his marriage to respondent as null and void on the grounds of psychological incapacity as manifested by several instances of lying and concealment of an illegitimate child by Respondent Ivonne Reyes.

No judicial decree was necessary to establish its invalidity. The plea of guilt of the deceased effectively established that the second marriage was in fact. Between the surviving spouse of the adopted child and the adopter. 1941. he shall be presumed dead for all purposes. FC Article 44: If both spouses of the subsequent marriage acted in bad faith. For the purpose of contracting the subsequent marriage under the preceding paragraph. she had a previous existing marriage. appellant married one Carmencita Panlilio. In that light. Between collateral blood relatives. RA 8533 CC Article 390: After an absence of seven years. The petition was dismissed by Hon. A person who has been in danger of death under other circumstances and his existence has not been known for four years. void ab initio and that the petitioner was the lawful spouse. FC Article 39: The action or defense for the declaration of absolute nullity of a marriage shall not prescribe.20 1. 1. Paras Facts: Serafia Tolentino was the wife of the deceased. Petitioner claimed SOP SOP SOP . 2. in the petition for the declaration of nullity of marriage filed by Karl Heinz Wiegel against petitioner. Wiegel vs. People vs. 6. On May 14. 1943. Between the adopting parent and the adopted child. A person in the armed forces who has taken part in war. an absence of only two years shall be sufficient. 3. whether legitimate or illegitimate. the first wife of appellant died. killed that other person’s spouse or his or her own spouse. 2. in the case of marriages celebrated before the effectivity of this code and falling under Article 36. said marriage shall be void ab initio and all donations by reason of marriage and testamentary dispositions made by one in favor of the other are revoked by operation of law. Amado Tolentino married his second wife. Olga Lema. Between the surviving spouse of the adopting parent and the adopted child. an absence of five years shall be sufficient in order that his succession may be open. 8. Appellant was then charged with bigamy but he contended that his marriage to Olga Lema was void ab initio and therefore non-existent. 9. respondent judge ruled against the presentation of evidence. he claimed. Tolentino vs. Mendoza Facts: Appellant was married to Jovita de Asis on August 5. . 1949. unless before the celebration of the subsequent marriage. that his marriage to Carmencita was not bigamous. 7. 5. 3. states that his marriage to Lema was void ab initio. CC Article 391: The following shall be presumed dead for all purposes. except for those of succession. appellant married Olga Lema. 4. Between an adopted child and a legitimate child of the adopter. Between parents-in-law and children-in-law. FC Article 41: A marriage contracted by any person during the subsistence of a previous marriage shall be null and void. Petitioner requested the correction of an entry on the death certificate of the deceased which states that the name of his surviving spouse was Maria Clemente. Sempio-Diy Lilia Wiegel appealed for the reversal of the decision of respondent judge. it being unknown whether or not the absentee still lives. or an airplane which is missing. the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee. up to the fourth civil degree.Final judgment is needed to avoid confusion because one of the parties may contract another marriage which would be bigamous and therefore void during the pendency of the trial for the other marriage. initially. 1936. Held: The marriage law in effect at the time the appellant contracted with his second wife. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code. Edgardo Paras on grounds that the issue was a marital relationship. seeking a judicial declaration that she was the lawful spouse of the deceased. The court had jurisdiction because the wife was. If he disappeared after the age of seventy-five years. When the deceased was charged with bigamy. Maria Clemente while his first marriage was still in effect. On February 2. On August 19. A person on board a vessel lost during sea voyage. The absentee shall not be presumed dead for the purposes of opening his succession till after an absence of ten years. who has not been heard of for four years since the loss of the vessel or airplane. such action or defense shall prescribe in ten years after this code shall have taken effect. he pleaded guilty and served the corresponding sentene. and has been missing for four years. without prejudice to the effect of reappearance of the absent spouse. and that the court has no jurisdiction. When petitioner was married to the plaintiff. However. Between step-parents and step-children. FC Article 40: The absolute nullity of a previous marriage may be invoked for purposes of remarriage on the basis solely of a final judgment declaring such previous marriage void. Sempio-Diy because. the prior spouse had been absent for four* consecutive years and the spouse present had a well-founded belief that the absent spouse was already dead. Amado Tolentino. with the intention to marry the other. and Between parties where one. Between adopted children of the same adopter. including the division of the estate among the heirs. Held: The petition was meritorious.

the respondent took off. apparently cohabiting with his wife. The Family Code can be applied retroactively so long as vested rights will not be impaired by its application. Petitioner alleged that there was no cause for action because the marriage was void ab initio and judicial declaration of nullity of marriage is only sought for purposes of remarrying and no such intention has been expressed. the value of the presumptive legitimes of all common children. Held: Judicial declaration of nullity of a previous marriage is needed for purposes of remarriage. Respondent claimed that the petitioner has been dependent on her and since she left to work in Saudi.21 that the first marriage was void ab initio because she was forced into marrying her first husband. Respondent denied the allegation saying that his marriage with Ongkiko was void ab initio because it was solemnized without a marriage license. partition and distribution of the properties of the spouses and the custody and support of the common children. Held: The requisite of Article 34 is that there is no legal impediment between the parties.  Effects of Nullity FC Article 50: The effects provided for by paragraphs 2. The first wife sued petitioner for bigamy. Petitioner took the advise and married herein respondent but. 4. Held: Although it is stated in the Family Code that judicial declaration is needed for purposes of remarrying. she was courted by defendant and was advised that she was free to contract a second marriage because her first marriage was void. solemnized by herein respondent judge. Her husband contracted another marriage while the first one was still in effect. All creditors of the spouses as well as of the absolute community or the conjugal partnership shall be notified for the proceedings for liquidation. Sanchez Facts: Complainant avers that she is the lawful wife of the late David Manzano. computed as of the date of final judgment of the trial court. In the partition. Without such declaration. Borja-Manzano vs. unless such matters had been adjudicated in previous judicial proceedings. Held: There was no need to present evidence because if there had been. SOP SOP SOP . Later the petitioner found out that respondent had contracted another marriage. 3. Held: A judicial declaration is necessary to determine whether a person is legally free to contract a second marriage. a judicial declaration would still be necessary. and 5 of Article 43 and Article 44 shall also apply in the proper cases to marriages which are declared void ab initio or annulled by final judgment under Article 40 and 45. The petitioner alleged that while she was still in her previous marriage with her first cousin. The said article is merely a ground for exemption for marriage license. The final judgment in such cases shall provide for the liquidation. Had the marriage been void.000 worth of properties which were under the possession and administration of herein petitioner until respondent found out about the first marriage. she has amassed some P350. Respondent contends that he did not know that the two were only legally separated and that all he knew was the two had been cohabiting for seven years. the said marriage would have been rendered voidable and not void. at that time. FC Article 51: In said partition. Domingo vs. shall be delivered in cash. The Family Code provides that among the effects of the judicial declaration is the immediate separation of property. it does not expressly state that it is exclusive for that purpose alone. the subsequently existing marriage is sustained. Terre Facts: Petitioner charged Atty Jordan Terre with gross immoral conduct for contracting a second marriage while he has a subsisting marriage. intimidation during the first marriage. Atienza vs. after a few years. married to one Zenaida Ongkiko with whom he had 5 children. Brillantes Facts: Complainant charged respondent Judge Fransisco Brillantes with gross immoral conduct after having found said respondent sleeping in his own bed. Complainant left his wife and kids. Court of Appeals Facts: Delia Soledad Domingo sought the judicial declaration of nullity of marriage and separation of property against petitioner Roberto Domingo on the grounds that the petitioner had a valid and existing marriage with one Emerlinda dela Paz. Terre vs. Complainant alleged that the said judge was. The judge knew of the subsisting marriage as it was stated in the marriage certificate and in the affidavit signed by the parties. the conjugal dwelling and the log on which it is situated shall be adjudicated in accordance with the provisions of Articles 102 and 129. and the delivery of the presumptive legitimes. Respondent likewise argued that Article 40 of the family code was not in effect when his first marriage took place. He cited Article 34 which states that no license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least 5 years. in fact.

Voidable Marriages  Grounds for Annulment FC Article 45: A marriage may be annulled for any of the following causes. was not within the capacity of the deceased. Pepito died in February of 1997. Bayadog Facts: Petitioners request the annulment of the marriage of their father to Norma Bayadog. and the delivery of the children’s presumptive legitimes shall be recoded in the appropriate civil registry and registries of property. there should be no legal impediment on the part of either party. 1986. The delivery of the presumptive legitimes herein prescribed shall in no way prejudice the ultimate successional rights of the children accruing upon the death of either or both of the parents but the value of the properties already received under the decree of annulment or absolute nullity shall be considered as advances on their legitimes. Instead.For marriages of exceptional character. otherwise. and the marriage. The one contracting a marriage should have legal capacity to do so. 2985 and. The code in effect during the time of the marriage was the Civil Code. FC Article 52: The judgment of annulment or of absolute nullity of the marriage. According to Article 76 of the said code. That the party in whose behalf it is sought to have marriage annulled was eighteen years of age or over but below twenty-one. Pepito married Teodulfa. and the marriage was SOP SOP SOP . existing at the time of the marriage: 1. the subsequent marriage shall be null and void. by mutual agreement judicially approved. Teodulfa died on April 24. Held: Marriage of Pepito Ninal Sr. otherwise. marriage between a man and a woman who have been living together for more than 5 years no longer requires a marriage license. such cohabitation. FC Article 53: Either of the former spouses may marry again after compliance with the requirements of the immediately preceding Article. 1974. It is evident that only 20 months elapsed between the time of the death of the first wife and the marriage with the second wife. Children conceived or born of the subsequent marriage under Article 53 shall likewise be legitimate. Pepito married Norma Bayadog. The children do not have standing to cause action but. on December 11. The children or their guardian or the trustee of their property may ask for the enforcement of the judgment. The marriage was contracted without a license. On September 26. unless the parties. the couple signed an affidavit stating that they had been cohabiting as husband and wife for 5 years. Ninal vs.22 property or sound securities. and Norma Bayadog is null and void. the partition and distribution of the properties of the spouses. Had the two been cohabiting for five years. the same shall not affect the third persons. it is likewise non-existent. because the marriage was null and void. FC Article 54: Children conceived or born before the judgment of annulment or absolute nullity of the marriage under Article 36 has become final and executory shall be consicered legitimate. . had already provided for such matters.

Tenorio only suffered ailment after giving birth to her 4th child. Held: The couple cohabited for seven years and plaintiff admitted that there had been lucid intervals therefore. cannot be set aside so as to restore the marital relation while legal separation may be terminated and marital relations resumed by the reconciliation of the parties. 2. the person cannot procreate. habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage. That either party was physically incapable of consummating the marriage with the other. 6. and such incapacity continues and appears to be incurable. Non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude. FC Article 46: The following shall constitute fraud: 1. in that order. marriage cannot be annulled. That it appears to be incurable.In impotence.23 solemnized without the consent of the parents. health. it is presumed to continue. with full knowledge of the facts constituting the fraud. he is estopped from annulling the marriage. nor in any case. .Physical injury. Once general insanity is proved to exist. That either party was afflicted with a sexuallytransmitted disease found to be serious and appears to be incurable. Tenorio Facts: Plaintiff Marcos Katipunan brought action against Rita Tenorio seeking the annulment of their marriage. Concealment of drug addiction. guardian or person having substitute parental authority over the party. -A marriage cannot be annulled simply on the ground that the wife concealed the fact that she had been lewd and corrupt and had an illegitimate child prior to the marriage. freely cohabited with the other as husband and wife. fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage. rank. 4. violence. Insanity has to be a permanent condition. That either party was of unsound mind. That the consent of either party was obtained by force. For physical incapacity. That the consent of either party was obtained by fraud. The presumption of the law is generally in favor of sanity and he who alleges the insanity of another has the burden of proving it. Annulment of marriage once final. RPC Article 344: The crimes of adultery and concubinage shall not be prosecuted except upon a complaint filed by the offended spouse.Impotence is not a ground for declaration of nullity because the injured spouse may accept the impotence of his or her spouse. If at the time of the celebration of the marriage there was nothing wrong with the mental health of the other spouse. existing at the time of the marriage. impotence or sexually transmitted disease to be a ground for annulment the following must concur: 1. In sterility. such party freely cohabited with the other and both lived together as husband and wife. if they are both alive. 2. unless the same having disappeared or ceased. regardless of its nature. No other misrepresentation or deceit as to character.a person who takes improper use of his power The person who can ratify is the injured party. FC Article 48: In all cases of annulment or declaration of absolute nullity of marriage. That the other contracting party is aware of it. Annulment of marriage terminates the marital bond between the parties while legal separation does not. if he shall have consented or pardoned the offenders. unless such party afterwards. intimidation or undue influence. RATIFICATION cures the defect of the marriage and it retroacts to the day of the marriage or the day of giving consent. That it exists at the time of the celebration of the marriage. and if a recovery or a lucid interval is alleged. Annulment and Legal Separation: Annulment is caused by some circumstance existing at the time of the marriage while legal separation arises after the celebration of the marriage. the marriage cannot be annulled. 3. Force. 3. That it continues to the time when the case for annulment is being tried. irresistible intimidation or threat Undue influence. According to the guardian of the defendant. Concealment by the wife of the fact that at the time of the marriage. Katipunan vs. unless such party after coming to reason. such party thereafter freely cohabited with the other as husband and wife. Concealment of sexually transmissible disease. He alleged that the defendant was not of sound mind at the time they contracted marriage. 2. Delizo SOP SOP SOP . 5. the person cannot have sex. 3. A marriage may be annulled where one of the parties was so intoxicated he or she had no mental capacity to give valid assent. she was pregnant by a man other than her husband. The injured party can file for annulment within five years If the injured party freely cohabited after the cessation of the ground for annulment (except in impotence and sexually transmitted diseases). 4. the burden to prove such is on the person making it. 4. freely cohabited with the other as husband and wife. the court shall order the prosecution attorney or fiscal assigned to it to appear on behalf of the State to take steps to prevent collusion between the parties and to take care that evidence is not fabricated or suppressed. Aquino vs. . unless after attaining the age of twenty-one. The offended party cannot institute criminal prosecution without including both the guilty parties.

The annulment fo the marriage dissolves the special contract but the effects of the marriage - Jimenez vs.24 Facts: Petitioner requests the annulment of her marriage on the ground of fraud. Held: A child born out of a voidable marriage before the decree of annulment is considered a legitimate child. the person consents to the marriage but gives it anyway. For that reason. Guevara Facts: On the day of the marriage of the plaintiff and the defendant. The defendant was operated on and her uterus and ovaries were surgically removed. The lawyer threatened his entrance to the bar. Palaroan Facts: Defendant Fernando filed an action for annulment on grounds that his consent to the marriage was obtained through force and intimidation. Sarao vs. He likewise alleged that respondent was not a legitimate child because the marriage of her parents. the father of his wife allegedly approached him with a knife and in the company of a lawyer. the marriage was not consummated because the defendant complained of pains. bore a child. The defendant failed to comply with the order of medical examination and so.” Ruiz vs. RELUCTANCE vs. Threat to obstruct admission to the bar does not constitute duress. Void marriages are deemed never to have taken place at all but the children born of that marriage who are called natural children by legal fiction have the same status. Held: Petition cannot be granted because the petitioner had several chances of escape before the marriage and because his wife bore his own child. Held: Impotency is not inability to procreate but inability to copulate. rights and obligations as acknowledged children. Held: Presumption will always be in favor of potency. plaintiff wants his marriage with the respondent annulled. Anaya vs. VITIATION In reluctance. Canizares Facts: Petitioner filed an action to annul his marriage to respondent on the ground that the SOP SOP SOP . The complaint was dismissed. The removal rendered the defendant incapable of procreation as such. external force orifice of the vagina of his wife was too small to allow penetration. In vitiation. Atienzs Acts: Plaintiff requests the annulment of her marriage on the ground that his consent was given under duress. Cojuangc-Suntay Facts: Petitioner opposed the petition filed by respondent for the issuance of letters of administration (of the estate of her paternal grandmother) in her favor on the grounds that he was the surviving spouse of the deceased. The testimony of one party is not sufficient to annul the marriage because to do so will open the court to cases of collusion between the spouses for the annulment of their marriage. the lower court granted the annulment. Held: Concealment of premarital relations was not among the kinds of fraud stated in the Civil Code (Family Code). People vs. Santiago Suntay vs. petitioner has left the conjugal abode. Proof of bodily harm must be sufficiently shown. Only if the threat is so grave that the person is not acting in his own freewill that a marriage becomes void. Herein petitioner then sought the annulment of her marriage to Fernando on the grounds of fraud. Inability to copulate cannot be a ground for annulment and a temporary or occasional incapacity cannot be used as a ground to nullify a marriage. there is an actual. saying that her husband concealed the fact that he had marital relations with another woman prior to the marriage. he cannot avoid marriage on the ground of duress. Held: Petition must be granted because pregnancy is hardly noticeable at five months and the wife was plump. claiming that his wife was 4 months pregnant at the time that they were married and the child was that of another man. whom he had premarital relations. The appellate court dismissed the petition on the grounds that it was unbelievable that the petitioner was unable to tell if his wife was pregnant. Emilio Aguinaldo Suntan (son of petitioner) and Isabenl Cojuangco-Suntay was declared null and void because Emilio was found to be schizophrenic at the time of his marriage. His wife. Voidable marriages are considered valid and produces all it civil effects until it is set aside by final judgment of a competent court in an action for annulment. The pertinent provision is not subject to interpretation as it was also expressly stated that “no other misrepresentation or deceit shall constitute fraud. Where a man marries under threat of or constrain from lawful prosecution for seduction or bastardy. When the child was born. and that the petitioner and the deceased have been alienated from the family of the respondent. It is understandable that a woman would refuse to subject herself to physical examination.

had already provided for such matters. However. (5) of the Article 43 and by Article 44 shall also apply Estrellita J. the judicial declaration of the absence of her father was not yet effective. Tamano vs. otherwise. Null and void means something does not exist from the beginning. that the former husband or wife is believed to be dead was in fact living and the marriage with such former husband or wife was then still in force. or if the absentee though he has been absent for less than seven years. property or sound securities. FC Article 50: The effects provided for by paragraphs (2). at the time when petitioner was still a minor. The first marriage was annulled or dissolved. FC Article 52: The judgment of annulment or of absolute nullity of the marriage. the partition and distribution of the properties of the spouses. 2. Hortiguela Facts: Petitioner requests that she be declared the sole heir of the intestate estate of Marciana Escano. the conjugal dwelling and the lot on which it is situated shall be adjudicated in accordance with Articles 102 and 129. The final judgment in such cases shall provide for the liquidation. but the value of the properties already received under the decree of annulment or absolute nullity shall be considered as advances on their legitimes. she may continue employing her former husband’s surname. Hon.  Marriage when one spouse is absent CC Article 83: A marriage subsequently contracted by any person during the lifetime of the first spouse of such person with any person other than such first spouse shall be illegal and void from its performance unless: 1. unless the parties. or if the absentee is presumed dead according to articles 390 and 391. She or the former husband is married again to another person.  Jurisdiction - To annul means to reduce to nothing. Held: Petition denied. FC Article 54: Children conceived or born before the judgment of annulment or absolute nullity of the marriage under Article 36 has become final and executory shall be considered legitimate. The children or their guardian or the trustee of their property may ask for the enforcement of the judgment. and the wife is the guilty party. Subsequent marriage shall be null and void. In the partition. Prior to the motion. the Court shall provide for the support of the spouses and the custody and support of their common children.25 will not be wiped out completely. unless: 1. Petitioner alleged that when her mother remarried in May 1927. the marriage of the deceased and the respondent was null and void. As such. CC Article 371: In case of annulment of marriage. All creditors of the spouses as well as of the absolute community or the conjugal partnership shall be notified of the proceedings for liquidation. computed as of the date of the final judgment of the trial court shall be delivered in cash. is generally considered as dead and believed to be so by the spouse present at the time of contracting such subsequent marriage. the same shall not affect third persons. If she is the innocent spouse. in the proper cases to marriages which are declared void ab initio or annulled by final judgment under Articles 40 and 45. Jones vs. she may resume her maiden name and surname. The delivery of the presumptive legitimes herein prescribed shall in no way prejudice the ultimate successional rights of the children accruing upon the death of either or both of the parents. CC Article 369: Children conceived before the decree annulling a voidable marriage shall principally use the surname of the father. The court decrees otherwise.  Effects of pending action or decree FC Article 49: During the pendency of the action and in the absence of adequate provisions in a written agreement between the spouses. (3). the value of the presumptive legitimes of all common children. The first spouse had been absent for seven consecutive years at the time of the second marriage without the spouse present having news of the absentee being alive. she shall resume her maiden name and surname. The marriage so contracted shall be valid in any of the three cases until declared null and void by a competent court. her mother. The Court shall give paramount consideration to the moral and material welfare of said children and their choice of parent with whom they wish to remain as provided for in Title IX. FC Article 53: Either of the former spouses may marry again after compliance with the requirements. partition and distribution of the properties of the spouses. the custody and support of the common children and the delivery of their presumptive legitimes unless such matters had been adjudicated in previous judicial proceedings. number 2. Children born of voidable marriages shall be considered legitimate. existing at the time of the marriage: (2) In a subsequent marriage under article 83. Children conceived or born of the subsequent marriage under Article 53 shall likewise be legitimate. FC Article 51: In said partition. respondent was awarded a fixed rate of P10. and the delivery of the children’s presumptive legitimes shall be recorded in the appropriate civil registry and registries of property.000 for the administration of the estate of the deceased. 2. Absence of one spouse shall be counted from the last day of communication or from the reception of the last news regarding the absent spouse. the first spouse was absent for 9 years. In this case. It shall also provide for appropriate visitation rights for the other parent. CC Article 85: A marriage may be annulled for any of the following causes. Rodolfo Ortiz Facts: Petitioner assailed the decision of a lower court which rejected the motion to dismiss she filed against the motion for declaration of nullity SOP SOP SOP . by mutual agreement judicially approved. (4).

whether physical or moral. In this case. Held: Under the Judiciary Reorganization Act of 1980. Private respondent alleged that the marriage of the Petitioner to her husband must be declared null and void on the ground of bigamy. 3.26 filed by private respondent. a common child. At the time of the marriage of petitioner and her deceased husband. 4. both the petitioner and the deceased were married through a civil wedding and whether or not they were likewise married in a Muslim wedding. private respondent was still also married with him. 7. Physical violence or moral pressure to compel the petitioner to change religious or political affiliation. 10.must be of a serious degree but does not have to amount to an attempt against the life of the defendant The violence must be repeated. even if pardoned. whether in the Philippines or abroad. or a child of the petitioner to engage in prostitution. - SOP SOP SOP . 6. Final judgment sentencing the respondent to imprisonment of more than six years. the term “child” shall include a child by nature or by adoption. Repeated physical violence or grossly abusive conduct directed against the petitioner. Lesbianism or homosexuality of the respondent. or connivance in such corruption or inducement. The guilt for the corruption or inducement to prostitution must be on only one spouse. Abandonment of petitioner by respondent without justifiable cause for more than one year. LEGAL SEPARATION  Grounds FC Article 55: A petition for legal separation may be filed on any of the following grounds: 1. Physical violence or moral pressure to compel the plaintiff to change religious or political affiliation need not be repeated. 5. a common child. 2. Violence. Petitioner contended that the Regional Trial Court had no jurisdiction because both the petitioner and the deceased were Muslims. to the extent that common life with defendant becomes extremely difficult for the plaintiff. For purposes of this Article. Regional Trial Courts have jurisdiction over all actions involving the contract of marriage and marital relations. Sexual infidelity or perversion. 9. shari’a courts are still not vested with original and exclusive jurisdiction over marriages married under civil and Muslim laws. 8. Drug addiction or habitual alcoholism of the respondent. There must be some element of coercion present. or a child of the petitioner. Attempt of the respondent on the life of the petitioner. Contracting of respondent of a subsequent bigamous marriage. Attempt of respondent to corrupt or induce petitioner.

claimed that he did not know that Guadalupe Zapata was married. This is so because the spouse who has remarried has cohabited with another person. The motion was granted by the lower court on the ground that adulterous acts must be considered as a continuing offense. Dalmacio Bondoc. each instance of sexual intercourse is a separate crime. An attempt by one spouse against the life of the other. unity of penal provisions violated and unity of criminal intent or purpose.The act of a wife having sexual intercourse with any other man not her husband will constitute adultery. is consummated at the moment of carnal union. Continuous crimes exist if there is a plurality of acts performed separately during a period of rime. If they come to exist after the celebration of the marriage. the husband once again maltreated petitioner. Separation of Property In legal separation. they become grounds for legal separation. There is abandonment when one spouse leaves the other without intent to return. Munoz vs. only the property relation is affected and the spouses may continue living together. or 2. People vs. Held: The court held that adultery as a crime of result and not of tendency. For adultery on the part of the wife and for concubinage on the part of the husband as defined in the Penal Code.27 The crime for which a spouse may have been convicted may have no bearing at all on the relationship of the husband and wife. there is a suspension of the common marital life. The two respondents cohabited and had repeated sexual intercourse from 1946 to March 1947. the husband cohabits with another woman other than his wife in any other place.” Legal Separation vs. but a decree of legal separation cannot be rendered upon agreement of the parties. Separation of Spouses Legal separation can be effected only by decree of the court. where there is a subsisting prior marriage. both as to person and property. In separation of property. every act of sexual infidelity by either husband or wife is a ground for legal separation. Sexual perversion as a ground for legal separation includes all unusual or abnormal sexual practices which may be offensive to the feelings or sense of decency of either husband or wife. habitual alcoholism. should give the other spouse the right to ask for legal separation. If drug addiction. Concubinage. On September 1948. SOP SOP SOP . there is sexual intercourse with the other woman under scandalous circumstances. petitioner complained that the husband maltreated her. but the spouses may be separated in fact without any judgment of the court. Defendant then filed a motion to quash on the ground that they will be twice put in jeopardy.to dwell or live together in the same house as husband and wife. petitioner once again filed a complaint of adultery for acts committed from March 1947 to September 1948. - - - - - - CC Article 97: A petition for legal separation may be filed: 1. Adultery. Zapata and Bondoc Facts: Petitioner husband Andres Bondoc filed a complaint of adultery against his wife. lesbianism or homosexuality existed at the time of marriage but were unknown to the other party. He maintains a mistress in the conjugal dwelling. Under the Family Code. subject to judicial approval. “the spouse who has left the conjugal dwelling for a period of three months or has failed within the same period to give any information as to his or her whereabouts. Cohabit. they separated but on December 1950 and September 1951. The defendant wife entered a plea of guilty and was sentenced to suffer four months in prison. In 1947. 2. There must also be an element of coercion exercised by the defendant to make the plaintiff submit to the act. shall be prima facie presumed to have no intention of returning to the conjugal dwelling.The act of the husband having sexual intercourse with his wife shall constitute concubinage if: 1. prompting her to institute an action for legal separation on the ground of attempt to life. In adultery. the court held that there is no legal provision which bars the filing of as many complaints for adultery as there were adulterous acts committed. they would constitute a ground for annulment of marriage as fraud. Del Barrio Facts: Felicidad Munoz and Jose del Barrio quarreled frequently and on those occasions. Every subsequent marriage. Also. 3. Guadalupe Zapata and her paramour. continuous crimes are aimed at committing a single offense. Attempt on the life must imply that there is intent to kill Under Article 101 of the Family Code. Separation of property can be effected by agreement of the spouses. In short. Respondent Dalmacio Bondoc on the other hand. Legal Separation vs.

Gandionco vs. Dela Cruz Facts: Estrella dela Cruz filed a complaint against her husband alleging that the latter has abandoned their family and has not slept or visited the conjugal dwelling since 1955. Penaranda Facts: Respondent judge Hon. The defendant also claimed that he was drunk at the time of the incident. Held: To convict a man of the offense being a common drunkard it is necessary to show that he is a habitual drunkard to the point that he has a fixed habit of drunkenness. Held: The Supreme Court affirmed the decision of the lower court. abate the action for legal separation. Petitioner then asked for the separation of their property.28 Petitioner requested that she be given custody of her children. the court said.500 during the pendency of the action and payment of P20. that defendant was mismanaging their conjugal partnership properties and as such has abused his powers of administration and that defendant had a concubine named Nenita Hernandez. proof of concubinage in a civil procedure is based on preponderance of evidence and not proof beyond reasonable doubt. McKay was struck in the back of the head and killed instantly. While at the place of a certain Moro. when one of the parties is dead. Held: The death of one of the parties to the action abates the action itself because action for legal separation is purely personal hence. Petitioner Froilan Gandionco claims that the civil action for legal separation and the application for support should be suspended because of the pending criminal case for concubinage filed against him. Penaranda ordered petitioner to pay for the support of private respondent Teresita Gandionco and his child. a monthly support of P2. Amay Pindolonan tried to run but McMann also shot him. Private respondent likewise requested for support and payment of damages. petitioner died and her father. It held that the alleged maltreatment cannot constitute an attempt to life because such has to be characterized by intent to kill which was not sufficiently proven especially since the respondent only used his bare hands. Respondent then filed a counter-dlaim for the declaration of nullity ab initio of his marriage with petitioner on the ground that he had a subsisting marriage with Go Hiok. Dela Cruz vs. Macario Lapuz. Defendant contended that he did not abandon his family and has not failed to give them a monthly allowance of around P1. there is no longer a need for the decree. Eufemio moved to dismiss the substitution because the death of the petitioner should. Petitioner’s argument that conviction for concubinage must be secured before an action on legal separation can prosper lacks merit because unlike in criminal procedures. Held: The court held that abandonment must be real abandonment and not mere separation. His contention was based on Article 111 Section 3 of the 1985 Rules on Criminal Procedure which states that a pending civil action instituted for civil liabilities should be suspended until the criminal action arising from the same offense is over. McMann Facts: Defendant Robert McMann and one McKay were employed at the Quartermaster’s Department of the Army. Held: The court held that a civil action for legal separation may proceed ahead of or simultaneously with a criminal action for concubinage because the said civil action is not one to “enforce civil liability” but rather to obtain the right to live separately. Senen C. Conjugal property are likewise not assignable or transmissible therefore. US vs. During the course of the trial. She prayed for the issuance of a decree of legal separation and that her partner be deprived of their conjugal partnership profits. Lapus Sy vs. and the conjugal partnership be dissolved. Petitioner allegedly played mahjong often while respondent consistently applied his industry so that their business will grow. as he alleged. Private respondent filed a complaint for legal separation against petitioner on the ground of concubinage. It SOP SOP SOP . Sy Uy Facts:A case for legal separation was filed by Carmel Lapuz Sy against Eufemio Sy Uy on the ground of abandonment. McMann suddenly fired at McKay. He stated that he is merely separated from his wife because he cannot concentrate on their business but he never failed to visit his family. moved to substitute. Petitioner also claimed that respondent was cohabiting with a certain Go Hiok. Amay Pindolonan asking for matches to light a cigarette. it doesn not warrant a continuation of the action through substitution. Defendant claimed that he had no intention to shoot McKay as they were good friends and that the shooting was merely an accident. must be established with clear and convincing evidence.000 in attorney’s fees.500. Intent to kill. that whatever will remain of the conjugal property be divided.

 Defenses FC Article 56: The petition for legal separation shall be denied on any of the following grounds: 1. accused wife left her paramour and begged for the forgiveness of plaintiff but she was turned away. Sargent Facts: Petitioner Donald Sargent charged his wife. 2. Through several testimonies. with the belief that her husband will not return again. Respondent then cohabited with Marcelo Ramos SOP SOP SOP . defendant maintained illicit relations with one Jose Arcalas. on the second case. Where a party has clear and convincing knowledge of the offense and then deliberately and willfully cohabits or has sexual intercourse with the offender. Plaintiff then and there told his wife of his intention of filing for legal separation. or to suppress evidence of a valid defense. express or implied. Where there is connivance between the parties in the commission of the offense or act constituting the ground for legal separation. defendant was sent to Manila to study wherein she had several illicit relations with other men. CA held that they cannot render a decree of separation on the ground of confession of judgment. a matrimonial offense. De Ocampo vs. After plaintiff found out. in the sense that it is in writing or implied as inferred from the action of the injured party. Plaintiff then left for Hawaii and upon his return after seven years. he once again filed a charge of adultery. 4. -Constructive Abandonment. After sentence. A husband who actively connives in the adultery of his wife by procuring her to be lured into the commission of the act will very generally be presumed to have consented to the adultery and will be denied legal separation on that ground. There must therefore be absolute cessation of marital relations. did not occur because such confession happened outside of court. Collusion is the agreement between husband and wife for one of them to commit or to appear to commit or presented in court as having committed. 5. Sensano and Ramos Facts: After the birth of the first child of complainant Mariano Ventura and respondent Ursula Sensano. the offended party cannot file a complaint of adultery if he consented to it. for the purpose of enabling the other to obtain legal separation. it was found that in March 1951. 3. Where there is collusion between the parties to obtain the decree of legal separation. She then went back to Marcelo Ramos. Complainant did not write. Complainant returned and filed a complaint of adultery against respondents. Florenciano Facts: Petitioner Jose de Ocampo filed a complaint of adultery against his wife but was denied by the Court of First Instance. Where the aggrieved party has consented to the commission of the offense or act complained of. The court held in favor of the plaintiff but opined that the plaintiff treated his family with cruelty in abandoning them. he or she thereby impliedly pardoned the offender’s act. Sargent with adultery alleging that defendant wife had illicit relations with Charles Simmons. It may be expressed. Connivance implies agreement. Had there been a confession of judgment. Sargent vs. respondent Frances L. A husband must not actively participate in preparations for the suspected misconduct by providing opportunity for the wrongdoing. Consent is agreement or conformity in advance of the commission of the act which would be a ground for legal separation. Where both parties have given ground for legal separation. On June 1955. complainant left for Cagayan de Oro. any defendant who opposes separation will merely confess in court.The injured party leaves the wife or the spouse refuses the re-entry of the offending spouse. and bars the right to legal separation. The Court of Appeals held that the time for filing a charge of adultery on the first case had prescribed. If the court will not allow separation despite of the evidence. Where the action is barred by prescription. Also. “Abandon” in ordinary sense means to forsake completely with intent never again to resume or claim one’s rights or interests. duties and rights with the intention of perpetual separation. call or send anything in form of support for three years. by both spouses. or 6. Where the aggrieved party has condoned the offense or act complained of. Held: The court held that the “confession of judgment”--which happens when a defendant confesses in court the right of plaintiff to his demand. the decree should still be granted since there was a preponderance of evidence as provided by the plaintiff. Condonation is the forgiveness of a marital offense constituting a ground for legal separation.29 must not only be physical estrangement. a black man and the - - - People vs. Held: The court held that under Article 34 of the RPC. The court was of the belief that complainants action of turning away the defendant constituted a consent and as such he estopped from filing a case. plaintiff found his wife in the act of sexual intercourse with one Nelson Orzame.

defendant began cohabiting with another woman and had another child by her. The detectives surveilled Mrs. is not the same as involuntariness. Held: The court held that the misconduct of petitioner barred him from obtaining legal separation and in this case. The petition was dismissed by the lower court on the ground that petitioner had condoned the said illicit relations of his wife. complainant wants confirmation of liquidation. has condoned the adulterous relations. Mr. Sargent also appeared to have connived with the detectives to show that his wife was indeed having sexual relations. Unwillingness. He found out that his wife has adulterous relations with one Carlos Feld at the time when petitioner was interred by the Japanese invaders. and with knowledge or belief is considered conclusive evidence of condonation. The stipulations in the agreement which stated that both spouses relinquished their rights as husband and wife. Juanita Yambao. Brown filed an action to obtain legal separation against his wife.  When to File/ Try Actions SOP SOP SOP . Praxedes Facts: Soccoro Matubis filed a complaint for legal separation alleging that Zoilo Praxedes had abandoned her and was guilty of concubinage. Held: The court held in favor of the defendant. and said detectives testified along with other servants. For some time. Petitioner alleged that defendant wife contracted gonorrhea from the illicit relations. defendant lived with petitioner’s sisters but she eventually left to live with her mother and then moved to Dagupan to study. In 1955. Any cohabitation with the guilty party. Petitioner received letters from his sister-in-law that defendant was having adulterous relations and petitioner alleged that defendant herself wrote him that she was kissed by another man. They entered into an agreement which stipulated the conditions and provisions for their de facto separation. Bugayong vs. barely a year after their marriage. In the cross examination of petitioner it was found that he was also cohabiting with another woman and had a child with that woman. Willan vs. According to her testimony. was habitually offensive and frequently demanded to have sexual intercourse with him. Willan Facts: Husband appeals the decision by court to deny his petition for the dissolution of his marriage on the ground that he condoned the cruelty of his wife. legal separation can be denied on the ground of connivance.30 couple’s driver. Petitioner then hired detectives to prove the said illicit relations. having slept with the defendant for two nights. plaintiff and defendant agreed to live separately after failing to agree on where they should live as husband and wife. and was free to get any mate and live with him or her as husband and wife. left. Petitioner alleged that his wife repeatedly assaulted him. Matubis vs. He discovered the said relation when in 1945. A document was executed for the liquidation of their conjugal partnership property and as such. his wife begot a child. Yambao Facts: William H. Respondent allegedly resorted to violence and pestering. the court said. they lived together for two nights and one day. Brown vs. Ginez Facts: After their marriage. When petitioner returned. Where the husband employs detectives to get evidence of his wife’s adultery. Held: The court held in favor of the defendant as they found it impossible that a man may have sexual relations and not condone the said relations. when petitioner asked the defendant if there was any truth to the allegations of adultery. Solicitors have allegedly written the wife regarding the matter but to no avail. constituted consent and condonation. The night before leaving the conjugal dwelling. Held: The petitioner. Held: The time for instituting action has prescribed. all of whom were employed by petitioner. after the commission of the offense. custody of children and the disqualification of defendant from succession. The detectives in one instance shut the door of the room of respondent wife while respondent Charles Simmons was inside to make it appear as though they were having illicit relations. the misconduct and failure of the wife to institute action against petitioner’s misconduct constituted circumstantial evidence of collusion. On the second day. defendant did not answer but instead. but the adultery is brought about by the detective himself. petitioner Benjamin Bugayong and Defendant Leonila Ginez agreed that defendant would stay with petitioner’s sisters while petitioner worked in the United States as a serviceman. forcing complainant to agree to sexual intercourse. petitioner and respondent once again had sexual intercourse. Sargent for over seven weeks but no solid evidence of the alleged adultery was procured.

the provisions of Article 49 shall likewise apply to the support of the spouse and the custody and support of the common children. The administration of the common property. Vamenta Jr. Held: The court held that Art. It was only upon hearing reports that Lily Ann Alcala had given birth did plaintiff sent Mrs. An opposition to the hearing of the motion was filed based on Article 103 of the Civil Code which states that an action for legal separation shall not be tried before six months had elapsed since the filing of the petition. Avelino Lubos. in the absence of a written agreement between the spouses. In September 1962. Macaraig on the ground that the time for filing an action has prescribed. Plaintiff. In April 1963. the Court shall order the prosecuting attorney or fiscal assigned to take steps to prevent collusion between the parties and to take care that the evidence is not fabricated or suppressed. Lily Ann Alcala. despite such effort. through her father and sister-in-law. Art. the family driver. 103 of the Civil Code is not an absolute bar to the hearing of a motion for preliminary injunction prior to the expiration of the six-month period. The administrator appointed by the court shall have the same powers and duties as those of guardian under the Rules of Court. judicial authorization shall be necessary unless such spouse voluntarily gives consent. When defendant came home in October. FC Article 58: An action for legal separation shall in no case be tried before six months shall have elapsed since the filing of the petition. Held: The court held that plaintiff had reason not to file an action because she had hoped that defendant would return. it is the duty of the court to grant alimony to SOP SOP SOP . Macaraig Facts: Elena Contreras appealed the decision of the Juvenile and Domestic Relations court of Manila which dismissed her complaint of adultery against Cesar J. tried to convince the defendant to come back but defendant told her that he can no longer leave Lily Ann. there should be no effort to compromise. FC Article 59: No legal separation may be decreed unless the Court has taken steps towards the reconciliation of the spouses and is fully satisfied. The spouses can live separately from each other. that reconciliation is highly improbable. shall designate either of them or a third person to administer the absolute community or conjugal partnership property. Respondent judge held in favor of the defendant who claimed that any prospect for reconciliation will be lost if the motion was tried. and Clemente Ramos Facts: Petitioner Lucy Somosa Ramos filed a civil case for legal separation against Clemente Ramos on the ground of concubinage and attempt to life. In any case. plaintiff did not verify the report so that defendant will not get angry. shall be given by the court to either of the spouses or to a third person.During the pendency of the suit for legal separation. Contreras vs. The court. FC Article 62: During the pendency of the action for legal separation. defendant met Lily Ann Alacala and had started to come home late and be away often. The only time that defendant therefore that plaintiff became cognizant of the alleged infidelity of the defendant was when the husband stated that he was living with. told Elena that her husband was living with Alcala. The latter confirmed on October 1963 that a child had been born by Alcala. 104 states that the court may appoint another person to manage the property should it deem it proper. Felicisima Antioquo to investigate. The lower court held that the word “cognizant” does not connote the date when proof was sufficient because the time indicated by the code would have been rendered meaningless as all one would need to do is fix the date. as is best for the interest of the community. In 1961. . The court shall provide for the support between the spouses and the custody and support of the common children.If the ground for legal separation is violence against women. the spouses shall be entitled to live separately from each other. and no longer be leaving. FC Article 60: No decree of legal separation shall be based upon a stipulation of facts or a confession of judgment. Somosa Ramos vs.31 FC Article 57: An action for legal separation shall be filed within five years from the time of the occurrence of the cause. The six-month bar should not have the effect of overriding the provisions such as determination of the custody of the children. plaintiff once again heard rumors of the alleged misconduct of her husband. - Alimony “pendent elite”. bearing the surname of defendant. When the consent of one spouse to any transaction of the other is required by law. whether in absolute community or conjugal partnership gains. She also sought the issuance of a writ of preliminary mandatory injunction for the return of her paraphernal and exclusive property then in the administration of the defendant.  Effects of Filing a Petition FC Article 61: After the filing of the petition for legal separation. alimony and support pendent lite.

it should be established by competent evidence. The spouses shall be entitled to live separately from each other. Ines-Luciano and Reyes Facts: Celia Ilustre Reyes filed a complaint for legals separation against her husband. Banez Facts: On Sept. Custody of the children may be determined by: 1. 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 SOP SOP SOP . FC Article 63: The decree of legal separation shall have the following effects: 1.32 the wife and to make provisions for the support of the children not in the possession of the father. no separate action may be taken. The lower court ruled in favor of plaintiff-respondent as such. Manuel J. dissolution is a mere incident of legal separation. She requested for the decree of divorce.000 in monthly support. respondent Gabriel opposed. Thus. Otherwise. 1996. forfeiture of respondent’s share in favor of the common children and the urgent ex parte motion to modify the decision and oblige petitioner to pay as attorney’s fees 5% of the total value of respondent’s ideal share. 23. As such. Petitioner was thereby ordered to post a P1. An action for legal separation is based on the assumption that there is a valid. taking into account the welfare of the children. Such urgency is not manifested by the case at bar. C. Plaintiff and herein respondent asked for support pendent elite for her and her three children which was granted by the lower court and respondent judge awarded plaintiff with P5. In this case. the writ will be a tool for oppression and inequity. Court held that when the harmonious relationship between husband and wife ceases. Court order which shall be based on the sound discretion of the judge. division of their net conjugal assets. if defendant contends that the marriage is not valid. petitioner’s claim that he had a right to alienate responded lacked merit. Also. the plaintiffrespondent was not asking for mere support but for her share of the conjugal property or alimony. Trial court denied Aida’s motion for moral and exemplary damages and litigation fees but granted the motion for execution. Aida P. Held: The court held that while adultery is a good defense. plaintiff asked that a preliminary injunction be issued against defendant. 2. Villa Real Facts: Respondent Narcisa Geopano filed a complaint against Diego delaVina alleging that he committed acts of adultery with one Ana Calog. Legal separation is not one where multiple appeals are allowed. Petitioner opposed the ruling of the lower court on the ground that his wife committed adultery. In the case at hand. Agreement of the spouses which shall not be disturbed unless prejudicial to the children. The Court of Appeals set aside the writ for execution.5 M bond which she did. Complainant has also proven the grounds of legal separation through competent evidence. Dela Vina vs. Held: The court held that a wife may acquire another and separate domicile from that of her husband when the theoretical unity of husband and wife is dissolved or if husband has given cause for divorce or where there is separation of the parties by agreement or a permanent separation due to desertion or cruel treatment or where there has been a forfeiture of the benefit of domicile. On the motion for execution. Respondent likewise alleged that she had been rejected from their conjugal home and had no means of support. Held: The court denied the motion of execution n the ground that execution pending appeal is allowed when superior circumstances demanding urgency outweigh the damages that may result from the issuance of the writ. but the marriage bonds shall not be severed. Reyes on the ground that the latter had attempted to kill the plaintiff. Reyes vs. alimony “pendente elite” shal be denied. herein petitioner contended that the court had no jurisdiction over the case because the domicile residence of the wife was not Iloilo and that as administrator of the conjugal property. Pendente Lite: Pending Litigation  Effects of Decree Banez vs. 2. Banez was legally separated from Gabriel Banez on the ground of the latter’s sexual infidelity. Property relations of unmarried couples is that of co-ownership based on actual contribution and not the presumed half and half as it is in conjugal partnership. The issues involved in the case are of the same marital relationship between the parties. subsisting marriage thus. After filing the complaint. respondent also found that petitioner was trying to alienate the conjugal property to the prejudice of the plaintiff. petitioner did not present evidence to that effect. Also. it is but right that the husband’s powers of administration be curtailed in light of the pendency of the action for separation. he had a right to alienate his wife. Included in the decision is the dissolution of their conjugal property relations. partition of conjugal property and alimony.

unless he forfeited the privilege or if it would injuriously affect the child. Petitioner contended that the Tender Years Presumption deprived him of the constitutionally mandated right of equal protection of the law. the trial court held that the wife. the innocent spouse may revoke the donations made by him or by her in favor of the offending spouse. Held: Where the spouse has foregone career opportunities at the behest of the primary wage earning spouse. to be the proper person vested with custody of such children. The rules on dissolution and liquidation of property regime shall be applied when the decree of legal separation becomes final. the homemaker spouse shall have an equitable interest in real property acquired by the wage earning spouse during their marriage. the presumption is weakening in other states. Case remanded to the lower court. SOP SOP SOP . Devine and Mr. La Rue in March 1980. La Rue was transferred under Mr. The action to revoke the donation under this Article must be brought within five years from the time the decree of legal separation has become final. having been a homemaker. Devine were found to be fit to care for the children but on account of the Tender Years Presumption. The only sanction in case of adultery or concubinage shall be penal. the obligation of mutual support between the spouses ceases. Devine and respondent Alice Beth Clark Devine were separated on March 29. La Rue from Betty J. no child under five years of age shall be separated from his mother unless the court finds compelling reasons to do so. While Alabama recognize the factual presumption that mothers are inherently suitable to care for and nurture young children. provisions in favor of the offending spouse made in the will of the innocent spouse shall be revoked by operation of law. La Rue prior to the decree of divorce. 1979. - FC Article 64: After the finality of the decree of legal separation. the Tender Years Presumption was in favor of the husband who was the master of the family. convinced her to stop working and become a homemaker. The couple had two children considered to be of tender years based on the Tender Years Presumption. After the decree. Custody • 1. The couple Ex Parte Devine Facts: Petitioner Christopher P. 4. to claim an equitable interest in such property in proceeding to seek a divorce. liens and encumbrances registered in good faith before the recording of the complaint for revocation in the registries of property shall be respected. The custody of the minor children shall be awarded to the innocent spouse. The guilty spouse shall not be entitled to the legitime. as well as the designation of the latter as beneficiary in any insurance policy. custody was awarded to respondent. La Rue Facts: Upon the divorce of Walter F. Both Mrs. and throughout the long marriage has remained in the home to rear children and provide suitable environment for the family. unless he has expressly waived this right in said policy. La Rue with alimony and allowance for healthcare. subject to the provisions of Article 213 of this code. - had two children. Moreover. The obligation of mutual fidelity remains. Dissolution and Liquidation of ACP or CPG La Rue vs. was not entitled to her claim to the equitable distribution of marital assets. The revocation of the donations shall be recorded in the registries of property in the places where the properties are located. The concept of homemaker services is not to be measured by some mechanical formula but instead rests on showing that the homemaker has contributed to the economic well-being of the family unit. however the court may order that the guilty spouse shall give support to the innocent spouse. In common law. Held: Petition is granted. Petitioner Betty La Rue worked in the early part of their marriage until Mr. the natural mother is presumed in absence of evidence to the contrary. The divorce only awarded Mrs. 3. Determining the Best Interest of the Child: Gender and Tender Years Presumption: When dealing with children of tender years. and The offending spouse shall be disqualified from inheriting from the innocent spouse by intestate succession.33 profits earned by the absolute community or the conjugal partnership which shall be forfeited in accordance with the provisions of Article 43(2). The donations subsist if action is not taken before the death of the spouse. herein respondent. La Rue. 11: The insured shall have the right to change the beneficiary he designated in the policy. PD 612 (Insurance Code) Sec. PD 603 Article XVII: …In case of separation of his parents. Alienations. even if such designation be stipulated as irrevocable. Doctrine of Equitable Distribution Permits a spouse who has made material economic contributions toward the acquisition of property which is titled in the name or under the control of the other spouse. A decree of separation which does not include an order of division of properties is not an incomplete judgment. The revocation of or change in the designation of the insurance beneficiary shall take effect upon written notification thereof to the insured. Their home which was once under the name of Mrs. A parent shall still have a right to access his child under court regulation.

The first stated that the child was “entrusted” to respondents while the second stated that Soledad is the “real guardian” of the child and no one may adopt the child except for Soledad. Having been emancipated from her father. Petitioner. After the birth of Angeline Anne. National Steel Corporation sent petitioner to Pittsburgh Pennsylvania as a liason officer and from then on. The couple was divorced in July 1970 on the ground of cruel and inhuman treatment on the part of the husband who was involved in extramarital relations prior to the SOP SOP SOP . Rivera. Cafuir Facts: Respondents Soledad Cafuir and her husband Jose Simeon appealed the decision of the lower court granting the writ of habeas corpus to Ileana Celis and ordering the delivery of the child to petitioner. In 1984. On August 16. may not be lawfully mandated solely on the basis of sex. after giving birth to Joel (John) Cafuir turned over custody to Soledad. freed from parental authority and legal obligation of her natural parents. from that decision. has a right to do so. the petition for adoption was granted and the child’s surname was changed to Fajardo. FC Article 210: Parental authority and responsibility may not be renounced or transferred except in the cases authorized by law. 20. Cervantes and Zenaida C. In 1977. including a nurse hired to care for the child. The provision that no mother shall be separated from a child under five years of age will not apply where the court finds compelling reasons to rule otherwise. The seven year age is not based on the date petition was filed but the date decision is rendered. Respondents argued that petitioner executed documents to the effect that she has renounced the custody of her children. Gina’s sister. the court held that it will be in the child’s best interest to stay with her adoptive parents. and Nelson. they had another child who was born in 1988. Because the adoptive parents are legally married and the respondent’s relationship with her husband is that of common law and that respondent has given birth to a child by another man. In December 1992. She was. Cervantes vs. merely “entrusted” and such arrangement was not permanent. Celis vs. 1986. petitioners received a letter from respondents demanding P150. respondent filed a writ for habeas corpus. California to work as a nurse. Cervantes against Gina Carreon Fajardo and Conrado Fajardo. Petitioner returned to the Philippines but upon being sent to Pittsburgh decided to leave his children with his sister Guillerma Layug. Ileana was in the position to care for her child and as such. After that. petitioner and respondent maintained a common law relationship. Espiritu v. respondent left her children with Petitioner to continue working in California while the latter was in Pittsburgh. fearing the extreme displeasure and anger of her father. 2. Parental unfitness: Feldman vs. Soledad provided for all the needs and comforts of the child. as the first document stated. petitioner filed the suit for habeas corpus. Cervantes filed by Nelson L.000 for the return of their adopted child who was taken by respondent Gina Carreon. While in the US. Fajardo Fact: This is a petition for a writ of habeas corpus of minor Angeline Anne C.34 With this presumption. The child was. the lower court transferred from the mother to the unmarried father the custody of their two infant children who previously had continuously resided with the mother. The couple was married in October 1987 in the Philippines. The constitutionality of this presumption. On Aug. On April 1987. Held: The document cannot be taken to imply that petitioner has renounced the custody of her child. 1987. the court held. Teresita claimed that she did not immediately follow her children because she was afraid that Reynaldo has filed a case of bigamy against her. their first child was born. Held: The presumption that children under seven years of age can best be taken care of by the mother is rebuttable. The petitioners have taken care of the child since she was two weeks old and an Affidavit of Consent to Adoption was executed. The trial court dismissed the petition but the decision was reversed by the CA. As such. Feldman Facts: In a habeas corpus proceeding. her brother-inlaw. respondents offered the child for adoption to Zenaida. respondent left for Los Angeles. the preference of the children should be taken into consideration in deciding the matter of their custody. it becomes the father’s burden to prove that the mother is unfit to care for their common child. Court of Appeals Facts: Petitioner Reynaldo Espiritu and respondent Teresita Masauding met in 1976. Held: The court reaffirmed the decision of the lower court. The task of appointing custody cannot be solely based on the child alone but several other considerations. After marrying Agustin C.

35 dissolution of their marriage. detrimental to the children’s welfare. they are not. Since release from the hospital.. Held: Custody granted to petitioner. On Sept. will not be able to care for the child. Petitioner argued that private respondents have failed to show that petitioner was an unfit and unsuitable father and as such. parental authority shall be exercised by the parent designated by the court. His effort to keep custody of the child is a sign that he is willing to rectify his mistakes. Also. Christopher. If courts recognized the rights of unmarried men to engage in extramarital relations. constitute unfitness for custody. on its face. David v. custody shall be given to her. guardianship and surrender to children’s home or an orphan institution. Custody and Control of Minor ward Leouel Santos Jr. vs. Absent any showing that petitioner is unfit (although admittedly. especially the choice of the child over seven years of age. Leouel Santos Sr. David worked as secretary of private respondent Ramon R. They had intimate relations which produced three children. The court shall take into account all relevant considerations. CA Facts: Petitioner Daisie T. Leopoldo and Ofelia Bedia.” in the house of respondent Mady Feldman. Villar who was then married and had a family. is an army lieutenant while Julia Bedia was a nurse working in the US. Court of Appeals Facts: Court of appeals granted custody of 6 year old Leouel Santos Jr. son f petitioner Leouel Santos Sr. Leouel Jr. Petitioner’s previous inattention cannot be immediately construed as abandonment. As the child is over the presumed tender years. Private respondent’s wife was aware of the existence of the illegitimate children. 2. FC Article 213: In case of separation of the parents. The trial court’s ruling that parents who participate in a culture of “free sex” were unfit to care for children was a dangerous conclusion. had a relationship to another man subsequent to the decree of divorce. No child shall be separated from the mother unless the court finds compelling reasons to order otherwise. sexual deviation and aberrant sexual practices do not. on its face. Vasquez Facts: This suit for obtaining support from defendant was instituted by Maria Pizarro and her minor children. the right of women to engage in private sexual activities which do not affect her relationship with her children is protected by her right to privacy. Santos Sr. Julia has reportedly sent financial support while Leouel Santos had done no such thing. As such. what is given is merely temporary custody and not a perpetual renunciation of parental authority. Upon their return. Plaintiff SOP SOP SOP . unless the parent is unfit. there is no reason to impose stricter standards on women. and Julia Bedia-Santos to the latter’s parents. • Role of the Child’s Preference FC Article 49: …The court shall give paramount consideration to the moral and material welfare of said children and their choice of the parent with whom they wish to remain as provided for in Title IX. being a soldier. Private respondents contended that they can provide a comfortable life to the child and that petitioner. custody must still remain with the mother as the child has categorically expressed preference to live with his mother. When a parent entrusts the child to another. The trial court granted the petition but the Court of Appeals reversed the decision on the ground that the trial court had no jurisdiction over the case as the children were borne out of adulterous relations. Gloria. A waiver of parental authority can only be executed in cases of adoption. Temporary custody was awarded to respondent until such time that the issue on custody and support was determined in a proper case. Christopher was taken by respondent on a trip to Boracay. 1990. Held: Court held that amorality. Julita and Lorenzo. Article 214 of the Family Code cannot be applied. respondent refused to return the child prompting petitioner to file for a write of habeas corpus. had been in the custody of respondents. Leouel took his son from respondents prompting respondents to file a Petition for Care. immorality. she is not as well-off as respondent). Petitioner contended that the writ of habeas corpus applied to all cases of illegal confinement or detention or by which the rightful custody og any person is withheld. Pizarro vs. The evidence of the obscene materials was likewise out of reach of the children. Christine and Cathy. Petitioner Philip Feldman alleged that he observed a copy of Screw Magazine (which possesses dubious redeeming social values) and that he found letters (some with explicit photographs attached) which were responses to an advertisement for another couples or groups for “fun and games. The wife on the other hand. Held: Article 213 of the FC states that custody of a child under six will be given to the mother unless the court deems it proper to rule otherwise. Respondent wife alleged that the advertisement was done for fun and that the evidence showed that her private sex life in no way affected the children and that the children were provided for.

Custody was granted to Gwendolyn McCoy. In 1997. financial and social well-being. Held: While the tender years presumption in favor of the mother is no longer in effect. Court therefore held that the presumption is in favor of the primary caretaker parent if he or she meets the minimum objective standard for being a parent. plaintiff should be given support by the defendant. was not completely drug free. In October 1991. petitioner was confined in Estrellas Home Care Clinic for being a drug dependent. such as "Mrs. Held: Claims of plaintiff that defendant had kept a mistress and had maltreated her were not contradicted. After legal separation. When the child was born. The evidence of said adulterous relations was the birth of Lorenzo 11 months after the couple separated." Garska vs. Defendant denied the claim and alleged that there is no contract of separation and that Maria Pizarro committed acts of adultery. Upon marriage. While petitioner had a history of drug dependence. It is the duty of the court to hold a trial notwithstanding the agreement of the parties to submit the case for resolution on the basis of a psychiatric report. Custody of the four minor children was thereby awarded to Armando. The court also failed to consider the preference the choice of the children who were then 14 and 15 years old. the marriage bonds are not severed. Also. The parties were ordered to undergo psychological evaluation which they passed except for the psychologist’s opinion that petitioner. The petition was dismissed on the ground that the child had not lived with the grandparents for the requisite six months. There is therefore no proof that he is unfit to care for his children. Michael Garska. in his belief. He was again confined in 1996 for rehab. petitioner filed for a writ of habeas corpus which was granted by the lower court. at 15 years old. Upon learning the action for adoption. but prefixing a word indicating that she is his wife. Held: Case was remanded. Macadalo Facts: Petitioner Rosario Matute and private respondent Armando Medel were legally separated on the ground of adultery committed by petitioner with her brother-in-law. appellant agreed to the adoption of Jonathan by her grandparents. The presumption shall only apply to children of tender years. Petitioner explained that they had sexual intercourse sometime in November 1933 during the town fiesta in the belief that defendant had changed. records were inadequate to show his moral. custody should still be granted to appellant on the basis that she has been the primary caretaker of the child in question. petitioner sent food and diapers. • Other Effects CC Article 372: When legal separation has been granted. Logically. This is so because her married status is not affected by the separation. respondent quit her job and became a full time housewife while petitioner managed buy and sell. fishpond and restaurant businesses. Lourdes Laxamana held a degree in Banking and Finance. Jonathan Conway. • Presumption of Primary Care Taker Facts: Appelant Gwendolyn McCoy was pregnant with her first child. The baby developed a chronic respiratory infection and to be able to use the United Mine Worker’s medical insurance of her grandfather. CC Article 370: A married woman may use: (1) Her maiden first name and surname and add her husband's surname. herein petitioner. Laxamana vs. Respondent abandoned petitioner in June 1999 taking the children with her. The couple had three children. Petitioner filed a writ for habeas corpus for visitation rights which the court granted. During pregnancy. absent any evidence that plaintiff indeed committed adultery and considering the prima facie presumption of innocence. With permission from private SOP SOP SOP . the material welfare of the child depends on the award of support. the wife shall continue using her name and surname employed before the legal separation. Court held that manipulation of the welfare system to provide for the child’s healthcare shall not be construed as an attempt to abandon the child. did not give any support. Laxamana Facts: Petitioner Reymond Laxamana was a graduate of Bachelor of Laws while respondent Ma.36 and defendant separated on the ground that the latter committed acts of infidelity and cruelty. McCoy Matute vs. the primary caretaker parent is not in superior financial position as such. or (2) Her maiden first name and her husband's surname or (3) Her husband's full name. petitioner was declared drug free but respondent alleged otherwise stating that petitioner has become irritable since his return and had even maltreated her at one point.

The community of property or conjugal partnership of gains is not automatically revived. except as to the property relations of the spouses. Reconciliation must be a voluntary mutual agreement to live together as husband and wife. Petition was opposed b y the City Attorney of Bagiuo but in a motion for reconsideration. if still pending. .The word ‘revive’ implies that the conjugal property regime prior to the decree of legal separation would be restored however. SOP SOP SOP . except in those prohibited under Articles 35 (1). During their marriage. Those to be retained as separate properties of each spouse. she filed a civil suit. and (6). After the spouses have reconciled. and valid there as such. shall thereby be terminated at whatever stage. condition and legal capacity of persons are binding upon citizens of the Philippines even though living abroad. (5). Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry. the Filipino spouse shall have the capacity to remarry under Philippine laws.37 respondent. General rule is a marriage valid where it was celebrated is valid everywhere. Filing of manifestation is only needed to terminate the case in court and for purposes of future property relations of the spouses. The agreement of revival and the motion for its approval shall be filed with the court in the same proceeding for legal separation.” Armando moved to have Rosario charged with contempt of court for disobeying the court’s decision to grant custody to Armando but the court did not accede owing to the fact that Armando consented. shall also be valid in this country. 2.  Reconciliation FC Article 65: If the spouses reconcile. and 2. the court did not grant custody to petitioner. and all the orders in that decree will have no effect. Laperal vs. and 3. The fact of legal separation alone is not a sufficient ground to justify a change of name. Armando was found to be living with a different woman and such relations were likewise adulterous. a corresponding joint manifestation under oath duly signed by them shall be filed with the court in the same proceeding for legal separation. The properties to be contributed anew to the restored regime. but not on the causes already pardoned. The court’s order containing the foregoing shall be recorded in the proper civil registries. Republic of the Philippines Facts: Elisea Laperal has been legally separated from her husband Enrique Santamaria. FC Article 66: The reconciliation referred to in the preceding article shall have the following consequences: 1. parties are still allowed to stipulate what would be brought into the revived property regime. The legal separation proceedings. Petitioner argued that the act of adultery she was charged with does not constitute moral depravity. unless the spouses agree to revive their former property regime. FC Article 67: The agreement to revive the former property regime referred to in the preceding Article shall be executed under oath and shall specify: 1. the petition was granted on the basis that the use of the married name will give rise to confusion in finances and the eventual liquidation of the conjugal assets. in its order. take measures to protect the interest of creditors and such order shall be recorded in the proper registries of properties. polygamous and incestuous marriages). petitioner brought her children to Manila to attend her father’s wake. a new action for legal separation can be based only on the subsequent or other causes. with copies of both furnished to the creditors named therein. petitioner used the latter’s surname. Three of the said children were no longer of “tender years. Held: Alleged errors by respondent were merely errors of judgment and not errors of jurisdiction. - -  Divorces Foreign Divorces The Nationality Principle CC Article 15: Laws relating to family rights and duties. After due hearing. or to the status. The names of all their known creditors. FC Article 26: All marriages solemnized outside the Philippines in accordance with the laws in force in the country where they were solemnized. 37 and 38. their addresses and the amounts owing to each. the court shall. the decree is set aside. 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. Held: The language of the statute is mandatory and a woman shall continue using her married name because her married status is unaffected by her legal separation. Exceptions to the general rule: o Marriages which are contrary to the law of nature and good morals as generally recognized in Christian countries (ex. 36. The recording of the order in the registries of property shall not prejudice any creditor not listed or not notified unless the debtor-spouse has sufficient separate properties to satisfy. Thereafter. praying for custody of her children whom she alleged has expressed preference to stay with her. (4). If the reconciliation takes place after the decree of legal separation has been handed down by the court. However. She prayed that she be allowed to use her maiden name considering that she and her husband had not lived together for a long time.

Quita vs. Before the war. The decree is binding on private respondent as an American Citizen. As such. Laws on legal capacity to marry are binding to Filipinos in all countries. The couple agreed to live separately until 1950 when petitioner sued Arturo for divorce. marital union will be dissolved and a separate agreement on the conjugal property was to be made. Foreign marriages under Articles 35 (those contracted below 18. Lorenzo refused to forgive Paula and the couple drew an agreement which stated that family allowances would be suspended. In 1951. petitioner married Theodore Van Dorn. Aliens may obtain divorces abroad.38 Marriages which the local law-making power has declared shall not be allowed any validity. he discovered that his wife was pregnant and was cohabiting with his brother Ceferino. She later gave birth to a son by the adulterous relation. Upon his return after the war. CA and Dandan Facts: Fe Quita married Arturo Padian in the Philippines in 1941. praying that the administration of the estate be granted instead to their lawyer. Lorenzo died on June 1985 and a few months after his death. In 1983. partial reconsideration was granted by the court in favor of Arturo’s illegitimate children. According to petitioner. CC Article 15 Article 26 corrects the riduculous situation wherein a Filipino who married a foreigner remains married inspite of a divorce decree issued in a different country. After the decree of divorce Fe married a certain Felix Tupaz whom she divorced and then a certain Wernimont. 37 (Incestuous Marriages) and 38 (Marriages void by reason of public policy). They lived together in the Philippines until their divorce in 1982. As such. While the forms of entering into the contract of marriage are to be regulated by the law where it is celebrated. Lino Javier Inciong filed a petition for the right to administer the estate of Arturo. Private respondent filed a suit claiming that the Galleon shop. As such. the trial court should have conducted a hearing to establish the citizenship. The couple was married in Hong Kong and had two children. Hon. which may be recognized in the Philippines provided that they are valid according to their national law. Blandina Dandan. In 1981. along with her six children filed their opposition to Javier. Arturo’s brother. Lorenzo acquired US Citizenship. SOP SOP SOP . petitioner moved for immediate declaration of the heirs of respondent and distribution of his estate. After the divorce. Paula filed a petition for letters of administration as the surviving spouse of Lorenzo. Court of Appeals Facts: Lorenzo Llorente was an enlisted serviceman of the US Navy from 1927 to 1957. Upon his return he married Alicia who had no knowledge of his prior marriage. Held: The mere fact that petitioner declared Arturo was Filipino and thus remained legally married to her in spite of the divorce implies that Quita was no longer a Filipino citizen at that time. Lorenzo Llorente went to the United States leaving Paula in the Philippines. Romillo Facts: Petitioner Alicia Reyes Van Dorn is a citizen of the Philippines while private respondent Richard Upton is a citizen of the US. In 1937. Lorenzo filed for a divorce and which was decreed one year later. the essentials of the contract depend upon the law of the domicile for the parties. Van Dorn vs. Arturo died in 1972 without a will. respondent is no longer the legal husband of herein petitioner. Manuel V. Held: There is no question as to the validity of that Nevada divorce or divorce in any state in the United States. In 1987. The agreement was duly signed and notarized. In 1943. Article 26 is more restrictive in that it requires that the divorce be secured by the foreign spouse and that Filipinos naturalized as citizens of other countries are exmept from the application of the law. those contracted through mistake in identity and those void under Article 53). respondent is estopped from claiming the alleged conjugal property because of the representation he made in the divorce proceedings that they had no community of property. Llorente vs. Ruperto and Fe Quita were declared the only heirs of Arturo. Blandina was not a legitimate spouse. The lower court held that Lorenzo’s marriage with Alicia was void and that Paula should get 1/3 of the properties. o - - FC Article 26 vs. The trial court held that a foreign divorce sought by Filipinos after the effectivity of the Civil Code is not recognized in this jurisdiction. a will was executed to the effect that all his property will be given to Alicia and his kids by her. those polygamous and bigamous. claiming to be the surviving spouse of Arturo. petitioner’s business is conjugal property. Romillo Jr. As proof of filiation of the children was presented. Petitioner’s motion to dismiss was not granted by respondent judge. Lorenzo petitioned for Alicia to be the administrator of their conjugal property which was denied as he was still alive. he and Paula were married. 36 (Psychological incapacity). Quita has apparently testified that she has been a US citizen since 1954. They were divorced in Nevada. The Dandan family did not appear in court.

The procedures for change of name under the Rules of Court shall not be applied to judicial confirmation of the right of a divorced woman to resume her maiden name and surname. Muslim Divorces Yasin vs. Grace filed a petition for nullity on the ground of bigamy alleging that she learned of Recio’s prior marriage to Samson only in November of 1997. a divorce from Garcia was secured as such. Extrinsic . either for the first or second time.Extrinsic pertains to the formalities or formal requisites which ay be dictated by the country decreeing the divorce (Article 26 applies).There is no judicial cognizance of foreign laws there is therefore an additional requirement now. 48. . Art. The Shari’a court stated that she did not file the petition in sufficient form and substance provided for in Rule 103 of the Rules of Court. she may be granted a decree of divorce by the court after due notice and hearing. respondent moved to dismiss petition of Garcia on the ground that there was no longer a cause of action. Editha Samson. Petitioner is not seeking to change her registered name but for her to be allowed to resume the use of it. no person can change his name or surname without judicial authority. — Where the husband has injuriously assimilated (zihar) his wife to any of his relatives within the prohibited degrees of marriage. petitioner asked that she be allowed to resume use of her maiden name and surname. 46. . nonetheless. After their divorce. Recio argued that he revealed his prior marriage in 1993. Art. without prejudice to her right of seeking other appropriate remedies.In extrinsic. was married to an Australian. — Where a husband makes a vow to abstain from any carnal relations (ila) with his wife and keeps such ila for a period of not less than four months. Garcia and Recio started living separately and their assets were divided in 1996. Hadji Idris Yasin contracted another marriage and as sch. Code of Muslim Personal Laws Art. shall have the right to take her back (ruju) within the prescribed 'idda by resumption of cohabitation without need of a new contract of marriage. He married Grace Garcia two years later and in their marriage license. In 1998. The couple lived together as husband and wife in Australia but on 1989 they divorced. A year after their marriage. 1984. Recio became an Australian citizen. Divorce by li'an. Any number of repudiation made during one tuhr shall constitute only one repudiation and shall become irrevocable after the expiration of the prescribed 'idda. Garcia a. a Filipino.39 Held: Divorce obtained in a foreign country is recognized in this jurisdiction.The same is true for rules of succession. Divorce by talaq. Recio Facts: Rederick Recio. Divorce by zihar. Petitioner filed a motion for reconsideration stating that the petition she filed is not covered by the rules of court but is merely a petition to resume the use of her maiden name and surname after the dissolution of her marriage by divorce. Recio vs. Lorenzo was no longer a Filipino Citizen when he obtained divorce. (2) A husband who repudiates his wife. they shall mutually refrain from having carnal relation until he shall have performed the prescribed expiation. 49. the only name that may be changed is the true and official name. a decree of perpetual divorce may be granted by the court after due hearing and after the SOP SOP SOP . Shari’a District Court Facts: Hatima Yasin.k. Divorce by Ila. . the repudiation shall become irrevocable (Talaq bain sugra).a. 47. was married to Hadji Idris Yasin until their divorce in May 13.In intrinsic there is absence of the essential requisites (Article 15 applies). Hatima Centi y Saul. The wife may ask the court to require her husband to perform the expiation or to pronounce the a regular talaq should he fail or refuse to do so. Proof of the existence of provision on divorce and the alleged divorce decree are likewise necessary to show capacity to remarry. Intrinsic vs. In 1992. Held: The true and real name of a person is that given to him and entered into the civil register. he declared that he was a Filipino. in Malabon on 1987. — (1) A divorce by talaq may be effected by the husband in a single repudiation of his wife during her non-menstrual period (tuhr) within which he has totally abstained from carnal relation with her. a Muslim Filipino of legal age. — Where the husband accuses his wife in court of adultery. lex law psy celebrationis or valid in the country. Held: The Case was remanded to the trial court for the purpose of obtaining evidence to show respondent’s legal capacity to marry. valid everywhere. The best evidence of divorce is the decision itself as authenticated by the consular officer. While it is true that under Article 376 of the Civil Code. It was found that no decree of absolute divorce has been given but divorce in the sense of legal separation. to show the effects of the divorce decree. Should he fail to do so. Art. .

53. without just cause. (d)The wife shall be entitled to recover from the husband her whole dower in case the talaq has been affected after the consummation of the marriage. li'an and khul'. for three monthly courses. — The provisions of the article immediately preceding shall apply to the dissolution. as soon as it becomes irrevocable. 'Idda defined. — (1) Every wife shall be obliged to observe 'idda as follows: (a) In case of dissolution of marriage by death. upon petition of the wife. Divorce by khul'. shall be dissolved and liquidated. shall not have the right to be supported. (b) Associates with persons of ill-repute or leads an infamous life or attempts to force the wife to live an immoral life. Art. or (c) In case of a pregnant women. 56. or one-half thereof if effected before its consummation. Divorce by faskh. (f)Unusual cruelty of the husband as defined under the next succeeding article.chan robles virtual law library FC Article 100: The separation in fact between husband and wife shall not affect the regime of absolute community except that: 1. In the absence of sufficient community property. four months and ten days counted from the death of her husband.. 57. of marriage by ila.chan robles virtual law library Art. performed the prescribed acts of (a) The marriage bond shall be severed and the spouses may contract another marriage in accordance with this Code. if stipulated in the marriage settlements. . Art. Faskh on the ground of unusual cruelty. (e) Insanity or affliction of the husband with an incurable disease which would make the continuance of the marriage relationship injurious to the family. decree a divorce by faskh on any of the following grounds : (a) Neglect or failure of the husband to provide support for the family for at least six consecutive months. (2) Should the husband die while the wife is observing 'idda for divorce. zihar. Period. The court shall. Art. The spouse present shall. Art. — A decree offaskh on the ground of unusual cruelty may be granted by the court upon petition of the wife if the husband: (a) Habitually assaults her or makes her life miserable by cruel conduct even if this does not result in physical injury. 3. another 'idda for death shall be observed in accordance with paragraph 1(a). she may repudiate the marriage and the repudiation would have the same effect as if it were pronounced by the husband himself. 'Idda. 2. The spouse who leaves the conjugal home or refuses to live therein. 51. and (f) The conjugal partnership.chan robles virtual law library (c) Failure of the husband to perform for six months without reasonable cause his marital obligation in accordance with this code. . or (e) Does not treat her justly and equitably as enjoined by Islamic law. When the consent of one spouse to any transaction of the other is required by law. Art. for a period extending until her delivery.chan robles virtual law library (e) The husband shall not be discharged from his obligation to give support in accordance with Article 67. . (c) Compels her to dispose of her exclusive property or prevents her from exercising her legal rights over it. — If the husband has delegated (tafwid) to the wife the right to effect a talaq at the time of the celebration of the marriage or thereafter. (d) Obstructs her in the observance of her religious practices. the separate property of both spouses shall be solidarily liable for the support of the family. 50.40 parties shall have imprecation (li'an). 54. (b) Conviction of the husband by final judgment sentencing him to imprisonment for at least one year. (b) In case of termination of marriage by divorce. 55. (d) Impotency of the husband. after having offered to return or renounce her dower or to pay any other lawful consideration for her release (khul') from the marriage bond. — Art. be given judicial authority to administer or encumber any specific separate property of the other spouse and use the fruits of proceeds thereof to satisfy the latter’s share. judicial authorization shall be obtained in a summary proceeding. 52. Art. — The wife may. petition the court for divorce. Divorce by tafwid. or (g) Any other cause recognized under Muslim law for the dissolution of marriage by faskh either at the instance of the wife or the proper wali. upon proper petition in a summary proceeding. — A talaq or faskh. shall have the following effects: SOP SOP SOP . (c) The custody of children shall be determined in accordance with Article 78 of this code. in meritorious cases and after fixing the consideration. (b) The spouses shall lose their mutual rights of inheritance. issue the corresponding decree. subject to the effects of compliance with the requirements of the Islamic law relative to such divorces. — The court may.Effects of other kinds of divorce. — 'Idda is the period of waiting prescribed for a woman whose marriage has been dissolved by death or by divorce the completion of which shall enable her to contract a new marriage. Section 2. Effects of irrevocable talaq or faskh.

the court shall notify the other spouse. Court of Appeals Facts: Rey Perez. Nerissa a registered nurse SOP SOP SOP . In the absence of sufficient conjugal partnership property. The provision likewise mandates that the child under seven years of age shall be in the custody of the mother absent any showing that the mother is unfit to care for the child. The notice shall be accompanied by a copy of the petition and shall be served at the last known address of the spouse concerned. or one has abandoned the other and one of them seeks judicial authorization for a transaction where the consent of the other spouse is required by law but such consent is withheld or cannot be obtained. he had only a tourist visa and was unemployed in the US. thereby terminating cohabitation or common life under the same roof without judicial order. and herein petitioner were married in December 1986. judicial authorization shall be obtained in a summary proceeding. if none. embodying the transaction and. no child under 7 years of age shall be separated from the mother unless…” Since the code did not qualify the word separation to mean “legal separation” couples separated in fact are still covered by its terms. FC Article 247: The judgment of the court shall be immediately final and executory. Lower court granted the custody to the mother based on Article 213 of the Family Code. without just cause. The petition shall attach the proposed deed. said petition shall be decided in a summary hearing on the basis of affidavits. directing the parties to present said witnesses. documentary evidence or oral testimonies at the sound discretion of the court. - - FC Article 127: The separation in fact between the husband and wife shall not affect the regime of conjugal partnership. 3. shall describe in detail the said transaction and state the reason why the required consent thereto cannot be secured. CA reversed the decision and granted the custody to the father instead. Respondent stayed with her in the US twice while she was pregnant and when she gave birth to Rey Perez II. 2. a doctor of medicine practicing in Cebu and his wife. In any case. of said petition. The Court however held that such a supposition is unfounded especially as there are means by which the mother could take care of the child despite the demands of her profession. Held: Article 213 of the FC provides that “in case of separation of parents. FC Article 239: When a husband and wife are separated in fact. When the consent of one spouse to any transaction of the other is required by law. the Petitioner alleged that the mother will not be able to take care of the child as she works as a nurse. Nerissa went back to the US because the husband preferred to stay behind to take care of his sick mother. on or before the date set in said notice for the initial conference. the court shall specify the witnesses to be heard and the subject-matter of their testimonies. The family went back to Cebu in 1993 but after a few weeks. if any. the final deed duly executed by the parties shall be submitted and approved by the court. The spouse present shall upon petition in summary proceeding. except that: 1. The spouse who leaves the conjugal home or refuses to live therein. Their marriage produced one child born in July 1992. Petitioner began working in the US on October 1988 and became a resident alien in 1992. whose consent to the transaction is required. ordering said spouse to show cause why the petition should not be granted. a verified petition may be filed in court alleging the foregoing facts. be given judicial authority to administer or encumber any specific separate property of the other spouse and use the fruits or proceeds thereof to satisfy the latter’s share. There is no separation of fact if business affairs only require that they occupy separate residences but their relations continue to be intimate and friendly. shall not have the right to be supported. FC Article 246: If the petition is not resolved at the initial conference. The spouse who leaves the conjugal home without justification loses the right to be supported by the other spouse but his obligation to support the latter is not extinguished. the separate property of both spouses shall be solidarily liable for the support of the family. Nerissa filed a petition for a writ of habeas corpus asking respondent Rey Perez to surrender custody of their son to her. Judicial authorization is necessary when the consent of one spouse is necessary for a transaction but cannot be obtained. Unlike his wife.41 Separation of fact refers to the actual definite separation of the persons of husband and wife. She was able to construct a house in Mandaue using her earnings. In the case herein. FC Article 242: Upon the filing of the petition. Perez vs. If testimony is needed.

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