Mie
Civil Law Outlines
PERSONS AND ~
FAMILY
JOEMER C. PEREZ
TABLE OF CONTENTS
Chapter 1: Introduction to Law
Philippine Copyright 2010
by
Joemer C. Perez
All rights reserved.
No part of this book ma
reproduced in any form or by any electronic >
mechanical means, including information storage
and retrieval systems, without written permission
from the author, except quoted brief passages in a
review
or in judicial
Serial No.
or other
_
official
proceedings.
133
Any copy of this book not bearin g the signature
i
of the author shall be considered as proceeding
from an illegal source.
ISBN 978-971-011-220-3
Published by
.
Central Book Supply, Inc.
927 Quezon Avenue, Quezon City
Phiiippines 1104
Chapter 2:
Human Relations
Chapter 3:
Persons
Chapter 4:
Introduction to Marriage
Chapter 5:
Creation and Requisites Of Marriage
Chapter 6: Marriages With Foreign Elements
Chapter 7:
Validity of Marriage
Chapter 8:
Legal Separation
117
Chapter 9:
Marital Rights and Obligations
133
Chapter 10: Property Relations
137
Chapter 11: Property Regimes
151
Chapter 12: The Family
194
Chapter 13: Paternity and Filiation
203
Chapter 14: Adoption
219
Chapter 15: Support
229
Chapter 16: Parenta) Authority
239
Chapter 17: Emancipation and Majority
254
Chapter 18: Summary Judicial Proceedings In Family Law
255
Chapter 19: Other Civil Code Provisions On
Persons & Family
259
Preface
Everything should be made as simple as possible,
but not any simpler.
- Einstein
Civil law is an enormous subject, which covers a wide range of
topics from the simple to the more complex. A student of civil law is
prone to be overwhelmed by the largeness of the subject, particularly as
he prepares for the bar exams.
This work is an attempt to help the student navigate this vast
field. It is a basic presentation of civil law in outline form. It provides
a logical arrangement and synthesis of civil law rules and principles
based chiefly on codal provisions and relevant jurisprudence.
Commentators are also cited whenever useful or appropriate.
The
arrangement of topics in the Civil Code has been followed as far as
practicable.
My aim is to give students a substantial understanding of the
essential principles and rules of civil law, with as much nuance as
possible, but without overwhelming
them with the more abstruse
theories and issues,
JCcp
2010
To Nani
and Alfenso.
To me you are perfect,
Just the way you are.
Chapter 1
Introduction
I.
to Law
CIVILLAW
A.
CONCEPT OF LAW: Law refers to the males of conduct
formulated by the legitimate power of the State for common
observance and benefit."
Law may be categorized as public or private. Public law refers
to the system of miles regulating the relations of the State with
its subjects, while private law refers to the system of rules
regulating the relations between the subjects themselves.
Civil law, which is the subject of the Civil Code, belongs to the
category of private law. Civil law is that branch of law which
has for its double purpose the organization of the family and
the regulation of property. 1t has been defined as the mass of
precepts which determine and regulate the relations of
assistance, authority and obedience among members of =
family, and those which exist among members of a society for
the protection of private interests.’
B.
RIGHTS
distributes
AND
OBLIGATIONS:
among
the members
Everything
which
of the community
the
may
law
be
reduced into two classes*:
+ Morano, Phifippine Law Dictionary (1988), p. 537, citing Lapitan v. PCSQ, 60 0.G, 6841.
2 See Miravite, Handbook for Roman Law {1970}, p. 44.
% Tecson v. COMELEC, G.R. No. 161434, March 3, 2004.
+ Bentham, Principles of the Civil Code, in Selected Writings on Utilitarianism (Wordsworth), p.
3a
.
LI
Right — a legally enforceable claim of one
person against
another person, that the other shall do a given
act or shall
not do a given act’;
2.
HISTORY: Much of our civil law is codified in the “New Civil
Code” (Republic Act No. 386) which took effect on August 30,
1950.
Obligations — a legal necessity to do a given
act or not to
do a given act. (see Art, 1156)
Rights and obligations, though distinct and opposi
te
nature, are simultaneous in their origin and insepa
rable
existence. The law cannot grant a benefit to any
one,
at the same time, imposing a burden on some
one else.
The immediate predecessor of this Civil Code was the Civil
Code of 1889 or the Old Civil Code, which is of French and
Spanish origin.
in their
in their
without,
In other
words, a right cannot be created in favor of any one,
without
Imposing a corresponding obligation on another.
=
C.
Example: if person A has the right of ownership over
a
piece of land, every body (except A) is under the
obligation
not to trespass it or take its fruits.
Since its enactment, the Civil Code has undergone several
amendments, most notably by the Family Code which took
effect on 3 August 198%" and basically superseded the Civil
Code provisions on marriage and family and related subjects.
. STRUCTURE:
1.
be no right without a remedy.” The right-holder may
seek the
5 Black's Law Dictionaryv {At-idged Fifth Ed), p. 688.
& ld.
7
”
Dp,
omE aki inn Tina,
Roces v. House of £ Repre
i
senta
tives Electoral Tribun
al, G.R. No. 167499, September 135, 2005,
2
Book I on Persons — This includes several Titles on such
subjects as Civil Personality, Family, Marriage and
However, the Family Code has
Parental Authority.
already superseded the Civil Code provisions on most of
these subjects.
According to an old maxim, there can
assistance of the State’s coercive power (gene
rally through a
court action) to obtain a relief (e.g., damages
or injunction)
against the person who violated his right.
This process is
called the enforcement of the right. (This is of
course optional
on the part of the right-holder; he raay choos
e not to enforce
his right or waive it.)
:
is
divided into four major parts (aside from the Preliminary Title):
If a legal right is violated (i.e, if the
correlative legal
obligation is breached), the State grants a remed
y in favor of
thé person with the right and against the
person with the
correlative obligation.
Like the old Civil Code, the new Civil Code
2.
Book II on Property, Ownership and Its Modifications
— This covers several Titles on such subjects as the
Possession,
Ownership,
of Property,
Classification
Usufruct and Easements.
3.
of Acquiring
Book III on the Different Modes
Ownership — This covers several Titles on various modes
of acquiring ownership, such as Donation, Succession and
Prescription.
4,
Book IV on Obligations and Contracts — This covers
several Titles on such subjects as Obligations (in general},
& Maneclang v. Baun, G.R. No. 27676, April 22, 1982; Kiameo v. CA, G.R. No. 96885, July 3,
1992,
¢ Memorandum Circular No, 85, November 7, 1988, issued by Office of the President.
3
Contracts’ (including various
Delicts and Damages.
Special
Contracts),
Quasi-
legislative
whenever
powers
the
same
are
validly
delegated by the legislature or directly conferred by the
Constitution);
Il.
EFFECT AND APPLICATION OF LAW
S
A.
EFFECTIVITY OF LAWS:
c.
to enforceor implement existing law,
Laws shall take effect after fifieen
(days following the completion of their publication
either in the
-
Official Gazette, or in a newspaper of generel circul
ation in the
Philippines, unless it ;s otherwise provided. (Art,
2)
L.
Requirement
-
the
due
process
clause
of
3.
the
However, the legislature may in its discretion
provide
that the usual 15-day period shall be short
ened or
extended."
=
approval”
is defective.
However,
it does
its
b.
Interpretative regulations,
b.
Internal regulations, i.e., those which regulate only the
personnel of the administrative agency and not the
c.
not
What Must Be Published:
a.
a.
public;
render the entire statute invalid; the statute will
take effect 15 days after publication.'?
2.
What Need Not Be Published:
An effectivity clause which provides that the
|
stetute “shall take effect immediately upon
B.
All statutes, including those of local
application and
private laws;
Presidential
(promulgated
decrees
and
by the President
executive
orders
in the exercise of
0 Taftada v. Tuvera, 230 Phil. 528 (1986)
.
" Tafada v, Tuvera, 230 Phil. 528 (1986)
.
2 Farifiasv. Executive Sacretary, G.R. No.
147387, December 10, 2003. See, howaver,
Phil.
Velerans Bank v, Vega, G.R, io. 10536
4, June 28, 2001.
3 Tafiada v. Tuvera, 230 hil. 525 (1986).
requirement,
publication
the
from
Aside
administrative rules and regulations must be filed
with the National Administrative Register (at the
U.P. Law Center).”
of Pubiication, —- Publication of laws is
indispensable under
Constitution, !?
Administrative rules and regulations whose purpose is
Letters of instructions issued by administrative
supetiors concerning the rules or guidelines to be
followed by their subordinates in the performance of
their duties.
IGNORANCE OF THE LAW: Ignorance of the law excuses no
one from compliance therewith. (Art. 3)
1.
Basis. This principle is based on the presumption that
everyone knows the law.
If mistake of law were
excusable, the law wouid be unenforceatle.!
"
der No. 292 (Administrative Code of 1987), Book VH, Chapter 2, Sec. 1. See SEC
v. vy
Inc., yao 164026, December 22, 2008; National Association of Electricity
Consumers for Reforms (NASECORE) v. Energy Regulatory Commission, G.R. No. 163935,
February 2, 2006, 481 SCRA 480, 520; Philsa Intemational Placement and Services Com, v.
Secretary of Labor and Employment, 408 Phil. 270 (2001).
15 Tafada v. Tuvera, 230 Phil. 528 (1986).
16 Manuel v. People, G.R. No. 165842, November 29, 2005.
5
-
Examples: (a) A person’s violatio
n of the Family Code
cannot be excused on the ground that he was
not aware
of said law because it took effect when
he was residing
abroad. '® (b) A crewing manager who coll
ected cash
bond in return for a promise of employ
ment cannot be
excused from lability on the ground
that he was
unaware that such coliection is prohibited."
2,
Mistake
of Fact.
In contrast
2.
Exceptions: Statutes can be given retroactive effect in the
following cases
a.
4)
-
|
to ignorance
(a) Penal laws cannot be made retrospective to the
prejudice of the accused, as they would
such mistake is nc! caused by negligence or
bad faith)?
constitute ex past facto laws.
Example: A person who kills anoth
er, on the mistaken
belief that he was being attacked by
the person killed
is not criminally liable?!
3.
As Basis
difficult
{: ut,
=
of Good
question
Faith.
of
law
(b) Laws
Mistake
be
the
upon
a doubtful
basis
of
good
or
b,
faith,
526)
Example:
Good
faith
of
a
donee
remains
C.
Gener
obligation
of
those which
cure
errors and
irregularities and validate judicial or administrative -
het thr
proceedings, acts of public officers, or private deeds;
and contracts that otherwise would not produce their
intended consequences due to some statutory disability
PROSPECTIVITY OF Laws
1.
the
Procedural laws or remedial statutes — those
prescribing rules and forms of procedures of enforcing
rights or obtaining redress for their invasion;
Curative statutes —
notwithstanding that he was mistaken
in hi s bel i
the donation was valid.2
impair
cannot
contracts¥
:
may
The Constitution
Exceptions to the exception:
following cases:
the
in
laws
ive
prohibits retrospect
of law,
Ignorance or mistake of fact may be
a sufficient excuse Gif
-
Laws expressly made retrospective in application. (Art.
or failure to comply with technical rules”;
al
Rul {+
La Ww!Ss
shall
h ave
4] a
refro. acti Vi e
eff ec f
3
unless the contrary is provided.
(Art. 4) Otherwise put,
laws are prospective in operation;
they apply to future acts
or acts done after the law took effec
t,
d.
Laws interpreting others;
17 Trans208Intem
SCRA
roaation
n al v. ¢, A, G.R. No. 128421, October
12, 1998, citing Velasco vs, Ortiz, 184
2 Philippine Society For the Preventian of Cruelty to Animals v. Commission on Audi, G.R, No.
27, 2007
People v, Gasaca, , 6.7.G.R. No, No. 195448 5, Nove
mbe o
2U.S.v. An Chong, 16 Phil 488 (1910) Novat
"it. 200,
U.S. v. Ah Chong, 15 Phil, 488
July 23, 2008 (fn. 29).
Constitution, Art. Ili, Sec. 22, U.S. v. Diaz Conde, 42 Phil, 766 (1922).
25 Constitution, Art. Mf, Sec. 10, Asiatic Petroleum, Co. v. Llanes, 49 Phil. 466 (1926).
"8 Dulali
Dulalig,a, Jr.
Jr. v.v. Cruz,
Cruz, A.C.
A.C. No. No, 6854 854, Apri
April
{1910).
:
Lincorna Multi-Purpose Cooparziive v,
Republic, G.R. No. 167652, July 10, 2007
ar:
6
169752, September 25, 2007; Republic v. Kawashima Textile Mfg. Phil, tnc., G.R. No. 160352,
2 Romero v. Court of Appeals, G.R. No. 142803, November 20, 2007, 537 SCRA 643; Subido,
Jr. v. Sandiganbayan, 334 Phil. 346 (1997);
21 Government of the Philippine Islands v. Municipality of Binalonan, 32 Phil. 634 (1915).
7
Laws creating new rights;
f.
Penal statutes insofar as they favor the accused
who is
=
e.
not a habitual criminal;? and
8.
D.
. WAIVER OF RIGHTS
1.
General Rule: Rights may be waived. (Art. 6)
a.
Laws enacted in the exercise of police power.>®
:
Even constitutional rights may be waived.
Examples: the right against unreasonable searches
and seizures; the right of an accused to counsel and
EFFECT OF VIOLATION OF LAWS: Acts execu
ted against the
provisions of mandatory or prohibitory laws
shall be void,
except when the law itself authorizes their validi
ty. (Art. 5)
to remain silent; the right to be heard; the right to
bail,
= +. Examples of void contracts because of violation
of laws:
-
2.
b.
For a waiver to be valid, the following requirements
b
must concur”:
Public contracts: entered into without the public
bidding
required by law”';
:
Sales or transfers
of land in violation of the agricultural
tenancy laws*;
c.
e.
i.
Theright to be waived existed;
ii.
The person waiving it had knowledge,
actual or
- constructive, thereof, and
Dredging contracts violative of anti-graft
laws for
being manifestly and grossly disadvantageous
to the
government;
d.
34
iii. He had an actual intention to relinquish the right.
2.
Pactum commissorium or stipulation that a credit
or
may appropriate the things given by way of pledge
or
mortgage, (Art, 2088)
Stipulation that a pledge is still entitled
to recover
deficiency after the foreclosure of the pledg
e. (Art.
2115)
Exceptions: Rights may not be waived when the waiver is
a.
Contrary to law, public order, public policy, morals, or
good customs (Art. 6),
Co
Examples:
The waiver of the posting and publication
i.
of
foreclosure
in extrajudicial
requirements
mortgage is contrary to public policy. The purpose
behind such requirements is not so much to notify
"the mortgagor as to inform the public generally of
2 Bona v. Briones, 38 Phil, 276 (1918).
5 Revised Penal Code, Art, 22.
3 Ortigas & Co, Lid. v. CA, G.R. No. 126102,
December 4, 2000.
Dani v, People, G.R. No. 130084, March 31,
2005, citing Malaga v. Penachos, Jr., 213 SCRA
516 (1892).
#2 Vidz. De Panlilic v. Dizon, 3.7. Ne. 148777
, October 18, 2007.
33 Republic (DPWH)v. CA, GR. Na. 118483, June
10, 2003.
8
penple v. Donato, G.R. No. 79269, June 5, 1991; Sayson v. People, G.R. No. 51745, October
s fi v.CA. GR. No. 113447, October 9, 1997, clting People vs. Salangga, 234 SCRA 407,
417-448 July 25, 1994,
the nature and condition of the property to
be sold
and of the time, place, and terms of the sale.
Laws may be repealed expressly or impliedly.
-
it. The waiver of tenancy rights is contrary to the
law
Repeals by implication are not favored and will not be
allowed unless it is convincingly demonstrated that the
two laws are so repugnant and inconsistent with each
and public policy on agrarian reform.”
iii, In labor cases, waiver or quitclaims are generally
not
favored
because
protection of labor.*®
-
of the
public
policy
of
G.
However, not all waivers and quitclaims by
employees are invalid. If they were voluntarily
entered into and represent a reasonable
settlement, they are binding on the parties, The
watver or quitclaim will be annulled only (a)
where tere is clear proof that the waiver was
wangled from an unsuspecting or gullible
person, or (b) the terms of settlement are
-unconscionable on its face.”
b -
1 rejudicial
7] ( ’
) to a third
person with
other that they cannot co-exist.”
an g ht Te
cog
zed
by
SUPREMACY OF THE CONSTITUTION
1.
Uncenstitutional Law.
be inconsistent with the Constitution, the former shall be
void and the latter shall govern. (Art. 7)
.
The Constitution is supreme and provides the measure
for the validity of legislative or executive acts. An
unconstitutional act is not a law, confers no rights
imposes no duties, and affords no protection.*’ This is
the orthodox view.
-
However, under the modern view or the “operative
fact’ doctrine,
Example: repudiation by an heir of his inheritance
to the prejudice of his own creditors (in which case
the creditors may petition the court for authority
to
accept it in the name of the heir). (Art. 1052)
FE.
REPEAL OF Laws: : Laws are repealed only
by subsequent
ones, and their violation or non-observ
ance shall not be
excused by disuse, or custom, or practice to
the contrary. (Art.
3 Philippine
Philingi National
i
Bank v. Nepomuceno Productions, Inc., G.R, No. 139479,
December 27
2002.
¥ Siacorv. Gigantatang,
na, G.R.G.R. No. No. 147877,
14
, AprilApri 5, 2002,
% Lambo v. NLRC, GR. Ne. 411042, October 26, 1998.
% Periquet v. NLRC, G.R. No. 81293, June 22, 1990, 186 SCRA
724
10
When the courts declare a law to
the actual existence of a statute,
prior to its nullification for being unconstitutional,
is an operative fact and may have consequences
which cannot justly be ignored. The declaration of
the
all
obliterate
simply
cannot
nullity
consequences of a void act occurring prior to such
a declaration.”
. Example: Even if the Supreme Court invalidated
the
“moratorium
laws”
(laws
declaring
a
#0 Frivaldo v. COMELEC, G.R. No. 120295, June 28, 1996, 327 Phil. 521.
41 Fernandez v. P. Curva & Co., GR. No, L-21114, November 28, 1967 {J. Femanco
concurming).
42 panita Motor Co., Inc. v. Flores, 99 Phil. 728 (1956); Femandez v. P, Cuerva & Co. G.R. No.
L-21114, November 28, 1967 (J. Fernando concurring), De Agbayani v. Philippine National
Bank, 38 SCRA 429 (1971); Tafiada v. Tuvera, 136 SCRA 27 (1985); Tan v. Barrios, 190 SCRA
685 (1990); Co v. CA, 227 SCRA, 444 (1993).
11
Inoratorium on the enforcement of debts
¢ ontracted
I.
GAPSIN THE LAW
suspending the period of limitations before the
:
1.
before World War II), they still had the effect
of
declaration of nullity.*
2,
Unconstitutional
or
Illegal
Acts
or
JURISPRUDENCE:
Judicial decisions applying or interpreting
the laws or the Constitution shall form part of
system
part
cf the Philippines. (Art. 8)
1.
of the legal
Under the princi
inci ple of stare decisi; s et non quieta movere
(stand by the decisions and disturb not what
is settled)
once a case has been decided cne way,
any other case
involving exactly t 1 same point at issue shoul
d be decided
in the same manrer™
jy
er.”
Ii cases ought to be decidi ed
Like
Like laws, which are generally prospective, new
judicial
doctrines also apply prospectivel
i y and should not appl
parties who had relied on the old doctrine*
=
pre
Neither should new judicial doctrines apply
to old
cases which had already been finally deter
mined,
Otherwise, there will be no end to litigation. ¥
3 Manila
Motor Co. 1 Inc. v . Flores 993
sy
Paw 15h op, 3 Inc. v Con
First | anters
Phil, 738 { (1956 )
of Internal
issioner
Revel
ue, J GR.
No.
174
mo Araten
;
Benzonan v. CA, G.R. No. 97973,
January 27, 1992,
“7 People v. Pinuila, 103 Pi, 697 {1958),
12
-
in
Art. 9 does not state what norms will guide the court
law.
rendering judgment in the absence of applicable
on
issi
Comm
Code
In the draft of the Civil Code, the
proposed the following provision.
“When there is no law clearly applicable to the
point at issue, of if the law is doubtful, ambiguous
or conflicting, and previous judicial decisions do
not throw light upon the question, the general or
local custom shall govern. In the absence thereof,
the judge shall apply that rule which he believes
the lawmaking
be guided by
The
justice.
considered,
legislation and
jurists.
body would lay down, but he shall
the general principles of law and
spirit of analogous laws may be
He may bear in mind foreign
decisions as well as opinions of
He may likewise take into consideration
legal maxims.”
The foregoing provision was not adopted by Congress,
but it has been opined that such suppletory rules must
In particular, custom,
be considered as existing.”
when proven, is recognized as a source of law in the
absence of applicable statutory provision.” (see also
Art. 1307)
34, July 30
* Ty v. Banco¢ Filigino Savin gs & Mortgage Bank, G.R. N
, G.R. No, 144705, Nove
X
SCY
eo
one oa.
76; Confederation of Sugar Fraducers Association, Ina, v Deamon oe _
Mach 30, 2007, 519 SCRA 562, ’
Reform (OAR) - GR. , No.55 63514
SCRA 827
205 SORA 515.
RA
827 (1974); :
e,
decline to render judgment by reason of the silenc
obscurity or insufficiency of the laws. (Ast. 9)
Regulations
Administrative or executive acts, orders and regul
ations
shall be valid only when the; y are not con trary
t
or the Constitution. (Art. 7)
feos
H.
court shall
Silence or Obscurity of Laws. No judge or
.
48 Report of the Code Commission, pp. 36-37/
ence), 1830 ed., Vol. | (hereafter °/
Jurisprud
and
aries
(Comment
Code
4 Tolentino, Chil
Tolentind), p. 40.
of J.
% Cruz v. Secretary of DENR, G.R. No. 135385, December 6, 2000 (separate opinion
Puno).
13
However, Art. 9 is not a license for courts to engage in
Judicial legislation. The duty of the courts is to apply or
interpret the law, not to make or amend it.
2.
Presumed
Legislative
Intent.
In case of doubt
in the
Interpretation or application of laws, it is presumed that the
ye
body intended right and justice to prevail. (Art.
K.
COMPUTATION OF PERIOD
1.
Units of Time. The provision of the Civil Code on time
(Art. 13%) is deemed repealed” by the Administrative
Code of 1987 which provides’ that —
a.
“Year shall be understood to be 12 calendar months;
A calendar month
J.
calendar without regard to the number of days it
CusToM
1
may contain. Tt is the period of time running from
the beginning of a certain numbered day up to, but
not including, the corresponding numbered day of
the next month, and if there is not a sufficient
number of days in the next month, then up to and
Concept. Custom is defined as “a rule of conduct formed
by repetition of acts, uniformly observed (practiced) as a
social rule, legally binding and obligatory.”
-
including the last day of that month.”
Custom is important because it may be a source of law
in the absence of applicable legal provision.*® The law
also requires that contractual stipulations should not be
contrary to “good customs.” (Art. 1306; see also Art.
-
1183)
2.
is a month designated in the
Proof. A custom must be proved as a fact, according to the
rules of evidence. (Art. 12) Tt cannot be considered by a
Examples:
(1) one calendar month from December 31, 2007
would be from January 1, 2008 to January 31,
2008;
(2) one calendar month from January 31, 2008
would be from February 1, 2008 until February
court unless it is proved.
29, 2008.
3,
Licit. Customs which are contrary to law, public order or
public policy shall not be countenanced. (Art. 11)
5 Article 13 provides:
’
"When the laws speak uf years, months, days or nights, it shall be understood that
years are of three hundred sixty-five days each; months, of thirty days; days, of twenty-four
hours; and nights from sunset to sunrise.
Silverio v. Republic, GR. No. 174889, October 19, 2007.
In the Matter of the Petition for Autherity to Continue Use of the Firm Nama *Ozzeta,
Romulo
de Leon,Mdori
Mabantan and lied
rie
Reyes", Jul y 30, 1979, 92 SCRA 3, 12; H Kee v. Sy-Gonzalas, G.R. No.
pu
8 Cruz v. § ecretary of DENR, GR. No, 135385, December 8, 2000 {separate opinion of
J.
on
3 Palrfarca
ate
v. Orate, 7 Phil,i, 289
399, 385 (1907); ; Kee v. Sy-Gonzales, G.R. No.
55960, November
3
“If months are designated by their name, they shall be computed by the number of
days which they respectively have.
*In computing a period, the first day shal be excluded, and the last day included.”
This provision was applid in NAMARCO v. Tecson, G.R. No. L-29131, August 27, 1969.
% Commissioner of Internal Revenue v. Primetown Property Group, Inc, GR. No. 162155,
August 28, 2007.
57 E 0, 292, Section 31, Chapter VIII, Book I.
58 Commissioner of Intemat Reverue v. Primetown Property Gmup,
August 28, 2007.
14
15
Inc, G.R. No. 16217%,
cannet be punished for bigamy under Philippine penal
law.
(3) two years from April 14, 1998 would be 24
calendar months, or until April 14, 2000.%
:
b.
¢.
“Month" shall be understood to be of.30 days, unless it
refers to a specific calendar month in which case it
shall be computed according to the number of days the
specific month contains;
‘
“Day” shall be understood as a day of 24 hours;
b.
CL
PEER le: 1
Exceptions to territoriality princip
i.
they are not
international organizations —
if committed
even
state
ne
punished by the Philippi
-
here (“diplomatic immunity”);
d . “Night
ight” shall be und
understo
as od
from sunrise
i to sunset
2.
Computation.
Crimes committed by state officials, diplomatic
and officials of recognized
representatives
However, said immuni
:
ty da=c not extend to
-
acts which are done outside of official duty, or
In computing a period, the first day shall be
excluded, and the last day included. (Art. 13)
L.
CONFLICT OF Laws: The general rule is that laws
are
territorial, i.e., their operation is co-extensive with territor
ial
sovereignty,®
This general rule, however, yields to certain special rules which
vary according to the field of law involved, thus:
1.
Penal Laws. Pen
laws and those of public security and
safety shall be ob;igatory upon all who live or sojourn in
Philippine territory, subject to the principles of pubiic
international law and to treaty stipulations. (Art. 14)
a.
As a general rule, Philippine criminal law applies only
in Philippine territory (territoriality principle). Thus,
¢.g., a murder
committed
ii,
private,
commercial
or
Crimes committed on board a foreign vessel —
they are not punished by the Philippine state even
if the vessel is within its territorial waters
(subject to exceptions, such as when the crime
disturbs the peace of the country or the good order
of the territorial sea).
jii. Certain crimes are punishable under Philippine law
even if committed outside Philippine territory,
namely;
(1) Offenses committed while on a Philippine ship
or airship;
abroad cannot be punished
under Philippine penal law.
Similarly, a married
person who contracts a bigamous marriage abroad
Commissioner of Internal Revenue v. Primetown Property
Group, Inc., G.R. No. 162155,
August 28, 2007,
Co.
® Reyes and Puno, Outiine of Philippine Civil Law (1964
ed.), Vol. | (hereafter */ Reyes and
Punic’), p. 18.
:
16"
which are
62
:
proprietary acts.
those
(2) Counterfeiting of Philippine currency;
81 Coquia and Aguiling-Pangalangan, Conflict of Laws {2000 ed) (hereafter *Coquia and
fing-Pangalangar), pp. 458-468.
)
Wis Vv. Fld 209 SCRA 357 (1592); Liang (Huefeng) v. People, G.R. No. 125885,
a
January 28, 2000 and March 26, 2001,
8 {| N., Convention on the Law of the Sea, Art. 27.
® Revised Penal Code, Arl. 2.
17
(3) introd
uction
cmon
of
¢ ounterfeitit
ilippi
Philip
pine
3.
Property.
situated (lex
subject to the law of the country where it is
situs or lex rei sitag). (Art. 16)
4) Offenses by public officers/employees in the
exercise of their functions;
rty is
The capacity to transfer or acquire real prope
property is
governed by the law of the place where the
law
located.®™ Thus, the prohibition under Philippine
against aliens’ ownership of lands applies to lands
situated in the Philippines,
-
(5) Crimes against national security and the law of
nations.
2.
Persons and Family Matters.
rights and duties,
Laws relating to Jamil
or to the status,
condition
and le bf
capacity of persons are binding upon citizen
s of he
Philippines, even though living abroad. (Art. 15)
This i
called the “nationality principle.”
oP
a.
Regardless of where a Filipino citizen might be,
he or
she will be governed by Philippine laws with respec
t to
his or her family rights and dufles, or to his
or her
status, condition and legal capacity,
Hence, if a Filipino obtains an absolute divorc
e
from spouse in a foreign country, the ‘Philippines
will not recognize such absolute divorce.” If such
divorcee
remarries,
such
recognized here as valid."
marriage
will
not
here.
y
4.
sions, both
Smccessicn. Intestate and testamentary succes
amount of
with respect to the order of succession and to the
validity of
successional rights and to the intrinsic
national
the
by
testamentary provisions, shall be regulated
n.
eratio
law of the person whose succession is under consid
(Art. 16)
a.
their national law, even though they live
al
Capacity to succeed is also governed by the nation
law of the decedent (not by the national law of the
heir). (Art. 1039)
b.
be
oe a matter 0° reciprocity, Art. 15 is also
applied to
oreigners, Le. their family rights and duties
and their
status, condition and legal capacity of perso
ns are
.
;
governed by thei
The foregoing rules apply whatever may be the nature
n
of the property and regardless of the country wherei
said property may be found {exception to lex situs).
(Art. 16)
¢.
Whatever public policy or good customs may be
involved in our system of legitimes, Congress did not
intend to extend the same to the succession of foreign
nationals.”
-
& Perez v. CA, , GR.GR No. No.1152580. . January
J
- Perez v. CA, G.R. No. 13258
nur
27,
27 pa
Tenchavezv. Escano, 122 7+, 752, 765 (1065),
18
Real property as well as personal property is
Thus, where the decedent was a foreigner, and her
national law does not provide for a system of
legitimes or compulsory heirs, such law will apply;
206,
# Coquia & Aguiling-Pangatangan, p. 303.
8 rents v. CA, G.R. No. 124371, Navernber 23, 2000.
13
the décedent’s will may distribute her property
in
the tort
Torts. Traditionally, the law of the place where
lex loci
of
actus
loci
was committed or tock place (lex
6.
any manner she may have seen fit.”
:
-
However,
the national
law
of the
foreign
nized the
However, the Supreme Court has also recog
this rule, in
“most significant relationship rule”. Under
the co
determining which state law should apply,
ot
takes into account the state which had the
hus,
tort.
the
significant relationship or contacts with
ey
the court considers, e.g., (a) the place where the
: e
ng
causi
ct
condu
the
occurred; (b) the place where
decedent may return the question to the law of
his domicile
foreign
(remvoi).
decedent
is
In that case, if the
domiciled
in
Philippines, then Philippine law will apply.”
5.
the
Contracts. As a rule, the law of the place where the
contract
- contract.”
a.
b.
is
made
75
delicti commissi) governs.
(lex
loci
contractus)
governs
the
hy
injury occurred; (¢) the domicile, residence, nations
the
place of incorporation and place of business of
Thus, in a seaman’s employment contract entered into
in the Philippines, the Philippine law requirements of
notice and hearing in the event of termination are
applicabie, regardless of the nationality of the
employer or place of employment.”
parties, and (d) the place where the relationship, if any,
ates
between the parties is centered. The court evalu
ve
these several contacts according to their relati
be
to
issue
ular
importance with respect fo the partic
:
resolved.”
The Supreme Court has also recognized the possibility
of applying the “most significant relationship rule”.
7.
The forms and solemnities of contracts,
Formalities.
by the
wills, and other public instruments shall be governed
loci
{lex
ed
execut
are
laws of the country in which they
celebrationis). (Art. 17)
»
Under this rule, in determining which state law should
apply, the court takes into account the state which had
the most- significant relationship or contacts with the
transaction. Thus, the court considers, e.g., where the
contract was made, was negotiated, was to
be
performed, and the domicile, place of business,
or
place of incorporation of the parties. The
court
evaluates these several contacts according to their
relative importance with respect
to the particular issue
a.
When
the
acts referred
to are executed
before
the
diplomatic or consular officials of the Republic of the
Philippines
in
a
foreign
country,
the
solemnities
established by Philippine laws shall be observed in
their execution.
to be resolved.”
b.
.
10 Bellis v. Bellis, 20 SCRA 358; Cayetano v. Leonidas, 129 SCRA
522 (1984),
{]
}
(Art. 17)
Following the principle of lex loci celebrationis, a
marriage which is formally valid at the place where it
was celebrated is also formally valid here.” (Art. 26,
FO)
7 In re: Estate of Edward Christensen, G.R, No. L-16749,
January 31, 1963,
72 PCL Shipping Phil. Inc. v. NLRC, G.R. No. 153031, Dacemb
er 14, 2008.
1 PCL Shipping hil. Inc. v. NLRC, G.R. No. 153031, Decembe
r
Integrated Services, irc. v. Natignz! Labor Relations Commission, 35314, 2006, citing Triple Eight
T* See Hasegawe v. Kitamura, G.2, No, 149177, November 23, 2007, Phil. 955, 966-989 (1998).
4
20
Ni
3
:
.
October8, 1998,
™ Saudi Arabian Airlinesv. or oR ve hy
76 Saudi Arabian Afdlines v. CA, G.R.
7 Board of Commissioners v. Defa Rosa,
October 8, 1998,
No. G.R. Nos, 95612-13, May 31, 1291,
G.R.
Nos.
2
¢.
Similarly, a will which is formally valid at the place
where
Art
8.
it
was
executed
18
also
formally
V al id
815)
ere.
Human
"
Public Policy. Prohibitive laws concerning persons, their
acts or property, and those which have for their object
public order, public policy and good customs shall not be
rendered ineffective by laws or judgments promulgated, or
by determinations or convent ions agreed upon ini a forei
country. (Art. 17)
i
ee
-
Chapter 2
see
[.
IN GENERAL
A.
APPLICATION
of good conscience 7
P.
OF
CIVIL
Cobz:
In
matters
which are governed by the Code of Commerce and special
.
I.
laws, their deficiency shall be supplied by
ions of this
Code. (Art, 18)
pplied
~
the rightful
forth basic principles which must be observed for
the fountain
social order. They are norms which “spring from
Example: a marriage between two Filipinos cannot be
SUPPLETORY
(Arts. 19-36) set
PURPOSE: The Human Relations provisions
stability of the
relationships between human beings and for the
dissolved by a divorce judgment obtained abroad,”
M.
Relations
by the provis
provisions
Basis FOR TORT ACTIONS: The Human Relations
delicts
quasifrom
are an important basis for tort actions (aside
of certain
under Art. 2176). They provide legal recognition
ing for their
wrongs, making them actionable and provid
s are not
punishment (through damages), even if such wrong
‘specifically punished by law (criminal of otherwise).™
II. BASIC PRINCIPLES
A.
PRINCIPLE OF ABUSE OF RIGHTS
1.
78enhare
Tepchaves s
v.1. Escafio,
Esato 55 SC3A 35
5, 362, November 29, 1965; Garcia v. Reclo, G.R. No.
22
in the
Every person must, in the exercise of his rights and
performance of his duties —
a.
Act with justice,
b.
Give everyone his due, and
¢.
Observe honesty and good faith. (Art. 19)
™ Repott of the Code Commission, p. 39.
# Velayo v. Shell Co. of P.1., 100 Phil, 186 (1956).
2.
Every person who, contrary to law, wilfully or negligently
Example: There is abuse of rights when the
owner of a property raises his wall solely to
.
causes damage to another, shall indemnify the latter for the
block off light and air from hic neighbor's
same. (Art, 20)
property.
3.
Any person who wilfully causes loss or injury to another in
a manner that is contrary to morals, good customs or public
policy shall compensate the latter for the damage. (Art. 21)
Notes:
a.
.
d.
Art. 19 (the principle of abuse of rights) sets certain
standards which must be observed not only in the
exercise of one's rights but also in the performance of
e.
from
Good faith denotes an honest intention to abstain
taking any unconscientjous advantage of another, even
through technicalities of law, together with absence of
all information, notice, or belief of facts which render
the transaction unconscientious.
Examples of Abuse of Rights:
one’s duties.
b.
i.
A mortgagee who seizes the mortgaged motercyele
without any warrant or court order, using insulting
language on the mortgagor, is liable for abuse of
rights.*
ii.
A
While Art. 19 lays down a rule of conduct, the remedy
for its violation (damages) is found in either Article 20
or Art, 21.9
¢.
A right, though by itself legal because recognized or
granted by law, may nevertheless become the source of
some illegality.®> When it is “abused”, or exercised in
a manner which does not conform with the norms in
Art. 19 and results in damage to another, a iegal wrong
is thereby committed for which the wrongdoer may be
held responsible.
-
There is an abuse
solely to prejudice
of a right must be
for which it was
of right when it is exercised
or injure another. The exercise
in accordance with the purpose
established, and must not be
excessive or unduly harsh.®
#1 GF Equity, Inc. v. Valenzona, G.R. No. 156841, June 30, 2005, 462
SCRA 468.
®2 Globe Mackay Cable and Radio Corporation v. CA, 176 SCRA 778, 790-791
(1989); GF
Equity, Inc. v. Valenzona, G.R. No. 156844, June 30, 2005, 462 SCRA 466.
8 Globe Mackay Cable and Recic Carporation v. CA, 178 SCRA 778, 780-791
(1989); GF
Equity, Inc. v. Valenzona, G.R. No. 156841 , June 30, 2005, 462 SCRA 4686,
8 Uypitching v. Quiamco, G.R. No. 146322, December 6, 2006,
24
person who
allegedly
lost her valuables
and
made unfounded accusations of theft is liable for
damages to the person who was wicnzly accused.
iii. A creditor was held liable for damages when,
taking advantage of its knowledge of imminent
insolvency proceedings against the debtor, it
transferred its credit to a sister corporation in the
U.S. and succeeded in attaching and disposing of
the debtor's property in the U.S. to the prejudice of
the other creditors. The creditor was found to have
acted in bad faith and betrayed the trust of its co-
creditors.™
2007; Ingusan v.
# Bercero v. Capitol Development Corporation, G.R. No. 154765, 28 March
%
Heirs of Reyes, G.R. No. 142938, August 28, 2007.
8 Lypitching v. Quiameo, G.R. No. 146322, December§, 2006.
#7 Carpio v. Vaimonts, G.R. No. 151868, September 8, 2004,
8 Valayo v. Shefl, 100 Phil. 186 (1956).
25
the fundamental principles
property of another against
iv. The hasty implementation
of an order of
demolition, before it became final and executory
and before the persons affected could avail
themselves of their legal remedies against the
same, may give rise to liability for damages.”
A school, in belatedly informing a law student of
the failing result of his removal examination,
particularly at a time when he had alread :
commenced preparing for the bar exams, cannot be
\
and
said to have acted in good faith
PRINCIPLE OF UNJUST ENRICHMENT
1.
2.
Elements
5.
Even when
was
not
due
to
the fault
or negligence
Notes:
a
it, and it was
ission of the sale must
A seller who seeks the resc
payment made by the
return to the buyer the down
required to deposit
latter.” (The seller may even be
pendency of the
the said amount during the
proceedings.”)
v. Ong, GR.
4, November 28, 2008, citing Almocera
#1 Republic v. Jallocanag, GR. No. 16378 164, 176-177 and Allied Banking Corporation v. Li,
February 18, 2008, 546 SCRA
No. 170479,
27, 2008, 549 SCRA 504, 524,
Sio Wan, G.R. No. 133179, March
SCRA 44, 53; P.C. Javier &
No. 164885, November 18, 2004, 443
@ Tamio v. Ticson, G.R.
29, 2005.
Sons, Inc. v. CA, GR, No, 129552, .lune
t 11, 2003.
83 Reyes v. Lim, GR. No. 134241, Augus
‘
¥ Rellosa
v. . Peflosis,
f
Pe
, GR.GR. No. Ivo. 1 1389
0 University of the ast v. Jes 5, G.R.
Si No, 132344,
Eel
February 17, 2000.
26
duly delivere
:
Examples:
i
bd
(i.e.
to return it arises.” Art.
through mistake, the obligation
ake in the payment,
2154 requires that there be mist
Art. 21 (e.g., payment
which is not required under
uniawful contract).
under pressure or pursuant to an
e.
shall not be allowed to profit or enrich himself
inequitebly at another's expense. Thers is angst
eanehment when a person unjustly retains a benefit io
e loss of another, or when a person retains money or
impoverished
ment under Art. 21 is
The principle of unjust enrich
under Art. 2154, which
different from solutio indebiti
received when there is
provides that “if something is
d
no right to demand
of the
.
,
.
The doctrine of unjust enrichment means that a person
is
ichment may be used as
The principle of unjust enr
aggrieved party has no
basis for recovery where the
, quasi-contract, crime,
other action based on contract
ision of law.”
quasi-delict or any other prov
¢.
to another's
efendant, the latter shall be liable for indemnity if through
the act or event he was benefited. (Art, 23)
*
plaintiff
cause.
d.
an act or event causing damage
(ii) the
at the expense of or with
defendant’s benefit is derived
(iii) lack of just or legal
damages to the plaintiff), and
Every person who through an act of performance b
another, or any other means, acquires or comes into
possession of something at the expense of the latter without
Just or legal ground, shall return the same to him. (Art 2
property
the defendant is
of unjust enrichment’™: (i)
benefited,
and may be heid
liable for damages.”
B.
ence.”
of justice, equity and good consci
9% | Tolentino 84.
t 11,2003,
% Reyes v. Lim, G.R. No, 134241, Augus
August 11, 2003.
% Reyes v. Lim, G.R. No. 134241,
27
i.
Levy ‘which was collected from a corporation for
-
the benefit of another corporation, pursuant to an
valid administrative issuance, may be recov
ered
from the beneficiary.”
.
ii. Payment made on an agreement which was never
3
from
implemented may be recovered.
f.
rendered,”
There is no unjust enrichment in the following cases:
i.
When
When the plaintiffs loss is due to a bad bargain or
business decision.
-
Article 22 is
overly bold
subcontractor
get the deal
received little
pot a safety net against bad or
business decisions.
Thus, a
who offered a very low price to
may not cotnplain later that he
profit or even incurred losses,"
fii. When the plaintiff did not actually suffer any loss,
January 23, 2006, 470 SCRA 40¢, 21d1a, -
10 MC Engineering, Inc. v. CA, 3
Lo
of Units C and D were not at
RELATIONS
III. OTHER RULES ON HUMAN
A. PROTECTION FOR THE WEAK: In all contractual, property or
"other relations, when one of the parties is at a disadvantage on
account of his moral dependence, ignorance, indigence, mental
weakness,
tender age
or other handicap,
the courts
must
be
vigilant for his protection. (Art. 24)
1.
When one of the parties is unable to read, or if the contract
is in a language not understood by him, and mistake or
fraud is alleged, the person enforcing the contract must
show that the terms thereof have been fully explained to
the former. (Art. 1332)
2.
However, all persons are presumed to be sane and normal
and moved by substantially the same motives. When of age
and sane, they must take care of themselves. In their
Pen Corporatn, GR. No. 138088,
No. 104047, April 3, 2002.
28
Example: Art. 23 may be illustrated thus: a fire (due to
an accident) broke out in Unit A of a row of
Unit B was destroyed to prevent the
townhouses.
spread of the fire to Units C and D. The owner of Unit
B may ask for indemnity from the owners of Units C
and D who were benefited from the destruction of Unit
fault for the fire or for the destruction of Unit B.
or the defendant's gain was not at the expense
of
the plaintiff.
9 Planters Products, Inc. v. Fertiphil, In¢., G.R. No. 168008, March
14, 2008.
% Ingusan v. Heirs
[
of Reyes,s, G.R.
G.R. No. No. 142938, , A August 28, 2007.
H.L. Contractors, inc. v. Marin Properties Corporation, G.R. No,
147614, January 28, 2004,
0 Car Cool Philippines, inc. v. Ushio Reatt
{
subcontractor
B, even if the owners
the person who receives the benefit has a
valid claim to'such benefit'™; or
ii.
the
subcontractor any poorer.'®
A contractor which rendered services that were
accepted by the owner is allowed tc recover the
reasonable
value of the thing or services
iv.
Thus, in the absence of stipulation, the
subcontractor is not entitled to an increase
from the contractor when the latter obtains an
increase in price on the main contract. The
increase obtained by contractor did not come
192 MG Engineering, Inc. v. CA, G.R. No. 104047, April 3, 2002,
29
relations with others, they must depend upon their
own
abilities, talents, sense, and judgment. They may
not
always end up the winner, but the fact that one may
be
worsted by another, of itself, furnishes nc cause
of
complaint. Courts operate not because one person has been
defeated or overcome by another, but because he has been
defeated or overcome illegally.
B.
d.
account of his
Vexing or humiliating another on
place of birth,
religious befiefs, lowly station in life,
n.
physical defect, or other personal conditio
Notes:
i.
or analogous acts. Thus, Art. 26
insulting, humiliating, scandalous
THOUGHTLESS EXTRAVAGANCE: Thoughtless extravagance
in expenses for pleasure or display during a period of acute
public want or emergency may be stopped by order of the
C.
government
or
RESPECT FOR DIGNITY AND PRIVACY OF PERSONS
1.
Every person shall respect the dignity, personality, privacy
and peace of mind of his neighbors and other persons. (Art.
26)
2. The. following and similar acts, though they may pot
id
constitute a criminal offense, shall produ
action for damages, prevention and other reli: (Ast
26) of
a’
Prying into the privacy of another's residence;
b.
Meddling with cr disturbing the private life or family
relations of another;
¢.
Intriguing to cause another to be alienated from his
.
is
A limited intrusion into a person's privacy
figure and
permissible when that person is a public
him or
from
the information sought to be elicited
of a
to be published about him constitute marters
public character.®
by his
(1) A public figure is a person who,
or
accomplishments, fame, or mode of living,
by adopting a profession or calling which gives
the public a legitimate interest in his doings,
a
his affairs, and his character, has become
public personage.’
(2) Example: Juan Ponce Enrile failed to block the
use of his name or picture in a film about the
1986 EDSA Revolution where he played an
important part. Enrile was a public figure. His
a
inclusion in the film was necessary to give
sruthful historical account and 107the film would
sp
:
:
.
not intrude into his private life.
friends;
104 Concepcion v. CA, GR. No. 120706, January 31,2000.
}
89, 7&7
or Vales 47 v.(1067,Vil 35 Phil.il. 7769,
757.788 (1916). See also Sanchez. Court of Appeals, 279
SCRA
G.R. No. 82380, April 29, 1988.
Li. v. Caption,
Productions Py. Ltd.
15 Ayer Productions
No. 82380, Apri 29, 1588.
G.R.
Capuiong,
v.
Pty.
105 Ayar
82380, April 29, 1988.
107 Ayer Productions Pty. Ltd. v. Capulong, G.R. No,
31
0
may cover
or abusive
language.’
ii.
cons. (Art 29)
The injunction may be sought by any
private charitable institution. (Art. 25)
e but are
~The foregoing violations are not exclusiv
similar
merely examples and do not prectude other
Pe
titor uses
Competition becomes “unfai. r” whena.the compe
er
any o
“force, intimidation, deceit, machination or
(3) However, being public figure does not destro
y
@ person's right to privacy.
Thus, even a
public figure may object to a “fictional or
novelized” or “romanticized” representation of
himself,'%®
D.
REFUSAL OR NEGLECT TO Do OFFICIAL DUTY
1.
Any person suffering material or moral loss because
a
public servant or employee refuses or neglects, without
just
cause, to perform his official duty may file an action for
- damages and other relief against the latter. (Art. 27)
-
unjust, oppressive or highhanded method.”
F.
VIOLATION OF CONSTITUTIONAL RIGHTS
1.
any
Violative Acts. Any public officer or employee, or
private
directly
who
or
indirectly
obstructs,
defeats, violates or in any manner impedes or impairs an
‘of the following rights and liberties of another person she!
‘be liable to the latter for damages: (Art. 32)
Freedom of religion;
This remedy is without prejudice to any disciplinary
administrative action that may be taken, (Art. 27)
Freedom of speech;
~ b.
Freedom
c.
or fails to render aid or protection to any person in case
of
danger to life or property — (a) such peace officer shall
be
primarily liable for damages, and (b) the city
or
municipality shall be subsidiarily responsible therefor, (Art.
to
for
write
the
press
or to mamtam
&
periodical publication;
"When a member of a cify or municipal police force refuses
d.
Freedom from arbitrary or iflegal detention;
e.
Freedom of suffrage;
f.
The right against deprivation of property without due
process of law;
The civil action shall be independent of any criminal
proceedings, and a preponderance of evidence shall
suffice to support such action, (Art. 34)
g.
The right to a just compensation when private property
is taken for public use;
h.
The right to the equal protection of the Jaws;
UNFAIR COMPETITION: Unfair competition in agricul
tural,
commercial or industria) enterprises or in. labor throug
h the use
of force, intimidation, deceit, machination or any
other unjust,
oppressive or highhanded method shall give rise
to a right of
action by the person who thereby suffers damage. (Art.
28)
i.
The right to be secure in one's person, house, papers,
34)
E.
individual,
and effects against unreasonable searches and seizures;
j.
The liberty of abode and of changing Lic same;
k.
The privacy of communication and correspondence;
I.
The right to become a member of associations
societies for purposes not contrary to law;
or
m.
The
assembly
to
right to take
part in a peaceable
petition the Government for redress of grievances,
0% {egunzad v, Vda, De Gonzaies, GR, No, L-32068, August
6, 1978,
32
33
n.
of the Penal Code or other
omission ¢ onstitutes a violation
. penal statute. (Art. 32)
The right to be free from involuntary servitude
in any
form;
0.
p.
The right of the accused against excessive
bail;
The right of the accused to be heard by himse
lf and
counsel, to be informed of the nature and
cause of the
accusation against him, to have a speedy
and public
trial, to meet the witnesses faze Jo face,
and to have
compulsory process to secure the attendance of
witness
in his behalf:
q.
Freedom from being compelled to be a witne
ss against
one's self, or from being forced to confess guilt,
or
from being induced by a promise of immun
ity or
reward to make such confession, except when
the
person confessing becomes a State witness;
r.
s.
Freedom from excessive fines, or cruel and
unusual
punishment, unless the same is impaosed or inflic
ted in
accordance with a statute which has not been judici
ally
declared unconstitutional; and
Freedom of access to the courts.
Independent Civil Action. In
in Art. 32, whether or not the
constitutes a criminal offense,
right to commence an entirely
any of the cases referrad to
defendant's act or omission
the aggrieved party has a
separate and distinct civil
G.
ARISING FROM C RIME
ACTION FOR CIVIL LIABILITY
100 hlof
: e. Under A . be
Crim
Civil Liability Arising From
e
vi
on on "a
the Revised Penal Code, every pers
o
is also civilly liable. The ivi
all damages
e
the defendant shall be liabl for
mes
of the° act
!
consequences
hich are the natural and pro bable
It is not necessary
omissi n complained of (Art. 2202)
ot
~ have
or could
such damages have been foreseen
thatwach
Sat
defendant. (Art. 2202)
reasonably been foreseen by the
.
action for the civil liability
However, as a rule, the civil
den f° on the criminal
arising from crime 1s “depen
“independent civil
action (as distinguished from
actions”, infra).
Thus,
$d
the civil
action
is deemed
-
’
.
instituted with
»
-
party
criminal action, unless the offended
the
0
Waives the civil action; or
“i
il.
ii.
civil action
Reserves the right to institute the
separately;
action for damages, and for other relief, Such
civil action
ot be filed
But the separate civil action cann
the criminal
until final judgment is entered in
preponderance of evidence, (Art. 32)
action.
shall proceed independently of any criminal prose
cution (if
the latter be instituted), and may be prove
d by a
Moral and Exemplary Damages. The
indemnity shall
include moral damages. Exemplary damages
may also be
adjudicated. (Art, 32)
Judges Not Covered. The responsibility set
forth in Art,
32 is not demandable from a Judge wumless his
act or
34
iii.
Institutes
action.
110
the
civil
ion 1(a).
109 Rules of Court, Rule 111, Section
110 Rules of Court, Rule 111, Section 2.
35
iminal
actii on prioi r 10 the crimi
-
Thus, the civil Liability will normaily be decided in
the same judgment of conviction or acquittal.
"But the civil action is suspended until final
judgment is rendered in the criminal action."!
2.
Preponderance of Evidence. Civil liabil
ity arising from
crime may be proved by preponderance of
evidence. (Arts.
29, 30, 32, 33, 35) Proof beyond reasonable
doubt is not
required. Thus —
8.
Acquittal based on reasonable doubt does not precl
ude
a civil action for liability arising from the crime.
It is
possible that an accused who is acquitted becaus
e of
reasonable doubt may nonetheless be held liable
civilly
based on preponderance of evidence. (Arts, 29,
30)
I
b.
Absence of criminal proceedings does not preclude a
civil action for liability arising from the crime. (Art.
30}
c.
criminal
institute
to
refusal
prosecutor's
The
e a
preclua
proceedings {file an information) does not
civil action for liability arising from the crime.
Under Art. 35, in case of a crime, the injured party
may bring a civil action for damages; against the
if the mvestigating
even
alleged offender,
prosecutor/judge finds no probable cause agains
the alleged offender and refuses to file an
information against him.
-
Art. 29 provides that when the accused in
a
criminal prosecution is acquitted on the groun
d of
reasonable doubt, a civil action for damages for
the
same act or omission may be instituted.
-
- + In the judgment of acqujttal, the court should
declare if it is based upon reasonable doubt. In
the absence of such declaration, it may be
inferred from the text of the decision. (Art. 29)
-
Upon
motion,
the
court
-
may
require
the
plaintiff to file a bond to answer for damages
in case the complaint should be found to be
malicious. (Art. 29)
ii.
Note that the filing of a separate civil action
is
possible only: (a) if such civil action was reserved,
or (b) if such civil action was filed before
the
criminal action.
Otherwise, the civil action is
deemed
instituted with the criminal action.'"?
"1 Rules of Court, Rule 1117, Saction 2.
Upon motion, the court may require the
plaintiff to file a bond to indemnify the
defendant in case the complaint should be
found to be malicious. (Ast. 35)
If during the pendency of the civil action, an
information should be presented by the prosecutor,
the civil action shall be suspended until the
. termination of the criminal proceedings. (Art. 35)
In the following rss
Independent Civil Action.
file a
party may
offended
provided by the Civil Code, the
proces
shall
which
action,
civil
independent
only
require
shall
and
action
independently of the criminal
:
a preponderance of evidence
13 Rules of Court, Rule 111; Section 1{a).
114 See also Rules of Court, Rule 111, Section 3.
"2 Rules of Court, Rule 171, S55. 1(a).
36
37
lid,
2.
Civil action based on an obligation not arising from
the
crime. (Art. 31)
-
E.g., acivil action for breach of contract of deposit
which is independent of a criminal actio
n for
estafa,1’
.
:
¢.
Defamation, fraud and physical injuries. (Art. 33)
“Physical injuries” is used in the generic sense. It
is not limited to the crime of physical injuries, but
i
0 es homic
includ
ide (whether attempted, frustrated
decided before any
.
The previously instituted civil action involves an issue
similar or intimately related to the issue raised in the
subsequent criminal action, and
b.
The resolution of such issue determines whether or not
.
the criminal action may proceed.
Failure of a policeman or peace officer to render aid
or
protection to any person in case of danger to
life or
property. (Art. 34)
=
The peace officer is primarily liable for damages,
and the city or municipality is subsidiarily liable.
(Art. 34)
Note:
The civil actions based on the foregoing are not
deemed instituted in the criminal action,” Thus, they
may be filed separately without need of reservation
in
the criminal action.
No Double Recovery.
In no cage (even in independent
civil actions) thay the offended party recover damag
es
twice for the same act or omission Gharged in the
criminal
action.!'®
W153 Tolenting 127.
.
"6 Carandang vs. Santiago, 27 Phil. 94; Madeja v. Caro,
G.R, No. L-51 183, December 21, 1983.
7 See Rules of Court, Rule 14% , Section 1,
118 See Rules of Court, Rule 4° 1, Section 3,
118
a.
or consummated).!¢
4.
be
criminal prosecution may be instituted or may proceed,
les of Court. (Art. 36)
shall be governed by ¢ the Rules
.
Violation of constitutional rights. (Art. 32)
d.
t be
The elements of a prejudicial question are:
b.
-
Lo
5. Prejudicial Questions, which must
#19 Rules of Court, Rule 111, Section 7.
18
39
for the holding
It is a passive condition, the aptitude
for
and enjoyment of rights. It is essentially the same
-
Chapter 3
Persons
IL.
all persons.’
with legal
Capacity to act, which is the power to do acts
term is
The
37)
effect, is acquired and may be lost. (At.
often shortened to merely “capacity.”
2.
GENERAL PROVISIONS
PERSON
A.
1.
has
Capacity to act is presumed of every person who
ble.'”
not been previously declared to be incapa
)
Classes. There are two classes of persons:
a.
Natural persons — human beings;
b.
Juridical persons — entities formed by association
of
human beings (such as corporations and partnerships
)
They are artificial and intangible entities which
are
considered persons only by recognition of law.
© ratsthat allbef
Note
human beings 8 /S a are person
pel s, but2 not all persons
CAPACITY, IN GENERAL: Capacity
i has two aspects: juridical
etity and
capac
co
capacity to act. The union
uni of these two forms the
Loss or restriction of
necessarily mean loss
.
C.
CAPACITY TO ACT
Act. The
Restrictions or Limitations on Capacity to
limit
following circumstances, among others, modify or
capacity to act: (Arts. 38, 39)
a.
40
at
Age (minority) — the age of majority commences
RA
by
ed
amend
as
the age of 18 years. (Art. 234, FC,
6809)
Juridical capacity, which is the fitness to be the subjec
t of
legal relations, is inherent in every natural person
nd i
lost only through death. (Art. 37) The term is synon;
.
with “personality” or “legal capacity”.
yew
2] Tolentini o 153, » citingGing Sanchez
Sanchez
;Roman and Plani
i
120] Tolentino 156, citing Bonet.
oni & Ripert
capacity to act does not
of restriction of juridical
capacity.
1.
1.
-
rights. It varies in degrec from person to person; some
may have limited capacity to act, others may have full.
;
eons or of being the subject of legal
rights and obligati
B.
of
Tt is an active condition, the aptitude for the exercise
Definition. A person is any being or entity suscep
tible of
relation
2.
_
i.
A person 18 years cld and above is “qualified and
responsible for all acts of civil life, save the
exceptions established by lawl.”
122 | Tolentino 158.
122 Standard Off Co. v. Codina Arenas, 19 Phil. 363 (1911).
41
-
Example
of
exception:
Marriage
parental consent until the age of 21, (Art.
236,
A
minor
(near
the
adult
age)
who
misrepresented that he was of legal age may be
deemed
estopped
to deny his lack of
This doctrine, however, has been
or reclusion temporal'™
~ that he cannot be bound by his contracts.'2*
Insanity —
ii.
means complete deprivation of reason or
deaf-mute
1s
1327)
It deprives the offen or
1327) or make a will (Art. 798),
, and fessen
Prodigality — a disposition to spend, waste
expose he
the estate to such an extent as 18 likely to
Sanity is presumed of every person who has not
of their undisposable part.cf the estate.
An insane person cannot enter into contracts (Art.
family to want of support, or to deprive the forced
been previously declared to be insane,
Such
presumption continues until the contrary is proven
,
that is, until it is shown that, at the moment
of
acting, the person in question was actually insane
s
can only
guardianship,””’ in which . case the ward
ie
.
rtie
enter into contracts or dispose of his prope
through his guardian.”
mind.
JImbecility — mental deficiency.
g.
124 Mercado v. Espiritu, 37 Phil, 215 (1917); Suan v.
Alcantara, 85 Phil. 669
(1950).
1%), Padilla, concurring, in Suan v. Alcantara, 85 Phil. 658
(1050). J. Padilla cited Young vs,
Tecson, 39 0.6. 953.
‘
)
128 See People v. Austria, G.R, Nos. 111517-19, July 31,
1996.
17 Standard Oil Co. v. Godina Arenas, 18 Phil, 363 {1911).
42
heirs
ty.
Prodigality, by itself, does mot restrict capaci
under
But it can be a ground for putting a person
-
or out of his mind.
¢.
2
(1) paren
(during the time of his sentence) of:
(3) the
rity,
autho
al
marit
authority or guardianship, (2)
to
right
the
right to manage his property and (4)
dispose of his property inter vivos.
intelligence or power to discern, '*
i.
—
diction 18
Penalty (civil interdiction) — Civil inter
ns who Je
accessory penalty imposed on perso
sion perp a
sentenced to a principal penalty or reclu
e.
criticized on the ground that a minor cannot be
bound by his representations in the same way
b.
deafmute
mute
A deaf-mute may make 2 will The deafi
do
to
able
if
will,
testator must personally read the
to
ns
so: otherwise, he shall designate two perso
contents
read it and communicate to him the
thereof. (Art. 807)
-
contracts (Art. 1327) or make a will (Art. 797).
capacity.”
a
know how to write. {Art.
A person below 18 years old is a minor and
has
limited capacity to act. He cannot enter
into
-
being
if he does not
incapacitated to enter into contracts
FC, as amended by RA £409)
ii.
of
State
d.
requires
ndan® i
Family relations — Examples: (1) Asce
collatera
and
s,
descendants, brothers and sister
128 Ravised Penal Code, Art. 41.
129 Revieed Penal Code, AL, 2 (502)
130
Martinez
v. Martinez, 1
Phil. 182 (1902).
Rule 92, Section 2.
13 Rotoe of Court Rule 93, Section 1, in relation to
132 Rules of Court, Rule 96.
”
|
relatives with in the fourth civil degree, cannot validl
y
inherit
affected by their incapacity, such as the right to
marry each «ther; (2) Husband and wife canno
t give
donations to each other (Art. 87, FC) or
sell property
to each other (Art. 1490).
bh.
certain percentage
of ownership'®
are governed in the Civil Code,
limited on account |
i
|
”
Insolve
— ncy
Under the Insolvency Law,
a debtor who
x
has been found insolvent cannot dispose
of hig
-
b.
Political
opinion
inion
iti
¢.
Sex.
(Art. 39),) or
Art. 39 provides that 2 married woman
qualified
li
for all acts ; of civil
life, except
is
in cases
Tl. NATURAL PERSONS
Rights and Obligations. Restrictions on capac
ity to act do
not exempt the incapacitated person from
certain
obligations, as when the latter arise from his
acts or from
property relations, such as easements. (Art. 38)
-
of:
specified by law.
property or receive payments.!*
2.
A
Capacity
a. - Religious belief (Art. 39), or
Absence | — The absence of a person may
be a ground
for the judicial appointment of a representative, (Art,
k. Trusteeship.
other codes, the Rules of
Court, and in special laws.
.
No Effect on Copuctty to Act.
(such as public
judici
Jo
Governing Law. The consequences of these circumstances
Alienage — Examples.
(1) Aliens cannot own land in
the Philippines,'®* (2) Aliens cannot own certain
businesses like mass ih
or are restricted to 2
utilities).
"i
or to support.
Note that restrictions in capacity to act generally
affect
obligations arising from contracts; as a rule,
they do
not affect obligations arising from other sourc
es such
as law, quasi-contract, crime or quasi-delict.
In the same way that incapacitated persons may
have
en
Tm
3 Constitution, Ad, XN, Section 3.
13 Constitution, Art. XVI, Section; 11.
13 Constitution, Att XII, Sections 2 and 11
136 See Act No. 1956. Ses also Rules or, Corporate Rehabili
tation,
“4
eh
we no
A.
B.
are
CONCEPT: Natural persons refer to human beings; they
persons
considered persons by nature (as opposed to juridical
which are considered persons artificially).
START OF I'ERSONALITY
1.
Birth determines personality. (Art. 40)
But the conceived child shall be considered born for all
purposes that are favorable to it, provided it be born
later with the conditions specified in Art. 41. (Art. 40)
i.
A conceived child, although as yet unbam, is given
by law a provisional personality of its own for all
purposes favorable to it (provided that the child be
bom later). Thus —
45
ET TRL SETS Be Peder
(1J a conceived child may receive donations
(Art.
C.
RIN PAN
742)
(2) a cenceived child may inherit or succeed (Art.
nm
1
1025), and his omission from a will may lead
1.
i. personality.ity, { (Art.
Death extinguishes civil
the deceased is determined by law, by contract and by
(3) a conceived child isi entitled to support.”
42) Bap
wil.i (Art LAE
An aborted fetus is considered never to have
been
born. It has no personality. Thus, no cause
of
action can accrue to the aborted fetus
or,
derivatively, to its parents!
(However, the
parents may recover damages for the
injury
i,
Agency
les:
is extinguished by
death
the
of the
. principal or agent. (Art, 1919)
ii.
directly inflicted on them."%)
2.
42 )
igatiions © 1
and obligat
i
the rights
up
death upon
The effect of death
a,
to preterition (Art. 854);
ii.
END OF PERSONALITY
Partnership is dissolved by the death of a partner.
(Art. 1830)
by
the
death
of the
Determination of Birth. What is birth for civil purposes:
iit. Usufruct is extinguished
usufructv
c ary. . ( (Art. 603)
a.
iv Criminal iiability is extinguished by the death of
|
If the fetus had an intra-uterine life of seven
months or
more— it is considered born if it is alive at
the time it
is completely delivered from the mother's wemb
. (Art.
the offender."
-
0
-
b.
oo
The fetus is still consi.dered bom
birth, it lives only for an instant.
womb. (Art.
-
civil liability arising from the crime is
inguished."*"
even if, after
If the fetus had an intra-uterine Jife of less
than seven
months — it is deemed bom if it survives
for at least
24 hours er ls complete delivery from
the maternal
41)
Ifthe offender dies before a final judgment, the
.
extinguis
But the civil liability from
other sources
of
obligation or based on an ind~pendent civil
:
:
142
action survives.
b.
Since juridical personality is lost through death
, a dead
litigant cannot be served with summons.
If the fetus dies within 24 hours from delive
ry, it is
not considered born.
The cause of death is
immaterial,
“¢ Revised Penal Code, Art. 83.
37 Camiguing v. Ica, G.R. No. L-26795, July 31, 1970.
1% Geluz v. CA, 2 SCRA 801 {1981).
18% Geluz v. CA, 2 SCRA 801 (981)
1 Rules of Court, Rule 111, octon .
CA. GR.
v.
Ching
ourt, Rule 111, Section 4.
42
Ching v. CA,
0 Ppt Quality Plastic Products, Inc., G.R. No. L-27956, April 30, 1976;
No. 59731, January 11, 1990.
46
.
2.
Order of Death,
a.
(4) If both be over 15 and under 60, and the sex be
For purposes of succession — If
between two or more persons
succeed each other, as to which
whoever allejes the death of one
shall prove the same. (Art. 43)
different, the male is deemed to have survived;
there is a doubt, as
who are called to
of them died first
prior to the other,
oT
if the sex be the same, the older;
: (5) If one be under 15 or over 60, and the other
between those -ages, the latter is deemed to
have survived.
In the absence of proof, it is presumed
that they
died at the same time and there shall
be no
transmission of rights from one to the other
(Art.
43)
b.
In case of death under ordinary circumstances —
apply Art. 43 by analogy.
oo
11. JURIDICAL PERSONS
For purposes other than Succession —
i
ii.
In case of death in a calamity
perish in the same calamity,
or conflagration, and it is not
and there are no particular
which it can be inferred,
— when two persons
such as wreck, battle
shown who died first
circumstances from
the survivorship is
A.
CONCEPT: Juridical persons are entities formed by association
of human being (such as corporations and partnerships). They
are artificial and intangible entities which are considered
persons only by recognition of law.
-
determined from the probabilities resulting
from
the strength and age of the sexes, according
to the
following rules'*:
(1) If both were under the age of 15
years,
older is deemed to have survived;
A typical example of a juridical person
defined as an artificial being created by
having the right of succession and the
and properties expressly authorized by
its existence.’
the
(2) If both were above the age of 60,
the younger
1s deemed to have survived;
(3) If one is under 15 and the other above
60, the
former is deemed to have survived;
B.
CLASSES
OF
PERSONS:
JURIDICAL
following
1.
The State and its political subdivisions; (Art. 44)
2.
Other corporations, institutions and entities
interest or purpose, created by law; (Art. 44)
are
for public
Their personality begins as scon as they have been
constituted according to law. (Art. 44)
145 Corporation Code, Section 2,
48
The
juridical persons:
a.
144 Ruie 131, Section 3().
is a corporation,
operation of law,
powers, attributes
law or incident to
49
b.
3.
Classes (1) and (2) are governed by the laws
creating
or recognizing them. (Art. 45) Such laws are
usually
referred to as their charters.
C. RIGHTS AND PROPERTIES
1.
Corporations, partnerships and associations
for private
interest or purpcse to which the law grants
a juridical
personality. (Art. 44)
a.
2.
Their personality is separate and distinct from that
of
each shareholder, partner or member. (Art. 44)
-
ther
tions nd oe
institut
Upon the dissolution of corporatioi ns, imsti
:
fo
buted as
entities, their property and assets are distri
“it
Read — Ibtheir
Public corporations (under Ar
: be
roperty and other assets s hall
them. (Art. 47)
creating
Pence of law or the charter
a.
a
But this separate and distinct personality
of a
corporation is merely a fiction created by law for
convenience
possess propery of
Juridical persons may: (a) acquire and
{c) ring civil or
all kinds, (b) incur obligations, and
la
with the
criminal actions, in conformity
46}
regulations of their organization. (Art.
and to promote justice. So, when the
-
notion of separate juridical personality is used
to
defeat public convenience, justify wrong, protec
t
fraud or defend crime, or is used as a device
to
defeat the labor laws, this separate personalit
y of
the corporation may be disregarded or the veil
of
the same. (Art. 47)
corporate fiction pierced,
b.
This is true likewise when the corporation
js
merely an adjunct, a business conduit or an
alter
ego of another corporation.'"’
b.
Private corporations are regulated by laws
of general
application on the subject (Art. 45),
ie, the
Corporation Code.
Partnerships and associations: for private
interest or
purpose are governed by the provisions
of the Civil
Code concerning partnerships. (Art. 45)
148 Concept Builders, Inc. v. NLR GC, G.R. No. 108734, May
29, 1996, 257 SCRA 149, 157-158,
47 Concept Builders, Inc. v, NL RC, GR. No. 108734
, May 29, 1996, 257 SCRA 149, 157-159,
50
ne
If nothing has been specified on this point,
er
simil
to
ed
appli
be
shall
property and other assets
:
n
provi
n,
purposes for the benefit of the regio
0
city or municipality which during the exisence
from
its
benef
ipal
princ
the institution derived the
— their
Private corporations (under Art. 44, par. 3)
(after
property are distributed to the stockholders
payment of debts).
IV. CITIZENSHIP AND DOMICILE
A.
n of ne
WHO ARE CITIZENS: Art. 48 provides an enumeratio
it ns of the Philippine: s, based on a similar
re consiidered citize
m effect wher
provision of the 1935 Constitution, which was
The 1935 Constitution
the Civil Code was enacted.
s.
already been superseded by subsequent Constitution
14 See Corporation Code, Section 122.
51
The present 1987 Constitution provides that
the fol) owing are
Ll.
An illegitimate child of a Filipino father and a foreign
b.
citizens of the Philippines!®:
mother is still considered a Filipino.""*
not provide for a distinction based on legitimacy.
Those who are citizens of the Philippi
nes at the time of
the adoption of the 1987 Constitu
tion (February 2,
1987);
. Those born before January 17, 1973, of Filipino mothers,
who elect Philippine citizenship upon reaching the age o
majority; and
3.
For those born before the 1987 Constitution,
reference
must be made to the earlier Constitutions
(such as the
The 1935 Constitution required election of Filipino
citizenship for those born of Filipino mothers. hs
requitement was removed on January 17,1973 Na €
effectivity of the 1973 Constitution. Thus, those on
on or after January 17, 1973 of Filipino mathers peed
not elect Filipino citizenship for them to be considers
-
1935" and 17315 Constitutions) under which
they
were born.
2.
Those whose
Philippines;
8.
fathers
or
mothers
are
citizens
:
of the
Filipino citizens.
The Philippines generally follows the princ
iple of Jus
sanguinis {citizenship based on blood relat
ionship), as
opposed to jus sofi (citizenship based on
place of
birth). Thus, a chiid of a Filipino father
or mother is
considered a Filipino regardless of his or
her place of
birth,
4.
“(1)
Those who ars citizens of the Phi lippine Istands
at the time of the adoption of this
Constitution,
"(2) Those born in the Philippine Islands of foreign
parents who, before the adoption of
this Constitution, had been elacted to public office in
the Philippine sands,
(3) Those whose fathers are citizens of the Philipp
ines.
"(4} Thosa whose mothers are citizens of the Philipp
ines and, upon reaching the age of
majority, elect Philippine citizenship.
“(8) Those who are naturalized in accordance
with law.”
18! The 7973 Constitution (Article 1, Section 1
} provides that the following are citizens of the
Philippines —
"(1) Those who are cifizens of the Philippines at
the time of the adoption of this
Constitution,
“(2)
“(3)
“(4)
Those whose fathers znd mothers are citizens of thas Philippi
nes.
Those who are naturalized in accordance with law.
Naturalization and the loss and reacquisition of
citizenship of the Philippines are governed by special
laws. (Art. 49)
-
B.
43 1987 Constitution, Article IV, Section 1,
18 The 7935. Constitution (Article IV, Section 1) provid
es that the following are citizens of the
Philippines —
DOMICILE
1.
What is domicile.
a.
For natural persons — For the exercise of civil rights
and the fulfillment of civil obligations, the domicile of
natural persons is the place of their habitual residence.
(Art. 50)
b.
For juridical persons — {i} The domicile is that fixed
by the law creating or recognizing them; C) ne .
absence of a specific legal provision, the domicile shal
be the place where their legal representation is
Those who elect Philicgine citizenship pursuant
to the provisions of the Constitution of
nineteen hundred an
irty-five,
Those who are ratvra’zad in accordance with law.”
52
The law does
12 Tecson v, COMELEC, 424 SCRA 277 (2004).
53
|
tiojon to
i
i an inten
presence ir a given place coupled with
157
:
remain and retumn there.
established or where they exercise their principal .
functions, (Art. 51)
-
-
For private
corporations,
the domicile
(or
residence, for purposes of venue) is the place
of
their principal effice as indicated in their articles
of
3.
A
a.
incorporation.
2,
Principles involving domicile and residence,
somewhere.
Distinguished from residence. Residence is
limited to
physical presence in a given place. Domicile is
physical
presence coupled -vith an intention to stay there
(animo
b.
Put otherwise, residence is used to indicate a place of
abode, whether permanent or temporary; domicile
denotes a fixed permanent residence to which, when
absent, one has the intention of returning (animo
d.
The distinction is important for certain purposes.
Thus, e.g, for purposes of venue of actions, what is
determinative is the actual residense of the parties (not
e.
revertend).\>
b.
have
a
residence
or
domicile
p place and a
A person may have 2 resii dence in one
domicile in another.
considered to
A person's domicile, once established, is
until a new one is
continue and will not be deemed lost
established.'®’
their domicile).'*
¢.
must
158
one and ne
A person can have only one domicile for
severa
same purpose at any time, but he may have
Br)
160
places of residence.
* manendi) or make it one’s domicile.!™
a.
person
must prove 2
To effect a change of domicile, a person
r domicile
bona fide intention of abandoning the forme
acts whic
and establishing a new one and definite
correspond with the purpose.’
8
For other purposes, such as in election law, the terms
residence and domicile are used synonymously., Thus,
the “residence” requirement for electoral candidates is
“equivalent
to
domicile,
ie.,
there
must
be
personal
183 Hyatt Eievators and Escalators Corporation v. Goldstar Elevators
Phils., Inc, G.R. No.
161026, October 24, 2005.
15 Uytengsu v. Republic, 95 Phil. 890 (1954); Saludo v. American
Express Intemational, Inc.,
G.R. No. 159607, April 19, 2006, 487 SCRA 462, 480-481.
)
155 Uytengsu v. Republic, 85 Phil. 330 (1954),
195 Koh v. CA, G.R. No. |-40426, Dacember 17, 1975, Ang Kek Chen
v. Sps. Calasan. G.R, No.
161685, July 24, 2007.
54.
cONELEs 34
A
229 {1990}; Coquilia Ayv.
il 453, 456 (1941); ; CaasiCa si v. CA, 19 1 SCRA
No, 181 097, June 25,
GR.
EC,
COMEL
v.
a
ions July 31, Soon Limbon
bona v. COMELEC, GR. No. 181097, June me24,
19 fing Kek Chen v. Sps. Calasan, G.R. No. 161685, July
207.
150 {ytengsu v. Republic, 95 Phil. 890 (1954).
G.R. No.
G.R. No. 134015, July 19, 1999; Limbona v. COMELEC,
:
161 Dorin v. COM ELEC,
»
1097, June 25, 2008.
in Aquino v. COMELEC, 318 Phi. 467 1985).
55
Title XIV — Absence; and
f
g.
Chapter 4
Introduction to Marriage
I.
B.
GOVERNING LAW
A.
THE FAMILY CODE:
”
relat
+] d
1.
subjects
18 the
Family
a -)
(a O
No.
209),
.
which
Examples of Retroactivity:
property
The provision of the Family Code on the
erous
adult
or
regime governing bigamous marriages
the
if
even
relationships (Art. 148, FC) govems
the Family
relationship started before the effectivity of
took:
The Family Code -epealed and superseded the following
Titles of Book I of the Civil Code (Art. 254, FC):
a.
The Family Code
RETROACTIVITY OF THE FAMILY Copg:
it does not prejudice or
shall have retroactive effect insofar as
dance with the Civil
impair vested or acquired rights in accor
Code or other laws. (Art. 256, FC)
The basic law on marriage, family and
r
(= ode
Title XVI Civil Register.
-
Code.'®
Title III - Marriage;
Title IV — Legal Separation;
Titl ey
-
Righ ts
and
Obi, i gations
Between
Code on
The liberalized provisions of the Family
applied
be
may
filiation
legitimate
pioving
Husband
retroactively.'®’
I
Title VII ~ The Family;
Title VIII — Paternity and Filiation:
aX
ote he ~ Property Relations Between Husband and
Title X1- Parental Authority; and
Title XV -- Emancipation and Age of Majority.
child is now
Under the Family Code, the illegitimate
ion by
also allowed to establish his illegitmate filiat
and
Court
of
Rules
“any other means allowed by the
ed
appli
This provision may be
special laws.”
Title IX ~ Support;
PAs
163
Examples of Non-Retroactivity:
The following Tittes of Book I of the Civil Code were
not
. repealed by the Family Code and remain in effect:
om
2.
retroactively.
Title
Title
Title
Title
Title
I - Civil Personality;
II — Citizenship and Domicile:
X — Funerals;
XII - Care and Education of Children:
XHI — Use of Surnames;
i
Memorandum Circular
N.
io,5 &3,a. Novemb
er 7, 1988, issued by Office of the President
56
establish
Under the Civil Code, an action to
the lifetime
illegitimate filiaticn may be brought during
at the
of the parent, except when the child is a minor
time of death of the parent.
1+ Atienza v.
& Const. Co.,
2003; Tumlos
165 Tecsan v.
Under the Family Code,
Francisco v. Master Iron Works
De Gastro, GR. No, 169698, November 29, 2006;
GR. No. 150811, June 10,
CA,
v.
Saquid
G.R. No. 151967, February 16, 2005;
2000.
12,
April
137650,
No.
GR.
sz,
v. Sps. Fernand
COMELEC, 424 SCRA 277 (2004).
v. CA, G.R. No, 124853,
16 Uyguangco v. CA, G.R. No. 76873, October 26, 1989; Jison
February 24, 1998.
57
such exception has been removed (if the basis
of the
action is secondary evidence}.
Such removal of
under the Family Code, as application of the latter will
be prejudicial to vested rights.'s?
A.
3 .
tt arrag ¢, 3
In
parties
C.
1 law
m
other
while
the
contracts,
duties
the
I x g hts
and
parties
“wo
are
freer
QO f th c
to fix
As
such,
iis
nature,
consequences,
and
2
is the
socia
incidents
i
-
.
and not subject to stipulation. (Art.
1,
FC)
a.
MARRIAGE AS A SPECIAL CONTRACT: Marri
age isa special
contract.” Tt is different from other contracts
in the following
b.
2
:
7 Bemabe v, Algjo, G.R, No. 140800, January
21, 2002. Ses also
fixe
1xXes
Marriage
MARRIAGE AS A SOCIAL INSTITUTION:
olable
invi
an
“foundation of the family” and
172
institution.” (Art. 1, FC'™)
a
1, FC).
Marriage is between one man and one
woman; other
contracts may be entered into by any number
of persons, of
the same or of different sex.
sc
the terms of their relations.
DEFINITION:
Marriage is a special contract of permanent
union between a mén and a woman entered
into in accordance
with law for the establishment of conjugal and
family life (Art.
1.
the
13%
governed by law,
respects:1®
be
not
oo
} mul tual
terminated
an adve nture but a
j
ed ) ‘not just
i
Marriage is consider
17
.
lifetime commitment.”
)
1.
IL NATURE OF MARRIAGE
ma’ y
b y
ed
i
terminat
be
(“permanent union”).
illegitimate children born before the Family Code.
'6?
A sale of cenjugal asset by one spouse
without the
consent of the other spouse would be voida
ble under
the Civil Cade but void under the Family Code.
If the
sale took place before the Family Code, then
it is
considered merely voidable, and is thus valid
until
attacked within the prescriptive period. It canno
t be
considered void (which may be attacked any
time)
marti age
enty
ag reement;
exception, however, does not apply to the
prejudice of
may
contracts 1
i r y
O rdina
2
: oss
i ry & niract
from ordina
i
This differentiates marriage
term
where the parties are free to stipulate the
conditions of their relations.
property
Exception: Marriage settlements may fix the
FC).
relations during the marriage (Art. 1,
the law
i
tance of marriage,
i
Because of the social impor
inin favor ofof» marriage.
tions
rovidi es for presumptions
and no
resumes morality, and not immorality; marriage,
concubinage; legitimacy, and not bastardy.
198 Villaranda v. Villarandz, G.B. No, 1 53447, Februar
y 23, 2004; Anza v. Spouses Padua, GR
No. 165420, Juns 30, 2005.
)
Republicic v.v Nolasco, 220 8 CRA 20, 29
11¢ See Goltia v. Campos-Rueda, 35 Phil. 252 (1918);
i v. Bayadog, 328 SCRA 122 (2000)0).
reartos v. CA, 310 Phil. 21, 41 (1895); Nifial
1 an z a4
Section
172 See also Constitulien, Article XV,
31, 1984.
October
61873,
No.
G.R.
o,
73 People v. Borrome
5
59
112193, March 13, 1998, and Tayagv. CA, 209 SCRA
665 (1992).
169 Tolentino 223.
’
Aruego v, CA, GR. No.
a.
Any doubt as to its validity is to be resolved in favor of
Examples:
its validity."
When a man induced a woman to resign from her
employment upon a promise to marry her, causing ber
.
177
to lose income.
Persons dwelling together in apparent matrimony are
presumed, in the absence of contrary evidence, to be in
fact married. The reason is that such is the common
order of society and if the parties were not what they
thus hold themselves out-as being, they would be living
When a man seduced a woman to have sex with hrm by
promising
in constant viclation of decency and of law.!”
When
had
no
to
the refusal to marry is attended by abuse of
a wedding, and after a long engagement.
GENERAL RULE: A promise of contract to marry is not
enforceable by specific performance, as consent to marriage
is
a personal act which must be purely voluntary.
Plaintiff may
aiso recover
property
advanced
unjust enrichment'® (Art. 22).
Damages may be recoverable based on tort or quasidelict, if the breach is attended by bad faith or abuse of
rights. Note that in this case, the action is not based purely
on the breach of the promise to marry.
1H Republic v. Court of Appeals, 335 Phil, 654 (1997); Paras v. Paras,
G.R, No. 147824, August
2, 2007.
18 Adong v. Cheong Seng Gee, 43 Phil. 43 (1922); Alavado v. City Govemmen
t of Tacloban,
138 SCRA 230 (1985); Mariatagui v. CA, G.R. No. 57062, January 24, 1992,
Co
1% Inson v. Belzuncs, 21 Phil. 342; Dalistan v. Armas, 32 Phil, 648; De Jesus
v. Syqula, 58 £hil.
858 (1833); Hermosisima v. CA, 109 Phil. 629 (1960); Estopa v. Piansay, 109
Phil, 640 ( 1360);
Galeng v. CA, GR. No. L-17243, Jz3wary 29, 1962, +
60
by him
upon the faith of such promise, based on the principle of
QUALIFICATION: In the following exceptional cases, damages
may be recovered:
l.
intention
rights, such as when it is made capriciously, just before
Likewise, breach of promise or contract to marry is not
actionable and does not give rise to liability for moral
damages. 176
B.
he
fulfill!
IIL. CONTRACT TO MARRY
A.
which
marriage
$17 Garcia v. Dal Rosario, 33 Phil. 189.
178
174
120
Baksh v, CA, G.R. No. 87336, February 19, 1293.
)
oo
| Tolentino 228-228, citing Gasper.
Domalagan v. Bolifer, 33 Phil. 474; Da Jesus v. Syquia, 58 Phil. 866 (1933)
61
impediment, like family
There should be no existing
iage. (Art. 5)
relations or subsisting prior marr
Chapter 5
Creation and Requisites
Under Art, 37 and 28, FC,
following persons are void:
of Marriage
Between
degree;
i.
I
REQUISITES, IN GENERAL
ascendants
and
between
the
descendants” ‘of
any
marriages
of the full or
Between brothers and sisters, whether
half blood.
whether
relatives,
collateral blood
iii. Between
the fourth civil
legitimate or illegitimate, up to
degree;
ii.
ge, ? to be valid
A marria
,
«a
provided in the
requisites
If any of the requisi
quisites
marriage will be void.
(
2
ha
Family pa of the essential and formal
must
(wheth:
senti
.
.
er essential or formal) is absent, the
-children;
iv. Between step-parents and step
dren-in-law,
v. Between parents-in-law and chil
hy
If
there »i Jofect or irregu
]
larity
ity in1 the requisies, the effect on th
poy of
e marriage will depend on whether the re
site
an essential or 1 rmal requisite: (a) if there is
defect in
an essent
ential
i
requisisiite, the marria
arr ge will be voidable; (b) if there is
the adopted child;
vi. Between the adopting parent and
of the adopting
vii. Between the surviving spouse
parent and the adopted child;
u
CL
irrégularity in a formal requisi
quistte, the validity of the marriage will
not be effected.
- TIAL
A. ESSENTI
REQUISITES:
ntial
requisites
As mentioned, absence of any of
will render the marriage void ( no
exception). A defect in an y of the essential
isi
render the marriage voidable. (Art, 4, FC)
resis
Th
1.
the adopted child
viii. Retween the surviving spouse of
and the adopter;
a legitimate child of
ix. Between an adopted child and
the adopter;
i
wil
x.
the intention to
xi. Between parties where one, with
on's spouse,
marry the other, killed that other pers
or his or her own spouse.
.
¢ following are the two essential requisites:
Legal capacity (Art, 2 [1], FC)
a.
'b.
Age — each party must be at least /8 years old. (Art.
_5,
Sex — the parties
parties must be a male and a Sfemale. (Art.
2HLFC)
62
same adopter; and
Between adopted children of the
2.
Consent (Att. 2[2], FC)
duress or fraud. (Art.
‘a.. Freely given — not vitiated by
2[2), in rel. to Arts. 45 and 46, FC)
63
-
(c) in the presence
they take each other husband and wife
If consent is given, but it is vitiated by duress or
(Arts. 3[3] and 6, FC)
of at least two witnesses of legal age.
fraud, the marriage is voidable. (Arts. 45 and 46,
FC)
-
ne
There must be a real intent to enter into marriage.
If consent is given by mistake as to the nature and
legal consequences af the ceremony (e.g., if a party
thought that the ceremony was merely in jest or
play-acting), or as 'to the identity of a party (e.g., if
a man erroneously marries the twin sister of his
fiancée), there is no consent to speak of and the
II. SOLEMNIZING OFFICER
A
MAY
WHO
marriages (Att. 7, FC) —
Any
1.
In the presence of the solemnizing officer - parties
must personally appear before the solemnizing officer.
FORMAL REQUISITES: As menticned, absence of any of the
formal requisites will generally render the marriage void (this
is subject to exception, in the case of the license requisite). But
mere irregularity in the formal requisites will not affect the
validity of the marriage. (Art. 4, FC)
However, the party
responsible for the iregularity is civilly, criminally and
b.
judiciary
the
within
an Trial
Judges of the Regional Trial Courts, Metropolit
Circuit
Courts, Municipal Trial Courts and Municipal
marriage
on is
Solemnization by a judge outside his jurisdicti
ity of
an irregularity which does not affect the valid
judge
the
renders
but
marriage,
the
The following are the three formal requisites:
administratively liable."*
Authority of the solemnizing officer. (Art. 3[1}, FC) Se
discussion, infra.
of the
solemnize
may
Trial Courts have authority to solemnize
within their respective jurisdiction.
administratively liable.
I.
member
following
of Appeals,
Justices of the Supreme Court, Court
als have
Appe
Tax
Sandiganbayan and Court of
part of the
authority to solemnize marriages in any
Philippines.'™
a.
B.
incumbent
The
court's jurisdiction;
marriage is void," (see Art. 35, par. 5, FC)
b.
SOLEMNIZE:
i
2.
A valid marriage license, subject to exceptions. (Art. 3[2],
FC) See discussion, infra,
3.
A marriage ceremony which takes place: (a) with the
. appearance
of the
contracting
parties
before
the
solemnizing officer and (b) their personal declaration that
2.
church or
Any priest, rabbi, imam, or minister of any
religious sect, provided that:
0. No.No. 125ici y, SC A.Q.
i e by Members of the Judiciar
12 Guidelines on the Solemnization of Marriag
2007, Section el
1ib).
ection
18
|
v. Daguman. AM. No, MTJ-93-1211,
184 Foy bok agtoy: 259 SCRA 129 (1996); Beso
January 28, 2000.
181 Toleniing 232.
64
65
The priest, etc. is duly authorized by his church or
a.
.
y
religious
b.
Cc.
the military unit is absent
The chaplain assigned to
(Art. 7{4], FC).
.
sect
and
acts
within
the
1 mi ts
of
su Cho h
€
Wr titen
the
consu! or vice-consul of
ad
abro
zens
citi
Filipino
Philippines, in marriages between
5. Any
The priest
ies , etc. isi regisi tered with the civil registrar
general; and
consul-general,
(Arts. 7[5} and 10, FC).
At least one o f the contractin. g partie. s belongs to the
A municipel or city may or!
6.
solemnizing officer's church or religious sect
B. EFFECT OF LACK OF AUTHORITY:
b.
The
FC);
marriagege 1sis ini artici ulo mortis; (Axts. 7[3] and 31,
4,
T
jae
i
,
. Jeween passengers or crew members
an
Th € marriiage is; performed while the ship is at sea
or
the plane is in fligh or d .
call (Art, 31, FO);
t,
uring stopovers at ports of
ilitarv
Any military commander of a unit, provided that:
"a.
,
FP
Th
FC);
i TeTieBe 1s in articulo mortis (Arts. 7[4] and 32
b. The marriagege isi
performed durin
(Art. 7[4], FC);
¢.
The
;
marnage
military
isp between
operation,
os
persons
whether
.
within
members
the zone
of
of the armed
’
The military comm and
:
.
.
III. MARRIAGE CEREMONY
A.
rite for
No prescribed form or religious
Form:
red. (Art. 6, FC)
solemnization of the marriage is requi
B.
—
REQUIREMENTS. It is necessary that
.
parties
appear personally
before
2.
husban
as husband
© er as
each other
take each
they take
that they
declare that
parties declare
The ¢ parties
3.
of at least two witnesses
The declaration be in-the presence
officer (Att. 6, FO);
and wife (Art. 6, FC); and
of legal age.
(Art
6, FC)
ents, the law does not allow
Because of the foregoing requirem
the following —
] and Sec. 4550} tivii].
15 Local Govenament Code, Sec. 444) ijfxvil
66
solemnizing
The
nder Is a commissioned officer
(Art. 32, FC); and
the
the
1.
& a military operation
forces or civilians (Art. 32, FC);
d.
parties beli
the legal authority to do so.
an + ILE
>
c.
Art. 35(2), FC,
not legally authorized to do
marriages solemnized by persons
ract ed with either or both
so are void, unless they were cont
g officer had
eving in good faith that the so lemnizin
3. | Any ship captainor airplane chief, provided that:
8.
Under
67
-
a.
“Common
live
together
as
husband
celebration of marriage’; or
b.
¢.
C.
retain the quadruplicate.
marriage was soiemnized; and (iii)
(Art. 23, FC)
7
Bu t
of marriage.
A marriage certificate is the bes? proof
law marriage” — when the parties simply
and
wife
without
the
“Marriage by proxy” - when the parties do not
personally appear before the solemnizing officer
but
are merely represented by other persons.
2.
and not a requisite.
it is merely an evidence of marriage
affected by ~
Thus, the validity of the marriage is not
)
3
The
marriage
shall be solemnized publicly in the
chambers of the judgs or in open court, in the church, chapel
or
to
The failure of the
certificate;'™
bh.
The failure of the solemnizing
copies of the marriage certificate;
“Secret marriage”,
VENUE:
parties
a
temple, or in the office of the consul-general, consul
or viceconsul, as the case may be. (Art, 8)
sign
marnage
the
to transmit
officer
or
e in the public
The absence of the marriage certificat
191
records.
Exceptions:
1. Marriage on the point of death or in articulo mortis
(Art. 8,
1.
FC);
Other
evidence
competent
may
be
ve
to ju rove
Led
presenicd
of wimesse :
marriage,’ e.g., testimony of the spouses
ren; wills or other
birth or baptismal certificates of the child
documents; photograpiis.
»
.
-.
i
2.
3.
D.
Marriage in remote places where there is no means
transportation (Art. 8, in rel. to Art, 29, FC); or
of
4.
Where both the parties requested the solemnizing officer in
writing, in which case the marriage may be solemnized at
the house or place designated by them in a sworn statement
, to that effect. (Art. 8, FC),
MARRIAGE
CERTIFICATE:
This
contains
the
There is a prima frie
Presumption of marriage.
:
ting thems
presumption that a man and a woman depor
wi have enters d into a legal contract 0
husbandd and and wife
marriage 192
This presumption may be rebutted only by
cogent proof to the contrary.
194
contracting
parties’ declaration that they take each other as husban
d and
wife. It is signed by the parties and their witnesses and attested
by the solemnizing officer (Art. 6, FC.
I.
The solemnizing officer must: (i) give the original marriage
certificate to the parties; (ii) send the duplicate and
triplicate to the local civil registrar of the place where the
#7 Kim Tanhu v. Remolete, 66 SCRA 425.
188 Dg Loria v. Felix, 550 0.G. 8118.
189 Je Loria v. Felix, 550 0.G. 8118.
190 pygada v. Trias, 4 Se ~
|
iv.
CA, 2
]
R
CA, 269 SCRA 250 (1997); Vda.
pian Yin 4 SCRA 849 (4962); Balogbog v.
]
72 {1986).
ANG pS
1% Enriquez v, Enviquez, & Fil. 585 (1907),
7
772 (1999)
ol Sec. Jaa). Vda. De Jacob v. CA, 312 SCRA
184 Alavado v. City Govemment, 133 SCRA 230.
68
69
Jaco
de
De
s of legal age,
ii. A sworn declaration of two witnesse
enship of
stating the full name, residence, and citiz
IV. LICENSE REQUISITE AND EXEMPTIONS
A.
the applicant and his/her parents, and the place and
ISSUANCE OF MARRIAGE LICENSE
date of birth of the applicant. (Art. 12)
ince of Issuance. A marriage license is issued by
the
1.
ocal civil registrar of the city or municipality where
either
contracting party habitually resides. (Art. 9, FC)
a,
not be required if:
invalidate the marriage.'”*
b.
v
ch does not
-
.
_
In marriages between Filipino
citizens abroad, the
marriage license is issued by a consular
i
Philippines. (Art. 10, FC)
een ote
Application. Each of the contracting parties shall file
separately a sworn application for a marriage license with
the proper local civil regigistrar, statini
i
information. (Art. 11, FC)
® specified personal
Verification of Age. Upon receipt of the application,
the
ocal civil registrar shall require the presentation of the
original birth certificates or, in default thereof
. the
baptismal certificates of the appli
;
d
or
nts,
pplica
:
copies thereof, (Art. 12, FC)
Current residence certificate, or
ii.
ng at
The local civil registrar shall, by merely looki
ring
appea
nally
the applicants upon their perso
of
before him, be convinced that either or both
them have the required age. (Art. 12)
contracting
Verification of Status. In case eitier of tic
shall be
ant
applic
the
parties has been previously marded,
smal
bapti
or
required to furnish (instead of the birth
certificate):
a.
uly certified
If the birth or baptismal certificate or duly certified
copy thereof is 1.ot available, 2 the appli cant m:
Ii thereof his: or her:
ay present
in lieu
EP
in
i.
nally
The parents of the applicants appear perso
the
to
before the local civil registrar and swear
s, as
correctness of the lawful age of said partie
stated in the application,or
i.
Issuance in a place other than the habitual residence of
.
is a mere irr egularity .
whi
3
.
either party
a.
shall
The presentation of birth or baptismal certificate
b.
b.
default
The death certificate of the deceased spouse (in
vit setting
thereof, the applicant shall make an affida
place of
and
forth his or her civil status and the date
death of his spouse), or
n of nullity of
Judicial decree of annulment, declaratio
marriage, ot absolute divorce. (Art. 13, FC)
or both
Legal Capacity of Foreigners. When either
y, they
countr
n
foreig
a
contracting parties are citizens of
to contract
must submit a certificate of legal capacity
or consular
marriage, issued by their respective diplomatic
lieu of a
in
shall,
officials. Stateless persons or refugees
g the
certificate of legal capacity, submit an affidavit statin
1% Mlcaniara v. Alcantara, G.R, Mo. 167746, August 28, 2007
70
71
circu
,
tances
mstan:
)
+
sh OW ng
th E11 iy capact
Pp
ty
ti 0
contrac
0
t
Nomcompliance
it.
marriage .
Legal capacity of a person is governed by his or her
national law (see Art. 15),
h would
advice is a mere irregularity whic
affect the validity of the marriage.
solemnize
to
i.
mi. Assuming
and the
parental
voidable.
the marriage license is somehow issued
marriage pushes through, the lack of
consent would render the maria :
(Art. 45[1], FC)
*
Parental Advice. If a contracting party is between 2! +
25 years old, he or she shall ask his or her parents :
guardian for adv'ce upon the intended marriage.
”
i
If such advice is not obtained or is unfavorable, the
marriage license shall not be issued until after
three months following the completion of the
publication of the application. (Art. 15, FC)
of
a government-accredited
the issuance of
If the certificate is not submitted,
ended for a
the marriage license shall be susp
on of the
period of 3 months from the completi
FC)
15,
publication of the application. (Art.
i.
Parental consent is not nece ssary where the
below 21 years old had already been emancipated
by a previous marriage (Art. 14, FC).
Without
Wi
the necessary parental consent, marriage
license should not be issued,
marriage,
marriage counsellor. (Art. 16, FC)
Parental Consent. If a contracting party is between 1&
o 21 years old, he or she shall present the consent of
is or her father, mother, surviving parent or guardian
a
or person
th having
aE legal charge ge of of hi him or her, ini the saidi
i.
y marriage
Noncompliance — lack of the necessar
h would not
counselling is a mere irregularity whic
affect the validity of the marriage.
ii.
prepare a notice
Publication. The local civil registrar shall
residences of the
which shall contain the full names and
the applications. The
applicants and other data given in
days outside the
notice shall be posted for 10 consecutive
notice shall request
office of the local civil registrar. The
any impediment to
all persons having any knowledge of
trar thereof. (Art.
the marriage to advise the local civil regis
17, FC)
-
which will not
Noncompliance is a mere irregularity
affect the validity of the marriage."
registrar knows or is
Impediments, In case the local civil
—
advised of any impediment to the marriage
28, 2007.
13 Alcantara v. Alcantara, G.R. No. 167746, August
72
not
e parental consent
Marriage Counselling. In cases wher
of the parties is
or advice is needed {i.e., at least one
shall undergo
es
between 18 to 25 years old), the parti
certificate to that
marriage counselling and present a
ster authorized
effect, issued by a priest, imam or mini
Parental Consent or Advice. If applicable, the party must
present proof of parental consent or ’ ~advi
marriage counseling.
oo md of
a.
— lack of the necessary parental
73
a.
B.
He shall note down the particulars thereof and his
findings thereon in the application. (Art. 18, FC)
‘He shall nonetheless issue the license after the period
of publication,
unless ordered otherwise by a
competent court at his own instance or that of an
interested party. (Art. 18, FC)
’
-
LICENSE REQUIREMENT
MARRIAGES EXEMPT FROM THE
nized
In the following instances, the marriage may be solem
without the necessity of a marriage license:
contracting
Articulo Mortis: Where either or both of the
in articulo
parties are at the point of death (marriages
survives.
ly
mortis), even if the ailing party subsequent
1.
{Art. 27, FC)
Note that the civil registrar may be placed in an
unusual position where he applies with the court to
party
The marrage remains valid even if the ailing
subsequently survives. (Art. 27, FC)
a.
issue a restraining order against himself,
9.
pes The local civil registrar shall require the payment
the fees prescribed by law or regulations before
issuance of the marriage license, but no other fee or
fo
shall be collect
i
i are exempted. (Art.
ec ed. Indigent
parties
vit that
The solemmizing officer shall state in an affida
and that
the marriage was performed in arficulo mortis
and
ages
the
ain
he took the necessary steps to ascert
ce
absen
relationship of the contracting parties and the
b.
of
the
tax
19,
of legal impediment to the marriage. (Art. 29, FC)
10. Issuance. The marriage license shall be issued after the
-
completion cf the period of publication (i.e., the 10-day
posting period). (Art. 17, FC)
the marriage.
c.
11. Validity, The license shall be valid in any part of the
Philippines for a period of 120 days from the date of issue
and shall be deemed automatically cancelled at the
expiration of said period, if unused. (Art. 20, FC)
7
-
Upon expiration, the marriage license becomes legally
non-existent. Marriage based on an expired marriage
license is void.'"’
74
be
may
mortis
in orticulo
marriages
Certain
a
or
pilot,
ne
airpla
solemnized by a ship captain or
see
military commander. (Arts. 31 and 32, FC,
discussion supra)
is so
Remote Location: If the residence of either party
enable
10
on
ortati
located that there is no means of transp
civil
such party to appear personally before the local
registrar (Art. 28, FC)
e.
197 | Tolentino 256, citing People v. Edeza, (C.A) 59 0.6. 562
But non-compliance will not affect the validity of
that
The solemnizing officer shall state in an affidavit
barrio
the
ying
specif
that the residence of either party,
of
or barangay, is so located that there is no means
transportation to enable such party to appear personally
the
before the local civil registrar and that he took
of
necessary steps to ascertain the ages and relationship
75
the contracting parties and the absence
impediment to the marriage. (Art, 29, FC)
-
3.
4.
4
a
.
the 5 years) an
in
with
time
any
at
ed
olv
party was inv
201
of legal
continuity (unbroken).
But non-compliance will not affect the validity of
the marriage.
the foregoing facts in
The contracting parties shall state
¢c.
an affidavit. (Art. 34, FC)
was ow
If the affidavit is false {¢.2. he
e the
habitation for at least 5 years »
Customary:
Marriages
among
Muslims
or among
members of the ethnic cultural communities, provided they
are solemnized in accordance with their ¢ustoms, rites
or
practices, (Art. 33, FC)
does not apply.
\
202
of license.
Cohabitation: Marriages between a man and a woman
who have lived together as husband and wife for af Jeast
5
Years and without any legal impediment to marr
- each
y
other. (Art. 34, FC) *
a.
d.
te:
Note
cohabitation."
Examples:
(1) From 1990
However,
to
in
1995,
X
1990-1991,
cohabited
X's
with
legal wife
sae under ous pu
The solemnizing officer shall also
ing
the con
qua lifications: of
he ascertaii ned the
ment to the marriage.
partis and found no legal impedi
this will not a
(Art. 34) But non-compliance with
the validity of the marriage.
There must be no legal impediment (e.g., prior
subsisting marriage) during the entire 5-year period of
-
lack
Thus, the marnage 18 void for
is actually not covered
If the marriage without license
m, the marnage
by any of the exemptions therefro
. 20
void.
Y.
was
still alive. Those years cannot be counted in
computing the 5-year period required for the
exception to apply.'”
(2) If a contracting party was below 18 years of
age during the 5-year period, the exception
does not apply.
b.
The 5-year period should be the years immediatel
y
before the day of the marriage and it should be a period
of cohabitation characterized by exclusivity (no third
ifial v. Bayadog, 328 SCRA 122 (2000).
v. Dayat,
No. 160172, Februa ry 13, 2008; Republic
” pir ehosy Aecidac-De Castro, G.R.
198 Nifial v. Bavadog, 328 SCRA 122 (2000).
1% Nifial v. Bayadog, 328 SCRA 122 (2000)
See Republic v. Dayot, G.R. Mo. 175581 , March 28,
2008,
76
OR
inai
v. e
T
i
a SoRA3
i ac-De Castro, GR. No. . 16 160172,
122 (2000); De Castro v. assid
February 13, 2008.
77
s (Art. 35{4)}, FC);
Bigamous or polygamous marriage
Chapter 6
Marriages With
conditions.”
Foreign Elements
I.
of one contracting
Marriages contracted through mistake
FC;
party as to the identity of the other (Art. 35(5],
MARRIAGES ABROAD
A.
The
GENERAL RULE:
es that all marriages
sclemnized outside be Philipines ’ i rovid
nce with the |
corda
aws
.
in: force in the coun
loci
(“lex
nized
solem
were
ey
th
celebrationis”), oatey where
the Philippines. (Art. 26
-
B.
:
:
Fami
FC)
as such, shall also be valid in
26, FC, is merely
Note that the validity referred to in Art.
extrinsic validity, ie, compliance with the formal
i
idity
requisites. Extrinsi
by the law of the
veld 1 governednis).
place of obo,
(See Art. 17
celebratio
loci
{lex
ation
:
rst par., CC)
FL CRPTIONS: By specific provision of Art. 26, FC, the
(o} lowing marriages are void, even if they are recognized as
valid in the foreign country where they are solemnized:
1.
Marriages where a contracting party is under 18 years old
(Art, 35[1], FC);
If the party under 18 years old is a foreigner, and he is
capacitated
marriage
to marry
may
be
under
recognized
his
national
as- valid
national law governs the status, , condititiion
of persons. (Art. 15, CC)
are allowed
This does not apply to Muslim males who
under certain
by Islamic Jaw to marry up to four wives
.
law,
here,
the
since
i
nd capeciy
the requirement
Remarriage without prior compliance with
35[6], FC);
of delivery-of presumptive legitime (Art.
-
gner, and
If the party who fails to comply ic a forei
national law, the
there is no such requirement under his
here, since
marriage may be recognized as valid
capacity
and
tion
condi
national law governs the status,
of persons. (Art. 13, co
a contracting party
Marriages where
: (Art. 36, FC); .
foal incapacity
psychological
from
Incestuous marriages (Art. 37, FC); and
c policy. (Art.
Marriages which are void by reason of publi
18, FC)
26, FC, pertain
Note that the exceptions referred to in Art.
iance with the
to intrinsic validity, which means compl
governed by the
essential requisites. Intrinsic validity is
by the
personal law of the contracting parties,” and not
is the set of
law of the place of celebration. “Personal law”
ity of
capac
and
laws governing the status, condition
is determined
persons. Under Philippine law, personal law
by nationality (“lex nationglit)®
4 See Muslim Code {P.D. 1983).
#5 Coquia and Pangalangan 262.
by domicile.
5 | pther jurisdictions, personal law is determined
78
suffers
79
Thus, Philippine law
|
|
i
II. MIXED MARRIAGES
A.
B.
should
not
1.
Valid marriage
foreigner.
a.
b.
1985
case of Van Dorn
2.
be
and
2a
Thus, Art. 26 applies to a marriage celebrated between
one of them
Filipinos, where
is subsequently
The following must be proven: (a) the fact of divorce;
(b) the relevant foreign law on divorce; © the
conformity of the divorce to the said foreign law.
between a Filipino citizen and a foreigner. The Supreme Court
held therein that a divorce decree validly obtained by the alien
spouse is valid in the Philippines, and consequently, the
Filipino spouse is capacitated to remarry under Philippine law.
«80
citizen
Valid divorce obtained by the alien spouse capacitating
him or her to remarry.
v.
#0 G.R. No. L-68470, October 8, 1985, 139 SCRA 139. See also Pilapil v. Ibay-Some
ra, G.R.
No. 80116, June 30, 1989, 174 3CRA 653, and Quita v. CA, G.R. No. 124862, December 22,
1998, 300 SCRA 4086,
Filipino
naturalized as a foreign citizen”!
Romillo, Jr.™"" (before the Family Code) involving a marriage
27 Republic v. Orbecido 1If, 427 SCRA 114 (2005).
8 San Luis v. San Luis, G.R. No. 133743, February 6, 2007.
29 San Luis v. San Luis, G.R. No. 123743, February 6, 2007.
a
between
The reckoning point of the citizenship of the parties is
not the time of celebration of marriage, but rather the
3
:
.
time when divorce is obtained.”
two
a.
The rule traces its origin to the
par., FC)
: ble:™212
’ 26, second par., FC, to be applica
married to the Filipino spouse.” Marriage, being a mutual and
to it**®
Besides, the Filipino spouse
discriminated against in his own country?
(as that-in Art. 26, second
REQUISITES: The following requisites must concur for Article
PURPOSE: The legislative intent behind this rule is to avoid
the absurd situation where the Filipino spouse remains married
to the alien spouse who, after obtaining a divorce, is no longer
shared commitment between two parties, cannot possibly be
productive of any good to the society where one is considered
released from the marital bond while the sther remains bound
rule
celebrated
applies, by jurisprudence, even to mixed : marriagesni
and dissolved by divorce prior to the Family Code.
C.
THE RULE: Where a marriage between a Fi ilipino 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 capacity to
remarry under Philippine law. (Art. 26)
the same
Thus,
STONERS
governs the status, condition and capacity of Philippine
nationals, even those living abroad (Art. 15, CC).
b.
The “alien spouse”
Filipino at the time
foreign citizenship.
be proven,"® and (ii)
includes a person who was a
of marriage, but later acquired
However, naturalizauon io must
must be before the divorce.
1 8gn Luis v. San Luis, G.R. No. 133743, js 8, 2007.
.
biic v. Orhecido WI, 427 SCRA 114
#2
Bayo! v. GA, G.R. No. 155633, November 7,
(2005);
114
SCRA
427
Ill,
Orbecido
v.
m Rei
Repu
v. Orbecido 1, 427 SCRA 114 (2005).
See also Qulta v. Court of Appeals, 300
)
N
998).
366 SCRA 437 (2001).
Recio,
v.
Garcia
citing
(2005),
114
SCRA
427
11,
aeAl Sbecido
218 Republic v. Orbecido fl, 427 SCRA 114 (2005).
27 Republic v. lyoy, 470 SCRA 508 (2005).
81
¢.
D.
o
If it is . the Filipinpino
s
spouse
Art. 26 is not applicable.2'®
wh
0 secured the divorce,
Chapter 7
Validity of Marriage
I
f the foregoing requisi.ites are present, the Filipino
spouse will al $0 be capacitate
ho
i d to re marry under Philippine
EFFECT:
1.
IN GENERAL
A.
dity
THE REQUISITES: The vali
VALIDITY IN RELATION TO
ce,
sen
pre
y determined by the
of a marriage is generall
in its requisites, thus —
absence, defect or irregularity
requires: the presence
of all the
1.
A valid marriage
2.
or formal requisite renders
The absence of an essential
(Art. 4, FC)
the marriage void ab initio.
3.
s.
essential and formid requisite
isite renders the marriage
A defect in an essential requ
voidable. (Art. 4, FC)
4.
:
requisite does not affect
An irregularity in 2a formal
but renders the party
the validity of the marriage
lable civilly, criminally
responsible for the irregularity
'
FC)
and administratively. (Art. 4,
GES: The following are the
B. VOID AND VOIDABLE MARRIA
le marriages’ —
distinction between void and voidab
1.
2
218® Jorge
fn R. Coquia,: Anno'stor; Sis
ading and Proving Foreign Law and Judgments,
457, 452 (2001).
82
366 SCRA
to have never taken place and
Void marriage — considered
.
cannot be the source of rights;
l annuiled by court;
Voidable marriage — valid unti
Void — can never be ratified,
).
29 Njfat v, Bayadog, 328 SCRA 122, 134 (2000
83
Voidable ~
can
be
ratified
by
free
cohabitation
prescription;
_ ion, Arts. 1 48-149,
ioint contribut
through actual jomt
¢
50, 51, 53, 54, FC)
:
Jegiititimacy of chii ldren( Arts.
or
Void — can be questioned even after the death of a party;
Voidable ~ can be assailed only during the lifetime of
the
parties and not after the death of either spouse;
Void ~ may be attacked by any interested party;
Voidable — may be attacked only by the parties to it;
-
Note that for marriages under the Family Code, only
the aggrieved spouse may file a petition for annulment
of voidable marriages or declaration of absolute nullity
of void marriages,*?°
-
Compulsory or intestate heirs cannot file a petition for
declaration of nullity prior to the death of their
predecessor, as their rights are merely inchoate at that
time. However, after the death of their predecessor,
such heirs may question the validity of the marriage in
the proceeding for the settlement of the estate of the
deceased spouse.22!
Void — no legal effects,
concerning the properties
conjug
are null and
Void marriages are those which
ed never
consider
are
initio): they yo by any interest
ni
ed
void from the beginning (ab inifio);
A. IN GENERAL:
n place. They may be attac
ay.
oparty,
ey
ateral).
Of
te
sub ject to ratl
are not
.
;
direct or
(whether
in any proceedingcation
or prescription.
.
always
;
d too the
be attribute
The pullity of a mamage can
ns
| an and To
formaleorequisites.
of at least one of the essentia
absence
However,
3
into
it is convenient io group them
o;
i.
isite (under Art. 3 Fo)
Void marriages due to lack of requ
.
gical incapacity {un
Void marriages due to psycholo
36, FC);
37, FO
Incestuous marriages (under Art.
Art. 38, FC); and
(under
Marriages against public policy
41, FO).
Bigamous marriages (under Art.
3.
4,
5
v
entally
inges
Be
es ol capacity.
ity ini the last four grouupsp s ofof
i , the nu: {lity
speaking
of a requistes ~
can also be attributed to tack
impedimen 8 eh
In those cases, there is some
ng marriage) which
ws family relations or subsisti
2
capacity to marry.
except as declared by law
(co-ownership or ownership
1 ofly for conveniei nce in the
presented 18 ossimp
void marriages are further
grou
five
e
Thes
on.
discussi
discussed below:
The
grouping
20 Section 2 (a) of AM. No. 02-11-10-5C, Rule on Dedlaration of
Absolute Nuflity of Void
Marriages And Annulmerit of Voidable Marriages.
1 Enrico v. Heirs cf Miediracall, 5.2, No. 173614, September
28, 2007.
84
generally
II. VOID MARRIAGES
No
’
Void — action or defense for declaration of nullity
never
prescribes (Art. 39);
Voidable — action for annulment prescribes;
is
regime
-
te.
partnership; children are legitima
Void ~ can be attacked collaterally;
Voidable — can be attacked only in a direct
proceeding;
never collateraliy;
property
~
Vardable
FC) and
85
B.
VOID
B
MARRIAGES
AGES DUE T0 LACK OF REQUISITE
*»
i.e., there
This refers to mistake as to physical identity,
the party who
was a substitution of another party for
a
agreed to the marriage, without the knowledge of the
other contracting party.”
The e absence of an essential
i or formal requisite renders the
marriage void ab initio
(Art. 4), Art. 35 enumerates some of
the marriages which are void for this reason:
b.
1.
Those contracted by any party below 18 years of age.
Those solemnized by any person not legally authorized to
o 50.
pi believing in good faith that the solemnizing.
officer had the legal authority to do so;
In such a situation, the parties commit a mistake of
act, which is excusable. This is different from a
mistake of law (e.g., thinking that a policeman is
authorized to solemmize marriage), which will
render the marriage void, because ignorance of the
no one.22
law excuses
4.
Except th
pt
.
.
chastity of one of the parties does not affect the
Marriages in
“a requisite is not exclusive or exhaustive.
marriages
jest are void for lack of consent. Commeon-law
marriage
a
of
and marriages by proxy are void for lack
ceremony.
PACITY
C. VOID MARRIAGE DUE TO PSYCHOLOGICAL INCA
{.
The Rule.
A marriage contracted by any party who, at the
time of the celebration, was psychologically
to comply with the essential marital
marriage, shall be void. (Art. 36, FC)
Marriage
i
conjugal
those falling under Article 41 (infra);
2.
obligations
of
is entered into for the purpose of establishing
and family
life.
This
purpose
cannot
be
downright
Definition. Psychological incapacity is toe
assume
incapacity or inability to take cognizance of and to
41.
23 Alicia Sempio-Diy, Handbook on the Family Code (1997), p.
36
incapacitated
accomplished if one of the parties is psychologically
incapacitated to comply with the marital obligations.
Those contracted through mistake of one contracting party
as 10 the identity of the other: and
22] Tolenting 234.
or
{or lack of
Note that the Art. 35 enumeration of marriages void
34, supra).
£7, 28, 33 and
+
Those bigamous or polygamous marriages.
-
3
.
;
i
fortune
rank,
the delivery of presumptive legitimes).
i
under Arts. 27 2d Thou? license (subject to exceptions
Those solemni
health,
and
or annulment; partition or distribution of properties;
Unless the marriage was contracted with either or both
3.
character,
Article 53
Those subsequent marriages that are void under
compliance
no
(i.e., subsequent marriages where there was
of nullity
judgment
the
of
with the recording requirement
6.
ZL.
as to
validity of the marriage. (see Art. 46, last par.)
Marriage is void even with parental consent.
-”
Mistake
87
the basic marital obligations.®®
It refers to the most
Characteristics.”
3.
serious cases of personality disorders clearly demonstrative
of an utter insensitivity or inability to give meaning or
- significance to the marriage.”
Gravity-—It must be grave or serious such that the
a.
Examples:
"a. “Senseless and protracted refusal” of one spouse to
have sexual intercourse with the other, for almost a
party would be incapable of carrying out the ordinary
duties required in a marriage;
Juridical
history of
the overt
marriage;
b.
year of marital cohabitation2
" b.
-
Pathological lying, i.e., persistent and habitual lying
and fabrication of stories “about almost anything”,
-
The Court said that “a person unable to distinguish
between fantasy and reality would similarly be unable
to comprehend the legal nature of the marital bond ...
and
the corresponding
obligations
attached
to
c.
In three recent cases,”
marriage
with
a man
the Supreme
suffering
Court held that
from
“dependent
personality disorder” is void due to psychological
incapacity. This disorder is characterized by a pattern
of dependent and submissive behavior. The patient
lacks self-ésteem or self-confidence; is plagued by selfdoubt; unable to make his own decisions; dependent on
and dominated by. other people (such as his parents);
insecure, weak
and
gullible;
has no
semse of his
identity as a person; has no goals and clear direction in
The psychological condition must have existed at
the time the marriage is celebrated.”
.
marriage”?
c.
Antecedence—It must be rooted in the
the party antedating the marriage, although
manifestations may emerge only after the
,
and
Good and harmonious relationship during the
early part of the marriage weakens the
assertion of psychological defect existing at
the time of the celebration of the marrage.”
JIncurability—It must be incurable or, even if it were
otherwise, the cure would be beyond the means of the
party involved.
4.
Relativity. Psychological incapacity need not be absolute;
a
it may be relative only to a particular spouse. * Thus,
person declared to be psychologically incapacitated may
still remarry. (But the decree of nullity is supposed to serve
as warning to the public.”
life.
4
#5
2
27
Republic v. GA and Molina, 268 SCRA 198 (1897); Republic v. lyoy, 470 SCRA 508 (2005),
Santos v. CA, 240 SCRA 20, 24 (1995).
Chi Ming Tsoi v. CA, 266 SCRA 324 (1997).
Antonio v. Reyes, 484 SCRA 353 (2006).
22 Antonio v. Reyes, 484 SCRA 533, 381 (2008).
.
.
22 Tov. Yy-Te, GR. Ne. 151
February 13, 2009; Azcueta v. Republic, G.R. No. 180668,
May 26, 2008; Halili v. Santos-Heii, G.R. No. 165424, June 9, 2008.
88
20 Santos v. CA, 240 SCRA 20, 4 8 al
)
21 Santos v. CA, 240 SCRA 20, 24 (1995).
of
Republic
401;
396,
SCRA
495
2008,
17,
July
162368,
No.
G.R.
2 Parez-Feraris v. Farmar,
SCRA 177, 190;
the Philippines v. Cuison-Melgar, GR. No. 139676, March 31, 2006, 486
121, 129; Navales v.
Navarro, Jr. v. Cecilio-Navarro, GR. No. 162043, April 13, 2007, 521 SCRA
Navales, GR. No. 167523, June 27, 2008.
(1997).
23 Sea Guidelines (no. 4) in Republic v, CA and Molina, 268 SCRA 198, 211
24 Sg Te v, Yu-Te, GR, No. 161793, February 13, 2008.
89
5.
What is Not Psychological Incapacity.
a.
It is not required that the party
be actually
should
incapacitated
.
It is not a mere failure, s refusal, , ne neglect or difficul
i
fulfill marital obligations.?*
It
1s
not
subjected
irreconcilable
differences, or conflicting personalities;
Cc.
is
not
merely
irresponsibility;*’
- d
e.
emotional
immaturity
and
habitual
alcoholism,
expert evidence {not necessarily based
examination of the party alleged to be
For practical purposes, only an expert
psychological condition or illness of a
as its root cause, antecedence,
incurability.** These matter cannot be
court or lay witnesses2%
sexual infidelity
or perversion, and abandonment, by themselves, do not
constitute psychological incapacity.”
6.
Proof. The burden of proving psychological incapacity is
on the plaintiff
He must establish psychological
oy
by the totality of evidence presented during the
psychological
incapacity.** However, the plaintiff must still present
Itis not mild peculiarities of character, mood changes,
occasional emotional outbursts;
Physical abuse,
or
The Supreme Court has stated in one case that expert
evidence is not indispensable in proving psychological
It
psychiatric
examination.*? It cannot always be expected that the
said party will cooperate or agree 10 submit
himself/herself to psychological examination.
ve
merely . incompatibility,
to
alleged to be
or personally
7.
on a personal
incapacitated).
can prove the
person as well
gravity, and
deduced by the
Guidelines.?*® The Supreme Court has laid
cases
in deciding
guidelines
following
ity:
incapac
l
psychologica
a.
down the
iuvolving
The burden of proof to show the nullity of the marriage
is on the plaintiff. Any doubt should be resolved in
favor of the validity of marriage.
pe finp v. oA and Moline, 268 SCRA 198, 211 (1997),
ic v. lyoy, 470 SCRA 508, 3 525 (2005),
005), citing Carating-Si
g-Siayngco v. S i
SORA 422 2004) tel x CA and Corpuz-Dadel, 421 SCRA 461 00d Cull becc
o
fe Fao,
; Marcos v. Marcos, 343 SCRA 755 (2000); Hernandez v. CA, 320 SCRA
2 Republic v. lyoy,0, 470 SCRA 508, , 525 (2005), ), citing
cit Carating-S
ing-Siiayngco v. Si
SCRA 422 1200 model
CA and Corpuz-Oedel, 421 SCRA 461 T2008): Collen Bon
tase,
;
5 v.
er
222004)
Dedet v. CA and Cerpuz-Dedel, 421 SCRA pi
;
The root cause of the psychological incapacity must be
{a) medically or clinically identified, (b) alleged in the
complaint, (¢) sufficiently proven by experts and (d)
clearly explained in the decision.
,
Marcos, 343 SCRA 755 (2000); Hernandez v. CA, 320 SCRA
. Republle v. oA and Malina, 268 SCRA 198, 211 (1997),
epublic v. lycy,
0 470 SCRA 508, R 525 (2005), , citing Carating-S-Siayngeo
ia
v. Slaynge
Fen or
b.
pe
roc
#2 Marcos v. Marcos, 343 SCRA 753 (2000).
3 Ting v. Velez-Ting, G.R. No. 166562, March 31, 2309.
y
Mercos v. Marcos, 343 SCRA 755 (2000); Hernandez v. CA, 320 SCRA
i Republic v. CA and Molina, 255 SCRA 198 (1997)
21 Republic v. yoy, 470 SCRA 592 (2005),
Republic v. Cuison#4 Republic v. Dagdag, G.R. No. 109975, February 9, 2001, 351 SCRA 425;
Melgar, G.R. No. 130676, March 31, 2006.
v. Cuison25 Republic v. Dagdag, G.R. No. 109975, February 9, 2001, 351 SCRA 425; Republic
Melgar, GR. No. 139676, March 31, 2006.
26 Republic v. CA and Molina, 268 SCRA 198, 209-213 (1997).
90
91
While expert evidence may be given by qualified
psychiatrist and clinical psychologists, it is not
a
condition sine qua non.’
ive, should
Philippines, while not controlling or decis
be given great respect by our-courts.
The incapacity must be proven to be existing
at "the
time of the celebration" of the marriage.
-
d.
The manifestation of the
perceivable at such time,
h.
illness
need
not
be
case must
Note: Despite the foregoing Guidelines, each
ptions or
assum
still be judged, not on the basis of @ priori
facts. Courts
generalizations but 2ccording to its own
guided by
should interpret Art. 36 on a case-to-case basis;
researchers 1n
experience, the findings of experts and
of church
psychological disciplines, and by decisions
clinically permanent or incurable,
-
The incapacity may be absolute or even relative
only in regard to the other spouse
The incapacity must be relevant to the assumption .
J
_of marriage obligations, not necessarily to those
not related to marriage, like the exercise of a
profession or employment in a job. -
tribuna’s.”
D.
Psychological
incapacity
is
comprehend all possible cases
personality disorders.
The essential marital obligations
embraced by Articles 68 up to 71 of
as regards the husband and wife as
220, 221 and 225 of the same Code in
and their children.
#7 Marcos v. Marcos, 343 SCRA 735 (2000).
to
or
EF.
must be those
the Family Code
well as Articles
regard to parents
1
(Art. 37,FC)
Vorb MARRIAGES FOR BEING INCESTUOUS
I.
; and
Between ascendants and descendants of any degree
9.
the full or half
Between brothers and sisters, whether of
blood.
Y (Art. 38,
VOID MARRIAGE FOR REASONS OF PUBLIC PoLIC
FC)
1.
legitimate or
Between collateral blood relatives, whether
illegitimate, up to the fourth civil degree;
+.
Between step-parents and step-children;
.
hs28 Caratinng-Slay
g-Slaynnggco v. Sizyrnso
gee,
e, G.R.GR. No. No. 158896 \ October 27, , 201 2004,
Tongol
v. Tongol, G.R. No. 15745, October19, 2007,
9
‘not meant
of psychoses
p
22,
41 SCRA 422,435
43;
|
1
the relationship
Marriages between the following, whether
:
timate
illegi
between the parties be legitimate or
Such illness must be grave enough to bring about the
disability of the party to assume the essential
obligations of marriage.
-
ey or
The trial court must order the prosecuting attorn
counsel for
fiscal and the Solicitor General to appear as
the state.
Such incapacity must also be shown to be med; cally or
-
Appellate
Interpretations given by the National
in the
Matrimonial Tribunal of the Catholic Church
ro
C.
g.
#9 Tay, Yu-Te, G.R. No. 161793, February 13, 2008.
93
:
f
TF
Stepbrother and stepsister;
Guardian and ward,
oa
o
Between the adopting parent and the adopted child:
Between the survivin g spouse of the adoptin{ g
the adopted child;
pa
BIGAMOUS MARRIAGES
1.
A marriage contracted by any person
General Rule.
shall be null
during the subsistence of a previous marriage
and void (Art. 41, FC)
- Between an adopted child and a legitimate child of the
adopter;
Even if the
Need for Judicial Declaration of Nullity.
may
previous marriage is null and void, its absolute nullity
solely
basis
the
on
iage
be invoked for purposes of remarr
Between adopted children of the same adopter; and
void.
of a final judgment declaring such previous marriage
o
(Art. 40, FC)
Between parties where one, with the intention to marry the
+ other, killed that other person's spouse, or his or her own
spouse.
widow/widower conspired with the killer.
can only
In other words, a previously married person
us
remarry if there is final judgment that the previc
marriage was void.
The provision dees not require criminal conviction of
a.
does
not
require
that
the
victim's
be considered bigamous and void!
¢. The provision does require that the killing be “with the
intention to marry” the victim's spouse; if the killing
be by accident or for some other purpose, the provision
does not apply.
-
Brother-in-law and sister-in-law;
The
spouse
judicial
who
remarries
declaration
can
without
be
127 (2001),
254 Wiegel v. Sempio-iy, 143 SCRA 499 {1986}; Carifio v. Carifio, 361 v.SCRA
Relova, 22 SCRA
(1968).
3 Mercadov. Tan, 337 SCRA 122, 133 (2000).
94
prior
for
consummated with the second marriage.”
TT
Landicho
2 Marbella-Bobis v. Bobis, 336 SCRA 747 (2000), citing
23 Sempin-Diy 55.
such
prosecuted
Tt would be immaterial even if he
bigamy.”?
subsequently secures a judicial declaration of
been
already
had
as the bigamy
nullity,
Note: Other relationships not included in Arts, 37 and 38, BC
are not impediments to marriage. *® Examples:
al
Even if the first marriage is void, if there is no judici
will
declaration of its nullity, the subsequent marriage
95
731
re en
provision
SA pp
The
the killer,
a.
wife;
Parties convicted of adultery or concubinage.
£
¥.
b.
the
Adopted child of the husband and adopted child of
ping prrent and
Between the surviving spouse of the adopted child and
the adopter;
a.
Adopted child and illegitimate child of the adopter;
Shi
Between parents-in-law and children-in-law,
Art. 40 applies where the second inarriage was
contracted after the effectivity of the Family Code
{even if the first marriage was contracted before such
effectivity). .
4.
the subsequent marriage was considered valid.?*
To rule otherwise would impair the vested rights of
the wife and children of the second marriage.
¢.
The judicial declaration of nullity of the first marriage
is a condition precedent only for purpose
of
remarriage.” For other purposes, no judicial action is
necessary to declare a marriage an absolute nullity (i.e.,
direct attack is not necessary) such as in the following
cases:
i.
ii.
Determination of heirship;
Detennination of legitimacy or illegitimacy of a
child;
iit. Settlement of estate;
iv. Dissolution of property regime;
v. Criminal case.
For these other purposes, the court may pass upon the
validity of marriage even in a suit not directly
2 Aienze v. Brillantes, Jr., 243 SCRA 32 (1995).
5 Ty v. Court of Appeals, 346 SCRA
86 (2000).
#% Domingo v. Court of Appeals, 225 SCRA 572
(2000); Carifio v. Carifio, 351 SCRA 127, 138,
96
{1993): Nifial v, Bayadog,
1%
’
328
)
yas, 328 SCRA 122
declaration of nullity
is required
PERETH
only for purpose of remarriage, it does not mean that
that
such judicial declaration can only be sought in
connection. A person has the option to ask for such
&
judicial declaration even for other purposes, e.g.,
on
based
ties
spouse ‘who wants a separation of proper
If both the first and second marriages were
contracted before the Family Code, Art. 40 mey
not be applied retroactivelys if it would impair
vested rights. Thus, where a man’s first marriage
was void, and he entered into a second marriage
before the Family Code took effect (without prior
judicial declaration of nullity of the first marriage),
Although judicial
pS TX
ER
b.
age, s0
instituted to question the validity of said marri
ion of the
long as it is essential to the determinat
case.”
the nullity of marriage.”
2.
tence
Exception (to the rule that marriage during the subsis
of the
of a previous marriage is void) — in case the spouse
y
previous marriage had been absent and is presumptivel
dead.
a.
Requisites:™ (Art. 41, FC)
i.
The prior spouse had been absent for 4 consecutive
years (or 2 years, in case of disappearance where
there is danger of death under Article 391 of the
Civil Code™);
ii.
The spouse present has a well-founded belief that
the absent spouse was already dead; and
ji
There
is a judicial
declaration
of presumptive
death of the absent spouse.”
7 Carifio v. Carifio, 354 SCRA 127, 128.
28 Jomingo v. Court of Appeals, 226 SCRA 572 (1983).
29 Armas v. Calisterio, 330 SCRA 201 (2000).
e which is missing,
%0 (a) A person on board a vessel lost during a sea voyage, of an aeroplan
e; {b) A person
who has not been heard of for two years since the loss of the vessel of aeroplan
and [¢} A
years;
two
for
missing
been
has
and
war,
in
part
taken
has
in the: armed forces who
ances and his existence has not
person who has been in danger of death under other circumst
.
been known for two years,
March 24, 2006;
#4 This is not required under the Civil Code. SSS v. Bailon, G.R. No. 165545,
(2000).
201
Armas v, Calisterio, 330 SCRA
97
Bi{
luded, if they so
(However, the parties are not prec
t to prove the
choose, from filing an action in cour
(1) The spouse present must institute a summary
proceeding for the declaration of presumptive
death of the absentee, without prejudice to the
effect of reappearance of the absent spouse.
(Act 40)
The requirement for judicial
eclarition of presumptive death supersedes
dissolution or
266
marriage.
)
2) The Judicial declaration of presumptive death
is necessary to avoid a charge of bigamy.**
subsequent
Without such judicial declaration, the
second marriage is bigamous even if
is a judgment
anmnulling
If
the
marriage,
will
not
questioned.”
the previous
c.
Marriage:
Effects of Termination cf the Subsequent
conceived
The children of the subsequent marriage
to
its
termination
shall
t.
legitimate, (Art. 43, par. 1, FC)
The affidavit of rea ppearance may be fi
interested person.
’
fled by an
ii.
Judicial
proceeding
for
marriage
the
termination
is
not
of the
necessary’
262
cent
E.g., ini
(1948); Lukban
In Re 8 rs
10a
i
179 {1937);
aan,
Jones v. Hortiguela,
64Bh.
Phil. 179
In Re Szatraw,
.
as,461
his pute, 107 Pri a1 (1080). £1 Phil.
i
181 (500)
caspectus (2960), p. 633, cited in Manuel v. People, 478 SCRA
98
such
it was
the death of either spouse (i.e., before
prior
subsequent
terminate
due to
the subsequent marriage is terminated
Notes:
ii.
subsequent
or court
annulled by affidavit of reappearance
er be
action), its validity can no jong
1.
ht
of
the subsequent
still regarded as an absentee, until
law?
marriage is terminated as provided by
But the subsequent marriage will not be terminated
if there
termination
of
law, he ‘or she is
reappearatice, and by fiction of
Termination of the Subsequent Marriage.
The
subsequent marriage shall be automatically terminated
by the recording of the affidavit of reappearance of th
absent spouse. (Art. 42, FC)
"
marriage or declaring g it voidid ab initio.
ro
initi
(Art. 42,
declaration
absentee is
marriage. The presumption that the
physical
her
or
his
dead continues, in spite of
contracted in good faith.2
b.
2
step is taken to
iit. If the absentee reappears, but no
(either by
terminate the subsequent marriage
reappearance,
affidavit or by court action), such
spouses in the
even if made known to the
previous jurisprudence to the contrary.’
-
obtain
and
reappearance
be
considered
of the
The absolute community of property
lved and
conjugal partnership shall be disso
liquidated. (Art. 43, par. 2, FC)
marriage is terminated by final Judgment of annulment in a case instituted by the absent spouse
or
waa
by foof grant
in
marriage.
the spauses of in the subsequent
reappears or by either
who
hid
27 268 ¥ alo, or No. Toss, hare
zo:
2006; Lapuz v. Euferio, 150 Phil. 204 (1872).
26 $55 v. Bailon, G.R, No. 165545, March 24,
9%
-
i.
Buwif either spouse contracted said marriage in
bad faith, his or her share of the net profits
ii.
(1) the common children or,
(2) if there are none, the children of the guilty
spouse by a previous marriage or
(3) in fefault of children, the innocent spouse;
remain
The person who.
Criminal Prosecution for Bigamy.
remarries during the subsistence of a previous marriage
may be prosecuted for bigamy. Article 349 of the Revised
But if the donee contracted the marriage in bad
faith, such donations made to said donee are
revoked by operation of law; ; (Art.
ro
(Art. 43 43, par, 3,
second or subsequent marriage before the former marriage
has been legally dissolved, or before the absent spouse has
been declared presumptively dead by means of a judgment
rendered in the proper proceedings.”
ii. Donations
by reason
of marriage
valid. (Art. 43, par. 3, FC)
shall
Penal Code criminalizes “any person who shall contract a
It is no defense that the second marriage was declared void
The mere act of
due to psychological incapacity.
ge during the
marria
contracting a second or a subsequent
iv. The innocent spouse may revoke the designation
of
the other spouse who acted in bad faith as
beneficiary in any insurance policy, even if such
subsistence of a valid marriage is a crime.”
designation be stipulated as irrevocable; (Art. 43
par. 4, FC) and
h
d.
and
All donations by reason of marriage
testamentary dispositions made by one in favor of
the other are revoked by operation of law. (Art. 44,
FC)
(Art. 43, par. 2, FC)
v.
be
of the spouses as well as their children will
those of void marriages™;
shall be forfeited in favor of —
-
ons
The effects on the personal and property relati
The spouse
who
contracted the subsequent
matriage in bad faith shall be disqualified to inherit
from the Innocent spouse by testate and intestate
succession. (Art. 43, par. 5, FC)
Both Parties in Bad Faith.
If both spouses of the
subsequent marriage acted in bad faith (ie. they knew
that the absent spouse was still ive), said marriage
shall be void ab initio. (Art. 44, FC)
VOIDABLE MARRIAGES
III.
A.
‘IN GENERAL: Voidable marriages are thos= which may be
annulled, but are considered valid until they are annufled.
They may be ratified. Their validity may be attacked only ina
direct action, and only by the parties to the marriage. The
action must be brought within a certain prescriptive period.
To render a marriage voidable, the ground for annulment must
have existed at the time of marriage. (Art. 45, FC)
%9 Sempio-Diy 65.
7 Tenebro v. CA, G.R. No. 150758, February 18, 2004.
100
101
Annulment is distinguished from legal separation
as follows:
L.
Annulment — ground existed at the time of
marriage;
Legal separation — ground arose after the
celebration of
marriage;
Insanity.
FC}
coming to
May be ratified if the insane party, after
husband and
reason, freely cohabited with the other as
a.
"wife. (Art. 45[2], FC).
Annulment — terminates the marital bond, so that
the parties
can marry again;
.
:
Legal separation — does not terminate the marita
l bond;
parties remain mar ried to each other;
3.
consent of the party entitled to seek annulment.
1.
.
However, if f re sane
s © may
party did not know of the insanity, he or
an LL e
she
ask for annulment as long as he or
47(2), FC.
insane party are alive, under Article
consent
Insanity as a ground for annulment is a vice of
y is not a
Psychological incapacity 2s a ground of nullit
vice of consent; it is lack of capacity.
b.
Note also that
these grounds must have existed at the time of the marria
ge
(not after),
on the
The sane party cannot ratify, based
, an:
sant
the
assumption that he or she knew of
is estopped to raise it’
Annulment — cannot be set aside;
Legal separation — may be terminated by the reconc
iliation
of the parties.
. GROUNDS FOR ANNULMENT: The following are
the grounds
for annulment. Note that these grounds generally
vitiate the
45(2},
Either party was of unsound mind. (Art.
the party
Mere mental weakness , if it does not deprive
of
Tiedquences
to understand the . conse
i
of capacity
marriage, is not a ground for annulment.
c.
Lack of Parental Consent. The party in whose behalf
annulment is sought was above 18 years old but below
21
years old, and the marriage was solemmized withou
t
parental consent. (Art. 45{1], FC)
d.
a.
ned by fraud.
Fraud. The consent of either party was obtai
b.
May be ratified if such party, after attaining the age
of
21, freely cohabited with the other and both lived
together as husband and wife. (Art. 45 [1], FO).
The parents who did not give their consent cannot
ratify the marriage by giving their consent affer the
marriage, 2”!
t o tack
Intoxication and somnambulism, if they amoun
considere
of mental ability to give consent, may be
CTs
insanity.
(Art. 45[3], FC)
a.
, with
May be ratified if the defrauded party afterwards
full knowledge er
freely cohabite
(Art. 45[3], FC)
22 | Tolentino 294.
31 Tolentino 291.
.
a | Tolentino 290, cifing American cases.
21 Sempio-Diy 67,
15 Sempio-Diy 68.
102
103
onstituting
the fraud,
as a.
and wife.
b.
The husband should
ground for annuiment.
backgivuud.
wife's
her
have investigated
There is fraud when, through insidious words or
machinations of one of the contracting parties, the
other party is induced to enter intcothe marriage which,
ili. Concealment of sexually transmissible disease
(STD), regardless of its nature, existing at the time
of the marriage; or
without them, he would not have agreed to. (Art, 1338,
CO)
Not
all kinds
annulment.
of fraud
Fraud,
for
are considered
purposes
grounds
for
of annulment
of
(1) The STD need not be serious or incurable; as
long it was concealed, it is a ground for
‘
annulment as fraud.
marriage, is limited to the following instances: (Art.
46, FC)
( 2) On the other hand, if the STD was serious and
i.
-
ii.
incurable, even if it was not concealed, it is an
Non-disclosure of a previous conviction by final
judgment of the other party of a crime involving
moral turpitude;
independent ground
45(6).
habitual
addiction,
of drug
iv. Concealment
or lesbianism
or homosexuality
"alcoholism
existing at the time of the marriage.
Penalty for the conviction is immaterial,
Concealment by the wife of the fact that at the
time of the marriage, she was pregnant by a man
other than her husband;
-
If there is no concealment
causes,
fraud
be
annulled.
as will give
grounds
for the annulment
of
marriage. (Art. 46, FC)
4.
“104
of the foregoing
cannot
No other misrepresentation or deceit as to character,
health, rank, fortune or chastity shall constitute such
is no ground for annulment, even if the latter
did not know it at the time of marriage.
\
marriage
legal separation.” .
(2) If the wife was pregnant by her husband, there
#18 Buccat v. Manganon, 72 Phil, 12 (1841).
the
However, they may be considered grounds for
(1) Where the pregnancy was already at an
advanced stage at the time of marriage, there is
no fraud as the wife's condition should have
been obvious to the husband.?”®
(3) If the wife was formerly a prostitute, or
promiscuous, or had borne a child by another
man before the marriage, there is still no
for annuiment under Art.
Duress. The consent of either party was obtained by force,
intimidation or undue influence. (Art. 45[4], FC)
#1 Sempio-Diy 76-77.
as Amebr v. RTC of Las Pifias City, G.R. No. 179620, August 26, 2008.
105
a.
influenced was
person alleged to have been unduly
was ignorant
or
suffering from mental weakness,
May be ratified if the aggrieved party freely cohabited
with the other as husband and wife, after the duress has
disappeared. (Art. 45[4], FC)
or in financial distress. (Art. 1337)
Force — there is violence when in order to wrest
consent, serious or irresistible force is employed. (Art.
g party
This refers to a situation where a contractin
fear of
ie.,
was compelled by “reverential fear,
on the
causing distress, disappointment or anger
to
tion
condi
part of one whom a person has been
of
debt
revere, respect, or obey out of a special
ts,
paren
grand
ts,
paren
his
like
gratitude,
godparents, employer, etc.
ii.
1335, CC)
Intimidation — when one of the contracting parties is
compelled to give his consent by a reasonable and
well-grounded fear of an imminent and grave evil upon
his person or property, or upon the person or property
of his descendants or ascendants. (Art. 1335, CC)
i.
ii.
To determit ¢ the degree of intimidation, the age,
sex, and condition of the persen shall be bome in
mind. (Art. 1335, CC)
A threat to enforce one’s claim through competent
authority, if one’s claim is just and legal, does not
vitiate consent. (Art. 1335, CC)
-
Thus, a threat to file a case for immorality
against a bar candidate if he does not marry a
girl
he
had
consent.”
"d.
ence), as a
Duress (force, intiraidation or undue influ
r one of
ground for annulment, may be caused by eithe
1336)
(Art.
the contracting parties, or a third party.
sex
with, does
not
vitiate
Undue influence ~ when a person takes improper
advantage of his power over the will of another,
depriving the latter of a reasonable power of choice.
e as to prevent the
The duress must be of such a natur
231
:
victim from acting as a free agent.
5.
incapable of
Impotence, Either party was physically
and such
consummating the marriage wita the other
incurable. (Art.
incapacity continnes and appears to be
45[5], FC)
a.
Cannot be ratified.
b.
Sterility
from
impotence,
and
is not a
ground for annulment.
have
c. The impotence must be continuing — it must
exist at
existed at the time of marriage and continues to
the time the action for annulment is filed.
(Art. 1337, CC)
i.
is different
The following circumstances shall be considered:
the confidential, family, spiritual and other
relations between the parties, or the fact that the
280 Sempio-Diy 69-70,
21% Ruiz v. Alienza, CA, 40 0.G. *33.
21 | Tolentino 291.
106
107
H
i3
d.
The impotence must be incurable — if it can be cured
The STD
AIDS.
.b.
by proper treatment or surgery, it cannot be a ground
for annulment,
:
suing for
The STD musi be unknown to the party
estopped
annulment, othérwise, he or she would be
from raising it.
¢.
e.
The impotence must be unknown to the party suing
annulment at the time of marriage — thus, if
impotent party was already very old at the time
marriage, the other party may be estopped
for annulment.**2
f
pre
for
the
of
i
impotent defendant®®
Only the potent party, as the
aggrieved one, has the right to sue for annulment
g.
The impotence may be relative only, i.e. 2 party is
incapable of coj:ulating with his or her spouse, but not
necessarily with other persons.’®*
h.
Potencyis presumed, and th e party alleging, impot
impotence
ging
’
it.?*
of proving
has the burden
=
.
for
A serious and incurable STD need not be concealed
form
the
in
it be a ground for annulment (cf. with fraud
of a concealed STD).
d.
from asking
The impotence must not be mutual — the impotent
plaintiff could not have expected to copulate with an
The court may order the defendant to submit to
physical examination to test potency?’
Sexually-Transmissible
Disease.
Either
party
was
afflicted with a sexually-transmissible disease found to be
C. RATIFICATION
In general, a voidable marriage
continued voluntary cohabitation
annulment has ceased to exist.
and can
Once ratified, 2 voidable marriage becomes valid
party
no longer be annulled, even if the aggrieved
subsequently changes his or her mind, *
Exceptions:
a.
a.
The following are not subject to ratification —
and
Impotence — by definition, it must be continuing
never
will
incurable, so that the cause for annulment
cease to exist.
22 | Tolentino
|
Toten 250
282, cititing an American
ri
case.
4 Sempio-Diy 70.
5 Sempio-Diy 74.
25 Jimenez v. Canizares, G.R.
#4 Jimenez v, Canizares, G.R.
12790, August 39, 1960.
-12790, August 30, 1960.
108
may be ratified by
after the cause for
cohabitation
There is no specific period within which the
, it need
must continue to constitute ratification. Of course
must be
It
.
not last for the whole period of prescription
nce that the
long enough to give rise to the reasonable infere
age.”
aggrieved party prefers to continue with the marri
serious and appears to be incurable. (Ast. 45[6), FC)
Cannot be ratified,
must be both serious and incurable, €.g.,
288 | Tolentino 295.
22 | Tolentino 295.
1C9
b.
Sexually-transmitted disease — by definition, it must be
incurable, so that the cause for annulment will never
.
cease to exist.,
Prescriptive period — Before the death of either party.
b.
3. Fraud (Ar. 47[3), FC)
¢.
D.
Sane person who married an insane person without
knowing it at the time of marriage.”
a.
Who may sue — the injured party
-
b.
very
Prescriptive period — within 5 years after tue disco
If the insanity was known to the sane person, the
latter is estopped from seeking annulment,
of the fraud;
1.
Duress (Art, 47[4], FC)
4.
STANDING TO SUE AND PRESCRIPTIVE PERIOD
Lack of Parental Consent {Art. 471], FC)
a.
Who may sue — the injured party
a.
b.
the
Prescriptive period — within 5 years after the time
or
eared
force, intimidation or undue influence disapp
Who may sue i. The party under 21 whose parent or guardian did
ceased;
not give consent, or
ii.
The parent or guardian who did not give consent.
5.
b.
Impotence (Art, 47[5], FC)
Prescriptive period i. In case of the party under 21, within 5 years after
attaining the age of 21, or
a.
Who may sue — the injured party
il.
b.
Prescriptive
marriage.
In case of the parent or guardian, at any time
before the contracting party has reached the age of
21,
5.
2.
period
—
within
years
5
after
the
.
after
the
Sexusally-Transmissible Disease (Art. 47{5], FC)
Insanity (Art. 472], FC)
a.
Who may sue —
i. The sane spouse, who had no knowledge
other's
ii.
of the
insanity; or
Any relative or guardian or person having
charge of the insane; or
Who may sue - the injured party
b.
Prescriptive
marriage.
period
within
5
years
IV. PROCEDURE IN CASES FOR
DECLARATION OF NULLITY OR ANNULMENT
A.
TRIAL AND EVIDENCE (Art. 48, FC)
20 [ Tolenting 295.
110
—
legal
jii. The insane spouse during a lucid interval or after
regaining sanity.
a.
111
such
(c) the delivery of their presumptive legitimes, unless
l
matters had Deen adjudicated in previous judicia
proceedings. (Art. 50, FC)
The court shall order the prosecut
2 in g attorney to appear cn
behalf of the State ~
YEE
b.
to prevent collusion between the parties and
to
take
care
that
evidence
is not
fabricated
or
suppressed.
2.
3.
B.
All creditors of the spouses as well as of the absolute
community of property or the conjugal partnership shall be
notified of the proceedings for liquidation. (Art. 50, FC)
he)
a.
No judgment shall be based upon a stipulation of facts or
confession of judgment,
The judgment, the partition and distribution of the
properties, and the delivery of the children's presumptive
legitimes shall be recorded in the appropriate civil registry
and registries of property. (Art. 52, FC)
The foregoing safeguards apply even if the defendant
- appears and participates in the proceedings,
SUPPORT PENDENTE LITE (Art. 49, FC)
-
During the pendency of the action and in the absence of
adequate written agreement between the spouses, the court
If not recorded, tire same shall not affect third persons.
Non-compliance will also render a
(Art. 52, FC)
subsequent marriage by the former spouse null and
+ void (Art. 53, FC).
shall provide for:
1.
1.
The support of the spouses; and
2.
The custody and support of their common children,
The conjugal dwelling and lot shall be adjudicated to the
spouse with whom the majority of the common children choose
to remain {unless otherwise agreed upon by the parties).
]
a.
b.
3.
PARTITION (Art. 50, in rel. to Arts. 102 & 129, FC)
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.
1.
Children below 7 years old shall not be separated from
their mother, unless the court finds compelling reasons
to order otherwise. (Art. 213, FC) |
2.
The appropriate visitation rights of the other parent.
the mother, unless the court has decided otherwise.
E.
FINAL
L.
JUDGMENT
The final judgment shall provide for: (a) the liquidation,
partition and distribution of the properties of the spouses,
(t) the custody and support of the
112
In case there is no such majority, the court shall decide,
taking into consideration the best interests of said children.
DELIVERY OF PRESUMPTIVE LEGITIME (Art. 51, FC)
1.
C.
Children below the 7 years old are deemed to have chosen
The velue of the presumptive legitimes of all common
children, computed
the trial court, shall
securities, unless
judicially approved,
as of the date of the final judgment of
be delivered in cash, property or sound
the parties, by mutual agreement
had already provided for such matters.
common children, and
113
2.
The delivery of the presumpti
ve legitimes shall in no way
prejudice the ultimate succes
sional rights of the children
accruing upon the death of eith
er or both of the parents.
a,
The value
of
the
properties
received
considered as advances on thei
r legitime.
3.
The
children
or their puitrdian
or
she
trustee
shall
-
faith,
be
¢.
of their
OR ANNULMENT
EFFECTS ON PROPERTY RELATIONS
(Ar. #0 in rel. to Art. 43
& 44)
I.
Voidable Marriages and Void
Marrisge Under Art, 40,
The following effects shall appl
y to: fi) marriages which
are
declared
void
ab
initio
under
Ar.
49
of the guilty spouse by a previous
marriage or
(3) in default of children, the inno
cent spouse;
b.
Decnations by reason of marriage
shall remain valid,
said
donee
are
designation
be
stipulated
as
d.
The guilty spouse shall be disqualified to inherit from
the innocent spouse by testate and intestate succession.
e.
If both spouses acted in bad faith, all donations by
reason of mariage and testamentary dispositions made
by one in favor of the other are revoked by operation of
Art.
40, FC),
as there
would
be
no
absolute
community or conjugal partnership to speak of in those
cases.
The rules in Arts, 147 and 148, FC (“Property
Regimes . of Unions Without Marriage™ would apply,
Under said provisions, the property regime of unions
without marriage is governed by co-ownership, but there
are differences between unions where the parties are
capacitated to marry each other and unions where the
parties are not. (See further discussion infra.)
But if either spouse contracted said
marriage in bad
faith, his or her share of the
net profits shall be
forfeited in favor of -
(1) the common children or,
Even
Jj such
irrevocable;
not under
The absolute community of prop
erty or the conjugal
partnership shall be dissolved and
liquidated,
(2) if there are no common chil
dren, the children
to
Void Marriages. The foregoing rules are not applicable to
marriages declared null and void for other reasons (i.e.
nullity of the firs: marriage; and
(il) voidable marriages
annulled by final jidgment, unde
r Art, 45, FC,
-
made
law. (Art, 44, FC)
FC, i.e,
subsequent marriages entered into befo
re the declaration of
a.
donations
The innocent spouse may revoke the designation of the
other spouse who acted in bad faith as beneficiary in
any insurance policy,
-
EFFECTS OF DECLARATION OF
NULLIty
A.
such
revoked by operation of law;
property may ask for the vilorcement
wf the Judgment,
V.
Bur if the donee contracted the marriage in bad
B.
EFFECTS ON CAPACITY TO REMARRY: Either of the former
spouses may marry again gffer the following requirements are
complied with (Art. 53, FC) —
Recording of the judgment
nullity of the marriage,
of annulment or of absolute
CoE
114
115
Partition and distribution of the propeities of the spouses
and (recording thereof)
Delivery of the children's
recording thereof),
Chapter 8
presumptive
legitimes
Without compliance with such requirements, the subsequent
marriage shail be null and void.
C.
IN GENERAL
A
EFFECTS ON LEGITIMACY OF CHILDREN
1.
Legal Separation
(and
’
General Rule: Children conceived or born outside a valid
marriage are illegitimate. (Art. 165, FC)
marriage;
8.
Children conceived or born before
judgment of annulment (Art. 54, FC).
b.
Children conceived or bom before finality of the
judgment of absolute nullity of the marriage under
Article 36 (psychological incapacity) (Art. 54, EC).
finality
— merely
Limited or Relative Divorce or a mensa ef thoro
force.
full
in
suspends the marriage and leaves the bond
under this
Legal separation under Philippine law falls
of the
Children conceived or born of the subsequent marriage
under Article 53 (void for failure to comply with
requirements of delivery of presumptive legitimes,
etc.) (Art. 54, FC).
d.
Children of a marriage under Articles 41-42 (ie, a
subsequent marriage after the spouse in a previous
marriage is declared presumptively dead) who were
conceived before its termination by the reappearance of
the presumptively dead spouse (Art. 43, par. 1, FC)
category.
B.
tion is the
CONCEPT OF LEGAL SEPARATION: Legal separa
person and
to
as
both
suspension of the common marital life,
property,”
by judicial
decree, on
any
of the grounds
recognized by law.
—
Distinguished from Separation of Property
a.
b.
ty,
Legal separation affects both person and proper
ons
while separation of property affects property relati
only.
Legal
separation
cannot
be
decreed
based
on the
of
agreement of the parties (Art. 60), while separation
21 Garcia v. Recio, 366 SCRA 437, 452 (2001).
#2 Garcia v. Recio, 366 SCRA 437, 452 (2001).
#3 | Tolentino 313,
116
-
Lm
>
— wrminates the
Absolute Divorce or a vinculo matrimonii
Exceptions: The following are legitimate —
¢.
the legal dissolution
DIVORCE IN GENERAL: Divorce means
But
marriage.
of a lawful union for a cause arising after
92
types are:
divorces are of different types. The two basic
117
property may be effected by agreement of the parties
subject to judicial approval. (Art. 134),
2.
3.
Distinguished from Separation De Fact —
a.
Legal separation is decreed by court, while separation
de facto is actual separation without any court decree.
a.
b.
Legal
party
om
effect
separation dissolves the property relations of the
and removes the guilty party's capacity to inherit
the innocent party. Separation de facto has no
on property relations and capacity to succeed,
In legal separation, the marriage is not defective as the
grounds arise only after the marriage. In annulment
the marriage is defective from inception, as the
grounds existed prior to or at the time of marriage.
The parties may not remarry after a decree of legal
separation, unlike in annulment of marriage, where
they can remarry.
]
RECOGNITION OF DIVORCE
2,
ry
Thus, if the alien spouse is capacitated to remar
se
under the said divorce, the Filipino spouse is likewi
capacitated to remarry. (Art. 26, FC)
While Philippine courts may recognize the foreign
~b.
divorce in this situation, the legal effects thereof, e.g,
be
on custody, care and support of children, must still
determined by Philippine courts.
}
Distinguished from Annulment of Marriage —
b.
I.
Philippines
by the alien spouse, may be recognized in the
,
under Art. 26, FC. (See discussion on ‘Mixed Marriages’
supra.)
a.
C.
obtained abroad
Divorce between an alien and 2 Filipino,
3.
Divorce between ilipinos, even if obtained abroad, is not
recognized in the Philippines®*®
Philippine personal
laws govern Filipinos, even those abroad (Art. 15, CC)
Divorce between
aliens, obtained abroad, may be
recognized in the Philippines, provided it is consistent with
their respective national laws.™’
a Tenchavez v. Escane, 13 SCRA 355 (1965),
25 Van Dom v. Rofl, Jr, 732 30RA
139 (1985).
118
I.
GROUNDS
A.
B.
FOR LEGAL SEPARATION
or
TIME: The grounds for legal separation must have arisen
of
ent
existed after the marriage (unlike grounds for annulm
marriage).
any
GROUNDS: A petition for legal separation may be filed on
FC)
55,
of the following grounds: (Art.
1.
Repeated physical violence or grossly abusive conduct
a child
directed against the petitioner, a common child, or
of the petitioner;
a.
The physical violence must be repeated.
b.
Grossly abusive conduct may include maltreatment and
hurling insults and invectives.”’
v. Court of Appeals, 345
16 Roehr v. Rodriguez, 404 SCRA 435, 502 (2003), citing Llorente
SCRA 592, 602 (2000).
#7 Ong Eng Kiam v. Ong, G.R. No. 153206, October 23, 2006.
119
2.
Physical violence or moral pressure to compel
petitioner to change religious or political affiliation;
married
Sexual infidelity is sexual intercourse by a
or her
person with another person who is not his
a
the
The Family Code has removed the distinction
spouse.
a.
The violence or pressure need not be repeated; a single
incident is enough.
:
b.
There must be a coercion (physical ot moral) by the
respondent agairst petitioner.
Attempt of respondent to corrupt or induce the petitioner, a
common child, or a child of the petitioner, to engage in
- prostitution, or connivance
in such corruption or
inducement;
in the Civil Code between concubinage for men and
adultery for women to avoid double standard.
Sexual perversion entails coercion of the spouse
engaging in unusual or abnormal sexual practices.
b.
9.
Attempt
a.
There must be an intent to kill, i.e., either attempted or
frustrated homicide, although prior conviction is not
The
aitempt
must
be
wrongful
If it is
legally
or if made by a person who has caught his or her
spouse having sexual intercourse with another
person’), ‘then it cannot be considered ground for
legal separation.
A subsequent executive pardon is not material.
Drug addiction or habitual alcoholism of the respondent;
the life of the
"justifiable (e.g., in self-defense or defense of a child,
is relatively serious and non-probationable.
b.
against
necessary.
b.
The nature of the crime is not. material, but since the
penalty should imprisonment for more than 6 years, it
the respondent
petitioner; or
Final
judgment
sentencing
the
respondent
to
imprisonmant of more than six years, even if pardoned;
a.
by
in
of petitioner by respondent
10. Abandonment
justifiable cause for more than one year.
without
Lesbianism or homosexuality of the respondent;
-
If the drug ad liction,
or homosexual;ty was
and was concealed, it
ground for annulment
habitual alcoholism, lesbianism
existing at the time of marriage
may amount to frend which is a
of the marriage.
Contracting by the respondent of a subsequent bigamous
marriage, whether in the Philippines or abroad,
Sexuel infidelity or perversion;
a.
Abandonment is leaving the conjugal dwelling without
intent to return. (Art. 101, FC)
b.
Lack of intent to return may be presumed if the spouse
has left for a period of 3 months, or has failed within
the same period to give any information as to his or her
whereabouts. {Art. 101, FC)
y 84.
29 | Tolentino 323, citing Velolra v. Velolra, CA, 56 .G. 7055. Sempio-Di
23 Sea Revised Penal Code, Art. 11.
0 Seq Revised Penal Code, Art, 247.
120
¢.
Ifthe spouse left because of the other spcuse’s abusive
Each sexual
person is a
Condonation
condonation
d.
In a case where the wife left her husband after the
conduct, there is justifiable cause and such act of
leaving
cannot
be
annulment,”
Note:
IIl.
considered
as
a
ground
for
The term “child”, as used the in the foregoing
enumeration, shall include a child by nature or by
adoption,
latter discovered her adultery, the husband’s failure
to actively search for his wife and take her home
does not constitute condonation or consent to the
adultery. It was not his duty to search for her. It
was her duty to return.*®
DEFENSES
The petition for legal separation shall be denied on any of the
2.
following grounds: (Art. 56)
I.
Condonation.
~ Where the aggrieved
condoned the offense or act complained of.
“a.
party
Consent. Where the aggrieved party has consented to
the commission of the offense or act complained of,
Consent is conformity in advance by a spouse to
Example:
the offense of the other spouse.
Agreement between spouses that they are free to
a.
has
:
live with other partners.*”
Condonation is forgiveness of the offense; it may
be express or implied, e.g, from continued
cohabitation or sexual intercourse with the guilty
b.
Consent is made before the offense: condonation is
:
made after the offense.
-
c.
If a persen lures his
offense (e.g., sexual
opportunities for his
offense, he or she is
spouse despite knowledge of the offense.’
But there is no condonation if the cohabitation
or sexual intercourse was merely to save the
marriage ‘or maintain family harmony or to
attempt reconciliation.’®
“i
b.
If the offender repeats the offense forgiven, a new
ground for legal separation arises.
¢.
o Ong Eng Kiam v. Ong, C.R. No. 153208, October 23, 2006,
* Ginez v. Bugayong, 100 PH, 818,
:
However, a person is not obliged to actively
prevent his or her spouse from committing the
Thus, a person who merely “entraps” or
%4 People v. Zapata, G.R. No. L-3047, May 16, 1951; Ocampo v. Florenciano, GR. No. L13553, February 23, 1960, 107 Phil. 35.
%5 Ocampo v. Florenciano, G.R, No. L-13553, February 23, 1960, 107 Phil. 35.
6 Matubis v. Praxedes, 108 Phil. 789 (1260).
%7 1 Tolentino 326, citing American cases.
122
or her spouse to commit the
infidelity) or actively creates
or her spouse to fall into the
deemed to have consented to
3
offense.
308 Sempio-Diy £3.
intercourse by the spouse with another
separate act of sexual infidelity”
of one act does not necessarily mean
of others.
¢.
123
legal separation; (b) making it appear that a ground
has been committed; or {c) suppressing evidence of
a valid defense.’
secretly follows and observes his or her spouse
committing infidelity is not deemed to have
consented to jt.’
3.
Connivance. Where there is connivance between the
parties in the commission of the offense or act
constituting the ground for legal separation.
a.
Connivance
is agreement,
express
or implied,
both spouses to the ground for legal separation,
b.
4.
6.
cccurrence of the cause (Art. 57, FC).
IV. PROCEDURAL MATTERS
A.
for legal separation.
a.
It does not matter who first committed the offense.
b.
It does not
offense,
c.
is more
guilty
PRESCRIPTION: The petition for legal separation must be filed
within 5 years from the time of the occurrence of the cause.
(Art. 57, FC)
Recrimination.: Where both parties have given ground
who
1.
The prescriptive period is reckoned from occurrence of the
The law does not
cause, not from knowledge thereof.
encourage legal separation.
2.
In case of repeated sexual intercourse by respondent with
another persen, prescription is counted from the last act of
sexual intercourse, since each act is a separate ground for
of the
It Coes not matter if one of the spouses had been
pardoned by the other.*®
the action is barred by
more than 5 years from
by
Consent js unilateral; connivance is bilateral.
matter
Where
Prescription.
filed
ie,
prescription,
legal separation.”
|
1
3.
d.
The ground committed by one may be different
from the ground committed by the other.
e.
This is based on the principle that a person must
come to court with clean hands.
Collusion.
Where there is collusion between
parties to obtain decree of legal separation;
+
the
Collusion ‘s agreement by the spouses to obtain
legal sepaiation by: (a) committing a ground for
3,
Even if prescription is not set up as defense, the court may
take cognizence thereof and dismiss the action on this
ground, since public policy is involved. The policy of the
law is that no decree of legal separation should be issued if
there is a legal obstacle appearing on record"?
B.
COOLING-OFF PERIOD: An action for legal separation shall
in no case be tried before 6 months shall have elapsed since
the filing of the petition. (Art. 58, FC)
0 Ogampo v. Florenciano, G.R. No. L-13663, February 23, 1960, 107 Phil. 35.
508 | Tolenting 328, citing American cases.
31 Ocampo v. Florencianc, G.R. No, L-13553, February 23, 1960, 107 Phil. 35.
%¢ Benedicto v. Ds La Rama, 3 Phil, 34 (1903).
2 Brown v. Yambao, 102 Phil. 168,
124
’
1235
This cooling-off
reconciliation.
C.
or
waiting
period
is
to
encourage
EFFORTS TOWARDS RECONCILIATION: No
legal separation
may be decreed unless the court has taken steps
toward ths
reconciliation of the spouses and is fully satisfied
that, despite
such efforts, reconciliation is highly improbable.
(Art. 59, FC)
2.
No decree of legal separation shall be based upon z
stipulation of facts or a confession of judgment. (Art. 60
FC)
oY
-
Even if the respondent admitted the allegations in the
petiticn, the decree of legal separation may still be
upheld as valid if it is based on evidence independent
3.
#2 Geampo v. Florenciaiia0,
o, G.R.
B.R. No. No. L-15353.
L-15:353, Febr uary 23, 1960, 107 Phil.J 35
31 Araneta v. Concapeion, GR. to. L-9667, July 31, 1956, 52 O.G. 5185.
126
sexual
or a
third person
to administer
the
absolute
Support Pendente Lite. (Art. 62 in.rel. to Art. 49, FC)
a.
During the:pendency of the action and in the absence
of adequate written agreement between the spouses,
the court shall provide for the support of the spouses
and the custody and support of their common children.
i.
ii.
The order granting support may be enforced either
by 2 writ of execution or by contempt citation.”
A judgment granting support never becomes final;
it may be adjusted or modified according to
financial
spouse’s
the
and
circumstances
capability.”
may
Provisional Separation. After the filing of the petition for
legal separation, the spouses shall be entitled to live
separately from each other. (Art, 61, FC) -
to
This power is limited to acts of administration. The
designated administrator cannot alienate or encumber
the community or conjugal property without the
consent of both spouses or approval of the court.
-
The court shall order the prosecuting attorney to take steps
to prevent coilusion between the parties and to take care
Fo) the evidence is not fabricated or suppressed. (Art. 60,
PROVISIONAL REMEDIES: These provisional remedies
take effect even during the 6-month cooling-off period®*:
right
FC}
of such adn:ission.’!?
E.
no
community of property or conjugal partnership. (Art. 61,
EVIDENCE
1.
has
The court, in the absence of a written
Administration.
agreement between the spouses, shall designate either of
them
Efforts to reconcile the parties may continue even after
the
6-menth cooling-off period.
D.
At this stage, the spouse
intercourse with the other.
-
b.
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.
5 Rules of Court, Rule 61, Section 5.
v, CA, G.R. No. 148510, July 21, 2004.
{
#6 gpez
127
to any share of the net
offending spouse shall have no right
of:
profits, which shall be forfeited in favor
Children below the age of 7 years are deemed to
have chosen the mother,
decided otherwise.
¢.
unless
the
court
has
The common children or,
a.
The court shall also provide for appropriate visitation
rights of the other parent.
of the
If there are no common children, the children
_b.
offending spouse by a previous marriage or
(Art. 63, in
In default of children, the innocent spouse;
rel. to Art. 43, FC)
c.
F.
EFFECT OF DEATH OF EITHER PARTY: An action for legal
separation is purely personal between the spouses. The death
of one party during the pendency of the action causes the death
of the action itself, which must therefore be dismissed. Even if
the action involves property rights, they are merely the effects
3.
of a decree of legal separation and cannot survive the death of a
ren
Custody. The custody of the minor child
FC)
awarded to the innocent spouse. (Art. 63,
take into
However, in awarding custody, the court shall
_
party which occurs prior to a final decree.?"?
shall be
especially
account all relevant considerations,
mnless
choice of the child over 7 years of age,
parent chosen is unfit. (Art. 213)
V.
the
the
:
EFFECTS OF LEGAL SEPARATION
4.
Succession.
The decree of legal separation shall have the following effects:
a.
1.
Marriage Bonds, The spouses shall be entitled to five
separately from each other, but the marriage bonds shall
ding
Intestate/Compulsory Succession — The offen
from the
spouse shall be disqualified from inheriting
FC)
63,
(Art.
sion.
innocent spouse by intestate succes
notbe severed (Art. 63, FC).
The disqualification extends to the legitime.
a.
b.
The obligation of mutual fidelity remains. The spouse
who marries another or has sexual relations with
another may be charged with bigamy, concubinrage or
adultery.
b.
Testamentary Succession —
i
The wife shall continue using her name and surname
employed before legal separation. (Art. 372, CC). She
is not alfowed to revert to her maiden name.>'®
ii.
2,
Property Regime. The absolute community or conjugal
partnership
shall
be
dissolved
and
liquidated
but
the
the
In wills of the innocent spouse made before
decree of legal separation — provisions in favor
spouse shafl be revoked by
of the offending
operation of law, (Art. 63, FC)
the
In wills of the innocent spouse made after
decree of legal separation — the offending spouse
may inherit.
7 Lapuz Sy v. Euferiio, 43 SCRA 177 (1972)
¥8 Laperal v. Republic, 6 SCRA 257 (1962 .
128
129
5.
Support. After the final judgment of legal separation, the
obligation of mutual support between the Spouses ceases.
(Art. 198, FC)
-
However, the court may order that the guilty spouse
shall give support to the innocent one, specifying the
terms of such order. (Art. 198, FC)
-
a.
Donations he or she made in favor of the offending
spouse.
i.
VI. RECONCILIATION
A.
Note
that such post-decree support is not
applicable to declaration of nullity or annulment.
Donations and Insurance, After the finality of the decree
of legal separation, the mnocent spouse may revoke the
following: (Art. 64, FC)
There is no prescriptive period.
ii.
- -
IN GENERAL
1.
the spouses
Definition. Reconciliation is the agreement by
to live together again and resume conjugal life.
2.
How
Effected.
If
the
spouses
reconcile,
a
joint
by
manifestation of reconciliation under oath duly signed
the same
the spouses shail be filed with the court in
Court
proceeding for legal separation. (Art. 65, FC)
approval is not required.
B EFFECTS OF RECONCILIATION (Art. 66, FC)
The revocation is done by filing an action to
revoke the donation, which must be brought within
5 years from the time the decree of legal separation
become final.
and at
The legal separation proceedings, if still pending
whatever stage, shall be terminated.
The final decree of legal separation shall be set aside.
ii.
The revocation shall be recorded in the registries of
property in the places where the properties are
located,
:
iii. Alienations, liens and encumbrances registered in
good faith before the recording of the complaint
for revocation shall be respected.
b.
Designation of the offending spouse as beneficiary in
any insurance policy, even if such designation be
-
of
But the separation of property and any forfeiture
shall
the share of the guilty spouse already effected
subsist.
Exception: if the spouses agree to revive their former
property tegime.
i.
The
agreement
to revive
the
former property
regime shall be under oath and shall specify: (Art.
stipulated as irrevocable.
67, FC)
i.
(1) The properties to be contributed anew to the
The revocation of or change in the designation of
the insurance beneficiary shall take effect upon
restored regime;
written notification thereof to the insured.
130
131
(2) Those to be retained as separated properties of
Chapter 9
each spouse; and
(3) The names of all their known creditors, their
Marital Rights and Obligations
addresses and the amounts owing to each.
-
ii.
Note that although Art. 67 refers to a
revival of the former property regime, the
spouses are effectively free to agree on a
new property regime (different from their
previous regime) because they are allowed
to specify what they will contribute or
retain.
1.
BASIC OBLIGATIONS
The husband and wife are obliged to: (Art. 68, FC)
A.
LivE TOGETHER
The husband and wife shall fix the family domicile. In case
The agreement of revival and the motion for its
approval shall be filed with the court in the same
proceeding for legal separation, with natice to the
creditors named therein. (Art. 67, FC)
of disagreement, the court shalt decide. (Art. 69, FC)
“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, (Art. 69, FC)
ili. After due hearing, the court shall, in its order, take
measure to protect the interest-of creditors and
such order shall be recorded in the proper
registries of properties. (Art. 67, FC)
-
-
The recording shall not prejudice any creditor
not listed or not
A wife may justifiably refuse to live with her husband and
sue for separate maintenance if he maltreats her and
notified, unless the debtor-
spouse has sufficient separate
properties to
satisfy the creditor's claim, (Art. 67, FC)
~The court's order terminating the proceedings or setting
aside the decree of legal separation shall be recorded in
the proper civil registries.
-
Anew action for legal separation may be filed if a new
ground arises. It cannot be based on 2 ground already
pardoned.
However, such exemption shall not apply if the same is
not compatible with the solidarity of the family. (Art.
69, FC)
cohabitation thereby becomes unbearable.’
:4.
Courts cannot force a person to live or cohabit with his
:
cation 320
spouse, as cohabitation is a purely personal obligation.
However,
they
may
impose
sanctions
on
such
person, such as holding him or her liable for support and
damages.” Also, abandonment without justifiable cause
for more than one year is a ground for legal separation.
2 Goitia v. Campos Rueda, 35 Phil. 252 (1916),
0 Arroyo v. Vasquez de Arroyo, 42 Phil. 54 (1821).
21 Arroyo v, Vasquez de Amoyo, 42 Phil. 54 (1921).
132
material
133
5.
tis pessible for a husband to be held criminally liable for
raping his own wife*? In such a case, the subsequent
forgiveness by the wife as the offended party shall
d.
Right of one spouse to object to adoption by the other
e.
Prohibition of donations between spouses (Art. 87,
(Arts. 185, 188, FC); and
FO).
extinguish the criminal action or the penalty.
B.
OBSERVE MUTUAL LOVE, RESPECT AND FIDELITY
11. EXERCISE OF PROFESSION
C. RENDER MUTUAL HELP AND SUPPORT
A. RIGHT
TO
PRACTICE:
.
Either
spouse
may
;
exercise
any
The spouses are jointly responsible for the support of the
legitimate profession, occupation, business or activity without
the consent of the other. (Art. 73, FC)
2.
Likewise, the spouses are jointly responsible
menagement of the household (Art. 71, FC)
-
3.
The expenses for such support and other conjugal
obligations (including household expenses) shall be paid —
I.
family (Art. 70, FC)
a.
b.
¢.
for
the
From the community property,
In the absence of community property, fom the
income or fruits of the separate properties of the
spouses;
If thete is no sufficient income
separate properties.
8.
The other spouse may object only on valid, serious, and
moral grounds. (Art. 73, FC)
DISAGREEMENT: In case
decide whether or not:
Legitimacy
of
defense
of
spouse
a.
as
¢.
the other’™;
Incapacity of one spouse to testify against the other’;
If benefit accrued afier the objection, the resulting
obligation shall be enforced against the separate
property of the spouse who has not obtained consent.
¢.
In =ither case, creditors who acted in good faith shall
not be prejudiced. (Art. 73, FC)
322 See Art. 266-C of Revised Penal Code (as amended by R.A. No. 8353).
32 | Tolentine 343.
32 Revised Penal Code, Ar. 51.
325 Revised Penal Code, Art. 245.
226 Rytes of Court, Rule 123, Sec. 26.
321 See Sempio-Diy 123.
38 See Sempio-Diy 123.
~
134
the
the
b.
a justifying
Increase of penalty in a crime by one spouse against
If the benefit accrued prior to the objection,
resulting obligation shall be enforced against
community property. 27
circumstance;
b.
court shall
Benefit has accrued to the family prior to the objection or
:
thereafter.
The obligation of mutual help andd support is reinforced by
other legal provisions, such as;
a.
the
The objection is proper, and
or fruits, from the
(Arts. 70, 71, FC)
of disagreement,
Chanter 10
apter
IIL. REMEDY
A.
Property Relations
The aggrieved party may apply to the court for relief when onc
of the spouses —
B.
L
Neglects his or her duties to the conjugal union or
2.
Commits acts which tend to bring danger, dishonor or
injury to the other or to the family (Art. 72, FC)
I.
GENERAL PROVISIONS
A.
Relief may consist of admonition or court injunction, on pain
of contempt,
329
However,
[
.
injunction
and
contempt
are
WHAT GOVERNS THE PROPERTY RELATIONS: The property
relations between husband and wife shall be governed in the
following order (Art. 74, FC) —
not
available in case the act involved is purely personal, such as the
duty of cohabitation
B.
1.
By marriage settlements executed before the marriage;
2.
By the provisions of the Family Code; and
3.
By the local custom.
Property regime is the system of
PROPERTY REGIME:
property relations applicable to the spouses. The law allows
the future spouses to select their property regime and, in case
they fail to do so, the law provides for a default or legal
property regime.
1.
As Agreed Upon in the Marriage Settlements — The
future spouses may, in the marriage settlements, agree
upon any of the following regimes™": (Art. 75, FC)
a.
Absolute community of property (ACP) —
i.
it.
b.
w Semplo-Diy 122.
de
30 Arroyo v. Vasquez
yor.
Arovo,
£2
Present and future property are to be owned
common (with exceptions). (Arts. 91, 92, FC)
Expenses are borne by the ACP. (Art. 94, FC)
Conjugal partnership of gains (CPG) —
)
Phil, §
Vasquez de Arroyo, £2 Phil. 34 (1921).
136
1 Summary of the features of the property regimes in ! Reyes & Puno 168-160.
137
in
their
and a woman who intend to get married regulating
ty
proper
property relations during marriage, including the
regime that will govern their present and future
properties.”
i.
Present property continues to be owned by the
respective spouses. (Art. 109, FC)
ii. Future property is separate if acquired gratuitously;
common if acquired by onerous title or at the
comununity’s expense. (Arts. 109, 117, FC)
ii. Fruits and earnings are common. (Art, 106, FC)
iv. Expenses are borne by the CPG. (Art. 121, FC)
¢.
When executed.
General Rule: In order to be valid, the marriage
settlement, as well as the modifications thereto, must
be made before the celebration of the marriage {Art, 76
Once the marriage is celebrated, the
& 77, FC).
property regime may generally no longer be altered.
a.
Complete separation of property —
i.
Present and future property is owned by the holder
or acquirer. (Art. 145, FC)
ii.
Fruits are separate propertyof each owner spouse.
Exceptions (Art. 76):
(Art: 145, FQ)
d.
2.
iii. Expenses are contributed by each spouse according
to stipulation or in proportion to their respective
property or income. (Art. 146, FC)
i.
In cases of legal separation, upon reconciliation of
the spouses, they may agree to revive the former
property regime (Art. 66 & 67, ¥(); and
Any other regime. — This may be any variation or
combination of the features of the foregoing regimes.
ii.
Judicial separation of property, in cases of
abandenment (Art. 128, FC), other grc.nds (Art,
125, FC), or by joint petition of the spouses (Art.
136, FC).
In Default of a Marriage Settlement — In the absence of
a marriage settlement, or when the regime agreed upon is
void, the system of ACP shall govern, (Art. 75, FC)
-
- The Family Code changed the rule under the Civil
Code providing for CPG as the default or legal
property regime. ACP is seen as more compatible with
Filipino custorn than the CPG.
-
The foregoing property regimes are discussed further
9.
of separation of
Extrajudicial agreement
ial agreement) is
pre-nupt
property (cutside a
+
1333
void.
(including
settlement
marriage
The
Form.
FC)
77,
(Art.
be:
must
modification thereof)
a.
In writing; and
b.
Signed by the parties.
in the next chapter.
C.
MARRIAGE SETTLEMENTS
1.
Nature. A marriage settlement, also called ante-nuptial or
pre-nupticl agreement, is a contract entered into by a man
138
.
2 Sg Sempio-Diy 127.
13 Quintana vs. Lerma, 24 Phil, 285; De Luna vs, Linaiac, 74 Phil. 18
139
any
c.
To bind third persons, they must be registered in the
local civil registry where
the marriage
recorded as
properties.
the
well
as
in
proper
the
However, stipulations that do not depend upon
(Art.
valid.
be
celebration of the marriages shall
81, FC) E.g., admission of paternity of illegitimate
child.
-
contract is
registries
of
Note: The marriage settlement is binding as between the
parties even if it is merely in private writing However, for
it to be registered (and be binding to third persons), it must
be in a public instrument.
The effectivity of the property regime stipulated in the
settlement cannot be subjected to a
marriage
suspensive or tesolutory period or condition, because
that would entail a change in the property regime
b.
during the marriage.”
4,
Capacity.
In general, the parties must have capacity to
- enter into contract.
a.
Persons 18 to 21 years old — may execute marriage
settlements, but they shall be valid only if the persons
designated in Article 14 to give consent to the marriage
are also made parties to the agreement, (Art. 78, FC)
Persons under civil interdiction or any other disability
— he/she may also execute marriage settlements, but
they shall be valid only if a court-appointed guardian is
made a party thereto, (Art. 79, FC)
-
The
parent/guardian
must
consent
settlements® (not merely act as witness).
to
the
6.
i.
The property regime commences precisely at the
time of celebration of marriage, and any stipulation
to the contrary is void. (Arts. 88, 107, FC).
ii.
There can be no change in the property regime
after the marriage is celebrated. (see Art. 76, FC)
Validity of Stipulations. Like any other contract, the
stipulations iin the marriage settlement must not be contrary
to “law, morals, good customs, public order, or public
policy.” (Art. 1306, CC)
. a.
Examples of Valid Stipulations:
i.
5.
Condition Precedent.
ii.
a.
Everything stipulated in
consideration of a future
between the prospective
be rendered VOID it the
(Art. 81, FC)
Appointment of ane of the spouses as the
administrator of the property.”
Choice of law applicable to the property relations.
(Art. 80, FC)
the settlements or contracts in
marriage (including donations
spouses made therein), shall
marriage does not take place.
iti. Manner
of
division
b.
the
net
conjugal
Examples of Void Stipulaticns:*>’
385 | Tolentino 383, citing Planiol & Ripert.
4 Mirasol v. Lim, 59 Phil. 701 (1234),
of
community assets upon dissolution.
3%: Heirs of Ayustev. CA, G.R. No. 118784, September2, 1993 {J. Vitug, concuring).
3M Tolentizo 359-360.
=
140
141
or
i.
Stipulation relieving a spouse of marital or parental
,obligations;
ii.
c.
Stipulation for the dissolution of the union;
iii. Stipulation depriving one spouse of the right to
seek lega: separation even when a ground therefor
the extrinsic validity of contracts
entered into in the Philippines but affecting property
situated in a foreign country whose laws require
different formalities for its extrinsic validity.
With
respect
to
exists;
iv. Stipulation prohibiting the surviving spcuse from
v.
D.
-
remarrying;
Stipulation giving administration of the conjugal or
community property to a third party.
This may be considered exception to the general
rule of lex loci celebrationis: “The forms and
solemnities of ccntracts ... shall be governed by
the laws of the country in which they are
executed.” (Art. 17, CC)
CONFLICT OF LAW RULES
1.
General Rule.
a.
II. DONATIONS BY REASON OF MARRIAGE
The spouses may stipulate in the marriage settlement
on which law will be applied to their property
relations.
A.
In the absence of a contrary stipulation in the marriage
settlement, the property relations of the spouses shall
be governed by Philippine laws, regardless of the place
of the celebration of the marriage and their residence.
(Art. 80, FC)
2.
Exception; The general rule
following cases: {Art. 80, FC)
does
not
apply
in
the
respect to the extrinsic validity of contracts
affecting property not simated in the Philippines and
executed in the country where the property is located;
-
1.
Before the celebration of the marriage,
2.
In consideration of the marriage, and
3.
In favor of one or both of the future spouses. (Art. 82, FC)
-
Where both spouses are aliens;
With
NATURE AND REQUISITES: Donations by reason of marriage
(also known as donations propter nuptias) are those donations
which ere made —
Donations excluded are those (a) made in favor of the
spouses afier the celebration of marriage; (b) executed
in favor of the future spouses but not in consideration
of the marriage; and (c) granted to persons other than
the spouses even though they may be founded on the
marriage.
B.
GOVERNING LAW: These donations are governed by the rules
on ordinary donations (Title III of Book III [Arts. 725-773] of
The same rule applies on intrinsic validity, as
“Real property as well as personal property is
susject to the law of the country where
situated,” (Art, 16, CC)
142
it is
4 Serrano v, Solomon, 105 Phil, 995 (1959),
143
the Civil Code), insofar as they are not modified by the Family
Code. (Art. 83, FC)
1.
Thus, the
followed.
C.
formalities
of ordinary
donations
must
If the donation propter nuptias is made by the future
or
spouse — he or she cannot donate more than 1/5 of his
her present property. (Art. 84, FC)
be
The rules on acc eptance under Arts. 748 and 749, CC,
must be followed. (Note that under Art. 129, CC, express
acceptance
is not necessary,
but this provision
was
Any
not
excess shall be considered void. (Art. 84, EC)
Principal modifications of the general rulesof donations:
If the donation propter nuptias is made by a third party —
the donation may comprehend all the present property of
the donor, or part thereof, provided that:
a.
a.
Donor reserves (in ownership or usufruct) sufficient
property for the support of himself or his relatives
:
entitled to kis support; (Art. 750, CC) and
b.
Legitimes are not impaired. (Art. 752, CC)
incorporated by the Family Code.)
3.
EXTENT
Ordinary Donations — no limit except that donor must
respect the legitimes and must reserve enough for
support;
Donations Propter Nuptias — if meade by the future
spouses to each other, they cannot exceed 1/5 of the
donor’s present property,
D.
b.
¢.
Ordinary Donations — cannot include future property;
Donations Propter Nuptias — may include future
property. Such donations of future property shall be.
governed by the provisions on testamentary succession
and the formalities of wills. (Art. 84, FC)
Ordinary Donations — the causes for revocation are:
(i) appearance of children; (ii) non-compliance with
conditions; and (iii) ingratitude.
Donations Propter Nuptias —
the causes for
revocation are as stated in Art. 86, FC, namely: (i) noncelebration or declaration of nullity of the marriage;
(ii) lack of parental consent; (iii) annulment of
marriage,
with
the
donee
in bad
faith;
ENCUMBRANCE
Donations by reason of marriage of property subject to
encumbrances shall be valid. (Art. 85, FC)
In case of foreclosure of the encumbrance —
a.
If the property is sold for less than the total amount of
the obligation secured, the donee shall not be liable for
the deficiency.
b.
If the property is sold for more than the total amount of
obligation, the donee shall be entitled to the
said
excess. (Art. 835, FC)
(iv) legal
sepration, with the donee as the guiity party; A)
fulfillment of resolutory condition; and (vi) ingratitude.
Note that appearance of children is not a cause for
revocation.
144
145
E.
REVOCATION
1.
or of his
authority;
Revocation by Donor.
A donation by reason of marriage
ii.
may be revoked by the donor in the following cases: (Art.
If the marriage is not celebrated
declared void ab initio, except —
i.
il.
or
When the marriage takes place without the consent of
the parents or guardian, as required by law;
If the donee imputes to the donor any criminal
though he should prove it, unless the crime or the
act has been committed against the donee himself,
his wife or children under his authority;
iii. If the donee unduly refuses him support when he is
legally or morally bound to give support to the
donor.
judicially
Donations made in the marriage settlements —
automatically rendered void if marriage does not
take place (Art. 81);
If marriage is judicially declared void, and donee is
the guilty spouse while donor is the other
(innocent) spouse ~ revoked by operation of law
(Art, 50, in rel. to Art, 43[3]).
parental
:
his
under
offense, or any act involving moral turpitude, even
86, FC)
a,
or children
wife
2.
)
.
io
Prescriptive Period for Action for Revocation:
a.
379
In case of legal separation, where the donee is the
guilty spouse — within 5 years from the finality of the
decree of legal separation (Art. 64, FC);
If marriage is not celebrated or declared void ab initio
— 10 years if written (Art. 1144 [1], CC); 6 years if oral
(Art. 1145 [1], CC);
When the marriage is annulled, and the donee acted in
:
bad faith;
-
If donor is the other (innocent) spouse, donation is
revoked by operation of law. (Art, 50, in rel. to
Art. 43[3), FC)
If marriage takes place without the required parental
consent — 4 years, being an injury not founded upon
contract (Art. 1146 [1], CC);
If the resolutory condition is not complied with — 10
years if written (Art.
Upon legal
spouse;
separation,
the donee
being
the guilty
(Art. 1145 [1], CC};
.
If it is with a resolutory condition and the condition is
complied with,
When the donee has committed an act of ingratitude
as specified in Art. 765 of the Civil Code, namely:
i.
1144 {1], CC); 6 years if oral
If marriage is annulled - 4 years, being an injury not
founded upon contract {Art. 1146 [1], CC);
If donee committed an act of ingratitude — | year from
the donor's knowledge of the fact (Art. 769, CC).
Ii the donee should commit some offense against
tie person, the honor or the property of the donor,
146
1s Sempio-Oiy 141, citing | Reyes and Puno.
147
3.
The foregoing rule applies “if the future spouses agree
upon a regime other than. the absolute community of
Revocation by Operation of Law: There is no need for
action for revocation in the following instances, where the
donation is deemed revoked by operation of law —
a.
When
a subsequent marriage
property.” (Art. 84, FC) In ACP, there is no need for
the rule because the properties of
will become jointly owned anyway.
excepticn is if the parties agree to
that the donated property is to be
case the ceiling of 1/5 should
circumvention of the law.
is contracted by one
whose spouse has been declared presumptively dead, if
the donee had contracted the marriage in bad faith.
(Art. 43[3], FC)
b.
When a marriage is declared void ab initio or annulled,
and the done: is the guilty party. (Art, 50, in rel. to Ast.
433] and 44, FC)
-
c.
d.
The first two instances apply when the donor is the
inhocent spouse. If the donor is a third party, an
- action for revocation would be needed.
2.
a.
Exception: Moderate gifts which the spouses may give
each other on the occasion of any family rejoicing,
{Art. 87, FC)
Whether the gift is moderate depends on the
circumstances of the party (economic status). The
burden of proving that the gift is immoderate is on
-
If the donation is subject te suspensive condition and
the party assailing the donation.**
the condition does not take place.
The same prohibition shall also apply to persons living
together as husband and wife without a valid marriage.
Persons living together outside of
(Art. 87, FC)
marriage should not be better off than married
In the foregoing cases, assuming the property is
not returned despite the revocation, the donor may
still have to file an action to recover the property,
but the prescriptive period would be longer. (see
persons.”4
Arts. 1140 & 1141, CC)
F.
DONATIONS BETWEEN SPOUSES
1.
Before the marriage (in the marriage settlements) — The
future spouses cannot donate (inter vives) to each other in
their marriage settlements more than 1/5 of their present
i.
[+N
.
i.
spouse
To prevent the weaker
343
influenced by the stronger spouse”,
#0 Harding v. Commercial Union Assurance Co., 38 Phil. 464 (1918).
¥1 Matabuena v. Cervantes, 38 SCRA 284 (1871).
M2 Sempio-Diy 142.
148
L342
Reasons for the prohibition against spousal donation:
property. Any excess shall be considered void. (Art. 84,
FC)
spouses
possible
stipulate
in which
prevent
During the marriage — Every donation or grant of
gratuitous advantage (e.g., usufruct or commedatum),
direct or indirect, between the spouses during the marriage
shall be void. (Art. 87, FC)
‘When the donation is made in the marriage settlement,
and the marriage does not take place. (Art. 81, in rel. to
Art. 86[1], FC)
-
the future
The only
ACP but
excluded,
apply to
149
from
being
ii. To protect creditors;
ii. To prevent an indirect modification of the marriage
settlement during the
allowed. (Art. 76, FC)
marriage,
which
is
The prohibition covers “indirect” donation, which
would include a donation by the spouse to his or her
stepchild ot of other person of whom the other spouse
is presumptive heir. This would be a circumvention of
the prohibiticn, and nat allowed.***
The prohibitio1 applies to donations inter vivos, and
not to donations mortis causa, which are governed by
the rules on testamentary succession.>**
Who may question the validity of the donation — the
donor or his heirs, or any person prejudiced by the
donation.
G.
SALE BETWEEN SPOUSES:
Chapter 11
not
For the same reasons that spouses
cannot donate property to each other, they are also prohibited
from selling property to each other. (Art. 1490, CC)
Property Regimes
I
SYSTEM OF ABSOLUTE
A.
GENERAL PRINCIPLES
Nature, In this regime, the husband and the wife are joint
owners of all the properties of the marriage. In general, all
properties owned by the spouses at the time of the
celebration of the marriage (present property) or acquired
thereafter (future property) form a common mass. After
dissolution: of the marriage, this common mass is divided
between the spouses equally or in the proportion agreed
upon, irrespective of the value each one may have
originally owned.” (Art. 91, FC)
Advantages and Disadvantages. ACP is simpler than
the CPG. It is also more in accordance with the ideals
of solidarity and common family life. However, it'is
generally less favorable to the wealthier spouse who
brings more property into the marriage.
-
Legal Regime. ACP is the legal regime under the Family
Code. This means that for marriages celebrated after the
Family Code took effect, ACP will govern if the parties do
not agree on another property regime in the marriage
settlement, or if their agreement is void. (Art. 75, FC)
-
3
34
35
¥%
Matabuena v. Cervantes, 33 SCRA 284 (1971).
See Art. 134 of the Civil Code,
See Serrana v. Solomon, 105 Phil. 938 (1958),
Calimiim-Carullas v. Fortun, 214 Phil. 593 (1984); Ching v. Goyanke, Jr, G.R. No. 165879,
November 10, 2008,
Before the Family Code, the legal regime is conjugal
:
partnership of gains.
7] Tglentina 379.
150
OF PROPERTY
(ACP)
The only exceptions are: (1) when a separation of property was
agreed upon in the marriage settlements; or (2) when there has
been a judicial separation of property. (Art. 1490, CC)
The prohibition also applies to persons living together as
husband and wife without a valid marriage (“common-law”
relationships). 346
COMMUNITY
151
inter
In ACP, a spouse’s interest is not alienable
ii.
3.
Commencement. ACP shall commence at the precise
moment that the marriage is celebrated, Any stipulation,
express
or
bo
implied,
for
the
commencement
of
VIVOS;
In co-ownership, a co-owner's interest is freely
alienable;
the
regime at any other time shall be void. (Art. 88
iii. In
ACP,
a
spouse
generally
cannot
demand
partition without cause;
Tn co-ownership, a co-owner may demand partition
at will.
Waiver, No waiver of rights, shares and effects of the
ACP during the marriage can be made. (Art, 89, FC) This
1s to protect a spouse from undue influence.
RB.
“a
Exception: In case of judicial separation
s
i
of
pri
(Art. 83, FC)
b.
WHAT CONSTITUTES COMMUNITY PROPERTY
.
propery
1.
Form. The wiiver (either during the marriage upon
Judicial separation of property, or after dissolution or
annulment of the marriage) shall appear in a public
Instrument and shall be recorded in the local civil
registry where the marriage is recordedas well as in
the
TOper
registries
of
ty.
P
p rGper
Art, + 89
rel. . to
Art
2.
t of ALL
In General. The community property shall consis
of the
the property owned by the spouses at the time
red
acqui
or
rty)
prope
celebration of the marriage (present
thereafter (fiture property). (Art. 91, FC)
ge is
Presumption. Property acquired during the marria
proved
presumed to belong to the community, unless it is
FC)
that it is one of those excluded therefrom. (Art. 93,
a.
C.
Remedy of Creditors. The creditors of the spouse who
For this presumption to apply, it must be proven that
the property in question was acquired during the
made such waiver may petition the court to rescind the
marriage.”
their credits. (Art. 89, FC; Art. 1052, CC)
-
waiver tc the extent sufficient to cover the amount of
Rules of Co-ownership. The provisions on co-ownership
shall apply to the ACP in all matters not provided for by
the Family Code. (Art. 90, FC)
-
Distinction between ACP and ordinary co-ownership:
i.
:
It is not sufficient that the property is registered in
the name of “X, married to Y,” for the property
may have been acquired by X while still single,
and registered only after marriage.’ The clause
“married to Y” is merely descriptive of X’s civil
status at the time the property was registered in Xs
name.
ACP involves only 2 parties (husband and wife);
Co-ownership
may
Owners;
involve
any
number
of co-
of Jugalbot v. Court of
Spouses Estonina v. Court of Appeals, 334 Phil. 577 {1937}; Heirs
Appeals, G.R. No. 170348, March 12, 2007.
Ruiz v. Court of Appeals, 401
9 Spouses Estonina v. Court of Appeals, 334 Phil. 577 (1897);
17346, March. 12, 2007
No.
GR.
Appeals,
of
Court
v.
SCRA 410 (2003); Heirs of Jugalbot
152
153
b. The presumption is not rebutted by the mere fact that
of ene of the spouses only.>” (Art.
C.
The
-
the deed of sale or the certificate of title is in the name
d.
2.
Property acquired during the marriage by gratuitous
title (gifts or inheritance) by either spouse, and the
Sruits and income thereof,
Unless the donor, testator or grantor expressly
provides that they shall form part of the
communit 7 property, (Art. 92, FC)
Property
II.
for personal
and
exclusive
use
¢.
Property excluded by the marriage settlements (Art.
However,
jewelry
shall
form
community property. Art. 92, FC)
Conversion. If an exclusive property is later sold or
exchanged, the price or the newly-acquired property
153
remains exclusive.
CONJUGAL PARTNERSHIP OF GAINS {CPG)
GENERAL PRINCIPLES
1.
part
of
the
Property acquired before the marriage by either spouse
who has legitimate descendants by a former marriage,
and the fruits and income thereof. (Art. 92, FC)
-
be
of either
Spouse.
-
pecessatily
91, FC)
A.
b.
not
her lifetime.”
ACP:
-
will
may be disposed of by the owner-spouse in his or
Excluded. The following properties are excluded from the
a.
property
inherited by the children of the first marriage; they
116, FC)
WHAT CONSTITUTES EXCLUSIVE OR RESERVED PROPERTY
I.
reserved
Nature.
In CPG, the husband and wife place in a common
fund: (a) the proceeds, products, [fruits and income from
their separate properties; (b) those acquired by either or
both spouses through their efforzs; and (c) those acquired
by either or both spouses by chance. Upon dissolution of
the marriage or of the partnership, the net gains or benefits
obtained by either cr both spouses shall be divided equally
between them, unless otherwise agreed in the marriage
settlements. {Axt. 106, FC)
The rule is intended to protect the rights of the
The spouses are not co-owners
During the existence of the
spouses has a mere expectancy
CPG property, which does not
legitimate descendants of the first marriage, who
may be prejudiced should the properties of the first
marriage be merged with the properties of the
second marriage.*!
until the dissolution of the CPG and there are assets
3% Flores v, Escudero, 92 Phil. 786 (1853); De Guinoo v. Court of Appeals, 97
Mendczav. Reyes, 124 SCRA 164 (1983),
of the conjugal assets.
marriage, each of the
of inchoate right to the
vest or ripen into title
Phi
Ppest, ST Fi 255 (855)
left after its liquidation
;
and
settlement.”
Thus,
El Sempio-Diy 150. Legally, it is not possible for the surviving spouse to bring into the second
marriage more than his egal share in the properties of the first marriage. For practical purposes,
2 | Tolentino 386.
however, there may be cifficufes in segregating the properties of the first marriage and of the
second marriage.
’
32 | Tolentino 386.
34 Nable Jose v, Nabe Jose, 41 Phil. 713 (1916); Madrigal v. Refferty, 38 Phil. 414 (1918).
154
*
155
a
creditor of the husband cannot attach or levy on onehalf of his joint bank account with his wife.>*
ACP — upon dissolution and fiquidation of the ACP,
the spouses divide the ner remainder of the ACP
b.
properties;
:
CPG - upon dissolution and liquidation of the CPG,
the spouses divide the net gains of the partnership,
while the separate properties of the spouses are
Advantages and Disadvantages.
CPG is more
complicated than the CPG and less consistent with the
ideals ¢f solidarity and common family life. However,
it is generally protective of the wealthier spouse who
has more property upon entering into the marriage.
returned to them respectively.
Commencement.
4.
2.
3.
5.
Waiver. No waiver of rights, shares and effects of the CPG
"during the marriage can be made. (Art. 107 in rel. to Art.
89, FC) This is to protect a spouse from undue influence.
Before the Family Code, CPG was the legal regime
or the governing regime in the absence of any
agreement by the parties.
ACP time of
CPG ~
of the
property.
a.
Exception: In case of judicial separation of
(Art. 107 in rel. to Art. 89, FC)
b.
Form. The waiver (either during the marriage upon
judicial separation of property, or after dissolution or
annulment of the mariage) shall appear in a public
instrument and shall be recorded in the local civil
registry where the marriage is recorded as well as in
the proper registries of property. (Art. 107 in rel. to
Distinction Between ACP and CPG.>*
a.
at the precise
88, FC)
CPG’s already established before the effectivity of the
Family Code
without prejudice to vested rights
already acquir;:d in accordance with the Civil Code or
other laws, as provided in Article 256. (Art. 105, FC)
-
commence
express or implied, for the commencement of the CPG
regime at any other time shall be void. (Art. 107, in rel. to
apply in the following cases:
When the future spouses agree in the marriage
settlements that CPG shall govern their property
relations; and
shall
moment that the marriage is celebrated. Any stipulation,
When Applicable. The Family Code provisions on CPG
a.
CPG
Art. 89, FC)
all the properties owned by the spouse at the
the marriage become community property;
the properties owned by the spouse at the time
marriage remain separate property; only the
¢.
fruits 2nd income thereof become community property;
Remedy of Creditors. The creditors of the spouse who
made such waiver may petition the court to rescind the
waiver to the extent sufficient to cover the amount of
their credits (Art. 107, in rel. to Art. 89, FC; Art. 1052,
cao).
6.
#5 See Quintos de Ansaldo v. Sherifof Manila, 64 Phil. 115.
Rules of Partnership. CPG shall be governed by the rules
on partnership in all that is not in conflict with the
35% Sempio-Diy 176-177.
156
157
provisions of the Family Code or the marriage settlements
(Art. 108, FC).
a.
Thus, husband and wife are liable for conjugal
obligations “with their separate properties if the
conjugal assets are insufficient.’* But such liability of
the spouses is solidary (Art. 121, FC), unlike in
ordinary partnership where such liability is pro rata
(Art. 1816, FC).
b.
vii. In CPG, there can be no division of profits until
after dissolution;
In ordinary partnership, there can be division of
:
profits without dissolution.
B.
WHAT CONSTITUTES CONJUGAL PROPERTY
1.
CPG Properties. The following are ‘conjugal nartnership
properties — (Art. 117, FC)
Distinction between CPG and ordinary partnership.**
a.
CPG has no juridical personality;
Ordinary partnership has juridical personality;
Those acquired by onerous title during the marriage
at the expense of the common fund, whether the
acquisition be for the partnership, or for only one of the
spouses
ii.
CPG involves only 2 parties (husband and wife);
Ordinary partnership may involve any number of
i.
partners;
iil. CPG
corimences
at
the
precise
moment
the
at any
time
the property is looked into.**”
marriage i; celebrated;
Ordinary partnership commences
agreed upon by the partners;
CPG is generally regulated by law;
Ordinary parinership is generally
regulated
by
agreement;
CPG is not particularly for profit;
Ordinary partnership is usually for profit;
vi.
In CPG, profits are generally divided equally
between the spouses;
In ordinary partnership, profits are usually divided
according to contribution;
Property purchased with conjugal funds during the
marriage is considered conjugal property. Only the
origin of the money invested or used in acquiring
ii.
In the absence of proof, it is presumed that the
funds used were conjugal.’
paraphernal
with
partly
acquired
iii. Property
with
partly
and
wife
the
of
funds
(exclusive)
both
to
belong
to
conjugal funds is held
patrimonies in common, in proportion to the
contributions of each to the total purchase price.’
iv. In a life insurance policy with the insured person’s
estate as beneficiary, the proceeds are considered
conjugal if the premiums were paid by the conjugal
partnership. If the premiums were paid partly with
39 Rivera v. Batallones, (CA} 40 C.G. 2090, cited in | Tolentino 439,
37 PNB v. Quintos, 46 Phil, 70.
3% Zylueta v. Pan-American World Airways, G.R. No. L-28589, January 8, 1873.
1 Castillo v. Pasco, G.R. No. L-16857, May 28, 1964.
58 Semplo-Diy 177-178.
158
159
paraphernal
and
partly
conjugal
funds,
proceeds are in like proportion paraphernal in part
and conjugal in part?
v.
ed
such property are of a special type and deriv
intellect.
from the author or inventor's gemius or
the
=
However, trademarks and goodwill are simply
considered accessories to a business, so That they
are owned by whoever owns the business.
In loans secured by mortgage on the exclusive
property of a spouse, the proceeds are conjugal if
.
the debt will be an obligation of the CPG™® (i.e,
with the consent of both spouses, or will redound
intellectual property
to the bénefit of the family).
Those obtained from the labor, industry,
profession of either or both of the spouses;
Examples
salary,
honoraria,
one
The fruits (natural, industrial, or civil) due or received
during the marriage from the common property, as well
as the net fruits from the exclusive proneviy of each
spouse;
In case of fruits from exclusive property, necessary
and indispensable expenses must be deducted first
therefrom; the remainder or net fruits go to the
shouldered by the owner-spouse**
i.
during
conjugal.
vi. If an exclusive property is converted to a totally
different kind of property fe.g., nipa swamp to
fishpond) during the marriage, the converted
property is conjugal, but the owner-spouse has the
right to be reimbursad for the value of the original
property. Exception: the converted property will
remain exclusive if it can be proved that the
expenses
of
conversion
were
exclusively
b.
:
- Butall bonafits or camings ee
CPG.
work
professional
or
fees,
business i\come, bonus, commissions, pensions or
retirement pay.
:
ii.
In case the exclusive property is unlawfully
possessed or detained by a third party, damages
recovered from the latter are conjugal, since the
CPG would have profited from the property had it
not been unlawfully detained >
Social
to the
The share of either spouse in the hidden treasure
which the law awards to the finder or owner of the
property where the treasure is found;
iii. Intellectual property such as copyright and patent
Those acquired through occupation such as fishing or
hunting;
ii.
However, money received under the
Security Act is not conjugal but goes
designated beneficiary.’
belong
exclusively to the author or inventor,
as
2 Bank of the Philippine Islands v. Posadas, 56 Phil. 215 (1931).
3 See Castillo, Jr. v. Pesgo. G.R. No, L-16857, May 29, 1964,
3 Vig v. Montemayor, 21 PRE. 288.
6 | Tolentino 444, citing Planiol & Ripert.
37 | Tolentino 444, citing Plano & Ripert.
38 Bismorta v. Aldecoa, 17 Phil. 480.
38 Tecson v. $56, 3 SCRA 738.
160
161
f.
Livestock
existing
partnership
in excess
upon - the
dissolution
of the number
of
of each
brought to the marriage by either spouse; and
g.
of he
be strict proof of the exclusive ownership of one
.
t
spouses (particularly when invoked agains
the
kind
parties or creditors of the CPG), and the burden o
proof rests upon the party asserting it.
pose which are acquired By chance, such as winni
ngs
i.
The presumption is not rebutted by the mere
fact
rom gambling or betting.
-
that the deed of sale or the certificate of title is in
However, losses from gambling or betting shall be
the name of one of the spouses only. (Art. 116,
FC)
borne exclusively by the loser-spouse.
Presumption. All property acquired during
the marriage, . |
whether the acquisition appears to have
been made,
contracted or registered in the name of one
or both spouses,
is presumed to be conjugal unless the contrary
is proved.
(Art. 116, FC)
a.
:
With this presumption, it would not be neces
sary to
prove that the property was acquired with CPG
funds.
For this presumption to apply, it must be proven that
ii.
fe
ne seid ne
on
we
or
It is not sufficient that the property is registered in
the name of “X, married to Y,” for the proper
ty
may lave been acquired by X while still single,
-
Moreover, when the property = registered in
the name of only one spouse and there is no
showing as to when the property was acquired
by same spouse, this may be an indication that
the property belongs exclusively to the said
|
spouse.*™
:
When the question is exclusively between husband
and wife, or between one of them and the heirs of
spouse that the money used to purchase the
property came from the other spouse, is evidence
against the party making the admission or his
and r:gistered only after marriage*™ The clause
¢.
However, in case of registered land, a third
party who buys the property in good faith may
rely on what appears on the title.
the other, the admission or acknowledgment of one
“married to Y” is merely descriptive of X's
civil
status at the time the property was registered in
X's
name.
i
:
-
heirs.
15
The presumption may be rebutted only with
strong,
clear, categorical and convincing evidence, There
must
Ll
G.R. No. 160762, May 3, 2008.
*
Com Spousss Estonina v. Court of Appeals, 334 Phil, 577
(1967); Heirs of Jugalbot v. Court of
Appeals, G.R. No. 170346,
March 12, 2007.
#10 Spouses Estoninz v. Court of Appeals, 334 Phil.
577 (1987); Ruiz v. Court of Appeals, 40m
SCRA 410 (2003);
Firs of Jugalbot v. Court of Appeals, G.R. No. 170348, March
12, 2007.
i Foo
leer
mor
az phi 78 {1953}; De Guinoo v. Court of Appeals, 87 Phil. 235 (1955);
Reyos, 124 SCRA 154 (1683).
Natori Bank v. Cour of Appeals, 153 Sem pe i on
3M Philippine National Bank v. Court of Appeals, 153 SC a
215 Det Mundo v. Court of Appeals, G.R. No. L-25788, Aprii
162
163
30,
1980.
.
_ced by the
spouse, whenever they have been adva
C. WHAT CONSTITUTES EXCLUSIVE PROPERTY
1.
CPG. (Art. 114, FC)
Exclusive Properties. The following shall be the exclusive
property of each spouse: (Art. 109, FC)
a.
gratuities,
iii. Retirement benefits, pensions, annuities,
ned by
usufructs and similar benefits shall be gover
as
the rules on gratuitous or onerous acquisitions
That which is brought to the marriage as his or her
may be proper in each case. (Art. 114, FC)
own.
i.
If the property brought into the marriege is
encumbered or mortgaged, it remains tc be
exclusive even if the CPG pays. off the mortgage
credit. CPG has merely the right of reimbursement
.
from the owner spouse.”
ii.
awarded
iv. Moral damages (for injured feelings, etc.)
or
tory
ensa
Comp
to a spouse are exclusive.
are
actual damages (e.g, for lost earnings)
conjugal.”
Property alienated by a spouse before the marriage
but reacquired during the marriage because of
annulment or rescission of the contract or because
of revocation of donation — exclusive.”
c.
b.
That which each spouse acquires ‘during the marriage
by gratuitous title (donations or inheritance);
1.
Where property is donated or left by will to the
spouses,
determinate
jointly
and
shates, such
with
designation
designated
share
, by
That which is acquired by right of redemption
only
to
ging
belon
barter ot by exchange with property
one of the spouses;
i.
of
shall
.
pertain to the donee-spouses as his or her own
exclusive property. (Art. 113, FC)
ii.
-
ii.
In th absence of designation, spouses shall
share equally, without prejudice to the right of
accretion when proper. (Art. 113, FC)
If the benefits arc given out of pre liberality,
a
they are exclusive. If the benefits represent
es of
return on the sums deducted from salari
the spouse, they are conjugal *™®
sive
The property redeemed will be the exclu
of
oroperty of the spouse who owned the right
price,
ption
redem
the
If CPG paid
redemption.
limited to reimbursement only.
is
CPG’s right
sive
Properties owned by a spouse (as exclu
said
property) in co-ownership with others — if
ners
co-ow
her
or
spouse acquires the shares of his
is
by right of redemption, the acquired share
If the donations are onerous, the charges shall be
bome by the exclusive property of the donee
#78 Bowers v. Roxas, 68 Phil. 626 (1940).
]
)
iiroad Company, 62 Phil. 56 (1 935). !
i
ili
d Company, 62
Railroa
Manila
v.
Lilius
also
See
ns:
" echo pr American decisio
37 | Tolentine 417, citing Cuan decision.
oy
Phil. 56 (1335).
581 Santos v. Bartolome, 44 Phil. 76 (1922).
17 Santos v. Bartolome, £4 PH, 76 (1922).
164
165
exclusive.
rived of its
und that the CPG would be dep
gro
fruits.
If acquired by purchase, it depends cn
the source of the funds.’
efforts of the spouse, the increase is conjugal. If
increase is “unearned” (due to time or general
v.
Increase
in
exclusive
38
value
I
of
real
prope: ty
3
it
e in court to litigate with
A spouse may appear alon
property. (Art. 111, FC)
regard to his or her exclusive
b.
iv, Increases in value of exclusive property — if
increase is due to investment by CPG or through
Either spouse may, during
Transfer of Administration.
inistration of his or her
the marriage, transfer the adm
other by means of a public
exclusive property to the
e
registry of property of the plac
instrument, recorded in the
3.
remains
FC)
the property is located. (Art. 110,
i
of destroyed, the
if exclusive property 1sany,burned
are also exclusive. If
ance proceeds, if
exclusive property is expropriated, the indemnity
exclusive property of a
BUT the alienation of any
the other automatically
spouse administered by
over such property and
terminates the administration
to the owner-spouse.
the proceeds shall be tuned over
(Ar. 112, FC)
a.
or compensation is also exclusive.*
That
: which is purchased with exclusive money of
wife or of the husband. (Art. 109, FC)
y
ole
-
It is immaterial who made
whose
name
the
purchased
property
does not mean that the
Transfer of administration
of the property. Thus,
administrator becomes owner
wer for the
attached to ans
the property cannot be
T
Ls
b.
the purchase, or in
was
registered, or who possessed the property.>
2.
.
.
r § ouse.
obligations of the administrato
P
#
’
i on and AdminiLsstration. The spouses retain
Sole Disi positi
the ownership, possession, administration and enjoyment
(Art. 110, FC)
of their exclusive properties.
a.
i
encumber or dispose
of his or her
exclusive property, , without the consent of the oth
spouse. (Art. 111, FC)
oe
A
spouse
mayz
The owner-spouse cannot be enjoined on from
the
ive property
alienating his or her exclus
[3
D.
NG JF PROPERTY
SPECIAL RULES IN DETERMINI
IVE
1s CONJUGAL OR EXCLUS
1.
instaliments which is paid
Rule on property bought on
either or both spouses and
partly from exclusive funds of
partly from conjugal funds —
a.
spouse if full ownership
Property belongs to the buyer
;
was vested before the marriage
b.
Property belongs to the CPG
vested during the marriage.
82
i
| | Tolentino
Sento 420,
420, citing ig De Busan and Colini & Capitant.
).
15 Parez v. De Perez, 168 Phil. 654 (1860
).
(1908
263
Phil.
11
ez,
Marqu
v,
7 pvaran
i" I Sempio-Diy, citing 9 Manresa 567.
See Consunji v. Tisca, 15 Phil. 81.
166
167
if such ownership was
‘i.
In either case, any amount advanced by the
partnership or by éither or both spouses shall be
reimbursed by the owner upon liquidation of the
partnership. (Art. 118, FC)
ii.- Note
REASE IN VALUE >
(COST OF IMPROVEMENT + INC
AT THE TIME OF
VALUE OF PRINCIPAL PROPERTY
IMPROVEMENT),
value of the
Subject to reimbursement of the
time of the
the
property of the owner-cpouse at
improvement.
-
that in most cases, installment sales of real
property are actually contracts to sell, in which title
does not vest until full payment of the purchase
price.
iii. If the property is bought on installments using only
the exclusive funds of the buyer-spouse, the
property is exclusive (Art. 109{4], FC), regardless
when the cost of the
To the original owner-spouse,
partnership and
improvement made by the conjugal
DOES NOT
are
any resulting increase in value
at the time of the
EXCEED the value of the property
improveraent
“of the date when ownership vested.
(CosT
2.
Rule
on credits
and
interest.
“Whenever an amount
or
credit payable within a period of time belongs to one of the
spouses —
a.
property.
b.
3.
The interests falling due during the marriage
belong to the CPG. (Art. 119, FC)
(Art. 120, FC)
a.
To the conjugal partnership, when the cost of the
improverient made by the conjugal partnership and
any resulting increase in valve EXCEED the value of
tne property at the time of the improvement.
168
IN VALUE
=
AT THE TIME OF
:
of the cost of
Likewise subject to reimbursement
the improvement.
property
1p either case, the ownership of the entire
-
t, which
shalt be vested upon the reimbursemen
dation of the
shall be made at the time of the liqui
conjugal partnership. (Aft. 120, FC)
shail
Rule on improvements on separate property.
Where
improvements (whether for utility or adornment) are made
on the separate property of one spouse, at the expense of
the partnership or through the efforts of either or both
spouses, the ownership of such improvements pertain —
+ INCREASE
VALUE OF PRINCIPAL PROPERTY
IMPROVEMENT),
.
The partial payments or installments on the principal
collected during the marriage shall be exclusive
OF IMPROVEMENT
-
gs to
Example: Land valued at P2 million belon
d at P.5
husband. CPG constructs a building value
the land and
million, so that the combined value of
ver, as 2
the building equals P3.5 million. Howe
property
result of the improvement, the improved
on, for
milli
P4.5
at
(land plus building) gets valued
since the
an increase in value of P 1 million. Now,
on) and the
CosT OF IMPROVEMENT (P1.5 milli
total of P2.5
(or
INCREASE IN VALUE (P1 million)
million)
PROPERTY
exceed
the
AT THE TIME
169
VALUE
OF
PRINCIPAL
OF IMPROVEMENT
P2
ii.
million), the land will become the property of the
the
with
CPG,
right
of
husband.
HI. RULES COMMON
A
reimbi
reimbursement
riage by either spouse
contracted during the mar
other to the extent that
without the consent of the
efited; (par. 3)
the family may have been ben
for the
riage (antenuptial debts)
iii. contracted before the mar
ounded to
they have red
by either spouse insofar as
. 7}
the benefit of the family; (par
TO ACP AND CPG
CHARGES AND OBLIGATIONS OF THE ACP /CPG:
Th
ges upon and obligations of the ACP and of the CPG are
.
.
.
similar, coop
inte
except for
| a couplple of differenc
i
es which will be
t be pro’ -2d only if the
(1) Benefit to the fatnily mus
by both spouses.
debt was pot consented to
of proving that the
The creditor has the burden
ily.
debt was for the benefit of the fam
he ovlgadions - may be categorized - into primary and
ay: , Primary obligations are those for which the
P G is directly liable. Secondary obligations ar
a
personal obligations of either spouse, for which the AChR
ey be held liable only in case the separate property of th
or-spouse is insufficient. Payments by the ACP/CPG of
H
such secondary cbligati
are
gations
on
Pri mary
eo
b.
ligati
Obligations.
The ACP/CPG
shall be liable for
Pp
Support
of the
he s spouses, theiri common childr
legitimate children of either spause; (par. 1)
on ond
Debts —
1.
the benefit of the family.”
use merely acts as a
(3) On the other hand, if a spo
he or she does
guarantor or surety for another,
family as the
not act for the benefit of the
:
d party >
benefit is ciearly intended for a thir
igations or expenses listed below. Jf the ACP/CPG is
cient, the spouses shall be soflidarily liable for the
,
thei
balance with
unpai
ith their separate properties. (Arts. 94,
121, dFC)
a.
on, the debt is for
her own business or professi
considered advances to the
debtor-spouse.
1.
debt as the principal
(2) If a spouse contracts 2
recipient of the
obligor, ie., as the direct
in or for his or
money and services to be used
contracted during the marriage
:
(1) by the designated administrator-spouse for the
benefit of the ACP/CPG, or
(2) by both spouses, or
pigs
(3) by
one s pouse with
i the consent of the other;
‘
170
c.
t —
Expenses for Self-Improvemen
spouse to commence of
i. Expenses to enable either
vocational course, or
complete a professional or
ment, (par. 6)
other activity for self-improve
promised by both
ii. Value of what is donated or
timate
favor of their common legi
spouses in
pose of commencing
children for the exclusive pur
11, 2005.
v. Dailo, G.R. Na. 153802, March
288 Homeowner Savings & Loan Bank
942 (1998); Security
Phil.
348
ls,
Appea
of
Court
v.
Development Comp.
39 Ayala Investment and
2, November 29, 2008.
Development
Bank v. Mar Tierra Corp., GR. No. 14338
111 (1969), Ayala investment and
SCRA
30
30 Luzon Surety Co. v. De Garcia,
942 (1998).
Corp. v. Court of Appeals, 349 Phil.
171
or completing a professional or vocational course
or other activity for self-improvement; (par. 8)
d.
Incidental Expenses —
i. All taxes, liens, charges and expenses, including
major or minor repairs, upon the ACP/CPG
property; (par. 4)
-
E -
2.
G shall be liable for
Secondary Obiigations, The ACP/CP
a spouse, but subject
the following separate obligations of
to the following qualifications:
absence or
The ACP/CPG is liable only in case of
1 }
insufficiency
ii.
on ACP/CPG properties.
of the
been covered before the CPG
i> to be liable
for the secondary obligations. (Art. 122, FC)
All taxes and expenses for mere preservation made
during marriage upon the separate property of
either spouse; (par. 5)
ACP,
‘This is not requirement for the ACP. In
ry
prima
the
there is no need to prove that
obligations have been covered before the ACP
(1) ACP/CPG covers only minor repairs (“for
mere preservation”) on exclusive properties,
s.
becomes liable for these secondary obligation
under
This is because, in general, the spouses
l
the ACP regime do not have substantia
they
rties
prope
separate properties, as the
the
owned before marriage become part of
and CPG
with respect to this expense:
ACP during marriage.”
For the ACP to be liable, it is required that
the separate property be actually “used by
iii. The payment by the ACP/CPG of such obligations
the family.” (Art. 94, par. 5, FC)
-
property
proved
For the CPG to be table, it must also be
CPG
the
that the foregoing primary obligations of
have
-
exclusive
debtor-spouse; (Arts. 94, 122, FC)
ACP/CPG covers all repairs (major and minor)
(2) These is a difference between ACP
of the
This is not a requirement under the CPG
regime (Art. 121, par, 5, FC), because the
ted
shall be considered as advances to be deduc
upon
use
frorn the share of the debtor-spo
liquidation of the ACP/CPG. (Arts. 94, par. 9;122,
CPG is necessarily the usufructuary of the
FC)
separate
properties,
unlike
in the
ACP
—
Antenuptial debts without benefit to the family
regime.”
marriage
These are debts of either spouse before the
family;
which did not redound to the benefit of the
ji. Expenses of litigation between the spouses unless
the suit is found to be groundless. (par. 9)
b.
31 Sampio-Diy 202.
;
Support of illegitimate children of either spouse
2 Sempia-Diy 157.
172
173
c.
.
*.
S l be constr: ed as a:
shal
i
However, the transac tion
ts
part of the consenting Spo
continuing offer on the
a bin
a
Fines and indemnities imposed upon either spouse — 8
These are liabilities incurred by either spouse by 3
-
nd
2 ted as
be perfzc
and the third person, and may
*p! se or
acceptance by the other
reason of a crime or quasi-delict.
3.
Gambling Losses.
contract upon the
ore the offer is wi
authorization by the court bef
Gambling losses during the marriage
by either or both offerors. (Arts. 96, 124, FC)
(whether the game is permitted or prohibited by law) shall
be borne by the loser and shall not be charged to the
ACPI/CPG, but any winnings therefrom shall form part of
the ACP/CPG. (Arts. 95, 123, FC)
ADMINISTRATION,
ENJOYMENT
* DISPOSITION OF THE ACP/CPG PROPERTY
> Disrostrion
1.
on is void, and not only as
Note that the entire transacti
nting spouse. The nullity
to the share of the non-conse
an
but on tack of consent of
is based not on prejudice
33
con tract.
indispensable p party to the
indispen
b.
AND
With
The spouse who
to the ACP/CPG.
ed price
returnthe
’ "bereceived
must, in turn, return the same. 304
Caand
Joint Administration, The administration
enjoyment
of the ACP/CPG property shall belong to bok spouses
tion by one spouse
Under the Civil Code, a disposi
tio
ther renders the transactio!
without the consent of the @
win
?
sone
be
ony
voidable (not void), which can
!
d.
In m
case ofo
disagreement, the husband's decision shall
m
prevail, subject to recourse to the court by the wife for
proper remedy, which must be availed of within §
years from the date of the contract implementing such
10
3.
e.
Sole Administration in Case of Incapacity. In the event
that one spouse is incapacitated or otherwise unable to
the ACP/CPG
participate in. the administration of
ers of
properties, the other spouse may assume sole pow
i
me Powers
mn nce.
Dispositi
on or Encumbra
Sm
do not
include disposition
as the laiter
In the absence of such authority or consent, the disposition
or encumbrance shall be void. (Arts. 96, 124, FO)
174
|
a ©
[—
c
may
jon. Neither spouse
of the other. (Arts. 98, 125,
Drapery without the consent
FC)
of administration
or encumbrance,
e sal:
Jose 2 1 AC fr
fn
red
reqiired
atsi requ
Marital con gent
in1 a lease 0 f an ACP/CPG
ired
is
i
year, such 2
od of mare (hr
p
realty
being considered
;
>
acts require the written consent of the other spouse or the
authority of the court (jr case the other spouse cannot give
consent).
acti
tion.
years from the transac
ed prior to the Family
to vooly to transactions execut
Code.
decision. (Arts. 96, 124, FC)
2.
verty must
i of the transac! tion, the pro
the nullity
J
ij
(9A): Aguler.Bosss . es
13 Bucoy v. Pauling, 131 Phil, 790
No.
G.R.
,
v.
avings gs & Loan Bank
Homeowner Savin
28. 2003;
15
Villanueva v. Chiong, G.R. No.
9589, June 5, 2008.
po to
826,th Augus
.
i
v. Chong, GR. No.
9, June 5, 2008. 0: Vilangeva
so lanyeva v.Chiong, G.R. No. 16388 6, August 28,
:
yes v. Mijares, G.R. No. 14382
,
5 Aquilar-Re
, June 5, 2008.
f
CA, GR. No, 92245, June 26, 1991,
er
it
175
Exception: Moderate donations from the commu
nity 3
property for charity or on occasions of famil
y rejoicing
property, the
In the absence of sufficient ACP/CPG
eding, be
spouse present shall, in a summary proce
¢.
given judicial authority to administer or encumber any
or family distress. (Arts. 98, 125, FC)
4,
Disposition
By Will. Either spouse may
{mortis causa)
specific separate property of the other spouse and use
dispose
by
will E
of his or her interest in the comma
property. (Art. 97, FC)
in the support of the family. (Arts. 100, 127, FC}
3
Consent of the other spouse is wo =
needed, because the disposition will take effect
upon death
when the ACP will have been dissolved.
C.
share
the fruits or proceeds thereof to satisfy the latter's
1
Abandonment
Obligations.
3.
1 oo
DISSOLUTION OF ACP/CPG
I.
or
Non-performance
of
Marital
the
Remedy. If a spouse without just cause abandons
to
other or fails to comply with his or her obligations
a.
the family, the aggrieved spouse may petition the court
Causes of Termination of the ACP/CPG:
for —
a.
Death of either spouse;
b.
Decree of legal separation;
¢.
Annulment or declaration of nullity of the marria
ge; or
d.
Judicial separation of property
i.
(Arts. 99, 126, FC)
2,
dur;
in
if. judicial separation of property, or
iii. authority to be the sole administrator
:
b.
: § fhe mamage
c.
Spouse who leaves the conjugal home or refuses
to Live
therein, , wishout
Wi
just cause, , shall not have the right
be supported. (Art. 100, FC)
ee
D.
The spouse who has left the conjugal dwelling for
a period of 3 months or has failed within 3 months
to give information as to his or her whereabouts
shall be prima facie presumed to have no intention
of returning to the conjugal dwelling. (Arts. 101,
ITIES
LIQUIDATION OF THE ACP/ CPG ASSETS AND LIABIL
1.
176
A spouse is deemed to have abandoned the other when
he or she has left the conjugal dwelling without
intention of returning. (Arts. 101, 128, FC)
128, FC)
When the consent of one spouse to any transaction of
e other is required by law, judicial authorization, shall
The obligations mentioned refer to marital, parental or
property relations. (Arts. 101, 128, FC)
-
But the obligation to give support by the spouse
who leaves is not extinguished,
ve ined in a summary proceeding, (Arts. 100, 127
of ‘the
ACP/CPG. (Ants. 101, 128, FC)
Effect of Separation in F act Between Spouses:
N
on the ACP/CPG except the following:
° ef
a.
receivership,
Pre-liquidation. Upon termination of the ACP/CPG, and
pending its liquidation, there is an implied co-ownership
177
amon,
o 1
tween the
increase in value be
profits shal be the
at the
community property
market vaiue of the
e and the
arti (the spouses or their respective heirs, as
the partis
niin
oh
y
©) in the ACP/CPG
assets.
of the mariag
time of the celebration
solution. ue at the time of its dis
In this pre-
on scenario, the rules of co-qwnership apply. Each
Sisposition
ters may
dispose
of his share, but
market val
such
on is limited only to his undivided interest or pro
\
indiviso share , and not to any specific property or part of
pe
If the ACP has debts,
0 f the ACP at the time
from the market value
net profits should be
of dissolution. Thus, the
ket value
value between the mar
the increase in
on of
time of the celebrati
of the ACP at the
P
market value of the AC
marriage and the pet
quidation Process. Upon dissolution of the ACP/CPG
the following procedure shall apply: (Art. 102, 129 FC)
Li
a.
b.
I]
.
:
solution.
at the time of ifs dis
ist]
emery ~- listing
separately all the properties of the
and the exclusive properties of each spouse.
Payment of
i
.
.
common
ptive Legitimes to the
iii. Delivery of Presum
children.
ACP/CPG Debts out of ACP/CPG assets
Conjugal Dweiling —
upon by the parties, the
shall be adjudicated 10
majority of the common
“iv.
If
po CHICRG assets are insuffici
i
ent, spouses shail
oe idarily liable with their exclusive properties
M
over remains of the exclusive properties sha 11
en be delivered 10 each of the spouses
c.
chosen
(2)
different proportion or division was agreed
upon in the marriage settlements, or
there
ore has be en a voluntary waiver
i
of such
3.
th of Either Spouse.
Liquidation After Dea
a.
il.
Forfeiture of net profits — In ACP, for purposes of
c omputing
i
the net profits
under Art. 43(2) and Art
1
7 Del v.. IAC , GR.G.R. No.No. 5538873,
subject to forfeiture
63(2), FC, the said
:
Pascizl, GR No, 155744, Sra, dart 3, 1989, 171 SCRA 524, 532.535; Matobank v.
178
the
decided otherwise.
rt
such majority, the cou
+ (2) In case there is no
consideration the best
shall decide, taking into
interests of said children.
Division shall be equal, unless
(Ha
eed
Unless other. ise agr
lot
and
ng
conjugal dwelli
the
the spouse with whom
ain.
children choose tO rem
to have
years 0 1d are deemed
(1) Children below 7
the court has
mother, unless
Division of Net ACP Assets (net remainder of the
properties
of the ACP) or of Net et CC.
>
remainder of the properties of the cre Froffs (ne
i.
deduct the debts first
ation of
ceedings. Upon termin
Through Settlement Pro
P/ICPG
of either spouse, the AC
the marriage by death
same proceeding for the
shall be liquidated in the
103,
of the deceased. (Ars.
settlement of the estate
130, FC)
ee
8 | Tofenting 401-402.
179
b
the
marriages contracte d by
e:
effectivity of Family Cod
Without Settlement Proceedings. If no judicial
settlement proceeding is instituted, the surviving
-
disposition
community
or
property
shall be divided between
In case of doubt, the property
es in proportion to the capital
the different communiti
encumbrance
of
the
of
132, FC)
and duration of each, (Arts. 105,
the
terminated
ed for 18 years and the
Example: if one marriage last
tal of either marriage
second for 46 years, and the capi
spouse cannot be
or the contribution of each
ision, the total mass
determined with mathematical prec
ded between the two
of these properties should be divi
marriage shall be void. (Arts. 103, 130, FC)
-
It seems that the nullity applies only to the
share of the heirs who
did not consent to
the transaction."
(2) Should the surviving spouse contract &
subsequent marriage, a mandatory regime of
complete separation of property shall govern
the property relations .of the subsequent
marriage. (Arts. 103, 130, FC)
laid
-
This rule is supposed to protect the heirs of
the first marriage. The surviving spouse
who remarries might be bringing or
merging the properties of the first marriage
into the second marriage.*®
4,
puma taneous
Liquidation.
Rule
on
simultaneous
iquidation of the community properties of two or more
communities
each
in proportion to the duration of
marriage (i.c., 18:46).%"
5.
Support.
a.
very of their shares,
Pending liquidation and until deli
shall receive support
the surviving spouse and children
. (Art. 133, FC)
from the common mass of property
adults, married or
Even children who are already
ive support OF
gainfully employed may rece
allowance.*”
If the estate is clearly
their
in
share
pn
Pron
353 Ses | Tolentino
403; ; Daal Deal re
v. v. IAC,
frat
IAC,
G.R. No. 68:AS March 31, 1989, 171 SCRA 524, 532.523;
e
io-Dly;
173. The present
!
author sees no need f or this.
hi E
i
the first marriage has not vet been liquidated, the surviving spouse can. pT
pea
second mariage
s his ” preoiefic iso share from the first marriage.
so why would the heirs of the first
i
insolvent,
the surviving
to support.
spouse and children are not entitled
of an advance
Such support is merely in the nature
on
180
the
to the rules of evidence.
If no liquidation is made, then —
(1) Any
before
person
and income of each
The respective capital, fruits
upon proof according
community shall be determined
a.
spouse shall liquidate the ACP/CPG either judiciall o
extra-judicially within 1 year from the death of th
deceased spouse. (Arts. 103, 130, FC)
)
same
101 Delizo v. Delizo, 69 SCRA 216 (1976153)
4 Santero v. Gourt of First Instance,
8CRA 728.
181
the
estate;
if
the
estate
is
insolvent, no such share can be expected by the
surviving spouse and the children*®
b.
sufficient
For
b.
Support in excess of the fruits or rents pertaining to
“them shall be deducted from their shares. (Art. 133
i.
sentenced to a
Spouse of the petitioner has been
ii.
Spouse
interdiction;
penalty which carries with it civil
takes place only by virtue of the following: (Art. 134, FC)
By an express declaration in the marriage settlements; or
By judicial order, which may be either —
This is done by a verified petition filed jointly by
the spouses for the voluntary dissolution of the
ACP
or
CPG
and
for
the
separation
}
common properties. (Art. 136, FC)
All creditors of the ACP and CPG, as well as the
personal creditors of the spouse, shall be notified.
“0 Moore & Sans v. Wagner, 52 Phil. 128.
EAT
“84 Quintana v. Lerma, 24 Phil, 285 (1913); ; Baldovi i v. Sarte, 36 Phil.i 550 (1917): : Luna v. Linatoc,
i
judicially
of
of the petitioner has abandoned the latter
Spouse
v.
marital, parental
ot failed to comply with his or her
Qr property obligations;
nistration in the
Spouse granted the power of admi
ed that power; and
marriage settlements has abus
c.
3.
year
and
separation.
Asan incident of a decree of legal
regime of complete
By operation of law — a mandatory
nt
erty shall govern the subseque
separation of prop
liquidated the ACP or
marriage of a spouse who has not
. 103, 130, FC).
CPG of the previous marriage (Arts
" B. PROCEDURAL MATTERS
1.
ngs, the ACP or CPG
During the pendency of the proceedi
ses and children. (Art.
shall pay for the support of the spou
137, FO)
182
been
separated in fact for at least one
reconciliation is highly improbable.
‘
iil. Extrajudicial separation of property, or voluntary
separation of property without judicial approval, is
void,
iv. Voluntary separation is not perfected by mere
consent, but only upon approval of the court.’”
*% In Re Bermas, 14 SCRA 327 (1965),
has
spouses have been
vi. At the time of the petition, the
of their
il.
(Art. 136, FC)
petitioner
iv.
Voluntary, or by agreement of the spouses
i.
of the
presentation of
For causes (i), (i) and (iii), the
ty or absent
the final judgment against the guil
the grant of
spouse shall be enough basis for
property.
of
the decree of judicial separation
.
Separation of property between spouses during the marriage
. a.
sufficient
declared an absentee,
of the spouse
iii. Loss of parental authority
the court,
petitioner has been decreed by
INSTANCES OF SEPARATION OF PROPERTY
2.
are
FC)
IV. JUDICIAL SEPARATION OF PROPERTY
-
following
erty: (Art. 135,
causes for judicial separation of prop
ro
A.
The
cause:
183
i
D.
2
3.
once separation of property has been decreed, the ACP or
PG shall be liquidated in conformity with the Farhi!
Code, (Art. 137, see Arts. 94 & 129, FC)
’
REVIVAL
‘1.
After dissolution of the ACP or CPG, the provisions on
complete separation of property shall apply. (Art. 138, FC)
their former property
Manner. The spouses may revive
same proceedings where
regime by filing a motion in the
. 141, FC)
separation of property was decreed. (Art
FC)
Grounds for Revival; (Art. 141,
7
The petition for separation of property and the finai
Judgment granting the same shall be recorded in the proper
local
)
civil
registries
and
registries
g
of
property
( Art
139 H
a.
es;
When the civil interdiction terminat
b.
s;
When the absentee spouse reappear
the designated adminisWhen the court is satisfied that
abuse that power and
trator-spouse will not again
administration;
authorizes the resumption of said
-.
C. EFFECTS OF SEPARATION OF PROPERTY"
1.
2.
The ACP or CPG is dissolved,
left the conjugal
When the spouse who has
other;
resumes common life with the
her exclusive properties;
e.
ly restored,
When parental authority is judicial
The obligation of the spouses to support their children
continues, each spouse contributing according to his
f
rated in fact for at
When the spouses who have sepa
or
g.
of the ACP or CPG,
In case of voluntary dissolution
revival of the former
when the spouses agree to the
Each
spouse
shall
have
exclusive
ownership
and
}
administration of his or her eamings and the fruits of his or
3.
me common life;
least one year, reconcile and resu
Income or property;
4.
The mutual obligati
gation of the spouses to support
also continues; and
5.
home
4d.
port
property regime.
each cher
-
As to creditors, the separation of property shall not
prejudice the right
i
i
sd
ghts previously
acquired
by them. (Art. 140,
9.
The
Bw no voluntary separation
thereafter be granted.
revival
of
the
former
of
property
-
shall
(Art. 141,
OF EXCLUSIVE PROPERTY
TRANSFER OF ADMINISTRATION
“5 | Tolentino 483; Sernpio-Diy 218-219.
184
tegime
may
be
property regime upon
governed by Article 67 {revival of
FC)
on).
reconciliation in cases of legal separati
_E.
property
185
1.
Causes.
The
ministration
obliga; tion to
under theoO
its and acces sions, but
all theiri fruits
of all classes of exclusive
to the family exp
contribute proportionately
property of eitl.er spouse may be transferred by the court to
the other spouse in the following instances:
a.
When one spouse becomes the guardian of the other;
b.
When one spouse is judicially declared an absentee;
¢.
When one spouse is sentenced to a penalty
carries with it civil interdiction; or
which
40!
E
WHAT RULES GOVERN
B.
d.
When one spouse becomes a fugitive from justice or is
in hiding as an accused in a criminal case. (Art. 142,
FC)
2.
3.
ed —
"property relations are govern
Distinguished
From
Administration
of ACP/CPG
Property.
Under Arts. 96 and 125, FC, a spouse may
assume sole powers of administration over the ACP or
CPG properties in case the other spouse becomes
incapacitated or unable to participate in the administration,
No court intervention is necessary. This is different from
REGIME OF SEPARATION OF PROPERTY
A.
settlements, and
By provisions of the marriage
2.
of the Family Code on
Suppletorily, by the provisions
143, FC)
Separation of Property. (Art.
This
should
property,
be
distinguished
from judicial separation
of
d in the previous
governed by the rules discusse
section.
C.
SCOPE
of property may
refer to present
i.
Separation
2.
be total or partial.
Separation of property may
or future
property or both (Art. 144, FC)
not agreed upon 2s separate
y. (Art. 144, FC)
l pertain to ythe absolu te communit
ne
Sishal
jal, the
IN GENERAL
1.
1.
142, where administration of exclusive property is
transferred by the court.
V.
ot separation of
ven tional separation of property
marriage settlements, the
perty of aseo” agreed upon in the
procase
. In
Third Party as Administrator. If the other spouse is not
qualified by reason of incompetence, conflict of interest, or
any other just cause, the court shall appoint a suitable
person to be the administrator. (Art. 142, FC)
Art.
is simple
® This regime
Advantages and Disadvantages.
bi
However, it is inconsistent
and needs ne liquidation.
oe
o
rl
uses and the solida
the common life of the spo
se
unfavorable to the be e, who
family. Itisalso ordinarily
opportunity for busin
domestic duties give her less
personal earnings.
2.
property
Nature. In the regime of separation of property, each
spouse retains ownership, management and control of his
or her property brought
into the marriage
and of the
property he cr she acquired during the marriage, including
186
«7 | Reyes &Puno 217.
at%:| Reyes & Puno 217-218.
187
b.
In the absence of contrary stipulation,
1
ii.
income from
acquired
by
work or
onerous
industry and property
title
are
communi
property;
fruits of property
placed
PROPERTY
MARRIAGE
VL
under the regime
Y
of
Each spouse shall own, dispose of, possess, administer and
enjoy his or her own separate estate, without need of the
consent of the other. (Art. 145, FC)
other and unions where the
parties are capacitated to marry each
TO MARRY EACH OTHER
PARTIES ARE CAPACITATED
are capacitated to marry each
When a man and a woman whe
other as husband and wife
other, live exclusively with cach
or under a void marriage —
without the benefit of marriage
be owned by them in equal
Their wages and salaries shall
To each spouse shall belong all earnings from his or he :
profession, business or industry and all fruits (amin
industrial or civil) due or received during the marri
from his or her separate property. (Art. 145, FC)
=
E.
shares. (Art, 147, FC)
of them through their work
The property acquired by both
by ‘the rules on coor industry shail be governed
ownership. (Art. 147, FC)
LIABILITY FOR FAMILY EXPENSES
a.
Doth spouses shall bear the family expenses in proportion
eir incorhe, or, in case of insufficiency or default
i
thereof, ’ to the curre nt market value of
EA
required that the man
For Art. 147, FC to apply, it is
ted to marry each
and the woman: (1) must be capacita
other as husband
other; (2) live exclusively with each
without the benefit of
and wife; and (3) their union is
marriage ot their marriage is void™*
their separate
properties.
WITHOUT
between
ownership, but there are differences
’
EXCLUSIVE OWNERSHIP AND DISPOSITION
-
1.
UNIONS
out marriage is governed by coThe property regime of enions with
unions where the
A.
D.
OF
parties are not.
separation of property are exclusively owned b
the owner-spouse.*? (see also Art. 145, FC)
REGIME
s declared void
At. 147, FC may apply to marriage
36, FC).
for psychological incapacity (Art.
.
The liabilities of the spouses to creditors for family
expenses shall, however, be soiidary. (Art. 146, FC)
b.
bitation shall be
Properties acquired during coha
by their joint efforts
presumed to have been obtained
shares. (Art. 147,
and shall be owned by them in equal
FC)
409 | Tolentino 489.
6, October 23, 2003.
411 Mercado-Fehrv, Fehr, GR. No. 15271
40 | Tolentino 489.
188
189
-
Note
that the presumption
may
be rebutted
by
proof that the property was: (i) acquired by
gratuitous title; or - (ii) acquired before the
cohabitation. These properties are not covered by
Art.
147,
acquired
FC,
by
which
work
covers
or
only
industry
the
A party shall be deemed to have contributed jointly in
the acquisition in a property even if his or her efforts
consisted in the care and maintenance of the family
and household. (Art. 147, FC)
W ages
2.
JCE
190
the
gamer
if
18
multiple alliances of
are married to other persons, and
-
the same married man.”
412
presumption that
Under Art. 148, FC, there is no
joint efforts; . actual
. properties are acquired by
in Art. 147, FC).
contribution must be proven (unlike
b.
, co-ownership
Without proof of actual contribution
L413
does not exast.
of the home,
Contributions in the form of care
children
and
household,
or spiritual or
inspiration, are excluded or not counted”®
moral
(unlike
in Art. 147, FC).
¢.
l contribution, if
While there is no presumption of actua
actual
is
contribution
equality of contributions
proved,
and
(Art. 148, FC)
PARTIES ARE NOT CAPACITATED TO MARRY EACH OTHER
In cases of cohabitation not falling under Art. 147,FC (ie,
where the parties have no legal capacity to marry or have
some impediment to marry each other) —
G,
or
e both man and woman
concubinage, relationships wher
i.
ii.
B.
ACE
to him
mous marriages,
Art. 148, FC applies to “10 biga
ships in a state ©
adulterous relationships, relation
a.
When only one of the parties to a void marriage is in
good faith, the share of the party in bad faith shall be
forfeited in favor of:
The forfeiture shall take place upon the termination of
the cohabitation. (Art. 147, FC)
the
belong
both of the parties through
Only the properties acquired by
of money, property, or
their actual joint contribution
in common in proportion
industry shall be owned by them
148, FC)
to their respective contributions. (Art.
his or her share in such co-owned property, without the
Their common children.
In case of default of or waiver by any or all of the
common children or their descendants, each vacant
share shall belong to the respective surviving
descendants.
iii. In the absence of descendants, such share shall
belong to the innocent party.
to
(or
party
each
by
earned
salaries
married).
Neither party can encumber or dispose inter vivos of
consent of the other, until after the termination of their
cohabitation. (Art. 147, FC)
and
exclusively
her
properties
during
cohabitation.
Cc.
1.
8, November 29, 2006.
412 Atienza v. De Castro, GR. Mo. 16969
mber 27, 2007.
Septe
8,
13 Acre v, Yuttikki, G.R. No. 15302
.
a14 Carifio v. Carifto, 351 SCRA 127, 135 (2001)
191
the
aw
presumes
corresponding
shares.
n
d.
The same rule and presumption applies tc joint
deposits of money and evidences of credit. (Art. 148,
eo
ination ©
rm
te
the
on
up
ce
take pla
The forfeiture shall
148, FC}
t.
(Ar
the cohabitation.
.
FC)
The foregoing rules
Note the important differences between unions where
the partis are capacitated to marry each other and
on forfe iture shall likewise
parties are
apply even if both
148)
unions where the parties are not:
1.
Parties are capacitated — care and maintenance
of the family
and household
are deemed
contribution in the acquisition of property;
Parties
are
not
capacitated
—
care
and
maintenance are not counted; there must be actual
or direct contribution.
il.
Parties are capacitated — . property acquired
during the cohabitation are presumed to be
acquired by joint efforts, and therefore co-owned;
Parties
are
not
capacitated —
no
such
"presumption.
If one of the parties is validly married to another, his or
her share in the co-ownership shall accrue to the ACP
or CPG existing in such valid marriage. (Art. 148, FC)
If the party who acted in bad faith is not validly
* married to another, his or her share in the co-ownership
shall be forfeited in favor of:
i.
it.
Their commen children.
In case of default of or waiver by any or ali of the
common children or their descendants, each vacant
share
shall
belong
descendants.
ili. In
the
to
the
respective
surviving
.
absence
of descendants,
such
share
shali
belong to the innocent party.
193
192
of
in bad faith. (Art.
of the full or halfAmong brothers and sisters, whether
4,
blood. (Art. 150)
Chapter 12
The Family
IL THEF
-
C.
FAMILY AS AN INSTITUTION
, being the foundation of
LINSTITLTION: The ial family
SOCIA
A. the
nation, \ is a basic social
instituti
institution
which
cherishes and protects.
i
i
peblic policy
.
‘
C onsequently, family
relations are governed by law and
the family
ne pesto, practice or agreement destructive of
1.
be recognized or given effect. (Art. 149, FC)
shal
5
In
.
arity of
case of doubt, all presumptions favor the solid
ions extend to the
For intestate succession, family relat
fifth collateral degree. (Art. 1010)
ers of the same family
COMPROMISE: No suit between memb
ar from the verified
shall prosper unless it should appe
a
est efforts toward
complaint or petition that earn
that the same have failed.
compromise have been made, but
-
-
in fact made, the
Ifit is shown that no such efforts were
case must be dismissed.
.
cases which
This condition precedent shail not apply to
e under the Civil
may not be the subject of compromis
Code. (Art. 152, FC)
the family.*"*
-
Every
intendment of law or fact leans toward the
validity of marriage, the indissolubility of the marriage
bonds, the legitimacy of children, the community of
property during marriage, the authority of parents over
the children, and the validity of defense for am
member of family in case of unlawful aggression*'¢ ’
B.
FAMILY RELAT
Lo
« Tami
TONS: Family relations inciude those:
. Between husband and wife;
11, THE FAMILY HOME
it is “necessary in the
The law protects the family home because
l institution.” It is “a
preservation of the family as a basic socia
ries
of cherished memo
sacred symbol of fainily love and repository
sanctuary,of that union
that last during one’s lifetime. It is the
and
a sacred institution;
which the law declares and protects as
likewise a shelter for the fruits of that union”?
A, NATURE
&
CHARACTERISTICS:
The
family
home,
2.
Between parents and children;
the wife or by an
constituted jointly by the husband and
ing house where they
unmarried head of a family, is the dwell
3.
Among other ascendants and descendants; and
(Art. 152, FC)
Cy
i
.415 ouji Soe. hr 2Sr Goncepelon
v. Court of Appeals, G.R. No. 123450, August 31. 2005
,
Art.
220;
Concepcion v, Court of Appeals, G.R. No. 123450, August 31, 2005,
194
h it is situated.
and their family reside, and the land on whic
:
#7 Josef v. Santos, G.R. No. 165080, November 27, 2008.
9
1
1.
a family home un me
to the benefits accorded to
en
mean that Articles
Family Code. It does not
Ownership. The family home must be ACP/CPG property
or exclusive property of either spouse with the latter's
consent. If constituted by an unmarried head of family, it
effect such 1 “ a
153 of said Code have a retroactive
have beet
ily residences are deemed to
must be on his or her own property. (Art. 156, FC)
existing fam
-
of the Family Co '
occupation prior to the effectivity
t 0
from execution for the paymen
constituted
Nevertheless, property subject of a conditional sale on
cnly to guarantee payment of the purchase price may
be constituted as a family home. (Art. 156, FC)
:
The
family home
farced
sale,
or
is generally free Jrom
attachment.
(Art.
FC,
sce
B.
The family home may be sold, donated, or encumbered
by its owner with the written tonsent of the person
constituting
the
same,
the
latter's
spouse,
and
or registration of
No judicial proceedings
A
5
in the Civil Code).
instruments i5 necessary (unlike
.
a
conflict, the court shall decide. (Art. 158, FC)
| C.
Generally, the family home shall continue and cannot
be partitioned despite the death of one or both spouses
or of the unmarried head for a period of 10 years or for
home continues to be such.
as long as there is a minor beneficiary. (Art, 159, FC)
1.
Only One Family Home. A person may constitute, or be
the beneficiary of, only ene family heme. (Art. 161, FC)
Applicability to Existing Homes. The provisions of the
Family Code on Family Home also govern existing family
residences insofar as applicable. (Art. 162, FC)
This means that all existing family residences at the
time of the effectivity of the Family Code, are
considered family homes and are prospectively entitled
(196
public
420
constitution and so long as
DURATION: From the time of its
resides therein, the family
any of its beneficiaries actually
2.
(Art, 153, FC)
beneficiaries is essential.
Actual residence by the
3
eno
11 ugh
-
the
of
The family home is deemed
HOW/WHEN CONSTITUTED:
the time it is occupied as a
constituted on a house and lot from
family residence. (Art. 153)
majority of the beneficiaries of legal age. In case of
¢.
effectivity
attachment."
discussion infra.)
b.
the
of hs or
time
ng the Civil Code, the
Thus, for debts incurred duri
constituted under its
family home must have been
exemption from
provisions for it to enjoy
execution,
155,
before
the
Family Code.™?
Legal Effects. Unlike ordinary property, the family home
has the following distinctive characteristics:
a.
homes al
family
end are exempt
obligations incurred
installments where ownership is reserved by the vendor
2.
as
15¢€e
h al thi 2 I 1nous
1 18 occup 23 ed by
maids
Or
It 1s not
Overseers,
421
e shall continue despite
Effect of Death. The family hom
or of the unmarried hea
the death of one or both spouses
long as there 1s a minor
for a period of 10 years or for as
97898, Augus!
May 31, 1990; Manacop v. CA, G.R. No.
#8 \Modequillo v. Breva, GR. No. 86355,
11, 1997.
31, 1990.
31,
May
419 Modequillo v. Breva, G.R.No.86355,
January 28, 2008.
177703,
Nn.
G.R.
Arriola,
v.
@ Aroha
August 11, 1997.
421 Manacap v. CA, GR. No. 67898,
197
t
beneficiary (i.e., even beyond 10 years). The heirs cannot
partition the same unless the court finds compelling
reasons therefor. (Art. 159, FC)
D.
BENEFITS!
be exempt from
General Rule. The family home shall
1.
a.
(Art. 155, FC)
execution, forced sale or attachment.
The purpose is to avert the disintegration of the family
unit following the death of its head.
b.
set up and proved
A claim for exemption should be
ic auction, and
before the sale of the property at publ
from later claiming
failure to do so may estop the party
Thus, the court may declare that the family home is coowned; but it cannot order the actual termination of
the exemption.”
such co-ownership until the lapse of the period under
Art.
159,
FC
(except
if
reasons), '?
c.
there
are
compelling
2.
)
After the death of the spouse or of the unmarried head,
Exceptions:
a.
For nonpayment of faxes;
b.
constitution of the
For debts incurred prior 10 the
family home;
if there are beneficiaries who survive and are living in
the family home, it will continue for 10 years. If, at the
expiration of 10 years, there is still a minor beneficiary,
the family home continues” until that beneficiary
becomes of age**
-
Even if the judgment is rendered
constitution of the family home.
.
The intention of the law is to safeguard and protect
the interests of the minor beneficiary until he
reaches legal age and would now be capable of
or after such constitution; and
For
3.
After the period provided by law, the heirs may keep
the property intact by not partitioning it. However, it
will cease to be a family home."2
This rule shall apply regardless of whoeveowns
r
property or constituted the family home. (Art. 159, FC)
“2
2
2
425
428
Arriola v. Arriola,
prriola v, Arriola,
Patricio v. Dario
Patricio v. Dario
Patricio v. Dario
G.R. No. 177703, January 28,
G.R. No, 177703. January 28,
Ill, G.R. No. 170829, November
HII, G.], No. 170829, November
[Il, G.R. Np, 170829, November
.
198
2008.
2008.
20, 2006.
20, 2008.
20, 2006.
the
the
premises before
For debts secured by mortgages on the
supporting himself"?
d.
after
debts
builders,
due
to laborers,
materialmen
mechanics,
and others who
architects,
have rendered
truction of the
service or furnished material for the cons
building.
.
repair or
This should include expenses for
of the fail
improvements after the creation
n would be
home; otherwise, the fourth exceptio
tion of the
superfluous since debts for construc
prior to the
family home are necessarily incurred
280; Gomez
165333, November 25, 2005, 476 SCRA
«1 Honrado v. Court of Appeals, G.R. No.
474,
1991, 203 SCRA
v. Gealone, G.R. No. 58281, November 13,
199
constitution of the family home which are already
. covered by second exception.
E.
F.
not exceed,
VALUE: The actual value of the family home shall
000 in urban
at the time of its constitution, the amount of P300,
areas, and P200,000 in rural areas.®! (Art. 157, FC)
BENEFICIARIES
value most
If the value of the currency changes, the
shall be the
favorable for the constitution of a family home
basis of evaluation. (Art. 157, FC)
The beneficiaries of a family home are:
1.
The husband and wife, or an unmarried person who is the
head of a family; and
The family home
may be attached or levied upon on
execution—
Their parents, ascendants, descendants, brothers and
sisters, whether
the relationship be legitimate
or
illegitimate, who are living in the family home and who
depend upon the head of the family for legal support. (Art.
54)
a.
maximum
-
The term “descendants” may include a grandchild of
the head of the family who constituted the family
home. However, if the grandchild is not dependent on
the said head for support (having a parent), he cannot
be considered a beneficiary.**®
- Patricio v. Dario ill, G.R. No. 170829, November 20, 2006.
0 Patricio v. Dario Hl, G.R. No. 170829, November 20, 2006.
200
by
law
as
of the
time
of its
3,
If the increased actual value resulted from subsequent
at
voluntary improvements {i.e., the value of the home
d
the time constitution was below the maximum allowe
uent
subseq
to
it increased due
by law, but
ts).
vemen
impro
Bidding and disposition of the proceeds:
a.
d
At the execution sale, no bid below the value allowe
b.
The proceeds shall be applied —
for a family home shall be considered.
First, to the amount
{maxirium),
ii. Then to the liabilities
costs.
iii. The excess, if any,
judgment debtor. (Art.
i.
-.
426 | Tolentino 512-513.
allowed
constitution, or
b.
Requirements”:
a. The
beneficiary must have the aforementioned
relationship with the head of the family;
b. He or she must be actually living in the family home;
and
¢. He or she must be dependent on the head of the family
for legal support.
the
When the actual value of the family home exceeds
mentioned
in Article
157
under the judgment and the
}
shall be delivered to the
160, FC)
annuai income
£31 Jrban areas are deemed 1o include chartered cities and municipalities whose
fo be rural areas.
at least equals thal legally required for chartered cities. Al others are deemed
201
4.
Chapter 13
If there are cr=ditors with special credits enumerated in Art
155 {which are enforceable against
agt
the
enti
i
regardless of its value) —
a.
b.
ion
Paternity and Filiat
erie family home,
Other creditors not covered by Art. 155 must show that
the value of the family home exceeds not only the
maximum allowed by law but also the amount of such
special credits under Art. 155, before they can attach
execute on the family home.**?
i
In case of such attachment or execution, the proceeds
should first be applied to their credits, even before the
amounts mentioned in Article 157 are paid.“
L
IN GENERAL
tion of
maternity) is the status or rela
DEFINITION: Paternity {or
status
or her child. Filiation is the
the parent with respect to his
pect to his or her parents.
or relation of a child with res
A.
—
filiation of children may he
KINDS OF FILIATION: The
B.
By nature
1.
Legitimate or
Illegitimate, or
a.
b.
2.
By adoption. (Art. 163, FC)
EN
11. LEGITIMATE CHILDR
A.
WHO ARE LEGITIMATE.
1.
n during the
Children conceived OR bor
timate. (Art. 164, FC)
marriage of the parents are legi
General
a.
Rule.
—
Applying the foregoing rule
i.
marriage (premarital),
A child conceived before
married, is legitimate.
but born after his parents got
ii.
riage, but born after
A child conceived during mar
terminated (e.g., F'°
the marriage has aiready been
432 See | Tolentino 517.
43 See | Tolentino 519.
202
203
caused by the
(assuming the termination was
cause covered by
death of the husband or any
- to the death of the fathér or the annulment of a
voidable marriage), is legitimate.
b.
Children
conceived
insemination
of the
as
wife
a
result
with the
of
sperm
of the
The child shall be considered legitimate although the
mother may have declared against its legitimacy or
may have been sentenced as an adulteress,
FC)
-
(Art. 167,
169, FC)
another marriage
When the mother contracted
termination of the
after 300 days following the
former marriage —
second mariage,
(1) If the child is born during the
marriage.
he is a legitimate child of the satd
(Art. 164, FC)
second marriage,
(2) If the child is bom before the
d in par.
apply the rule in Art. 169, FC (outline
[i] above).
This is to protect the child from the passions of the
parents.
Besides, in most cases, the adulteress
mother herself would not be certain whe is the
father.**
Rules in case the marriage is terminated and then the
mother gives birth to a child:
i.
by
FC,
by whoever
or illegitimacy shall be proved
macy. (Art.
giti
alleges such legitimacy oF ille
il.
The instrument shall be recorded in the civil
registry together with the birth certificate of the
child. (Art. 165, FC)
169,
legitimacy
termination of the marriage — his
executed and signed by them before the birth of the
if,
(AL
days following the
(2) If the child is born after 300
Provided that both husband and wife authorized or
ratified such insemination in a ‘written instrument
child. (Art. 165, FC)
infra).
implication)
artificial
husband or that of a donor or both are likewise
legitimate children of the husband and his wife —
i.
54,
Aticle
When the mother has not re-married:
be
a
legitimate
child
of the
iage
the mother contracted another marr
of the former
within 300 days after the termination
govern in the
marriage, the following rules shall
absence of proof to the contrary:
(1) The
child
marriage
is
before
conceived
of
the
180
days
after
the
solexnnization of the subsequent marmage
_
(b) born within 300 days after the termination
of the former marriage;
43% | Tolentino 528-529, citing Manresa, Sanchez Roman, Navarro Amandi and Oyuelos,
204
considered
former marriage if be is —
{a) born
(1) If the child is born within 390 days from the
termination of the marriage — he is presumed
to
iii, When
205
’ Example:
First marriage is terminated on Day
of the
Children conceived or bom before finality
under
judgment of absolute nullity of the marriage
b.
1. Second marriage on Day 120. Birth of
child on Day 250.
Child is considered
conceived of the first marriage. He is born on
Article 36 (psychological incapacity). (Art. 84, FC)
the 130™ day after the second marriage and
Children conceived or bom of the subsequent marriage
¢.
under Article 53 (void for failure to comply with
requirements of delivery of presumptive legitimes,
within 300 days after termination of the first
marriage.
etc). (Art. 54, FC)
The pericd is based
days) and maximum
on the minimum (180
(300 days) periods of
d.
gestation,***
(2) The
child
marriage is declared presumptively dead) who were
is
considéred
conceived
of
conceived before its termination by the reappearance of
the presumptively dead spouse. (Art. 43. par. 1, FC)
the
subsequent marriage if he is —
-
bom
after 180 days
following
the
celebration of the subsequent marriage,
even if born within the 300 days after the
termination of the former marriage. (Art.
168, FC)
Example: First marriage is terminated on Day
I. Second marriage on Day 60. Birth of chiid
on Day 250. Child is considered conceived of
‘the second marriage,
Exceptions. The following are also considered legitimate
by express provision of law:
a.
B.
RIGHTS OF LEGITIMATE CHILDREN
1.
|
To bear the surnames of the father and the mother, in
conformity with the provisions of the Civil Code on
Sumames;
a.
Children conceived or born before
judgment of annulment. (Art. 54, FC)
finality
Legitimate children may not adopt the surname of a
person who
is not their father, to avoid confusion
of
paternity.
He is born on the 190%
day after the second marriage, even though
within 300 days after the termination of the
first marriage.
2.
Children of a marriage under Articles 41-42 (ie, a
subsequent marriage after the spouse in a previous
b.
A child who is already of age may adopt the surname
reason therefor,
of his or her mother, if there is a good
4
rT
A
.
.
ce. %
prejudi
such as to avoid confusion’ or racial
-
This is not allowed for minor children.
439
of the
v. Court of
4% Moore v. Republic, 8 SCRA 282; Padilla v. Republic, 113 SCRA 789; Republic
1938.
Appeals, GR No. 88202, Decainber 14,
437 Alfon v. Republic, 97 SCRA 858 (1980).
438 Oghita v. Republic, 125 Phil. 1098 (1967).
No. 159966,
3 Naldoza v. Republic, 112 SCRA 658; Lin Wang v. Cebu City Civil Registrar, GR
March 30, 2005.
43 | Reyes & Puno 242.
206
207
2.
next
ii.
rights granted to them by the Civil Code. (Art. 174, FC)
ACTION TO IMPUGN LECITIMACY
L
attack™’), on the grounds specified by law, by the proper
The following rules apply to a case where a father (or
his heir) denies that a certain person is his legitimate
denies a certain child to be theirs,*' or where a mother
2.
G
b.
}
sexual intercourse with his wife within the first 120
days of the 300 days which immediately preceded the
birth of the child because of: (Art. 166, FC)
The physical incapacity of the husband to have
sexual intercourse with his wife;
is
To overthrow the presumption that a child
beyond
shown
be
it must
legitimate,
that
access
no
reasonable doubt that there was
could have enabled the husband to father the
child. Sexual intercourse is to be presumed
For bislogical or other scientific reasons, the child
in case
could not have been that of the husband, except
-
:
It was physically
impossible Jor the husband to have
i.
e
separately in such a way that sexual intercours
was not possible; ot
of artificial insemination. (Art. 166, FC)
be impugned only
Legitimacy of a child may
—
rounds,
(exclusive) on the following grounds
a.
blood
Example: By means of DNA testing, or by
do
exclusion tests (if-a man and his putative child
have
not
could
he
not share the same blood type,
However, sharing the same blood
been the father.
type does not necessarily mean paternity.)
c.
ial
In case of children conceived through artific
cation
ratifi
or
n
insemination, the written authorizatio
“of either parent was obtained through mistake, fraud,
violence,
FC)
intimidation, or undue influence. (Art. 166,
No. Sayson
aor v. Cou
ppeals, 205 $ GRA 321; De Jesus v. Estate of Juan Gamboa Dizon, GR.
+0
Court ofof Appeals,
441 Benitez-Badua v. Court of Appeals, 299 SCRA 468,
432 Cabatbat-Lim v. Intermediate Appellate Court, 166 SCRA 451,
208
scientific
where personal access is not disproved. +
They do not 2pply to cases where a couple
4
i
i
deni
enies a certain child to be hers.”
.
_.
of
The fact that the husband and wife were living
.
parties, and within the prescriptive period provided by law.
child.
“biological
utely
iii. Serious illness of the husband, which absol
prevented sexual intercourse;
.
..
In general, the legitimacy of a child can be impugned only
ina direct action brought for that purpose (not by collateral
-
on
ground
reasons.”)
To be entitled to the legitime and other successional
C.
not sterility.
to impotence,
This refers
the
(Sterility, if absclute, may be covered by
_
To receive support from their parents, their ascendants,
and in proper cases, their brothers and sisters, in
conformity with: the provisions of the Family Code on
Support; and
3 Gangapeion v. CA, G.R. No. 123450, August 31, 2005.
209
3.
Prescriptive Period for filin g action
i to impugn
i
(Art. 170, FC)—
a.
:
phen
4,
legitiiim
Rm
If the husband or any of his heirs resides in the city or
municipality where the birth took place or was
recorded,
-
‘Who may Impugn.
a.
Generally, only the husband may impugn.
b
n the
Exception: The heirs of the husband may impug
m
filiation of the child within the period prescribed
Article 170, FC only in the following cases:
Within 1 year.
i
of
If the husband should die before the expiration
;
action
his
ng
the period fixed for bringi
ii.
If he should die after the filing of the complaint
If the husband or all of his heirs do not reside at the
place of birth or recording,
'
~~ Within 2 years if they reside in the Philippines;
=
without having desisted therefrom; or
Within 3 years if they reside abroad.
iii. If the
child
was
bom
after
the “death
of
the
The period is counted from the knowledge of the birth
or from its recording in the civil register, whichever is
husband. (Art. 171, FC)
earlier.
Examples:
(1) A legitimate child cannot impugn his own
legitimacy by claiming that he is the
illegitimate child of someone else. ™
-
If the birth of the child has been concealed from or
was unknown to the husband or his heirs, the
period shall be counted from: (i) the discovery or
knowledge of the birth of the child; or (ii) the
discovery or knowledge of the fact of registration
of said’ birth, whichever is earlier, (Art. 170, FC)
After the lapse of the prescriptive period, the child's
legitimate status becomes fixed and can no longer be
assailed. The prescription is intended to prevent
status of a child from being in a state of uncertainty
a long time, as well as to force early action so
evidence could be promptly produced while
the
for
that
still
(2) Gerardo and Theresa were married, lived in
The
Quezon City, and had a son, Gerry.
marriage was nullified because Theresa was
previously married to another man, Mario.
Gerry's legitimacy.
available.”
It
was held that Gerardo cannot have visitation
rights over Gerry, because Gerry is considered
the legitimate son of Mario, as the legal
For Gerardo to claim
husband of Theresa.
make Gerry an
would
Gerry
paternity over
illegitimate child, and only Mario can impugn
Moreover, since Mario
also lived in Quezon City, sexual access
between him and Theresa was not proven to be
October 2, 2001.
45 De Jesus v. Estete of Juan Gamboa Dizon, G.R. No. 142877,
“44 | Tolenting 536.
210
211
However, if the alleged father did not sign or
participate in the preparation of the birth
.
impossible. It does not matter that Theresa
claimed that she never lived with Mario,
because a mother cannot declare against the
certificate, it cannot prove paternity.’
legitimacy of her son.*¢
b.
D.
ACTION TO CLAIM LEGITIMACY
1.
Who May File
2.
a,
b.
2.
An admission of legitimate filiation in a public
document or a private handwritten instrument and
signed by the parent concerned.
The child; or
The child’s heirs, should the child die during minority
or in a state of insanity. (Art. 173, FC)
Secondary Evidence (if there is no primary evidence):
a.
Prescriptive Period
The open and continuous possession of the status of a
‘
legitimate child;
For example, use of the father’s surname; receipt
-
of support from the parents; social recognition of
the filiation.
a. Ifby the child — during his lifetime;
-
The action already commenced by the child shall
survive notwithstanding the death of either or both
b.
Any other means allowed by the Rules of Court and
special laws. (Art. 172, FC)
parties. (Art. 173, FC)
b.
E.
PROOF
If by the child’s heirs — within 5 years from child's
death. (Art. 173, FC)
OF
FILIATION
OF
LEGITIMATE
CHILDREN:
testimonies of witnesses, and other kinds of proof
The
admissible under Rule 130 of the Rules of Court.”
filiation of legitimate children is established by any of the
following (Art. 1 2, FC) —
I.
Primary Evidence:
Examples: the child's baptismal certificate, a
judicial admission, a family Bible in which his
name has been entered, common reputation
respecting his pedigree, admission by silence, the
DNA iesting may be used to prove filiation.**® It
may be ordered by the court motu proprio or upon
the
a.
The record of birth appearing in the civil register or a
final judgment; or
application
of
any
determiiie paternity.
#7 Angeles v. Maglaya, 469 SCRA 363 (2005).
4 Concepcion
p
v. CA, . G.R.G.R. No. No. 123450, August 31, 2005.
212
48 Jyquangeo v. CA, G.R. Ne, 78873, Cetober 26, 1989.
#9 Estate of Ong v. Diaz, G.R. No. 171713, Decernber
17, 2007.
213
interested
person
to
A.
brought within the same
Generally, the action must be
claim legitimacy under
period as that for actions to
a.
IIL. ILLEGITIMATE CHILDREN
Asticle 173 (Art. 175, FC)
WHO ARE ILLEGITIMATE
1.
General Rule. Children conceived AND born outside a
Who may file an
valid marriage are illegitimate, unless otherwise provided
i.
Exceptions.
The
following
are
legitimate
by
minority or in a state of insanity — within 5 years
from child’s death. (Art. 173, FC)
express
provision of law:
a.
Children conceived or bom before
judgment of annulment (Art. 54, FC);
finality
b.
of the
:
b.
Children conceived or born before finality of the
judgment of absolute nullity of the marriage for
psychological incapacity under Article 36 (Art. 54,
based on secondary
the action must be
evidence (Art. 172, par. 2, FC),
alleged parent. (Att.
brought during the lifetime of the
© 175,FO)
However,
Children conceived or bom of the subsequent marriage
under Article 53 (void for failure to comply with
requirements of delivery of presumptive legitimes)
(Art, 54, FC);
d.
B.
ESTABLISHING {ILLEGITIMATE FILIATION
the
i n
actio
1Sis
LDREN
C.. RIGHTS OF ILLEGITIMATE CHI
1.
Children of the subsequent marriage under Articles 4142
conceived
before
its termination
by
the
reappearance of the presumptively absent spouse (Art,
43, par. 1, FC)
when
ce to rebut the
This is to give the parent a chan
st him, which
secondary evidence presented agam
can be easily perjured.*’
FC);
¢.
The child — during his or her lifetime.
ii, The childs heirs should the child die during
fn his Code. (Art. 165, FC)
2.
d When
her (Art. 176, FC)
To use the surname of their mot
a.
use the surname of
However, illegitimate children may
been expressty :
their father if their filiation has
the record of birt
recognized by the father through
an admission =
appearing in the civil register, or when
ten instramen Le
a public document or private handwrit
as amended by
made by the father (Art. 176, FC,
9255).
1.
2.
Evidence.
Illegitimate children may
estzblish their
illegitimate filiation in the same way and on the same
evidence as legitimate children. (Art. 175, FC; see
discussion above)
done
g, which 1 very reliable ne hich can pe
,
45 What if the secondary evidence is DNA testin
x
.
O
N
C v. Diaz, G.R. .
i {Estate of { Ong
fer the parent has already died
ion.
except
an
for
not provide
00m? ride 1 75, FC is clear and does
Prescriptive Period.
214
215
b.
The father has the right to institute an action before the
regular courts to prove non-filiation during his lifetime
(Art. 176, FC, as amended by RA 9255).
2.
To be under the parental authority of their mother (Art.
176);
3.
To receive support in conformity with the Family Code
(Art. 176); and
such
If there was an impediment at the time of conception, but
impediment was removed by the time of the child’s birth, the
child cannot be legitimated. (Of course, if the parents are
already married to each other by the time of the child’s birth,
the child would be legitimate under Art. 164, FC)
Examples:
~The
At the time of conception of the child, one or both parents
I.
married
are
to other parties --- the child camnor
be
to
the
legitimated (because there
marriage of his parents).
illegitimate child is entitled to support from his
was
an. impediment
father (and not only from his mother},*!
If the impediment was removed by the time of birth
(e.g, the parent's marriage to other parties was
terminated by declaration of nullity or death) — the
4.
To be entitled to legitime consisting of one-half of the
legitime of a legitimate child. (Art. 176, FC)
child still cannot be legitimated.
-
Except for this modification, all other provisions in the
Civil Code governing successional rights remain in
If the impediment was removed, and the parents have
already married each other by the time of birth of the
child — the child is legitimate under Art. 164.
-
force,
IV. LEGITIMATED CHILDREN
A.
2.
LEGITIMATION: It is the process or mode by which children
conceived and born outside of marriage are given the status of
legitimacy through the subsequent marriage of their parents.
. WHO MAY BE LEGITIMATED:
A child conceived and born
outside of wedlock of parents who, at the time of the child’s
conception, were not disqualified by any impediment to marry
each other or wee disqualified only because either or both of
them were belew, 18 years of age (Art. 177, FC, as amended by
RA 9858)
At the time of conception of the child, one or both parents
are below 18 years of age — child can be legitimated
(because the impediment was merely due to minority). This
is an amendment introduced by RA 9858.
. TIow LEGITIMATION TAKES PLACE: Legitimation shall take
place by a subsequent valid marriage between parents. (Art,
178, FC)
1.
The annulment of a voidable marriage shall not affect the
legitimation. (Art. 178, FC}
'
-
If the marriage turns out to be
legitimation (nullity retroacts).
#1 Montefalcon v. Vasquez, G.R. No. 165016, June 17, 2008,
216
217
void,
there
is no
The legitimation of children who died before the celebion of the marriage shall benefit their descendants. (Art
Chapter 14
Adoption
181, FC)
C.
EFFECTS
1.
Legitimated
it
childre n shall enjoyj
legitimate children. (Art. 179, FO)
th
i
rights
"same
1.
NATURE
as
A.
2,
The
D. Imp
only
on
m
-
effec t. 5 of: 1 egitimation
2
1
Ny hal 1 retroact
to the
time
of
th
thos LEGIT:MATION: Legitimation may be impugned
y lose who are prejudiced in their rights, within 5 ye
the time their cause of action accrues. (Art. 182)
TE
tion in the
d ig the primary considera
The best interest of the chil
ation for adoption. ***
determination of an applic
Cause of action “accrues” from the death of the alleged
paren
t 452
il
as
at that time
~th
(see
€
ner’
T'S
mpug
Art
7
ce
H
al
succession
Ht
rng
Ate
§
creates
1s a juridical act which
DEFINITION: Adoption
ch results
ationship si milar to that whi
between two persons a rel
33453
and filiation.
from legitimate paternity
tive, such
a total stranger; or (b) a rela
A person may adopt: (a)
latter
illegimate child, to give the
as a sibling or his or her own
legitimate status.
este il
ves
FROM LEGITIMATION"®
B. ADOPTION DISTINGUISHED
3 CC).
to illegitimate children;
Legirimation applies only
:
1.
Adoption may cover SIangers;
2.
452 ¢ Sempio-Dly
io-0H 288, citi::
it
“Minutes of Committee Meeting
218
i
453
454
455
46
of the
rajudicially (by marriage
Legitimation takes place ext
parents),
al decree;
Adoption is always by judici
3,
ected by both parents;
Legitimation can only be eff
one parent alone;
Adoption may be made by
4,
to
d legitimate status in relation
Legitimation gives the chil
relatives;
his or her parents and their
665 (1956), citing Valverde.
|n re: Leopoldo Prasnik, 98 Phil.
665 (1956).
Phil.
58
| re: Leopoldo Prasnik,
8, May 21,1992,
v. Court of Appeals, GR No. 9790
blic
Repu
(bk
ion
Sect
,
RA 8552
| Tolentino 555
219
CG
1
. ween , the child and .
. only bet
adoptincreates a relationship
he e
s of either.
8 parent, but not with relative .
b.
i. s of
OVERNING LAW: . The provision
the Family Code on
Adoption are deemed repealed or modified insofar as
of the application
continuous years prior to the filing
l the
maintains such residence unti
for adoption and
adoption decree is entered,
Inconsistent with R.A. No. 8552 or the “Domestic Adoption
Act of 1998.”
Philippines for at least 3
He/she has been living in the
c.
con: lar official as
He/she has been certified by his/her
adopt in his/her country
having the legal capacity to
ws the adoptee to enter
and that his/her government allo
son/daughter.
his/her country as his/her adopted
II. ELIGIBILITY
:
A. WHO MAY ADOPT
1.
-
Any Filipino citizen with the following qualifications:
' Foe wit be 1 drs sonny
Of legal age,
d.
ee
convicted of any crime involving moral
&.
only
and psychologically capable of caring for
ET
cham, +
mom od
C Ofso
h
2g
diference
a0
may be waived when
py
saoptee
a
y resident alien possessing the same qualifications as
for
Filipinos,
conditions are net:
a.
His/her
i”
country
has
220
provided
d \e) lomatic
1
—
the egiimate ld o
the
I elatio ns
following
Ww ith
degre of cnsanguniy
of the Filipino spouse (12
es
be waived for
Note: The requirements may not
Filipino, who
an alien married to a former
of the former
seeks to jointly adopt a relative
Filipino spouse.
In a position to support and care for his/her children in
Soe with the means of the family. (RA 8552, Sec
above-stated
imine
Filipino citizen and
iii. One who is married © 2
or the spouse of the adogter’s parent, i
g
or affint.
year older than the adopted,
oe hd
)
b) and
may be
TR
a.
oAestG
y (par.
The requirements of residenc
(par. ¢)
certification of qualification
waived for the following:
3.
ward after the terminThe guardian with respect to the
rance of his/her financial
ation of the guardianship and clea
accountabilities (RA 8552, Sec. 7c).
the
221
4.
A non-resident alien or a Filipino permanently residing
abroad may also adopt under the Inter-country Adoption
adopt, or. one sponse
In case husband and wife jointly
other, joint parenta
adopts the illegitimate child of the
2.
es.
authority shall be exercised by the spous
Act (R.A. No. 8043)" subjeet to different qualifications*®
and under a different procedure.” (Art. 184, last par., FC)
B.
Sec. 7)
JOINT ADOPTION BY SPOUSES
1.
Husband
and
wife
shall jointly
following cases:
WHO MAY BE ADOPTED
B.
adept,
except
(RA 8352,
Any person below
administratively or
1.
in the
18 years
judicially
of age who bas been
declared available for
adoption*®;
a.
If one spouse seeks to adopt the legitimate child of the
other,
spouse, by the other
The legitimate son/daughter of one
2.
spouse;
b.
If one spouse seeks to adopt his/her own illegitimate
child, provided that the other spouse signified his/her
3.
Ifthe spouses are legally separated from each other.
4.
An
“% Inter-country adoption refers to the sacio-legal process of adopting a Filipino child by a
foreigner or a Filipino citizen permanently residing abroad where the petiton is filed, the
supervised trial custody
is undertaken,
Philippines. (Sec. 3 [a], R.A. No. 8043)
:
and the decres of adoption is issued outside the
‘8 Who May Adopt. - An ‘allen or a Filipiho citizen psrmanantly reslding abroad may file an
son/daughter by
a qualified
adopter
to
;
.irnprove his/her status to that of legitimacy
consent,
c.
illegitimate
ion, said person
A person of legal age if, prior to the adopt
ed by the adopter
has been consistently considered and treat
as his/her own child since minority;
5.
iously rescinded; or
A child whose adoption has been prev
6.
parent(s) has died;
A child whose biological or adoptive
application for Inter-country adoption of a Filipino child if Fe/she; (8) is at least twenty-seven (27)
years of age and at least sixteen (16) years older than the child to be adopted, at the time of
within 6 months
Provided, no proceedings shall be initiated
8557, Sec, 8)
from the death of said parent(s). (RA
Spa:
application unless the adoptor Is the parent by nature of the child to bs adopted or the
spouse of
such parent; (b) if married, histher spouse must jointly file for the adoption; (c) has the capacity
io act and assume all rights and responsibilities of parental authority under his national laws, and
has undergone the appropriate counseling from an accredited counsslor In his/her country; {d)
has not been convicted of a crime involving moral turpitude; {8} is eligible to adopt under
hister national law; (f) is In a position to provide the proper care and support and to give the
necessary moral values and example to all his children, including the child to be adopted; (g)
agrees to uphold the basic rights of the child as embodied under Philippine iaws, the UN.
Convention on the Rights of the Child, and to abide by the rules and regulations Issued to
implement the provisions of this Act; (h} comes from & country with whom the Philippines has
diplomatic relations and whose govemment maintains a similarly authorized and acgredited
agency and that adoption is allowed under his/her national laws; and (I) possesses: all the
qualifications and nona of the disqualifications providad heen and in other applicable Philippine
laws. (Sec. 9, R.A, No. 8043)
’
45% The petition is fied, te supervise 1 trial custody is undertaken, and the decree of adoption is
'
Issued ouiside the Philipp as.
222
"A
chi
or
n” refers to a chi ild who has been voluntarily
; for adoptiojon”
aflable
or og)
and poo
Avs to the Department of Social Weltare
voli
ick
Eye
gly and willingly refinquishes parental
committed child™is one whose parent(s) knowin
or unknown, has been
BS52, Sec. Ach
agency, freed o' ¥ eo a
foensed and accredited child-placing of child-caring
case of res
in
r(s)
histher biclogical parent(s) or guardian of adopte
the Department. {RA
to y
authorit
“nvoluntanly committed child” is one whose
parent(s), known
° Bri
(B52.
a
ie pliBowietmy
l authority due to abal
ermanently and judicially deprived of parenta
pare
rge
discha
to
etence
incomp
of
abuse;
Botnuous or repeated neglect;
(RA 8552, Sec, 3(d])
223
C.
WTaos
NSE!
CONSENT
IS NECESSARY: After being proper!
seled and informed of his/her right to give or witkold
his/her approval of the adoption,
i
the written c
following to the adoption is required —
ents, and the
ptee, the biological par
A case study of the ado
ed before
a social worker, is requir
adopters, conducted by
g. (RA 8552, Sec. 11)
the case is set for hearin
3.
oreent of he
Before
The adoptee, if 10 years of age or over;
2.
The biological parents of the child, if known, or the legal
.
i
guardian, ’ or the proper government instrumental
ntality which
;
child
the
of
ody
has legal cust
-
5.
10
yea
years of see or
’
person ad
1.
stall
the
give
original birth certificate
shall be cancelled
and an
ry.
issued by the Civil Regist
amended birth certificate
(RA 8552, Sec. 14)
ration of
l cause the fictitious regist
Note: Any person who shal
is not its
the name of a person who
the birth of a child under
which
th,
bir
guilty of simulation of
biological parent shall be
21 (b) of
ent and fine under Sec.
is punishable by imprisonm
RA 8552.
,
opting of to be adopted.
111. PROCEDURE
The
6.
The illegitimate children, 10 yrs of age or over, of the
adopter if living g with saidsai adopter and the latter’s spouse, if
(RA 8552, Sec. 9)
court
(RA 8552, Sec. 13)
The legitimate and adopted children,
i
The spouse S if an; y, of the
the
lication of
the 1 equirements and pub
After compliance with
that the
the court is corvinced
the order of hearing, and
ound to
red
and the adoption would
petitioners are qualified
ption shall
adoptee, 3 decree of ado
the best interest of the
petition.
of the date of filing of the
be entered effective as
The consent of the biological parent is not necessary if
e or she lacks legal capacity to give consent or has
over, of the adopters and adoptee, if any;
4.
petition,
months (subject to reduct
Sec. 12)
each other. (RA 8552,
to adjust and bond with
abandoned the child,*"!
3.
the
st 6
custody period of at lea
l
tria
d
ise
erv
sup
a
r
adopte
the parties
ion in proper cases) for
4.
1.
granting
IV. EFFECTS OF ADOPTION
All hearings and reco rds ini adopti
confidential. (RA 8552, Sec. 15)
prion
cases
shall
be
A.
The court shall ensure that the biological parents of the
child have been pro perly
counsel
decisions, (RA 8552, Sec. 10)
:
ed to prevent furried
45%
Santos
v. Aranzanss,
30598
Fama
5 josh GR
o N 0. L-23828, February 28, 1986; Duncan v, CFI Rizal, GR No. L224
biological
All legal ties between the
PARENTAL AUTHORITY:
on the
ted
l be severed and then ves
parents and the adoptee shal
adopter.
.
B.
of the
l parent is the spouse
Except where the biologica
adopter. (RA £552, Sec. 16)
l be considered the legitimate
LEGITIMACY: The adoptee shal
as such, is
all intents and purposes and
child of the adopter for
225
entitled to all the rights and obligations provided by law to
legitimate children born to them without discrimination of any
kind. (RA 8552, Sec. 17)
1.
2.
However, the relationship established by adoption is
limited solely to the adopter and the adopted, and does not
extend to the relatives of the adopting parents or of the
adopted
a child except only as expressly provided
for by
i
had left a will, the
If the adoptee and his biological parents
n. (RA 8552,
law on testamentary succession shall gover
Sec. 18)
a.
The adopted is an heir of the adopter but not of the
The adopted may use the surname
However, if the adopter is a married
husband did not jointly adopt with
may use only the adopter’s maiden
of the
woman
her, the
surname
adopter.
and her
adopted
and not
that the child was
husband, *%
2.
also
adopted
pied
e
By he
SUCCESSION
of
the
adopter
results
ir
Note: Art.
the retention
adopted and
on whether
repealed by
189-190 of the Family Code provides for
of certain successional rights between the
his biological parents. A question arises
these provisions have b.en impliedly
RA 8552.
It appears that the intent of RA 8552 is to simplify the
rules on succession involving adopted children.
*
»
}.
will
and the same shall then be vested on the adopter(s).”*’
The adopted cannot acquire the citizenship of the adopter
. by virtue of adoption. Adoption is not recognized by law
as a way of acquiring citizenship,***
C.
the
the
1t is opined that these successional ties between
dly
implie
been
have
s
adopted and his biological parent
es that
repealed, as Section 16 of RA 8552 provid
is the
“lelxcept in cases where the biological parent
the
en
betwe
ties
spouse of the adopter, all legal
d
biological parent(s) and the adoptee shall be severe
het surname by virtue of marriage. This is to avoid the
impression
in
Thus, the omission of the
preterition.**°
relatives of the adopter.*®
b.
direct line of the adopter.
adopted
b.
a.
in the
The adopted is considered 2 compulsory heir
In legal and intestate succession, the adopter and the
adoptee shall have reciprocal rights of succession without
distinction from legitimate filiation.
V.
RESCISSION OF ADOPTION
A. WHO
MAY RESCIND:
Only the adoptee (assisted by the
Development
and
Welfare
of Social
Department
guardian/counsel if the adoptee is minor or incapacitated)
as
462 Teofico
225%
v. Chan, 36,GR 1907
Sevan
No. L-18 753, March 26, 1965; : In re: : EdwinEdwin Vill
Vi v. Republic,i GR No. L- Teotico v. Chan, GR No. L-18753, March 26, 1965
Johnston v. Republic, GR Na, L-18284, April 30, 1963.
. v. Republic, kLeng vs. 2Galsne GR. No. L11931, 27 October 1958; - Uggi Unal Therkeisen
85 ChingNera
21981,
226
168 pcain v. IAC, G.R. No. T2708, October 27, 1987.
“Parental Awthority,” the actual text of
467 Although the epigraph of Section 16 of RA 8552 states
Code).
189 [2] of the Family
the provision refers to the broad term “egal ties” (cf. Article
227
The adopter may not rescind, but may disinherit the
adoptee under Art. 91% of the Civil Code. (RA 8552, Sec.
19)
B.
Chapter 1 5
:
GROUNDS FOR RESCISSION:
Support
Adoption may be rescinded on
the following grounds committed by the adopter:
1.
Repeated physical and verbal maltreatment by the adopters
despite having undergone counseling;
I.
IN GENERAL
pensable for
Concept. Support comprises everything indis
ance, education :
sustenance, dwelling, clothing, medical attend
capacity of the
and transportation, in keeping with the financial
1.
Attempt on the life of the adoptee;
family. (Art. 194, FC)
Sexual assault or violence; or
4,
C.
Abandonment and failure to
obligations. (RA 8552, Sec. 19)
comply
with
for some
Education includes schooling or training
age o
the
d
beyon
even
profession, trade or vocation,
parental
majority. (Art. 194, FC)
‘and from
Transportation includes expenses in going to
FC)
school, or to and from place of work. (Art. 194,
EFFECTS OF RESCISSION
L
The reciprocal rights and obligations of the adopter and the
adoptee to each other shall be extinguished.
If the adoptee is «till a 1ninor or incapacitated, the parental
authority of the biological parents or legal custody of
DSWD shall be restored.
The
court
shall
order
the
civil registrar to cancel
amended birth certificate and restore the original.
c.
2.
CC)
Support includes funeral expenses. (Art. 305,
Kinds. Support may be classified into:
by will.
Conventional, or support given by contract or
ned by
gover
ily
primar
is
it
Since it is voluntarily granted,
may
case
the
the provisions of the contract or of the will, as
the
be.
Most of
Legal, or support provided for or required by law.
deal with
the provisions of the Family Code on support
legal support.
Succession rights shall revert to its status prior to adoption,
but only as of the date of judgment of judicial rescission.
Vested rights prior to rescission shail be respected. (RA
8552, S=c. 20)
3
e
Characteristics of Legal Support.” The right to receiv
support is:
488 | Tolentino 575, citing Bonet and Oyuelos.
228
229
ote
no
Tot
Personal (based on family ties);
Intransmissible*’; >
Cannot be renounced*’,
2.
descendants;
Legitimate ascendants and
3.
mate and
e children and the legiti
Parents and their legitimat
Free from attachment or execution*™;
Reciprocal;
Variable
: in amount {dependin;
{depending on need:
capacity of obligor).*™
4.
itimate
ate children and the leg
Parents and their illegitim
of the latter;
and illegitimate children
5.
halfsisters, whether of full or
Legitimate brothers and
blood; (Art. 195, FC)
i
"of onligee and
of the
itimately related, whether
Brothers and sisters not leg
por
when the need for sup t of
full or half-blood, except only
of age, is due to a cause
the brother or sister, being
fault or negligence. (Art. 196,
imputable to the claimant's
6.
II. OBLIGATION TO SUPPORT
A,
latter;
illegitimate children of the
Cannot be compensated with another obligation*”';
Cannot be compromised®’?;
ron: Has . bo OBLIGATION TO SUPPORT: Subject to the
sions of the succeeding articles, the following are obliged
toEy
support each oth er. to the whole extent (as set forth in Art.
1.
FC)
support
ort, the court Lay grant
Note:. In an action for supp
ich
ationship of the parties (wh
pendente lite, unless the rel
n
ied or put in issue. E.g., whe
is the basis of support) is den
of the
The spouses;
a.
or when the filiation
the fact of marriage is denied*™
support pendente lite may
child is denied*” In such cases,
on has been
l an authoritative declarati
If the wife is forced to leave the conjugal home (e.g
due to philandering by the husband), she is entitled to
not be granted unti
relationship.
made as to the existence of the
separate maintenance from the husband."
b.
Adultery
wife isi a validi defense in
i an acticn for
—t of the wife
B.
-
But if the spouses are both
gui Ity
of i
i
right to support remains." guly of det:
RENCE
PREFERENCE OR CONCUR
1.
:
" See Art. 301 of Civil Code,
er two Or INOIE persons are
Order of Preference. Whenev
the
liability shall devolve upon
obliged to give support, the
lowing order:
following persons in the fol
a.
: U See Art, 301 of Civil Code.
The spouse;
71 Bee Art, 301 of Civil Cade.
#12 An, 2035, Civil Code.
#3 Art, 205, Family Code.
o- Ar. 201 , Family Code,
Gaoltia v. Campos Rueda, 35 Phil. 252; Dadivas v. Villanueva, 54 Phil, 92
47
vs. Lerma, &, 24 PHIL. 285; X Reyes v. Hon. Ines-Luclanc, G.R. No. L-48213, February
28, Quintana
1978
230
417 Almacen v. Baltazar, 103 Phil. 114.
iT Yangco v. Rohde, 1 Phil, 404.
752.
418 Francisco v. Zandueta, 61 Phil.
152.
Phil.
64
eta,
Zandu
v.
40 Francisco
231
,
solidarify liable with their separate properties
94 and 121)
b.
The descendants in the nearest degree;
c.
The ascendants in the nearest degree; and
b.
(a).
The common children of the spouses — same as
d.
The brothers and sisters. (Art. 199, FC)
¢.
(a).
The legitimate children of either spouse — same as
d.
The illegitimate children of either spouse —
Concurrent
obligation to
the payment
proportion to
-
Obligations to Give Support. When the
give support falls upon two or more persons,
of the same shall bé divided between them iin
the resources of each,
Only the parent's separate property is answerable.
is
However, if there is no scparate property or it
insufficient, support shall be advanced by either:
However, in case of urgent need and by special
circumstances, the judge may order only one of them
to furnish the support provisionally, without prejudice
i.
the absclute community or
to his right to claim from the other obligors the share.
ii,
the conjugal parmership, but only if it is financially
capable (ie. all the primary obligations or te
conjugal partnership have been covered). (Art.
due from them. (Art. 200, FC)
197, FC)
Concurrent rights to receive support.
When two or
more recipients at the same time claim support from one
and the same person legally obliged to give it, should the
latter not have sufficient means to satisfy all claims, the
. order established in Art. 199 shall be followed.
-
C.
(Arts.
:
The advances shail be deducted from the share of the
spouse obliged upon the liquidation of the absolute :
community or of the conjugal parmership. (Art. 157,"
EC)
However, if the concurrent obligees should be the
spouse and a child subject to parental authority, the
- child shall be preferred. (Art. 200, FC)
SOURCE
e.
Legitimate ascendants — same as (d).
£
Other descendants, whether legitimate or illegitimate —
same as (d).
g.
whether
sisters,
and
Brothers
as (d).
same
—
illegitimately related
OF SUPPORT
The source of the support would depend on the person
entitled thereto:
a.
2.
The spouses —
The absolute community or conjugal
liable for the support of the following:
The absolute community or the conjugal partership is
answerable.
If
insufficient,
232
the
spouses
shall
be
a.
The spouses;
233
legitimately
partnership
or
is
-
b.
Common vhildren of the spouses;
c.
Legitimate children of either spouse. (Arts. 94 and 121
FC)
E.
In cases of legal separation, annulment of marriage, and
declaration of nullity of marriage —
a.
b.
During the proceedings, the spouses and their children
shall be supported from the properties of the absolute
community or the conjugal partnership.
After the fina] judgment granting the petition, the
obligation of mutual support between the spouses
ceases.
in the sense
A judgment for support is never final
eased or
that its amount may always be incr
decreased ™
to give support shall
FORM OF SUPPORT: The person obliged
—
have the option to fulfill the obligation either
1.
By paying the allowance fixed, or
2.
dwelling the
By receiving and maintaining in the family
person who has aright t6 receive support.
a.
case there
The latter alternative cannot be availed of in
FO)
is a moral or legal obstacle thereto. (Art. 204,
Examples
~-
The amount of legal support shall be in preportion to:
a.
The resources or means of the giver and
b.
The necessities of the recipient. (Art. 201, FC)
Legal
support
shall
be
reduced
or
increased
The reduction
recipient and
or increase
of the necessities
child belongs to the mother.
of the
41 Canonizado v. Benitez, 127 SCRA 610 (1984).
452 Panunclo v. Suig, 34 0.G. 1231.
b.
The reduction or increase of the resources or means of
the person obliged to furnish the same. (Art. 202, FC)
234
is
abusive
ee is not
This alternative also presupposes that the oblig
which is
n,
perso
under a duty to live with another
the
superior to the obligee’s duty to live with
ter
daugh
the
that
insist
t
obligor.” Thus, parents canno
ter is
they are supporting live with them, if such daugh
A
already married and must live with her husband.
the
that
insist
t
canno
father of an illegitimate child also
such
‘latter live with him, since parental authority over
proportionately, according to:
a.
if husband
aiready has a different, legitimate family.*®
b.
*
(1)
his faiic:
(4) if the obligee is an illegitimate child and
order. (Art. 198, FC)
AMOUNT
obstacle:
towards the wife®™; (2) if husband forces the wife to do
“unchaste acts’™®; (3) if husband is a philanderer*™,
However, in case of legal separaticn, the court may
order that the guilty spouse shall give support to
the innocent one, specifying the terms of such
D.
of
18 Goltia v. Campos Rueda, 35 Phil. 252.
484 Dagivas v. Villanueva, 55 Phil, 92.
. #85 Tedenting 592, citing Spanish decision.
“48 | Tolentino 591.
235
F.
DEMAND AND PAYMENT
1.
as
passed.
the need for the same has already
a.
b.
|
SUPPORT BY STRANGER
I.
But support shall not be paid except from the date of
judicial or extrajudicial demand (Art. 203, BC).
1.
|
The law presumes that support is not needed unless it
is actually demanded.
person obliged to
When, without the knowledge of the
latter shall havea
give support, it is given by a stranger, the
unless it appears
right to claim the same from the former,
(Art.
reimbursed.
that he gave it without intention of being
206, FC)
A judgment for support is never final in the sense that
its demandability may be suspended or re-enforced
2.
when appropriate circumstances exist.**’
another unjustly
When the person obliged to suppoit
tly needed by
refuses or fails to give suppert when urgen
sh support to the
the latter, any third person may furni
ement from the
needy individual, with right of reimburs
person obliged to give support. (Art. 207,
made within the first five days of each
shallg be
ent ndin
Paymespo
month. Wher the recipient dies, his heirs
corr
-
shall not be obliged to return what he has received in
advance. (Art. 203, FC)
3.
ion
Support in arrears is no longer exempt from
488 execution
The obligaticn to give support shall be demandable from
the time the person who has a right to receive the same
needs it for maintenance. (Art. 203, FC)
2.
.
3.
Support pendente lite may be claimedin accordance with
FC)
the father
This provision shall particularly apply when
majority unjustly
or mother of a child under the age of
ort to the oh
refuses to support or fails to give supp
(Art. 207, FC)
when urgently needed. {
. the Rules of Court. (Art. 203, FC)
the support given
Under Art. 207, it is rot required that
n obliged to
by the stranger is unknown to the perso
G. EXEMPTION FROM ATTACHMENT OR EXECUTION
give support.
1.
The right to receive support as well as any money or
property obtained as such support shall not be levied upon
on attachment or execution, (Art. 205, FC)
In case of contractual support or that given by will, the
excess in amount beyond that required for legal support
shall be subject to levy on attachment or execution (Art.
.
208).
*7 Canonizado v. Benitez, 127 SCRA 610 (1984).
236
SUPPORT
IV. CONTRACTUAL OR TESTAMENTARY
A.
In case of contractual
EXCESS IS SUBJECT TO EXECUTION.
in amount beyond that
support or that given by will, the excess
to levy on attachment
required for legal support shall be subject
or execution. (Art. 208, FC).
#8 See Sempio-Diy 323-330.
237
B.
MODIFICATION.
Furthermore, contractual support shall be
subject to adjustment whenever modification is necessary due
to changes
of circumstances. manifestly
beyond
the
contemplation of the parties. (Art. 208, FC)
Chapter 16
Parental Authority
fl
1.
IN GENERAL
“A.
SCOPE AND CHARACTERISTICS
and duty of parents
Concept. Pursuant to the natural right
unemancipated
over the person and property of their
shall include:
children, parental authority and responsibility
for civic
them
ng
reari
(a) the caring for them and
development of
consciousness and efficiency and (b) the
and well-being.
their moral, mental and physical character
{Art. 209, FC)
not be
may
Parental authority and responsibility
rized
autho
cases
renounced or transferred except in the
by law. (Art. 210, FC)
a.
tal authority
The law authorizes rerunciation of paren
in the following cases™:
i. Adoption;
ii. Guardianship,
to children’s
iii. Surrender {in writing) of children
home or orphan asylum.
b.
who
A parent may regain custody of the child
merely entrusted to another.”
42 j Tolentino 605.
480 Celis v. Catuir, 86 Phil. 554 (1950).
238
239
was
c.
3.
Even if a minor child voluntarily stays with a third
person, the parent may regain custody over him or her
by habeas corpus.*”’
:
Duties of Children, Children have the following duties
towards their parents:
a.
Observe respect and reverence towards them (even if
g instances —
The father also prevails in the followin
In case of disagreement in the administration of the
i
to
child’s property, unless there is judicial order
the contrary (Art. 225, FC);
age for a
ii. In giving or denying consent to marri
child 18 to 21 years old (Art. 14, FC); and
s (Art.
iii. In responsibility for the child’s quasi-delict
2180, CC).
the children have already reached adulthood); and
b.
4.
Obey them as long as the children are under parental
authority. (Art. 211, FC)
Testimonial Privilege. No descendant shall be compelled,
in a criminal case, to testify against his parents and
grandparents. (Art. 215, FC)
belongs to
Parental authority over illegitimate children
the mother.
if they
Parental authority remains with the parents even
are abroad.”
_
-
-
Exception: when such testimony is indispensable in.a
crime against the descendant or by one parent against
the other. (Art, 215, FC)
The
privilege
protects
compelled to testify.
the
descendant
from
being
He cannot be prevented from
case
of disagreement,
the
the parent
In case of absence or death of either parent,
authority. (Art.
- present shall continue exercising parental
the parental authority over the children, unless the
I. "The father and the mother shall jointly exercise parental
authority over the persons of their common children. (Art.
211, FC)
In
the country.*” (Art. 212, FC)
affect
The remarriage of the surviving parent shall not
WHO EXERCISES PARENTAL AUTHORITY
a.
parental authority over the children who are left in
212, FC)
testifying if he chooses to do so.
B.
the
But if only one of the parents is abroad,
se
remaining parent shall have custody and exerci
father's
decision
shall
prevail, unless there is a judicial order to the contrary.
the
court appoints another person to be the guardian of
FC)
212,
person or property of the children. (Art.
autherity
In case of separation of the parenfs, pa. antal
shall be exercised by the parent designated by the Court.
(Art. 213, FC)
(Art. 211, FC)
+ Reyes vs, Alvarez, & Phil. 723; Salvafia vs. Gaeta, 55 Phil, 680.
© 240
2 pjdecoa v. Hong Kong & Shanghai Bank, 30 Phil. 228.
493 Ranzon v. Alviar, 97 Phil. 88 (1955).
241
The
court
shall
take
into
account
ali
acted her
effect on the welfare of the child or distr
from exercising proper parental care.
relevant
considerations, especially the choice of the child aver 7
years of age, unless the parent chosen is unfit, (Art.
-
The primary consideration in determining custody
is the best interest of the child.**
-
Normally, the innocent spouse will get custody of
by the
In case several survive, the one designated
ion
derat
consi
court, taking into account the same
authority.
mentioned in Art. 213, shail exercise the
Tender Age Presumption: No child under 7 years of
age shall be separated from the mother, unless the
court finds compelling reason to order otherwise.
-
The rule applies when the child is below 7 years
old at the time that either parent is chosen as the
custodian (not at the time of the filing of the
case),49
-
The mother has been declared unsuitable to have
custody of her children in one or more of the
following
instances:
neglect,
abandonment,
unemployment, immorality, habitual drunkenness,
drug addiction, maltreatment of the child, insanity
(Att. 214, FC)
parental
If the child has no grandparent, substitute
or sister,
authority will be given to the oldest brother
s actual
child'
over 21 years of age, of if none, the
FC}
custodian, over 21 years of age. (Art. 216,
11.
AUTHORITY
SUBSTITUTE AND SPECIAL PARENTAL
A.
SPECIAL
DISTINCTION BETWEEN SUBSTITUTE AND
PARENTAL AUTHORITY
or affliction with a communicable disease.**’
1.
That the mother is an adulterer or a prostitute ot a
lesbian is not compelling reason per se.
To
deprive the mother of custody, it must be clearly
established that her moral lapses had an adverse
she may be considered unfit.*”
of the parents,
In case of death, absence or unsuitability
ised by the
substitute parental authority shall be exerc
surviving grandparent. (Art. 214, FC)
4,
the children.”*
-
our,
If the mother openly cohabits with her param
-
213, FC)
2.
in case or
Substitute Parentai Authority — exercised
it is not
thus,
death, absence or unsuitability of parents;
parents.
concurrent with the parental authority of the actual
child is
Special Parental Authority — exercised while the
person with
in the temporary custody ot supervision of the
the parental
spectal parental authority; it is concurrent with
44 Gualberto v. Gualberto, G.R. Nos. 154994 & 156254, June 28, 2005.
49% Sy v. Court of Appeals, G.R. No. 124518, December 27, 2007.
4% Espiritu v, CA, 312 Phil. 431, 440, March 15, 1995,
47 Gualberto v. Gualberto. G.R, Nos, 154994 & 156254, June 28, 2005, citing Bricnes v. Miguel,
GR No.'156343, October 18, 2004; Tonog v. CA, 427 Phil. 1, 7, February 7, 2002; Cervantes v,
Fajarda, 169 SCRA 375, Jenuary 27, 1989; Medina v. Makabali, 137 Phil, 329, 331, March 28,
]
28, 2005. .
3ualbert v. Gualberto, GR. Nos. 154984 & 166254, June
498
Espiritu v. CA, 312 Phil. 431,
1880;
17,
er
Novemb
189,
183,
SCRA
101
Navamo,
v.
49 io Il
1969,
440, March 15, 1995.
242
243
authority of the parents (or those with substitute parental
authority).
B.
custody. (Art. 218, FC)
a.
SUBSTITUTE PARENTAL AUTHORITY
1.
supervision, instruction or
minor child while under their
Who Shall Exercise. In default of parents or a judicially
appointed guardian, the following person shall exercise
substitute parental authority over the child in the order
indicated:
‘
a.
The survivi;zg grandparent, as provided in Art. 214;
b.
The oldest brother or sister, over 21 years of age,
unless unfit or disqualified; and
c.
The child's actual custodian, over 21 years of age,
unless unfit or disqualified. (Art. 216, FC)
‘Whenever the appointment or a judicial guardian over the
property of the child becomes necessary, the same order of
preference shall be observed. (Art. 216, FC)
shall apply to
This special authority and responsibility
e or outside the
all authorized activities whether insid
tution. (Art. 218,
premises of the school, entity or insti
FO)
other student
Eg, field trips, excursions and
teachers.
affairs authorized by the school or its
-
b.
and responsibility
Those given such special authority
for damages
shall be principally and solidarily ligble
unemancipated
caused by the acts or omissions of the
minor. (Att. 219, FQ)
ii.
shall
be
entrusted
in
summary
judicial
proceedings to heads of children’s homes, orphanages
and similar institutions duly accredited by the proper
government agency. (Art. 217, FC)
SPECIAL PARENTAL AUTHORITY
1.
The school, its administrators and teachers, or the
individual, entity or institution engaged in child care shall
have special parental authority and responsibility over the
244
respective
liabilities
of
those
exercising
apply
special authority and responsibility shall not
the injury.”
this and
ii. All other cases not covered by
by
rned
preceding articles shall be gove
The person exercising substitute parental authority shall
have the same authority over the person of the child as the
parents. (Art. 233, FC)
C.
The
the proper
if it is proved that they exercised
particular
the
under
required:
diligence
proved
not
is
it
if
or
circumstances (Art. 219, FC),
of
cause
e
that their negligence was the proximat
In case of foundlings, abandoned neglected or abused
children and other children similarly situated, parental
authority
the persons
The parents, judicial guardians or
y over said
exercising substitute parental authorit
219, FC)
minor shall be subsidiarily liable. (Ant.
i.
wc
the
-delicts. (Art.
provisions of the Civil Code on quasi
219, FC)
tor, teacher of
In no case shall the school administra
special parental
individual engaged in child care exercising
No. 143363, February 6, 2002,
500 St. Mary's Academy v. Carpitanas, G.R.
No. 143363, February 6, 2002.
G.R.
anos,
Carpit
v,
ny
$1 $t, Mary's Acader
245
in them compliance with
in civic affairs, and inspire
the duties of citizenship;
authority inflict corporal punishment upon the child. (Art.
233, FC)
esome educaticnal
To furnish them with good and whol
, recreation and
materials, supervise their activities
them from bad
association with others, protect
acquiring habits
company, and prevent them from
morals;
detrimental to their health, studies and
d.
HI. EFFECT OF PARENTAL AUTHORITY
A.
EFFECT ON THE PERSONS OF THE CHILDREN
1.
Right and Duties. The parents and those exercising
parental authority shall have the following rights and duties
an 30
50) to their unemancicipated children
or wards: :
with
respect
i
their child the
The parents who neglect to give
in life and
on
education required by their stati
ition may be
permitted by their financial cond
h and ! day
penalized with arreste mayor (1 mont
.
to 6 months) and fine.™™
a.” To keep them in their company, to support, educate
and instruct them by right precept and good example,
and to provide for their upbringing in keeping with
of choosing
The child shall have the prerogative
.
-
Parents cannot force
his or her future spouse.’®
their means;
but they can
their child to marry a certain person,
if their child is
withhold their consent to marriage
under 21 years of age.
The parents may recover custody of their child (by
habeas corpus proceedings), even if the child
abandons them or does not want to go back to
them.™®
To
e.
represent
them
in
their
all matters - affecting
interests;
-
Abandoning a minor under 7 years of age by a
person who has legal custody over him or her is
punishable by arresto mayor (1 month and 1 day to
6 months) and fine.’
To give them love and affection, advice and counsel
companionship and understanding;
To provide them with moral and spiritual guidance
inculcate in them honesty, integrity, self-discipline,
self-reliance, industry and thrift, stimulate their interest
2.
£
e;
To demand from them respect and obedienc
g.
be required under
To impose discipline on them as may
the circumstances; and
h.
imposed by law
To perform such other duties as are
FC)
upon parents and guardians. (Art. 220,
persons exercising
Civil Liability, Parents and other
for the injuries and
e
parental authority shall be civilly liabl
damages
caused
by
the
504 Rlavised Penal Code, Art. 277.
02 Reyes v. Alvarez, § Phil. 273.
50 Revised Penal Code, Art. 276.
5 The Child and Youth Welfare Code, At. 57.
246
247
acts
or
omissions
of
their
support. (Art,
committed but shall provide for his
unemancipated children living in their company and under
their parental authority subject to the appropriate defenses
224, FC)
provided by law, (Art. 221, FC)
nce, the
Upon proper petition or at its wh insta
child
the
court may terminate the commitment of
whenever just and proper. (Art. 224, FC)
ii,
-
This vicarious liability shall cease when the parents
prove that they observed all the diligence of a good
father of a family to prevent damage. (Art. 2180, CC)
‘B.
Guardian. The courts may appoint a guardian of the
_child’s property or a guardian ad litern when the best
interests of the child so requires. (Art. 222, FC)
Discipline. The parents or, in their absence or incapacity,
the individual, entity or institution exercising parental
authority, may r.tition the proper court of the place where
the child resides, for an order providing for disciplinary
measures over the child. (Art. 223, FC)
a.
b,
The child
either of
summary
petitioner
shall be entitled to the assistance of counsel,
his choice or appointed by the court, and a
hearing shall be conducted wherein the
and the child shall be heard. (Art. 223, FC)
However, if in the same proceeding the court finds
petitioner at fault, irrespective of the merits of
petition, or when the circumstances so warrant,
court may also order the deprivation or suspension
DREN
EFFECT ON THE PROPERTY OF T HE CHIL
and the mother
Guardianship Over Property. The father
the property
shall jointly exercise legal guardianship over
necessity
the
ut
of the unemancipated common child witho
of a court appointment. (Art. 225, FC)
shall
In case of disagreement, the father's decision
ry.
contra
prevail, unless there is a judicial order to the
a.
(Art. 225, FC)
b.
CC)
the
the
the
of
The disciplinary measures referred to may include the
commitment of the child for not more than thirty days
the
A disinherited ‘parent cannot administer
the
property inherited by his/her child from
923,
ascendant who disinherited the parent. (Ast.
i.
ii.
parental authority or adopt such other measures as it
may deem just and proper. (Art. 223, FC)
¢.
Lega! disqualification:
A
parent
¢.
on;
Guardianship extends only to acts of administrati
the parents
cannot
children's homes duly accredited
government agency. (Art. 224, FC)
approval.”
i.
proper
The parent exercising parental authority shall not
interfere with the care of the child whenever
248
to succeed an
ce)
without judicial
the
incapacitated
ascendant cannot administer the property inherited
by his/her child from such ascendant. (Art. 1035,
in entities or institutions engaged in child care or in
by
is
who
alienate their
authorization.
child’s
property
Also, they cari:
repudiate the inheritance of their wards without judicial
20, 1992.
$06 |_jndain v. Court of Appeals, G.R. No. 95305, August
18, 2006.
S07 Guy v. Court of Appeals, G.R. No, 163707, September
249
the family. (Art. 226,
to the collective daily needs of
FC)
Bond. Where the market value of the property or the
annual income of the child exceeds P50,000, the parent
Legal disqualification:
concerned shall be required to furnish a bond to guarantee
the performance of the obligations prescribed for general
ruct over the
A disinherited parent cannot have usuf
guardians. (Art. 225, FC)
a.
from the
property inherited by hisfher child
923)
ascendant who disinherited the parent. {Art.
The bond shall be in such amount as the court may
determine, but not less than 10% of the value of the
b.
to succeed an
A parent who is incapacitated
the property
ascendant cannot have usufruct over
ascendant.
inherited by his/her child from such
il.
property or annual income. (Art. 225, FC)
A verified petition for approval of the bond shall be
(Att. 1035)
filed in the proper court of the place where the child
resides, or, if the child resides in a foreign country, in
the proper court of the place where the property or any
of administration of
If the parents entrust the management
pated child, the net
any of their properties to an unemanci
to the owner. (Art.
proceeds of such property shall belong
4.
part thereof is situated. {Art. 225, FC)
c.
227, FC)
The petitin shall be docketed as a summary special
proceeding; in which all incidents and issues regarding
the performance of the parent’s obligations shall be
heard and resolved. (Art. 225, FC)
d.
onable monthly
The child shall be given a reas
that which the
allowance in an amount not less than
istrator were a
owner would have paid if the admin
entire proceeds to
stranger, unless the owner, grants the
the child. (Art. 227, FC)
a.
The ordinary rules on guardianship shall be merely
"suppletory except when the child is under substitute
parental authority, or the guardian is a stranger, or a
b.
parent has remarried, in which case the ordinary rulas
on guardianship shall apply. (Art. 225, FC)
e or in part
In any case, the proceeds thus give in whol
ime. (Art. 227,
shall not be charged to the child's legit
FC)
Exclusive Ownership. The property of the unemancipated
child earned or acquired with his work or industry or by
onerous or gratuitous title shall belong to the child in
ownership and shall be devoted exclusively to the latter's
support and education, unless the title or transfer provides
otherwise. (Art. 226, FC)
-
oo
A. GROUNDS
Limited usufruct. The right of the parents over the
fruits
and
income
of the
child's property
shall
FOR
authority terminates
order) —
be
limited primarily to the child's support and secondarily
250
Iv. SUSPENSION OR TERMINATION
OF PARENTAL AUTHORITY
1.
PERMANENT
TERMINATION:
permanently (without
Upon the death of the parents;
251
need
Parental
of judicial
B.
Upon the death of the child; or
3.
Upon emancipation of the child. (Art. 228, FC)
oo
2.
d to acts
Subjects the child or allows him to be subjecte
d.
of lasciviousness.
which have
These grounds are deemed to include cases
t or the
paren
the
of
resulted from culpable negligence
231, FC)
person exercising parental authority. (Art.
-
GROUNDS FOR TEMPORARY TERMINATION (SUBJECT TO
REVIVAL): Parental authority also terminates in the following
cases, but may subsequently be revived by a final judgment —
1.
counsel or example;
Gives the child corrupting orders,
Compels the child to beg; or
court may, in its
These grounds are not exclusive. The
for other grounds
discretion, suspend parental authority
when necessary to protect the child.
-
Upon adoption of the child;
Upon appointment of a general guardian,
e of seriousness so
Deprivation of Authority. If the degre
Upon judicial declaration of abandonment of the child in a
case filed for the purpose;
so demands, the court
warrants, or the welfare of the child
tal authority or adopt
shall deprive the guilty party of paren
proper under the
quch other measures as may be
circumstances. (Art. 231, FC)
Upon final judgment of a competent court divesting the
party concerned of parental authority; or
.
Upon judicial declaration of absence or incapacity of the
person exercising parental authority. (Art. 229, FC)
C.
SUSPENSION OF PARENTAL AUTHORITY
L
«Gexual
Automatic Suspension. Parental authority is suspended
The authority is automatically reinstated upon service
of the penalty or upon pardon cr amnesty of the
offender. (Art. 230, FC)
Judicial Suspension. The court in an action filed for the
purpose in a related case may also suspend parental
authority if the parent or the person exercising the same:
a.
abuse”
4.
a
ground
for
permanent
The
Deprivation.
or
of Suspension
Revocation
ked and the parental
suspension or deprivation may be revo
purpose or in the
authority revived in a case filed for the
the cause therefor
same proceeding if the court finds that
231, FC)
has ceased and will not be repeated. (Art.
Treats the child with excessive harshness or cruelty;
252
as
serious deprivation of parental authority is more
d for
groun
a
is
than “acts of lasciviousness™ which
mere suspension of parental authority.
upon conviction cf the parent or the person exercising the
same of a crime which carries with it the penalty of civil
interdiction. (Art. 230, FC)
’
-
authority has
If the person exercising parental
subjected to
be
subjected the child or allow=d him to
be permanently
sexual abuse, such person shall
(Art. 232, FC)
deprived by the court of such authority.
253
Chapter 17
Emancipation
1.
and Majority
Chapter 18
dings
Summary Judicial Procee
In Family Law
EMANCIPATION
A,
AGE OF MAJORITY: Emancipation takes place by the
attainment of majority. Unless otherwise provided, majority
commences at the age of 18 years. (Art. 234, FC, as amended
by RA 6809)
PRIOR RULE: Prior to the
the age of majority was 21
that upon its effectivity,
grants, insurance policies
references and provisions
to their prejudice,
amendment introduced by RA 6809,
years. RA 6809 expressly provides
existing wills, bequests, donations,
and similar instruments containing
favorable to minors will not retroact
I.
SCOPE OF APPLICATION
Title
Court, the procedural rules in
Until modified by the Supreme
in the
apply in all cases provided for
XI of the Family Code shali
FC),
238,
.
(Art
court proceedings
said Code requiring summary
including:
or community property.
Incidents involving the conjugal
1.
of administration
Disagreement on matters
FC)
enjoyment (Arts. 96, 124, 253,
a.
for transactions where
Obtaining judicial authorization
is required by law but
the consent of the other spouse
ot be obtained (Arts.
such consent is withheld or cann
b.
II.
EFFECTS OF
EMAT
and
CIPATION
96, 124, 239, FC);
A.
TERMINATION OF PARENTAL AUTHORITY: Emancipation
shall terminate parental authority over the person and property
of the child who shall then be qualified and responsible for all
2.
acts of civil life, save the exceptions established by existing
laws in special cases. (Art. 236, FC, as amended by RA 6809)
PARENTAL CONSENT: Contracting marriage shall require
parental consent until the age of 21. (Art. 236, FC, as amended
by RA 6809)
VICARIOUS LIABILITY: Parents and guardians remain liable
for damages caused by their children and wards below 21 years
of age who live in their company (Art.2236, FC, as amended by
RA 6809, in relation to Art. 2180 of Civil Code).
254
rate property of an
Incidents involving the sepa
conjugal or community
abandoning spouse. Where the
se present may seek
property is insufficient, the spou
or encumber any specific
judicial authority to administer
ng spouse and to use the
separate property of the abandoni
ort of the family (Art.
fruits or proceeds thereof for the supp
100, 127, 248, FC);
3.
rity.
Incidents involving parental autho
a.
over a child (Art.
Request for disciplinary measures
223, FC);
255
b.
executed by the parties
In any case, the final deed duly
by the court. (Art. 239,
shall be submitted to and approved
2.
Disagreement between the parents as to guardianship
over the property of children (Art. 225, FC)
c.
FC)
Approval of guardianship bond filed by parents with
respect to their children’s property (Art. 225, FC)
by cither spouse, except costs
Damages: Claims for damages
gated only in a separate action.
of the proceedings, may be liti
C.
(Art. 240, FC)
Declaration of presumptive death of absentee spouse for
purpose of remarriage (Arts. 41, 253, FC)
* D.
Delivery of presumptive legitime (Arts. 51, 253, FC)
petition shall, upon proof of
Jurisdiction: Jurisdiction over the
court
cised by the proper
_ notice to the respondent, be exer
regional
ly cases, if one exists, or in the
authorized to hear fami
241, FC)
trial court or its equivalent. (Art.
Fixing the family domicile and exemption from living in
the family domicile (Arts. 69, 253, FC)
E.
Granting
of parental authority
over
foundlings,
abandoned, neglected or abused children and other children
Venue:
1.
similarly situated (Arts. 217, 253, FC)
2.
II. PROCEDURAL RULES
The
following rules apply to the cases enumerated in the previous
F.
section (Arts. 239, 248, 252, 253, FC):
A.
IN GENERAL: Cases requiring summary proceeding shall be
decided in an expeditious manner
1
witho ut regard to techn i
rules. (Art. 238, FC)
)
? techies
B.
FILING OF VERIFIED PETITION:
The petition shall be verified
and shall allege the relevant facts (Arts. 239, 249, FC).
1.
‘Where the petition is for the purpose of obtaining judicial
authorization to a transaction, the petition shall attach the
orization. for property
In cases to obtain judicial auth
the place
Spouses
transactions and other cases between
FC)
241,
(Art.
where either of the spouses resides.
y -- the place where the
In cases involving parental authorit
child resides. (Art. 250, FC)
NOTICE TO RESPONDENT:
1.
In cases
Spouses -— Upon the
transactions and other cases between
notify the other spouse,
filing of the petition, the court shall
is required, of said
whose consent to the transaction
show cause why the
petition, ordering said spouse to
before the date set in
petition should not be granted, on or
The notice shall be
said notice for the initial conference.
and shall be served
accompanied by a copy of the petition
se concerned. (Art.
at the last known address of the spou
proposed deed, if any, embodying the transaction, and, if
none, shall describe in detail the said transaction and state
242, FC)
the reason why the required consent thereto cannot be
a.
secured. (Art. 239, FC)
oo
256
property
to obtain judicial authorization for
whose consent
Incase of non-appearance of the spouse
ns for his
is sought, the court shall inquire into the reaso
257
b.
or her failure to -appear, and shall
appearance, if possible. (Art. 244, FC)
require
such
If,
of the
non-
the court
may
despite
consenting
all
efforts,
spouse
the
is not
attendance
secured,
procesd ex parte and render judgment as the facts and
circumstances may warrant. Ja any case, the judge
shall
endeavor to protect the interests of the nonappearing spouse. (Art. 245, FC)
2.
G.
In cases involving parental authority -- Upon the filing of
the petition, the court shall notify the parents or, in their
absence. or incapacity, the individuals, entities or
institutions exercising parental authority over the child.
(Art. 251, FC)
PRELIMINARY CONFERENCE: A preliminary conference shall
be conducted by the judge personally without the parties being
assisted by counsel. (Art. 243, FC)
-
SUMMARY
HEARING:
succeeding
hearing on the basis of affidavits, documentary evidence or oral
testimonies at the sound discretion of the court. (Art. 246, FC)
Iftestimony is needed, the court shall specify the witnesses
to be heard and the subject-matter of their testimonies,
directing the parties to present said witnesses. (Art. 246,
and therefore remain in
have no been repealed by the Family Code
effect.
Care and Education of Children
(Title Xii of the Civil Code)
I. IN GENERAL
JUDGMENT:
A.
B.
CHILDREN'S WELFARE:
In ali questions on the care, custody,
welfare shall be
education and property of children, the latter's
paramount. (Art, 363, CC)
shall be separated
TENDER AGE PRESUMPTION: No mother
s the court finds
from her child under 7 years of age, unles
363; see discussion
compelling reasons for such measure. (Art.
supra)
I. RIGHTS OF A CBILD: Every child —
Is entitled to parental care;
Shall receive at least elementary education;
the parents or
3. Shall be given moral and civic training by
guardian;
cive to his
4, Has a right to live in an atmosphere condu
356)
physical, moral and intellectual development. (Art.
1.
FC)
I.
Persons and Family which
The Civil Code has some provisions on
If the petition is not resolved at the
initial conference, :.aid petition shall be decided in a summary
-
ns
Other Civil Ccde Provisio
On Persons and Family
After the initial conference, if the court deems it useful, the
parties may be assisted by counsel at the
conferences and hearings. (Art. 243, FC)
H.
Chapter 18
The judgment of the court shall be immediately
"final and executory, (Art. 247, FC)
258
259
_
111. DUTIES OF A CHILD: Every child shall —
1.
judicially admonished. {At. 362)
Obey and honor his parents or guardian,
Respect his grandparents, old relatives,
holding substitute parental authority;
and
persons
3.
Exert his utmost for his education and training;
4.
Cooperate with the family in all matters that make for the
good of the same. (Art. 357)
Surnames
(Title XII of the Civil Code)
GENERAL RULES
I.
IV. ROLE OF PARENTS:
Every parent and every person holding
substitute parental authority shall see to it that the rights of the
A. CONSISTENCY:
B.
The goversment promotes the full
growth of the faculties of every child. For this purpose,
government will establish, whenever possible:
the
n
BO
optional religious
shall beh
taught as part ere
of the
I ey instruction
Od
curriculum at the option of the parent or guardian (Art.
i
look
after
the
welfare
of
children
in
]
the
Juvenile courts (Art. 360), which must be established, as
far as practicable,
in every
municipality. (Art. 361)
chartered
379)
Pen names and stage names cannot be usurped. (Art.
378}
persons surname gives a right of action to the latter. (Art.
IIL. SURNAME OF CHILDREN AND DESCENDANTS
municipalities.
4,
377)
subject of an action for damages and other relief, (Art.
r
D. UNLAWFUL USE: The unauthorized or unlawful use of anothe
:
Puede ue similar centers (Ar. 360)
Councils for the Protection of Children (Art. 360), which
shall
me may be the
USURPATION: Usurpation of a name and suma
.
360);
#
3.
me without
CHANGE: No person can change his name or surna
in case
ity,
author
tive
judicial authority (Art. 376), or administra
infra.
of change of first name. (R.A. 9048) — See discussion
C.
imi
stage names
Exception: The employment of pen names or
and there is
is permitted, provided it is done in good faith
no injury to third persons. (Art. 379)
-
highmindedness, love of country, veneration for the national
heroes, fidelity to democracy as a way of life, and attachment to the
ideal of permanent world peace. (Art. 358)
ROLE OF GOVERNMENT:
No person shall use different pames and
surnames. {Art. 380)
: }
child are respected and his duties complied with, and shall
particularly, by precept and example, imbue the child with
V.
any court, the
Whenever a child is found delinquent by
proper case be
father, mother, or guardian may in a
;
Legitimate and legitimated pov
2.
An adopted child shalt bear the surname of the adopter.
city or large
the surname of the father. (Art.
(Art. 365)
260
shall principally use
1.
261
364)
husband's surname (e.g.,
Her maiden first name and her
3.
Corazon Aquino), of
IHegitimate children shall bear the surname of the mother
(Art. 176, FC, as amended by RA 9235)
a.
ixing 2 word indicating
Her husband's full name, but pref
." (e.g., Mrs. Benigno
that she is his wife, such as "Mrs
However, illegitimate children may use the surname of
their father if their filiation has been expressly
recognized by the father through the record of birth
Aquino, Jr), (Att. 370) or
n her maiden first name
A married woman may also retai
angco). Adoption of the
and surname (e.g., Corazon Coju
4.
appearing in the civil register, or when an admission in
a public document or private handwritten instrument is
husband’s name is optional**
made by the father (Art. 176, FC, as amended by RA
9255).
t of marriage ANNULMENT: In case of annulmen
B.
b.
4,
The father has the right to institute an action before the
regular courts to prove non-filiation during his lifetime
(Art. 176, FC, as amended by RA 9253).
In case of identity of names and surnames, the younger
person shall be obliged to use such additional name or
2.
may resume her maiden
Ifsheis the innocent spouse, she
may choose to continue
name and surname. However, she
me. vless:
employing her former husband's suma
-
a.
In case of identity of names and surnames between
ascendants and descendants, the word "Junior" can be
used only by a son. (Art. 373)
Grandsons
and
other
direct
male
descendants
shall
%.
C.
either:
1
Add a middle name or the mother's surname, or
fi.
Add the Roman
numerals II, III, and so on. (Art
D.
375)
HI. SURNAME OF MARRIED WOMEN
OPTIONS: A married woman may use:
L
shall resume her maiden
If the wife is the guilty party, she
name and surname. (Art. 371)
surname as will avoid confusion. (Art. 374)
-
A.
1.
Her maiden first name and surname and add her husband's
surname {e.g., Corazon Cojuangco Aquino), or
262
E.
The court decrees otherwise, or
again to another
She or the former husband is married
person. (Art. 371)
ration has been granted,
LEGAL SEPARATION: When legal sepa
and surname employed
the wife shall continue using her name
before the legal separation. (Art. 372)
the deceased
WIDOWHOOD: A widow may use
373).
(Art.
g
surname as though he were still livin
husband's
g that it was validly
DIVORCE: In case of divorce {assumin
occupation), the divorced
decreed, such as during the Japanese
of her former husband,
wife may continue using the surname
present wife.’”® The
even over the objection of the latter's
58 | Tofentino 675.
27, June 10, 1988.
598 Tolantino v. Court of Appeals, G.R. No. L-414
23
present wife cannot claim exclus
Pree
clusi
ive ve right
right to use the husband's
-
H
fraudulent purpose or that the change of name weculd
prejudice public interest.
Owever, a woman cannot falsely represent that
she is the
3.
me of a certain man. This act is usurpation
of the status
of a wife, which is actionable and may be
enjoined!
:
JUDICI
AL: :
No
B.
person
can
change
without judicial authority, (Ast. 376)
1.
a sufficient
cause
for
name
on
o
Smee
a.
when the name is ridiculous, dishonorable or extre
mely
difficult to write or pronounce;
b. whener the change results as a legal consequen
i
legitimation;
ence, ssn
¢. when the change will avoid confusion;
d. when one has continuously used and been
known since
childhood by a Filipino name, and was unawa
re of
alien parentage;
¢. a sincere desire to adopt a Filipino name
to erase signs
of former alienage, all in good faith and
without
prejudicing anybody; and
f. when the surname causes embarrassment
and there is
no showing tt at the desired change of name
was for a
The petitioner finds the first name or nickname to be
ridiculous, tainted with dishonor or extremely difficult
to write or pronounce.
b.
The new first name or nickname has been habitually
and continuously used by the petitioner and he has
been publicly known by that first name or nickname in
the community; or
¢.
The change will avoid confusion.
Surgical sex change is not a ground for a change of
first name or change of sex in the birth
-
certificate51
Absence
(Title XIV of the Civil Code)
1.
IN GENERAL
A.
DEFINITION: Absence is the special legal status of one who is
not in his domicile, his whereabouts being unknowm, and it is
uncertain whether he is dead or ative.’
ne 101688,
October 19, 2007. Republic v. Bolante, G.R. No.
13 Lin Wang v. Cebu City Civil Registrar, G.R. No. 159966,
March 30, 2005
264
of
a.
Recognized grounds to warrant change of name:
10 Tolenti
;
no v. : Coutt of Appeals
peals, G.R. No. L
change
ADMINISTRATIVE: For a change in first name, this can now
be done administratively, by filinga petition with the local civil
Before a person can legally change his given name,
he
must present proper or reasonable cause or any compel
iin
54 Siva v, Perala, 110 PML 577,
$12160557
Silveri
o v. 20.Republ
is, » G.R,G.R. No. 174688,
. July
2008,
not
registrar or consul general under R.A. No. 9048.%* Grounds:
hisi
reason justifying such change. He must also show that he io
prejudiced by the use of his true and official name?
2.
is
name.>
- IV. CHANGE OF NAME
A.
Convenience
£14 Lin Wang v. Cebu City Civil Registrar, G.R. No. 159966, March 30, 2005.
515 Silverio v. Republic, G.R. No, 174688, October 18, 2007.
- 518 Silverio v. Republic, G.R. No. 174688, October 19, 2007.
265
B.
TMENT
WHO MAY ASK FOR APPOIN
B. STAGES OF ABSENCE?
1.
Provisional
Absence
—
occurs
as
soon
as
a person
C.
may appoint a representative as a provisional measure.
Declared Absence — judicially declared absence after two
years since the last news was heard from him, or five years
if he left an administrator.
II. PROVISIONAL ABSENCE
A.
In the appointment of a
WHO MAY BE APPOINTED:
shali be preferred when there |
representative, the spouse present
is no legal separation. (Art. 383)
competent person may
If the absentee left no spouse, any
383)
be appointed by the court. (Art.
.
Presumptive Death — the absentee is presumed dead after
according to circumistances.
A friend. (Ast. 381)
3.
disappears from his domicile and his whereabouts are
unknown, leaving no administrator of his property. Court
lapse of the period which is provided by law and varies
An interested party,
Arelative, or
1.
2.
118
DECLARATION OF ABSENCE
absence of a person may be
DECLARATION OF ABSENCE: The
of 2 years without any
declared by the court after the lapse
receipt of the last news.
news about the absentee or since the
APPOINTMENT OF REPRESENTATIVE
(Art. 384)
1.
1.
When
a person disappears from his domicile, his
whereabouts being unknown, and without leaving an agent
to administer his property, the court may appoint a person
to represent him in all that may be necessary. (Art. 381)
of the administration
If the absentee left a person in charge
elapsed before the
of his property, 5 years must have
declaration of absence. (Art. 384)
ial declaration of
Publication Requirement. The judic
6 months after its
absence shall not take effect until
al circulation. (Art.
publication in a newspaper of gener
2.
.a,
This same rule shall be observed when under similar
circumstances the power conferred by the absentee has
expired. (Art. 381)
The judge shall take the necessary measures to safeguard
the rights and interests of the absentee and shall specify the
powers, obligations and remuneration of his representative,
regulating them, according to the circumstances, by the
rules concerning guardians. (Art. 382)
517 | Tolentine 683.
5 | Tolentino §83, citing Casian.
266
386)
ATION OF ABSENCE
. WHO MAY ASK FOR THE DECLAR
1.
The spouse present;
5
present an authentic
The heirs instituted in a will, who may
copy of the same;
3.
law of intestacy;
The relatives who may succeed by the
267
4.
Those who may have over the property of the absentee
some right subordinated to the condition of his death. (Art
If the absentee left no spouse, any competent person
may be appointed by the court. (Art. 387, in rel. to 383)
shall be
For purpose of opening succession — an absentee
it being
presumed dead after an absence of 10 years,
390)
(Art.
lives.
still
unknown whether or not the absentee
Although Art. 388 of the Civil Code mentions only the
wife-administratrix, the prohibition against alienation
age of
However, if the absentee disappeared after the
be
shall
seventy-five years, an absence of 3 years
d.
sufficient in order that his succession may be opene
(Art. 390)
-
or encumbrance of the absentee’s property (unless with
judicial
authority)
applies
also
to
all
cia
oth
administrators.”"®
i
For purpose
Termination. The administration shall cease in any of the
following cases:
a.
belief of
years, and the spouse present has a well-founded
When the absentee appears personally ar by means of
an agent;
'
¢.
When the death of the absentee is proved and his
testate or intestate heirs appear;
When
a third person
appears, showing
by a proper
document that he has acquired the absentee's property
the other’s death.
UNDER DANGEROUS CIRCUMSTANCES
I.
purposes
(including
succession),
except
for all
remarriage — The following shall be presumed dead
the
purposes, including the division of the estate among
heirs:
a.
268
all
For
by purchase or other title.
519 See Rule 98, Section 2.
of remarriage — absentee spouse may be
for 4
declared presumptive dead if he has been absent
B.
b.
the
ssion and
For all purposes, except for those of srcce
after an
dead
med
remarriage — an absentee shall be presu
or not the
absence of 7 years, it being unknown whether
absentee still lives. (Art. 390)
The administrator cannot alienate or encumber the
absentee 5 property, or that of the latter's conjugal
partnership, without judicial authority.
3
in
UNDER ORDINARY CIRCUMSTANCES
A.
1.
-
cease
1V. PRESUMPTION OF DEATH
In the appointment of an administrator, the spouse present
shall be preferred when there is no legal separation, (Art
387, in rel. to 383)
|
-
shall
to. (Art. 389)
disposal of those who may have a right there
ADMINISTRATION OF THE PROPERTY OF THE ABSENTEE
1.
administrator
at the
performance of his office, and the property shall be
385)
D.
the
cases
these
In
of
A person on board a vessel lost during a sea voyage,
heard
been
not
has
who
an aeroplane which is missing,
of for 4 years since the loss of the vessel or aeroplane;
269
l
file a case for the sole purpose of seeking a judicia
b.
declaration of presumptive death!
A person in the armed forces who has taken part in
‘war, and has been missing for 4 years;
¢.
2.
under
circumstances
is sufficient
41)
2.
for
of
declaration
seek judicial
however,
may,
One
with,
on
presumptive death as an incident of, or in connecti
another proceeding, such as the settlement of estate of the
522
absentee,
declaration of presumptive death.
C.
REAPPEARANCE: If the absentee appears, or without appearing
his existence is proved, he shall recover his property in the
condition in which it may be found, and the price of any
praperty that may have been alienated or the property acquired
LV. EFFECT OF ABSENCE ON THE
CONTINGENT RIGHTS OF THE ABSENTEE
therewith; but he cannot claim either fruits or rents. (Art, 392)
a.
The action to recover property by the absentee who
appears is imprescr:ptible.
A.
re-
B.
DD.
the opening of a succession to which
an absentee is
1.
Except
if
the
absentee
has
heirs,
assigns,
or
The presumption of death arises by operation of law and
without need for judicial declaration.’ Thus, one cannot
a.
The accrual of the absentee’s share to his coheirs is
without prejudice to the action for inheritance or other
"{,
These rights shall not be extinguished save
lapse of time fixed for prescription. (Art. 395)
521 in re Szatraw, 81 Phil. 461; Tan v. City of Davao, G.R. No, L-44347, September 29, 1985.
522 Tan. City of Davao, G.R. No. L-44347, September 28, 1968.
520 | Tolentino 690.
270
a
representative. (Art. 394)
are vested in the absentee,
rights which
representatives or successors-in-interest. (Art. 395)
PROCEDURE
L.
Upon
called, his share shalt accrue to his coheirs (Art. 394)
:
subsequent marriage. (FC, Art. 42)
Whoever claims a right pertaining to a person whose existence
is not recognized must prove that he was living at the time his
existence was necessary in order to acquire said right. (Art.
- 393)
Alienations made before the reappearance are valid; the
absentee recover his property “in the condition in which it
:
may be found.”
In case the present spouse remarries, the former spouse
(absentee) who reappears must file an affidavit of
reappearance in the civil registry to terminate the
judicial
must be obtained in summary proceedings. (FC, Art,
of remarriage — absence of 2 years
the aforementioned
remartiage,
of
purposes
declaration of presumptive death of the absent spouse
A person who has been in danger of death under other
circumstances and his existence has not been known
for 4 years. (Art. 391)
.
For the purpose
For
Exception:
-
271
his
by
ii.
b.
2..
The
coheirs
and
the
absentee!s
own
3.
Those who may have entered upon the inheritance shall
appropriate the fruits received in good faith so long as the
absentee does not appear, or while his representatives or
successors-in-interest do not bring theeproper actions. (Art.
d.
n of the
Every funeral shall be in keeping with the social positio
deceased. (Art. 306)
C.
wishes of
The funeral shall be in accordance with the expressed
the deceased. (Art. 307)
In the absence of such expression, his religious beliefs or
affiliation shall determine the funeral rites.
-
-
(Title X of the Civil Code)
a.
The spouse; (Art.
Code)
b.
The descendants in the nearest degree; (Art. 199, FC,
in rel. to Art. 294, Civil Code)
the form
In case of doubt,
decided
upon
construction
of
the
by
of the funeral shall be
person
obliged
to
make
arrangements for the same, after consulting the other
members of the family.
FUNERAL ARRANGEMENTS
The duty and the right to make arrangements for the funeral of
a relative shall be in accordance with the order established for
support. (Art. 304)
The oldest shall be preferred.
B.
Funerals
A.
Art.
The brothers and sisters. (Art. 199, FC, in rel. to
294, Civil Code)
-
396)
I.
The paternal ascendants shall have a better right.
-
heirs,
assigns or representative, as the case may be, shall make an
inventory of the property (Art. 394)
degree, the
FC, in
The ascendants in the nearest degree(Art. 199,
rel. to Art. 294, Civil Code)
c.
In the record that is made in the Registry of the real
estate which accrues to the coheirs, this reservation in
favor of the absentee, his own heirs and successors-ininterest, shall be stated. (Art. 395)
absentee’s
In case of descendants of the same
oldest shall be preferred.
-
The absentee’s representatives or successors-ininterest must comply with the requirement of Art.
393 as to proving that the existence of the absentee
at the time of opening of the succession to which
the absentee is called. (Art. 394, in rel. to 393)
D.
The
a
tombstone
or
mausoleum
shall
be
deemed a part of the funeral expenses, and shall be chargeable
to the conjugal partnership property, if the deceased is one of
the spouses. (Art. 310)
199, FC, in rel. to Art. 294, Civil
1i. RESPECT FOR THE DEAD
12
A.
or
No human remains shall be retained, interred, disposed of
exhumed without the consent of the relatives who are entitled
273
and obliged to give support and make
decree to ascertain whether the same has been registered, and if
this has not been done, to send a copy of said decree to the civil
funeral arrangements.
(Art. 308)
registry of the
. Any person who shows disrespect to the dead, or wrongfully
interferes with a funeral shall be liable to the family of the
deceased for damages, material and moral, (Art, 309)
Civil Register
city or mumicipality
where
the
court
is
functioning. (Art. 409)
II. CIVIL REGISTER AS PUBLIC DOCUMENT
A. The books making up the civil register and all documents
relating thereto shali be considered public documents and shat
be prima facie evidence of the facts therein contained. (Art.
410)
(Title XV1 of the Civil Code)
SCOPE
A.
B.
Every civil registrar shall be civilly responsible for any
unauthorized alteration made in any civil register, to any
Acts, events and judicial decrees concerning the civil status of
persons shall be recorded in the civil register. (Art. 407)
person suffering damage thereby. (Art. 411)
The following shall be entered in the civil register:
However, the civil registrar may exempt himself from such
liability if he proves that he has taken every reasonable
precaution to prevent the unlawful alteration. (Art. 41 1)
-
Births;
Ua
Marriages;
Deaths;
A.
GENERAL RULE: No entry in a civil register shall be changed
or corrected, without a judicial order. (Art. 412)
Legitimations;
Se
laid
SO
J
eT
Er
II. CHANGE OR CORRECTION OF ENTRY
Legal separations;
Annulments of marriage;
Judgments declaring marriages void from the beginning;
.
.
.
.
.
.
.
Adoptions;
Acknowledgments of natural children;
Naturalization;
Loss of citizenship;
Recovery of citizenship,
Civil interdiction;
.
Judicial determination of filiation;
Voluntary emancipation of a minor; and
Changes of name. (Art. 408)
Procedure:
Court.
-
274
Rule
103
and
Rule
108
of the Rules
of
EXCEPTION: RA 9048 authorizes the city or municipal civil
registrar or the consul general to¢ do the following, without need
of a judicial order:
1.
Correct a clerical or typographical error in an entry;
a.
. In cases of legal separation, adoption, naturalization and other
Judicial orders which must be entered in the civil register, it
shall be the duty of the clerk of the court which issued the
See
"Clerical or typographical error" refers to a mistake
committed in the performance of clerical work in
writing, copying, transcribing or typing an entry in the
civil register that is harmless and innocuous, such as
275
:
Ty
misspélled name or misspelled place bf birth
‘or the
like, which is visible to the eyes of obvious to the
understanding, and can be corrected or changed only
by reference to other existing record or record
s (RA
9048, Sec.2, par. 3).
CS
"Clerical or typographical error” is one that is not
substantial or controversial
(RA
9048,
Sec. 7, par. 2)
and does not involve the change of ‘nationality, age,
status or sex of the petitioner. (RA 9048, Sec. 2,
par. 3)
2.
Change a first name or nickname
. 8
-
em
=
TTB
.
.
|
.
"First name" refers to a name or a nickn
ame given to a
person which may consist of one or more names
in
addition to the middle and last names. (RA 9048,
Sec.
2, par. 5)
The Beti
for.ti
change
oi
of r
first name or nickname may
be allowed on any of the following grounds:
i.
The petitioner finds the first name or nickname to.
be ridiculous,
tainted with dishonor ar extremely
difficult to write or pronounce;
ii.
The
new
fist
name
or
nickmame
has
been
habitually and continuously usedby the petitioner
and he has been publicly known by that first name
or nickname in the community; or
iii. The change will avoid confusion. (RA 9048, Sec,
4)
IV. OI'HER MATTERS
All other matters pertaining to the registration of civil
status shall
be govemed by special laws, (Art. 413)
276
3
i