CIVIL LAW SUMMARY OF PROVISIONS

PERSONS AND FAMILY RELATIONS

A. CIVIL CODE
Effect and Application of La ! "A#t $ % $&' Effectivity of Laws : 15 days following the completion of their publication in the Official Gazette, (nle!! ot)e# i!e p#o*ided !"rt #$ I+no#ance of the law e%cuses no one !"rt &$ Laws have no #et#oacti*e effect, unless provided otherwise !"rt '$ "cts e%ecuted against mandatory or prohibitory laws shall be void, e%cept when the law itself authorizes such !"rt 5$ (ights may be waived !"rt )$, unless : 1 *ontrary to law, public order, public policy, morals or good customs, or # +re,udicial to a third person with a right recognized by law Repeal of la ! !-ec.$ : 1 /y !(,!e-(ent ones and violation or non0observance shall not be e%cused by disuse, or custom or practice to contrary # 1hen the co(#t decla#e! such to be inconsistent with the *onstitution !administrative or executive acts, orders and regulations shall be valid only when not contrary to laws or the Constitution) .(dicial deci!ion! fo#/ pa#t of t)e le+al !0!te/ !-ec 2$ No 1(d+e !)all decline to #ende# 1(d+/ent by reason of : 1 -ilence 00000 # Obscurity3 or 4 of the laws !-ec 5$ & 6nsufficiency 00000 +resumption of intention of lawma7ers !-ec 18$ : 6n case of doubt in the interpretation or application of laws, it is presumed that the la /a2in+ ,od0 intended #i+)t and 1(!tice to p#e*ail. *ustoms !"rt 1101#$ : 1 9hose which are contrary to law, public order or public policy shall not be countenanced !"rt 11$ # M(!t ,e p#o*ed a! a fact, according to the rules of evidence Inte#p#etation of ti/e !-ec 1&$ : o :ear ; &)5 days o <onth ; &8 days o =ay ; #' hours o >ight ; sunrise to sunset o 6f month is designated by name ; computed by number of days each month has o 6n computing period ; first day e%cluded, last day included "pplicability of Laws !-ec 15 ? 1.$ : 1 Penal la ! and t)o!e of p(,lic !afet0 ; upon all who live or so,ourn in the +hil territory, sub,ect to principles of public international law and to treaty stipulations # Real3Pe#!onal P#ope#t0 ; law of the co(nt#0 )e#e it i! located & Inte!tate and Te!ta/enta#0 S(cce!!ion! ; national la of t)e pe#!on, with respect to: a Order of succession b "mount of successional rights c 6ntrinsic validity of testamentary provisions Note : regardless of the nature and location of property

' Fo#/! and !ole/nitie! of cont#act4 ill! and p(,lic in!t#(/ent! ; law of the country where e%ecuted, however, when e5ec(ted ,efo#e t)e P)il diplo/atic o# con!(la# official! , P)il la on !ole/nitie! shall be observed @@@Prohibitive laws concerning persons, their acts or property, and those which have for their object, public order, public policy and good customs shall not be rendered ineffective by laws or judgments promulgated or by determinations or conventions agreed upon in a foreign country 9he >** shall be suppletory to the *ode of *ommerce and special laws !"rt 12$ 6(/an Relation! "A#t $7 % 89' Every person, in the e%ercise of rights and performance of duties, must !"rt 15$ : Act with ,ustice :ive everyone his due Observe honesty and good faith Lia,ilit0 fo# da/a+e!4 o# ot)e# #elief!, if applicable: "rt #8 ? person who cont#a#0 to la , willfully and negligently causes damage to another "rt #1 ? person who willfully causes loss or in,ury in a manner cont#a#0 to /o#al!4 +ood c(!to/! o# p(,lic polic0 "rt ## ? person, who through an act of another or any other means, acAuires something at the e%pense of the latter, without ,ust or legal ground shall return the same (unjust enrichment) "rt #& ? person benefited by an act or event causing damage to anotherBs property without his fault or negligence "rt #) ? person who doe! not #e!pect the dignity, personality, privacy and peace of mind of his neighbor and other persons, through the following and similar acts : 1 +rying into the privacy of anotherBs residence # <eddling with or disturbing the private life or family relations of another & 6ntriguing to cause another to be alienated from his friends ' Ce%ing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect or other personal condition "rt #. ? "ny person who suffers material or moral loss )en a p(,lic !e#*ant o# e/plo0ee #ef(!e! o# ne+lect!4 it)o(t ca(!e4 to pe#fo#/ )i! official d(t0 !note : this is without prejudice to any disciplinary administrative action that may be ta en against such public servant or employee$ "rt #2 ? pe#!on )o !(ffe#! f#o/ (nfai# co/petition in agricultural, commercial or industrial enterprises or in labor through the use of force, intimidation, deceit, machination or any other un,ust, oppressive or highhanded method "rt &# ? person whose rights or liberties are impaired by any public officer or employee or any private individual, to wit : 1 Dreedom of religion # Dreedom of speech & Dreedom to write for the press or to maintain a periodical publication ' Dreedom from arbitrary or illegal detention 5 Dreedom of suffrage ) 9he right against deprivation of property without due process of law . 9he right to a ,ust compensation when private property is ta7en for public use 2 9he right to the eAual protection of the laws 5 9he right to be secure in oneBs person, house, papers, and effects against unreasonable searches and seizures3 18 9he liberty of abode and of changing the same 11 9he privacy of communication and correspondence

1# 9he right to become a member of associations or societies for purposes not contrary to law 1& 9he right to ta7e part in a peaceable assembly to petition the government for the redress of grievances 1' 9he right to be free from involuntary servitude in any form 15 9he right of the accused against e%cessive bail 1) 9he right of the accused to be heard by himself and counsel, to be informed ofhte nature and cause of the accusation against him, to have a speedy and public trial, to meet the witness face to face, and to have compulsory process to secure the attendance of the witness in his behalf 1. Dreedom from being compelled to be a witness against oneBs self, or from being forced to confess guilt, or from being induced by a promise of immunity or reward to ma7e such confession, e%cept when the person confessing becomes a -tate witness 12 Dreedom from e%cessive fines, or cruel and unusual punishment, unless the same is imposed or inflicted in accordance with a statute which has not been ,udicial declared unconstitutional3 and 15 Dreedom of access to the courts @@@ +arty has right to commence entirely !epa#ate ci*il action for da/a+e!3 such shall p#oceed independentl0 of any criminal prosecution "rt &' ? Dailure to render aid or protection to any person in case of danger to life or property3 such peace officer shall be primarily liable for damages3 municipality shall be subsidiarily liable 3 action may be filed independent of c#i/inal action!3 reAuire preponderance of evidence "rt &5 ? Ci*il action fo# da/a+e! may also be filed by offended party when : 1 " person claims to be in,ured by a criminal offense # *harges another for the same & >o independent civil action is granted by this *ode or any special law ' Eustice for peace finds no reasonable grounds that a crime has been committed or the prosecuting attorney refuses or fails to institute criminal proceedings ;;;re!uire preponderance of evidence" court may re!uire filing of bond ;;; If information should be filed during the pendency of such civil action, the civil action shall be suspended until termination of the criminal case

Co(#t d(tie! : 1 <ust be vigilant for the protection of the following in all contractual, property or other relations of one of the parties is disadvantaged on the account of !-ec #'$: a <oral dependence b 6gnorance c 6ndigence d <ental wea7ness e 9ender age3 or f Other handicap # <ay order the following to be stopped at the instance of any government or private charitable institutions : T)o(+)tle!! e5t#a*a+ance in e%penses for pleasure or display during a pe#iod of p(,lic ant o# e/e#+enc0 !"rt #5$ Re/edial Matte#! : 1 Con!e-(ence of ac-(ittal of accused in a criminal case !"rt #5$: a. If +(ilt )a! not ,een p#o*ed ,e0ond #ea!ona,le +#o(nd a 1 civil action for damages may be instituted 3 reAuires preponderance of evidence a # upon motion of defendant, court may reAuire plaintiff to file bond in case complaint is found to be malicious

b # & ' 5 )

6f ac-(ittal ,a!ed on #ea!ona,le +#o(nd 0 the court shall so declare, however, in the absence of such e%press declaration, such may be inferred from the te%t of the decision P#eponde#ance of e*idence is the proof reAuired in a !epa#ate ci*il action brought when no c#i/inal ca!e a! filed pending such !"rt &8$ Ci*il action f#o/ an o,li+ation not a#i!in+ f#o/ t)e felon0 complained of may p#oceed independentl0 of the criminal proceedings regardless of the result of the latter !"rt &1$ *ivil cases filed in relation to defa/ation4 f#a(d and p)0!ical in1(#ie! may be filed !epa#atel03 shall p#oceed independentl0 of criminal case and #e-(i#e only a p#eponde#ance of e*idence !"rt &&$ 6f during pendency of civil action, an information is subseAuently presented, such ci*il action !)all ,e !(!pended (ntil t)e te#/ination of t)e c#i/inal p#oceedin+! !"rt &5$ P#e1(dicial <(e!tion! !"rt &)$ ? are civil actions which must be decided before any criminal proceedings may be instituted or may proceed 3 shall be ruled by the (ules of *ourt and shall not be in conflict with provisions of the *ivil *ode

*ivil action may be filed separately and shall run independently of the criminal actions under the following : 1 "rt &1 ? actions from obligations not arising from felony # "rt &# ? violations of rights and liberties & "rt && ? cases of defamation, fraud and physical in,uries ' "rt &' 0 failure of peace officer to render aid or protection to any person in case of danger to life or property3 peace officer primarily liable while municipality subsidiarily liable

Pe#!on! "A#t 8= % >$' .(#idical Capacit0 *! Capacit0 to Act "A#t 8=' .(#idical Capacit0 a fitness to be the sub,ect of legal relations3 b inherent in every natural person3 c lost through death Capacit0 to Act ? power to do acts with legal effect3 is acAuired and may be lost 1 9he following are /e#e #e!t#iction! to capacity to act and do not e5e/pt incapacitated persons from obligations when such arises from his acts or from property relations !"rt &2$ : a =eaf0mute b +rodigality c *ivil interdiction # 9he following modify or limit the capacity to act !"rt &5$ : a "ge b 6nsanity c 6mbecility d -tate of being deaf mute e +enalty f +rodigity g Damily relations h "lienage i "bsence , 6nsolvency

9rusteeship ###$ married woman, %& yrs of age or over, is !ualified for all acts of civil life, except in cases provided by law'

Nat(#al Pe#!on! Ci*il Pe#!onalit0 1 /irth determines personality !"rt '8$ o Fowever, conceived child shall be born for all purposes favorable to it, provided it be born later as provided in "rt '1 # Detus is considered born if !"rt '1$: a 6t is alive at the time it is completely delivered from motherBs womb b 6f fetus has le!! t)an !e*en /ont)! intra0uterine life, it is not dee/ed ,o#n if it die! it)in @A )o(#! afte# co/plete deli*e#0 & *ivil personality is e5tin+(i!)ed ,0 deat) !"rt '#$ o Fowever, effects of death upon persons rights and obligations are determined by: a Law b *ontract c 1ill ' 1hen doubt e%ists as between two or more persons called to succeed each other !"rt '&$: a 1hoever alleges death of one prior to the other shall prove the same b 6n the absence of proof, presumed both that : b 1 both died at the same time b # no transmission of rights from one to the other .(#idical Pe#!on! *onsidered ,uridical persons !"rt ''$: 1 -tate and political subdivisions # Other corporations, institutions and entities for public interest or purpose, created by law3 personality begins as soon as such is constituted by law & *orporations, partnerships and associations for private interest or purpose3 law grants a ,uridical personality separate and distinct from sharehold, partner or member Governing Laws !"rt '5$ : o >os 1 and # above ; laws creating them o +rivate *orporations ? laws of general application o +artnership G "ssociations ? law governing partnerships *apacity of Euridical +ersons !"rt ')$: 1 "cAuire and possess property # 6ncur obligations & /ring civil or criminal actions Hpon dissolution of >o # above !"rt '.$: 1 +roperty and asset shall be disposed in pursuance of law or the charter creating them # 6f disposal not specified, property shall be applied for the benefit of the region, province, city or municipality which derived principal benefits from its e%istence CitiBen! and Do/icile "A#t A& % >$'

C. FAMILY CODE

Ma##ia+e4 defined (Art 1'

1 # & ' 5 ) -pecial contract +ermanent union /etween man and woman Entered in accordance with law for the establishment of con,ugal and family life Doundation of the family and an inviolable institution >ature, conseAuences and incidents are governed by law and not sub,ect to stipulation !e5ception: property relations may be fi%ed within the limits provided by law$

E!!ential Re-(i!ite! (Art 2)

1 # Le+al capacit0 of pa#tie!3 must be /ale and fe/ale AND Art 5 0 <ust be 12 yrs or upwards not under any legal impediments mentioned in "rt &. !re: incestuous marriages$ and "rt &2 !marriages against public policy$ Con!ent 3 in presence of solemnizing officer

Fo#/al Re-(i!ite! "Art 3'

1 A(t)o#it0 of solemnizing officer Art 7 ? marriage may be solemnized by : a 6ncumbent member of ,udiciary within the courtBs ,urisdiction b "ny priest, rabbi, imam or minister of any church or religious sect : o =uly authorized by his church or religious sect o (egistered with the civil registrar general o "cting within limits of written authority granted by his church or sect o "t least one of the contracting parties belongs to such church or sect "ny ship captain or airplane chief as provided for in Art 31, to wit : o <arriage in articulo mortis o /etween passengers or crew members o 1hile at ship or when plane is in flight or during stopovers at ports of call "ny military commander of a unit, in the absence of its chaplain and during a military operation and as provided for in Art 32, to wit : o *ommissioned officer o o o e Fave authority to solemnize in articulo mortis 1ithin the zone of military operation, 1hether members of the armed forces or civilians

"ny consul0general, consul or vice consul as provided for in Art 1 , to wit : o Dor marriages between Dilipinos abroad

-uch officers shall perform the issuance of the marriage license and the duties of the local civil registrar and solemnizing officer with regards to the celebration of marriage

Valid /a##ia+e licen!e A#t 7 % shall be issued by the local ci*il #e+i!t#a# of t)e cit0 o# /(nicipalit0 )e#e eit)e# cont#actin+ pa#t0 )a,it(all0 #e!ide! EDCEPTION E where no /a##ia+e licen!e i! #e-(i#ed per *hapter # of D*, to wit : a <arriage in a#tic(lo /o#ti! "A#t @=' % marriage at the point of death3 shall remain valid even if the ailing party subseAuently survives b 1here residence of parties located where there is no /ean! of t#an!po#tation "A#t @&' ###(n both cases above, solemni)ing officer shall state in affidavit before *C+ or person authori)ed to administer oaths of such facts and that he has ascertained the ages and relationship of the contracting parties and the absence of legal impediments to marry ($rt ,&) ###-riginal affidavit together with the legible copy of marriage contract, shall be sent to *C+ of municipality where it was performed with ,. days from marriage ($rt ,.) c Ma##ia+e a/on+ M(!li/! o# a/on+ /e/,e#! of t)e et)nic c(lt(#al co//(nitie!3 provided they are solemnized in accordance with their customs, rites or practices"A#t 88' d <an or a woman who have li*ed to+et)e# a! )(!,and and ife "At 8A' : o Dor at least 5 years o 1ithout any legal impediment to marry ####Parties shall state such fact in the affidavit " solemni)ing officer shall also state under oath that he has ascertained the !ualifications of the parties who are found to be without legal impediment A#t $$ ? each party shall file separately a sworn application with proper local civil registrar and shall specify the following : a Dull name of the contracting party3 b +lace of birth3 c "ge and date of birth3 d *ivil status3 e 6f previously married, how, when and where the previous marriage was dissolved or annulled3 f +resent residence and citizenship3 g =egree of relationship of the contracting parties3 h Dull name, residence and citizenship of the father3 i Dull name, residence and citizenship of the mother3 and , Dull name, residence and citizenship of the guardian or person having charge, in case the contracting party has neither father nor mother and is under the age of twenty0one years A#t $@ ? L*G upon receiving application, shall reAuire any of the following : a Original birth certificates b 6n default thereof, original baptismal certificates , or c *ertified copy of either because of destruction or loss of original3 or d (esidence certificate or an instrument drawn up and sworn to before the L*G or public official authorized to administer oaths ###/owever, presentation of birth or baptismal certificate shall not be re!uired if : o Parents of the contracting parties appear personally before the *C+ and swear to the correctness of the lawful age of the parties or

0hen *C+ shall, by merely loo ing at the applicants upon their personally appearing before them, be convinced that either or both of them have the re!uired' A#t $8 ? in case either party has been previously married, furnish, instead of birth or baptismal certificate, the : o death certificate of the deceased spouse, or ###(f such cannot be secured, an affidavit setting forth the circumstances and the actual civil status and the name and date of death of the deceased spouse o ,udicial decree of the absolute divorce, or o ,udicial decree of annulment3 or o declaration of nullity o A#t $A "Pa#ental Con!ent$ ? 6n case either or both contracting parties are ,et een $& % @$, they shall provide the ff additional reAuirements : o *onsent of father, mother, surviving parent or guardian or persons having legal charge o -uch consent shall be : 1 <anifested in writing , by the interested party who personally appears before L*G, or # 6n the form of affidavit in the presence of # witnesses and attested before any official authorized to administer oaths ###1uch shall be recorded in the application for marriage license and affidavit A#t $> "Pa#ental Ad*ice' 0 reAuired for a party aged #1 to #5 o 6f such is not obtained or if it be unfavorable, marriage shall not be issued till after three months from publication of application ###$ sworn statement to such effect shall be attached to the application" should parents refuse to give advise, this fact shall be stated in the sworn statement A#t $9 % 6n case )e#e pa#ental con!ent o# ad*i!e i! needed, parties shall attach a certificate issued by the priest, imam or minister authorized to solemnize the marriage or an accredited marriage counselor t)at pa#tie! )a*e (nde#+one /a##ia+e co(n!elin+3 in case of failure, issuance of marriage license shall be suspended for & months after publication of application 3 nonco/pliance !)all not affect *alidit0 of /a##ia+e but shall sub,ect issuing officer to administrative sanctions3 if only one party reAuires such, the other party must be present at counseling A#t $= "Po!tin+3Notice' % L*G shall prepare a notice to be posted on a bulletin board outside office of the L*G in conspicuous places in the building3 notice shall reAuest persons having 7nowledge of any impediment to marriage to advise L*G3 marriage license shall be issued after completion of period of publication Other duties of local civil registrer : 1 6n case of any 7nown impediment, shall note down findings but nonetheless issue license unless ordered otherwise by a competent court at his own instance of that of any interested party 3 no filing fee for petition or order "Sec $&' # -hall reAuire payment of prescribed fees, e%cept for indigents who have no visible means of income or whose income is insufficient for their subsistence, such fact established in the affidavit under oath3 no other fees shall be collected "Sec $7' & 9o prepare the documents reAuired and to administer oaths to all interest parties without any charge3 e%empt from documentary ta%es "A#t @A' ' -hall enter all applications for marriage licenses in a registry boo7 strictly in the order which the same are received3 shall record names of applicants, date license was issued and other necessary date "A#t @>' A#t @F 0 Validit0 of <arriage License : 1 "ny part of the +hilippines # Dor a period of 1#8 days from date of issue3 automatically cancelled at e%piration date

A#t @$ ? Ma##ia+e of citiBen! of a fo#ei+n co(nt#0 : 1 >ecessary to obtain a ce#tificate of le+al capacit0 to cont#act /a##ia+e i!!(ed ,0 t)ei# #e!pecti*e diplo/atic o# con!(la# official! , before a marriage license can be obtained # Dor stateless persons or refugees, an affida*it stating circumstances showing capacity to contract marriage may be submitted in lieu of the above certificate

8. Ma##ia+e ce#e/on0 Fo#/ !Art !$ a >o prescribed form or religious rite b (eAuire presence of parties to appea# pe#!onall0 before solemnizing officer and decla#e in the presence of not less than @ itne!!e! of le+al a+e that they ta7e each other as husband and wife c -hall be contained in a marriage certificate signed by contracting parties and witnesses3 attested by solemnizing officer ###Note : in articulo mortis, when a party is unable to sign marriage certificate, it is sufficient for one witness to write name of party" such fact shall be attested by solemni)ing officer Place of /a##ia+e "A#t &$ ? marriage shall be solemnized in : a *hambers of the ,udge or in open court 3 or, b *hurch, chapel or temple3 or, c Office of the consul0general 3 or, d and >O9 ">:1FE(E EL-E e EI*E+96O>- : o <arriage in articulo mortis o <arriage in remote places per "rt #5 o 1here both parties reAuest the solemnizing officer in writing, in which case, marriage may be solemnized at a house or place designed by them in a sworn statement to that effect A,!ence of any essential or formal reAuisites shall render the marriage void ab initio (Art ") Defect in any of essential reAuisites "A#t A' : 1 -hall not affect validity of marriage # +arty responsible for the irregularity shall be civilly, criminally and administratively liable

Ma##ia+e Ce#tificate! E o A#t @@ % shall declare that parties ta7e each other as husband and wife and shall further state: 1 9he full name, se% and age of each contracting party3 # 9heir citizenship, religion and habitual residence3 & 9he date and precise time of the celebration of the marriage3 ' 9hat the proper marriage license has been issued according to law, e%cept in marriage provided for in *hapter # of this 9itle3 5 9hat either or both of the contracting parties have secured the parental consent in appropriate cases3

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9hat either or both of the contracting parties have complied with the legal reAuirement regarding parental advice in appropriate cases3 and . 9hat the parties have entered into marriage settlement, if any, attaching a copy thereof A#t @8 ? 6t shall be the duty of the solemnizing officer to : 1 Durnish the parties the original of the marriage certificate # -end the duplicate and triplicate copies of the certificate not later than 15 days after marriage to the L*G & (etain in his file the Auadruplicate copy of marriage certificate and other affidavits, if any

Ma##ia+e! !ole/niBed o(t!ide t)e P)il! "A#t @9' E (eAuisites of validity : 1 6f solemnized in accordance with the laws in force in the country where solemnized # 6f valid there as such in that country & >ot prohibited under : o "rt &5 !1$ ? where any party below 12 even with consent of parents or guardians o "rt &5 !'$ 0 bigamous or polygamous marriages not falling under "rt '1 o "rt &5 !5$ 0 contracted through mista7e as to identity of one party o "rt &5 !)$ 0 subseAuent marriages void under "rt 5& o "rt &) 0 psychological incapacity o "rt &. 0 incestuous marriages o "rt &2 0 marriages against public policy Dilipino spouse can remarry under +hilippine laws when : 1 " marriage between a Dilipino citizen and a foreigner is validly celebrated3 # =ivorce is thereafter validly obtained abroad by alien spouse & -uch decree of divorce capacitates the alien spouse to remarry

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VOID MARRIA:ES "declaration of absolute nullity of marriage'

:#o(nd! : 1 # A#t A % 9he absence of an of the essential or formal reAuisites shall render the marriage void ab initio A#t 8> ? a 9hose contracted by any party below eighteen years of age even with the consent of parent or guardians3 b 9hose solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so3 c d 9hose solemnized without license, e%cept those covered the preceding *hapter3 9hose bigamous or polygamous marriages not failing under "rticle '1 ! subse!uent marriage due to presumptive death of spouse$3 9hose contracted through mista7e of one contracting party as to the identity of the other3 and 9hose subseAuent marriages that are void under "rticle 5& ! re: recording of annulment or declaration of absolute nullity in the civil registry and registries of property)

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A#t 89 % P!0c)olo+ical Incapacit0 +arty must be : a "t time of celebration of marriage b +sychologically incapacitated to comply with the essential marital obligations c Even if such incapacity manifests itself only after its solemnization A#t 8= % Ince!t(o(! Ma##ia+e!: a /etween ascendants and descendants of any degree3 and b /etween brothers and sisters, whether of the full or half blood ###0hether legitimate or illegitimate A#t 8& % Ma##ia+e a+ain!t P(,lic Polic0

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/etween collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree3 /etween step0parents and step0children3 /etween parents0in0law and children0in0law3 /etween the adopting parent and the adopted child3 /etween the surviving spouse of the adopting parent and the adopted child3 /etween the surviving spouse of the adopted child and the adopter3 /etween an adopted child and a legitimate child of the adopter3 /etween adopted children of the same adopter3 and /etween parties where one, with the intention to marry the other, 7illed that other personJs spouse, or his or her own spouse

b c d e f g h i

Art "1 % S(,!e-(ent /a##ia+e A. Ma##ia+e cont#acted d(#in+ t)e !(,!i!tence of a p#e*io(! /a##ia+e E5cept4 when before such subseAuent marriage : a +rior spouse had been absent for ' consecutive years, under ordinary circumstances O( # years when absent under "rt &51, >** 3 and b 9he spouse present has well founded belief that the absent spouse was already dead c 9he spouse present must institute a summary proceeding fo the declaration of presumptive death, without pre,udice to the effect of reappearance, of the absent spouse Effect of #eappea#ance of a,!ent !po(!e (Art "2) : a " sworn statement of the fact and circumstances of the reappearance shall be #eco#ded in t)e ci*il #e+i!t#0 of t)e #e!idence of t)e pa#tie! to t)e !(,!e-(ent /a##ia+e at t)e in!tance of an0 inte#e!ted pe#!onE o 1ith due notice to the parties of the subseAuent parties o 1ithout pre,udice to the fact of reappearance being ,udicially determined in case such fact is disputed b -ubseAuent marriage shall be automatically terminated by the recording of the affidavit of the absent spouse, unless there is a ,udgment annulling or declaring it void ab initio Effect of te#/ination of !(,!e-(ent /a##ia+e (pon #eappea#ance (Art "3) a 9he c)ild#en of the subseAuent marriage concei*ed p#io# to it! te#/ination shall be considered le+iti/ate3 b 9he absolute community of property or the con,ugal partnership, as the case may be, shall be di!!ol*ed and li-(idated, but if eit)e# !po(!e cont#acted !aid /a##ia+e in ,ad fait)4 his or her !)a#e of t)e net p#ofit! of the

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community property or con,ugal partnership property shall be fo#feited in fa*o# of t)e co//on c)ild#en or, if there are none, the c)ild#en of t)e +(ilt0 !po(!e ,0 a p#e*io(! /a##ia+e or in default of children4 t)e innocent !po(!e3 c Donation! ,0 #ea!on of /a##ia+e !)all #e/ain *alid , e%cept that if the donee contracted the marriage in bad faith, such donations made to said donee are revo7ed by operation of law3 9he innocent spouse may #e*o2e t)e de!i+nation of the other spouse who acted in bad faith as ,eneficia#0 in an0 in!(#ance polic0 , e*en if such designation be stipulated as i##e*oca,le3 and 9he spouse who contracted the subseAuent marriage in bad faith shall be di!-(alified to in)e#it f#o/ t)e innocent !po(!e ,0 te!tate and inte!tate !(cce!!ion

C. W)en ,ot) !po(!e! of t)e !(,!e-(ent /a##ia+e acted in ,ad fait) "Art "") Effect E all donations by reason of marriage and testamentary dispositions made by one in favor of the other are revo7ed by operation of law P#e!c#iption for action for nulllty !void marriages$ : I/p#e!c#ipti,le (Art 3#) 9he absolute nullity of a previous marriage may be invo7ed for purposes of remarriage on the basis solely of a final ,udgment declaring such previous marriage void (Art " )

VOIDACLE MARRIA:ES "decree of annulment'

:#o(nd! (Art "5' and P#e!c#iption "Art "7' :#o(nd! 1 9hat the party in whose behalf it is sought to have the marriage annulled was ei+)teen 0ea#! of a+e o# o*e# ,(t ,elo t ent0?one4 and the marriage was solemnized it)o(t t)e con!ent of t)e pa#ent!4 +(a#dian o# pe#!on )a*in+ !(,!tit(te pa#ental a(t)o#it0 o*e# t)e pa#t04 in t)at o#de#4 unless after attaining the age of twenty0one, such party freely cohabited with the other and both lived together as husband and wife # 9hat either party was of (n!o(nd /ind, unless such party after coming to reason, freely cohabited with the other as husband and wife P#e!c#iption by the party whose parent or guardian did not give his or her consent ; $ithin five years after attaining the age of t$enty%one4 by the pa#ent o# +(a#dian or person having legal charge of the minor ; at any time before such party has reached the age of t$enty%one& by the !a/e !po(!e, who had no 2no led+e of the otherJs insanity3 or ,0 an0 #elati*e o# +(a#dian or person having legal charge of the insane ; at an0 ti/e ,efo#e t)e deat) of eit)e# pa#t0, by the in!ane !po(!e G d(#in+ a l(cid inte#*al o# afte# #e+ainin+ !anit0

& 9hat the consent of either party was obtained by f#a(d, unless such party afterwards, with full 7nowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife3

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 Art "! ? F#a(d con!tit(te! : a.Non?di!clo!(#e of a p#e*io(! con*iction by final ,udgment of the other party of a crime involving moral turpitude3 ,.Conceal/ent ,0 t)e ife of the fact that at the time of the marriage, she was p#e+nant ,0 a /an ot)e# t)an )e# )(!,and3 c.Conceal/ent of !e5(all0 t#an!/i!!i,le di!ea!e, regardless of its nature, e%isting at the time of the marriage d. Conceal/ent of d#(+ addiction4 )a,it(al alco)oli!/ o# )o/o!e5(alit0 o# le!,iani!/ e%isting at the time of the marriage '''(o other misrepresentation or deceit due to character, health, ran), fortune or chastity shall constitute fraud. ' 9hat the consent of either party was obtained by fo#ce4 inti/idation o# (nd(e infl(ence , unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife 5 9hat either party was p)0!icall0 incapa,le of consummating the marriage with the other, and such incapacity continues and appears to be incurable3 or ) 9hat either party was afflicted with a !e5(all0? t#an!/i!!i,le di!ea!e found to be serious and appears to be incurable

/y the in,ured party ; within 5 years from discovery of the fraud

/y the in,ured party ; it)in > 0ea#! from the time the force, intimidation or undue influence has di!appea#ed o# cea!ed

DUTY OF T6E COURT

/y the in,ured party ; within 5 years after the marriage "applie! to ,ot) ann(l/ent and decla#ation of n(llit0'

A. To p#o*ide #ep#e!entation of t)e State "Art "*' Dor annulment and declaration of absolute nullity, court shall order p#o!ec(tin+ atto#ne0 o# fi!cal to appea# on ,e)alf of t)e State to : 1 9a7e prevent collusion between the parties # 9o ta7e care that evidence is not fabricated or suppressed No 1(d+/ent shall be based on : 1 -tipulation of facts3 or # *onfession of ,udgement C. P#o*ide fo# t)e !po(!e and c)ild#en d(#in+ pendenc0 of t)e actionE 9he *ourt shall provide for : 1 -upport of the spouse # *ustody and support of common children & Cisitation rights of the other parent ###shall give paramount consideration to the moral and material welfare of the children and the choice of the parent C. Final .(d+/ent "Art 5 + 51) E%cept when such has been ad,udicated in previous ,udicial proceedings 4 A#t A8 "@'4 "8'4 "A'4 ">' and A#t AA !)all appl0 to : 1 <arriages declared void ab initio

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# <arriages annulled by final ,udgment under "rt '8 and "rt '5 9he final ,udgment shall provide for : 1 LiAuidation, partition and distribution of the properties of the spouses ###2he conjugal dwelling and the lot on which it is situated shall be adjudicated based on $rt &.% and $rt &%3 # *ustody and support of common children & =elivery of presumptive legitimes, o Calue of legitimes shall be !"rt 51$ : a *omputed as of the date of final ,udgment b =elivered in cash, property or sound securities o Deli*e#0 of le+iti/e! herein prescribed !)all not p#e1(dice t)e !(cce!!ional #i+)t! of the children, instead, the value of properties received under the annulment or declaration of nullity shall be con!ide#ed a! ad*ance! "ll creditors of spouses and the absolute community shall be notified

Re+i!t#ation of ann(l/ent dec#ee o# decla#ation of a,!ol(te n(llit0 (Art 52 + 53), 9he ,udgment, the partition and distribution of the properties as well as the delivery of presumptive legitimes !)all ,e #eco#ded in : 1 *ivil registry # (egistries of property Effect of non co/pliance : 1 -hall not affect third persons (Art 52) # -ubseAuent marriage shall be null and void if either spouse remarries (Art 53)

E. Effect on le+iti/ac0 of c)ild#en "Art 5"'E *hildren conceived or born before the ,udgment of annulment or absolute nullity shall be considered legitimate when : 1 <arriage was declared void under "rt &) # 9hose falling under "rt 5& !subseAuent

LE:AL SEPARATION
:#o(nd! "Art 55' 1 (epeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner3 (child includes one by nature or by adoption$ # +hysical violence or moral pressure to compel the petitioner to change religious or political affiliation3 "ttempt 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 inducement3 Dinal ,udgment sentencing the respondent to imprisonment of more than si% years, even if pardoned3 =rug addiction or habitual alcoholism of the respondent3 Lesbianism or homose%uality of the respondent3 *ontracting by the respondent of a subseAuent bigamous marriage, whether in the +hilippines or abroad3 -e%ual infidelity or perversion3

&

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5 ) .

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"ttempt by the respondent against the life of the petitioner3 or

18 "bandonment of petitioner by respondent without ,ustifiable cause for more than one year :#o(nd! fo# denial of petition for legal separation(Art 5!) 1 "ggrieved party has condoned the offense or act complained of3 # & "aggrieved party has con!ented to the commission of the offense or act complained of3 Conni*ance between the parties in the commission of the offense or act constituting the ground for legal separation3 /oth parties have given ground for legal separation "e-(al +(ilt'3 Coll(!ion between the parties to obtain decree of legal separation3 or /arred by p#e!c#iption

' 5 )

Pendenc0 of t)e co(#t action fo# le+al !epa#ation $. Coolin+ off pe#iod (Art 5*) ? an action for legal separation shall not be tried before 9 /ont)! f#o/ t)e filin+ of t)e petition @. Art 5# % >o legal separation may be decreed unless the *ourt : a Fas ta7en steps towards the reconciliation of the spouses b 6s satisfied that, despite such, reconciliation is highly improbable 8. Art ! a >o decree of legal separation shall be based on: -tipulation of facts *onfession of ,udgment b *ourt shall order prosecuting attorney or fiscal to : +revent collusion 9a7e care that evidence is not fabricated or suppressed A. Li*e Sepa#atel0 (Art !1' ? "fter filing the petition, spouses are entitled to live separately from each other >. Ad/ini!t#ation of P#ope#tie! (Art !1) ? a 9he court shall de!i+nate either of the spouses or a third person to administer the absolute or con,ugal partnership property, in t)e a,!ence of a #itten a+#ee/ent b +owers of administrator same as those of guardian under the (ules of *ourt 9. S(ppo#t !spouse and common children$ and C(!tod0!common children$ : (-ec !2' ? the provisions of "rt '5 shall apply Effect! of le+al !epa#ation A. (Art !3) % 1 9he spouses shall be entitled to li*e !epa#atel0 from each other, but the /a##ia+e ,ond! !)all not ,e !e*e#ed3 # 9he absolute community or the con,ugal partnership shall be di!!ol*ed and li-(idated but the offendin+ !po(!e !)all )a*e no #i+)t to an0 !)a#e of t)e net p#ofit! earned by the absolute community or the con,ugal partnership, which shall be fo#feited in acco#dance it) t)e p#o*i!ion! of A#ticle A8"@' !forfeiture to apply, in the following order to : 1 common children, # children of the guilty spouse by a previous marriage, & innocent spouse$3

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&

9he custody of the minor children shall be awarded to the innocent spouse, sub,ect to the provisions of "rticle #1& of this *ode3 9he offending spouse shall be disAualified from inheriting from the innocent spouse by intestate succession <oreover, provisions in favor of the offending spouse made in the will of the innocent spouse shall be revo7ed by operation of law

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C. Art !" % 9he innocent spouse may revo7e : 1 Donation! in favor of offending spouse, to be brought it)in > 0ea#! f#o/ t)e ti/e dec#ee ,eco/e! final # De!i+nation a! ,eneficia#0 in any insurance policy, even is such is irrevocable, to ta)e effect upon $ritten notification to the insured (evocation shall be #eco#ded in the registries of property where such are located "lienations, liens and encumbrances #e+i!te#ed in +ood fait) ,efo#e t)e #eco#din+ of the complaint for revocation in the registries shall be respected Reconciliation of t)e !po(!e! Art !5 ? -pouses shall file a duly signed ,oint manifestation under oath with the court in the same proceeding for legal separation Art !! % Con!e-(ence! of #econciliation +ending proceedings shall be terminated at whatever stage Dinal decree of legal separation, if issued, shall be set aside, however, the following !)all ,e #etained4 (nle!! !po(!e! a+#ee to #e*i*e fo#/e# p#ope#t0 #e+i/e : a -eparation of property b "ny forfeiture of the share of the guilty spouse already effected *ourt order shall be recorded in the proper civil registry A#t 9= % a+#ee/ent to #e*i*e t)e fo#/e# p#ope#t0 #e+i/e shall : 1 /e e%ecuted under oath and shall specify: a +roperties to be contributed anew b 9hose to be retained as separate c >ames of all 7nown creditors, addresses and amounts owing to each # /e filed it) t)e co(#t in t)e !a/e p#oceedin+ for legal separation, copy furnished creditors named therein "fter due hearing, court shall protect interest of creditors and shall order recording in the proper registry & Reco#din+ in registries of property ? !)all not p#e1(dice an0 c#edito# not li!ted unless debtor0spouse has sufficient separate property to satisfy claim

Ri+)t! and O,li+ation! Cet een 6(!,and and Wife (.itle III)
Ma#ital O,li+ation! (Art !*) E 1 Live together # Observe mutual love, respect and fidelity & (ender mutual help and support Do/icile (Art !#' <ay be fi%ed by :

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1 Fusband and wife # 9he court, in case of disagreement *ourt may e%empt one spouse from living with each other : 1 6f spouse lives abroad # Dor any other valid and compelling reasons ###1uch exemptions shall not apply if not compatible with the solidarity of the family Ot)e# o,li+ation!E S(ppo#t "Art 7 ' 1 -pouses are ,ointly responsible for support # E%penses shall be paid, in the following order, from: a *ommunity property b 6ncome or fruits of separate properties c -eparate properties Mana+e/ent of t)e )o(!e)old (Art 71' % shall be the right and duty of both spouses3 e%penses for such in the payment order as "rt .8 Ne+lect of d(tie! o# act! )ic) ,#in+ dan+e#4 di!)ono# o# in1(#0 to fa/il0 (Art 72' % aggrieved party may apply to the courts for relief E5e#ci!e of p#ofe!!ion (Art 73' % Either spouse may e%ercise legitimate profession without need of consent of the other 9he other spouse may ob,ect on valid, serious and moral grounds3 the court shall decide whether or not : 1 Ob,ection is proper # /enefit has occurred to the family3 if benefit accrued prior to ob,ection, obligation shall be enfo#ced a+ain!t !epa#ate p#ope#t0 of the spouse who has not obtained consent ###1uch shall not prejudice rights of creditors who acted in good faith'

P#ope#t0 Relation!
O#de# of Relation! (Art 7") ? +roperty relations shall be governed in the following order: 1 /y marriage settlements e%ecuted before the marriage3 # /y provisions of this *ode & /y local custom Hind! of /a##ia+e !ettle/ent! that spouses may agree upon (Art 75) 1 "bsolute community ? shall be p#e!(/ed : a 6n the a,!ence of a /a##ia+e !ettle/ent3 or

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b 1hen the #e+i/e a+#eed (pon i! *oid # *on,ugal partnership of gains & *omplete separation of property Ma##ia+e !ettle/ent (eAuisites for validity (Art 77) : a 6n writing b -igned by parties c E%ecuted before the celebration of marriage d (egistered in the local registry where the marriage contract is recorded and the proper registries of parties, otherwise, this shall not pre,udice & rd persons Modification! 0 9o be valid : a. must be made ,efo#e t)e cele,#ation of /a##ia+e (Art 7!) ,. <ust be in writing, signed by parties and shall not pre,udice & rd persons unless registered in local civil registry (Art 77) Special pa#tie!: a Mino# (Art 7*) ? who according to law may contract marriage may also e%ecute marriage settlements but they shall be valid only if persons designated in "rt 1' to give consent are made parties to the agreement b Pe#!on !entenced to ci*il inte#diction o# i! !(,1ect to an0 ot)e# di!a,ilit0 (Art 7#) ? for the validity of his marriage settlement, court appointed guardian must be made a party thereto 1hen marriage does not ta7e place (Art *1): 1 "ll stipulations in consideration of a future marriage, including donations between prospective spouses, shall be rendered void # -tipulations that do not depend upon the celebration of the marriages shall be valid Ef7d3a :o*e#nin+ la ! on property relations, in the following order (Art * ), 1 <arriage settlement # +hilippine laws @@@ (egardless of the place of celebration of the marriage and their residence @@@ 9his rule shall not apply : a 1here both spouses are aliens3 b "s to e%trinsic validity of contracts : o "ffecting property not situated in the +hils o E%ecuted in the country where the property is located Donation! ,0 #ea!on of /a##ia+e : Re-(i!ite! "Art *2' : 1 <ade before its celebration # 6n consideration of the marriage & 6n favor of one or both of the future spouses :o*e#nin+ #(le! (Art *3'E 1 Damily *ode # (ules on ordinary donations per 9itle 666 of /oo7 666, *ivil *ode Limitations on =onations (Art *") : o 6f property regime is one ot)e# t)an a,!ol(te co//(nit0 ; donation not /o#e t)an $3> of t)ei# p#e!ent p#ope#t0 o =onations on future property ; governed by provisions on testamentary succession and formalities of wills =onation of property sub,ect to encumbrances (Art *5) is valid 6n case of foreclosure: o -elling price K amount of obligation secured ; donee not liable for deficiency o -elling price L amount of obligation secured ; donee entitled to e%cess Re*ocation (Art *!)allo$ed , 1 1hen marriage not celebrated or ,udicially declared void ab initio @@@E%cept : donations made in marriage settlements as governed by "rt 21

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1hen marriage ta7es place without consent of parents or guardians as reAuired by law & 1hen marriage is annulled and done acted in bad faith ' Hpon legal separation, the donee being the guilty spouse 5 6f it is with a resolution condition and the condition is complied with ) 1hen done has committed an act of ingratitude as provided by the *ivil *ode Donation ,et een !po(!e! d(#in+ /a##ia+e (Art *7' : o General (ule : Coid o E%ception : <oderate gifts which spouses may give each other during any family (e,oicing o +rohibition shall also apply to persons living together as husband and wife without a valid marriage

COMPARATIVE NOTES ON ACSOLUTE COMMUNITY4 CON.U:AL PARTNERS6IP OF :AINS AND COMPLETE SEPARATION OF PROPERTY4 see separate sheet/
P#ope#t0 Re+i/e of Union! Wit)o(t Ma##ia+e
1 A#t $A= ? Applica,le to man and woman who : a "re capacitated to marry each other b Live e%clusively with each other as husband and wife without the benefit of marriage or under a void marriage Effect : a 1ages and salaries are owned by them in eAual shares b +roperty acAuired by both of the through their wor7 or industry shall be governed by the #(le! on co?o ne#!)ip c 1hen one of parties to avoid marriage is in good faith, the share of the party in bad faith shall be forfeited in favor of the following, in the order designated: o *ommon children o (espective surviving descendants o 6nnocent party ###1uch forfeiture shall ta e place upon termination of the cohabitation P#e!(/ption! of o ne#!)ip3!)a#e a +roperties acAuired while living together shall be presumed to be obtained by ,oint efforts, wor7 or industry b +roperties shall be owned in eAual shares in the absence of proof of contributions c " party who did not participate in the acAuisition shall be deemed to have contributed ,ointly and efforts contributed would consist of care and maintenance of the household Di!po!ition of p#ope#t0 0 >either party can encumber or dispose by act inter vivos of share in property acAuired during cohabitation and owned in common without consent of the other, until its termination

A#t $A& "pplicability : those parties not falling under "rt 1'. Effect : a Only properties acAuired by both parties through their actual contribution shall be owned by them in common in proportion to their respective contributions b 6f one of the parties is validly married, hisMher share shall accrue to the absolute community or con,ugal partnership

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6f the party who acted in bad faith is not validly married, hisMher share shall be forfeited to parties mention in "rt 1'. d 9hese rules on forfeiture shall li7ewise apply even if both spouses are in bad faith +resumption : *ontribution and corresponding shares are presumed to be eAual, in the absence of proof to the contrary3 same rule shall apply to ,oint deposits of money and evidences of credit

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