41220113-Persons - San Beda PDF

San Beda College of Law
MEMORY AID
IN
CIVIL LAW
PERSONS AND FAMILY RELATIONS

I. NEW CIVIL CODE
took effect on August 30, 1950
Effectivity of laws
GENERAL RULE: Laws take effect 15
days following the completion of its
publication
EXCEPTION: Unless otherwise provided
by the law. This refers to the 15 day
period and NOT to the requirement of
publication. (Tanada vs. Tuvera)
NOTE:
Administrative
rules
and
regulations must also be published if
their purpose is to enforce or implement
existing laws pursuant to a valid
delegation. The publication must be in
full since its purpose is to inform the
public of the contents of the law. (Phil.
Intl Trading Corp. vs. Angeles)
Ignorance of the law excuses no one
considered
a
CONCLUSIVE
presumption and applies only to
mandatory and prohibitory laws.
(Consunji vs. CA)
Non-retroactivity of laws
GENERAL RULE: Laws have no
retroactive effect.
EXCEPTIONS: (UCIPELT)
1.Unless the law otherwise provides
2. Curative statutes
3. Interpretative statutes
4. Procedural/remedial
5. Emergency laws
6. Laws creating new rights
7. Tax laws
EXCEPTIONS TO THE EXCEPTIONS:
1. Ex post facto laws
2. Laws that impair obligation of
contracts
Acts Contrary To Law
GENERAL RULE: Acts which are

contrary to mandatory or prohibitory
laws are void.
EXCEPTIONS:
1. When the law itself authorized
its validity
(ex. lotto,
sweepstakes)
2. When the law makes the act only
voidable and not void (ex.
voidable
contracts
where
consent is vitiated)
3. When the law makes the act
valid but punishes the violator
(ex. marriage solemnized by a
person without legal authority)
Waiver of rights
Requisites: (EKI)
1. Existence of a right
2. Knowledge of the existence of a right
3. Intention to relinquish the right
GENERAL RULE: Rights can be waived.
EXCEPTIONS:
1. If the waiver is contrary to law,
public order, public policy,
morals or good customs (LPPMG)
2. If the waiver is prejudicial to a
third party with a right
recognized by law.
NOTE: A stipulation requiring the
recipient of a scholarship grant to waive
his right to transfer to another school,
unless he refunds the equivalent of his
scholarship in cash is null and void. The
school concerned obviously understands
scholarship awards as a business scheme
designed to increase the business
potential of an educational institution.
Thus, conceived, it is not only
inconsistent with sound policy, but also
CIVIL LAW COMMITTEE

CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
2005 CENTRALIZED BAR OPERATIONS
with good morals. (Cui vs. Arellano

University)
Laws applicable
1. Penal laws and laws of public
security
territoriality rule governs
laws of the Philippines

will govern upon ALL those who
live or sojourn in it
2. Laws relating to family rights and
duties, or to the status, condition
and legal capacity of persons
nationality rule applies
laws of the Philippines will govern its
citizens,
regardless
of
their
residence
EXCEPTION: When a marriage between
a Filipino citizen and a foreigner is
validly celebrated and a divorce is
thereafter validly obtained abroad by
the alien spouse capacitating him or her
to remarry, the Filipino spouse shall
likewise have the capacity to remarry
under Philippine law. (Article 26(2)
Family Code)
NOTE: domiciliary rule supplants the
nationality rule in cases involving
stateless persons
3. Laws on property
lex rei sitae applies
real property, as well as
personal property is subject to
the law of the country where it
is situated
4. Laws on forms and solemnities

lex loci celebrationis applies
Rules on Personal Law
DOMICILIARY
NATIONALITY
RULE
RULE
Basis
for
determining
personal law of an
individual is his
domicile
LEX
NATIONALII
Art.
15,
basis
for
determining
personal law of an
individual
is
his
citizenship
LEX REI
SITAE
Art. 16, CC
LEX LOCI
CELEBRATIONIS
Art. 17, CC
CC
Citizenshi
p is the
basis for
determini
ng the
personal
law
applicable
Covers
family
rights &
duties,
status,
condition
& legal
capacity
Exception
:
Art. 26,
par. 2 of
Family
Code
Law of the
place
where the
property is
situated is
the basis
for
determinin
g law
applicable
Covers both
real &
personal
property
Law of the
place where
the contract
was executed
is the basis for
determining
law applicable
Exceptions:
(CIAO)
1. Capacity
to succeed
2. Intrinsic
validity of
the will
3. Amount
of
successiona
l rights
4. Order of
succession
Exceptions:
1. Art. 26,
par. 1 of
Family Code
(marriage
involving
Filipinos
solemnized
abroad, when
such are void
in the
Philippines)
2. Intrinsic
validity of
contracts
Covers only
the forms &
solemnities
(extrinsic
validity)
Renvoi Doctrine
Where the conflict rules of the
forum refer to a foreign law, and
the latter refers it back to the
internal law, the latter (law of
the forum) shall apply.
NOTE: If the foreign law refers it to a
third country, the said countrys laws
shall govern, and is referred to as the
transmission theory.
Doctrine of Processual Presumption
The foreign law, whenever
applicable, should be proved by
the
proponent
thereof;
otherwise, such law shall be
presumed to be exactly the same
as the law of the forum.
Rule on Prohibitive Laws
GENERAL RULE: Prohibitive laws
concerning persons, their acts or
property and laws which have for their
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE
AND
SUBJECT CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)

3
MEMORY AID
object public order, public policy or
good customs are not rendered
ineffective
by
laws,
judgments
promulgated or conventions agreed upon
in foreign country.
EXCEPTION: Art. 26, par. 2 Family
Code
Example: Divorce law
Human Relations
Every person must, in the
exercise of his rights and in the
performance of his duties, act
with justice, give everyone his
due, and observe honesty and
good faith. (Art. 19 of NCC)
NOTE: The elements of an abuse of right
under Art. 19 are:
1. There is a legal right;
2. Which is exercised in bad
faith;
3. For the sole intent of prejudicing
or injuring another. (Albenson
Ent. Corp. vs. CA)
The SC in Velayo vs. Shell held the
defendant liable under Art. 19 for
disposing of its property (a perfectly
legal act) in order to escape the reach of
a creditor. Likewise, in Globe Mackay
Cable
and
Radio
Corp.
vs. CA, the employer corporation was
held liable for damages for an abusive
manner in dismissing an employee, as
well as for the inhuman treatment the
latter got from them.
Every person who, contrary to
law, willfully or negligently
causes damage to another, shall
indemnify the latter for the
same. (Art. 20 of NCC)
Any person who willfully causes
loss or injury to another in a
manner that is contrary to
morals, good customs or public
IN
CIVIL LAW
policy shall compensate the

latter for the damage. (ART. 21
of NCC)
NOTE: Art. 21 deals with acts contra
bonus mores, and has the following
elements:
1. There is an act which is
legal;
2. But which is contrary to
morals, customs, public order;
3. and it is done with intent to
injure.
Arts. 19, 20 and 21 are related
to each other and, under these articles,
an act which
causes injury to another may be made
the basis for an award of damages.
There is a common element under Arts.
19 and 21, and that is, the act must be
done intentional. However, Art. 20 does
not distinguish, the act may be done
either willfully or negligently.
(Albenson Ent. Corp. vs. CA)
The SC in Pe vs. Pe, applying Art. 21

ruled that a married man had
seduced a girl through an ingenious
and tricky scheme, i.e. on the
pretext of teaching her how to pray
the rosary, to the extent of making
her fall in love with him. Verily, he
has committed an injury to the girls
family in a manner contrary to
morals, good customs and public
policy.
However, in Tanjanco vs. CA, the
SC denied the award of moral damages
based on the fact that for one year, from
1958-1959, the plaintiff, a woman of
adult age, maintained intimate sexual
relations with defendant, with repeated
acts of intercourse. Such conduct is
incompatible with the idea of seduction.
Plainly, there is here voluntariness and
mutual passion; for had the plaintiff
been deceived, had she surrendered
exclusively because of the deceit, artful
CIVIL LAW COMMITTEE

Rhodora
John Stephen
Purganan(LTD),
persuasions and wiles of defendant, she

would not have again yielded to his
embraces, much less for one year
without exacting early fulfillment of the
alleged promises of marriage and would
have cut short all sexual relations upon
finding that defendant did not intend to
fulfill his promises. Hence, no case is
made under Art. 21 of Civil Code.
While a breach of promise to marry

is not actionable, it has been held
that to formally set a wedding and
go through and spend for all the
wedding preparation and publicity,
only to walk out of it when the
matrimony was about to be
solemnized is a different matter.
This palpably and unjustifiably
contrary to good customs for which
the defendant must be held
answerable
for
damages
in
accordance with Art. 21 of the Civil
Code. (Wassmer vs. Velez)
The obligation of cohabitation of

husband and wife is not enforceable
by contempt proceedings. In private
relations, physical coercion is barred
under the the old maxim Nemo
potest preciso cogi ad factum.
However, the refusal of the wife to
perform her wifely duties, her denial
of consortium and her desertion of
her
husband
would
certainly
constitute a willful infliction of
injury upon her husbands feelings in
a manner which is contrary to
morals, good customs and public
policy for which Arts. 21 and 2210
(10) of the CC authorize an award
for moral damages. (Tenchavez vs.
Escano)
Prejudicial Question
GENERAL RULE: If both criminal and
civil cases are filed in court, the criminal
case takes precedence.
EXCEPTION:
When
there
is
a
prejudicial question or a question that
arises in a case, the resolution of which
is a logical antecedent of the issue
involved herein, and the cognizance of

which pertains to another tribunal.
Requisites (Sec. 7, Rule 111,
Rules of Court)
a. 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
NOTE: The Civil Code has suppletory
application in matters governed by
special laws
PERSONS
CIVIL PERSONALITY
aptitude of being the subject,
active or passive, of rights and
obligations
JURIDICAL
CAPACITY
CAPACITY TO ACT
Fitness to be the
subject of legal
relations
Passive
Inherent
Lost only through
death
Can exist without
capacity to act
Cannot be
limited or
restricted
Power to do act with

legal effects
Active
Merely acquired
Lost through death
and other causes
Cannot exist without
juridical capacity
Can be restricted,
modified or limited
THEORIES ON CAPACITY TO ACT

THEORY OF
THEORY OF
GENERAL
SPECIAL
CAPACITIES
CAPACITIES
Applies to
natural persons
One has the
ability to do all
things with legal
effects except
only in those
specific circumstances where
the capacity to
act is restrained
Applies to juridical
persons
This limits the power
of juridical persons
only to those that are
expressly conferred
upon them or those
which can be implied
therefrom or
incidental thereto
Natural persons
AND

5
MEMORY AID
GENERAL RULE: Birth determines
personality.
EXCEPTION: The law considers the
conceived child as born for all purposes
favorable to it if born alive. Therefore,
the child has a presumed personality,
which has two characteristics:
1. limited; and
2. provisional/conditional
(Quimiguing vs. Icao)
NOTES:
The presumption as to the childs
personality applies only in cases
beneficial to the child.
The
concept
of
provisional
personality CANNOT be invoked to
obtain damages for and in behalf of
an aborted child. (Geluz vs. CA)
When is a Child Considered Born

GENERAL RULE: For civil purposes, the
fetus is considered born if it is alive at
the time it is completely delivered from
the mothers womb.
EXCEPTION: If the fetus had an
intrauterine life of less than 7 months, it
is not deemed born if it dies within 24
hours after its complete delivery from
the maternal womb.
Presumption of survivorship
Two or more persons, called to
succeed each other, shall be
presumed to have died at the
same time, subject to the
following conditions:
1.
parties are heirs to
one another
2.
no proof as to who
died first
3.
with doubt as to who
died first
NOTE: Article 43 applies when the
parties are called to succeed each other.
But if the parties are not called to
succeed each other, Rule 131, Sec. 3 (jj)
of the Rules of Court applies. Both are
IN
CIVIL LAW
to be applied only in the absence of

facts.
Juridical persons
WHO:
a. State
and
its
political
subdivisions
b. Corporations, institutions and
entities for public purpose or
interest
c. Corporations, partnership and
associations for private interest
HOW CREATED: For (a) and (b), by the
laws creating or recognizing them;
private corporations are governed by BP
68 and partnership and associations are
governed by the provisions of this Code
concerning partnerships.
NOTE: The Roman Catholic Church is a
corporation
by
prescription,
with
acknowledged
juridical
personality,
inasmuch as it is an institution which
antedated, by almost a thousand years,
any other personality in Europe, and
which existed when Grecian eloquence
still flourished in Antioch and when idols
where still worshipped in the temple of
Mecca. (Barlin vs. Ramirez)
The estate of a deceased person
should be considered an artificial or
juridical person for the purposes of the
settlement and distribution of his estate
which, of course, include the exercise
during the judicial administration
thereof of those rights and the
fulfillment of those obligations of his
which survived after his death. (Limjoco
vs. Intestate Estate of Pedro Fragrante)
Cessation of Civil Personality
1. If natural persons: by death
2. If juridical persons: by termination
of existence
CITIZENSHIP AND DOMICILE
RESIDENCE
DOMICILE
CIVIL LAW COMMITTEE

Rhodora
John Stephen
Purganan(LTD),
Used to indicate a
PLACE OF ABODE,
whether
permanent or
temporary
There can be
several places of
residence
denotes a FIXED
PERMANENT
RESIDENCE, which
when absent, one
has the intention of
returning
There can only be
ONE place of
domicile
Elements of Domicile
a. Physical presence in a fixed
place
b. Intention to remain permanently
(animus manendi)
Kinds of Domicile
1. Domicile of origin - received by a
person at birth.
2. Domicile of choice - the place freely
chosen by a person sui juris.
3. Constructive domicile - assigned to a
child by law at the time of his birth.
II. FAMILY CODE
took effect August 3, 1988
MARRIAGE
A special contract of permanent
union between a man and a woman
entered into in accordance with law
for the establishment of conjugal
and family life.
Its nature,
consequences and incidents are fixed
by law and cannot be the subject of
stipulation.
Essential requisites: (LC)
1. Legal capacity of the contracting
parties, who must be a male and a
female
2. Consent freely given in the presence
of a solemnizing officer
Formal requisites: (ALM)
1. Authority of the solemnizing officer
2. Valid Marriage License
3. Marriage ceremony where the
contracting parties appear before
the solemnizing officer, with their
personal declaration that the take
each other as husband and wife in
the presence of not less than two
witnesses of legal age
Effects:
1. Absence of essential or formal
requisites
the marriage is void ab

initio
2. Defect in any of the essential
requisites
The is marriage voidable

3. Irregularity in any of the formal
requisites
Does NOT affect the

validity of the marriage BUT will
hold the party responsible for
such irregularity liable
Persons Authorized To Solemnize
Marriages: (PMJCCC)
1. priests, rabbis, and ministers of any
church
2. municipal and city mayors
3. members of the judiciary
4. ship captains or air plane chiefs
5. commanders of military unit, in the
absence of chaplain
6. consul generals, consuls or viceconsuls
Authorized Venues Of Marriage
GENERAL RULE: Must be solemnized
publicly, and not elsewhere, in the:
1. chambers of the judge or in open
court
2. church, chapel or temple
3. office of consul-general, consul or
vice-consul
EXCEPTIONS:
1. marriage at the point of death
(articulo mortis);
2. marriage in remote places
3. marriage at a house or place
designated by the parties with the
written request to the solemnizing
officer
Marriages
Exempt
From
License
Requirement: (MOLAR)
1. among Muslims or members of ethnic
cultural communities, provided such
were solemnized in accordance with
their customs, rites and practices
2. solemnized outside the Phil. where
NO marriage license is required by
the country where they were
AND

7
MEMORY AID
solemnized
3. of a man and a woman who have

lived together as husband and wife
for at least 5 years and without legal
impediment to marry each other
NOTE: The 5-year period should be
computed on the basis of a
cohabitation as husband and wife
where the only missing factor is the
marriage contract to validate the
union. This 5-year period should be
the years immediately before the
day of the marriage and it should be
a
period
of
cohabitation
characterized by exclusivity meaning no third party was involved
at any time within the 5 years and
continuity - that is unbroken (Ninal
vs. Bayadog, GR No. 133778 March
14, 2000).
NOTE: In the case of Manzano vs.
Sanchez (G.R. No. MTJ-00-1329,
March 08, 2001), the Supreme Court
laid down the requisites to avail the
exemption under Article 34 of the
Family Code:
a.
The man and woman
must have been living together
as husband and wife for at least
five years before the marriage;
b.
The parties must
have no legal impediment to
marry each other;
c.
The fact of absence
of legal impediment between
the parties must be present at
the time of marriage;
d.
The parties must
execute an affidavit stating
that they have lived together
for at least five years [and are
without legal impediment to
marry each other; and
e.
The
solemnizing
officer must execute a sworn
statement
that
he
had
ascertained the qualifications of
the parties and that he had
found no legal impediment to
their marriage
IN
CIVIL LAW
4. in articulo mortis
5. in remote places
NOTE: A marriage license is valid only
for 120 days from date of issue, in any
part of the Philippines.
Foreign Marriages
Validity of marriage:
GENERAL RULE: Where one or both
parties to the marriage are citizens of
the Philippines, the foreign marriage is
valid in this country if solemnized in
accordance with the laws of the country
of celebration.
EXCEPTIONS: Foreign marriages shall
not be recognized in the Philippines if
prohibited because: (MABB-PIP)
1. contracted by a national who is
below 18 years of age
2. bigamous or polygamous (except
as provided for in Art. 41, FC)
3. contracted through mistake of
one party as to the identity of
the other
4. contracted
following
the
annulment or declaration of
nullity of a previous marriage
but before partition
5. void due to psychological
incapacity
6. incestuous
7. void for reasons of public policy
Validity of divorce:
GENERAL RULE: A divorce validly
obtained abroad by the alien spouse,
capacitating him/her to remarry can
allow the Filipino to remarry.
EXCEPTION: The rule will not apply if
the divorce was obtained by the Filipino
spouse.
NOTE: A Filipino wife remains the lawful
wife of the Filipino husband despite a
decree of divorce obtained abroad by
the wife. However, if the wife is already
a foreigner at the time of the divorce,
she ceases to be the lawful wife of the
CIVIL LAW COMMITTEE

Rhodora
John Stephen
Purganan(LTD),
Filipino husband. This, notwithstanding,

if at the time of the marriage the wife
was still a Filipino, and subsequently
acquires citizenship of another country,
thereby rendering her to have the legal
capacity to obtain a decree of divorce,
the Filipino husband remains a spouse of
the former. This situation is not covered
by Art. 26, par.2 which requires that, at
the time of the marriage, one of the
parties is already an alien.
VOID MARRIAGES
A. Due to absence of any of the
essential requisites: (BB-LAPIS)
1. contracted by any party below 18
years of age even with parental
consent
2. solemnized by any person not legally
authorized to perform marriages
unless one or both of the parties
believed in good faith that the
solemnizing officer had the legal
authority to do so
3. solemnized without a license except
as otherwise provided
4. bigamous or polygamous marriages
5. marriages
contracted
through
mistake of one of the parties as to
the identity of the other
6. subsequent marriages that are void
under Article 53 of the Family Code
7. contracted by a party who at the
time
of
the
marriage
was
psychologically incapacitated
B. Incestuous marriages, whether the
relationship be legitimate or
illegitimate (Article 37):
1. between
ascendants
&
descendants of any degree
2. between brothers & sisters
whether full or half-blood
C. Those contrary to public policy
(Article 38): (SCAPS-SAKA)
1. between
collateral
blood
relatives whether legitimate or
illegitimate up to the 4th civil degree
2. between step-parents & step
children
3. between
parents-in-law
&
children-in-law
4. between the adopting parent &

the adopted child
5. between the surviving spouse of
the adopting parent & the adopted
child
6. between the surviving spouse of
the adopted child & the adopter
7. between an adopted child & a
legitimate child of the adopter
8. between the adopted children of
the same adopter
9. between parties where one, with
the intention to marry the other,
killed the latters spouse, or his/her
spouse.
NOTE: Under the FC, the following can
now marry each other:
a. Brother-in-law and sister-in-law;
b. Stepbrother and stepsister;
c. Guardian and ward;
d. Adopted and illegitimate child of
the adopter;
e. Parties who have been convicted
of adultery or concubinage.
D. Subsequent marriages
1. without judicial declaration of
nullity of previous void marriage
(Article 40)
2. without judicial declaration of
presumptive death of absent spouse
(Article 41)
3. where the spouse was presumed
dead, and both the present spouse
and would-be spouse were in bad
faith in contracting marriage (Article
44)
NOTE: Where there was failure to record
in the civil registry and registry of
property the judgment of annulment or
of absolute nullity of the marriage,
partition and distribution of the property
of the spouses and the delivery of the
childrens presumptive legitimes it shall
not affect third persons (Articles 52-53).
NOTE: Even if a marriage is void, it must
be declared void first because the
parties cannot decide for themselves the
invalidity of their marriage.
AND

9
MEMORY AID
VOID
VOIDABLE
Decree of nullity
Decree
of
annulment
Never be ratified
Ratified by free
cohabitation
Attacked directly or Attacked
directly
collaterally
only
Co-ownership
Conjugal
Partnership
Always void
Valid until annulled
Action for
Action prescribes
declaration of
nullity does not
prescribe
Psychological Incapacity
no exact definition but is restricted
to psychological incapacity to
comply with the essential marital
obligations of marriage
involves a senseless, protracted and
constant refusal to comply with the
essential marital obligations by one
or both of the spouses although he,
she or they are physically capable of
performing such obligations (Chi
Ming Tsoi vs. CA)
Essential elements: (MAVFFCCI)

a. Mental condition
b. Applies to a person who is
maritally contracted to another
entered into with
volition
Failure to perform or comply
with the essential obligations in
marriage
Failure to perform is chronic
Cause is psychological in nature
Cause is serious, with juridical
antecedence and must be
incurable
Incapacity results in the failure
of the marriage.
c. Marriage
d.
e.
f.
g.
h.
JURISPRUDENTIAL GUIDELINES:
(Republic vs. Molina)
1. burden of proof belongs to the
plaintiff
2. root cause of the psychological
CIVIL LAW COMMITTEE
3.
4.
5.
6.
7.
8.
IN
CIVIL LAW
incapacity must be:

a. medically or clinically identified
b. alleged in the complaint
c. sufficiently proven by experts
d. explained in the decision
incapacity must be existing at the
time of the celebration of marriage
incapacity must be permanent or
incurable
illness is grave enough to bring about
disability
to
assume
marital
obligations
marital obligations refer to Art. 6871 of FC as well as Art. 220,221 and
225 of the FC
interpretations of the National
Appellate Matrimonial Tribunal of
the
Catholic
Church
of
the
Philippines while not controlling
should be given great respect.
trial
court
must
order
the
prosecuting attorney or fiscal and
the Solicitor General to appear for
the state.
JUDICIAL OF DECLARATION OF NULLITY

The absolute nullity of a
previous marriage may be
invoked
for
purposes
of
remarriage on the basis solely of
a final judgment declaring such
previous marriage void.
NOTES:
For purposes of remarriage, the

only legally acceptable basis for
declaring a previous marriage an
absolute nullity is a final judgment
declaring such previous marriage
void, whereas, for purposes other
than remarriage, other evidence is
acceptable. (Domingo vs. CA)
In a case for concubinage, the

accused need not present a final
judgment declaring his marriage void
for he can adduce evidence in the
criminal case of the nullity of his
marriage other than proof of a final
judgment declaring his marriage void.
Hence, the pendency of the civil
action for nullity of marriage does not
pose a prejudicial question in a
Rhodora
John Stephen
Purganan(LTD),
10
criminal case for concubinage.
Parties to the marriage should

not be permitted to judge for
themselves its nullity, for the same
must be submitted to the judgment of
the competent courts and only when
the nullity of the marriage is so
declared can it be held as void, and
so long as there is no such
declaration, the presumption is that
the marriage exists for all intents and
purposes. Therefore, he who cohabits
with a woman not his wife, before the
judicial declaration of nullity of the
marriage, assumes the risk of being
prosecuted for concubinage. (Beltran
vs. People, June 20, 2000)
remain valid except if the donee

contracted the marriage in bad faith;
4. The innocent spouse may revoke the
designation of the spouse in bad
faith as the beneficiary in any
insurance policy; and
5. The spouse who contracted the
subsequent marriage in bad faith
shall be disqualified to inherit from
the innocent spouse by testate or
intestate succession.
NOTE: The above effects apply in
voidable bigamous marriages. Except for
(1), the above effects also apply to
marriages which are annulled or
declared void ab initio under Art. 40 of
the Code.
BIGAMOUS MARRIAGES
DECLARATION OF PRESUMPTIVE DEATH

Requisites: (MR-BF)
1. That the absentee spouse has been
missing for 4 consecutive years or 2
consecutive
years
if
the
disappearance occurred where there
is
danger
of
death
under
circumstances laid down in Art.391
of the NCC
2. The present spouse wishes to
remarry;
3. The present spouse has well-founded
belief that the absentee is Dead;
4. The present spouse files a summary
proceeding for the declaration of
presumptive death.
GENERAL RULE: A marriage contracted

by any person during the subsistence of a
previous valid marriage shall be null and
void.(Gomez vs. Lipana)
EXCEPTIONS: When
the
following
conditions concur, the subsequent
bigamous marriage shall be valid:
1. absence of the other spouse
must have been for four
consecutive years, or two years
where there was danger of death
2. well-founded belief of the
present spouse that absent
spouse was already dead
3. judicial
declaration
of
presumptive death
EFFECTS
OF
TERMINATION
OF
SUBSEQUENT MARRIAGE: (ICADI)
1. Children of the subsequent marriage
conceived prior to its termination
shall be considered legitimate;
2. The absolute community or conjugal
partnership shall be dissolved and
liquidated. If either spouse acted in
bad faith, his/her share in the net
profits shall be forfeited:
a. in favor of the common
children;
b. if none, in favor of the
children of the guilty spouse by
previous marriage; or
c. in default of children, in
favor of the innocent spouse;
3. Donations by reason of the marriage
NOTE: The
present
spouse
must
establish that he had a well-founded
belief required by law that his absent
wife was already dead that would sustain
the issuance of a court order declaring
presumptive death. In the case of RP vs.
Nolasco,
The
SC
believed
that
respondent Nolasco failed to conduct a
search for his missing wife with such
diligence as to give rise to a wellfounded belief that she is dead. When
he arrived in San Jose, Antique after
learning of his wifes departure, instead
of seeking the help of local authorities or
of the British embassy, he secured
another seamans contract and went to
London, a vast city of many millions of
inhabitants, to look for her there. (RP
vs. Nolasco)
AND

11
MEMORY AID
Effect of Reappearance of Absent
Spouse:
GENERAL RULE:
The subsequent
bigamous marriage under Article 41
remains valid despite reappearance of
the absentee spouse.
EXCEPTION: If the reappearance was
made in a sworn statement recorded in
the civil registry, the subsequent
marriage is automatically terminated.
EXCEPTION TO THE EXCEPTION: If
there was a previous judgment annulling
or declaring the first marriage a nullity,
the subsequent bigamous marriage
remains valid.
VOIDABLE MARRIAGES
Grounds: (UP-FAVS)
1. Age of the party in whose behalf it is
sought to have the marriage annulled
was 18 years of age or over but
below 21, and the marriage was
solemnized without the consent of
the parents, guardian or person
exercising
substitute
parental
authority over the party, in that
order, and both lived together as
husband and wife;
2. Unsound mind of either party
3. Fraudulent means of obtaining
consent of either party
4. Vitiated consent of either party
through force, intimidation or undue
influence
5. Physical incapability of either party
to consummate the marriage with
the other, and such incapacity
continues and appears to be
incurable
6. Sexually-transmissible disease of
either party found to be serious and
appears to be incurable
NOTE: Mode of ratification for Nos. 1-4
is COHABITATION. In Nos. 5 & 6, there is
no ratification to speak of since the
defect is permanent. The latter can be
convalidated only by prescription, i.e. 5
years from the date of marriage.
Specifically, in no.5, the healthy spouse
CIVIL LAW COMMITTEE
IN
CIVIL LAW
may still annul the marriage within 5yrs.

after celebration.
Circumstances amounting to Fraud
under Article 46: (SPND)
1. Non-disclosure of a previous
conviction by final judgment of the
other party of a crime involving
moral turpitude;
2. Concealment by the wife of the fact
that at the time of the marriage, she
was Pregnant by a man other than
her husband;
3. Concealment
of
a
Sexually
transmissible disease, regardless of
its nature, existing at the time of
the marriage; and
4. Concealment of Drug addiction,
habitual alcoholism, homosexuality
or lesbianism existing at the time of
the marriage.
NOTES:
Misrepresentation
as
to
character, health, rank, fortune or
chastity is not a ground for
annulment.
The enumeration in Article 46 is
EXCLUSIVE. (Anaya vs. Palaroan)
Ground
(F2I2NS)
Persons
Who May
Sue
1.Force,
Injured party
intimidation
, or undue
influence
2. Fraud
Injured party
Prescripti
ve Period
w/in
5
years from
the
time
the force,
intimidatio
n, or undue
influence
ceased
w/in
5
years from
the
discovery
of
fraud
Rhodora
John Stephen
Purganan(LTD),
12
3. incapabi- Injured party

lity to
consummate
4. Insanity
5. Nonconsent
6. STD
(a)
sane
spouse who
has
no
knowledge of
the insanity
(b) relatives,
guardians or
persons having
legal
charge of the
insane
(c)
insane
spouse
(a)
parent/
legal
guardian
having charge
of the noconsent
party
(b)
no
consent
party
Injured party
w/in
5
years after
the
celebration
of
the
marriage
(a) anytime
before the
death
of
either party
(b) anytime
before the
death
of
either party
(c) during
lucid
interval or
after
regaining
sanity
(a) anytime
before the
no
consent
party
reaches 21
(b) w/in 5
years after
reaching 21
w/in
5
years after
the
celebration
of
the
marriage
NOTE: In Nos. 1, 2, 4, and 5, when

cohabitation takes place after the defect
ceases to exist, the prescriptive period is
rendered moot and academic. Whichever
comes first may convalidate the
marriage: Cohabitation or Prescription.
Requisites for annulment due to
Impotence under Art.45(5) (CUPIN)
a. Impotence exists at the time of
the celebration of the marriage
b. The impotence is permanent
c. incurable
d. The impotence is unknown to
the other spouse
e. The other spouse must not also
be impotent
Doctrine of Triennial Cohabitation
presumption
that
the
husband is impotent should the wife

still remain a virgin after 3 years of
living together with her husband.
Requisites for annulment due to
Disease under Article 45(6) (ICSIIF)
1. Either party is inflicted with a
sexually transmissible disease (STD)
ADDITIONAL
REQUIREMENTS
FOR
ANNULMENT OR DECLARATION OF
NULLITY
1.Prosecuting attorney or fiscal should:
a. Take steps to prevent collusion
between the parties
b. Take care that evidence is not
fabricated or suppressed
2.The following must be accomplished:
a. Partition and distribution of the
properties of the spouses
b. Delivery of the childrens
presumptive legitimes
c. Recording of the judgment of
annulment or absolute nullity.
NOTES:
There will be collusion only if

the parties had arranged to make it
appear that a ground existed or had
been committed although it was not,
or if the parties had connived to
bring about a matrimonial case even
in the absence of grounds therefore.
(Ocampo vs. Florenciano)
A grant of annulment of
marriage or legal separation by
default is fraught with danger of
collusion. If the defendant spouse
fails to answer the complaint, the
court cannot declare him or her in
default but instead, should order the
prosecuting attorney to determine if
collusion exists between the parties.
However, petitioners vehement
opposition
to
the
annulment
proceedings negates the conclusion
that collusion existed between the
parties. Under these circumstances,
the
non-intervention
of
a
prosecuting attorney to assure lack
of collusion between the contending
parties is not fatal to the validity of
the proceedings in the trial court.
(Tuason vs. CA, GR 116607, April 10,
1996)
AND

13
MEMORY AID
RULE ON DECLARATION OF ABSOLUTE
NULLITY OF VOID MARRIAGES AND
ANNULMENT OF VOIDABLE MARRIAGES
(A.M. 00-11-01-SC)
took effect on March 15,

2003
this Rule shall govern

petitions for declaration of absolute
nullity of void marriages and
annulment of voidable marriages
under the Family Code of the
Philippines.
the Rules of Court has

suppletory application
for a more comprehensive

discussion on the procedural aspects
of the Rule, please refer to the
Remedial Law Memory Aid.
LEGAL SEPARATION
Grounds: (SAMBA-LIPAD)
1. repeated physical violence or grossly
abusive conduct directed against the
petitioner, a common child, or a
child of the petitioner
2. attempt of the 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
3. attempt by the respondent against
the life of the petitioner
4. final judgment sentencing the
respondent to imprisonment of more
than 6 years even if pardoned
5. drug
addiction
or
habitual
alcoholism of the respondent
6. lesbianism or homosexuality of the
respondent
7. abandonment of the petitioner by
the respondent without justifiable
cause for more than 1 year
8. physical violence or moral pressure
to compel petitioner to change
religious or political affiliation
9. contracting by respondent of a
subsequent bigamous marriage; and
CIVIL LAW COMMITTEE
IN
CIVIL LAW
10. sexual infidelity or perversion.

NOTES:
Cooling-off Period 6 months
period designed to give the parties
enough time to further contemplate
their positions with the end in view
of attaining reconciliation between
them.
The enumeration in Article 55
regarding
legal
separation
is
EXCLUSIVE. (Lacson vs. San JoseLacson)
Grounds for denial of petition:
(CCCC-MP-DR)
a. Condonation -NOTE: failure of
the husband to look for his
adulterous wife is NOT condonation
to wife's adultery. (Ocampo vs.
Florenciano)
b. Consent
c. Connivance
d. Collusion
e. Mutual Guilt
f. Prescription
g. Death of either party during the
pendency of the case (Lapuz-Sy vs.
Eufemio)
h. Reconciliation of the spouses
during the pendency of the case
Effects of filing petition:
a. The spouses shall be entitled to
live separately from each other.
b. The husband shall have no more
right to have sexual intercourse with
his wife.
c. In the absence of an agreement
between the parties, the court shall
designate the husband, the wife, or
a 3rd person to manage the absolute
community or conjugal partnership
property.
Effects of decree of legal separation:

a. The spouses shall be entitled to
Rhodora
John Stephen
Purganan(LTD),
14
live separately from each other but

the marriage bond is not severed.
b. The absolute community or
conjugal
partnership
shall
be
dissolved and liquidated.
c. The custody of the minor
children shall be awarded to the
innocent spouse subject to the
provisions of Art. 213 of the Code.
d. The offending spouse shall be
disqualified from inheriting from the
innocent
spouse
by
intestate
succession and the provisions in
favor of the offending spouse made
in the will of the innocent spouse
shall be revoked by operation of law.
e. The innocent spouse may revoke
the donations made by him/her in
favor of the offending spouse, as
well as the designation of the latter
as beneficiary in any insurance
policy, even if the designation be
irrevocable.
Effects of Reconciliation of the
Spouses:
a. The
legal
separation
proceedings, if still pending, shall
thereby be terminated at whatever
stage.
b. The final decree of legal
separation shall be set aside, but the
separation of property and any
forfeiture of share of the guilty
spouse already effected shall subsist,
unless the spouses agree to revive
their former property regime.
RULE ON LEGAL SEPARATION
(A.M. 02-11-11-SC)
took effect on March 15, 2003
this Rule shall govern petitions for
legal separation under the Family
Code in the Philippines; the Rules of
Court shall apply suppletorily
please refer to the Remedial Law
Memory Aid for the procedural
provisions of the Rule
MARITAL RIGHTS AND OBLIGATIONS
(JL-FORM)
1. live together
2. observe mutual love, respect &
fidelity
3. render mutual help & support
4. fix the family domicile

5. joint responsibility for the support of
6.
the family
management of the household
Exercise of Profession
GENERAL RULE:
Husband & wife
can engage in any lawful enterprise or
profession without the consent of the
other.
EXCEPTION: Upon objection of the
other spouse only on valid, serious and
moral grounds, may the formers consent
be necessary.
Property Relations Between Husband &
Wife
Governed by:
1. marriage
settlements
executed
before the marriage or antenuptial
agreements
2. provisions of the Family Code
3. local
customs
(when
spouses
repudiate absolute community)
MARRIAGE SETTLEMENTS
It is a contract entered into by the
future spouses fixing the matrimonial
property regime that should govern
during the existence.
Requisites:
1. made before celebration of marriage
2. in writing (even modifications)
3. signed by the parties
4. not prejudice third persons unless
registered in the civil registry
5. to fix terms and conditions of their
property relations
6. additional signatories
a. 18-21: parents
b. civil interdictees & disabled:
guardian
Not applicable when:
1. both spouses are aliens, even if
married in the Philippines
2. as to extrinsic validity of contracts
3. contrary stipulation
DONATIONS BY REASON OF MARRIAGE
Requisites: (COBB)
1.
made before celebration of
marriage
AND

15
MEMORY AID
2.
3.
in consideration of marriage
in favor of one or both future
spouses
BASES
DONATIONS
PROPTER
NUPTIAS
Formalities Governed by the
rules on ordinary
donations except
that if future
property is
donated, it must
conform with
formalities of wills
ORDINARY
DONATIONS
Governed
by rules on
donations
(Arts. 725773, NCC)
Present May be donated but No limit

Property up to 1/5 of
except that
donors present
donor shall
property
leave property
enough for his
support
Future
May be included
Cannot be
property provided donation included
is mortis causa
Grounds
Art. 86, FC
for
revocation
Arts. 760,
764, & 765,
NCC
Rule on Donation Between Spouses

During Marriage
GENERAL RULE: VOID, either direct or
indirect donation
EXCEPTIONS:
1. moderate gifts on occasions of
family celebrations
2. donations mortis causa
NOTE:
This rule also applies to
common-law spouses. (Article 87,
Family Code)
Grounds for Revocation (VIRAL-CN)
1. marriage Not celebrated or declared
Void ab initio except those made in
marriage settlements
2. marriage without parental Consent
3. marriage is Annulled and donee is in
bad faith
4. upon Legal separation, the donee
being the guilty spouse
5. complied Resolutory condition
IN
CIVIL LAW
6. donee commits acts of Ingratitude

SYSTEM OF ABSOLUTE COMMUNITY (AC)
The property regime of the

spouses in the absence of a marriage
settlement or when the marriage is
void. This is so because it is more in
keeping with Filipino culture.
GENERAL RULE: Community property
shall consist of all property owned by the
spouses at the time of the marriage or
acquired thereafter.
EXCEPTIONS: (BEG)
1.
property acquired before
the marriage by either spouse
who has legitimate descendants
by a former marriage
2.
property for personal
and exclusive use except jewelry
3.
property acquired during
the marriage by gratuitous title,
except when the donor, testator
or grantor expressly provides
otherwise
NOTE: No waiver of rights allowed
during the marriage except in case of
judicial separation of property. The
waiver must be in a public instrument.
Administration of the community
property
GENERAL RULE: It shall belong to both
spouses jointly.
EXCEPTIONS:
1.
In case of disagreement,
husbands decision shall prevail.
2.
In case one spouse is
incapacitated or unable to
participate in the administration
of the common properties, other
spouse may assume sole powers.
NOTE: These powers do not
include:
a. Disposition
b. encumbrance
NOTE: Any alienation or encumbrance is
void if without the written consent of
the other spouse
CIVIL LAW COMMITTEE

Rhodora
John Stephen
Purganan(LTD),
16
Rule on Game of Chance
LOSS: Shall be borne by the

loser-spouse and shall not be
charged to the community property
WINNINGS: Shall form part of

the community property
Steps in Liquidation of AC: (IP-DDP)
1. Inventory
a. Inventory of Community Property
b. Inventory of separate property of
the wife
c. Inventory of separate property of
the husband
2. Payment of Community Debts
First, pay out of community assets, if not

enough, husband and wife are solidarily
liable
3. Delivery to each spouse his/her

separate property if any
4. Division of the net community assets

5. Delivery of presumptive legitimes, if
any, to the children
CONJUGAL PARTNERSHIP OF GAINS (CP)
It is that formed by a husband
and wife whereby they place in a
common fund the fruits of their
separate property, and the income
from their work or industry, the
same to be divided between them
equally (as a general rule) upon the
dissolution of the marriage or the
partnership.
Conjugal Partnership Property: (LC2
FONT)
1. obtained from labor, industry, work
or profession
2. acquired by chance
3. acquired during the marriage with
conjugal funds
4. fruits of the conjugal property
5. acquired through occupation
6. net fruits of their exclusive property
7. share of either spouse in hidden
treasure
Exclusive Property Of Each Spouse:
(OGRE)
1. that which is brought to the
marriage as his/her own
2. acquired during the marriage by
3.
4.
gratuitous title
acquired by right of redemption,
barter or exchange with property
belonging to either spouse
purchased with exclusive money of
either spouse
Rules In Cases Of Improvement Of

Exclusive Property
1. Reverse Accession if the cost of the
improvement and the plus value is
more than the value of the principal
property at the time of the
improvement, the property becomes
conjugal
2. Accession if the cost of the
improvement of the plus value is
equal to or less than the value of the
principal property at the time of the
improvement, the entire property
becomes the exclusive property of
the spouse.
Steps In Liquidation Of CP: (DIRDO-DIP)
1. Inventory
of
the
Conjugal
Partnership of Gains assets
2. Restitution of advances made to
each spouse
3. Payment of debts to each spouse
4. Payment of obligations to third
parties
5. Delivery of exclusive properties
6. Payment of losses and deterioration
of movables belonging to each
spouse
7. Delivery of presumptive legitimes
8. Division of the net conjugal
partnership properties
NOTE: Property bought on installments
paid partly from exclusive funds of the
spouses and partly form conjugal funds:
a. If full ownership was vested
before the marriage it shall
belong to the buyer-spouse
b. If full ownership was vested
during the marriage - it shall
belong
to
the
conjugal
partnership
Charges Upon and Obligations Of AC
and CP:
1. Support for family except for
illegitimate children of either
AND

17
MEMORY AID
spouse;
2. Debts and obligations which must
have been contracted:
a. by administrator-spouse for the
benefit of the family;
b. by both spouses; or
c. by one spouse with the consent
of the other;
3. Debts and obligations without
marital consent provided the family
was benefited;
4. All taxes, liens, charges and
expenses including major or minor
repairs upon the community or
conjugal property;
NOTE:
However,
in
conjugal
partnership, actual use need not be
proved because it is presumed.
5. All taxes and expenses for mere
preservation made during the
marriage
upon
the
exclusive
property of either spouse used by
the family;
6. Expenses for education or selfimprovement of either spouse;
7. Ante-nuptial debts of either spouse
insofar as they have redounded to
the benefit of the family;
8. The value of what is donated or
promised by both spouses in favor of
their common legitimate children for
education or self-improvement; and
9. Expenses of litigation between
spouses
unless
found
to
be
groundless.
NOTES:
The separate properties shall be
solidarily and subsidiarily liable for
the obligations if the community or
conjugal properties are insufficient.
The absolute community property
shall also be liable for ante-nuptial
debts mentioned above, support of
illegitimate children, and liabilities
incurred by either spouse by reason
of a crime or quasi-delict in case of
insolvency of the exclusive property
of the debtor-spouse. Payment of
which shall be advanced by the
absolute
community
property,
CIVIL LAW COMMITTEE
IN
CIVIL LAW
subject to deduction from the share

of the debtor-spouse.
The conjugal partnership property
shall likewise be liable for the
payment of the personal debts of
either spouse insofar as they have
redounded to the benefit of the
family.
Indirect benefits that might accrue
to a husband in his signing a surety
or guarantee agreement not in favor
of the family but in favor of his
employer corporation are not the
benefits that can be considered as
giving a direct advantage accruing to
the family. Hence, the creditors
cannot go against the conjugal
partnership property of the husband
in satisfying the obligation subject of
the surety agreement. A contrary
view would put in peril the conjugal
partnership property by allowing it
to be given gratuitously as in cases
of donation of conjugal partnership
property, which is prohibited. (Ayala
Investment Corp. vs. CA)
Grounds For Termination Of Absolute

Community And Conjugal Partnership:
(LADS)
1. decree of legal separation
2. annulment or declaration of nullity
of marriage
3. death of either spouses
4. judicial separation of property
REGIME OF SEPARATION OF PROPERTY
Causes: (CLAAPS)
a.
petitioners spouse has been
sentenced with a penalty which
carries with it civil interdiction;
b.
loss of parental authority of
the petitioners spouse as decreed
by the court;
c.
petitioners spouse has been
judicially declared an absentee;
d.
abandonment
by
the
petitioners spouse and failure to
comply with the obligations to the
Rhodora
John Stephen
Purganan(LTD),
18
family;
e.
spouse granted power of

administration
in
marriage
settlement abused such power; and
f.
at the time of the petition,
spouses are separated in fact for at
least 1 year and the possibility for
reconciliation is highly improbable.
NOTE: The spouses contribute to the
family expenses proportionately with
their income and the value of their
properties. However, the liability of the
spouses to the creditors for family
expenses is solidary.
PROPERTY
REGIME
WITHOUT MARRIAGE
Art. 147
Applicability
1. Without
legal
impediment to
marry
2. Void
marriages due
to absence of
formal
requisite
Salaries & Owned in

Wages
equal shares
OF
UNIONS
Art. 148
1. With legal
impediment to
marry
2. Adulterous
relationships
3. Bigamous or
polygamous
marriages
4. Incestuous
void marriages
under Art. 37
5. Void
marriages by
reason of
public policy
under Art. 38
Separately
owned by the
parties
Property Belongs to such Belongs to

Acquired party provided such party
Exclusively there is proof
by Either that he/she
Party
acquired it by
exclusive funds
Property
Acquired
by Both
Parties
Governed by
the rules on
coownership
Presumption
(prima
facie)
Presumption
of joint
acquisition
and equal
sharing as to
property
Owned by
them in
common in
proportion to
their
respective
contributions
No
presumption of
joint
acquisition.
When there is
evidence of
acquired
while they
live
together.
Forfeiture When only
one of the
parties is in
good faith,
the share of
the party in
bad faith in
the coownership
shall be
forfeited:
a. in favor
of their
common
children; or
b. in default
of or in case
of waiver by
any or all of
the common
children or
their
descendants,
in favor of
the innocent
party.
joint
acquisition but
none as to the
extent of
actual
contribution,
there is a
presumption of
equal sharing.
If one of the
parties is
validly married
to another,
his/her share
in the coownership
shall accrue to
the absolute
community or
conjugal
partnership
existing in
such valid
marriage.
If the party
who acted in
bad faith is not
validly married
to another or
if both parties
are in bad
faith, such
share shall be
forfeited in
the manner
provided in the
last paragraph
of Article 147.
NOTE: Under Art. 148, only the

properties acquired by both of the
parties through their actual joint
contribution of money, property or
industry shall be owned by them in
proportion
to
their
respective
contributions. It must be stressed that
actual contribution is required by this
provision, in contrast to Art. 147 which
state that efforts in the care and
maintenance of the family and
household,
are
regarded
as
contributions to the acquisition of
common property by one who has no
salary or income or work or industry. If
the actual contribution of the party is
not proved, there will be no coownership and no presumption of equal
shares. (Agapay vs. Palang). Hence,
mere cohabitation without proof of
AND

19
MEMORY AID
contribution will not result in a coownership. (Tumlos vs. Fernandez).
THE FAMILY
Basic social institution which public
policy cherishes and protect hence,
no suit between members of the
family shall prosper unless the
compromise between the parties
have failed
FAMILY RELATIONS INCLUDE:
1. between husband and wife
2. between parents and children
3. among
ascendants
and
descendants
4. among brothers and sisters
whether full or half-blood
FAMILY HOME
GENERAL RULE: The family home is
exempt from execution, forced sale or
attachment.
EXCEPTIONS: (PLMN)
1. debts
incurred
prior
to
constitution
2. debts
due
to
laborers,
mechanics, architects, builders,
material men and others who
have
rendered
service
or
furnished materials for the
construction of the building
3. debts secured by mortgages
4. non-payment of taxes
Guidelines:
1. deemed constituted from time of
actual occupation as a family
residence
2. must
be
owned
by
person
constituting it
3. must be permanent
4. rule applies to valid and voidable
and even to common-law spouses
under Articles 147 and 148
5. continues despite death of one or
more spouses or unmarried head of
IN
CIVIL LAW
the family for 10 years, or as long as

a minor beneficiary lives
6. can constitute one (1) family home
only
PATERNITY AND FILIATION
Rule on Children Conceived as a Result
of Artificial Insemination
Status is legitimate child, provided
both husband and wife authorized or
ratified the insemination in a written
instrument which they executed and
signed before the birth of the child
Legitimate Children
GENERAL RULE:
Only those who
are conceived or born during a valid
marriage
EXCEPTIONS: (CAVALAC)
Those children who are
1. Conceived as a result of artificial
insemination
2. Born of a voidable marriage
before decree of annulment
3. Conceived or born before
judgment of annulment or
absolute nullity under Art. 36 has
become final & executory
4. Conceived or born of subsequent
marriage under Art. 53
5. Of mothers who may have
declared against its legitimacy or
was sentenced as an adultress
6. Legally adopted
7. Legitimated, conceived and born
outside of wedlock of parents
without impediment at the time
of
conception
and
had
subsequently married
Illegitimate Children
GENERAL RULE: Those conceived and
born outside a valid marriage are
illegitimate.
EXCEPTIONS: Children who are:
1. born of marriages which are
void ab initio such as bigamous
and incestuous marriages and
CIVIL LAW COMMITTEE

Rhodora
John Stephen
Purganan(LTD),
20
marriage was declared void for

being contrary to law and public
policy
2. of voidable marriages born after
the decree of annulment
Rules on Impugning Legitimacy
A. Grounds (PBA)
1. physical impossibility of the husband
to have sexual intercourse with his
wife within the 1st 120 days of the
300 days immediately preceding the
childs birth, due to:
a. physical incapacity of the
husband;
b. husband and the wife were
living separately; or
c. serious
illness
of
the
husband
which
absolutely
prevented sexual intercourse
2. biological or scientific proof
that the child could not have been
that of the husband; and
3. written
authorization
or
ratification of either parent for
artificial insemination was obtained
through mistake, fraud, violence,
intimidation or undue influence.
B. Prescriptive periods
1. one year, from knowledge of
birth or recording in the civil
register, if husband or heirs lives in
the SAME city/municipality
2. two years, if resides in the Phils.
3. three years, if abroad
C. Parties
GENERAL RULE: Only the husband may
impugn
EXCEPTION: The heirs, if the husband
dies before the end of the prescription
of the action, or after filing complaint,
or child was born after death
NOTE: The question of legitimacy cannot
be collaterally attacked, it can be
impugned only in a direct action.
Rule on the Status of Children born
after 300 days following Termination of
Marriage
A. Requisites (TS-WBN)
1.
first marriage terminated
2.
mother contracted subsequent

marriage
3.
subsequent
marriage
was
contracted within 300 days after
termination of previous marriage
4.
child was born
5.
no evidence as to status of
child
B. Rules as to whom the child belongs
1. to first marriage, if child was
born before the lapse of 180 days
after celebration of 2nd marriage
provided born within 300 days after
termination of the 1st marriage.
2. to second marriage, if child was
born after 180 days following
celebration of 2nd marriage whether
born
within
300
days
after
termination of 1st marriage or
afterwards.
Proof of Filiation
GENERAL RULE: Filiation of legitimate
(or illegitimate) children is established
by any of the following:
1. The record of birth appearing in the
civil registrar or a final judgment
2. An admission of legitimate (or
illegitimate) filiation in a public
document or a private handwritten
instrument and signed by the parent
concerned.
EXCEPTION: In the absence of any of
the foregoing evidence, such legitimate
or illegitimate filiation shall be proved
by:
1. Open and continuous possession of the
status of a legitimate or illegitimate
child;
2. Any other means allowed by the Rules
of Court and special laws.
NOTES:
Continuous does not mean that

the concession of status shall
continue forever but only that it
shall not be of an intermittent
character while it is continuous. The
possession of such status means that
the father has treated the child as
his own, directly and not through
others, spontaneously and without
concealment
though
without
publicity. There must be a showing
AND

21
MEMORY AID
of permanent intention of the
supposed father to consider the child
as his own by continuous and clear
manifestation of paternal affection
and care. (Mendoza vs. CA). The
paternal affection and care must not
be attributed to pure charity. Such
acts must be of such a nature that
they reveal not only the conviction
of paternity, but also the apparent
desire to have and treat the child as
such in all relations in society and in
life,
not
accidentally,
but
continuously. (Jison vs. CA)
The SC in Lim vs. CA, ruled that
petitioner was the father of his
illegitimate children because the
evidences convincingly show this.
Hence, it was the petitioner who
paid the bills for the hospitalization
of the mother when she gave birth.
He was the one who caused the
registration of the name of the child
using his surname in the birth
certificate.
He
also
wrote
handwritten letters to the mother
and the child stating his promise to
be a loving and caring husband and
father to both of you. There were
also pictures of the petitioner on
various occasions cuddling the child.
In view of the fact that filiation
may be proved by any means
allowed by the Rules of Court and
special laws this may consist of
baptismal certificate, a judicial
admission, a family bible in which his
name has been entered, common
reputation respecting his pedigree,
admission by silence, the testimony
of witnesses and such other kinds of
proof admissible under Rule 130 of
RC. (Mendoza vs. CA) For a baptismal
certificate to be proof of filiation
under the Rules of Court, it must be
shown that the father therein
participated in the preparation of
the same. A birth certificate not
signed by the alleged father
indicated in said certificate is not
competent evidence of paternity.
CIVIL LAW COMMITTEE
IN
CIVIL LAW
(Fernandez vs. CA)

Proof of filiation of petitioners
to the late Enrique Baluyut is not
sufficient to confer upon them any
hereditary right in the estate of the
deceased. What is necessary to be
established by an illegitimate not
natural child in order that he may be
entitled to successional rights under
Art 887 of NCC, is not the fact of his
bare filiation but a filiation
acknowledged by the putative
parent.(Baluyut vs. Baluyut)
Rights of the Children
LEGITIMATE
ILLEGITIMATE
Use of father &
mothers surname
Receive support
from parents
Entitled to the
legitime & other
successional rights
Use of mothers
surname
NOTE: However, RA
9255 amended
Article 176, FC
Receive support
according to FC
Legitime is of the
legitime of a
legitimate child
R.A. No. 9255

An Act Allowing Illegitimate
Children to use the surname of their
Father, amending for the purpose
Article 176 of EO No. 209, otherwise
known as the "FAMILY CODE OF THE
PHILIPPINES":
Approved February 24, 2004
Illegitimate children may use the
surname of their father if:
1. their filiation has been expressly
recognized by the father through the
record of birth appearing in the civil
register, or
2. when an admission in a public
document or private handwritten
instrument is made by the father
LEGITIMATION
Requisites: (NIM)
a. The child is illegitimate
b. The parents at the time of the
childs
conception
are
not
Rhodora
John Stephen
Purganan(LTD),
22
disqualified from marrying each

other
c. There is a valid marriage
subsequent to the childs birth
ADOPTION
A. Domestic Adoption Act of 1998
(R.A. NO. 8552)
Who may adopt: (LPG-CANE)
1. Filipino Citizen:
a. of legal age
b. in a position to support and care
for his/her children in keeping
with the means of the family
c. good moral character
d. in possession of full civil capacity
or legal rights
e. at least 16 years older than the
adoptee, except when:
1) adopter is the biological
parent of the adoptee
2) adopter is the spouse of the
adoptees parent
f. has not been convicted of any
crime involving moral turpitude
g. emotionally and psychologically
capable of caring for children
2. Alien:
a. same qualifications as a Filipino
b. country has diplomatic relations
with the Phil.
c. has been living in the Phil. for at
least three (3) continuous years
prior to the application for
adoption and maintains such
residence until the adoption
decree is entered, except when
1) former Filipino citizen who
seeks to adopt a relative
within the 4th degree of
consanguinity or affinity
2) one who seeks to adopt the
legitimate or illegitimate
child of his/her Filipino
spouse
3) one who is married to a
Filipino citizen and seeks to
adopt jointly with his/her
spouse a relative within the
4th degree of consanguinity
or affinity of the Filipino
spouse
d. certified to have legal capacity
to adopt by his/her diplomatic or
consular office
e. certified by said office that his
government allows the adoptee
to enter his/her country as
his/her adopted child
3. Guardian with respect to the ward

after termination of the guardianship
and clearance of his/her financial
accountabilities
Pre-Adoption Services
the DSWD shall provide

for the following services:
a. counselling services for the
biological parents, prospective
adoptive parents and prospective
adoptee
b. exhaust all efforts to locate the
biological parents, if unkown
Rule on Adoption by Spouses
GENERAL RULE: The husband and the
wife shall JOINTLY adopt.
EXCEPTIONS:
1.
one spouse seeks to
adopt the legitimate child of the
other
2.
one spouse seeks to
adopt his/her own illegitimate
child
3.
the spouses are legally
separated
Who may be adopted:
1. any person below 18 years of age
who has been voluntarily committed
to the DSWD under P.D. 603 or
judicially declared available for
adoption
2. legitimate stepchild
3. illegitimate stepchild
4. qualified adult, who, prior to the
adoption, has been consistently
considered by the adopter as his/her
own child since minority;
5. child whose adoption has been
previously rescinded
6. child whose biological or adoptive
parents have died, provided that no
proceedings shall be initiated within
6 months from the time of death of
AND

23
MEMORY AID
said parents
Consent in Adoption (BAILAS)
The WRITTEN CONSENT to the
adoption is required in the following
cases:
1. the adoptee, if 10 years of age or
over
2. biological parents or government
instrumentality
3. the legitimate/adopted children, 10
years old or over, of the adopter and
adoptee
4. the illegitimate children, 10 years
old or over, of the adopter if living
with the adopter and the latter's
spouse
5. spouse of the adopter and adoptee
Effectivity of Decree of Adoption
a decree of adoption shall be
effective as of the date the
original petition was filed. It
applies also in case the
petitioner(s) dies before the
issuance of the decree of
adoption to protect the interest
of the adoptee.
IN
CIVIL LAW
NOTE: Where the petition for adoption

was granted after the child had shot
and killed a girl, the SC did not
consider the retroactive effect to
the decree of adoption so as to
impose a liability upon the adopting
parents accruing at the time when
the adopting parents had no actual
or physical custody over the
adopted child. Retroactive effect
may perhaps be given to the
granting of the petition for adoption
where such is essential to permit
the accrual of some benefit or
advantage in favor of the adopted
child. To hold that parental
authority had been retroactively
lodged in the adopting parents so as
to burden them with liability for a
tortious act that they could not
have foreseen and which they could
have prevented would be unfair and
unconscionable. (Tamargo vs. CA
209 S 518)
Effects of Adoption: (SAL)
1. Severance of legal ties between the
biological parents and the adoptee
and the same shall be vested in the
adopters.
EXCEPTION: if the biological
parent is the spouse of the adopter
2. Adoptee shall be considered as a
legitimate child of the adopter(s) for
all intents and purposes.
3. In legal or intestate succession, the
adoptee and the adopter(s) shall
have reciprocal rights of succession
without distinction from legitimate
filiation. However, if there is a will,
the rules on testamentary succession
shall be followed.
Rescission of Adoption
Grounds: (ASAR)
1. attempt on the life of the adoptee
2. sexual assault or violence
3. abandonment and failure to comply
with parental obligations
4. repeated
physical
or
verbal
CIVIL LAW COMMITTEE

Rhodora
John Stephen
Purganan(LTD),
24
maltreatment by the adopter

NOTES:
Only the adoptee is given the right
to rescind the decree of adoption
The adopter can NOT rescind the
decree of the adoption but he or she
may disinherit the adoptee.
Effects:
a. Parental authority of adoptees
biological parents or legal
custody of DSWD shall be
restored if adoptee is still a
minor or incapacitated.
b. Reciprocal rights and obligations
of the adopter(s) and the
adoptee to each other shall be
extinguished.
c. The amended certificate of birth
of the adoptee shall be
cancelled and its original shall
be restored.
d. Succession rights shall revert to
its status prior to the adoption,
but vested rights shall not be
affected.
B. Inter-Country Adoption Act of 1995
(R.A. No. 8043)
Inter-Country Adoption
The socio-legal process of adopting a
Filipino child by a foreigner or a
Filipino citizen permanently residing
abroad where the petition is filed,
the supervised trial custody is
undertaken, and the decree of
adoption is issued outside the
Philippines.
Who may be adopted:
a. Only a legally-free child may be
the subject of inter-country adoption
NOTE: Legally-free Child - a child
who has been voluntarily or involuntarily
committed to the DSWD of the
Philippines, in accordance with the Child
Youth and Welfare Code.
b. No child shall be matched to a
foreign adoptive family unless it is
satisfactorily shown that the child
cannot be adopted locally.
Who may adopt:
1.
2.
3.
4.
5.
6.
7.
8.
9.
Any alien or Filipino citizen

permanently residing abroad may file
an application for inter-country
adoption of a Filipino child if he/she:
is at least 27 years of age and at
least 16 years older than the child
to be adopted, at the time of the
application unless the adopter is the
parent by nature of the child to be
adopted or the spouse of such
parent
if married, his/her spouse must
jointly file for the adoption
has the capacity to act and assume
all rights and responsibilities of
parental
authority
under
his
national laws, and has undergone
the appropriate counselling from an
accredited counsellor in his/her
country
has not been convicted of a crime
involving moral turpitude
is eligible to adopt under his/her
national law
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
agrees to uphold the basic rights of
the child as embodied under
Philippine
laws,
the
U.N.
Convention on the Rights of a Child,
and to abide by the rules and
regulations issued to implement the
Inter-Country Adoption Act
comes from a country with whom
the Philippines has diplomatic
relations and whose government
maintains a similarly authorized and
accredited
agency
and
that
adoption is allowed under his/her
national laws
possesses all the qualifications and
none of the disqualifications under
the Inter-Country Adoption Act and
other applicable Philippine laws
Inter-Country Adoption Board
acts as the central authority

in matters relating to inter-country
adoption.
The Board shall ensure that

all possibilities for the adoption of
the child under the Family Code
have been exhausted and that inter-
AND

25
MEMORY AID
country adoption is in the best
interest of the child.
Trial Custody:
6 months from the time of
placement
1. starts upon actual physical transfer
of the child to the applicant who, as
actual custodian, shall exercise
substitute parental authority over
the person of the child.
2. the adopting parent(s) shall submit
to the governmental agency or
authorized and accredited agency,
which shall in turn transmit a copy to
the Board, a progress report of the
childs adjustment.
NOTES:
If the pre-adoptive relationship is
found unsatisfactory by the child or
the applicant or both, or if the
foreign adoption agency finds that
the continued placement of the child
is not in the childs best interest,
said relationship shall be suspended
by the Board and the foreign
adoption agency shall arrange for the
childs temporary care.
If a satisfactory pre-adoptive
relationship is formed between the
applicant and the child, the Board
shall submit the written consent to
the adoption to the foreign adoption
agency within 30 days after receipt
of the latters request.
A copy of the final decree of
adoption of the child, including
certificate
of
citizenship/naturalization whenever
applicable, shall be transmitted by
the foreign adoption agency to the
Board within 1 month after its
issuance.
NOTE: For a comprehensive discussion of
the procedural aspects of adoption,
please refer to A.M. No. 02-06-02-SC or
the Remedial Law Memory Aid
IN
CIVIL LAW
SUPPORT
everything
indispensable
for
sustenance,
dwelling,
clothing,
medical attendance, education and
transportation in keeping with the
financial capacity of the family
Kinds: (LJC)
1. Legal that which is required or
given by law
2. Judicial required by the court to be
given whether pendente lite or in a
final judgment
3. Conventional given by agreement
Characteristics: (PIN-ERV)
1. Personal
2. Intransmissible
3. Not subject to waiver or
compensation
4. Exempt from attachment or
execution
5. Reciprocal on the part of those who
are by law bound to support each
other
6. Variable
Persons obliged to support each other:
1.
spouses
2.
legitimate
ascendants and descendants
3.
parents and their
legitimate
children
and
the
legitimate and illegitimate children
of the latter
4.
parents and their
illegitimate
children
and
the
legitimate and illegitimate children
of the latter
5.
legitimate brothers
and sisters whether full or half-blood
NOTE: Support shall be in proportion to
the resources or means of the giver and
to the necessities of the recipient.
Order of liability if several persons are
obliged to give support:
1. spouse
2. descendants in the nearest degree
CIVIL LAW COMMITTEE

Rhodora
John Stephen
Purganan(LTD),
26
3. ascendants in the nearest degree

4. brothers and sisters
NOTES:
When the obligation to give support
falls upon 2 or more persons
payment shall be divided between
them in proportion to the resources
of each, but in case of urgent need
and special circumstances, the court
may order one of them to furnish the
support provisionally subject to the
right to claim from the other obligors
the share due them
When two or more recipients at the
same time claim for support and the
obligor does not have sufficient
means to satisfy all claims:
a. the order of liability provided by
law shall be followed
b. if the concurrent obligees should
be the spouse and child subject
to parental authority, the child
shall be preferred
PARENTAL AUTHORITY (PA)
Rules as to the exercise of PA:
1. The father and the mother shall
JOINTLY exercise parental authority
over the persons of their common
children. In case of disagreement,
the fathers decision shall prevail
UNLESS there is a judicial order to
the contrary
2. If the child is illegitimate,
parental authority is with the
mother.
Parental Preference Rule
the natural parents, who are of good
character and who can reasonably
provide for the child are ordinarily
entitled to custody as against all
persons
Rule in case of legal separation of
parents:
parental authority is exercised by
the parent designated by the court.
GENERAL RULE: No child under 7 years
of age shall be separated from the
mother.
EXCEPTION: When the court finds
compelling reason to order otherwise.
NOTE: Paramount consideration in

matters of custody of a child is the
welfare and well-being of the child.
(Tonog vs. CA)
Persons Exercising Substitute PA:
1. surviving grandparent
2. oldest brother or sister over 21 years
of age unless unfit or disqualified
3. actual custodian unless unfit or
disqualified
Persons Exercising Special PA:
1. school
2. administrators and teachers
3. individual, entity or institution
engaged in child care
NOTES:
Parental authority and responsibility
are inalienable and may not be
transferred and renounced except in
cases authorized by law.
Parents may exercise parental
authority over their childs property
Kinds of Properties of a Minor
ADVENTITIOUS
PROFECTITIOUS
1. earned or acquired
by the child through
his work or industry by
onerous or gratuitous
title
2. owned by the child
1. property given by
the parents to the
child for the latter to
administer
3. child is also the

usufructuary, but the
childs use of the
property
shall
be
secondary
to
the
collective daily needs
of the family
4.
property
administered by the
parents
the
Termination of PA
PERMANENT
1. death of the
parents
2. death of the
child
3. emancipation of
the child
4. subjected child
to sexual abuse
AND
2. owned by
parents
3. parents are
usufructuary
the
4.
property
administered by the
child
TEMPORARY
1. adoption of the
child
2. appointment of a
general guardian
3.
judicial
declaration
of
abandonment
4. final judgment

27
MEMORY AID
divesting
the
parents of parental
authority
5.
judicial
declaration
of
absence or incapacity
of
the
parents exercising
parental authority
over the child
Grounds for suspension of PA (CHOBAN)

1. conviction of a crime with the
penalty of civil interdiction
2. harsh or cruel treatment against the
child
3. orders, counsel and example which
are corrupting, given by the person
exercising authority
4. begging is compelled of the child
5. acts of lasciviousness, allowed for
the child to be subjected to, or
himself subjects the child to
6. negligence, which is culpable,
committed by the person exercising
authority
FUNERALS
GENERAL GUIDELINES
1. duty and right to make
arrangement
in
funerals
in
accordance with Article 199, FC
2. the funeral shall be in keeping
with the social position of the
deceased
3. the
funeral
shall
be
in
accordance with the expressed
wishes of the deceased
a.
in the absence of the
expressed wishes, his religious
beliefs
or
affiliation
shall
determine
b.
in case of doubt, the
persons in Article 199, FC shall
decide
4. any person who disrepects the
dead or allows the same shall be
liable for damages
Grounds for Change of First Name or
Nickname under R.A. No. 9048 (An act
CIVIL LAW COMMITTEE
IN
CIVIL LAW
authorizing City or Municipal Civil

Registrar or the Consul General to
Correct a Clerical or Typographical Error
in an Entry and/or Change of First Name
or Nickname in the Civil Registrar
Without need of a Judicial Order,
Amending for this Purpose Articles 376
and 412 of the Civil Code))
1. The petitioner finds the first name
or nickname to be ridiculous, tainted
with dishonour or extremely difficult
to write or pronounce
2. 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
3. The change will avoid confusion
NOTE: Please refer to Remedial Law
Memory Aid for a comprehensive
discussion of the procedural aspects of
change of name.
ABSENCE
DECLARATION OF ABSENCE
WITHOUT
WITH
ADMINISTRATOR
ADMINISTRATOR
2 years from the
lapse of time without
news
about
the
absentee or since the
receipt of the last
news
5 years from the

lapse of time without
news
about
the
absentee or since the
receipt of the last
news
PRESUMPTION OF DEATH
ORDINARY
ABSENCE
EXTRAORDINARY/
QUALIFIED
ABSENCE
a. 7 YEARS, person
presumed dead for all
purposes except for
those
of
opening
succession
b.
10 YEARS, person
presumed dead for
purposes of opening
succession except if he
disappeared after the
age of 75, in which
For
all
purposes
including
those
of
opening succession, a
period of 4 YEARS, and
for
purposes
of
remarriage
of
the
spouse
present,
a
period of 2 YEARS, is
sufficient under the
following
circumstances:
Rhodora
John Stephen
Purganan(LTD),
28
case, a period of 5
years is sufficient
c.
4 YEARS, person
presumed dead for
purposes of remarriage
of the spouse present
a. person on board a
vessel lost during a sea
voyage or an aeroplane
which is missing; period
is counted from the
loss of the vessel or
aeroplane
b. person in the armed
forces who has taken
part in war
c. person in danger of
death
under
other
circumstances and his
existence has not been
known
AND

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San Beda College of Law

PERSONS AND FAMILY RELATIONS

GENERAL RULE: Acts which are

CIVIL LAW COMMITTEE

2005 CENTRALIZED BAR OPERATIONS

with good morals. (Cui vs. Arellano

territoriality rule governs

laws of the Philippines

4. Laws on forms and solemnities

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE

San Beda College of Law

policy shall compensate the

The SC in Pe vs. Pe, applying Art. 21

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2005 CENTRALIZED BAR OPERATIONS

persuasions and wiles of defendant, she

While a breach of promise to marry

The obligation of cohabitation of

involved herein, and the cognizance of

Power to do act with

THEORIES ON CAPACITY TO ACT

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE

San Beda College of Law

When is a Child Considered Born

to be applied only in the absence of

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2005 CENTRALIZED BAR OPERATIONS

the marriage is void ab

The is marriage voidable

Does NOT affect the

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE

San Beda College of Law

3. of a man and a woman who have

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2005 CENTRALIZED BAR OPERATIONS

Filipino husband. This, notwithstanding,

4. between the adopting parent &

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE

San Beda College of Law

Essential elements: (MAVFFCCI)

incapacity must be:

JUDICIAL OF DECLARATION OF NULLITY

For purposes of remarriage, the

In a case for concubinage, the

2005 CENTRALIZED BAR OPERATIONS

criminal case for concubinage.

Parties to the marriage should

remain valid except if the donee

DECLARATION OF PRESUMPTIVE DEATH

GENERAL RULE: A marriage contracted

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE

San Beda College of Law

may still annul the marriage within 5yrs.

2005 CENTRALIZED BAR OPERATIONS

3. incapabi- Injured party

NOTE: In Nos. 1, 2, 4, and 5, when

husband is impotent should the wife

There will be collusion only if

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE

San Beda College of Law

took effect on March 15,

this Rule shall govern

the Rules of Court has