San Beda Persons

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

I. NEW CIVIL CODE
took effect on August

30, 1950
(Consunji vs. CA)

Non-retroactivity of laws
Effectivity of laws
Laws
take
effect
15
days
following the completion
of its publication
Unless
otherwise provided by the
law. This refers to the 15
day period and NOT to the
requirement of
publication.
Tuvera)
(Tanada
vs.
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
Angeles)
Corp.
Ignorance of the
excuses no one
considered
CONCLUSIVE
presumption
applies
only
mandatory
prohibitory laws.
Laws
have
no
retroactive effect.
(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 1. Ex post facto
laws
2. Laws that impair
obligation
of
contracts
Acts Contrary To Law
vs.
law
a
and
to
and
Acts
which are contrary to
mandatory or prohibitory
laws are void.
1. When
the
law itself
authorized
its
validity
(ex. lotto, sweepstakes)
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)
14
2005C
ENTRALIZED
B AR O PERATIONS
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
Rights can be waived.

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 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
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
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 IN
CIVIL LAW
4. Laws on forms and
solemnities
lex
loci
celebrationis
applies
Rules on Personal Law
DOMICILIARY
RULE
Basis
for
determining
personal law of an
individual is his
domicile
LEX
NATIONA
LII
NATIONALITY
RULE
3.
basis
determining
personal law of an
individual is his
citizenship
4.
LEX REI
SITAE
Art.
Art. 16, CC
15, CC
Citizenshi
p is the
basis for
determini
ng the
personal
law
applicable
Law of the
place where
the property
is situated is
the basis for
determinin g
law
applicable
Covers
family
rights &
duties,
status,
condition
& legal
capacity
Exception
:
Art. 26,
par. 2 of
Family
Code
Covers both
real &
personal
property
Exceptions:
(CIAO)
1. Capacity
to succeed 2.
Intrinsic
validity of
the will
Amount of
successiona l
rights
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
LEX LOCI
Renvoi Doctrine
CELEBRATIO
Where the conflict rules of
NIS
Art. 17, CCthe forum refer to a
foreign law, and the latter
refers it back to the
Law of theinternal law, the latter
(law of the forum) shall
place where
apply.
the contract
NOTE:
If the foreign law
was executed
refers
it
to a third country,
is the basis
the said countrys laws
for
shall
govern,
and
is
determining
law
referred
to
as
the
applicabletransmission theory.
Covers only
of Processual
the forms Doctrine
&
Presumption
solemnities
(extrinsic
The foreign law, whenever
validity) 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
Prohibitive
concerning
their acts
and laws which
laws
persons,
or property
have for
CIVIL LAW COMMITTEE

Dorothy Gayon
2005C
14
ENTRALIZED
B AR O PERATIONS
their object public order,

public policy or good
customs are not rendered
ineffective
by
laws,
judgments promulgated or
conventions agreed upon in
foreign country.
abusive
manner
in
dismissing an employee,
as well as for the
inhuman treatment the
latter got from them.
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
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
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

CHAIRPERSONS
Ethics)

5
MEMORY AID IN
CIVIL LAW
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.
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.
(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
persuasions
and
wiles of defendant, she
would not have again
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
CIVIL LAW COMMITTEE

Dorothy Gayon
14
2005C
ENTRALIZED
B AR O PERATIONS
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
If both
criminal and civil cases are
filed in court, the criminal
case takes precedence.
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
THEORIES
TO ACT
ON
Active
Merely acquired
Lost through death
and other causes
Cannot exist without
juridical capacity
Can be restricted,
modified or limited
CAPACITY
THEORY OF
GENERAL
CAPACITIES
THEORY OF
SPECIAL
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
Birth determines
personality.
The
law
considers the conceived
child as born for all
purposes favorable to it if
born alive. Therefore, the

CHAIRPERSONS
Ethics)

7
MEMORY AID IN
CIVIL LAW
child has a presumed
personality, which has two
characteristics:
1. limited; and
2. provisional/conditional
(Quimiguing
Icao)
vs.
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)
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 to be applied only
in the absence of facts.
Juridical persons
a. State
When
is
a
Considered Born
Child
For civil
purposes, the fetus is
considered born if it is
alive at the time it is
completely delivered from
the mothers womb.
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
and
its
political
subdivisions
b. Corporations, institutions
and entities for public
purpose or interest
c. Corporations, partnership
and
associations
for
private interest
EATED: 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
CIVIL LAW COMMITTEE

Dorothy Gayon
14
2005C
ENTRALIZED
B AR O PERATIONS
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
DOMICILE
RESIDENCE
Used to indicate a
PLACE OF ABODE,
whether
permanent or
temporary
There can be
several places of
residence
b. Intention
to
permanently
manendi)
remain
(animus
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
AND
contracting parties, who
must be a male and a
DOMICILEfemale
denotes a FIXED
2. Consent freely given in the
PERMANENT
presence of a solemnizing
RESIDENCE, which
officer
when absent, one

has the intention of
Formal requisites: (ALM)
returning
1. A
uthority
of
the
There can only
be
ONE place of solemnizing officer
domicile 2. Valid Marriage License
Elements of Domicile
a. Physical presence in
fixed place
3. Marriage ceremony where

the contracting parties
appear before
the
solemnizing
officer,
with
their

CHAIRPERSONS
Ethics)

9
MEMORY AID IN
CIVIL LAW
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
1.
2.
3.
4.
5.
6.
Persons Authorized To
Solemnize
Marriages:
(PMJCCC)
priests,
rabbis,
and
ministers of any church
municipal and city mayors
members of the judiciary
ship captains or air plane
chiefs
commanders of military
unit, in the absence of
chaplain
consul generals, consuls or
viceconsuls
Authorized
Marriage
Venues
Of
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
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
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 5year 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 5year period should be the
years immediately before
the day of the marriage
and it should be a period
of
cohabitation
characterized
by
CIVIL LAW COMMITTEE

Dorothy Gayon
2005C
14
ENTRALIZED
B AR O PERATIONS
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).
a.
b.
c.
d.
e.
4.
5.
NOTE: In the case of

Manzano vs. Sanchez
(G.R. No. MTJ-001329, March 08, 2001),
the Supreme Court laid
down the requisites to
avail the exemption
under Article 34 of the
Family Code:
The man and woman must
have been living together
as husband and wife for at
least five years before the
marriage;
The parties must have no
legal impediment to marry
each
other;
The fact of absence of
legal impediment between
the parties must be
present at the time of
marriage;
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
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 articulo mortis
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:
1.
2.
3.
4.
5.
6.
7.
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.
Foreign
marriages shall not be
recognized
in
the
Philippines if prohibited
because: (MABB-PIP)
contracted by a national
who is below 18 years of
age
bigamous or polygamous
(except as provided for in
Art. 41, FC)
contracted
through
mistake of one party as to
the identity of the other
contracted following the
annulment or declaration
of nullity of a previous
marriage
but
before
partition
void
due
to
psychological
incapacity
incestuous
void for reasons of public
policy
Validity of divorce:
A
divorce validly obtained
abroad
by
the
alien
spouse,
capacitating
him/her to remarry can
allow the Filipino to
remarry.

CHAIRPERSONS
Ethics)

11
MEMORY AID IN
CIVIL LAW
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
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
Those contrary to
public policy (Article
38): (SCAPS-SAKA)
between collateral blood
relatives
whether
legitimate or illegitimate
up to the 4th civil degree
between
stepparents
&
step children
between parents-in-law &
childrenin-law
between
the
adopting
parent & the adopted child
between
the
surviving
spouse of the adopting
parent & the adopted child
C.
1.
2.
3.
4.
5.
CIVIL LAW COMMITTEE

Dorothy Gayon
2005C
14
ENTRALIZED
B AR O PERATIONS
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.
a.
b.
c.
d.
e.
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.
NOTE: Under the FC, the

following can now marry
each other:
Brother-in-law and sisterin-law;
Stepbrother and stepsister;
Guardian and ward;
Adopted and illegitimate
child of the adopter;
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
VOID
Decree of nullity
Never be ratified
Attacked directly or
collaterally
Co-ownership
Always void
Action for
declaration of
nullity does not
prescribe
VOIDABLE
Decree
of
annulment
Ratified by
free
cohabitation
Attacked
directly only
Conjugal
Partnership
Valid until annulled
Action prescribes
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)

CHAIRPERSONS
Ethics)

13
MEMORY AID IN
CIVIL LAW
a.
b.
c.
d.
e.
f.
g.
h.
Essential
elements:
(MAVFFCCI)
Mental condition
Applies to a person who is
maritally contracted to
another
Marriage
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.
(Republic vs. Molina)

1. burden of proof belongs to
the plaintiff
2. root
cause
of
the
psychological
incapacity
must be:
a. medically
or
clinically
identified
b. alleged in the complaint
c. sufficiently
proven
by
experts
d. explained in the decision
3. incapacity must be existing
at the time of the
celebration of marriage
4. incapacity
must
be
permanent or incurable
5. illness is grave enough to
bring about disability to
assume marital
obligations
CIVIL LAW COMMITTEE
6. marital obligations refer to

Art. 6871 of FC as well as
Art. 220,221 and 225 of
the FC
7. interpretations
of
the
National
Appellate
Matrimonial Tribunal of the
Catholic Church of the
Philippines
while
not
controlling should be given
great respect. 8. 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
Dorothy Gayon
14
2005C
ENTRALIZED
B AR O PERATIONS
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
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)
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
1.
2.
a.
b.
c.
3.
BIGAMOUS MARRIAGES
A
marriage contracted by
any person during the
subsistence of a previous
valid marriage shall be null
and
void.(Gomez
vs.
Lipana)
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
4.
5.
EFFECTS
OF
TERMINATION OF
SUBSEQUENT MARRIAGE:
(ICADI)
Children of the subsequent
marriage conceived prior
to its termination shall be
considered legitimate;
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:
in favor of the common
children;
if none, in favor of the
children of the guilty
spouse
by
previous
marriage; or
in default of children, in
favor of the innocent
spouse;
Donations by reason of the
marriage
remain
valid
except if the donee
contracted the marriage in
bad
faith;
The innocent spouse may
revoke the designation of
the spouse in bad faith as
the beneficiary in any
insurance policy; and
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

CHAIRPERSONS
Ethics)

15
MEMORY AID IN
CIVIL LAW
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.
1.
2.
3.
4.
DECLARATION
OF
PRESUMPTIVE DEATH
Requisites: (MR-BF)
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
The
present
spouse wishes to
remarry;
The present spouse has
well-founded belief that
the absentee is Dead;
The present spouse files a
summary proceeding for
the
declaration
of
presumptive death.
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)
Effect of Reappearance of
Absent Spouse:
The
subsequent
bigamous
marriage under Article 41
remains
valid
despite
reappearance
of
the
absentee spouse.
If the
reappearance was made in
a sworn statement
recorded in the
civil
registry,
the
subsequent marriage is
automatically
terminated.
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
CIVIL LAW COMMITTEE

Dorothy Gayon
2005C
14
2.
3.
4.
5.
6.
ENTRALIZED
B AR O PERATIONS
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;
Unsound mind of either
party
Fraudulent
means
of
obtaining consent of either
party
Vitiated consent of either
party
through
force,
intimidation
or
undue
influence
Physical incapability of
either
party
to
consummate the marriage
with the other, and such
incapacity continues and
appears to be
incurable
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
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
intimidatio
n
, 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

CHAIRPERSONS
Ethics)

17
MEMORY AID IN
CIVIL LAW
3.
Injured party
incapabilit
y to
consummat
e
w/in
after the
Requisites for annulment
celebration
dueofto
Impotence
under
Art.45(5) (CUPIN)
a. Impotence exists at the
4. Insanity (a)
sane(a) anytime time of the
before
the
spouse who
celebration
of
the
death of
has
no
marriage
knowledge of either party
b. The
impotence
is
the insanity(b) anytime
the
(b) relatives, before permanent
of
guardians or death
c. party
incurable
either
persons
d. The
(c)
during
lucidimpotence is unknown
having
to the
interval
or other spouse
legal
after
e.
The
other spouse must not
charge of the
regainingalso be
insane
(c)
insane sanity
impotent
marriage
spouse
5. Nonconsent
6. STD
of
Triennial
(a)
paren
(a) anytime Doctrine
before the
t/
Cohabitation
no consent
legal
presumption that the
party reaches
guardian
husband is impotent
21
having
should the wife still
(b) w/in 5 years
charge
of
remain a virgin after 3
after
the
noconsent reaching 21 years of living together
party
with her husband.
(b)
no
consent
Requisites for annulment
party
due to
Injured party w/in
Disease
under
Article
after the
45(6)
(ICSIIF)
celebration of
1. Either party is inflicted

with
a
sexually
transmissible disease
(STD)
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.
1.
ADDITIONAL
REQUIREMENTS
FOR
ANNULMENT
OR
DECLARATION
OF
NULLITY
Prosecuting
attorney
or
fiscal
should:
CIVIL LAW COMMITTEE

Dorothy Gayon
2005C
14
ENTRALIZED
B AR O PERATIONS
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.
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)
RULE ON DECLARATION OF
ABSOLUTE NULLITY OF
VOID MARRIAGES AND
ANNULMENT OF VOIDABLE
MARRIAGES
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.
1.
2.
(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)
repeated physical violence
or grossly abusive conduct
directed
against
the
petitioner,
a
common
child, or a child of the
petitioner
attempt of the respondent
to corrupt or induce the
petitioner,
a
common
child, or a child of the

CHAIRPERSONS
Ethics)

19
MEMORY AID IN
CIVIL LAW
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
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
separation is
legal
EXCLUSIVE. (Lacson vs.

San JoseLacson)
a.
b.
c.
d.
e.
f.
g.
Grounds for denial of

petition:
(CCCC-MP-DR)
Condonation -NOTE: failure
of the husband to look for
his adulterous wife is NOT
condonation
to
wife's
adultery. (Ocampo
vs.
Florenciano)
Consent
Connivance
Collusion
Mutual Guilt
Prescription
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.
CIVIL LAW COMMITTEE

Dorothy Gayon
14
2005C
ENTRALIZED
B AR O PERATIONS

CHAIRPERSONS
Ethics)
21
MEMORY AID IN
CIVIL LAW
a.
b.
c.
d.
e.
Effects of decree of legal separation:

The spouses shall be entitled to live
separately from each other but the
marriage bond is not severed.
The absolute community or conjugal
partnership shall be dissolved and
liquidated.
The custody of the minor children shall
be awarded to the innocent spouse
subject to the provisions of Art. 213 of
the Code.
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.
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
1.
2.
3.
4.
5.
6.
(JL-FORM)
live together
observe mutual love, respect & fidelity
render mutual help & support
fix the family domicile
joint responsibility for the support of the
family
management of the household
Exercise of Profession
Husband & wife
can engage in any lawful enterprise or
profession without the consent of the
other.
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:
made before celebration of marriage
in writing (even modifications)
signed by the parties
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
1.
2.
3.
4.
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
E Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.

SIVIL
UBJECT
HEADS
: Christopher
C
LAW
COMMITTE
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),
Code)
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
2. in consideration of marriage
3. 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 donors except that
present property
donor shall
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
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
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.
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.
Rule on Donation Between Spouses

During Marriage
VOID, either direct or
indirect donation
Administration of
the
community property
It shall belong to both
spouses jointly.
1. moderate gifts on occasions of family

celebrations
2. donations mortis causa
NOTE: This rule also applies to commonlaw spouses. (Article 87, Family
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
23
MEMORY AID IN
CIVIL LAW
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
Rule on Game of Chance

LOSS: Shall be borne by the loserspouse
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
1.
2.
3.
4.
Exclusive Property Of Each Spouse:

(OGRE)
that which is brought to the marriage as
his/her own
acquired during the marriage by
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
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
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 buyerspouse
b. If full ownership was vested during the
marriage - it shall belong to the conjugal
partnership
1.
2.
a.
b.
c.
3.
4.
5.
6.
7.
8.
Charges Upon and Obligations Of AC and

CP:
Support for family except for illegitimate
children of either spouse;
Debts and obligations which must have
been contracted:
by administrator-spouse for the
benefit of the family;
by both spouses; or
by one spouse with the consent of the
other;
Debts and obligations without marital
consent provided the family was
benefited;
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.
All taxes and expenses for mere
preservation made during the marriage
upon the exclusive property of either
spouse used by the family;
Expenses
for
education
or
selfimprovement of either spouse;
Ante-nuptial debts of either spouse
insofar as they have redounded to the
benefit of the family;
The value of what is donated or promised
by both spouses in favor of their common
legitimate children for education or selfimprovement; 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,
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)
1.
2.
3.
4.
Grounds For Termination Of Absolute

Community And Conjugal Partnership:
(LADS)
decree of legal separation
annulment or declaration of nullity of
marriage
death of either spouses
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;

Salaries &
Wages
Owned in
equal shares
Property
Belongs to
c. petitioners spouse has

been judicially
such party
Acquired
declared an absentee;Exclusively provided there
isspouse
proof that
d. abandonment by the by
petitioners
Either
he/she
and failure to comply
with the
Party
acquired it by
obligations to the family;
exclusive funds
e. spouse granted power of administration
in marriage
Property
Governed by
settlement abusedAcquired
such power;
andrules on
by the
f. at the time of the petition,
spouses
are
Both Parties coownership
separated in fact for at least 1 year and
the possibility for reconciliation is highly
improbable.
NOTE: The spouses Presumption
contribute to
the
Presumption
of joint
(prima
family expenses proportionately
with
facie)
their income and the
value of acquisition
their
andthe
equal
properties. However, the liability of
sharing
spouses to the creditors for family as to
property
expenses is solidary.
acquired
PROPERTY
REGIME
OF
UNIONS
while they
WITHOUT MARRIAGE
live
Art. 147 Art. 148 together.
Applicabilit 1. Without
1. With legal
y
impediment to
legal
impedimen marry
t to marry2. Adulterous
relationships 3.
2. Void
Bigamous or
marriages
polygamous
due to
Forfeiture When only
absence of marriages 4.one of the
Incestuous parties is in
formal
good faith,
requisite
the share of
the party in
NOTE: Under Art. 148, onlybadthe
faith in
properties acquired by both ofthethe
parties through their actual coownership
joint
shallor
be
contribution of money, property
forfeited:
industry shall be owned by them in
a. in favor of
proportion
to
their
respective
their
contributions. It must be stressedcommon
that
actual contribution is required bychildren;
this or
provision, in contrast to Art. 147
b. inwhich
default of
state that efforts in the careor and
in case
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 co-ownership and no
void marriages
under Art. 37
5. Void
marriages by
reason of
public policy
under Art. 38
Separately
owned by the
parties
Belongs to
such party
of waiver by bad faith is

25
any or all of
not validly
the common married to
children or
another or if
their
both
MEMORY A
ID parties
IN
descendants, are in bad
IVILofLAWfaith, such
inC
favor
the innocent share shall
party.
be forfeited
in the
manner
provided in
the last
paragraph of
Article 147.
Owned by
them in
common in
proportion to
their
respective
contributions
No
presumption
of joint
acquisition.
When there is
evidence of
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
presumption of equal shares. (Agapay

vs. Palang). Hence, mere cohabitation
Rhodora
without proof of contribution will not

result in a co-ownership. (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
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
1.
2.
3.
4.
The family home is

exempt from execution, forced sale or
attachment.
(PLMN)
debts incurred
prior to
constitution
debts due to laborers, mechanics,
architects, builders, material men and
others who have rendered service or
furnished materials for the construction
of the building
debts secured by mortgages
non-payment of taxes
Legitimate Children
Only those who are
conceived or born during a valid
marriage
1.
2.
3.
Guidelines:
1.
2.
3.
4.
5.
6.
deemed
constituted from time of actual
occupation as a family residence
must be owned by person constituting it
must be permanent
rule applies to valid and voidable and
even to common-law spouses under
Articles 147 and 148
continues despite death of one or more
spouses or unmarried head of the family
for 10 years, or as long as a minor
beneficiary lives
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
4.
5.
6.
7.
(CAVALAC)
Those children who are
Conceived as a result of artificial
insemination
Born of a voidable marriage before
decree of annulment
Conceived or born before judgment of
annulment or absolute nullity under Art.
36
has become final & executory
Conceived or born of subsequent
marriage under Art. 53
Of mothers who may have declared
against its legitimacy or was sentenced
as an adultress
Legally adopted
Legitimated, conceived and born outside
of
wedlock
of
parents
without
impediment at the time of conception
and had
subsequently married
Illegitimate Children
born outside
illegitimate.
Those conceived and

valid marriage are
Children who
are:
1. born of marriages which are void ab
initio such as bigamous and incestuous
marriages and marriage was declared
void for being contrary to law and public
policy
27
MEMORY AID IN
CIVIL LAW
2. of voidable marriages born after the
decree of annulment
1.
a.
b.
c.
2.
3.
Rules on Impugning Legitimacy

A. Grounds (PBA)
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:
physical
incapacity
of
the husband;
husband and the wife were living
separately; or
serious illness of the husband which
absolutely prevented
sexual intercourse
biological or scientific proof that the
child could not have been that of the
husband; and
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
1.
2.
3.
4.
5.
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
1.
2.
C. Parties
Only the husband may
impugn
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)
first marriage terminated
mother contracted
subsequent
marriage
subsequent marriage was contracted
within 300 days after termination of
previous marriage
child was born
no evidence as to status of child
1.
2.
: Filiation of legitimate
(or illegitimate) children is established
by any of the following:
The record of birth appearing in the civil
registrar or a final judgment
An
admission
of
legitimate
(or
illegitimate) filiation in a public
document or a private handwritten
instrument and signed by the parent
concerned.
: In the absence of any of
the foregoing evidence, such legitimate
or illegitimate filiation shall be proved
by:
Open and continuous possession of the
status of a legitimate or illegitimate
child;
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
Rhodora
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 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)
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
Use of father &
mothers surname
Use of mothers
surname
NOTE: However, RA
9255 amended
Article 176, FC
Receive support from Receive support
parents
according to FC
Entitled to the
Legitime is of the
legitime & other
legitime of a
successional rights
legitimate child
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.
(Fernandez vs. CA) Proof of filiation
ILLEGITIMATE
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 disqualified from
marrying each other
c. There is a valid marriage subsequent
to the childs birth
29
MEMORY AID IN
CIVIL LAW
ADOPTION
A. Domestic Adoption Act of 1998
(R.A. NO. 8552)
a.
b.
c.
d.
e.
1)
2)
f.
g.
a.
b.
c.
1)
2)
3)
d.
Who may adopt: (LPG-CANE) 1.

Filipino Citizen:
of legal age
in a position to support and care for
his/her children in keeping with the
means of the family
good moral character
in possession of full civil capacity or legal
rights
at least 16 years older than the adoptee,
except when:
adopter is the biological parent of the
adoptee
adopter is the spouse of the adoptees
parent
has not been convicted of any crime
involving moral turpitude
emotionally and psychologically
capable of caring for children
2. Alien:
same qualifications as a Filipino
country has diplomatic relations with the
Phil.
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
former Filipino citizen who seeks to
adopt a relative within the 4th degree of
consanguinity or affinity
one who seeks to adopt the legitimate or
illegitimate child of his/her Filipino
spouse
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
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
The husband and the
wife shall JOINTLY adopt.
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
said parents
Rhodora
Consent in Adoption (BAILAS)

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.
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.
1.
2.
3.
4.
Rescission of Adoption
Grounds: (ASAR)
attempt on the life of the adoptee
sexual assault or violence
abandonment and failure to comply with
parental obligations
repeated
physical
or
verbal
maltreatment by the adopter
NOTES:
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.
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.
a.
b.
c.
d.
Effects:
Parental authority of adoptees biological
parents or legal custody of DSWD shall be
restored if adoptee is still a minor or
incapacitated.
Reciprocal rights and obligations of the
adopter(s) and the adoptee to each other
shall be extinguished.
The amended certificate of birth of the
adoptee shall be cancelled and its
original shall be restored.
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
31
MEMORY AID IN
CIVIL LAW
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.
7.
8.
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.
1.
2.
3.
4.
5.
6.
Who may adopt:

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
9.
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 InterCountry 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
intercountry
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
Rhodora
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.
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
A copy of the final decree of adoption of
NOTE: Support shall be in proportion to

the resources or means of the giver and
to the necessities of the recipient.
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
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
1.
2.
3.
4.
Order of liability if several persons are

obliged to give support:
spouse
descendants in the nearest degree
ascendants in the nearest degree
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
33
MEMORY AID IN
CIVIL LAW
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.
LE: No child under 7 years
of age shall be separated from the
mother.
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
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
Termination of PA
PERMANENT
1.
death of the
parents
2.
death of the
child
3.
emancipatio
n of the child
4.
subjected
child to sexual abuse
1. property given by the

parents to the child for
the latter to administer
2. owned by
the
parents
3. parents are the
usufructuary
4.
property
administered by the
child
TEMPORARY
1.
adoption of
the child
2.
appointme
nt of a general
guardian
3.
judicial
declaration
of
abandonment
4.
final
judgment
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
Rhodora
6. negligence,
which
is
culpable,
committed by the person exercising
authority
FUNERALS
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
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
ADMINISTRATOR
WITH
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
35
MEMORY AID IN
CIVIL LAW
a.
b.
ORDINARY
ABSENCE
EXTRAORDINARY/
QUALIFIED
ABSENCE
7
YEARS,
person
presumed dead for all
purposes except for
those
of
opening
succession
10
YEARS,
person
presumed dead for
purposes of opening
succession except if he
disappeared after the
age of 75, in which
case, a period of 5 a.
years is sufficient
4
YEARS,
person
presumed dead for
purposes of remarriage
of the spouse present
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:
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
person in the armed
forces who has taken
part in war
person in danger of
death under
other
circumstances and his
existence has not been
known
b.
c.
Rhodora

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San Beda College of Law

PERSONS AND FAMILY RELATIONS

took effect on August

(Consunji vs. CA)

NOTE: Administrative rules

CIVIL LAW COMMITTEE

2. When the law makes the

Rights can be waived.

inconsistent with sound

territoriality rule governs

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

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proved by the proponent

CIVIL LAW COMMITTEE

their object public order,

Art. 26, par.

NOTE: Art. 21 deals with

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

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yielded to his embraces,

(Albenson Ent. Corp. vs.

The SC in Pe vs. Pe,

While a breach of promise

CIVIL LAW COMMITTEE

husband would certainly

Power to do act with

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

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The presumption as to the

The concept of provisional

died at the same

CIVIL LAW COMMITTEE

Essential requisites: (LC)

when absent, one

3. Marriage ceremony where

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

San Beda College of Law

CIVIL LAW COMMITTEE

NOTE: In the case of

from date of issue, in any

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

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CIVIL LAW COMMITTEE

absolute nullity of the

NOTE: Under the FC, the

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

San Beda College of Law

(Republic vs. Molina)

6. marital obligations refer to

other than proof of a final

two years where there was

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

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When he arrived in San

CIVIL LAW COMMITTEE

marriage was solemnized

final judgment of the

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

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1. Either party is inflicted

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

CIVIL LAW COMMITTEE

a. Take steps to prevent