PERSONS AND FAMILY RELATIONS REVIEWER

CIVIL CODE OF THE PHILIPPINES (R.A. 386)

Art 1. This Act shall be known as the Civil Code of the Philippines
E.O. 48 of March 20, 1947
Roxas Code Commission
Dr. George Bacobo (chairman)
January 26, 1949 (passed by Congress)
Art. 2. Laws shall take effect after 15 days following the completion of their publication in the Official
Gazette, unless it is otherwise provided. This Code shall take effect 1 year after publication.
Aug. 30, 1950 (took effect)
EO 200 (Aquino) laws to be effective must be published either in the Official Gazette or in a newspaper of general
circulation in the country. (Taada v Tuverapublication not to be in Official Gazette because of its erratic release
and limited readership)
Intended to enable people to become familiar with the statute
Must be in full
Publication is an indispensable requirement, absence of which will render the law ineffective.
unless otherwise provided (refers to 15day period, not publication
Art. 3. Ignorance of the law excuses no one from compliance therewith.
applies only to mandatory and prohibitory laws
Art. 4. Laws shall have no retroactive effect, unless the contrary is provided
Law looks to the future.
Instances when a law may be given a retroactive effect:
When the law expressly provides for retroactivity (insofar as it does not prejudice or impair vested or acquired rights
in accordance with the Civil Code or other laws)
Curative or remedial (curing defects or adding to the means of enforcing existing obligations). RULE: If the
irregularity consists in doing some act, or doing it in the mode which the legislature might have made material by an
express law, it may do so by a subsequent one.
Procedural. (to avoid possible injustice)
Penal in character and favorable to the accused. (not a habitual delinquent if w/in 10 years from date of release or
last conviction of a crime, he is found guilty of any said crimes a third time or oftener.)
Art. 5. Acts executed against the provisions of mandatory and prohibitory laws shall be void, except when
the law itself authorizes their validity.
Mandatory Laws omission of which renders the proceeding or acts to which it relates generally illegal or void.
Example: prescriptive periods
Prohibitory Laws contain positive prohibitions and are couched in the negative terms importing that the act

required shall not be done otherwise than designated. Example: NO

However, if the law expressly provides for the validity of acts committed in violation of a mandatory or prohibitory
provision of a statute, such act shall be considered valid or enforceable.
Art. 6. Rights may be waived, unless the waiver is contrary to law, public policy, morals or good customs,
or prejudicial to a third person with a right recognized by law.
Waiver intentional relinquishment of a known right; not presumed but must be clearly and convincingly shown,
either by express stipulation or acts admitting no other reasonable explanation
A right to be validly waived, must be in existence at the time of the waiver, and must be exercised by a duly
capacitated person actually possessing the right to make the waiver. (presupposes that the party has knowledge of
its rights, but chooses not to assert them)
Art. 7. Laws are repealed only by subsequent ones, and their violation or non-observance shall not be
excused by disuse, or custom, or practice to the contrary. When the courts declare a law to be inconsistent
with the Constitution, the former shall be void and the latter shall govern. Administrative or executive acts,
orders and regulations shall be valid only when they are not contrary to the laws or the Constitution.
Repeal legislative act of abrogating through a subsequent law the effects of a previous statute or portions thereof.
May be either express or implied.
Art. 8. Judicial decisions applying or interpreting the laws or the Constitution shall form part of the legal
system of the Philippines.
Judicial decisions
although in themselves not laws, assume the same authority as the statute itself.
Constitute evidence of what the law means.
legis interpretatio legis vim obtinet interpretation placed upon the written law by a competent court has the force
of law
SC decisions authoritative and precedent-setting
Inferior courts decisions and Court of Appeals merely persuasive
Apiag v Cantero (judge entered into2 nd marriage without having his first void marriage judicially declared a nullity,
not a basis for immorality) at that time, there was no need for judicial declaration of nullity
Wiegel v Sempio Dy case where the Supreme Court declared that there was a need for a declaration of nullity of
a void marriage.
Art. 9. No judge or court shall decline to render judgment by reason of the silence, obscurity or
insufficiency of the laws.
Ninguno non deue enriquecerse tortizeramente con dano de otro When the statutes are silent or ambiguous, this
is one of those fundamental principles which the courts invoke in order to arrive at a solution that would respond to
the vehement urge of conscience.
Justice Holmes Do and must legislate to fill in the gaps in the law, because the mind of the legislator, like all
human beings, is finite and therefore cannot envisage all possible cases to which the law may apply. Nor has the
human mind the infinite capacity to anticipate all situations.

Art. 10. In case of doubt in the interpretation and application of laws, it is presumed that the lawmaking
body intended right and justice to prevail.
Construction and interpretation come only after it has been demonstrated that application is impossible or
inadequate without them.
Art. 11. Customs which are contrary to law, public order or public policy shall not be countenanced.
Art. 12. A custom must be proved as a fact, according to the rules of evidence.
Custom rule of conduct formed by repetition of acts, uniformly observed (practiced) as a social rule, legally
binding and obligatory.
Juridical custom can supplement statutory law or applied in the absence of such statute.
Social custom cant supplement stat law or applied in the absence of statute.
Custom, even if proven, cannot prevail over a statutory rule or even a legal rule enunciated by the SC
Art. 13. When the law speaks of years, months, days or nights, it shall be understood that years are of 365
days each; months, of 30 days; days, of 24 hours; and nights from sunset to sunrise. If months are
designated by their name, they shall be computed by the number of days which they respectively have. In
computing a period, the first day shall be excluded, and the last day included.
If the extra day in a leap year is not a day of the year, because it is the 366 th day, then to what year does it belong?
Certainly, it must belong to the year where it falls and, therefore, the 366 days constitute one year.
Art. 14. Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn
in the Philippine territory, subject to the principles of public international law and to treaty stipulations.
Citizens and foreigners are subject to all penal laws. Will even attach regardless whether or not a foreigner is
merely sojourning in Phil territory BUT they may however be immune from suit, and therefore, cannot be criminally
prosecuted in the Philippines in certain cases where the Philippine government has waived its criminal jurisdiction
over them on the basis of the principles of public international law and treaty stipulations
1961 Vienna Convention on Diplomatic Relations provided that the person of the diplomatic agent shall be
inviolable and he shall not be liable to any form of arrest or detention. He shall enjoy immunity from criminal
jurisdiction of the receiving state.
Art. 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons
are binding upon citizens of the Philippines, even though living abroad.
Nationality Rule
Tenchavez v Escano the only absolute divorce recognized is one of the alien spouse. Filipino spouse can be said
to have committed concubinage (husband) or adultery (wife).
Art. 16. Real property as well as personal property is subject to the law of the country where it is situated.
However, intestate and testamentary successions, both with respect to the order of succession and to the
amount of successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by
the national law of the person whose succession is under consideration, whatever may be the nature of the
property and regardless of the country wherein said property may be found.
Applicability of National Law of decedent, in intestate or testamentary succession, with regard to:

Order of succession
Amount of successional rights
Intrinsic validity of the provisions of the will
Capacity to succeed
Article 17. The forms and solemnities of contracts, wills, and other public instruments shall be governed by
the laws of the country in which they are executed. When the acts referred to are executed before the
diplomatic or consular officials of the Republic of the Philippines in a foreign country, the solemnities
established by Philippine laws shall be observed in their execution. Prohibitive laws concerning persons,
their acts or property, and those which have for their object public order, public policy and good customs
shall not be rendered ineffective by laws or judgments promulgated, or by determinations or conventions
agreed upon in a foreign country.
Extrinsic validity if act is valid where it is executed, even if said act wont be valid here, will be deemed as valid,
nonetheless.
Diplomatic and consular officials are representatives of the state, therefore Philippine law should prevail if act is
executed before a diplomat, in a foreign country. (basis: by rules of international law, host country where diplomat is
assigned, waives its jurisdiction over the premises of the diplomatic office of another country located in the said
host country)
Art. 18. In matters which are governed by the Code of Commerce and special laws, their deficiency shall be
supplied by the provisions of this Code.

HUMAN RELATIONS
Art. 19. 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.
principle of abuse of rights.
Codifies the concept of what is justice and fair play so that the abuse of right by a person will be prevented.
Elements of abuse of right:
There is a legal right or duty
Which is exercised in bad faith
For the sole intent of prejudicing or injuring another
Art. 20. Every person who, contrary to law, willfully or negligently causes damage to another, shall
indemnify the latter for the same.
speaks of the general sanction for all the other provisions of law which do not especially provide their own sanction.
Art. 21. 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.
fill in the countless gaps of the statutes, which leave so many victims of moral wrongs helpless, even though they

have actually suffered material and moral injury.

Deals with acts contra bonus mores and has the following elements:
There is an act which is legal
But which is contrary to morals, good customs, public order, or public policy
And it is done with intent to injure.
*** Articles 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. Common Element: act must be intentional. However, art 20 does
not distinguish: willfully or negligently
* pari delicto in equal fault, in similar offense or crime, equal in guilt or in legal fault.
Art. 22. Every person who through an act or performance by another, or any other means, acquires or
comes into possession of something at the expense of the latter without just or legal ground, shall return
the same to him.
- prevention of unjust enrichment. No person can claim what is not validly and legally his or hers.
Art. 23. Even when an act or event causing damage to anothers property was not due to the fault or
negligence of the defendant, the latter shall be liable for indemnity if through the act or event he was
benefited.
Art. 24. In all contractual, property or other relations, when one of the parties is at a disadvantage on
account of his moral dependence, ignorance, indigence, mental weakness, tender age or other handicap,
the courts must be vigilant for his protection.
- in consonance with what is right and legal.
Art. 25. Thoughtless extravagance in expenses for pleasure or display during a period of acute public want
or emergency may be stopped by order of the courts at the instance of any government or private
charitable institution.
to prevent inconsiderate and ostentatious activities during times of emergency
specifically provides for the entities which are given legal standing to seek an injunction:
any government or
private charitable institution.
Art. 26. Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and
other persons. The ff. and similar acts, though they may not constitute a criminal offense, shall produce a
cause of action for damages, prevention and other relief:
Prying into the privacy of anothers residence
Meddling with or disturbing the private life or family relations of another
Intriguing to cause another to be alienated from his friends
Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth,
physical defect, or other personal condition.
EXPLANATION OF COMMISSION TO INCLUSION OF ART 26 (Protection of Human Dignity)
Sacredness of human personality is a concomitant of every plan for human amelioration.

The touchstone of every system of laws, of the culture and civilization of every country, is how far it dignifies man.
Art. 27. Any person suffering material or moral loss because a public servant or employee refuses or
neglects, without just cause, to perform his official duty may file an action for damages and other relief
against the latter, without prejudice to any disciplinary administrative action that may be taken.
Art. 28. Unfair competition in agricultural, commercial or industrial enterprises, or in labor, through the use
of force, intimidation, deceit, machination or any other unjust, oppressive or highhanded method shall give
rise to a right of action by the person who thereby suffers damage.
JUSTIFICATION by the 1947 Civil Code commission:
It is necessary in a system of free enterprise. Democracy becomes a veritable mockery if any person or group of
persons by any unjust or highhanded method may deprive others of a fair chance to engage in business or earn a
living.
Art. 29. When the accused in criminal prosecution is acquitted on the ground that his guilt has not been
proved beyond reasonable doubt, a civil action for damages for the same act or omission may be
instituted. Such action requires only a preponderance of evidence. Upon motion of the defendant, the court
may require the plaintiff to file a bond to answer for damages in case the complaint should be found to be
malicious. (2) If in a criminal case the judgment of acquittal is based upon reasonable doubt, the court
shall so declare. In the absence of any declaration to that effect, it may be inferred from the text of the
decision whether or not the acquittal is due to that ground.
Proof beyond Reasonable Doubt amount of proof which forms an abiding moral certainty that the accused
committed the crime charged. NOT absolute certainty, BUT such degree of proof is more exacting than what is
needed in a civil case, which is:
Preponderance of Evidence as a whole, evidence adduced by one side outweighs that of the adverse party.
Art. 30. When a separate civil action is brought to demand civil liability arising from a criminal offense, and
no criminal proceedings are instituted during the pendency of the civil case, a preponderance of evidence
shall likewise be sufficient to prove the act complained of.
- quantum of evidence still merely preponderance of evidence, even if the civil action arose from a criminal
offense
Art. 31. When the civil action is based on an obligation not arising from the act or omission complained of
as a felony, such civil action may proceed independently of the criminal proceedings and regardless of the
result of the latter.
if civil action arose not from a felony quasi-delict act or omission which causes damage to another, there being
fault or negligence, if there is no pre-existing contractual relation between the parties.
Does not provide for an independent civil action.
Culpa aquiliana (quasi delict)having had its own foundation and indivuality, separate from criminal negligence,
against quasi-delito (cupla extra-contractual) or criminal negligence
Also applies to culpa contractual- distinct from criminal action instituted based on criminal negligence. This is
governed by Civil Code, and not those of Revised Penal Code, and it being entirely separate and distinct from

criminal action, the same may be instituted and prosecuted independently of, and regardless of the result of the
latter.
Art. 32. Any public officer or employee, or any private individual, who directly or indirectly obstructs,
defeats, violates or in any manner impedes or impairs any of the following rights and liberties of another
person shall be liable to the latter for damages:
Freedom of Religion
Freedom of Speech
Freedom to write for he press or to maintain a periodical publication
Freedom from arbitrary or illegal detention
Freedom from suffrage
The right against deprivation of property without due process of law
The right to a just compensation when private property is taken for public use
The right to equal protection of the laws
The right to be secure in ones person, house, papers, and effects against unreasonable searches and seizures
The liberty of abode and of changing the same
The privacy of communication and correspondence
The right to become a member of associations or societies for purposes not contrary to law
The right to take part in a peaceable assembly to petition the government for redress of grievances
The right to be free from involuntary servitude of any form
The right of the accused against excessive bail
The right of the accused to be heard by himself and counsel, to be informed of the nature and cause of the
accusation against him, to have a speedy and public trial, to meet the witnesses face to face, and to have
compulsory process to secure the attendance of witness in his behalf.
Freedom from being compelled to be a witness against ones self, or from being forced to confess guilt, or from
being induced by a promise of immunity or reward to make such confession, except when the person confessing
becomes a state witness
Freedom from excessive fines, or cruel or unusual punishment, unless the same is imposed or inflicted in
accordance with a statute which has not been judicially declared unconstitutional and
Freedom of access to the courts
In any of the cases referred to in this article, whether or not the defendants act or omission
constitute a criminal offense, the aggrieved party has a right to commence an entirely separate and distinct
civil action for damages, and for other relief. Such civil action shall proceed independently or any criminal
prosecution (if the latter be instituted), and may be proved by a preponderance of evidence. The indemnity
shall include moral damages. Exemplary damages may also be adjudicated. The responsibility herein set
forth is not demandable from a judge unless his act or omission constitutes a violation of the Penal Code
or other penal statute.
for effective maintenance of democracy for these reasons:

in most cases, threat to freedom originates from abuses or power of government officials and peace offices, most
are left without redress because fiscal is overburdened, or cant prosecute a fellow public official (high ranking)
quantum of evidence required for a criminal action is proof beyond reasonable doubt which often prevents
appropriate punishment.
Direct and open violations of the Penal Code trampling upon the freedoms named are not so frequent as those
subtle, clever and indirect ways which do not come within the pale of the penal law. These, which are not criminally
punishable, are greatest dangers to which democracy clies.
respondeat superior principal and agent, or master and servant. No respondeat superior between superior
officers of the military and their subordinates.
May be directly or indirectly
Public accountability
Good faith is not a defense. It is enough that there was a violation of the constitutional rights of the plaintiffs and it
is not required that defendants should have acted with malice or bad faith. The wrong may be civil or criminal. To
make good faith material is to defeat the main purpose of article 32 which is that effective protection of individual
rights.
Art. 33. In cases of defamation, fraud, and physical injuries, a civil action for damages, entirely separate
and distinct from the criminal action, may be brought by the injured party. Such civil action shall proceed
independently of the criminal prosecution, and shall require only a preponderance of evidence.
RATIONALE: to allow the citizen to enforce his rights in a private action brought by him, regardless of the action of
the State attorney. In a criminal prosecution, the complainant is the State. The injured individual is the one most
concerned because it is he who has suffered directly. He should be permitted to demand reparation for the wrong
which peculiarly affects him.
Criminal Negligence, not included in the provision. The law penalizes the negligent act or careless act, but not the
result thereof.
Art. 34. When a member of a city or municipal police force refuses or fails to render aid or protection to any
person in case of danger to life or property, such peace officer shall be primarily liable for damages, and
the city or municipality shall be subsidiarily responsible therefore. The civil action herein recognized shall
be independent of any criminal proceedings and a preponderance of evidence shall suffice to support such
action.
Art. 35. When a person, claiming to be injured by a criminal offense, charges another with the same, for
which no independent civil action is granted in this Code or any special law, but the justice of peace finds
no reasonable grounds to believe that a crime has been committed, or the prosecuting attorney refuses or
fails to institute criminal proceedings, the complainant may bring a civil action for damages against the
alleged offender. Such civil action shall be supported by preponderance of evidence. On the defendants
motion, the court may require the plaintiff to file a bond to indemnify the defendant in case the complaint
should be found to be malicious. (2)If during the pendency of the civil action, an information should be
presented by the prosecuting attorney, the civil action shall be suspended until the termination of the

criminal proceedings.
Reservation of Civil Action.shall be made before the prosecution starts presenting its evidence and other
circumstances affording the offended party a reasonable opportunity to make such reservation. EXCEPT BP 22
(criminal action for violation of BP 22 shall be deemed to include the corresponding civil action. No reservation to
file such civil action separately shall be allowed.
When separate civil action is suspended. IF criminal action is filed after the said civil action has already been
instituted, the latter shall be suspended in whatever stage it may be found before judgment on the merits. The
suspension shall last until final judgment is rendered in the criminal action. BUT, nevertheless, before judgment on
the merits is rendered in the civil action, the same may, upon motion of the offended party, be consolidated with the
criminal action in the court trying the criminal action. (shall be tried and decided jointly.)
Extinction of penal action does not carry with it extinction of the civil action. However, the civil action based on delict
may be deemed extinguished if there is a finding in a final judgment in the criminal action that the act or omission
from which the civil liability may arise did not exist.
When civil action may proceed independently shall only require preponderance of evidence. (art 32,33,34 and
2176 of civil code). In no case however, may the offended party recover damages twice for the same act or
omission charged in the criminal action.
Effect of Death on Civil Actions Death of accused after arraignment will extinguish civil liability arising from the
delict. However, when civil action may proceed independently (preceding paragraph), it may continue against the
estate or legal representative of the accused after proper substitution or against said estate, or heirs to substitute
the deceased, and guardian for minor heirs.
Judgment in civil action not a bar. Absolved defendant in a civil action, is not a bar to a criminal action against
the defendant.
Art. 36. Prejudicial questions, which must be decided before any criminal prosecution may be instituted or
may proceed, shall be governed by the rules of court which the Supreme Court shall promulgate and which
shall not be in conflict with the provisions of this Code.
Precedence. The general rule is that where both a civil and criminal case arising from the same facts are filed in
court, the criminal case takes precedence. EXCEPTION: if there is a prejudicial question one that arises in a
case, the resolution of which is a logical antecedent of the issue involved therein, and the cognizance of which
pertains to another tribunal. There are always 2 cases involved, civil and criminal. The criminal case is always
suspended because the issues in the civil is determinative of the outcome of the criminal case.
Two essential elements of a prejudicial question:
The civil action involved an issue similar or intimately related to the issue raised in the criminal action
The resolution of such issue determined whether or not the criminal action may proceed.
PERSONS
Civil Personality

Art. 37. Juridical capacity, which is the fitness to be the subject of legal relations, is inherent in every
natural person, and is lost only through death. Capacity to act, which is the power to do acts with legal
effect, is acquired and may be lost.
Juridical capacity acquired upon birth of a person. *some cases, even unborn. (art 40,41, 742, 854), and
terminated only upon death.
Capacity to act is not inherent in a person.
Art. 38. Minority, insanity or imbecility, the state of being deaf-mute, prodigality and civil interdiction are
mere restrictions on the capacity to act, and do not exempt the incapacitated person from certain
obligations, as when the latter arise from his acts or from property relations, such as easements.
-restricts the capacity to act.
Art. 39. The following circumstances, among others, modify or limit capacity to act: age, insanity,
imbecility, the state of being deaf-mute, penalty, prodigality, family relations, alienage, absence, insolvency
and trusteeship. The consequences of these circumstances re governed in this Code, other codes, the
Rules of Court, and in special laws. Capacity to act is not limited on account of religious belief or political
opinion. A married woman, 21 years of age or over, is qualified for all acts of civil life, except in cases
specified by law.
broader in scope than art 38, but enumerates situations which merelu modify the capacity to act.
*** SIGNIFICANCE OF ART 38 and 39 Make an overview of the situation that qualifies a persons power to
undertake acts which can produce legal effects.
Natural Persons
Art. 40. Birth determines personality; but the conceived child shall be considered born for all purposes that
are favorable to it, provided it be born later with the conditions specified in the following article
Art. 41. For civil purposes, the foetus is considered born if it is alive at the time it is completely delivered
from the mothers womb. However, if the foetus had an intra-uterine 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.
Geluz v CA cant invoke provisional personality of a conceived child to obtain damages for and on behalf of an
aborted child considering that art 40 and 41 were not met. BUT the parents can obtain damages in their our right
against the doctor who caused the abortion on account of distress and anguish attendant to its loss and
disappointment of their parental expectation.
BIRTH CERTIFICATE best evidence of the fact of birth. Once registered with the office of the local civil registrar,
it becomes a public document. Entries are only prima facie evidence of the facts contained therein. This is strictly
confidential, and the contents cant be revealed except in the cases provided by law.*** They still maintain their
nature as public documents, because, following the proper legal procedure, they can be obtained by those
interested therein.

Non-disclosure of Birth Records: Except upon request of any of the ff:

Person himself, or any person authorized by him
His spouse, parent/s, his direct descendants, or guardian or institution legally in charge of him if he is a minor
The court or proper public official whenever needed in administrative, judicial or other official proceedings to
determine the identity of the childs parents or other circumstances surrounding his birth
In case of persons death, the nearest of kin.
Art. 42. Civil Personality is extinguished by death. The effect upon the rights and obligations of the
deceased is determined by law, by contract and by will.
Death Certificate: The office of the local civil registrar of a municipality or a city must also have in its custody the
death certificated of the persons who died in its locality.
The rights and obligations of a dead person can still be regulated by contract, will or the law.
Art. 43. If there is doubt, as between 2 or more persons who are called to succeed each other, as to which
of them died first, whoever alleges the death of one prior to the other, shall prove the same; in the absence
of proof, it is presumed that they died at the same time and there shall be no transmission of rights from
one to the other.
Proof of death must be established by positive evidence. It can never be established from mere inference arising
from another inference or from presumptions and assumptions. (Juaquin v Navarro son died before mom during
Japanese shootings)
Juridical Persons
Art. 44. The ff. are juridical persons:
The state and its political subdivisions
Other corporations, institutions and entities for public interest or purpose, created by law, their personality begins as
soon as they have been constituted according to law
Corporations, partnerships and associations for private interest or purpose to which the law grants a juridical
personality, separate and distinct from that of each shareholder, partner or member.
Art. 45. Juridical persons mentioned in Nos. 1 and 2 of the preceding article are governed by the laws
creating or organizing them. Private corporations are regulated by laws of general application on the
subject. Partnerships and associations for private interest or purpose are governed by the provisions of
this Code concerning partnerships (36 and 37a)
Art. 46. Juridical persons may acquire and possess property of all kinds, as well s incur obligations and
bring civil or criminal actions, in conformity with the laws and regulations of the organization.
Juridical Person is a being of legal existence susceptible of rights and obligations, or of being the subject of
juridical relations.
As a fundamental rule, the State cannot be sued without its consent.
Political subdivisions municipal corporations, provinces, cities and municipalities.

Municipal corporations exist in dual capacity.

They exercise the right springing from sovereignty
They exercise private, proprietary or corporate right, arising from their existence as legal persons, and not as public
agencies.
Corporations (government) are governed by BP 68, aka Corporation Code of the Philippines. (effective May 1,
1980)
Partnership 2 or more
Distinct Personality and Exceptions: Corporations, partnerships and associations for private interest and purpose
may be granted by law a juridical personality, separate and distinct from that of each shareholder, partner or
member. Example: Obligation of corp is not obligation of stockholder, and vice versa.
Art. 47. Upon the dissolution of corporations, institutions and other entities for public interest or purpose
mentioned in No. 2 of Art 44, their property and other assets shall be disposed of in pursuance of law or
the charter creating them. If nothing has been specified on this point, the property and other assets shall
be applied to similar purposes for the benefit of the region, province, city or municipality which during the
existence of the institution derived the principal benefits from the same.
Marriage
MARRIAGE is:
1. a Special Contract
2. of Permanent Union
3. Between a Man and a Woman
4. entered into in Accordance with law
5. for the Establishment of Conjugal and Family life.
6. It is the Foundation of the Family
7. and an Inviolable Social Institution
8. whose Nature, Consequences, ,and Incidents are governed by Law and not subject to Stipulation,
9. except that Marriage settlements may Fix property relations during the marriage within the Limits provided by
this Code. (Art 1, Family Code)
FC Article 1: Marriage is a special contract of permanent union between a man and a woman entered into in
accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an
inviolable social institution whose nature consequences and incidents are governed by law and not subject to
stipulation, except that marriage settlements may fix the property relations during the marriage within the limits
provided by this code.
Ordinary Contracts vs. Marriage Contracts:
-

Ordinary contracts may be entered into by any number of persons of whatever sex while marriage can be
entered into only by one man and one woman.

In ordinary contracts the agreement of the parties have the force of law between them while in marriage,
the law fixes the duties and rights of the parties.

Ordinary contracts can be terminated by mutual agreement of the parties while marriage cannot be so
terminated. Neither can it be terminated even though one of the parties subsequently becomes incapable
of performing his part.

Breach of ordinary contracts gives rise to an action for damages while breach of the obligations of a
husband or a wife does not give rise to such an action..

- The States role is to protect the family as the foundation of the nation.

ESSENTIAL REQUISITES OF MARRIAGE:

1. Legal Capacity of contracting parties who must be Male and Female;
2. Consent freely given in the presence of the solemnizing officer. (Art. 2, FC)
FORMAL REQUISITES OF MARRIAGE:
1. Authority of the solemnizing officer;
2. A valid Marriage License except in cases under Chapter 2 of this Title;
3. Marriage Ceremony (i.e. appearance of contracting parties before solemnizing officer and their personal
declaration that they take each other as husband and wife). (Art 3, FC)
ABSENCE, DEFECT, OR IRREGULARITY IN THE REQUISITES:
ABSENCE of any of the essential or formal requisites shall render the marriage VOID AB INITIO, (Art 4, par. 1)
except when it is solemnized by an unauthorized person with either or both contracting parties having good faith
that he had authority to do so (Art 35, par. 2)
A DEFECT in any of the ESSENTIAL REQUISITES shall render the marriage VOIDABLE (Art 4, par. 2).
An IRREGULARITY in the FORMAL REQUISITES shall NOT AFFECT the validity of the marriage, but the party
or parties responsible for the irregularity shall be civilly, criminally, and administratively liable (Art 4, par. 3).
A. AUTHORITY OF SOLEMNIZING OFFICERS
FC Article 7: Marriage may be solemnized by:
1. Any incumbent member of the judiciary within the courts jurisdiction;
2. Any priest, rabbi, imam or minister of any church or religious sect duly authorized by his church or religious
sect and registered with the civil registrar general, acting within the limits of the written authority granted
him by his church or religious sect and provided that at least one of the contracting parties belongs to the
solemnizing officers church or religious sect;
3. Any ship captain or airplane chief only in the cases mentioned in Article 31;
4. Any military commander of a unit to which a chaplain is assigned, in the absence of the latter, during a
military operation, likewise only in cases mentioned in Article 32;

5. Any consul-general, consul or vice-consul in the case provided in Article 10.

-

Mayors are added to the list of solemnizing officer (under the Local Government Code, not found in the
Family Code)

Without registration of the solemnizing officer with the office of the Civil Registrar the marriage is void. The
same is true if the solemnizing priest s not authorized by his church.

A resulting irregularity that will not affect the validity of the marriage is one where there is mistake of fact
and not mistake of law.

Ignorantia legis non excusat

FC Article 10: Marriages between Filipino citizens abroad may be solemnized by a consul or vice-consul of the
Republic of the Philippines. The issuance of the marriage license and the duties of the local civil registrar and of the
solemnizing officer with regard to the celebration of marriage shall be performed by the consular official.
FC Article 31: A marriage in articulo mortis* between passengers or crew members may also be solemnized by a
ship captain or by an airplane pilot not only while the ship is at sea or the plane is in flight but also during stopovers
at ports of call.
*At the point of death
FC Article 32: A military commander of a unit, who is a commissioned officer, shall likewise have authority to
solemnize marriages in articulo mortis between persons within the zone of military operation, whether members of
the armed forces or civilians.
CC Article 3: Ignorance of the law excuses no one from compliance therewith.
B. MARRIAGE LICENSE
FC Article 9: A marriage license shall be issued by the local registrar of the city or municipality where either
contracting party habitually resides, except in marriages where no license is required in accordance with chapter 2
of this Title.

A marriage license is valid for 120 days

Requirements for Marriage license application:

1. Full name of the contracting party;
2. Place of birth;
3. Age and date of birth;
4. Civil status;

5. If previously married, how, when and where the previous marriage was dissolved or annulled;
6. Present residence and citizenship;
7. Degree of relationship of the contracting parties;
8. Full name, residence and citizenship of the father;
9. Full name, residence and citizenship of the mother; and
10. Full name, residence and citizenship of the guardian or person having charge, in case the contracting party has
neither father nor mother and is under the age of twenty-one years (Art. 11, FC)
MARRIAGES EXEMPT FROM MARRIAGE LICENSE REQUIREMENT:
1. In case one or both contacting parties are at the point of death (in articulo mortis). (Art. 27)
2. If the residence of either party is so located that there is no means of transportation to enable them to
personally appear before the local civil registrar. (Art. 28)
3. Marriage in articulo mortis between passengers or crew members. [May be solemnized by the ship captain or
airplane pilot.] (Art. 31)
4. Marriage in articulo mortis between persons within the zone of military operation. [May be solemnized by the
military commander of the unit] (Art. 32)
5. Marriages among Muslims or among members of cultural communities, provided they are solemnized in
accordance with their customs, rites, or practices. (Art. 33)
6. Marriage between a man and a woman who have lived together as husband and wife for at least five years,
without legal impediment to marry each other.
C. Ceremony
FC Article 6: No prescribed form or religious rite for the solemnization of the marriage is required. It shall be
necessary however, for the contracting parties to appear personally before the solemnizing officer and declare in
the presence of not less than two witnesses of legal age that they take each other as husband and wife. This
declaration shall be contained in the marriage certificate which shall be signed by the contracting parties and their
witnesses and attested by the solemnizing officer.
In case of marriage in articulo mortis, when the party at the point of death is unable to sign the marriage
certificate, it shall be sufficient for one of the witnesses to the marriage to write the name of said party, which fat
shall be attested by the solemnizing officer.
Requisites of Marriage Ceremony:
-

For both parties to appear personally before the solemnizing officer;

That there is presence of not less than two witnesses of legal age;

That both party take each other as husband and wife

FC Article 8: The marriage shall be solemnized publicly in the chambers of the judge or in open court, in the
church, chapel or temple, or in the office of the consul-general, consul or vice-consul, as the case may be, and not
elsewhere, except in cases of marriages contracted on the point of death or in remote places in accordance with
Article 29 of this Code, or where both of the parties request the solemnizing officer in writing in which case, the
marriage may be solemnized at a house or place designated by them in a sworn statement to that effect.
- Whatever venue is chosen, it must be within the jurisdiction of the solemnizing officer.
FC Article 28: If the residence of either party is so located that there is no means of transportation to enable such
party to appear personally before the local civil registrar, the marriage may be solemnized without the necessity of
a marriage license.
-

Applicable when one of the parties is handicapped

FC Article 29: The solemnizing officer shall state in an affidavit the executed before the local civil registrar or any
other person legally authorized to administer oaths that the marriage was performed in articulo mortis or that the
residence of either party, specifying the barrio or barangay, is so located that there is no means of transportation to
enable such party to appear personally before the local civil registrar and that officer took the necessary steps to
ascertain the ages and relationship of the contracting parties and the absence of legal impediment to marriage.
FC Article22: The marriage certificate shall state:
1. Full name, sec and age;
2. Citizenship, religion and habitual residence;
3. the date and precise time of the celebration;
4. That the proper marriage license has been issued according to law;
5. That either or both of the contracting parties have secured the parental consent (if it applies);
6. That either or both of the contracting parties have complied with the legal requirement regarding parental
advice (where it applies);
7. That the parties have entered into a marriage settlement, if any, attaching a copy thereof.
FC Article 23: It is the duty of the solemnizing officer to furnish either of the contracting parties the original of the
marriage certificate and to send the duplicate and triplicate copies not later that fifteen days after the marriage, to
the local civil registrar of the place where the marriage was solemnized. Proper receipts shall be issued by the local
civil registrar to the solemnizing officer transmitting the copies of the marriage certificate. The solemnizing officer
shall retain in his file the quadruplicate copy of the marriage certificate, the original of the marriage license, and the
affidavit of the contracting party regarding the solemnization of the marriage in another place.

FC Article 24: It shall be the duty of the local civil registrar to prepare the documents required and to administer
oaths to all interested parties without any charge in both cases. The documents and affidavits filed in connection
with applications for marriage licenses shall be exempt from documentary stamp tax.
MARRIAGES CELEBRATED ABROAD (ART. 26):
General Rule: Marriages solemnized outside the RP in accordance with the law of the foreign country shall be
valid in the Philippines (lex loci celebrationis)
Exceptions:
1.

Marriage between persons below 18 years old Art. 35(1)

2.

Bigamous or polygamous marriage Art. 35(4)

3.

Mistake in identity Art. 35 (5)

4.

Marriages void under Article 53 Art. 35 (6)

5.

Psychological incapacity Art. 36

6.

Incestuous marriages Art. 37

7.

Marriage void for reasons of public policy Art. 38

If a Filipino married to a foreigner and the latter subsequently obtains a valid divorce abroad capacitating him./her
to remarry, the Filipino spouse shall likewise have the capacity to remarry under the Philippine law (Art 26(2)).

VOID MARRIAGES vs. VOIDABLE MARRIAGES

1. Nature
2. Co-validation

Void Marriage
INEXISTENT from the beginning
CANNOT be covalidated

Voidable Marriage
VALID until annulled by court
CAN be covalidated by prescription

3. Effect on property

No Community Property, only Co-

or free cohabitation
ACP exists unless another system is

ownership

instituted

Exception:
4. Legitimacy of children

void

violation of Art. 40
General
rule:

marriages
Children

in
are

ILLEGITIMATE (Art. 165)

marriage

settlement
Children
conceived

Exception: In void marriages by

through

are

LEGITIMATE

before

decree

if
of

annulment

reason of psychological incapacity

(Art.

36)

or

non-partition

of

properties in a previous marriage

(Art. 53), children are considered
5. How to impugn

LEGITIMATE.
May be attacked DIRECTLY or

Can only be attacked DIRECTLY

COLLATERALLY, except for purpose

(there must be annulment decree)

6. Prescription

of remarriage (there must be JDN)

Action or defense for nullity is

Action prescribes

7.Effect

imprescriptible
May still be impugned after death of

Can no longer be impugned after

parties

death of parties

of

death

of

parties

Void Marriages

FC Article 4: The absence of any of the essential or formal requisites shall render the marriage void ab initio,
except as stated in Article 35.
A defect in any of the essential requisites shall render the marriage voidable as provided in Article 45.
An irregularity in the formal requisites of shall not affect the validity of the marriage but the party or parties
responsible for the irregularity shall be civilly, criminally and administratively liable.
FC Article 35: The following marriages shall be void from the beginning:
1. Those contracted by any party below eighteen years of age, even with the consent of parents or guardians;
2. Those solemnized by any person not legally authorized to perform marriages unless such marriages were
contracted with either or both parties believing in good faith that the solemnizing officer had the legal
authority to do so;
3. Those solemnized without a license, except those covered by the preceding chapter;
4. Those bigamous or polygamous marriages not falling under Article 41;
5. Those contracted through mistake of one contracting party as to the identity of the other;
6. Those subsequent marriages that are void under Article 53.
-

Paragraph 5 refers to actual physical mistake in the identity of the other party. Other fraudulent
misrepresentation would not apply. The contracting party absolutely did not intend to marry the other, as
the same is not the person he or she actually knew before the marriage.

As a general rule, good faith and bad faith are immaterial in determining whether or not a marriage is null
and void.
Exception: article 35 (2) belief by any of the party of the authority of solemnizing officer
Article 41 well founded belief of the death of a previous spouse

The good faith belief should be that the solemnizing officer was one of those listed authorized to solemnize
marriage and not a belief that there are other persons authorize to do so (gets?)

FC Article 36: A marriage contracted by any party who, at the time of the celebration was psychologically
incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such
incapacity becomes manifest only after solemnization.
-Psychological incapacity to comply is different from inability to understand because the latter is a vice of consent,
without which, an essential requisite of marriage is lacking.
Reasons for adopting psychological incapacity as a ground for declaration of nullity:
-

Substitute for divorce

Solution of church-annulled marriages

To give remedy to the parties imprisoned by marriage.

Psychological incapacity vs. Vice of consent

-

a person may fully agree but may not understand the obligations of marriage.

Psychological incapacity is not a vice of consent but there is a lack of legal capacity, an essential requisite
of marriage.

Psychological Incapacity vs. Insanity

-

Insanity has varying degree;

Insanity is curable

There are lucid intervals in insanity

Insanity is a ground for annulment in other countries

Note: Psychological incapacity was not defined using examples to avoid ejusdem generis (exclusive enumeration)
which might limit the applicability of the provision. It is therefore judged according to the facts of the case.
-

Psychological incapacity should exist at the time of the marriage.

Psychological incapacity is restricted to disorders demonstrative of the utter sensitivity or inability to give
meaning and significance to the marriage.

Examples of indicators of psychological incapacity:

1. Homosexuality;
2. Satryiasis or Nymphomania;
3. Epilepsy with permanently recurring maladaptive manifestations
4. Extremely low intelligencel
5. Habitual Alcoholism;
6. Criminality

* Most grounds for legal seperation can also be considered as indicators of psychological incapacity
GUIDELINES FOR INTERPRETATION OF ARTICLE 36 (Republic v Molina):
1. The burden of proof to show the nullity of the marriage belongs to the plaintiff.
2. The root cause of the psychological incapacity must be: (a) medically or clinically identified, (b) alleged in the
complaint, (c) sufficiently proven by the experts, (d) clearly explained in the decision.
3. The incapacity must be proven to be existing at the time of the celebration of the marriage.
4. Such incapacity must also be shown to be medically or clinically permanent of incurable.
5. Such illness must be grave enough to bring about the disability of the party to assume the essential obligations
of marriage.
6. The essential marital obligations mist be those embraced by Articles 68 up to 71 of the Family Code as regards
the husband and wife as well as Articles 220, 221, and 225 of the same Code in regard to parents and their
children.
7. Interpretations given by the national Appellate Matrimonial tribunal of the Catholic Church in the Philippines,
while not controlling or decisive, should be given great respect by our courts.
The trial court must order the prosecuting attorney or fiscal and the Solicitor General to appear as counsel for the
state. No decision shall be handed down unless the Solicitor General issues a certification.
FC Article 38: The following marriages shall be void from the beginning for reasons of public policy:
1.

Between collateral blood relatives, whether legitimate or illegitimate, up to the fourth civil degree;

2.

Between step-parents and step-children;

3.

Between parents-in-law and children-in-law;

4.

Between the adopting parent and the adopted child;

5.

Between the surviving spouse of the adopting parent and the adopted child;

6.

Between the surviving spouse of the adopted child and the adopter;

7.

Between an adopted child and a legitimate child of the adopter;

8.

Between adopted children of the same adopter; and

9.

Between parties where one, with the intention to marry the other, killed that other persons spouse or his or
her own spouse.

FC Article 39: The action or defense for the declaration of absolute nullity of a marriage shall not prescribe.
However, in the case of marriages celebrated before the effectivity of this code and falling under Article 36, such
action or defense shall prescribe in ten years after this code shall have taken effect.
FC Article 40: The absolute nullity of a previous marriage may be invoked for purposes of remarriage on the basis
solely of a final judgment declaring such previous marriage void.

Article 40 states that a judicial declaration of nullity must first be obtained before any of the contracting
parties is to remarry and, in accordance with article 52, such judicial declaration of nullity must be recorded
with the local civil registrar

FC Article 41: A marriage contracted by any person during the subsistence of a previous marriage shall be null and
void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four*
consecutive years and the spouse present had a well-founded belief that the absent spouse was already dead. In
case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article
391 of the Civil Code, an absence of only two years shall be sufficient.
For the purpose of contracting the subsequent marriage under the preceding paragraph, the spouse present must
institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee,
without prejudice to the effect of reappearance of the absent spouse.
-

After the issuance of the judicial declaration, the properties of the first marriage should be liquidated before
the subsequent marriage. If there is no liquidation and the present spouse immediately remarries, the
property regime that will apply in the subsequent marriage will be the complete separation of property.

RULE ON BIGAMOUS MARRIAGE (ART. 41):

General Rule: Marriage contracted by any person during the subsistence of a previous marriage is VOID
Exception: If the first spouse has been absent for four consecutive years, or two years under extraordinary
circumstances, and the surviving spouse has a well-founded belief that the spouse is dead, and there is a
judicial declaration of presumptive death, without prejudice to the effect of the reappearance of the absent
spouse.
Exception to the exception: When both parties in the subsequent marriage acted in bad faith, the
marriage is still void (Art. 44).
Art. 42. The subsequent marriage referred to in the preceding Article shall be automatically terminated by the
recording of the affidavit of reappearance of the absent spouse, unless there is a judgment annulling the previous
marriage or declaring it void ab initio.
A sworn statement of the fact and circumstances of reappearance shall be recorded in the civil registry of the
residence of the parties to the subsequent marriage at the instance of any interested person, with due notice to the
spouses of the subsequent marriage and without prejudice to the fact of reappearance being judicially determined
in case such fact is disputed.
-

The judicial declaration of presumptive death is without prejudice to the effect of the reappearance of the
absent spouse and as such automatic termination of the subsequent marriage can be obtained by the

recording of the affidavit of reappearance of the absent spouse in the civil registry of the residence of the
parties to the subsequent marriage.
EFFECTS OF TERMINATION OF BIGAMOUS MARRIAGE (Art 43):
1. Children considered legitimate
2. Property Regime dissolved and liquidated (party in bad faith shall forfeit his/her share in favor of the common
children or children by a previous marriage, and in case there are none, to the innocent spouse)
3. Donation propter nuptias remains valid, (but if the donee contracted marriage in bad faith, donations will be
revoked)
4. Insurance benefits innocent spouse may revoke designation of guilty party as beneficiary, even if such
designation is irrevocable
5. Succession Rights Party in bad faith disqualified to inherit from innocent spouse, whether testate or intestate

If both parties of subsequent marriage acted in bad faith, any donations and testamentary dispositions made by
one party to the other by reason of marriage will be revoked by operation of law (Art. 44)
-

For purposes of computing the net profits subject to forfeiture, the said profits shall be the increase in value
between the market value of the community property at the time of the celebration of the marriage and the
market value at the time of the dissolution.

VOIDABLE MARRIAGES
MARRIAGE MAY BE ANNULLED, WHEN:
Under Art. 45:
1. One of the parties is 18 or above but below 21, and there is no parental consent.
2. Either party was of unsound mind (insanity).
3. The consent of either party was obtained through fraud (different from mistake in identity):
a. through non-disclosure of a previous conviction of a crime involving moral turpitude;
b. through concealment of the wife of the fact that she was pregnant by another man;
c. through concealment of a sexually-transmitted disease, even if not serious or incurable;
d. through concealment of drug addiction, habitual alcoholism or homosexuality/lesbianism. (Art.46)
4. The consent of either party was obtained through force, intimidation, or undue influence.
5. Either party is physically unable to consummate the marriage (impotence) (different from sterility).
6. Either party has a serious and incurable sexually-transmissible disease, even if not concealed.

Annulment and Legal Separation:

-

Annulment is caused by some circumstance existing at the time of the marriage while legal separation
arises after the celebration of the marriage;

Annulment of marriage terminates the marital bond between the parties while legal separation does not;

Annulment of marriage once final, cannot be set aside so as to restore the marital relation while legal
separation may be terminated and marital relations resumed by the reconciliation of the parties.

The presumption of the law is generally in favor of sanity and he who alleges the insanity of another has the
burden of proving it. Once general insanity is proved to exist, it is presumed to continue; and if a recovery or a
lucid interval is alleged, the burden to prove such is on the person making it.
The list of circumstances of fraud listed in article 46 in connection to article 45(3) is exclusive and no other
misrepresentation as to character rank etc. can be considered.
-

Non-disclosure presupposes a duty to reveal while concealment shows a positive act to hide the facts.

Force- There is violence when in order to wrest consent, serious or irresistible force is employed. (cc art 1335)
Intimidation- There is intimidation when one of the contracting parties is compelled by a reasonable and wellgrounded fear of an imminent and grave evil upon his person or property, or upon the person or property of his
spouse, descendants or ascendants, to give his consent. To determine the degree of intimidation, the age, sex and
condition of the person shall be borne in mind. (cc art 1335)
Undue Influence- There is undue influence when a person takes improper advantage of his power over the will of
another, depriving the latter of a reasonable freedom of choice. The following circumstances shall be considered:
the confidential, family, spiritual and other relations between the parties, or the fact that the person alleged to have
been unduly influenced was suffering from mental weakness, or was ignorant or in financial distress. (cc art 1337)
For physical incapacity, impotence or sexually transmitted disease to be a ground for annulment the following must
concur:
1. That it exists at the time of the celebration of the marriage;
2. That it continues to the time when the case for annulment is being tried;
3. That it appears to be incurable,
4. That the other contracting party is aware of it.
-

In impotence, the person cannot have sex. In sterility, the person cannot procreate.
Whoever alleges the incapacity has the burden of proving the same.
However the presumption of physical incapacity may arise if the wife remains a virgin for at least three
years from the time the spouses started cohabitating. (rule of triennial cohabitation)

GROUND FOR

WHO CAN FILE

PRESCRIPTION

HOW TO RATIFY (Art.

ANNULMENT

(Art. 47)

(Art. 47)

45)

Lack

(Art. 45)
of
parental

1. Underage party

1. 5 years after attaining

2. Parent or guardian

21.
2. Before child reaches

1. Sane spouse with no

21.
1. Any time before the

knowledge of the others

death of either party

consent

Insanity

insanity

Free cohabitation after

attaining age of 21.

Free cohabitation of

2. Legal guardian of
insane party
3. Insane party

insane party after

coming to reason

2. During lucid interval

or after regaining sanity,

Fraud

Force,

intimidation,

Injured party (defrauded

and before death

Five
years

party)

discovery of fraud

Injured party

Five

undue influence
Impotence

Healthy party

after

Free cohabitation after

having full knowledge of

after

fraud
Free cohabitation after

disappearance of force

the force has ceased or

or intimidation
Five
years

disappeared
Law does not provide

years

after

celebration of marriage

for Ratification but can

be

STD

Healthy party

Five

years

after

celebration of marriage

deemed

ratified

when action prescribes

Law does not provide
for Ratification but can
be

deemed

ratified

when action prescribes

During Pendency of Action:
1. The court shall provide for the support of the spouses,
2. The custody of the common children, giving paramount consideration to their moral and material welfare,
their choice of parent with whom they wish to remain.
3. The court shall also provide for visitation rights of other parent. (Art. 49)
*To prevent collusion between the parties, fabrication or suppression of evidence, the prosecuting attorney or fiscal
shall appear on behalf of the State. (Art. 48)

EFFECTS OF DECLARATION OF NULLITY OR ANNULMENT:

FC Article 50: The effects provided for by paragraphs 2, 3, 4, and 5 of Article 43 and Article 44 shall also apply in
the proper cases to marriages which are declared void ab initio or annulled by final judgment under Article 40 and
45.
The final judgment in such cases shall provide for the liquidation, partition and distribution of the properties of the
spouses and the custody and support of the common children, and the delivery of the presumptive legitimes,
unless such matters had been adjudicated in previous judicial proceedings.
All creditors of the spouses as well as of the absolute community or the conjugal partnership shall be notified for
the proceedings for liquidation.
In the partition, the conjugal dwelling and the log on which it is situated shall be adjudicated in accordance with the
provisions of Articles 102 and 129.
FC Article 51: In said partition, the value of the presumptive legitimes of all common children, computed as of the
date of final judgment of the trial court, shall be delivered in cash, property or sound securities, unless the parties,
by mutual agreement judicially approved, had already provided for such matters.
The children or their guardian or the trustee of their property may ask for the enforcement of the judgment.
The delivery of the presumptive legitimes herein prescribed shall in no way prejudice the ultimate successional
rights of the children accruing upon the death of either or both of the parents but the value of the properties already
received under the decree of annulment or absolute nullity shall be considered as advances on their legitimes.
FC Article 52: The judgment of annulment or of absolute nullity of the marriage, the partition and distribution of the
properties of the spouses, and the delivery of the childrens presumptive legitimes shall be recoded in the
appropriate civil registry and registries of property; otherwise, the same shall not affect the third persons.
FC Article 53: Either of the former spouses may marry again after compliance with the requirements of the
immediately preceding Article; otherwise, the subsequent marriage shall be null and void.
FC Article 54: Children conceived or born before the judgment of annulment or absolute nullity of the marriage
under Article 36 has become final and executory shall be consicered legitimate. Children conceived or born of the
subsequent marriage under Article 53 shall likewise be legitimate.
A. LEGAL SEPARATION
BED AND BOARD SEPARATION MAY BE DECREED WHEN THERE IS (Art. 55):
1. Repeated violence or grossly abusive conduct directed against petitioner, a common child, or a child of the
petitioner.

2. Physical violence or moral pressure to compel petitioner to change religious or political affiliation.
3. Attempt of respondent to corrupt or induce petitioner, a common child, or child of petitioner, to engage in
prostitution or connivance in such corruption or inducement.
4. Final judgment sentencing respondent to imprisonment of more than 6 years, even if pardoned (executive
pardon, not pardon from offended party).
5. Drug addiction or habitual alcoholism of respondent.
When it existed from the time of celebration, and concealed from petitioner, can be a ground for
annulment of marriage. When it occurred only after the marriage, it is only a ground for legal separation, whether
concealed or not.
6. Lesbianism or homosexuality of respondent.
ditto on rules on drug addiction.
7. Contracting by respondent of a subsequent bigamous marriage, whether in the Philippines of abroad.
8. Sexual infidelity or perversion.
9. Attempt on the life of petitioner by respondent.
There is no need for criminal conviction.
10. Abandonment of petitioner by respondent without justifiable cause for more than one year.
-

The violence must be repeated, to the extent that common life with defendant becomes extremely difficult
for the plaintiff.

Physical violence or moral pressure to compel the plaintiff to change religious or political affiliation need not
be repeated. There must be some element of coercion present, whether physical or moral.

The guilt for the corruption or inducement to prostitution must be on only one spouse.

The crime for which a spouse may have been convicted may have no bearing at all on the relationship of
the husband and wife.

If drug addiction, habitual alcoholism, lesbianism or homosexuality existed at the time of marriage but were
unknown to the other party, they would constitute a ground for annulment of marriage as fraud. If they
come to exist after the celebration of the marriage, they become grounds for legal separation.

Every subsequent marriage, where there is a subsisting prior marriage, should give the other spouse the
right to ask for legal separation. This is so because the spouse who has remarried has cohabited with
another person.

Under the Family Code, every act of sexual infidelity by either husband or wife is a ground for legal
separation.

Sexual perversion as a ground for legal separation includes all unusual or abnormal sexual practices which
may be offensive to the feelings or sense of decency of either husband or wife. There must also be an
element of coercion exercised by the defendant to make the plaintiff submit to the act.

The Supreme Court held that in sexual infidelity as a ground for legal separation, there is no need for prior
conviction for concubinage or adultery, because legal separation only requires a preponderance of
evidence, as opposed to proof beyond reasonable doubt required in concubinage. In fact, a civil action for
legal separation based on infidelity may proceed ahead or simultaneously with the criminal action for
concubinage,

There is abandonment when one spouse leaves the other without intent to return.

Attempt on the life must imply that there is intent to kill

GROUNDS FOR DENYING LEGAL SEPARATION (Art. 56):

1. Condonation by aggrieved party
2. Consent by aggrieved party to the commission of the offense
3. Connivance between parties in the commission of the offense
4. Mutual guilt in ground for legal separation
5. Collusion between parties to obtain decree of legal separation
6. Prescription of action for legal separation
*Other grounds for denying legal separation:
7. Death of either party during pendency of action
8. Reconciliation of parties during pendency of action (Art. 66 par.1)
-

Condonation is the forgiveness of a marital offense constituting a ground for legal separation, and bars the
right to legal separation. It may be expressed, in the sense that it is in writing or implied as inferred from the

action of the injured party.

Where a party has clear and convincing knowledge of the offense and then deliberately and willfully
cohabits or has sexual intercourse with the offender, he or she thereby impliedly pardoned the offenders

act.
Consent is agreement or conformity in advance of the commission of the act which would be a ground for

legal separation.
Connivance implies agreement, express or implied, by both spouses.

A husband who actively connives in the adultery of his wife by procuring her to be lured into the
commission of the act will very generally be presumed to have consented to the adultery and will be denied

legal separation on that ground.

A husband must not actively participate in preparations for the suspected misconduct by providing

opportunity for the wrongdoing.

Collusion is the agreement between husband and wife for one of them to commit or to appear to commit or
presented in court as having committed, a matrimonial offense, or to suppress evidence of a valid defense,

for the purpose of enabling the other to obtain legal separation.

The death of one of the parties to the action abates the action itself because action for legal separation is
purely personal hence, when one of the parties is dead, there is no longer a need for the decree. Conjugal
property are likewise not assignable or transmissible therefore, it does not warrant a continuation of the
action through substitution.

RULES ON LEGAL SEPARATION PROCEEDINGS:

1. Prescription Action prescribes in five years from occurrence of cause (Art. 57)
2. Reconciliation period Action cannot be tried before six months have elapsed since the filing of the
petition (Art. 58)
3. Attempts on reconciliation Action cannot be tried unless the court has attempted to reconcile the
spouses, and determined that despite such efforts, reconciliation is highly improbable (Art. 59)
4. Confession No decree of legal separation shall be based upon a stipulation of facts or a confession of
judgment (Art. 60, par. 1)
5. Collusion The court shall assign the prosecuting attorney or fiscal to make sure that there is no collusion
between the parties, and that evidence is not fabricated or suppressed (Art. 60, par. 2)
6. After filing the petition for legal separation, the spouses are entitled to live separately (Art. 61, par. 1).
7. Administration of Community or Conjugal Property If there is no written agreement between the
parties, the court shall designate one of them or a third person to administer the ACP or CPG. (Art. 61, par.
2)
8. Custody of children The court shall give custody of children to one of them, if there is no written
agreement between the spouses. It shall also provide for visitation rights of the other spouse. (Art. 62, cf.
Art. 49): Agreement of the spouses shall not be disturbed unless prejudicial to the children; if there is no
agreement or agreement is prejudicial to the children the Court order shall be based on the sound
discretion of the judge, taking into account the welfare of the children.
EFFECTS OF DECREE FOR LEGAL SEPARATION (ART. 63):
1. Spouses can live separately, but cannot remarry (marriage bonds are not severed).
2. The ACP of CPG shall be dissolved and liquidated, and the share of the guilty spouse shall be forfeited in
favor the common children, previous children, or innocent spouse (cf. Art. 42, par. 2).
3. Custody of the minor children shall be awarded to the innocent spouse

4. Guilty spouse shall be disqualified from inheriting from innocent spouse by intestate succession. The
provisions in favor of the guilty party in the will of the innocent spouse shall also be revoked by operation of
law.
*Other effects of legal separation:
5. Donation propter nuptias in favor of the guilty spouse may be revoked (Art. 64)
6. Innocent spouse may also revoke designation of guilty spouse as beneficiary in an insurance policy, even if
such stipulations are irrevocable (Art. 64).
7. Obligation for mutual support ceases, but the court may order the guilty spouse to support the innocent
spouse. (Art. 198)
8. The wife shall continue to use the surname of the husband even after the decree for legal separation.
RULE ON RECONCILIATION:
Should the spouses reconcile, they should file a corresponding joint manifestation under oath of such
reconciliation (Art. 65).
EFFECTS OF RECONCILIATION (ART. 66):
1. Proceedings for legal separation shall be terminated at whatever stage.
2. If there is a final decree of legal separation, it shall be set aside.
3. The separation of property and forfeiture of share of guilty spouse shall subsist, unless the spouses agree
to revive their former property regime (cf. Art. 67).
*Other effects of Reconciliation:
4. Joint custody of children is restored.
5. The right to intestate succession by guilty spouse from innocent spouse is restored.
6. The right to testamentary succession depends on the will of the innocent spouse.