PERSONS AND FAMILY RELATIONS

Napoles notes adapted from Rabuya

otherwise provided. (As amended by E.O. No.

200)

CIVIL CODE OF THE PHILIPPINES

IMPORTANT NOTES IN ART 2

CHAPTER 1
Effect and Application of Laws

A.

ART 1: Civil code of the Philippines

Art. 1. This Act shall be known as the Civil Code
of the Philippines. (n)

IMPORTANT NOTES IN ART 1

A.

B.

C.
(1)
(2)
(3)
(4)
(5)
(6)
D.

Code defined
code - is a collection of laws of the
same kind; a body of legal provisions
referring to a particular branch of law
civil code - is a collection of laws
which regulate the private relations of the
members of civil society, determining their
respective rights and obligations, with
reference to persons, things and civil acts
History of civil code
first civil code in force in the
Philippines was the Civil Code of Spain of
1889
became effective on December 7,
1889
not all our civil laws, however, are to
be found in the Civil Code of the
Philippines
several civil laws are scattered in the
various special laws promulgated by the
legislature.
Sources of civil code
the Spanish Civil Code of 1889
the
codes,
laws,
and
judicial
decisions, as well as the work of jurists of
other countries
doctrines laid down by the Supreme
Court of the Philippines
Filipino customs and traditions
Philippine statutes
the Code Commission itself

Physical
or
mechanical
composition

consists of 2,270 articles

divided into four books

ARTICLE 2: Effectivity of laws

Art. 2. Laws shall take effect after fifteen days
following the completion of their publication
either in the Official Gazette, or in a newspaper of
general circulation in the Philippines, unless it is

General Rule
a law may provide for its own
effectivity
if the law is silent as to its own
effectivity then it shall take effect only
AFTER 15 days following its complete
publication
[Ang batas pwede nila sabihin kung kelan
sila magtatake effect pero kung walang
nakalagay edi magtatake effect lang yun
after 15 days pag nacomplete na ang
publication nito]

B.

C.

Computation of the 15-day period

15-day period may either be on the
15th day or on the 16th day depending on
the language used by Congress in fixing
the effectivity date of the statute
15th Day: If the law declares that it
shall become effec- tive 15 days after its
publication, it means that its effectivity is
on the 15th day after such publication
16th Day: If the law declares that it
shall be effective af- ter 15 days following
its publication, its effectivity is on the
16th day thereafter
Publication requirement
when the law does not provide for its
own effectivity then it must be published
because the date of publication is material
in determining the laws effectivity
Civil Code does not preclude the
requirement of publication in the Official
Gazette even if the law itself provides for
the date of its effectivity since the clear
object of the law is to give the general
public adequate notice of the various laws
which are to regulate their actions and
conduct as citizens. Without such notice
and publication, there would be no basis
for the application of the maxim
ignorantia legis non excusat.
publication of laws may now either
be in the Official Gazette or in a
newspaper of general circulation in the
Philippines
publication must be in full or it is no
publication at all since its purpose is to
inform the public of the contents of the
laws

yung officer ay ginawa ang mga kailangan para

masiguro yung edad nila, relationship ng mag
papakasal at walang legal impediments]
CHAPTER 2
Marriages Exempted From Marriage Requirement
ARTICLE 27: Marriage at point of death
Art. 27. In case either or both of the contracting
parties are at the point of death, the marriage
may be solemnized without necessity of a
marriage license and shall remain valid even if
the ailing party subsequently survives. (72a)
[Kung daw isa o parehas sa mga magpapakasal
ay mamamatay na, okay lang masolemnize and
marriage kahit walang marriage license at kung
mabuhay man sila valid ang marriage nila]
ARTICLE 28: Residence with no transportation
Art. 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. (72a)

ARTICLE 30: Original Affidavit and Marriage

Contract
Art. 30. The original of the affidavit required in
the last preceding article, together with a legible
copy of the marriage contract, shall be sent by
the person solemnizing the marriage to the local
civil registrar of the municipality where it was
performed within the period of thirty days after
the performance of the marriage. (73a)
[Yung original na affidavit na ginawa nung sa Art
29 ay kailangan samahan ng legible copy ng
marriage contract tapos ipapasa ng solemnizing
officer sa local civil registrar ng municipality kung
saan pinerform yung marriage sa loob ng 30 days
after ng kasal]
IMPORTANT NOTES IN ART 27 30
A.

Requisites of marriage must be

strictly observed

There should be no exemption from

securing a marriage license unless the
circumstances clearly fall within the ambit
of the exception because marriage being a
special relationship must be respected as
such and its requirements must be strictly
observed [Kaya dapat walang exception
sa pagkuha ng marriage license except
dun sa binigay kasi special relationsip ang
marriage at dapat irespeto]

The parties should not be afforded

any excuse to not comply with every
single requirement and later use the same
missing element as a preconceived escape
ground to nullify their marriage. [Bawal
mag paexcuse sa pag comply sa
requirements kasi pwedeng gamitin yung
nawawalang requirement na yun sa
annulment]

B.

Marriages
exempted
from
acquiring marriage license
(1)
either or both is on point of death
(2)
either or boths residence has no
means of transportation for them to
appear to the local civil registrar
(3)
among muslims or other ethnic
cultural community provided the same are
solemnized according to their customs,
rites or practices
(4)
among a man and a woman who
have lived together as husband and wife

[Kung
ang
isa
sa
mga
tinitirahan
ng
magpapakasal ay lugar kung saan walang
transportation para makapagpakita sila ng
personal sa harap ng local civil registrar okay
lang
na
walang
marriage
license
bago
magpakasal]
ARTICLE 29: Marriage and Cases in Art 27/ 28
Art. 29. In the cases provided for in the two
preceding articles, the solemnizing officer shall
state in an affidavit 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 be- fore the local civil registrar and
that the officer took the necessary steps to
ascertain the ages and relationship of the
contracting parties and the ab- sence of a legal
impediment to the marriage. (72a)
[Sa mga cases na nagpakasal sa Art 27 at 28,
kailangan magbigay ng affidavit ng Solemnizing
Officer sa Local Civil Registrar o sa kahit sinong
authorized mag administer ng oath na yung kasal
na yun ay ginawa at point of death o kaya naman
na yung tinitirahan ng isa sa mga magpapakasal
ay walang transpo para maka-appear sya sa local
civil registrar (kailangan iprovide yung specific na
barrio or barangay) at kasama sa affidavit na

C.

D.

for at least five years and without any

legal impediment to marry each other
Marriages in Articulo Mortis
can be solemnized w/o a marriage
license
solemnizing officer must provide an
affidavit that the marriage was in articulo
mortis and that he executed all the means
necessary to determine if they are in legal
capacity to marry
the absence of affidavit will not
affect the validity of marriage
Marriages in Remote Places
can be solemnized w/o a marriage
license
solemnizing officer must provide an
affidavit that the marriage was in articulo
mortis and that he executed all the means
necessary to determine if they are in legal
capacity
to
marry
and
no
legal
impediments
the absence of affidavit will not
affect the validity of marriage

ARTICLE 31: Articulo Mortis between passengers

and crew members
Art. 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. (74a)
[Ang ship captain or airplane pilot ay pwedeng
magkasal ng passengers or crew members pag in
state of articulo mortis hindi lang pag nasa dagat
or nasa flight pwede din during stop overs at
ports of call]
ARTICLE 32. Articulo Mortis between persons w/in
the zone of military operation
Art. 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. (74a)
[Ang military commander ay pwedeng magkasal
ng mga nasa state of articulo mortis basta nasa
zone ng military operation mapa civilian man o
member ng armed forces]
IMPORTANT NOTES IN ART 31-32
A.

Authority of ship captain or

airplane chief to solemnize marriages

B.

has 2 requisites: (1) articulo mortis

(2) passengers or crew members
may be exercised not only while the
ship is at sea or the plane is in flight but
also during stop overs at ports of call
airplane pilot = limited to airplane
chief

Authority of Military Commander

to solemnize marriages

may be for members of AFP or

civilians

has 4 requisites:
(1) must be a commissioned officer, or an
officer in the armed forces holding rank
by virtue of a commission from the
President
(2) the assigned chaplain to his unit must
be absent
(3) articulo mortis
(4) marriage be solemnized w/in the zone
of military operations

ARTICLE 33. Marriages among Muslims

Art. 33. Marriages among Muslims or among
members of the ethnic cultural communities may
be performed validly without the necessity of a
marriage license, provided they are solemnized in
accordance with their customs, rites or practices.
(78a)
[Kasal ng mga muslim or ng kahit sinong member
ng ethnic cultural community ay pwede kahit
walang marriage license basta sinolemnize yun
according sa kanilang customs, rites or practices]
ARTICLE 34. Man and woman who have lived
together as husband and wife for atleast 5 years
Art. 34. No license shall be necessary for the
marriage of a man and a woman who have lived
together as husband and wife for at least five
years and without any legal impediment to marry
each other. The contracting parties shall state the
foregoing facts in an affidavit before any person
authorized by law to administer oaths. The
solemnizing officer shall also state under oath
that he ascertained the qualifications of the
contracting
parties
are
found
no
legal
impediment to the marriage. (76a)
[Hindi na kailangan ng marriage license pag ang
ikakasal at mahigit 5 years ng nagsasama bilang
mag-asawa bastat walang legal impediment sa
pag kasal nila. Kailangan nila magbigay ng
affidavit sa taong authorized by law to administer
oath at yung solemnizing officer ay ilalagay din
under oath na
na-ascertain nya yung

qualifications ng mga ikakasal at wala syang

nakitang legal impediment]

A.

IMPORTANT NOTES IN ART 34

A.

B.

Rationale Behind Article 34

>> avoid exposing the parties to humiliation,
shame and embarrassment concomitant with
the scandalous cohabitation of persons
outside a valid marriage due to the
publication of every applicants name for a
marriage license [kasi nga nagsama na sila
ng di pa kasal baka maexpose sila sa
humiliation, shame at embarrassment dahil
ipupublish yung mga pangalan ng nagaapply
for marriage license]
>> the publicity attending the marriage
license may discourage such persons from
legitimizing their status [baka madiscourage
na silang magpakasal]
>> to preserve peace in the family, avoid the
peeping and suspicious eye of public
exposure and contain the source of gossip
arising from the publication of their names,
the law deemed it wise to preserve their
privacy and exempt them from that
requirement [para mapayapa yung pamilya
nila at maiwasan yung mga usisero at usisera
pati nadin ang chismis]
Requisites
(1) man and woman must have been living
together as husband and wife for at least five
years before the marriage
(2) must have no legal impedi- ment to marry
each other
(3) absence of legal impediment between the
parties must be present at the time of
marriage
(4) must execute an affidavit stating that they
have lived together for at least five years and
are without legal impediment to marry each
other
(5) 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

C.

Nature of Cohabitation
that
the
five-year
period
of
cohabitation must be free from any legal
impediment

CHAPTER 3
Void and Voidable Marriages
IMPORTANT NOTES
MARRIAGES

IN

VOID

AND

VOIDABLE

B.

Void VS Voidable Marriages

they are not identical
VOID = deemed never to have taken
place at all; cannot be the source of rights
VOIDABLE = is considered valid and
produces all its civil effects, until it is set
aside by final judgment of a competent
court in an action for annulment
VOID = can never be generally
ratified or confirmed by free cohabitation
or prescription
VOIDABLE = can be generally ratified
or confirmed by free cohabitation or
prescription
VOID = can be attacked collaterally
VOIDABLE = can be assailed only in a
direct proceeding for that purpose and not
collaterally
VOID = can be questioned even after
the death of either party
VOIDABLE = can be assailed only
during the lifetime of the parties and not
after death of either, in which case the
parties and their offspring will be left as if
the marriage had been perfectly valid
VOID = any proper interested party
may attack
VOIDABLE = only the parties to a
voidable marriage can assail
VOID = have no legal effects except
those declared by law concerning the
properties of the alleged spouses,
regarding co-ownership or ownership
through actual joint contribution
Declaration of Nullity
a petition for declaration of absolute
nullity of void marriage may be filed solely
by the husband or the wife [pag absolute
nullity ng void marriage ang mag-aapply
lang ay husband or wife]
heirs of a deceased person to file the
petition for declaration of nullity of the
deceased per- sons marriage to a third
party [mga angkan ng namatay ay
pwedeng mag-apply ng absolute nullity ng
void marriage sa third party]
it does not mean that other
interested parties (persons other than the
husband or the wife) may no longer attack
a void marriage. A void marriage is still
subject to a collateral attack. For purposes
other
than
remarriage
such
as
determination of:
(1) heirship

(2)
(3)
(4)
(5)
C.

legitimacy/illegitimacy of a child
settlement of estate
dissolution of property regime
criminal case

Marriages expressly void under

the code
(1)
those contracted by any party below
eighteen years of age
(2)
those solemnize by any person not
legally authorized to perform marriages
except when both parties believed in good
faith that the solemnizing officer is
authorized
(3)
those solemnized without license
except those who are valid to be
exempted
(4)
those bigamous or polygamous
marriages
(5)
those contracted through mistake of
one contracting party as to the identity of
the other
(6)
those with either party has been
married before but failes to record the
judgement of annulment or of absolute
nullity in the appropriate civil registry
(7)
those by any part who at time of
marriage
was
psychologically
incapacitated to comply with the essential
marital obligations of marriage
(8)
those marriages between ascendants
and descendants of any degree whether
legitimate or illegitimate
(9)
those between brothers and sisters,
whether of the full or half blood and
whether the relationship between the
parties be legitimate or illegitimate
(10)
those between collateral blood
relatives whether legitimate or illegitimate
up to 4th civil degree
(11)
those between step-parents and step
children
(12)
those between parents-in-law and
children-in-law
(13)
those between adopting parent and
adopted child
(14)
those between surviving spouse of
the adopting parent and the adopted child
(15)
those between surviving spouse of
the adopted child and the adopter
(16)
those between adopted child and
legitimate child of the adopter
(17)
those between adopted children of
the same adopter
(18)
those between parties where one
with the intention to marry the other,
killed that other persons spouse or his/her
own spouse

(19)
those with either of the parties to a
subsequent marriage is also a party to a
prior marriage which is void ab initio but
has not been declared such in final
judgment by court
(20)
those
subsequent
bigamous
marriage under Art 41 of the Family Code
if both parties therein acted in bad faith
D.

Other void marriages

same sex marriage
no consent freely given
common-law
marriages
and
marriages by proxy
(4)
marriages where the exchange of
vows was not done personally by the
contracting parties in the presence of the
solemnizing officer
(1)
(2)
(3)

ARTICLE 35: Marriages void from the beginning

Art. 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 license, except
those covered by the preceding Chapter;
(4) Those bigamous or polygamous marriages not
failing under Article 41;
(5) Those contracted through mistake of one
contracting party as to the identity of the other;
and
(6) Those subsequent marriages that are void
under Article 53.
IMPORTANT NOTES IN ART 35
A.

Concept of good faith marriages

in Art 35 p. 2

good faith = be one that is based on

a mistake or ignorance of facts and not
based on ignorance of law

marriage
cases
that
involve
ignorance of law meaning these are void:
(1) if the judge solemnized the marriage
outside of the courts jurisdiction, even
if the parties believed in good faith
that he is authorized to perform
marriages outside of the courts
jurisdiction
(2) if none of the parties to a marriage
solemnized by a religious solemnizer

B.

C.

belong to the solemnizers church or

sect
(3) if the marriage solemnized by a ship
captain or airplane chief is not
between passengers or crew members,
even if the marriage is in articulo
mortis
(4) a marriage solemnized by a military
commander of a unit if the chaplain is
not absent, even if the marriage is in
articulo mortis
(5) a marriage solemnized by a military
commander of a unit outside of the
zone of military operations, even if the
chaplain is absent and the marriage is
in articulo mortis
(6) a marriage solemnized by a con- sulgeneral, consul or vice-consul between
Filipinos if the marriage is celebrated in
the Philippines
marriage
cases
that
involve
ignorance of fact meaning valid:
(1) where a person posed as a priest and
either or both of the parties are not
aware of the deception
(2) where a religious solemnizer is not
duly authorized by his church or sect
to perform marriages but either or
both parties are not aware of such fact
(3) where a religious solemnizer is not
duly registered with the Civil Registrar
General but either or both par- ties are
not aware of such fact
(4) where the religious solemnizer acted
beyond the limits of his written
authority but either or both parties are
not aware of such fact

Void marriages under bigamy

and polygamy

bigamy - committed when a person

contracts a second or subsequent
marriage before the former marriage has
been legally dis- solved, or before the
absent
spouse
has
been
declared
presumptively dead by means of a
judgment
rendered
in
the
proper
proceedings

in bigamy, the second marriage is

void ab initio even if the other party was
not aware and acted in good faith
Void marriages under mistake in
identity

void ab initio because of absent of

real consent

D.

mistake in identity must be mistake

in physical identity and not a mistake in
name, personal qualifications, character,
social standing and etc.

Void
marriages
under
noncompliance with procedure

the law further requires the recording

and registration of the following in the
appropriate civil registry and registries of
property and only after complying with the
foregoing requirements may either of the
former spouses be allowed to contract
another marriage or else void ab initio:
(1)

the judgment of annulment or of

absolute nullity of the marriage
(2) the partition and distribution of the
proper- ties of the spouses
(3) the delivery of the childrens
presumptive legitimes
ARTICLE 36: Psychological Incapacity
Art. 36. A marriage contracted by any party who,
at
the
time
of
the
celebration,
was
psychologically incapacitated to comply with the
essen- tial marital obligations of marriage, shall
likewise be void even if such incapacity becomes
manifest only after its solemnization. (As
amended by Executive Order 227)
[Ang kasal na naganap pero during non isa or
both parties ay psychologically incapacitated
para macomply ang mga essential marital
obligations ng marriage ay void kahit na yung
incapacity nay un ay nag manifest lang after ng
solemnization]
IMPORTANT NOTES IN ART 36
A.

Source of Article 36
taken by the Family Code Revision
Committee from Canon 1095 of the New
Code of Canon Law, which reads:

Canon 1095. They are incapable of

contracting mar- riage;
1. who lack sufficient use of
reason;
2. who suffer from a grave
defect of discretion of
judgment
concerning
essential matrimonial rights
and duties, to be given and
accepted mutually;
3. 3.
who
for
causes
of
psychological nature are un-

able to assume the essential

obligations of marriage.
B.

C.

Definition
of
psychological
incapacity

psychological incapacity - should

refer to no less than a mental (not
physical) incapacity that causes a party to
be truly incognitive of the basic marital
covenants that concomitantly must be
assumed and discharged by the parties to
the marriage which, as so expressed by
Article 68 of the Family Code, include their
mutual obligations to live together,
observe love, respect and fidelity and
render help and support

psychological incapacity - to the

most
serious
cases
of
personality
disorders clearly demonstrative of an utter
insensitivity or inability to give meaning
and significance to the marriage.

this psychologic condition must exist

at the time the marriage is celebrated.

no award for moral damages in

psychological incapacity

not subject to prescription

Characteristics of psychological
incapacity
(a)
Gravity

incapacity must be grave or serious

that the party would be incapable of
carrying out the ordinary duties required
in marriage

illness must be grave enough to

bring about the disability of the party to
assume the essential obligations of
marriage

(b)

(c)

mild characteriological peculiarities,

mood changes, occasional emotional
outbursts cannot be accepted as root
causes
illness must be shown as downright
incapacity or inability, not a refusal,
neglect or difficulty, much less ill will
mere showing of irreconcilable
differences and conflicting personalities
in no wise constitutes psychological
incapacity
juridical antecedence
the incapacity must be proven to be
existing at the time of the marriage
the evidence must show that the
illness was exist- ing when the parties
exchanged their I dos.
the manifestation of the illness need
not be perceivable at such time, but the
illness itself must have attached at such
moment, or prior thereto
incurability
incapacity must be incurable or,
even if it were otherwise, the cure would
be beyond the means of the party
involved
incapacity must also be shown to be
medically or clinically permanent or
incurable
incapacity must be relevant to the
assumption of marriage obligations, not
necessarily to those not related to
marriage, like the exercise of profession or
employment in a job