San Beda Persons

1
MEMORY AID IN CIVIL LAW
PERSONS AND FAMILY RELATIONS
I. NEW CIVIL CODE

 took effect on August 30, 1950 1. When the law itself authorized
its validity (ex. lotto,
Effectivity of laws sweepstakes)
Laws take effect 15 2. When the law makes the act only
days following the completion of its voidable and not void (ex.
publication voidable contracts where
Unless otherwise provided consent is vitiated)
by the law. This refers to the 15 day 3. When the law makes the act
period and NOT to the requirement of valid but punishes the violator
publication. (Tanada
(Tanada vs. Tuvera)
Tuvera ) (ex. marriage solemnized by a
person without legal authority)
NOTE: Administrative rules and
regulations must also be published if Waiver of rights
their purpose is to enforce or implement  Requisites: (EKI)
existing laws pursuant to a valid 1. Existence of a right
delegation. The publication must be in 2. K nowledge
nowledge of the existence of a right
full since its purpose is to inform the 3. Intention to relinquish the right
public of the contents of the law. ( Phil.
Int’l Trading Corp. vs. Angeles)
Angeles ) Rights can be waived.
Ignorance of the law excuses no one 1. If the waiver is contrary to law,

 considered a CONCLUSIVE public order, public policy,
presumption and applies only to morals or good customs (LPPMG)
mandatory and prohibitory laws. 2. If the waiver is prejudicial to a
(Consunji vs. CA) third party with a right
recognized by law.
Non-retroactivity
Non-retroactivity of laws
Laws have no NOTE: A stipulation requiring the
retroactive effect. recipient of a scholarship grant to waive
(UCIPELT) his right to transfer to another school,
1.Unless the law otherwise provides unless he refunds the equivalent of his
2. Curative statutes scholarship in cash is null and void. The
3. Interpretative statutes school concerned obviously understands
4. Procedural/remedial scholarship awards as a business scheme
5. Emergency laws designed to increase the business
6. Laws creating new rights potential of an educational institution.
7. Tax laws Thus, conceived, it is not only
inconsistent with sound policy, but also
1. Ex post facto laws with good morals. (Cui vs. Arellano
2. Laws that impair obligation of University)
contracts
Laws applicable
1. Penal laws and laws of public
Acts Contrary To Law
security
 territoriality rule governs
Acts which are contrary
 laws of the Philippines will
to mandatory or prohibitory laws are
govern upon ALL those who live
void.
or sojourn in it
2. Laws relating to family rights and
duties, or to the status, condition
and legal capacity of persons
CIVIL LAW COMMITTEE

CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
2 2005 CENTRALIZED B AR OPERATIONS
 nationality rule applies Covers Covers both Covers only

 laws of the Philippines will govern its family real & the forms &
citizens, regardless of their rights & personal solemnities
residence duties, property (extrinsic
status, validity)
When a marriage between
condition
a Filipino citizen and a foreigner is & legal
validly celebrated and a divorce is capacity
thereafter validly obtained abroad by Exception Exceptions: Exceptions:
the alien spouse capacitating him or her : (CIAO) 1. Art. 26,
to remarry, the Filipino spouse shall Art. 26, 1. Capacity par. 1 of
likewise have the capacity to remarry par. 2 of to succeed Family Code
under Philippine law. ( Article 26(2) Family 2. Intrinsic (marriage
Family Code)
Code) Code validity of involving
the will Filipinos
3. Amount solemnized
NOTE: domiciliary rule supplants the
of abroad, when
nationality rule in cases involving successiona such are void
stateless persons l rights in the
4. Order of Philippines)
3. Laws on property succession 2. Intrinsic
 lex rei sitae applies validity of
 real property, as well as contracts
personal property is subject to
the law of the country where it Renvoi Doctrine
is situated  Where the conflict rules of the
forum refer to a foreign law, and
4. Laws on forms and solemnities the latter refers it back to the
 lex loci celebrationis applies internal law, the latter (law of
the forum) shall apply.
Rules on Personal Law NOTE: If the foreign law refers it to a
DOMICILIARY NATIONALITY third country, the said country’s laws
RULE RULE shall govern, and is referred to as the
Basis for basis for transmission theory .
determining determining
personal law of an personal law of an Doctrine of Processual Presumption
individual is his individual is his  The foreign law, whenever
domicile citizenship applicable, should be proved by
the proponent thereof;
otherwise, such law shall be
LEX LEX REI LEX LOCI presumed to be exactly the same
NATIO- SITAE CELEBRA- as the law of the forum.
NALII TIONIS
Art. 15, Art. 16, CC Art. 17, CC Rule on Prohibitive Laws
CC Prohibitive laws
Citizenshi Law of the Law of the concerning persons, their acts or
p is the place place where property and laws which have for their
basis for where the the contract object public order, public policy or
determini property is was executed
good customs are not rendered
ng the situated is is the basis
personal the basis for
ineffective by laws, judgments
law for determining promulgated or conventions agreed upon
applicable determinin law applicable in foreign country.
g law
applicable Art. 26, par. 2 Family Code
 Example: Divorce law
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer
Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law),
Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal
Ethics)
3
Human Relations
 Every person must, in the There is a common element under Arts.
exercise of his rights and in the 19 and 21, and that is, the act must be
performance of his duties, act done intentional. However, Art. 20 does
with justice, give everyone his not distinguish, the act may be done
due, and observe honesty and either “willfully” or “negligently.”
good faith. (Art. 19 of NCC) (Albenson Ent. Corp. vs. CA)
NOTE: The elements of an abuse of right  The SC in Pe vs. Pe,

Pe, applying Art.
under Art. 19 are: 21 ruled that a married man had seduced
1. There is a legal right; a girl through an ingenious and tricky
2. Which is exercised in bad faith; scheme, i.e. on the pretext of teaching
3. For the sole intent of prejudicing her how to pray the rosary, to the extent
or injuring another. (Albenson of making her fall in love with him.
Ent. Corp. vs. CA) Verily, he has committed an injury to
the girl’s family in a manner contrary to
The SC in Velayo vs. Shell held the morals, good customs and public policy.
defendant liable under Art. 19 for
disposing of its property (a perfectly However, in Tanjanco vs. CA, CA,
legal act) in order to escape the reach of the SC denied the award of moral
a creditor. Likewise, in Globe Mackay damages based on the fact that for one
Cable and Radio Corp. year, from 1958-1959, the plaintiff, a
vs. CA, the employer corporation was woman of adult age, maintained
held liable for damages for an abusive intimate sexual relations with
manner in dismissing an employee, as defendant, with repeated acts of
well as for the inhuman treatment the intercourse. Such conduct is
latter got from them. incompatible with the idea of seduction.
Plainly, there is here voluntariness and
 Every person who, contrary to mutual passion; for had the plaintiff
law, willfully or negligently been deceived, had she surrendered
causes damage to another, shall exclusively because of the deceit, artful
indemnify the latter for the persuasions and wiles of defendant, she
same. (Art. 20 of NCC) would not have again yielded to his
 Any person who willfully causes embraces, much less for one year
loss or injury to another in a without exacting early fulfillment of the
manner that is contrary to alleged promises of marriage and would
morals, good customs or public have cut short all sexual relations upon
policy shall compensate the finding that defendant did not intend to
latter for the damage. (ART. 21 fulfill his promises. Hence, no case is
of NCC) made under Art. 21 of Civil Code.
NOTE: Art. 21 deals with acts contra  While a breach of promise to

bonus mores, and has the following marry is not actionable, it has been held
elements: that to formally set a wedding and go
1. There is an act which is legal; through and spend for all the wedding
2. But which is contrary to morals, preparation and publicity, only to walk
customs, public order; out of it when the matrimony was about
3. and it is done with intent to to be solemnized is a different matter.
injure. This palpably and unjustifiably contrary
Arts. 19, 20 and 21 are related to good customs for which the defendant
to each other and, under these articles, must be held answerable for damages in
an act which accordance with Art. 21 of the Civil
causes injury to another may be made Code. (Wassmer vs. Velez)
the basis for an award of damages.
CIVIL LAW COMMITTEE

Inherent Merely acquired

 The obligation of cohabitation of Lost only through Lost through death
husband and wife is not enforceable by death and other causes
contempt proceedings. In private Can exist without Cannot exist without
relations, physical coercion is barred capacity to act juridical capacity
under the the old maxim – “Nemo potest Cannot be Can be restricted,
preciso cogi ad factum.” However, the limited or modified or limited
refusal of the wife to perform her wifely restricted
duties, her denial of consortium and her
desertion of her husband would certainly THEORIES ON CAPACITY TO ACT
constitute a willful infliction of injury THEORY OF THEORY OF
upon her husband’s feelings in a manner GENERAL SPECIAL
which is contrary to morals, good CAPACITIES CAPACITIES
customs and public policy for which Arts. Applies to Applies to juridical
21 and 2210 (10) of the CC authorize an natural persons persons
One has the This limits the power
award for moral damages. (Tenchavez
ability to do all of juridical persons
vs. Escano) things with legal only to those that are
effects except expressly conferred
Prejudicial Question only in those upon them or those
If both criminal and specific circum- which can be implied
civil cases are filed in court, the criminal stances where therefrom or
case takes precedence. the capacity to incidental thereto
When there is a prejudicial act is restrained
question or a question that arises in a
case, the resolution of which is a logical Natural persons
antecedent of the issue involved herein, Birth determines
and the cognizance of which pertains to personality.
another tribunal. The law considers the
 Requisites (Sec. 7, Rule 111, conceived child as born for all purposes
Rules of Court)
Court) favorable to it if born alive.
alive. Therefore,
a. Previously instituted civil action the child has a presumed personality ,
involves an issue similar or which has two characteristics:
intimately related to the issue 1. limited; and
raised in the subsequent 2. provisional/conditional
criminal action, and (Quimiguing vs. Icao)
Icao)
b. The resolution of such issue
determines whether or not the NOTES:
criminal action may proceed  The presumption as to the child’s
personality applies only in cases
NOTE: The Civil Code has suppletory beneficial to the child.
application in matters governed by
special laws  The concept of provisional
personality CANNOT be invoked to
PERSONS obtain damages for and in behalf of
an aborted child. (Geluz
( Geluz vs. CA)
CA)
CIVIL PERSONALITY
 aptitude of being the subject, When is a Child Considered Born
active or passive, of rights and For civil purposes, the
obligations fetus is considered born if it is alive at
the time it is completely delivered from
delivered from
JURIDICAL CAPACITY TO ACT the mother’s womb.
CAPACITY If the fetus had an
Fitness to be the Power to do act with intrauterine life of less than 7 months, it
subject of legal legal effects is not deemed born if it dies within 24
relations hours after its complete delivery from
Passive Active the maternal womb.

Ethics)
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Presumption of survivorship Cessation of Civil Personality

 Two or more persons, called to 1. If natural persons: by death
succeed each other, shall be 2. If juridical persons: by termination
presumed to have died at the of existence
same time, subject to the
following conditions: CITIZENSHIP AND DOMICILE
1. parties are heirs to one another RESIDENCE DOMICILE
2. no proof as to who died first Used to indicate a denotes a FIXED
3. with doubt as to who died first PLACE OF ABODE, PERMANENT
NOTE: Article 43 applies when the whether RESIDENCE, which
parties are called to succeed each other. permanent or when absent, one
But if the parties are not called to temporary has the intention of
returning
succeed each other, Rule 131, Sec. 3 (jj)
There can be There can only be
of the Rules of Court applies. Both are several places of ONE place of
to be applied only in the absence of residence domicile
facts.
Elements of Domicile
Juridical persons a. Physical presence in a fixed place
b. Intention to remain permanently
a. State and its political (animus manendi)
manendi)
subdivisions
b. Corporations, institutions and Kinds of Domicile
entities for public purpose or 1. Domicile of origin - received by a
interest person at birth.
c. Corporations, partnership and 2. Domicile of choice - the place freely
associations for private interest chosen by a person sui juris.
juris.
EATED: For (a) and (b), by the 3. Constructive domicile - assigned to a
laws creating or recognizing them; child by law at the time of his birth.
private corporations are governed by BP
68 and partnership and associations are II. FAMILY CODE
governed by the provisions of this Code  took effect August 3, 1988
concerning
concerning partnerships.
MARRIAGE
NOTE: The Roman Catholic Church is a  A special contract of permanent
corporation by prescription, with union between a man and a woman
acknowledged juridical personality, entered into in accordance with law
inasmuch as it is an institution which for the establishment of conjugal
antedated, by almost a thousand years, and family life. Its nature,
any other personality in Europe, and consequences and incidents are fixed
which existed when Grecian eloquence by law and cannot be the subject of
still flourished in Antioch and when idols stipulation.
where still worshipped in the temple of
Mecca. (Barlin vs. Ramirez) Essential requisites : (LC)
1. Legal capacity of the contracting
The estate of a deceased person parties, who must be a male and a
should be considered an artificial or female
juridical person for the purposes of the 2. Consent freely given in the presence
settlement and distribution of his estate of a solemnizing officer
which, of course, include the exercise
during the judicial administration Formal requisites : (ALM)
thereof of those rights and the 1. Authority of the solemnizing officer
fulfillment of those obligations of his 2. Valid Marriage License
which survived after his death. (Limjoco 3. Marriage ceremony where the
vs. Intestate Estate of Pedro Fragrante) contracting parties appear before
CIVIL LAW COMMITTEE

the solemnizing officer, with their NO marriage license is required by

personal declaration that the take the country where they were
each other as husband and wife in solemnized
the presence of not less than two 3. of a man and a woman who have
witnesses of legal age lived together as husband and wife
for at least 5 years and without legal
Effects: impediment to marry each other
1. Absence of essential or formal NOTE: The 5-year period should be
requisites computed on the basis of a
 the marriage is void ab initio cohabitation as husband and wife
2. Defect in any of the essential where the only missing factor is the
requisites marriage contract to validate the
 The is marriage voidable union. This 5-year period should be
3. Irregularity in any of the formal the years immediately before the
requisites day of the marriage and it should be
 Does NOT affect the validity of a period of cohabitation
the marriage BUT will hold the characterized by exclusivity -
party responsible for such meaning no third party was involved
irregularity liable at any time within the 5 years and
continuity - that is unbroken (Ninal
Persons Authorized To Solemnize vs. Bayadog, GR No. 133778 March
Marriages: (PMJCCC) 14, 2000).
1. priests, rabbis, and ministers of any
church NOTE: In the case of Manzano vs.
2. municipal and city mayors Sanchez (G.R. No. MTJ-00-1329,
3. members of the judiciary March 08, 2001),
2001 ), the Supreme Court
4. ship captains or air plane chiefs laid down the requisites to avail the
5. commanders of military unit, in the exemption under Article 34 of the
absence of chaplain Family Code:
Code:
6. consul generals, consuls or vice- a. The man and woman must have
consuls been living together as husband
and wife for at least five years
Authorized Venues Of Marriage before the marriage;
Must be solemnized b. The parties must have no legal
publicly, and not elsewhere,
elsewhere , in the: impediment to marry each
1. chambers of the judge or in open other;
court c. The fact of absence of legal
2. church, chapel or temple impediment between the
3. office of consul-general, consul or parties must be present at the
vice-consul time of marriage;
d. The parties must execute an
1. marriage at the point of death affidavit stating that they have
(articulo mortis); lived together for at least five
2. marriage in remote places years [and are without legal
3. marriage at a house or place impediment to marry each
designated by the parties with the other; and
written request to the solemnizing e. The solemnizing officer must
officer execute a sworn statement that
he had ascertained the
Marriages Exempt From License qualifications of the parties and
Requirement: (MOLAR) that he had found no legal
1. among Muslims or members of ethnic impediment to their marriage
cultural communities, provided such 4. in articulo mortis
were solemnized in accordance with 5. in remote places
their customs, rites and practices
2. solemnized outside the Phil. where

Ethics)
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NOTE: A marriage license is valid only the time of the marriage, one of the
for 120 days from date of issue, in any parties is already an alien.
part of the Philippines.
VOID MARRIAGES
Foreign Marriages A. Due to absence of any of the
 Validity of marriage: essential requisites: (BB-LAPIS)
Where one or both 1. contracted by any party below 18
parties to the marriage are citizens of years of age even with parental
the Philippines, the foreign marriage is consent
valid in this country if solemnized in 2. solemnized by any person not legally
accordance with the laws of the country authorized to perform marriages
of celebration. unless one or both of the parties
Foreign marriages shall believed in good faith that the
not be recognized in the Philippines if solemnizing officer had the legal
prohibited because: (MABB-PIP) authority to do so
1. contracted by a national who is 3. solemnized without a license except
below 18 years of age as otherwise provided
2. bigamous or polygamous (except 4. bigamous or polygamous marriages
as provided for in Art. 41, FC) 5. marriages contracted through
3. contracted through mistake of mistake of one of the parties as to
one party as to the identity of the identity of the other
the other 6. subsequent marriages that are void
4. contracted following the under Article 53 of the Family Code
annulment or declaration of 7. contracted by a party who at the
nullity of a previous marriage time of the marriage was
but before partition psychologically incapacitated
5. void due to psychological
incapacity B. Incestuous marriages, whether the
6. incestuous relationship be legitimate or
7. void for reasons of public policy illegitimate (Article 37):
1. between ascendants & descendants
 Validity of divorce: of any degree
A divorce validly 2. between brothers & sisters whether
obtained abroad by the alien spouse, full or half-blood
capacitating him/her to remarry can
allow the Filipino to remarry. C. Those contrary to public policy
The rule will not apply if (Article 38): (SCAPS-SAKA)
the divorce was obtained by the Filipino 1. between collateral blood relatives
spouse. whether legitimate or illegitimate up
to the 4th civil degree
NOTE: A Filipino wife remains the lawful 2. between step-parents & step
wife of the Filipino husband despite a children
decree of divorce obtained abroad by 3. between parents-in-law & children-
the wife. However, if the wife is already in-law
a foreigner at the time of the divorce, 4. between the adopting parent & the
she ceases to be the lawful wife of the adopted child
Filipino husband. This, notwithstanding, 5. between the surviving spouse of the
if at the time of the marriage the wife adopting parent & the adopted child
was still a Filipino, and subsequently 6. between the surviving spouse of the
acquires citizenship of another country, adopted child & the adopter
thereby rendering her to have the legal 7. between an adopted child & a
capacity to obtain a decree of divorce, legitimate child of the adopter
the Filipino husband remains a spouse of 8. between the adopted children of the
the former. This situation is not covered same adopter
by Art. 26, par.2 which requires that, at 9. between parties where one, with the
CIVIL LAW COMMITTEE

intention to marry the other, killed Psychological Incapacity

the latter’s spouse, or his/her  no exact definition but is restricted
spouse. to psychological incapacity “to
comply with the essential marital
NOTE: Under the FC, the following can obligations of marriage”
now marry each other:  involves a senseless, protracted and
a. Brother-in-law and sister-in-law; constant refusal to comply with the
b. Stepbrother and stepsister; essential marital obligations by one
c. Guardian and ward; or both of the spouses although he,
d. Adopted and illegitimate child of the she or they are physically capable of
adopter; performing such obligations (Chi ( Chi
e. Parties who have been convicted of Ming Tsoi vs. CA)
CA )
adultery or concubinage.
 Essential elements: (MAVFFCCI)
D. Subsequent marriages a. Mental condition
1. without judicial declaration of b. Applies to a person who is
nullity of previous void marriage maritally contracted to another
(Article 40) c. Marriage entered into with
2. without judicial declaration of volition
presumptive death of absent spouse d. Failure to perform or comply
(Article 41) with the essential obligations in
3. where the spouse was presumed marriage
dead, and both the present spouse e. Failure to perform is chronic
and would-be spouse were in bad f. Cause is psychological in nature
faith in contracting marriage (Article g. Cause is serious, with juridical
44) antecedence and must be
incurable
NOTE: Where there was failure to record h. Incapacity results in the failure
in the civil registry and registry of of the marriage.
property the judgment of annulment or
of absolute nullity of the marriage,
partition and distribution of the property (Republic vs. Molina)
of the spouses and the delivery of the 1. burden of proof belongs to the
children’s presumptive legitimes it shall plaintiff
not affect third persons (Articles 52-53). 2. root cause of the psychological
incapacity must be:
NOTE: Even if a marriage is void, it must a. medically or clinically identified
be declared void first because the b. alleged in the complaint
parties cannot decide for themselves the c. sufficiently proven by experts
invalidity of their marriage. d. explained in the decision
3. incapacity must be existing at the
time of the celebration of marriage
VOID VOIDABLE 4. incapacity must be permanent or
Decree of nullity Decree of incurable
annulment 5. illness is grave enough to bring about
Never be ratified Ratified by free disability to assume marital
cohabitation obligations
Attacked directly or Attacked directly 6. marital obligations refer to Art. 68-
collaterally only 71 of FC as well as Art. 220,221 and
Co-ownership Conjugal 225 of the FC
Partnership 7. interpretations of the National
Always void Valid until annulled Appellate Matrimonial Tribunal of
Action for Action prescribes the Catholic Church of the
declaration of Philippines while not controlling
nullity does not
should be given great respect.
prescribe
8. trial court must order the

Ethics)
9
prosecuting attorney or fiscal and When the following

the Solicitor General to appear for conditions concur, the subsequent
the state. bigamous marriage shall be valid:
1. absence of the other spouse
JUDICIAL OF DECLARATION OF NULLITY must have been for four
 The absolute nullity of a consecutive years, or two years
previous marriage may be where there was danger of death
invoked for purposes of 2. well-founded belief of the
remarriage on the basis solely of present spouse that absent
a final judgment declaring such spouse was already dead
previous marriage void. 3. judicial declaration of
NOTES: presumptive death
 For purposes of remarriage, the only
legally acceptable basis for declaring EFFECTS OF TERMINATION OF
a previous marriage an absolute SUBSEQUENT MARRIAGE: (ICADI)
nullity is a final judgment declaring 1. Children of the subsequent marriage
such previous marriage void, whereas, conceived prior to its termination
for purposes other than remarriage, shall be considered legitimate;
other evidence is acceptable. 2. The absolute community or conjugal
(Domingo vs. CA) partnership shall be dissolved and
 In a case for concubinage, the liquidated. If either spouse acted in
accused need not present a final bad faith, his/her share in the net
judgment declaring his marriage void profits shall be forfeited:
for he can adduce evidence in the a. in favor of the common children;
criminal case of the nullity of his b. if none, in favor of the children
marriage other than proof of a final of the guilty spouse by previous
judgment declaring his marriage void. marriage; or
Hence, the pendency of the civil c. in default of children, in favor of
action for nullity of marriage does not the innocent spouse;
pose a prejudicial question in a 3. Donations by reason of the marriage
criminal case for concubinage. remain valid except if the donee
 Parties to the marriage should not be
contracted the marriage in bad
permitted to judge for themselves its faith;
nullity, for the same must be 4. The innocent spouse may revoke the
submitted to the judgment of the designation of the spouse in bad
competent courts and only when the faith as the beneficiary in any
nullity of the marriage is so declared insurance policy; and
can it be held as void, and so long as 5. The spouse who contracted the
there is no such declaration, the subsequent marriage in bad faith
presumption is that the marriage shall be disqualified to inherit from
exists for all intents and purposes. the innocent spouse by testate or
Therefore, he who cohabits with a intestate succession.
woman not his wife, before the NOTE: The above effects apply in
judicial declaration of nullity of the voidable bigamous marriages. Except for
marriage, assumes the risk of being (1), the above effects also apply to
prosecuted for concubinage. (Beltran
( Beltran marriages which are annulled or
vs. People, June 20, 2000) declared void ab initio under Art. 40 of
the Code.
BIGAMOUS MARRIAGES
DECLARATION OF PRESUMPTIVE DEATH
 Requisites: (MR-BF)
A marriage contracted
by any person during the subsistence
s ubsistence of a 1. That the absentee spouse has been
previous valid marriage shall be null and missing for 4 consecutive years or 2
void.(Gomez
void.(Gomez vs. Lipana)
Lipana) consecutive years if the
disappearance occurred where there
CIVIL LAW COMMITTEE

is danger of death under authority over the party, in that

circumstances laid down in Art.391 order, and both lived together as
of the NCC husband and wife;
2. The present spouse wishes to 2. Unsound mind of either party
remarry; 3. Fraudulent means of obtaining
3. The present spouse has well-founded consent of either party
belief that the absentee is Dead; 4. Vitiated consent of either party
4. The present spouse f iles
iles a summary through force, intimidation or undue
proceeding for the declaration of influence
presumptive death. 5. Physical incapability of either party
to consummate the marriage with
NOTE: The present spouse must the other, and such incapacity
establish that he had a well-founded continues and appears to be
belief required by law that his absent incurable
wife was already dead that would sustain 6. Sexually-transmissible disease of
the issuance of a court order declaring either party found to be serious and
presumptive death. In the case of RP vs. appears to be incurable
Nolasco, The SC believed that
respondent Nolasco failed to conduct a NOTE: Mode of ratification for Nos. 1-4
search for his missing wife with such is COHABITATION. In Nos. 5 & 6, there is
diligence as to give rise to a “well-
“well - no ratification to speak of since the
founded belief” that she is dead. When defect is permanent. The latter can be
he arrived in San Jose, Antique after convalidated only by prescription, i.e. 5
learning of his wife’s departure, instead years from the date of marriage.
of seeking the help of local authorities Specifically, in no.5, the healthy spouse
or of the British embassy, he secured may still annul the marriage within 5yrs.
another seaman’s contract and went to after celebration.
London, a vast city of many millions of
inhabitants, to look for her there. (RP
vs. Nolasco) Circumstances amounting to Fraud
under Article 46: (SPND)
Effect of Reappearance of Absent 1. Non-disclosure of a previous
Spouse: conviction by final judgment of the
The subsequent other party of a crime involving
bigamous marriage under Article 41 moral turpitude;
remains valid despite reappearance of 2. Concealment by the wife of the fact
the absentee spouse. that at the time of the marriage, she
If the reappearance was was Pregnant by a man other than
made in a sworn statement recorded in her husband;
the civil registry, the subsequent 3. Concealment of a Sexually
marriage is “automatically terminated.” transmissible disease, regardless of
If there its nature, existing at the time of
was a previous judgment annulling or the marriage; and
declaring the first marriage a nullity, the 4. Concealment of Drug addiction,
subsequent bigamous marriage remains habitual alcoholism, homosexuality
valid. or lesbianism existing at the time of
the marriage.
VOIDABLE MARRIAGES
 Grounds: (UP-FAVS) NOTES:
1. Age of the party in whose behalf it is  Misrepresentation as to character,
sought to have the marriage health, rank, fortune or chastity is
annulled was 18 years of age or over not a ground for annulment.
but below 21, and the marriage was  The enumeration in Article 46 is
solemnized without the consent of EXCLUSIVE. ( Anaya
Anaya vs. Palaroan)
Palaroan)
the parents, guardian or person
exercising substitute parental

Ethics)
11
Ground Persons Prescripti comes first may convalidate the

(F2I2NS) Who May ve Period marriage: Cohabitation or Prescription.
Prescription.
Sue
1.Force, Injured party w/in 5 Requisites for annulment due to
intimidation years from Impotence under Art.45(5) (CUPIN)
, or undue the time a. Impotence exists at the time of the
influence the force, celebration of the marriage
intimidatio b. The impotence is permanent
n, or undue
c. incurable
influence
ceased d. The impotence is unknown to the
. Fraud Injured party w/in 5 other spouse
years from e. The other spouse must not also be
the dis- impotent
covery of
fraud
3. incapabi- Injured party w/in 5 Doctrine of Triennial Cohabitation
lity to years after  presumption that the husband is
onsum- the impotent should the wife still remain
mate celebration
a virgin after 3 years of living
of the
marriage
together with her husband.
. Insanity (a) sane (a) anytime Requisites for annulment due to

spouse who before the Disease under Article 45(6) (ICSIIF)
has no death of
1. Either party is inflicted with a
knowledge of either
sexually transmissible disease (STD)
the insanity party
(b) relatives, (b) anytime
guardians or before the ADDITIONAL REQUIREMENTS FOR
persons ha- death of ANNULMENT OR DECLARATION OF
ving legal either NULLITY
charge of the party 1. Prosecuting attorney or fiscal
insane (c) during should:
(c) insane lucid a. Take steps to prevent collusion
spouse interval or
between the parties
after
b. Take care that evidence is not
regaining
sanity fabricated or suppressed
5. Non- (a) parent/ (a) anytime 2. The following must be
consent legal before the accomplished:
guardian “no a. Partition and distribution of the
having charge consent” properties of the spouses
of the “no-
“no - party b. Delivery of the children’s
consent” reaches 21 presumptive legitimes
party (b) w/in 5 c. Recording of the judgment of
(b) ”no years after
annulment or absolute nullity.
consent “ reaching 21
party
6. STD Injured party w/in 5 NOTES:
years after  There will be collusion only if the
the parties had arranged to make it
celebration appear that a ground existed or had
of the been committed although it was not,
marriage or if the parties had connived to
bring about a matrimonial case even
NOTE: In Nos. 1, 2, 4, and 5, when in the absence of grounds therefore.
cohabitation takes place after the defect (Ocampo vs. Florenciano)
ceases to exist, the prescriptive period is  A grant of annulment of marriage or
rendered moot and academic. Whichever legal separation by default is fraught
CIVIL LAW COMMITTEE

with danger of collusion. If the 6. lesbianism or homosexuality of the

defendant spouse fails to answer the respondent
complaint, the court cannot declare 7. abandonment of the petitioner by
him or her in default but instead, the respondent without justifiable
should order the prosecuting cause for more than 1 year
attorney to determine if collusion 8. physical violence or moral pressure
exists between the parties. to compel petitioner to change
However, petitioner’s vehement religious or political affiliation
opposition to the annulment 9. contracting by respondent of a
proceedings negates the conclusion subsequent bigamous marriage; and
that collusion existed between the 10. sexual infidelity or perversion.
parties. Under these circumstances,
the non-intervention of a NOTES:
prosecuting attorney to assure lack  Cooling-off Period – 6 months
of collusion between the contending period designed to give the parties
parties is not fatal to the validity of enough time to further contemplate
the proceedings in the trial court. their positions with the end in view
(Tuason vs. CA, GR 116607, April 10, of attaining reconciliation between
1996) them.
 The enumeration in Article 55
RULE ON DECLARATION OF ABSOLUTE regarding legal separation is
NULLITY OF VOID MARRIAGES AND EXCLUSIVE. (Lacson vs. San Jose-
ANNULMENT OF VOIDABLE MARRIAGES Lacson)
Lacson)
(A.M. 00-11-01-SC)
 took effect on March 15, 2003 Grounds for denial of petition:
 this Rule shall govern petitions for (CCCC-MP-DR)
declaration of absolute nullity of a. Condonation -NOTE: failure of the
void marriages and annulment of husband to look for his adulterous
voidable marriages under the Family wife is NOT condonation to wife's
Code of the Philippines. adultery. (Ocampo
(Ocampo vs. Florenciano)
Florenciano )
 the Rules of Court has suppletory b. Consent
application c. Connivance
 for a more comprehensive discussion d. Collusion
on the procedural aspects of the e. Mutual Guilt
Rule, please refer to the Remedial f. Prescription
Law Memory Aid. g. Death of either party during the
pendency of the case (Lapuz-Sy
(Lapuz-Sy vs.
LEGAL SEPARATION Eufemio)
 Grounds: (SAMBA-LIPAD) h. R econciliation
econciliation of the spouses during
1. repeated physical violence or grossly the pendency of the case
abusive conduct directed against the
petitioner, a common child, or a Effects of filing
filing petition:
child of the petitioner a. The spouses shall be entitled to live
2. attempt of the respondent to separately from each other.
corrupt or induce the petitioner, a b. The husband shall have no more
common child, or a child of the right to have sexual intercourse with
petitioner, to engage in his wife.
prostitution, or connivance in such c. In the absence of an agreement
corruption or inducement between the parties, the court shall
3. attempt by the respondent against designate the husband, the wife, or
the life of the petitioner a 3rd person to manage the absolute
4. final judgment sentencing the community or conjugal partnership
respondent to imprisonment of more property.
than 6 years even if pardoned
5. drug addiction or habitual
alcoholism of the respondent

Ethics)
13
of decree of legal separation:

Effects of decree 3. render mutual help & support
a. The spouses shall be entitled to live 4. f ix
ix the family domicile
separately from each other but the 5. joint responsibility for the support of
marriage bond is not severed. the family
b. The absolute community or conjugal 6. management of the household
partnership shall be dissolved and
liquidated. Exercise of Profession
c. The custody of the minor children Husband & wife
shall be awarded to the innocent can engage in any lawful enterprise or
spouse subject to the provisions of profession without the consent of the
Art. 213 of the Code. other.
d. The offending spouse shall be Upon objection of the
disqualified from inheriting from the other spouse only on valid, serious and
innocent spouse by intestate moral grounds, may the former’s consent
succession and the provisions in be necessary.
favor of the offending spouse made
in the will of the innocent spouse Property Relations Between Husband &
shall be revoked by operation of law. Wife
e. The innocent spouse may revoke the  Governed by:
donations made by him/her in favor 1. marriage settlements executed
of the offending spouse, as well as before the marriage or antenuptial
the designation of the latter as agreements
beneficiary in any insurance policy, 2. provisions of the Family Code
even if the designation be 3. local customs (when spouses
irrevocable. repudiate absolute community)
Effects of Reconciliation of the MARRIAGE SETTLEMENTS

Spouses:  It is a contract entered into by the
a. The legal separation proceedings, if future spouses fixing the
still pending, shall thereby be matrimonial property regime that
terminated at whatever stage. should govern during the existence.
b. The final decree of legal separation
shall be set aside, but the separation  Requisites:
of property and any forfeiture of 1. made before celebration of marriage
share of the guilty spouse already 2. in writing (even modifications)
effected shall subsist, unless the 3. signed by the parties
spouses agree to revive their former 4. not prejudice third persons unless
property regime. registered in the civil registry
5. to f ix
ix terms and conditions of their
RULE ON LEGAL SEPARATION property relations
(A.M. 02-11-11-SC) 6. additional signatories
 took effect on March 15, 2003 a. 18-21: parents
 this Rule shall govern petitions for b. civil interdictees & disabled:
legal separation under the Family guardian
Code in the Philippines; the Rules of
Court shall apply suppletorily  Not applicable when:
 please refer to the Remedial Law 1. both spouses are aliens, even if
Memory Aid for the procedural married in the Philippines
provisions of the Rule 2. as to extrinsic validity of contracts
3. contrary stipulation
MARITAL RIGHTS AND OBLIGATIONS
(JL-FORM) DONATIONS BY REASON OF MARRIAGE
1. live together  Requisites: (COBB)
2. observe mutual love, respect & 1. made before celebration of marriage
fidelity 2. in consideration of marriage
CIVIL LAW COMMITTEE

3. in favor of one or both future void. This is so because it is more in

spouses keeping with Filipino culture.
Community property
BASES DONATIONS ORDINARY shall consist of all property owned by the
PROPTER DONATIONS spouses at the time of the marriage or
NUPTIAS acquired thereafter.
Formalities Governed by the Governed EXCEPTIONS: (BEG)
rules on ordinary by rules on 1. property acquired before the
donations except donations marriage by either spouse who
that if future (Arts. 725- has legitimate descendants by a
property is 773, NCC)
donated, it must former marriage
conform with 2. property for personal and
formalities of wills exclusive use except jewelry
Present ay be donated but No limit 3. property acquired during the
Property up to 1/5 of except that marriage by gratuitous title,
donor’s present donor shall except when the donor, testator
property leave or grantor expressly provides
property
otherwise
enough for his
support NOTE: No waiver of rights allowed
Future ay be included Cannot be during the marriage except in case of
roperty provided donation included judicial separation of property. The
is mortis causa waiver must be in a public instrument.
Administration of the community

rounds rt. 86, FC Arts. 760, property
or 764, & 765, It shall belong to both
revocation NCC spouses jointly.
Rule on Donation Between Spouses 1. In case of disagreement ,

During Marriage husband’s decision shall prevail.
VOID, either direct or 2. In case one spouse is
indirect donation incapacitated or unable to
participate in the administration
moderate gifts on occasions of
1. of the common properties, other
family celebrations spouse may assume sole powers.
2. donations mortis causa NOTE: These powers do not
NOTE: This rule also applies to include:
common-law spouses. ( Article 87, Family a. Disposition
Code)
Code) b. encumbrance
Grounds for Revocation (VIRAL-CN) NOTE: Any alienation or encumbrance is

1. marriage Not celebrated or declared void if without the written consent of
Void ab initio except those made in the other spouse
marriage settlements
2. marriage without parental Consent Rule on Game of Chance
3. marriage is Annulled and donee is in  LOSS: Shall be borne by the loser-
bad faith spouse and shall not be charged to
4. upon Legal separation, the donee the community property
being the guilty spouse  WINNINGS: Shall form part of the
5. complied R esolutory
esolutory condition community property
6. donee commits acts of Ingratitude
Steps in Liquidation of AC: (IP-DDP)
SYSTEM OF ABSOLUTE COMMUNITY (AC) 1. Inventory
 The property regime of the spouses
a. Inventory of Community Property
in the absence of a marriage b. Inventory of separate property of
settlement or when the marriage is the wife

Ethics)
15
c. Inventory of separate property of 2. Accession – if the cost of the

the husband improvement of the plus value is
2. Payment of Community Debts equal to or less than the value of the
 First, pay
First, pay out of community assets
assets, if not principal property at the time of the
enough, husband and wife are solidarily
improvement, the entire property
liable
3. Delivery to each spouse his/her becomes the exclusive property of
separate property if any the spouse.
4. Division of the net community assets
5. Delivery of presumptive legitimes, if Steps In Liquidation Of CP: (DIRDO-DIP)
any, to the children 1. Inventory of the Conjugal
Partnership of Gains assets
2. R estitution
estitution of advances made to
CONJUGAL PARTNERSHIP OF GAINS (CP)
each spouse
 It is that formed by a husband and
3. Payment of debts to each spouse
wife whereby they place in a 4. Payment of obligations to third
common fund the fruits of their parties
separate property, and the income 5. Delivery of exclusive properties
from their work or industry, the 6. Payment of losses and deterioration
same to be divided between them of movables belonging to each
equally (as a general rule) upon the spouse
dissolution of the marriage or the 7. Delivery of presumptive legitimes
partnership. 8. Division of the net conjugal
partnership properties
Conjugal Partnership Property: (LC2
FONT) NOTE: Property bought on installments
1. obtained from labor, industry, work paid partly from exclusive funds of the
or profession spouses and partly form conjugal funds:
2. acquired by chance a. If full ownership was vested
3. acquired during the marriage with before the marriage – it shall
conjugal funds belong to the buyer-spouse
4. f ruits
ruits of the conjugal property b. If full ownership was vested
5. acquired through occupation during the marriage - it shall
6. net fruits of their exclusive property belong to the conjugal
7. share of either spouse in hidden partnership
treasure
Charges Upon and Obligations Of AC
Exclusive Property Of Each Spouse: and CP:
(OGRE) 1. Support for family except for
1. that which is brought to the illegitimate children of either
marriage as his/her own spouse;
2. acquired during the marriage by 2. Debts and obligations which must
gratuitous title have been contracted:
3. acquired by right of redemption, a. by administrator-spouse for the
barter or exchange with property benefit of the family;
belonging to either spouse b. by both spouses; or
4. purchased with exclusive money of c. by one spouse with the consent
either spouse of the other;
3. Debts and obligations without
Rules In Cases Of Improvement Of marital consent provided the family
Exclusive Property was benefited;
1. Reverse Accession – if the cost of the 4. All taxes, liens, charges and
improvement and the plus value is expenses including major or minor
more than the value of the principal repairs upon the community or
property at the time of the conjugal property;
improvement, the property becomes
conjugal
CIVIL LAW COMMITTEE

NOTE: However, in conjugal view would put in peril the conjugal

partnership, actual use need not be partnership property by allowing it
proved because it is presumed
is presumed . to be given gratuitously as in cases
5. All taxes and expenses for mere of donation of conjugal partnership
preservation made during the property, which is prohibited. (Ayala
marriage upon the exclusive Investment Corp. vs. CA)
property of either spouse used by
the family; Grounds For Termination Of Absolute
6. Expenses for education or self- Community And Conjugal Partnership:
improvement of either spouse; (LADS)
7. Ante-nuptial debts of either spouse 1. decree of legal separation
insofar as they have redounded to 2. annulment or declaration of nullity
the benefit of the family; of marriage
8. The value of what is donated or 3. death of either spouses
promised by both spouses in favor of 4. judicial separation of property
their common legitimate children for
education or self-improvement; and REGIME OF SEPARATION OF PROPERTY
9. Expenses of litigation between  Causes: (CLAAPS)
spouses unless found to be groundless. a. petitioner’s spouse has been
sentenced with a penalty which
NOTES: carries with it civil interdiction;
 The separate properties shall be b. loss of parental authority of the
solidarily and subsidiarily liable for petitioner’s spouse as decreed by
the obligations if the community or the court;
conjugal properties are insufficient. c. petitioner’s spouse has been
 The absolute community property judicially declared an absentee;
shall also be liable for ante-nuptial d. abandonment by the petitioner’s
debts mentioned above, support of spouse and failure to comply with
illegitimate children, and liabilities the obligations to the family;
incurred by either spouse by reason e. spouse granted power of
of a crime or quasi-delict in case of administration in marriage
insolvency of the exclusive property settlement abused such power; and
of the debtor-spouse. Payment of f. at the time of the petition, spouses
which shall be advanced by the are separated in fact for at least 1
absolute community property, year and the possibility for
subject to deduction from the share reconciliation is highly improbable.
of the debtor-spouse.
 The conjugal partnership property
NOTE: The spouses contribute to the
shall likewise be liable for the family expenses proportionately with
payment of the personal debts of their income and the value of their
either spouse insofar as they have properties. However, the liability of the
redounded to the benefit of the spouses to the creditors for family
family. expenses is solidary .
 Indirect benefits that might accrue
to a husband in his signing a surety PROPERTY REGIME OF UNIONS
or guarantee agreement not in favor WITHOUT MARRIAGE
of the family but in favor of his Art. 147 Art. 148
employer corporation are not the Applica- 1. Without 1. With legal
benefits that can be considered as bility legal impediment to
impediment to marry
giving a direct advantage accruing to
marry 2. Adulterous
the family. Hence, the creditors 2. Void relationships
cannot go against the conjugal marriages due 3. Bigamous or
partnership property of the husband to absence of polygamous
in satisfying the obligation subject of formal marriages
the surety agreement. A contrary requisite 4. Incestuous

Ethics)
17
void marriages of waiver by bad faith is

under Art. 37 any or all of not validly
5. Void the common married to
marriages by children or another or if
reason of their both parties
public policy descendants, are in bad
under Art. 38 in favor of faith, such
Salaries & Owned in Separately the innocent share shall be
Wages equal shares owned by the party. forfeited in
parties the manner
provided in
Property Belongs to such Belongs to the last
Acquired party provided such party paragraph of
Exclusively there is proof Article 147.
by Either that he/she
Party acquired it by NOTE: Under Art. 148, only the
exclusive funds properties acquired by both of the
parties through their actual joint
Property Governed by Owned by contribution of money, property or
Acquired the rules on them in
industry shall be owned by them in
by Both co- common in
Parties ownership proportion to proportion to their respective
their contributions. It must be stressed that
respective actual contribution is required by this
contributions provision, in contrast to Art. 147 which
Presump- Presumption No state that efforts in the care and
tion ( prima
prima of joint presumption maintenance of the family and
facie)
facie) acquisition of joint household, are regarded as contributions
and equal acquisition. to the acquisition of common property
sharing as to When there is
by one who has no salary or income or
property evidence of
acquired joint
work or industry. If the actual
while they acquisition but contribution of the party is not proved,
live none as to the there will be no co-ownership and no
together. extent of presumption of equal shares. (Agapay
actual vs. Palang). Hence, mere cohabitation
contribution, without proof of contribution will not
there is a result in a co-ownership. (Tumlos vs.
presumption Fernandez).
of equal
sharing.
THE FAMILY
Forfeiture When only If one of the
 Basic social institution which public
one of the parties is
parties is in validly married policy cherishes and protect hence,
good faith, to another, no suit between members of the
the share of his/her share family shall prosper unless the
the party in in the co- compromise between the parties
bad faith in ownership have failed
the co- shall accrue to
ownership the absolute
shall be community or
1. between husband and wife
forfeited: conjugal
a. in favor partnership
2. between parents and children
of their existing in 3. among ascendants and
common such valid descendants
children; or marriage. 4. among brothers and sisters
b. in default If the party whether full or half-blood
of or in case who acted in
CIVIL LAW COMMITTEE

FAMILY HOME has become final & executory

The family home is 4. Conceived or born of subsequent
exempt from execution, forced sale or marriage under Art. 53
attachment. 5. Of mothers who may have
(PLMN) declared against its legitimacy or
1. debts incurred prior to was sentenced as an adultress
constitution 6. Legally adopted
2. debts due to laborers, 7. Legitimated, conceived and born
mechanics, architects, builders, outside of wedlock of parents
material men and others who without impediment at the time
have rendered service or of conception and had
furnished materials for the subsequently married
construction of the building
3. debts secured by mortgages Illegitimate Children
4. non-payment of taxes Those conceived and
born outside a valid marriage are
 Guidelines: illegitimate.
1. deemed constituted from time of Children who are:
actual occupation as a family 1. born of marriages which are
residence void ab initio such as bigamous
2. must be owned by person and incestuous marriages and
constituting it marriage was declared void for
3. must be permanent being contrary to law and public
4. rule applies to valid and voidable policy
and even to common-law spouses 2. of voidable marriages born after
under Articles 147 and 148 the decree of annulment
5. continues despite death of one or
more spouses or unmarried head of Rules on Impugning Legitimacy
the family for 10 years, or as long as A. Grounds (PBA)
a minor beneficiary lives 1. physical impossibility of the husband
6. can constitute one (1) family home to have sexual intercourse with his
only wife within the 1 st 120 days of the
300 days immediately preceding the
PATERNITY AND FILIATION child’s birth, due to:
a. physical incapacity of the
Rule on Children Conceived as a Result husband;
of Artificial Insemination b. husband and the wife were living
 Status is legitimate child , provided separately; or
both husband and wife authorized or c. serious illness of the husband
ratified the insemination in a written which absolutely prevented
instrument which they executed and sexual intercourse
signed before the birth of the child 2. biological or scientific proof that the
child could not have been that of the
Legitimate Children husband; and
Only those who 3. written authorization or ratification
are conceived or born during a valid of either parent for artificial
marriage insemination was obtained through
(CAVALAC) mistake, fraud, violence,
Those children who are intimidation or undue influence.
1. Conceived as a result of artificial
insemination B. Prescriptive periods
2. Born of a voidable marriage 1. one year , from knowledge of birth or
before decree of annulment recording in the civil register, if
3. Conceived or born before husband or heirs lives in the SAME
judgment of annulment or city/municipality
absolute nullity under Art. 36 2. two years,
years, if resides in the Phils.

Ethics)
19
3. three years,
years, if abroad 1. Open and continuous possession of the
status of a legitimate or illegitimate
C. Parties child;
Only the husband may 2. Any other means allowed by the Rules
impugn of Court and special laws.
The heirs, if the husband
dies before the end of the prescription NOTES:
of the action, or after filing complaint,  Continuous does not mean that the
or child was born after death concession of status shall continue
forever but only that it shall not be
NOTE: The question of legitimacy cannot of an intermittent character while it
be collaterally attacked, it can be is continuous. The possession of such
impugned only in a direct action. status means that the father has
treated the child as his own, directly
Rule on the Status of Children born and not through others,
after 300 days following Termination of spontaneously and without
Marriage concealment though without
A. Requisites (TS-WBN) publicity. There must be a showing
1. first marriage terminated of permanent intention of the
2. mother contracted subsequent supposed father to consider the child
marriage as his own by continuous and clear
3. subsequent marriage was contracted manifestation of paternal affection
within 300 days after termination of and care. (Mendoza vs. CA). The
previous marriage paternal affection and care must not
4. child was born be attributed to pure charity. “Such
5. no evidence as to status of child acts must be of such a nature that
they reveal not only the conviction
B. Rules as to whom the child belongs of paternity, but also the apparent
1. to first marriage,
marriage , if child was born desire to have and treat the child as
before the lapse of 180 days after such in all relations in society and in
celebration of 2 nd marriage provided life, not accidentally, but
born within 300 days after continuously.”
continuously.” (Jison vs. CA)
st
termination of the 1 marriage.  The SC in Lim vs. CA, CA, ruled that
2. to second marriage,
marriage , if child was born petitioner was the father of his
after 180 days following celebration illegitimate children because the
of 2nd marriage whether born within evidences convincingly show this.
300 days after termination of 1 st Hence, it was the petitioner who
marriage or afterwards. paid the bills for the hospitalization
of the mother when she gave birth.
Proof of Filiation He was the one who caused the
: Filiation of legitimate registration of the name of the child
(or illegitimate) children is established using his surname in the birth
by any of the following: certificate. He also wrote
1. The record of birth appearing in the handwritten letters to the mother
civil registrar or a final judgment and the child stating his promise “to
2. An admission of legitimate (or be a loving and caring husband and
illegitimate) filiation in a public father to both of you.” There were
document or a private handwritten also pictures of the petitioner on
instrument and signed by the parent various occasions cuddling the child.
concerned.  In view of the fact that filiation may
: In the absence of any of be proved by “any means allowed
allow ed by
the foregoing evidence, such legitimate the Rules of Court and special laws”
or illegitimate filiation shall be proved this may consist of baptismal
by: certificate, a judicial admission, a
family bible in which his name has
CIVIL LAW COMMITTEE

been entered, common reputation 2. when an admission in a public

respecting his pedigree, admission document or private handwritten
by silence, the testimony of instrument is made by the father
witnesses and such other kinds of
proof admissible under Rule 130 of LEGITIMATION
RC. (Mendoza vs. CA) For a baptismal  Requisites: (NIM)
certificate to be proof of filiation a. The child is illegitimate
under the Rules of Court, it must be b. The parents at the time of the
shown that the father therein child’s conception are not
participated in the preparation of disqualified from marrying each
the same. A birth certificate not other
signed by the alleged father c. There is a valid marriage subsequent
indicated in said certificate is not to the child’s birth
competent evidence of paternity.
(Fernandez vs. CA) ADOPTION
 Proof of filiation of petitioners to A. Domestic Adoption Act of 1998
the late Enrique Baluyut is not (R.A. NO. 8552)
sufficient to confer upon them any
hereditary right in the estate of the Who may adopt: (LPG-CANE)
deceased. What is necessary to be 1. Filipino Citizen :
established by an illegitimate not a. of legal age
natural child in order that he may be b. in a position to support and care
entitled to successional rights under for his/her children in keeping
Art 887 of NCC, is not the fact of his with the means of the family
bare filiation but a filiation c. good moral character
acknowledged by the putative d. in possession of full civil
parent.(Baluyut
parent.(Baluyut vs. Baluyut) capacity or legal rights
e. at least 16 years older than the
Rights of the Children adoptee, except when:
LEGITIMATE ILLEGITIMATE 1) adopter is the biological
Use of father & Use of mother‘s parent of the adoptee
mother’s surname surname 2) adopter is the spouse of the
NOTE: However, RA adoptee’s parent
9255 amended f. has not been convicted of any
Article 176, FC crime involving moral turpitude
Receive support Receive support g. emotionally and psychologically
from parents according to FC capable of caring for children
Entitled to the Legitime is ½ of the
legitime & other legitime of a
successional
successional rights legitimate child
2. Alien:
a. same qualifications as a Filipino
b. country has diplomatic relations
R.A. No. 9255
with the Phil.
 An Act Allowing Illegitimate Children
c. has been living in the Phil. for at
to use the surname of their Father,
least three (3) continuous years
amending for the purpose Article 176
prior to the application for
of EO No. 209, otherwise known as
adoption and maintains such
the "FAMILY CODE OF THE
residence until the adoption
PHILIPPINES":
decree is entered, except when
 Approved February 24, 2004
1) former Filipino citizen who
seeks to adopt a relative
Illegitimate children may use the
within the 4 th degree of
surname of their father if:
consanguinity
consanguinity or affinity
1. their filiation has been expressly
2) one who seeks to adopt the
recognized by the father through the
legitimate or illegitimate
record of birth appearing in the civil
child of his/her Filipino
register, or
spouse

Ethics)
21
3) one who is married to a parents have died, provided that no

Filipino citizen and seeks to proceedings shall be initiated within
adopt jointly with his/her 6 months from the time of death of
spouse a relative within the said parents
4th degree of consanguinity
or affinity of the Filipino Consent in Adoption (BAILAS)
spouse
d. certified to have legal capacity is required in the following cases:
to adopt by his/her diplomatic or 1. the adoptee, if 10 years of age or
consular office over
e. certified by said office that his 2. biological parents or government
government allows the adoptee instrumentality
to enter his/her country as 3. the legitimate/adopted children, 10
his/her adopted child years old or over, of the adopter and
adoptee
3. Guardian – with respect to the ward 4. the illegitimate children, 10 years
after termination of the guardianship old or over, of the adopter if living
and clearance of his/her financial with the adopter and the latter's
accountabilities spouse
5. spouse of the adopter and adoptee
Pre-Adoption Services
 the DSWD shall provide for the Effectivity of Decree of Adoption
following services:
a. counselling services for the  a decree of adoption shall be
biological parents, prospective effective as of the date the original
adoptive parents and prospective petition was filed. It applies also in case
adoptee the petitioner(s) dies before the issuance
b. exhaust all efforts to locate the of the decree of adoption to protect the
biological parents, if unkown interest of the adoptee.
Rule on Adoption by Spouses NOTE: Where the petition for adoption

The husband and the was granted after the child had shot and
wife shall JOINTLY adopt. killed a girl, the SC did not consider the
retroactive effect to the decree of
1. one spouse seeks to adopt the adoption so as to impose a liability upon
legitimate child of the other the adopting parents accruing at the
2. one spouse seeks to adopt time when the adopting parents had no
his/her own illegitimate child actual or physical custody over the
3. the spouses are legally separated adopted child. Retroactive effect may
perhaps be given to the granting of the
Who may be adopted: petition for adoption where such is
1. any person below 18 years of age essential to permit the accrual of some
who has been voluntarily committed benefit or advantage in favor of the
to the DSWD under P.D. 603 or adopted child. To hold that parental
judicially declared available for authority had been retroactively lodged
adoption in the adopting parents so as to burden
2. legitimate stepchild them with liability for a tortious act that
3. illegitimate stepchild they could not have foreseen and which
4. qualified adult, who, prior to the they could have prevented would be
adoption, has been consistently unfair and unconscionable. (Tamargo vs.
considered by the adopter as his/her CA 209 S 518)
own child since minority;
5. child whose adoption has been Effects of Adoption: (SAL)
previously rescinded 1. Severance of legal ties between the
6. child whose biological or adoptive biological parents and the adoptee
CIVIL LAW COMMITTEE

and the same shall be vested in the outside the Philippines.

adopters.
if the biological parent Who may be adopted:
is the spouse of the adopter a. Only a “legally-
“legally-free child” may be
2. Adoptee shall be considered as a the subject of inter-country adoption
legitimate child of the adopter(s) for NOTE: “Legally - free
free Child” - a child
all intents and purposes. who has been voluntarily or involuntarily
3. In legal or intestate succession, the committed to the DSWD of the
adoptee and the adopter(s) shall Philippines, in accordance with the Child
have reciprocal rights of succession Youth and Welfare Code.
without distinction from legitimate b. No child shall be matched to a
filiation. However, if there is a will, foreign adoptive family unless it is
the rules on testamentary succession satisfactorily shown that the child
shall be followed. cannot be adopted locally.
Rescission of Adoption Who may adopt:

 Grounds: (ASAR)  Any alien or Filipino citizen
1. attempt on the life of the adoptee permanently residing abroad may
2. sexual assault or violence file an application for inter-country
3. abandonment and failure to comply adoption of a Filipino child if he/she:
with parental obligations 1. is at least 27 years of age and at
4. repeated physical or verbal least 16 years older than the child
maltreatment by the adopter to be adopted, at the time of the
application unless the adopter is the
NOTES: parent by nature of the child to be
 Only the adoptee is given the right adopted or the spouse of such
to rescind the decree of adoption parent
 The adopter can NOT rescind the 2. if married,
married, his/her
his/her spouse must
must
decree of the adoption but he or she jointly file for the adoption
may disinherit the adoptee. 3. has the capacity to act and assume
all rights and responsibilities of
 Effects: parental authority under his
a. Parental authority of adoptee’s national laws, and has undergone
biological parents or legal custody of the appropriate counselling from an
DSWD shall be restored if
restored if adoptee is still accredited counsellor in his/her
a minor or incapacitated. country
b. Reciprocal rights and obligations 4. has not been convicted of a crime
of the adopter(s) and the adoptee to involving moral turpitude
each other shall be extinguished . 5. is eligible to adopt under his/her
c. The amended certificate of birth national law
of the adoptee shall be cancelled and its 6. is in a position to provide the
original shall be restored. proper care and support and to give
d. Succession rights shall revert to the necessary moral values and
its status prior to the adoption, but example to all his children,
vested rights shall not be affected. including the child to be adopted
7. agrees to uphold the basic rights of
B. Inter-Country Adoption Act of 1995 the child as embodied under
(R.A. No. 8043) Philippine laws, the U.N.
Convention on the Rights of a Child,
Inter-Country Adoption and to abide by the rules and
 The socio-legal process of adopting a regulations issued to implement the
Filipino child by a foreigner or a Filipino Inter-Country Adoption Act
citizen permanently residing abroad 8. comes from a country with whom
where the petition is filed, the the Philippines has diplomatic
supervised trial custody is undertaken, relations and whose government
and the decree of adoption is issued maintains a similarly authorized and

Ethics)
23
accredited agency and that citizenship/naturalization whenever

adoption is allowed under his/her applicable, shall be transmitted by
national laws the foreign adoption agency to the
9. possesses all the qualifications and Board within 1 month after its
none of the disqualifications under issuance.
the Inter-Country Adoption Act and
other applicable Philippine laws NOTE: For a comprehensive discussion of
the procedural aspects of adoption,
Inter-Country Adoption Board please refer to A.M. No. 02-06-02-SC or
 acts as the central authority in the Remedial Law Memory Aid
matters relating to inter-country
adoption. SUPPORT
 The Board shall ensure that all  everything indispensable for
possibilities for the adoption of the sustenance, dwelling, clothing,
child under the Family Code have medical attendance, education and
been exhausted and that inter- transportation in keeping with the
country adoption is in the best financial capacity of the family
interest of the child.
Kinds: (LJC)
Trial Custody: 1. Legal – that which is required or
 6 months from the time of given by law
placement 2. Judicial – required by the court to be
1. starts upon actual physical transfer given whether pendente lite or in a
of the child to the applicant who, as final judgment
actual custodian, shall exercise 3. Conventional – given by agreement
substitute parental authority over
the person of the child. Characteristics: (PIN-ERV)
2. the adopting parent(s) shall submit 1. Personal
to the governmental agency or 2. Intransmissible
authorized and accredited agency, 3. Not subject to waiver or
which shall in turn transmit a copy compensation
to the Board, a progress report of 4. Exempt from attachment or
the child’s adjustment. execution
5. R eciprocal
eciprocal on the part of those who
NOTES: are by law bound to support each
 If the pre-adoptive relationship is other
found unsatisfactory by the child or 6. Variable
the applicant or both, or if the
foreign adoption agency finds that Persons obliged to support each other:
the continued placement of the child 1. spouses
is not in the child’s best interest, 2. legitimate ascendants and
said relationship shall be suspended descendants
by the Board and the foreign 3. parents and their legitimate children
adoption agency shall arrange for and the legitimate and illegitimate
the child’s temporary care. children of the latter
 If a satisfactory pre-adoptive 4. parents and their illegitimate
relationship is formed between the children and the legitimate and
applicant and the child, the Board illegitimate children of the latter
shall submit the written consent to 5. legitimate brothers and sisters
the adoption to the foreign adoption whether full or half-blood
agency within 30 days after receipt
of the latter’s request. NOTE: Support shall be in proportion to
 A copy of the final decree of the resources or means of the giver and
adoption of the child, including to the necessities of the recipient.
certificate of
CIVIL LAW COMMITTEE

Order of liability if several persons are When the court finds

obliged to give support: compelling reason to order otherwise.
1. spouse NOTE: Paramount consideration in
2. descendants in the nearest degree matters of custody of a child is the
3. ascendants in the nearest degree welfare and well-being of the child.
4. brothers and sisters (Tonog vs. CA)
CA )
NOTES: Persons Exercising Substitute PA:

 When the obligation to give support 1. surviving grandparent
falls upon 2 or more persons 2. oldest brother or sister over 21 years
payment shall be divided between of age unless unfit or disqualified
them in proportion to the resources 3. actual custodian unless unfit or
of each, but in case of urgent need disqualified
and special circumstances, the court
may order one of them to furnish the Persons Exercising Special PA:
support provisionally subject to the 1. school
right to claim from the other 2. administrators and teachers
obligors the share due them 3. individual, entity or institution
 When two or more recipients at the engaged in child care
same time claim for support and the
obligor does not have sufficient NOTES:
means to satisfy all claims:  Parental authority and responsibility
a. the order of liability provided by are inalienable and may not be
law shall be followed transferred and renounced except in
b. if the concurrent obligees should cases authorized by law.
be the spouse and child subject  Parents may exercise parental
to parental authority, the child authority over their child’s propert y
shall be preferred
Kinds of Properties of a Minor
PARENTAL AUTHORITY (PA) ADVENTITIOUS PROFECTITIOUS
1. earned or acquired 1. property given by
Rules as to the exercise of PA: by the child through the parents to the
his work or industry by child for the latter to
1. The father and the mother shall onerous or gratuitous administer
JOINTLY exercise parental authority title
over the persons of their common 2. owned by the child 2. owned by the
children. In case of disagreement, parents
3. child is also the 3. parents are the
the father’s decision shall prevail
usufructuary, but the usufructuary
UNLESS there is a judicial order to child’s use of the
the contrary property shall be
2. If the child is illegitimate, parental secondary to the
collective daily needs
authority is with the mother.
of the family
4. property 4. property
Parental Preference Rule administered by the administered by the
 the natural parents, who are of good parents child
character and who can reasonably
provide for the child are ordinarily Termination of PA
entitled to custody as against all PERMANENT TEMPORARY
persons 1. death of the 1. adoption of the
parents child
Rule in case of legal separation of 2. death of the 2. appointment of a
parents: child general guardian
3. emancipation of 3. judicial
 parental authority is exercised by
the child declaration of
the parent designated by the court. 4. subjected child abandonment
LE: No child under 7 years to sexual abuse 4. final judgment
of age shall be separated from the
mother.

Ethics)
25
divesting the 1. The petitioner finds the first name

parents of parental or nickname to be ridiculous, tainted
authority with dishonour or extremely difficult
5. judicial to write or pronounce
declaration of
2. The new first name or nickname has
absence or inca-
pacity of the
been habitually and continuously
parents exercising used by the petitioner and he has
parental authority been publicly known by that first
over the child name or nickname in the community
3. The change will avoid confusion
Grounds for suspension of PA (CHOBAN)
1. conviction of a crime with the NOTE: Please refer to Remedial Law
penalty of civil interdiction Memory Aid for a comprehensive
2. harsh or cruel treatment against the discussion of the procedural aspects of
child change of name.
3. orders, counsel and example which
are corrupting, given by the person ABSENCE
exercising authority
4. begging is compelled of the child DECLARATION OF ABSENCE
5. acts of lasciviousness, allowed for WITHOUT WITH
the child to be subjected to, or ADMINISTRATOR ADMINISTRATOR
himself subjects the child to 2 years from the 5 years from the
6. negligence, which is culpable, lapse of time without lapse of time without
committed by the person exercising news about the news about the
authority absentee or since the absentee or since the
receipt of the last receipt of the last
news news
FUNERALS
PRESUMPTION OF DEATH
1. duty and right to make arrangement
in funerals in accordance with
ORDINARY EXTRAORDINARY/
Article 199, FC
ABSENCE QUALIFIED
2. the funeral shall be in keeping with
ABSENCE
the social position of the deceased
3. the funeral shall be in accordance a. 7 YEARS, person For all purposes
with the expressed wishes of the presumed dead for all including those of
deceased purposes except for opening succession, a
a. in the absence of the expressed those of opening period of 4 YEARS, and
wishes, his religious beliefs or succession for purposes of
affiliation shall determine b. 10 YEARS, person remarriage of the
presumed dead for spouse present, a
b. in case of doubt, the persons in purposes of opening period of 2 YEARS, is
Article 199, FC shall decide succession except if he sufficient under the
4. any person who disrepects the dead disappeared after the following
or allows the same shall be liable for age of 75, in which circumstances:
damages case, a period of 5 a. person on board a
years is sufficient vessel lost during a sea
c. 4 YEARS, person voyage or an aeroplane
Grounds for Change of First Name or presumed dead for which is missing;
Nickname under R.A. No. No. 9048 (An act purposes of remarriage period is counted from
authorizing City or Municipal Civil of the spouse present the loss of the vessel
Registrar or the Consul General to or aeroplane
Correct a Clerical or Typographical Error b. person in the armed
forces who has taken
in an Entry and/or Change of First Name part in war
or Nickname in the Civil Registrar c. person in danger of
Without need of a Judicial Order, death under other
Amending for this Purpose Articles 376 circumstances and his
and 412 of the Civil Code)) existence has not been
known
CIVIL LAW COMMITTEE


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1

MEMORY AID IN CIVIL LAW

PERSONS AND FAMILY RELATIONS

I. NEW CIVIL CODE

Ignorance of the law excuses no one 1. If the waiver is contrary to law,

CIVIL LAW COMMITTEE

 nationality rule applies Covers Covers both Covers only

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CIVIL LAW

NOTE: The elements of an abuse of right  The SC in Pe vs. Pe,

NOTE: Art. 21 deals with acts contra  While a breach of promise to

CIVIL LAW COMMITTEE

Inherent Merely acquired

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CIVIL LAW

Presumption of survivorship Cessation of Civil Personality

CIVIL LAW COMMITTEE

the solemnizing officer, with their NO marriage license is required by

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CIVIL LAW

CIVIL LAW COMMITTEE

intention to marry the other, killed Psychological Incapacity

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CIVIL LAW

prosecuting attorney or fiscal and When the following

CIVIL LAW COMMITTEE

is danger of death under authority over the party, in that

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CIVIL LAW

Ground Persons Prescripti comes first may convalidate the

. Insanity (a) sane (a) anytime Requisites for annulment due to

CIVIL LAW COMMITTEE

with danger of collusion. If the 6. lesbianism or homosexuality of the

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CIVIL LAW

of decree of legal separation:

Effects of Reconciliation of the MARRIAGE SETTLEMENTS

CIVIL LAW COMMITTEE

3. in favor of one or both future void. This is so because it is more in

Administration of the community

Rule on Donation Between Spouses 1. In case of disagreement ,

Grounds for Revocation (VIRAL-CN) NOTE: Any alienation or encumbrance is

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CIVIL LAW

c. Inventory of separate property of 2. Accession – if the cost of the

CIVIL LAW COMMITTEE

NOTE: However, in conjugal view would put in peril the conjugal

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CIVIL LAW

void marriages of waiver by bad faith is

CIVIL LAW COMMITTEE

FAMILY HOME has become final & executory

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CIVIL LAW

CIVIL LAW COMMITTEE

been entered, common reputation 2. when an admission in a public

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

MEMORY AID IN CIVIL LAW

3) one who is married to a parents have died, provided that no

Rule on Adoption by Spouses NOTE: Where the petition for adoption

CIVIL LAW COMMITTEE

and the same shall be vested in the outside the Philippines.

Rescission of Adoption Who may adopt: