Persons and Family Relations Reviewer
Verga
PERSONS AND FAMILY RELATIONS REVIEWER
CIVIL CODE OF THE PHILIPPINES (R.A. 386)
Art 1. This Act shall be known as the Civil Code of the Philippines
- E.O. 48 of March 20, 1947
- Roxas Code Commission
- Dr. George Bacobo (chairman)
- January 26, 1949 (passed by Congress)
Art. 2. Laws shall take effect after 15 days following the completion of their
publication in the Official Gazette, unless it is otherwise provided. This
Code shall take effect 1 year after publication.
- Aug. 30, 1950 (took effect)
- EO 200 (Aquino)  laws to be effective must be published either in the
Official Gazette or in a newspaper of general circulation in the country.
(Tañada v Tuverapublication not to be in Official Gazette because of
its erratic release and limited readership)
- Intended to enable people to become familiar with the statute
- Must be in full
- Publication is an indispensable requirement, absence of which will
render the law ineffective.
- “unless otherwise provided” (refers to 15day period, not publication
Art. 3. Ignorance of the law excuses no one from compliance therewith.
- applies only to mandatory and prohibitory laws
Art. 4. Laws shall have no retroactive effect, unless the contrary is provided
- Law looks to the future.
- Instances when a law may be given a retroactive effect:
o When the law expressly provides for retroactivity (insofar as it
does not prejudice or impair vested or acquired rights in
accordance with the Civil Code or other laws)
o Curative or remedial (curing defects or adding to the means
of enforcing existing obligations). RULE: If the irregularity
consists in doing some act, or doing it in the mode which the
legislature might have made material by an express law, it
may do so by a subsequent one.
o Procedural. (to avoid possible injustice)
o Penal in character and favorable to the accused. (not a
habitual delinquent –if w/in 10 years from date of release or
last conviction of a crime, he is found guilty of any said
crimes a third time or oftener.)
Art. 5. Acts executed against the provisions of mandatory and prohibitory
laws shall be void, except when the law itself authorizes their validity.
- Mandatory Laws omission of which renders the proceeding or acts to
which it relates generally illegal or void. Example: prescriptive periods
- Prohibitory Laws contain positive prohibitions and are couched in the
negative terms importing that the act required shall not be done
otherwise than designated. Example: “NO”…
/vvverga
Vena V.
- However, if the law expressly provides for the validity of acts
committed in violation of a mandatory or prohibitory provision of a
statute, such act shall be considered valid or enforceable.
Art. 6. Rights may be waived, unless the waiver is contrary to law, public
policy, morals or good customs, or prejudicial to a third person with a right
recognized by law.
- Waiver  intentional relinquishment of a known right; not presumed
but must be clearly and convincingly shown, either by express
stipulation or acts admitting no other reasonable explanation
- A right to be validly waived, must be in existence at the time of the
waiver, and must be exercised by a duly capacitated person actually
possessing the right to make the waiver. (presupposes that the party
has knowledge of its rights, but chooses not to assert them)
Art. 7. Laws are repealed only by subsequent ones, and their violation or
non-observance shall not be excused by disuse, or custom, or practice to
the contrary. When the courts declare a law to be inconsistent with the
Constitution, the former shall be void and the latter shall govern.
Administrative or executive acts, orders and regulations shall be valid only
when they are not contrary to the laws or the Constitution.
- Repeal  legislative act of abrogating through a subsequent law the
effects of a previous statute or portions thereof. May be either express
or implied.
Art. 8. Judicial decisions applying or interpreting the laws or the
Constitution shall form part of the legal system of the Philippines.
- Judicial decisions
o although in themselves not laws, assume the same authority
as the statute itself.
o Constitute evidence of what the law means.
o “legis interpretatio legis vim obtinet”  interpretation placed
upon the written law by a competent court has the force of
law
o SC decisions – authoritative and precedent-setting
o Inferior courts decisions and Court of Appeals – merely
persuasive
o Apiag v Cantero (judge entered into2 nd marriage without
having his first void marriage judicially declared a nullity, not
a basis for immorality)  at that time, there was no need for
judicial declaration of nullity
o Wiegel v Sempio Dy  case where the Supreme Court
declared that there was a need for a declaration of nullity of a
void marriage.
Art. 9. No judge or court shall decline to render judgment by reason of the
silence, obscurity or insufficiency of the laws.
- Ninguno non deue enriquecerse tortizeramente con dano de otro 
When the statutes are silent or ambiguous, this is one of those
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fundamental principles which the courts invoke in order to arrive at a
solution that would respond to the vehement urge of conscience.
- Justice Holmes – “Do and must legislate” to fill in the gaps in the law,
because the mind of the legislator, like all human beings, is finite and
therefore cannot envisage all possible cases to which the law may
apply. Nor has the human mind the infinite capacity to anticipate all
situations.
Art. 10. In case of doubt in the interpretation and application of laws, it is
presumed that the lawmaking body intended right and justice to prevail.
- Construction and interpretation come only after it has been
demonstrated that application is impossible or inadequate without
them.
Art. 11. Customs which are contrary to law, public order or public policy
shall not be countenanced.
Art. 12. A custom must be proved as a fact, according to the rules of
evidence.
- Custom  rule of conduct formed by repetition of acts, uniformly
observed (practiced) as a social rule, legally binding and obligatory.
- Juridical custom – can supplement statutory law or applied in the
absence of such statute.
- Social custom – can’t supplement stat law or applied in the absence of
statute.
- Custom, even if proven, cannot prevail over a statutory rule or even a
legal rule enunciated by the SC
Art. 13. When the law speaks of years, months, days or nights, it shall be
understood that years are of 365 days each; months, of 30 days; days, of
24 hours; and nights from sunset to sunrise. If months are designated by
their name, they shall be computed by the number of days which they
respectively have. In computing a period, the first day shall be excluded,
and the last day included.
- If the extra day in a leap year is not a day of the year, because it is
the 366th day, then to what year does it belong? Certainly, it must
belong to the year where it falls and, therefore, the 366 days
constitute one year.
Art. 14. Penal laws and those of public security and safety shall be
obligatory upon all who live or sojourn in the Philippine territory, subject to
the principles of public international law and to treaty stipulations.
- Citizens and foreigners are subject to all penal laws. Will even attach
regardless whether or not a foreigner is merely sojourning in Phil
territory BUT they may however be immune from suit, and therefore,
cannot be criminally prosecuted in the Philippines in certain cases
where the Philippine government has waived its criminal jurisdiction
over them on the basis of the principles of public international law and
treaty stipulations
- 1961 Vienna Convention on Diplomatic Relations – provided that the
person of the diplomatic agent shall be inviolable and he shall not be
liable to any form of arrest or detention. He shall enjoy immunity from
criminal jurisdiction of the receiving state.
/vvverga
Vena V. Verga
Art. 15. Laws relating to family rights and duties, or to the status, condition
and legal capacity of persons are binding upon citizens of the Philippines,
even though living abroad.
- Nationality Rule
- Tenchavez v Escano the only absolute divorce recognized is one of
the alien spouse. Filipino spouse can be said to have committed
concubinage (husband) or adultery (wife).
Art. 16. Real property as well as personal property is subject to the law of
the country where it is situated. However, intestate and testamentary
successions, both with respect to the order of succession and to the
amount of successional rights and to the intrinsic validity of testamentary
provisions, shall be regulated by the national law of the person whose
succession is under consideration, whatever may be the nature of the
property and regardless of the country wherein said property may be
found.
- Applicability of National Law of decedent, in intestate or testamentary
succession, with regard to:
o Order of succession
o Amount of successional rights
o Intrinsic validity of the provisions of the will
o Capacity to succeed
Article 17. The forms and solemnities of contracts, wills, and other public
instruments shall be governed by the laws of the country in which they are
executed. When the acts referred to are executed before the diplomatic or
consular officials of the Republic of the Philippines in a foreign country, the
solemnities established by Philippine laws shall be observed in their
execution. Prohibitive laws concerning persons, their acts or property, and
those which have for their object public order, public policy and good
customs shall not be rendered ineffective by laws or judgments
promulgated, or by determinations or conventions agreed upon in a foreign
country.
- Extrinsic validity – if act is valid where it is executed, even if said act
won’t be valid here, will be deemed as valid, nonetheless.
- Diplomatic and consular officials are representatives of the state,
therefore Philippine law should prevail if act is executed before a
diplomat, in a foreign country. (basis: by rules of international law,
host country where diplomat is assigned, waives its jurisdiction over
the premises of the diplomatic office of another country located in the
said host country)
Art. 18. In matters which are governed by the Code of Commerce and
special laws, their deficiency shall be supplied by the provisions of this
Code.
HUMAN RELATIONS
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Art. 19. Every person must, in the exercise of his rights and in the
performance of his duties, act with justice, give everyone his due, and
observe honesty and good faith.
- principle of abuse of rights.
- Codifies the concept of what is justice and fair play so that the abuse
of right by a person will be prevented.
- Elements of abuse of right:
o There is a legal right or duty
o Which is exercised in bad faith
o For the sole intent of prejudicing or injuring another
Art. 20. Every person who, contrary to law, willfully or negligently causes
damage to another, shall indemnify the latter for the same.
- speaks of the general sanction for all the other provisions of law which
do not especially provide their own sanction.
Art. 21. Any person who willfully causes loss or injury to another in a
manner that is contrary to morals, good customs or public policy shall
compensate the latter for the damage.
- fill in the countless gaps of the statutes, which leave so many victims
of moral wrongs helpless, even though they have actually suffered
material and moral injury.
- Deals with acts contra bonus mores – and has the following elements:
o There is an act which is legal
o But which is contrary to morals, good customs, public order,
or public policy
o And it is done with intent to injure.
*** Articles 19,20, and 21 are related to each other, and under these articles, an
act which causes injury to another may be made the basis for an award of
damages. Common Element: act must be intentional. However, art 20 does not
distinguish: “willfully” or “negligently”
* pari delicto  in equal fault, in similar offense or crime, equal in guilt or in legal
fault.
Art. 22. Every person who through an act or performance by another, or
any other means, acquires or comes into possession of something at the
expense of the latter without just or legal ground, shall return the same to
him.
- prevention of unjust enrichment. No person can claim what is not validly
and legally his or hers.
Art. 23. Even when an act or event causing damage to another’s property
was not due to the fault or negligence of the defendant, the latter shall be
liable for indemnity if through the act or event he was benefited.
Art. 24. In all contractual, property or other relations, when one of the
parties is at a disadvantage on account of his moral dependence,
ignorance, indigence, mental weakness, tender age or other handicap, the
courts must be vigilant for his protection.
- in consonance with what is right and legal.
Art. 25. Thoughtless extravagance in expenses for pleasure or display
during a period of acute public want or emergency may be stopped by
/vvverga
Vena V. Verga
order of the courts at the instance of any government or private charitable
institution.
- to prevent inconsiderate and ostentatious activities during times of
emergency
- specifically provides for the entities which are given legal standing to
seek an injunction:
o any government or
o private charitable institution.
Art. 26. Every person shall respect the dignity, personality, privacy and
peace of mind of his neighbors and other persons. The ff. and similar acts,
though they may not constitute a criminal offense, shall produce a cause of
action for damages, prevention and other relief:
1. Prying into the privacy of another’s residence
2. Meddling with or disturbing the private life or family relations
of another
3. Intriguing to cause another to be alienated from his friends
4. Vexing or humiliating another on account of his religious
beliefs, lowly station in life, place of birth, physical defect, or
other personal condition.
- EXPLANATION OF COMMISSION TO INCLUSION OF ART 26 (Protection
of Human Dignity)
o Sacredness of human personality is a concomitant of every
plan for human amelioration.
o The touchstone of every system of laws, of the culture and
civilization of every country, is how far it dignifies man.
Art. 27. Any person suffering material or moral loss because a public
servant or employee refuses or neglects, without just cause, to perform his
official duty may file an action for damages and other relief against the
latter, without prejudice to any disciplinary administrative action that may
be taken.
Art. 28. Unfair competition in agricultural, commercial or industrial
enterprises, or in labor, through the use of force, intimidation, deceit,
machination or any other unjust, oppressive or highhanded method shall
give rise to a right of action by the person who thereby suffers damage.
- JUSTIFICATION by the 1947 Civil Code commission:
o It is necessary in a system of free enterprise. Democracy
becomes a veritable mockery if any person or group of
persons by any unjust or highhanded method may deprive
others of a fair chance to engage in business or earn a living.
Art. 29. When the accused in criminal prosecution is acquitted on the
ground that his guilt has not been proved beyond reasonable doubt, a civil
action for damages for the same act or omission may be instituted. Such
action requires only a preponderance of evidence. Upon motion of the
defendant, the court may require the plaintiff to file a bond to answer for
damages in case the complaint should be found to be malicious. (2) If in a
criminal case the judgment of acquittal is based upon reasonable doubt,
the court shall so declare. In the absence of any declaration to that effect,
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it may be inferred from the text of the decision whether or not the acquittal
is due to that ground.
- Proof beyond Reasonable Doubt  amount of proof which forms an
abiding moral certainty that the accused committed the crime charged.
NOT absolute certainty, BUT such degree of proof is more exacting
than what is needed in a civil case, which is:
- Preponderance of Evidence  as a whole, evidence adduced by one
side outweighs that of the adverse party.
Art. 30. When a separate civil action is brought to demand civil liability
arising from a criminal offense, and no criminal proceedings are instituted
during the pendency of the civil case, a preponderance of evidence shall
likewise be sufficient to prove the act complained of.
- quantum of evidence still merely preponderance of evidence, even if the
civil action arose from a criminal offense
Art. 31. When the civil action is based on an obligation not arising from the
act or omission complained of as a felony, such civil action may proceed
independently of the criminal proceedings and regardless of the result of
the latter.
- if civil action arose not from a felony  quasi-delict  act or omission
which causes damage to another, there being fault or negligence, if
there is no pre-existing contractual relation between the parties.
- Does not provide for an independent civil action.
- Culpa aquiliana (quasi delict)having had its own foundation and
indivuality, separate from criminal negligence, against quasi-delito
(cupla extra-contractual) or criminal negligence
- Also applies to culpa contractual- distinct from criminal action
instituted based on criminal negligence. This is governed by Civil Code,
and not those of Revised Penal Code, and it being entirely separate
and distinct from criminal action, the same may be instituted and
prosecuted independently of, and regardless of the result of the latter.
Art. 32. Any public officer or employee, or any private individual, who
directly or indirectly obstructs, defeats, violates or in any manner impedes
or impairs any of the following rights and liberties of another person shall
be liable to the latter for damages:
1. Freedom of Religion
2. Freedom of Speech
3. Freedom to write for he press or to maintain a periodical publication
4. Freedom from arbitrary or illegal detention
5. Freedom from suffrage
6. The right against deprivation of property without due process of law
7. The right to a just compensation when private property is taken for
public use
8. The right to equal protection of the laws
9. The right to be secure in one’s person, house, papers, and effects
against unreasonable searches and seizures
10. The liberty of abode and of changing the same
11. The privacy of communication and correspondence
/vvverga
Vena V. Verga
12. The right to become a member of associations or societies for
purposes not contrary to law
13. The right to take part in a peaceable assembly to petition the
government for redress of grievances
14. The right to be free from involuntary servitude of any form
15. The right of the accused against excessive bail
16. The right of the accused to be heard by himself and counsel, to be
informed of the nature and cause of the accusation against him, to
have a speedy and public trial, to meet the witnesses face to face, and
to have compulsory process to secure the attendance of witness in his
behalf.
17. Freedom from being compelled to be a witness against one’s self, or
from being forced to confess guilt, or from being induced by a promise
of immunity or reward to make such confession, except when the
person confessing becomes a state witness
18. Freedom from excessive fines, or cruel or unusual punishment, unless
the same is imposed or inflicted in accordance with a statute which has
not been judicially declared unconstitutional and
19. Freedom of access to the courts
In any of the cases referred to in this article, whether or not the
defendant’s act or omission
constitute a criminal offense, the aggrieved party has a right to commence
an entirely separate and distinct civil action for damages, and for other
relief. Such civil action shall proceed independently or any criminal
prosecution (if the latter be instituted), and may be proved by a
preponderance of evidence. The indemnity shall include moral damages.
Exemplary damages may also be adjudicated. The responsibility herein set
forth is not demandable from a judge unless his act or omission constitutes
a violation of the Penal Code or other penal statute.
- for effective maintenance of democracy for these reasons:
o in most cases, threat to freedom originates from abuses or
power of government officials and peace offices, most are left
without redress because fiscal is overburdened, or cant
prosecute a fellow public official (high ranking)
o quantum of evidence required for a criminal action is proof
beyond reasonable doubt which often prevents appropriate
punishment.
o Direct and open violations of the Penal Code trampling upon
the freedoms named are not so frequent as those subtle,
clever and indirect ways which do not come within the pale of
the penal law. These, which are not criminally punishable, are
greatest dangers to which democracy clies.
- respondeat superior  principal and agent, or master and servant. No
respondeat superior between superior officers of the military and their
subordinates.
- May be “directly” or “indirectly”
- Public accountability
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- Good faith is not a defense. It is enough that there was a violation of
the constitutional rights of the plaintiffs and it is not required that
defendants should have acted with malice or bad faith. The wrong may
be civil or criminal. To make good faith material is to defeat the main
purpose of article 32 which is that effective protection of individual
rights.
Art. 33. In cases of defamation, fraud, and physical injuries, a civil action
for damages, entirely separate and distinct from the criminal action, may
be brought by the injured party. Such civil action shall proceed
independently of the criminal prosecution, and shall require only a
preponderance of evidence.
- RATIONALE: to allow the citizen to enforce his rights in a private action
brought by him, regardless of the action of the State attorney. In a
criminal prosecution, the complainant is the State. The injured
individual is the one most concerned because it is he who has suffered
directly. He should be permitted to demand reparation for the wrong
which peculiarly affects him.
- Criminal Negligence, not included in the provision. The law penalizes
the negligent act or careless act, but not the result thereof.
Art. 34. When a member of a city or municipal police force refuses or fails
to render aid or protection to any person in case of danger to life or
property, such peace officer shall be primarily liable for damages, and the
city or municipality shall be subsidiarily responsible therefore. The civil
action herein recognized shall be independent of any criminal proceedings
and a preponderance of evidence shall suffice to support such action.
Art. 35. When a person, claiming to be injured by a criminal offense,
charges another with the same, for which no independent civil action is
granted in this Code or any special law, but the justice of peace finds no
reasonable grounds to believe that a crime has been committed, or the
prosecuting attorney refuses or fails to institute criminal proceedings, the
complainant may bring a civil action for damages against the alleged
offender. Such civil action shall be supported by preponderance of
evidence. On the defendant’s motion, the court may require the plaintiff to
file a bond to indemnify the defendant in case the complaint should be
found to be malicious. (2)If during the pendency of the civil action, an
information should be presented by the prosecuting attorney, the civil
action shall be suspended until the termination of the criminal proceedings.
- Reservation of Civil Action.shall be made before the prosecution
starts presenting its evidence and other circumstances affording the
offended party a reasonable opportunity to make such reservation.
EXCEPT BP 22 (criminal action for violation of BP 22 shall be deemed
to include the corresponding civil action. No reservation to file such
civil action separately shall be allowed.
- When separate civil action is suspended.  IF criminal action is filed
after the said civil action has already been instituted, the latter shall
be suspended in whatever stage it may be found before judgment on
the merits. The suspension shall last until final judgment is rendered in
the criminal action. BUT, nevertheless, before judgment on the merits
/vvverga
Vena V. Verga
is rendered in the civil action, the same may, upon motion of the
offended party, be consolidated with the criminal action in the court
trying the criminal action. (shall be tried and decided jointly.)
o Extinction of penal action does not carry with it extinction of
the civil action. However, the civil action based on delict may
be deemed extinguished if there is a finding in a final
judgment in the criminal action that the act or omission from
which the civil liability may arise did not exist.
- When civil action may proceed independently  shall only require
preponderance of evidence. (art 32,33,34 and 2176 of civil code). In
no case however, may the offended party recover damages twice for
the same act or omission charged in the criminal action.
- Effect of Death on Civil Actions – Death of accused after arraignment
will extinguish civil liability arising from the delict. However, when civil
action may proceed independently (preceding paragraph), it may
continue against the estate or legal representative of the accused after
proper substitution or against said estate, or heirs to substitute the
deceased, and guardian for minor heirs.
- Judgment in civil action not a bar.  Absolved defendant in a civil
action, is not a bar to a criminal action against the defendant.
Art. 36. Prejudicial questions, which must be decided before any criminal
prosecution may be instituted or may proceed, shall be governed by the
rules of court which the Supreme Court shall promulgate and which shall
not be in conflict with the provisions of this Code.
- Precedence.  The general rule is that where both a civil and criminal
case arising from the same facts are filed in court, the criminal case
takes precedence. EXCEPTION: if there is a prejudicial question  one
that arises in a case, the resolution of which is a logical antecedent of
the issue involved therein, and the cognizance of which pertains to
another tribunal. There are always 2 cases involved, civil and criminal.
The criminal case is always suspended because the issues in the civil is
determinative of the outcome of the criminal case.
- Two essential elements of a prejudicial question:
o The civil action involved an issue similar or intimately related
to the issue raised in the criminal action
o The resolution of such issue determined whether or not the
criminal action may proceed.
PERSONS
Civil Personality
Art. 37. Juridical capacity, which is the fitness to be the subject of legal
relations, is inherent in every natural person, and is lost only through
death. Capacity to act, which is the power to do acts with legal effect, is
acquired and may be lost.
- Juridical capacity – acquired upon birth of a person. *some cases,
even unborn. (art 40,41, 742, 854), and terminated only upon death.
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- Capacity to act is not inherent in a person.
Art. 38. Minority, insanity or imbecility, the state of being deaf-mute,
prodigality and civil interdiction are mere restrictions on the capacity to
act, and do not exempt the incapacitated person from certain obligations,
as when the latter arise from his acts or from property relations, such as
easements.
-restricts the capacity to act.
Art. 39. The following circumstances, among others, modify or limit
capacity to act: age, insanity, imbecility, the state of being deaf-mute,
penalty, prodigality, family relations, alienage, absence, insolvency and
trusteeship. The consequences of these circumstances re governed in this
Code, other codes, the Rules of Court, and in special laws. Capacity to act is
not limited on account of religious belief or political opinion. A married
woman, 21 years of age or over, is qualified for all acts of civil life, except
in cases specified by law.
- broader in scope than art 38, but enumerates situations which merelu
modify the capacity to act.
*** SIGNIFICANCE OF ART 38 and 39  Make an overview of the situation that
qualifies a person’s power to undertake acts which can produce legal effects.
Natural Persons
Art. 40. Birth determines personality; but the conceived child shall be
considered born for all purposes that are favorable to it, provided it be born
later with the conditions specified in the following article
Art. 41. For civil purposes, the foetus is considered born if it is alive at the
time it is completely delivered from the mother’s womb. However, if the
foetus had an intra-uterine life of less than 7 months, it is not deemed born
if it dies within 24 hours after its complete delivery from the maternal
womb.
- Geluz v CA  can’t invoke “provisional personality” of a conceived
child to obtain damages for and on behalf of an aborted child
considering that art 40 and 41 were not met. BUT the parents can
obtain damages in their our right against the doctor who caused the
abortion on account of distress and anguish attendant to its loss and
disappointment of their parental expectation.
- BIRTH CERTIFICATE  best evidence of the fact of birth. Once
registered with the office of the local civil registrar, it becomes a public
document. Entries are only ‘prima facie’ evidence of the facts
contained therein. This is strictly confidential, and the contents cant be
revealed except in the cases provided by law.*** They still maintain
their nature as public documents, because, following the proper legal
procedure, they can be obtained by those interested therein.
o Non-disclosure of Birth Records: Except upon request of any
of the ff:
 Person himself, or any person authorized by him
/vvverga
Vena V. Verga
 His spouse, parent/s, his direct descendants, or
guardian or institution legally in charge of him if he
is a minor
 The court or proper public official whenever needed
in administrative, judicial or other official
proceedings to determine the identity of the child’s
parents or other circumstances surrounding his birth
 In case of person’s death, the nearest of kin.
Art. 42. Civil Personality is extinguished by death. The effect upon the
rights and obligations of the deceased is determined by law, by contract
and by will.
- Death Certificate: The office of the local civil registrar of a municipality
or a city must also have in its custody the death certificated of the
persons who died in its locality.
- The rights and obligations of a dead person can still be regulated by
contract, will or the law.
Art. 43. If there is doubt, as between 2 or more persons who are called to
succeed each other, as to which of them died first, whoever alleges the
death of one prior to the other, shall prove the same; in the absence of
proof, it is presumed that they died at the same time and there shall be no
transmission of rights from one to the other.
- Proof of death must be established by positive evidence. It can never
be established from mere inference arising from another inference or
from presumptions and assumptions. (Juaquin v Navarro son died
before mom during Japanese shootings)
Juridical Persons
Art. 44. The ff. are juridical persons:
1. The state and its political subdivisions
2. Other corporations, institutions and entities for public interest or
purpose, created by law, their personality begins as soon as they have
been constituted according to law
3. Corporations, partnerships and associations for private interest or
purpose to which the law grants a juridical personality, separate and
distinct from that of each shareholder, partner or member.
Art. 45. Juridical persons mentioned in Nos. 1 and 2 of the preceding article
are governed by the laws creating or organizing them. Private corporations
are regulated by laws of general application on the subject. Partnerships
and associations for private interest or purpose are governed by the
provisions of this Code concerning partnerships (36 and 37a)
Art. 46. Juridical persons may acquire and possess property of all kinds, as
well s incur obligations and bring civil or criminal actions, in conformity
with the laws and regulations of the organization.
- Juridical Person  is a being of legal existence susceptible of rights
and obligations, or of being the subject of juridical relations.
- As a fundamental rule, the State cannot be sued without its consent.
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- Political subdivisions  municipal corporations, provinces, cities and
municipalities.
o Municipal corporations  exist in dual capacity.
 They exercise the right springing from sovereignty
 They exercise private, proprietary or corporate right,
arising from their existence as legal persons, and not
as public agencies.
- Corporations (government) are governed by BP 68, aka Corporation
Code of the Philippines. (effective May 1, 1980)
- Partnership  2 or more
- Distinct Personality and Exceptions: Corporations, partnerships and
associations for private interest and purpose may be granted by law a
juridical personality, separate and distinct from that of each
shareholder, partner or member. Example: Obligation of corp is not
obligation of stockholder, and vice versa.
Art. 47. Upon the dissolution of corporations, institutions and other entities
for public interest or purpose mentioned in No. 2 of Art 44, their property
and other assets shall be disposed of in pursuance of law or the charter
creating them. If nothing has been specified on this point, the property and
other assets shall be applied to similar purposes for the benefit of the
region, province, city or municipality which during the existence of the
institution derived the principal benefits from the same.
Citizenship and Domicile
Art. 48. The following are citizens of the Philippines
1. Those who were citizens of the Philippines at the time of the adoption
of the Constitution of the Philippines
2. Those born in the Philippines of foreign parents who, before the
adoption of said Constitution, had been elected to public office in the
Philippines
3. Those whose fathers are citizens of the Philippines
4. Those whose mothers are citizens of the Philippines and, upon
reaching the age of majority, elect Philippine citizenship
5. Those who are naturalized in accordance with law.
Art. 49. Naturalization and the loss and reacquisition of citizenship of the
Philippines are governed by special laws.
Art. 50. For the exercise of civil rights and the fulfillment of civil
obligations, the domicile of natural persons is the place of their habitual
residence.
- Domicile  denotes a fixed permanent residence to which, when
absent, one has the intention of returning.
o Domicile is residence coupled with the intention to remain for
an unlimited time.
o Residence  used to indicate a place of abode, whether
permanent or temporary.
o One may have many residences, but only one domicile.
- A minor follows the domicile of his parents
/vvverga
Vena V. Verga
- Domicile of origin can only be lost and a change of domicile occurs
when the following requisites are present:
o An actual removal or an actual change of domicile
o A bona fide intention of abandoning the former place of
residence establishing a new one
o Acts which correspond with the purpose.
- Under the Family Code, the husband and wife shall fix the family
domicile. In case of disagreement, the Court shall decide.
Art. 51. When the law creating or recognizing them, or any other provision
does not fix the domicile of juridical persons, the same shall be understood
to be the place where their legal representation is established or where
they exercise their principal functions.
- Jus Sanguinis  citizenship by blood
- Jus Soli  refers to citizenship on the basis of the place of birth
- Acquisition of Citizenship: governed by CA 473, as amended.
o Qualifications
 Not be less than 21 on day of hearing of petition
 Must have resided in Phil for a continuous period of
not less than 10 years
 Good moral character and believes in the principles
of Consti. Proper conduct and irreproachable manner
during residence in Phil in his relation with
constituted gov’t. as well as with community he’s
living
 Must own real estate in Phil worth not less than
P5,000.00, Phil currency, or must have some known
lucrative trade, professions or lawful occupation.
(under present consti, no alien may own land except
through hereditary succession)
 Able to speak and write in English or Spanish and
any one of the principla Philippine languages
 Must have enrolled his minor children of school age,
in any public or private school recognized by the
Office of Private Education of the Philippines
o Special Qualifications (1o years continuous residence may be
reduced to 5 years) if:
 Honorably held office
 Established a new industry or introduced a useful
invention in the Phil
 Being married to a Filipino woman
 Engaged as a teacher in Phil in a public or recognized
private school not established for exclusive
instruction of children of persons of a particular
nationality or race, in any of the branches of educ or
industry for a period of not less than 2 years
 Born in the Philippines
o Who are disqualified
Page 7 of 15
Persons and Family Relations Reviewer Vena V. Verga

 Opposed to organized govt or affiliated with any o By naturalization. Provided, he doesn’t have any of the
association who uphold or teach doctrines opposing disqualifications prescribed.
all organized govts. o Repatriation of deserters of army, navy or air corps. Provided,
 Defend or teach the necessity or propriety of woman who lost her citizenship by reason of marriage with
violence, personal assault, or assassination for the alien, be repatriated after termination of marital status
success and predominance of their ideas o By direct act of the Congress of the Philippines
 Polygamists or believers in practice of polygamy
 Convicted of crimes involving moral turpitude
 Suffering from mental alienation or incurable
contagious diseases
 During residence, has not mingled socially with
Filipinos, or who have not evinced a sincere desire to
learn and embrace all customs, traditions, and ideals
of Filipinos
 Citizens of nations with whom (US and) the Phil are
at war, during the period of war
 Citizens of foreign (other than US), whose laws do
not grant Filipinos the right to become naturalized
citizens or subject thereof.
- Loss of Citizenship
o Naturalization in foreign country
o Express renunciation of citizenship
o Oath of allegiance to support consti of foreign upon being 21
y/o. Provided, may not divest himself of Phil citizenship in any
manner while RP is at war with any country
o Render service, or accept commission in the armed forces of
foreign. Provided, shall not divest a Filipino of a Phil
citizenship if:
- RP has a defensive and/or offensive pact of alliance with foreign
country
- Said foreign country maintains armed forces on Phil territory with
consent of RP. Provided:
o He states that he does so only in connection with his service
to said foreign country
o Render service under any circumstances mentioned in par a
and b, shall not be permitted to participate or vote in any
election of RP during period of service or commission in the
armed forces of said country
 cancellation of certificate of naturalization
 declared by competent authority a deserter of Phil
armed forces in time of war, unless plenary pardon
or amnesty granted
 in case of a woman, upon her marriage to a
foreigner if by virtue of laws in force in her
husband’s country, she acquires his nationality.
- Reacquisition of Citizenship

/vvverga Page 8 of 15
Persons and Family Relations Reviewer
Article 1
 Saclolo vs. CAR – nature of marriage
 Skinner vs. State of Oklahoma – marriage is one of the basic civil rights of man
 Bove vs. Pinnioti – marriage is not at most a civil contract. It is at least a civil
contract because the contracting parties must give their full and free
consent/agreement to it. But unlike other contracts, it cannot be dissolved or
breached just because the expected outcome did not materialize.
 PT&T vs. NLRC – as a special contract, marriage cannot be restricted by any
discriminatory rule/regulations/policies.
 State vs. Tabby – marriage creates a special status or relation between
contracting parties
 Magee vs. Young – the state is interested in marriage
 Zulueta vs. ZA – although marriage establishes a permanent union, it does not
shed the parties individual integrity and privacy.
 Ninal vs. Bayadog – as a general rule, the law in force during the time of the
marriage shall govern the marriage.
 Bayogbog vs. CA – exception to the rule (Provisions of the Spanish code was
not implemented in the Philippines, thus, the laws in force when the case was
brought to the court)
LAWS GOVERNING MARRIAGE
A. Before 1929 : the Spanish civil code; but there are provisions that never
took effect in the Philippines like Art. 53 and 54.
B. 1929 until August 29, 1950 – Marriage Laws of 1929.
C. August 30, 1950 until August 2, 1988 – Civil Code of the Philippines
D. August 3, 1988 until present – Family code of the Philippines
Note: The Principle that the validity of marriage is determined by the law effective
during the celebration of the marriage is further highlighted by the fact that AS A
GENERAL RULE, THE NATURE OF THE MARRIAGE ALREADY CELEBRATED CANNOT
BE CHANGED BY A SUBSEQUENT AMENDMENT TO THE LAW.
/vvverga
Vena V. Verga
CASES AND ADDITIONAL THINGS TO REMEMBER
Void marriage cannot be cured. Thus while Art 256 of the family code provides that
the law shall have retroactive effect in so far as it does not prejudice or impair
vested rights, the retroactivity clause is a general one and does not expressly and
directly validate a previous void marriage under the Civil Code.
There is one clear case where the Family code allows the filling of a petition to
declare a marriage void even if the ground was not statutorily provided for a void
marriage under the Civil Code: Article 36 (psychological incapacity -- no longer has
a prescriptive period) A case where this is the ground may be filed regardless of
whether the marriage has been celebrated before or after August 3, 2004.
Article 2-6
 Chi Ming Tsoi vs. CA – procreation as one of the essential marital obligations
under the Family Code is based on the universal principle that procreation of
children through sexual union is one of the basic ends of marriage.
 M.T vs. J.T – after sexual change, the sex is already changed, thus, that person
can already contract marriage.
 Teter vs. Teter – consent requisite to marriage relation need not, however be
expressed in any special manner or particular form. (page 114)
 Local Government Code was instituted on January 1, 1992.
 People vs. Janssen – if marriage is issued in a place other than the residence of
the contracting party, the marriage performed on the basis of such a marriage
license is still valid.
 Payne vs. Payne – The commission of perjury or deception on the part of the
contracting parties as to their age in order to avoid the statutory requirement
of parental consent is not a cause to invalidate a marriage obtained through
such marriage license.
 The marriage certificate is not an essential nor formal requirement of marriage.
Failure to sign a marriage certificate itself does not render the marriage void or
annullable (Madridejo vs. de leon)
 Balogbog vs. CA. – The absence of witness is merely and irregularity which will
not render a marriage void.
 Eugenio Sr vs. Velez –Philippine law does not recognize common law marriages.
Persons representing themselves as husbands and wives and has been living
Page 9 of 15
Persons and Family Relations Reviewer Vena V. Verga

together for such a long period of time without marriage are considered
“married” in common law jurisdiction but not in the Philippines. Article 38
 Cosca vs. Palaypayon – the practice of judge of requiring the parties to sign the  Back vs. Back – judicial declaration of nullity of marriage shall dissolve Affinity.
contract before asking for their declaration is highly improper but will not affect
the validity of the marriage. Article 39
 Hermosisima vs. CA – mere breach of promise to marry is not an actionable  Chi Ming Tsoi vs. CA -- Any of the parties of a void marriage may file for nullity
wrong. case even though such party is the wrong doer
 Wassmer vs. Velez – Breach of promise to marry attendant with formally
setting a wedding and going through all the preparation can be liable under art Article 40
21 (CC)
Case Date Covered Ruling
Article7 1. Mendoza September Without need
 A vice mayor may act on behalf of the mayor and authorize marriages (People 28, 1954
vs. Bustamante) 2. Aragon February 28, Without need
1957
Article 21 3. Gomez June 30, 1971 With need
 Garcia vs. Recio -- If without a certificate of legal capacity and the marriage 4. Conseguera January 30, With need
license is nonetheless issues, the marriage celebrated on the basis of such 1971
marriage licenses shall not considered void for it is merely an irregularity. 5. Odayat June 2, 1977 Without need
6. Tolentino May 30, 1983 Without need
Article 22 and 23 7. Wiegel August 19, With need
 Nicdao-Carino vs. Carino -- The certification of the civil registry shall enjoy high 1986
probative value.
8. Family August 3, With need
Code 1983
Article 26
 No state is bound y committee to geive effect in its court to laws which are
repugnant to its own laws and good order of society (Brimson vs. Brimson)
Article 41
 Woo Woo Yin vs. Vivo – If the law in the foreign country (ex. China ) is not
 Gomez vs. Lipana – as a general rule, marriage contracted during the lifetime
proven, it would be assumed by the court that it has laws the same as in the
of the first spouse is null and void.
Philippines
 People vs. Arcilla-- The declaration of presumptive death will still be prima-
 Divorce initiated by a Filipino is against public policy (Cang vs. CA, Techavex
facie, and can be overthrown by evidence
vs. Escano)
 RP vs. Nolasco – the absence of diligent search on the present spouse negates
 Garcia vs. Recio - If the Filipino is already naturalized, Art 26 will not apply but
that there is well founded belief to presume that the spouse is dead.
the law where he was naturalized.
Article 46
Article 34
 Bucat vs. Bucat – six months pregnancy is already conceivable, thus, no
 Manzano vs. Sanchez – Requirement for article 34 is only that there should be
concealment
no legal impediment at the time of the celebration of the marriage.
 Aquino vs. Delizo – four months pregnancy is still unconceivable, there is
concealment.
Article 35
 Foss vs. Foss – the husband knew before marriage of the unchaste character of
 Domingo vs. CA -- For purposes of remarriage, the only acceptable proof to
the spouse, thus no ground for legal separation.
show the voidness of the first marriage is a judicial declaration issued by a
court directly stating that the first marriage is null and void (Domingo vs. CA).
Article 47
 Brown vs. Yambao – the court can take notice of prescription even if it is not
Article 36
alleged in the answer in an annulment case.
 Tuazon vs. CA -- The finding of the trial court as to the existence or non-
existence of the psychological incapacity shall be binding upon the SC unless it
can be sufficiently shown that the trail court erred.
/vvverga Page 10 of 15
Persons and Family Relations Reviewer
Article 48
 Cardenas vs. Cardenas and Rehn, Ocampo vs. Florencio – Judgment on
stipulation of facts and confession of judgment is no prohibited so long as it is
corroborated by independent evidences.
Article 49
 Silva vs. CA – visitation rights should be given to the parent not awarded with
custody unless there are compelling reasons to rule otherwise.
Article 50
 Valdez vs. RTC – Art 50 applies on to subsequent void marriages contracted y a
spouse of a prior marriage before the latter is judicially declared void. For void
marriages, the rule on co-ownership shall apply
Article 55
 Prather vs. Prather – sex with a cow; imperil the wife’s life.
 Symthe vs. Symthe – A separation where both of the spouses willingly concur is
not a willful desertion of one by the other.
Article 56
 Ocampo vs. Florencio – the failure of a husband to look for his erring spouse
does not constitute condonation
 Almacen vs. Baltazar – the act of the spouse of giving money to not filing
charges does not constitute condonation.
 People vs. Sensano – the consent of a spouse maybe deduced from his actions.
 Greene vs. Greene – volenti non fit injuria
 Whitherspoon vs Whiterspoon – connivance
Article 58
 Pacete vs. Carriaga -- The non-observance of the 6 months cooling off period
may set aside the decision of the lower court. For as long as separation is
inserted in any case, the mandatory requirement must be complied with.
 Arroyo vs. Vasquez – If the petition is denied, the court cannot compel the
spouses to live together for marital obligations are purely personal in character.
Article 74-77
 Toda, Jr. vs. CA – a separation of property cannot be effected by mere
execution of a contract or agreement of the parties but by the decree of the
court approving the same.
Article 87
 Rodriguez vs. Rodriguez – the selling of the property from the spouse to the
daughter to the father cannot be nullified because all are guilty, no one may
recover what was given by virtue of the contract.
/vvverga
Vena V. Verga
COMMENTS ON CASES
BY MEL STA. MARIA
BALOGBOG CASE
Witness testified he didn’t see or hear the actual exchange of vows. He
only testified “I saw the wedding!” SC said that the actual exchange of vows could
be presumed because there was an actual wedding ceremony, as testified by the
witness. [As long as the witness saw there was a wedding ceremony, the court then
makes a presumption that the exchange of vows took place.]
NAVARRO CASE
Authority of solemnizing officer is a formal requirement. The GENERAL
RULE is that for solemnizing officers:
1. INCUMBENT judge / mayor
2. WITHIN its jurisdiction
 absence of authority, treated as no authority, so Void
marriage.
Navarro case stated that if the solemnizing officer celebrated the marriage
beyond its jurisdiction, this is just an irregularity. Especially if both parties
were in good faith, or one of them was in good faith.
MTC / RTC JUDGE-within its jurisdiction, eg. Makati only
CA / SC JUSTICES-entire Philippines
SY v. CA
Lower court nullified a marriage because of psychological incapacity. SC
agreed that it was a void marriage, but the ground was different… it was based on
lack of marriage license!
The general rule is that if you don’t assign an error in judgment, the
appellate court will not tackle that unassigned error or issue. But in this case, even
if the issue was unassigned, it was so obvious from the records that there was no
marriage license, so the SC could validly render a judgment that indeed the
marriage is void because there was no marriage license.
Garcia-Recio case
A married B(Australian). B got a divorce, went back to the Philippines to
marry again. Can he validly do so?
SC said YES he can, if the divorce is ABSOLUTE. If it was just a RELATIVE
divorce, he can’t marry. Relative Divorce is just Legal Separation.
Page 11 of 15
Persons and Family Relations Reviewer
SC also said, Art. 26 of the Family Code (FC) is irrelevant. What will apply
is Art. 15 of the Civil Code (CC), which is the NATIONALITY RULE.
MEL STA.MARIA discussion
If a foreigner wants to get married in the Philippines, he needs to get a
CERTIFICATE OF LEGAL CAPACITY from his EMBASSY or CONSUL. But in one SC
case, it was held that the non-forwarding or non-presentation of the Certificate of
Legal Capacity was just an irregularity, especially if the parties were able to acquire
a MARRIAGE LICENSE, then that makes the Marriage is valid! [in short, marriage
license is the ultimate requirement, & not the Certificate of Legal Capacity…. Coz the
general rule is before you could apply for a marriage license, the foreigner must
present his Cert. Of Legal Capacity.]
DOCTRINE OF TRIENNIAL COHABITATION
If the wife is still virgin 3 years after the celebration of marriage, then it is
presumed that the husband is……[alam nyo na dapat eto… go see Mel’s book]
DOSENA case
If petitioners are both Husband & wife, and it involved CONJUGAL assets,
the signature of only 1 spouse is valid. H & W are JOINT ADMINISTRATORS, courts
presume that one knows what the other is doing!
UY case
H & W, H-comatose, so W assumes SOLE POWER OF ADMINISTRATION.
SC said, if wife assumes Sole Power of Administration, you need to get a
COURT ORDER.
Court Order: it depends on the ff circumstances.
If incapacity is STROKE- go to RULES OF COURT & file GUARDIANSHIP
proceedings.
If incapacity is ABANDONMENT- it is SUMMARY PROCEEDING under the
FAMILY CODE.
What is important is you still need a COURT ORDER!
ART. 151 EARNEST EFFORTS
“No suit between family members shall prosper….”
Art. 151 applies only to CIVIL CASES.
/vvverga
Vena V. Verga
CUSTODY cases- this is in SPECIAL PROCEEDINGS, NOT A CIVIL CASE so
NO earnest efforts required.
GUARDIANSHIP, INTESTATE cases- this is in SPECPRO, NOT A CIVIL CASE,
NO earnest efforts required.
NULLITY, ANNULMENT, LEGAL SEPARATION cases- NO EARNEST EFFORTS!
Why? Coz even if these 3 are CIVIL CASES, the law does not allow these cases to be
compromised!
RULES- if suit is:
1. CIVIL – earnest efforts required. CRIM/SPECPRO- no earnest efforts.
2. even if CIVIL but falls under NULLITY, ANNULMENT, LEGAL
SEPARATION- no earnest efforts required, coz the law does not allow
these cases to be compromised.
3. if STRANGER[S] are INVOVLED- NO earnest efforts required.
PATERNITY & FILIATION
1. Action to impugn legitimacy of child- must be a direct suit.
2. Main action is for partition of property, but a collateral action was instituted
to impugn the legitimacy of a child. Is this valid?
- SC said YES, if it was proven that the mother was BARREN! (di
puede magka-anak)
- The whole chapter of PATERNITY & FILIATION HAS 2
ASSUMPTIONS
a. MARRIAGE is VALID
b. CHILD is UNDISPUTABLY OF THE WIFE
- if these 2 assumptions were not met, then it falls under the
BAVIERA v. CATOTAL case, wherein the action was for partition &
the ‘child’ was proven to be falsely claiming legitimacy or
illegitimacy, as the MOTHER was PROVEN TO BE BARREN!
‘UNICA HIJA CASE’
Rich ‘parents’ died. A person claims that she was a daughter. Brothers & sisters of
the deceased parents questioned the standing of the daughter. The ‘daughter’
argued that only the Husband can impugn her status in a direct action. Is the
‘daughter’ correct?
Page 12 of 15
Persons and Family Relations Reviewer Vena V. Verga

SC: WRONG un daughter! Why? It was proven that the daughter did not 5. Look for the 3 Exceptions or grounds to exempt the aliens from procuring
come from the mother, so the Rules on Paternity & Filiation will NOT apply. This is a Certificate of Legal Capacity or Certificate of Residency.
blatant case of FALSIFICATION of BIRTH CERTIFICATE.

So the RULE is: CHECK FIRST if the child came out from the Mother, before you “legally free child” in intercountry adoption, means that the child is voluntarily or
apply the Rules on Paternity & Filiation!!! involuntarily committed to social welfare agency.

Can you file intercountry adoption application in the regular courts?

KANG CASE
W files Legal Separation case against H. W won. H went to the U.S. W now wants to
adopt her children, & asks court to designate her as the one who will exercise
Parental Authority, based on ART. 213 of Family Code.
Yes, but the court will just determine if all the papers are complete & will
refer it to the INTERCOUNTRY ADOPTION BOARD for the proper
determination of Adoption. (in short, pupunta pa rin yun sa Intercountry
Adoption Board… so you better go there initially, not to the courts)

SC: Termination of Parental Authority is always with Cause, & must be expressly
provided by the court. In this legal separation case, there is no showing that the
Parental Authority of H was terminated.
ART. 213 of FC merely DESIGNATES the person who will exercise parental
authority. It does not mean that H being the guilty spouse, will Automatically lose
his parental authority.

For ABANDONMENT to apply- it means total, absolute, cessation of Family Duties. In

the Kang Case, there was no abandonment, because the H had contact with the
children, thru overseas phone calls, albeit it was seldom.

SALIENT FEATURES ON ADOPTION

1. Before a 3rd party could adopt, earnest efforts to look for a possible
‘adopter’ within the extended family.
2. if the baby sought to be adopted is still inside the womb of the mother, any
contract or agreement of adoption entered by the biological parents is
VOID!
3. Adopter cannot rescind Adoption, only the Adopted person can. But the
Adopter can Disinherit the Adopted person.
4. Under Family Code- Aliens cannot adopt (this was old rule)
Under Domestic Adoption Law- Aliens can now adopt (new rule)

/vvverga Page 13 of 15
Persons and Family Relations Reviewer
1994
Salita v. Magtolis
Psychological incapacity is
psychosomatic and deals with
state of mind and thus can
only be proven by indicators
or external manifestations of
the person claimed to be
psychologically incapacitated.
These indicators must be
clearly alleged in the
complaint filed in the court.
Krohn v. CA
SC ruled that the testimony
of the husband with respect
to the report of the
psychiatrist was not within
the doctor-patient privileged
communication rule since the
one who would testify is not
the doctor but the husband.
SC also ruled that neither can
the husband’s testimony be
considered a circumvention of
the prohibition because his
testimony cannot have the
force and effect of the
testimony of the physician
who examined the patient
and made the report.
Salcedo v. Ortanez
/vvverga
JURISPRUDENCE OUTLINE BY MEL STA MARIA
1995
Santos v. CA
& Bedia-Santos
The very first case decided by
the SC which discussed the
scope and meaning of Art36. SC
denied the nullity case.
Accdg to Justice Sempio Diy—
psychological incapacity must be
characterize by (a) gravity (b)
juridical antecedence (c)
incurability
1996
Tuason v. CA
The finding of the trial court as to the existence or non-
existence of a party’s psychological incapabit at the time of
the marriage is final and binding on the SC unless it can be
sufficiently shown that the tiral court’s factual findings and
evaluation of the testimonies and pieces of evidence
presented are clearly and manifestly erroneous.
Valdez v. RTC
Delivery of presumptive legitime is not required as a
general rule in void marriages; but, as an exception to this
general rule, the Valdez ruling also states that par (2)(3)(4)
(5) of Art43 relates only by the explicit terms of Art50, to
voidable marriages under Art25 and exceptionally, to void
marriages under Art 40.
Vena V. Verga
1997
Chi Ming Tsoi
Procreation is an essential obligation (as the
basic end of marriage). Constant non-fulfillment
of this obligation will finally destroy the integrity
or wholeness of the marriage. Prolonged refusal
of a spouse to have sexual intercourse with his or
her spouse is considered a sign of psychological
incapacity, although physically capable. This is
the only case which nullity on the grounds of PI
was granted.
RP v. CA and MOLINA
SC enumerated the guidelines in invoking the
psychological incapacity under art36: (1)the
burden of proof to show the nullity of the
marriage belong to the plaintiff (2)the root cause
of the psychological incapacity must be:
(a)medically or clinically identified (b) alleged in
the complaint (c) sufficiently procen by experts
and (d) cleary explained in the decision. (3)the
incapacity must be proven to be existing at the
time of the celebration of the marriage (4) PI
must be shown to be medically or clinically
permanent or incurable (5)such illness must be
grave enough to bring about the disability of the
party to assume the essential obligations of
marriage. (6) the essential obligations must be
those embodied by Art 69 to 71 (husband and
wife)of FC as well as Art 220, 221 and 335
(parents and children) (7)interpretations given by
the National Appellate Matrimonial Tribunal of the
Catholic Church in the PI while not controlling or
decisive, should be given great respect by our
courts. (8)the trial court must order the
prosecuting attorney or fiscal and SG to appear
as counsel for the state. No decision shall be
handed down unless the SC issues a certification.
(last sent not anymore needed pursuant to SC
resolution)
2003
Masias v. Masias
Page 14 of 15
Persons and Family Relations Reviewer
2000
Marcos v. Marcos
SC ruled that “the personal
medical or psychological
examination of respondent is
not a requirement for a
declaration of psychological
incapacity and that it is not a
condition sine qua non for
such declaration. However
the Court may or may not
accept the testimony of the
psychologist or psychiatrist.
The Court may base its
decision on the totality of
the evidence other than the
findings of the psychiatrist or
psychologist.
/vvverga
Vena V. Verga
Mercado Fehr v. Fehr
Barcelo v. CA-Bengson
2002
Choa v. Choa
2001
Republic v. Dagdag
the law does not define what
psychological incapacity is and
therefore, the determination is
left solely with the courts on a
case-to-case basis.
Determination of PI “depends on
the facts of the case. Each must
be judged, not on the basis of a
priori assumptions, predilections
or generalizations but according
to its own facts.”
Page 15 of 15