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Persons and Family Relations Reviewer Vena V.



CIVIL CODE OF THE PHILIPPINES (R.A. 386) - Prohibitory Laws contain positive prohibitions and are couched in the
negative terms importing that the act required shall not be done
Art 1. This Act shall be known as the Civil Code of the Philippines otherwise than designated. Example: “NO”…
- E.O. 48 of March 20, 1947 - However, if the law expressly provides for the validity of acts
- Roxas Code Commission committed in violation of a mandatory or prohibitory provision of a
- Dr. George Bacobo (chairman) statute, such act shall be considered valid or enforceable.
- January 26, 1949 (passed by Congress) Art. 6. Rights may be waived, unless the waiver is contrary to law, public
Art. 2. Laws shall take effect after 15 days following the completion of their policy, morals or good customs, or prejudicial to a third person with a right
publication in the Official Gazette, unless it is otherwise provided. This recognized by law.
Code shall take effect 1 year after publication. - Waiver  intentional relinquishment of a known right; not presumed
- Aug. 30, 1950 (took effect) but must be clearly and convincingly shown, either by express
- EO 200 (Aquino)  laws to be effective must be published either in the stipulation or acts admitting no other reasonable explanation
- A right to be validly waived, must be in existence at the time of the
Official Gazette or in a newspaper of general circulation in the country.
waiver, and must be exercised by a duly capacitated person actually
(Tañada v Tuverapublication not to be in Official Gazette because of
possessing the right to make the waiver. (presupposes that the party
its erratic release and limited readership)
has knowledge of its rights, but chooses not to assert them)
- Intended to enable people to become familiar with the statute
Art. 7. Laws are repealed only by subsequent ones, and their violation or
- Must be in full
non-observance shall not be excused by disuse, or custom, or practice to
- Publication is an indispensable requirement, absence of which will
the contrary. When the courts declare a law to be inconsistent with the
render the law ineffective.
Constitution, the former shall be void and the latter shall govern.
- “unless otherwise provided” (refers to 15day period, not publication
Administrative or executive acts, orders and regulations shall be valid only
Art. 3. Ignorance of the law excuses no one from compliance therewith.
when they are not contrary to the laws or the Constitution.
- applies only to mandatory and prohibitory laws
Art. 4. Laws shall have no retroactive effect, unless the contrary is provided - Repeal  legislative act of abrogating through a subsequent law the
- Law looks to the future. effects of a previous statute or portions thereof. May be either express
or implied.
- Instances when a law may be given a retroactive effect:
Art. 8. Judicial decisions applying or interpreting the laws or the
o When the law expressly provides for retroactivity (insofar as it Constitution shall form part of the legal system of the Philippines.
does not prejudice or impair vested or acquired rights in - Judicial decisions
accordance with the Civil Code or other laws) o although in themselves not laws, assume the same authority
o Curative or remedial (curing defects or adding to the means as the statute itself.
of enforcing existing obligations). RULE: If the irregularity o Constitute evidence of what the law means.
consists in doing some act, or doing it in the mode which the o “legis interpretatio legis vim obtinet”  interpretation placed
legislature might have made material by an express law, it
upon the written law by a competent court has the force of
may do so by a subsequent one.
o Procedural. (to avoid possible injustice) o SC decisions – authoritative and precedent-setting
o Penal in character and favorable to the accused. (not a o Inferior courts decisions and Court of Appeals – merely
habitual delinquent –if w/in 10 years from date of release or persuasive
last conviction of a crime, he is found guilty of any said o Apiag v Cantero (judge entered into2nd marriage without
crimes a third time or oftener.)
having his first void marriage judicially declared a nullity, not
Art. 5. Acts executed against the provisions of mandatory and prohibitory
a basis for immorality)  at that time, there was no need for
laws shall be void, except when the law itself authorizes their validity.
judicial declaration of nullity
- Mandatory Laws omission of which renders the proceeding or acts to o Wiegel v Sempio Dy  case where the Supreme Court
which it relates generally illegal or void. Example: prescriptive periods
declared that there was a need for a declaration of nullity of a
void marriage.

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Persons and Family Relations Reviewer Vena V. Verga

Art. 9. No judge or court shall decline to render judgment by reason of the over them on the basis of the principles of public international law and
silence, obscurity or insufficiency of the laws. treaty stipulations
- Ninguno non deue enriquecerse tortizeramente con dano de otro  - 1961 Vienna Convention on Diplomatic Relations – provided that the
When the statutes are silent or ambiguous, this is one of those person of the diplomatic agent shall be inviolable and he shall not be
fundamental principles which the courts invoke in order to arrive at a liable to any form of arrest or detention. He shall enjoy immunity from
solution that would respond to the vehement urge of conscience. criminal jurisdiction of the receiving state.
- Justice Holmes – “Do and must legislate” to fill in the gaps in the law, Art. 15. Laws relating to family rights and duties, or to the status, condition
because the mind of the legislator, like all human beings, is finite and and legal capacity of persons are binding upon citizens of the Philippines,
therefore cannot envisage all possible cases to which the law may even though living abroad.
apply. Nor has the human mind the infinite capacity to anticipate all - Nationality Rule
situations. - Tenchavez v Escano the only absolute divorce recognized is one of
Art. 10. In case of doubt in the interpretation and application of laws, it is the alien spouse. Filipino spouse can be said to have committed
presumed that the lawmaking body intended right and justice to prevail. concubinage (husband) or adultery (wife).
- Construction and interpretation come only after it has been Art. 16. Real property as well as personal property is subject to the law of
demonstrated that application is impossible or inadequate without the country where it is situated. However, intestate and testamentary
them. successions, both with respect to the order of succession and to the
Art. 11. Customs which are contrary to law, public order or public policy amount of successional rights and to the intrinsic validity of testamentary
shall not be countenanced. provisions, shall be regulated by the national law of the person whose
Art. 12. A custom must be proved as a fact, according to the rules of succession is under consideration, whatever may be the nature of the
evidence. property and regardless of the country wherein said property may be
- Custom  rule of conduct formed by repetition of acts, uniformly found.
observed (practiced) as a social rule, legally binding and obligatory. - Applicability of National Law of decedent, in intestate or testamentary
- Juridical custom – can supplement statutory law or applied in the succession, with regard to:
absence of such statute. o Order of succession
- Social custom – can’t supplement stat law or applied in the absence of o Amount of successional rights
statute. o Intrinsic validity of the provisions of the will
- Custom, even if proven, cannot prevail over a statutory rule or even a o Capacity to succeed
legal rule enunciated by the SC Article 17. The forms and solemnities of contracts, wills, and other public
Art. 13. When the law speaks of years, months, days or nights, it shall be instruments shall be governed by the laws of the country in which they are
understood that years are of 365 days each; months, of 30 days; days, of executed. When the acts referred to are executed before the diplomatic or
24 hours; and nights from sunset to sunrise. If months are designated by consular officials of the Republic of the Philippines in a foreign country, the
their name, they shall be computed by the number of days which they solemnities established by Philippine laws shall be observed in their
respectively have. In computing a period, the first day shall be excluded, execution. Prohibitive laws concerning persons, their acts or property, and
and the last day included. those which have for their object public order, public policy and good
- If the extra day in a leap year is not a day of the year, because it is the customs shall not be rendered ineffective by laws or judgments
366th day, then to what year does it belong? Certainly, it must belong promulgated, or by determinations or conventions agreed upon in a foreign
to the year where it falls and, therefore, the 366 days constitute one country.
year. - Extrinsic validity – if act is valid where it is executed, even if said act
Art. 14. Penal laws and those of public security and safety shall be won’t be valid here, will be deemed as valid, nonetheless.
obligatory upon all who live or sojourn in the Philippine territory, subject to - Diplomatic and consular officials are representatives of the state,
the principles of public international law and to treaty stipulations. therefore Philippine law should prevail if act is executed before a
- Citizens and foreigners are subject to all penal laws. Will even attach diplomat, in a foreign country. (basis: by rules of international law,
regardless whether or not a foreigner is merely sojourning in Phil host country where diplomat is assigned, waives its jurisdiction over
territory BUT they may however be immune from suit, and therefore, the premises of the diplomatic office of another country located in the
cannot be criminally prosecuted in the Philippines in certain cases said host country)
where the Philippine government has waived its criminal jurisdiction

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Persons and Family Relations Reviewer Vena V. Verga

Art. 18. In matters which are governed by the Code of Commerce and Art. 24. In all contractual, property or other relations, when one of the
special laws, their deficiency shall be supplied by the provisions of this parties is at a disadvantage on account of his moral dependence,
Code. 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.
HUMAN RELATIONS Art. 25. Thoughtless extravagance in expenses for pleasure or display
during a period of acute public want or emergency may be stopped by
Art. 19. Every person must, in the exercise of his rights and in the order of the courts at the instance of any government or private charitable
performance of his duties, act with justice, give everyone his due, and institution.
observe honesty and good faith. - to prevent inconsiderate and ostentatious activities during times of
- principle of abuse of rights. emergency
- Codifies the concept of what is justice and fair play so that the abuse - specifically provides for the entities which are given legal standing to
of right by a person will be prevented. seek an injunction:
- Elements of abuse of right: o any government or
o There is a legal right or duty o private charitable institution.
o Which is exercised in bad faith Art. 26. Every person shall respect the dignity, personality, privacy and
o For the sole intent of prejudicing or injuring another peace of mind of his neighbors and other persons. The ff. and similar acts,
Art. 20. Every person who, contrary to law, willfully or negligently causes though they may not constitute a criminal offense, shall produce a cause of
damage to another, shall indemnify the latter for the same. action for damages, prevention and other relief:
- speaks of the general sanction for all the other provisions of law which 1. Prying into the privacy of another’s residence
do not especially provide their own sanction. 2. Meddling with or disturbing the private life or family relations
Art. 21. Any person who willfully causes loss or injury to another in a of another
manner that is contrary to morals, good customs or public policy shall 3. Intriguing to cause another to be alienated from his friends
compensate the latter for the damage. 4. Vexing or humiliating another on account of his religious
- fill in the countless gaps of the statutes, which leave so many victims beliefs, lowly station in life, place of birth, physical defect, or
of moral wrongs helpless, even though they have actually suffered other personal condition.
material and moral injury. - EXPLANATION OF COMMISSION TO INCLUSION OF ART 26 (Protection
- Deals with acts contra bonus mores – and has the following elements: of Human Dignity)
o There is an act which is legal o Sacredness of human personality is a concomitant of every
o But which is contrary to morals, good customs, public order, plan for human amelioration.
or public policy o The touchstone of every system of laws, of the culture and
o And it is done with intent to injure. civilization of every country, is how far it dignifies man.
*** Articles 19,20, and 21 are related to each other, and under these articles, an Art. 27. Any person suffering material or moral loss because a public
act which causes injury to another may be made the basis for an award of damages. servant or employee refuses or neglects, without just cause, to perform his
Common Element: act must be intentional. However, art 20 does not distinguish: official duty may file an action for damages and other relief against the
“willfully” or “negligently” latter, without prejudice to any disciplinary administrative action that may
* pari delicto  in equal fault, in similar offense or crime, equal in guilt or in legal be taken.
fault. Art. 28. Unfair competition in agricultural, commercial or industrial
Art. 22. Every person who through an act or performance by another, or enterprises, or in labor, through the use of force, intimidation, deceit,
any other means, acquires or comes into possession of something at the machination or any other unjust, oppressive or highhanded method shall
expense of the latter without just or legal ground, shall return the same to give rise to a right of action by the person who thereby suffers damage.
him. - JUSTIFICATION by the 1947 Civil Code commission:
- prevention of unjust enrichment. No person can claim what is not validly o It is necessary in a system of free enterprise. Democracy
and legally his or hers. becomes a veritable mockery if any person or group of
Art. 23. Even when an act or event causing damage to another’s property persons by any unjust or highhanded method may deprive
was not due to the fault or negligence of the defendant, the latter shall be others of a fair chance to engage in business or earn a living.
liable for indemnity if through the act or event he was benefited. 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
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Persons and Family Relations Reviewer Vena V. Verga

action for damages for the same act or omission may be instituted. Such 7. The right to a just compensation when private property is taken for
action requires only a preponderance of evidence. Upon motion of the public use
defendant, the court may require the plaintiff to file a bond to answer for 8. The right to equal protection of the laws
damages in case the complaint should be found to be malicious. (2) If in a 9. The right to be secure in one’s person, house, papers, and effects
criminal case the judgment of acquittal is based upon reasonable doubt, against unreasonable searches and seizures
the court shall so declare. In the absence of any declaration to that effect, 10. The liberty of abode and of changing the same
it may be inferred from the text of the decision whether or not the acquittal 11. The privacy of communication and correspondence
is due to that ground. 12. The right to become a member of associations or societies for
- Proof beyond Reasonable Doubt  amount of proof which forms an purposes not contrary to law
abiding moral certainty that the accused committed the crime charged. 13. The right to take part in a peaceable assembly to petition the
NOT absolute certainty, BUT such degree of proof is more exacting government for redress of grievances
than what is needed in a civil case, which is: 14. The right to be free from involuntary servitude of any form
- Preponderance of Evidence  as a whole, evidence adduced by one 15. The right of the accused against excessive bail
side outweighs that of the adverse party. 16. The right of the accused to be heard by himself and counsel, to be
Art. 30. When a separate civil action is brought to demand civil liability informed of the nature and cause of the accusation against him, to
arising from a criminal offense, and no criminal proceedings are instituted have a speedy and public trial, to meet the witnesses face to face, and
during the pendency of the civil case, a preponderance of evidence shall to have compulsory process to secure the attendance of witness in his
likewise be sufficient to prove the act complained of. behalf.
- quantum of evidence still merely preponderance of evidence, even if the 17. Freedom from being compelled to be a witness against one’s self, or
civil action arose from a criminal offense from being forced to confess guilt, or from being induced by a promise
Art. 31. When the civil action is based on an obligation not arising from the of immunity or reward to make such confession, except when the
act or omission complained of as a felony, such civil action may proceed person confessing becomes a state witness
independently of the criminal proceedings and regardless of the result of 18. Freedom from excessive fines, or cruel or unusual punishment, unless
the latter. the same is imposed or inflicted in accordance with a statute which has
not been judicially declared unconstitutional and
- if civil action arose not from a felony  quasi-delict  act or omission 19. Freedom of access to the courts
which causes damage to another, there being fault or negligence, if
In any of the cases referred to in this article, whether or not the
there is no pre-existing contractual relation between the parties.
defendant’s act or omission
- Does not provide for an independent civil action.
constitute a criminal offense, the aggrieved party has a right to commence
- Culpa aquiliana (quasi delict)having had its own foundation and an entirely separate and distinct civil action for damages, and for other
indivuality, separate from criminal negligence, against quasi-delito relief. Such civil action shall proceed independently or any criminal
(cupla extra-contractual) or criminal negligence prosecution (if the latter be instituted), and may be proved by a
- Also applies to culpa contractual- distinct from criminal action preponderance of evidence. The indemnity shall include moral damages.
instituted based on criminal negligence. This is governed by Civil Code, Exemplary damages may also be adjudicated. The responsibility herein set
and not those of Revised Penal Code, and it being entirely separate forth is not demandable from a judge unless his act or omission constitutes
and distinct from criminal action, the same may be instituted and a violation of the Penal Code or other penal statute.
prosecuted independently of, and regardless of the result of the latter. - for effective maintenance of democracy for these reasons:
Art. 32. Any public officer or employee, or any private individual, who o in most cases, threat to freedom originates from abuses or
directly or indirectly obstructs, defeats, violates or in any manner impedes power of government officials and peace offices, most are left
or impairs any of the following rights and liberties of another person shall without redress because fiscal is overburdened, or cant
be liable to the latter for damages: prosecute a fellow public official (high ranking)
1. Freedom of Religion o quantum of evidence required for a criminal action is proof
2. Freedom of Speech beyond reasonable doubt which often prevents appropriate
3. Freedom to write for he press or to maintain a periodical publication punishment.
4. Freedom from arbitrary or illegal detention o Direct and open violations of the Penal Code trampling upon
5. Freedom from suffrage
the freedoms named are not so frequent as those subtle,
6. The right against deprivation of property without due process of law
clever and indirect ways which do not come within the pale of

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the penal law. These, which are not criminally punishable, are to include the corresponding civil action. No reservation to file such
greatest dangers to which democracy clies. civil action separately shall be allowed.
- respondeat superior  principal and agent, or master and servant. No - When separate civil action is suspended.  IF criminal action is filed
respondeat superior between superior officers of the military and their after the said civil action has already been instituted, the latter shall
subordinates. be suspended in whatever stage it may be found before judgment on
- May be “directly” or “indirectly” the merits. The suspension shall last until final judgment is rendered in
- Public accountability the criminal action. BUT, nevertheless, before judgment on the merits
- Good faith is not a defense. It is enough that there was a violation of is rendered in the civil action, the same may, upon motion of the
the constitutional rights of the plaintiffs and it is not required that offended party, be consolidated with the criminal action in the court
defendants should have acted with malice or bad faith. The wrong may trying the criminal action. (shall be tried and decided jointly.)
be civil or criminal. To make good faith material is to defeat the main o Extinction of penal action does not carry with it extinction of
purpose of article 32 which is that effective protection of individual the civil action. However, the civil action based on delict may
rights. be deemed extinguished if there is a finding in a final
Art. 33. In cases of defamation, fraud, and physical injuries, a civil action judgment in the criminal action that the act or omission from
for damages, entirely separate and distinct from the criminal action, may which the civil liability may arise did not exist.
be brought by the injured party. Such civil action shall proceed - When civil action may proceed independently  shall only require
independently of the criminal prosecution, and shall require only a preponderance of evidence. (art 32,33,34 and 2176 of civil code). In
preponderance of evidence. no case however, may the offended party recover damages twice for
- RATIONALE: to allow the citizen to enforce his rights in a private action the same act or omission charged in the criminal action.
brought by him, regardless of the action of the State attorney. In a - Effect of Death on Civil Actions – Death of accused after arraignment
criminal prosecution, the complainant is the State. The injured will extinguish civil liability arising from the delict. However, when civil
individual is the one most concerned because it is he who has suffered action may proceed independently (preceding paragraph), it may
directly. He should be permitted to demand reparation for the wrong continue against the estate or legal representative of the accused after
which peculiarly affects him. proper substitution or against said estate, or heirs to substitute the
- Criminal Negligence, not included in the provision. The law penalizes deceased, and guardian for minor heirs.
the negligent act or careless act, but not the result thereof. - Judgment in civil action not a bar.  Absolved defendant in a civil
Art. 34. When a member of a city or municipal police force refuses or fails
action, is not a bar to a criminal action against the defendant.
to render aid or protection to any person in case of danger to life or
Art. 36. Prejudicial questions, which must be decided before any criminal
property, such peace officer shall be primarily liable for damages, and the
prosecution may be instituted or may proceed, shall be governed by the
city or municipality shall be subsidiarily responsible therefore. The civil
rules of court which the Supreme Court shall promulgate and which shall
action herein recognized shall be independent of any criminal proceedings
not be in conflict with the provisions of this Code.
and a preponderance of evidence shall suffice to support such action.
Art. 35. When a person, claiming to be injured by a criminal offense,
- Precedence.  The general rule is that where both a civil and criminal
charges another with the same, for which no independent civil action is case arising from the same facts are filed in court, the criminal case
granted in this Code or any special law, but the justice of peace finds no takes precedence. EXCEPTION: if there is a prejudicial question  one
reasonable grounds to believe that a crime has been committed, or the that arises in a case, the resolution of which is a logical antecedent of
prosecuting attorney refuses or fails to institute criminal proceedings, the the issue involved therein, and the cognizance of which pertains to
complainant may bring a civil action for damages against the alleged another tribunal. There are always 2 cases involved, civil and criminal.
offender. Such civil action shall be supported by preponderance of The criminal case is always suspended because the issues in the civil is
evidence. On the defendant’s motion, the court may require the plaintiff to determinative of the outcome of the criminal case.
file a bond to indemnify the defendant in case the complaint should be - Two essential elements of a prejudicial question:
found to be malicious. (2)If during the pendency of the civil action, an o The civil action involved an issue similar or intimately related
information should be presented by the prosecuting attorney, the civil to the issue raised in the criminal action
action shall be suspended until the termination of the criminal proceedings. o The resolution of such issue determined whether or not the
- Reservation of Civil Action.shall be made before the prosecution criminal action may proceed.
starts presenting its evidence and other circumstances affording the
offended party a reasonable opportunity to make such reservation. PERSONS
EXCEPT BP 22 (criminal action for violation of BP 22 shall be deemed
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Persons and Family Relations Reviewer Vena V. Verga

Civil Personality contained therein. This is strictly confidential, and the contents cant be
revealed except in the cases provided by law.*** They still maintain
Art. 37. Juridical capacity, which is the fitness to be the subject of legal their nature as public documents, because, following the proper legal
relations, is inherent in every natural person, and is lost only through procedure, they can be obtained by those interested therein.
death. Capacity to act, which is the power to do acts with legal effect, is o Non-disclosure of Birth Records: Except upon request of any
acquired and may be lost. of the ff:
- Juridical capacity – acquired upon birth of a person. *some cases,  Person himself, or any person authorized by him
even unborn. (art 40,41, 742, 854), and terminated only upon death.  His spouse, parent/s, his direct descendants, or
- Capacity to act is not inherent in a person. guardian or institution legally in charge of him if he
Art. 38. Minority, insanity or imbecility, the state of being deaf-mute, is a minor
prodigality and civil interdiction are mere restrictions on the capacity to  The court or proper public official whenever needed
act, and do not exempt the incapacitated person from certain obligations, in administrative, judicial or other official
as when the latter arise from his acts or from property relations, such as proceedings to determine the identity of the child’s
easements. parents or other circumstances surrounding his birth
-restricts the capacity to act.  In case of person’s death, the nearest of kin.
Art. 39. The following circumstances, among others, modify or limit Art. 42. Civil Personality is extinguished by death. The effect upon the
capacity to act: age, insanity, imbecility, the state of being deaf-mute, rights and obligations of the deceased is determined by law, by contract
penalty, prodigality, family relations, alienage, absence, insolvency and and by will.
trusteeship. The consequences of these circumstances re governed in this - Death Certificate: The office of the local civil registrar of a municipality
Code, other codes, the Rules of Court, and in special laws. Capacity to act is or a city must also have in its custody the death certificated of the
not limited on account of religious belief or political opinion. A married persons who died in its locality.
woman, 21 years of age or over, is qualified for all acts of civil life, except - The rights and obligations of a dead person can still be regulated by
in cases specified by law. contract, will or the law.
- broader in scope than art 38, but enumerates situations which merelu Art. 43. If there is doubt, as between 2 or more persons who are called to
modify the capacity to act. succeed each other, as to which of them died first, whoever alleges the
*** SIGNIFICANCE OF ART 38 and 39  Make an overview of the situation that death of one prior to the other, shall prove the same; in the absence of
qualifies a person’s power to undertake acts which can produce legal effects. proof, it is presumed that they died at the same time and there shall be no
transmission of rights from one to the other.
Natural Persons - Proof of death must be established by positive evidence. It can never
be established from mere inference arising from another inference or
Art. 40. Birth determines personality; but the conceived child shall be
from presumptions and assumptions. (Juaquin v Navarro son died
considered born for all purposes that are favorable to it, provided it be born
before mom during Japanese shootings)
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
Juridical Persons
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
Art. 44. The ff. are juridical persons:
if it dies within 24 hours after its complete delivery from the maternal
1. The state and its political subdivisions
2. Other corporations, institutions and entities for public interest or
- Geluz v CA  can’t invoke “provisional personality” of a conceived purpose, created by law, their personality begins as soon as they have
child to obtain damages for and on behalf of an aborted child been constituted according to law
considering that art 40 and 41 were not met. BUT the parents can 3. Corporations, partnerships and associations for private interest or
obtain damages in their our right against the doctor who caused the purpose to which the law grants a juridical personality, separate and
abortion on account of distress and anguish attendant to its loss and distinct from that of each shareholder, partner or member.
disappointment of their parental expectation. Art. 45. Juridical persons mentioned in Nos. 1 and 2 of the preceding article
- BIRTH CERTIFICATE  best evidence of the fact of birth. Once are governed by the laws creating or organizing them. Private corporations
registered with the office of the local civil registrar, it becomes a public are regulated by laws of general application on the subject. Partnerships
document. Entries are only ‘prima facie’ evidence of the facts

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Persons and Family Relations Reviewer Vena V. Verga

and associations for private interest or purpose are governed by the Art. 50. For the exercise of civil rights and the fulfillment of civil
provisions of this Code concerning partnerships (36 and 37a) obligations, the domicile of natural persons is the place of their habitual
Art. 46. Juridical persons may acquire and possess property of all kinds, as residence.
well s incur obligations and bring civil or criminal actions, in conformity - Domicile  denotes a fixed permanent residence to which, when
with the laws and regulations of the organization. absent, one has the intention of returning.
- Juridical Person  is a being of legal existence susceptible of rights o Domicile is residence coupled with the intention to remain for
and obligations, or of being the subject of juridical relations. an unlimited time.
- As a fundamental rule, the State cannot be sued without its consent. o Residence  used to indicate a place of abode, whether
- Political subdivisions  municipal corporations, provinces, cities and permanent or temporary.
municipalities. o One may have many residences, but only one domicile.
o Municipal corporations  exist in dual capacity. - A minor follows the domicile of his parents
 They exercise the right springing from sovereignty - Domicile of origin can only be lost and a change of domicile occurs
 They exercise private, proprietary or corporate right, when the following requisites are present:
arising from their existence as legal persons, and not o An actual removal or an actual change of domicile
as public agencies. o A bona fide intention of abandoning the former place of
- Corporations (government) are governed by BP 68, aka Corporation residence establishing a new one
Code of the Philippines. (effective May 1, 1980) o Acts which correspond with the purpose.
- Partnership  2 or more - Under the Family Code, the husband and wife shall fix the family
- Distinct Personality and Exceptions: Corporations, partnerships and domicile. In case of disagreement, the Court shall decide.
associations for private interest and purpose may be granted by law a Art. 51. When the law creating or recognizing them, or any other provision
juridical personality, separate and distinct from that of each does not fix the domicile of juridical persons, the same shall be understood
shareholder, partner or member. Example: Obligation of corp is not to be the place where their legal representation is established or where
obligation of stockholder, and vice versa. they exercise their principal functions.
Art. 47. Upon the dissolution of corporations, institutions and other entities - Jus Sanguinis  citizenship by blood
for public interest or purpose mentioned in No. 2 of Art 44, their property - Jus Soli  refers to citizenship on the basis of the place of birth
and other assets shall be disposed of in pursuance of law or the charter
- Acquisition of Citizenship: governed by CA 473, as amended.
creating them. If nothing has been specified on this point, the property and
o Qualifications
other assets shall be applied to similar purposes for the benefit of the
 Not be less than 21 on day of hearing of petition
region, province, city or municipality which during the existence of the
institution derived the principal benefits from the same.  Must have resided in Phil for a continuous period of
not less than 10 years
Citizenship and Domicile  Good moral character and believes in the principles
of Consti. Proper conduct and irreproachable manner
Art. 48. The following are citizens of the Philippines during residence in Phil in his relation with
1. Those who were citizens of the Philippines at the time of the adoption constituted gov’t. as well as with community he’s
of the Constitution of the Philippines living
2. Those born in the Philippines of foreign parents who, before the  Must own real estate in Phil worth not less than
adoption of said Constitution, had been elected to public office in the P5,000.00, Phil currency, or must have some known
Philippines lucrative trade, professions or lawful occupation.
3. Those whose fathers are citizens of the Philippines (under present consti, no alien may own land except
4. Those whose mothers are citizens of the Philippines and, upon through hereditary succession)
reaching the age of majority, elect Philippine citizenship  Able to speak and write in English or Spanish and
5. Those who are naturalized in accordance with law. any one of the principla Philippine languages
Art. 49. Naturalization and the loss and reacquisition of citizenship of the  Must have enrolled his minor children of school age,
Philippines are governed by special laws. in any public or private school recognized by the
Office of Private Education of the Philippines

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o Special Qualifications (1o years continuous residence may be o Render service under any circumstances mentioned in par a
reduced to 5 years) if: and b, shall not be permitted to participate or vote in any
 Honorably held office election of RP during period of service or commission in the
 Established a new industry or introduced a useful armed forces of said country
invention in the Phil  cancellation of certificate of naturalization
 Being married to a Filipino woman  declared by competent authority a deserter of Phil
 Engaged as a teacher in Phil in a public or recognized armed forces in time of war, unless plenary pardon
private school not established for exclusive or amnesty granted
instruction of children of persons of a particular  in case of a woman, upon her marriage to a
nationality or race, in any of the branches of educ or foreigner if by virtue of laws in force in her husband’s
industry for a period of not less than 2 years country, she acquires his nationality.
 Born in the Philippines - Reacquisition of Citizenship
o Who are disqualified o By naturalization. Provided, he doesn’t have any of the
 Opposed to organized govt or affiliated with any disqualifications prescribed.
association who uphold or teach doctrines opposing o Repatriation of deserters of army, navy or air corps. Provided,
all organized govts. woman who lost her citizenship by reason of marriage with
 Defend or teach the necessity or propriety of alien, be repatriated after termination of marital status
violence, personal assault, or assassination for the o By direct act of the Congress of the Philippines
success and predominance of their ideas
 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
- 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

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D. August 3, 1988 until present – Family code of the Philippines

Article 1
• Saclolo vs. CAR – nature of marriage Note: The Principle that the validity of marriage is determined by the law effective
• Skinner vs. State of Oklahoma – marriage is one of the basic civil rights of man during the celebration of the marriage is further highlighted by the fact that AS A
• Bove vs. Pinnioti – marriage is not at most a civil contract. It is at least a civil GENERAL RULE, THE NATURE OF THE MARRIAGE ALREADY CELEBRATED CANNOT
contract because the contracting parties must give their full and free BE CHANGED BY A SUBSEQUENT AMENDMENT TO THE LAW.
consent/agreement to it. But unlike other contracts, it cannot be dissolved or
breached just because the expected outcome did not materialize. Void marriage cannot be cured. Thus while Art 256 of the family code provides that
• PT&T vs. NLRC – as a special contract, marriage cannot be restricted by any the law shall have retroactive effect in so far as it does not prejudice or impair
discriminatory rule/regulations/policies. vested rights, the retroactivity clause is a general one and does not expressly and
• State vs. Tabby – marriage creates a special status or relation between directly validate a previous void marriage under the Civil Code.
contracting parties
• Magee vs. Young – the state is interested in marriage 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
• Zulueta vs. ZA – although marriage establishes a permanent union, it does not
marriage under the Civil Code: Article 36 (psychological incapacity -- no longer has
shed the parties individual integrity and privacy.
a prescriptive period) A case where this is the ground may be filed regardless of
• Ninal vs. Bayadog – as a general rule, the law in force during the time of the
whether the marriage has been celebrated before or after August 3, 2004.
marriage shall govern the marriage.
• Bayogbog vs. CA – exception to the rule (Provisions of the Spanish code was
Article 2-6
not implemented in the Philippines, thus, the laws in force when the case was • Chi Ming Tsoi vs. CA – procreation as one of the essential marital obligations
brought to the court)
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.
A. Before 1929 : the Spanish civil code; but there are provisions that never
• Teter vs. Teter – consent requisite to marriage relation need not, however be
took effect in the Philippines like Art. 53 and 54.
expressed in any special manner or particular form. (page 114)
B. 1929 until August 29, 1950 – Marriage Laws of 1929.
• Local Government Code was instituted on January 1, 1992.
C. August 30, 1950 until August 2, 1988 – Civil Code of the Philippines

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• People vs. Janssen – if marriage is issued in a place other than the residence of • Garcia vs. Recio - If the Filipino is already naturalized, Art 26 will not apply but
the contracting party, the marriage performed on the basis of such a marriage the law where he was naturalized.
license is still valid.
• Payne vs. Payne – The commission of perjury or deception on the part of the Article 34
contracting parties as to their age in order to avoid the statutory requirement of • Manzano vs. Sanchez – Requirement for article 34 is only that there should be
parental consent is not a cause to invalidate a marriage obtained through such no legal impediment at the time of the celebration of the marriage.
marriage license.
• The marriage certificate is not an essential nor formal requirement of marriage. Article 35
Failure to sign a marriage certificate itself does not render the marriage void or • Domingo vs. CA -- For purposes of remarriage, the only acceptable proof to
annullable (Madridejo vs. de leon) show the voidness of the first marriage is a judicial declaration issued by a
• Balogbog vs. CA. – The absence of witness is merely and irregularity which will court directly stating that the first marriage is null and void (Domingo vs. CA).
not render a marriage void.
• Eugenio Sr vs. Velez –Philippine law does not recognize common law marriages. Article 36
Persons representing themselves as husbands and wives and has been living • Tuazon vs. CA -- The finding of the trial court as to the existence or non-
together for such a long period of time without marriage are considered existence of the psychological incapacity shall be binding upon the SC unless it
“married” in common law jurisdiction but not in the Philippines. can be sufficiently shown that the trail court erred.
• Cosca vs. Palaypayon – the practice of judge of requiring the parties to sign the
contract before asking for their declaration is highly improper but will not affect Article 38
the validity of the marriage. • Back vs. Back – judicial declaration of nullity of marriage shall dissolve Affinity.
• Hermosisima vs. CA – mere breach of promise to marry is not an actionable
wrong. Article 39
• Wassmer vs. Velez – Breach of promise to marry attendant with formally • Chi Ming Tsoi vs. CA -- Any of the parties of a void marriage may file for nullity
setting a wedding and going through all the preparation can be liable under art case even though such party is the wrong doer
21 (CC)
Article 40
• A vice mayor may act on behalf of the mayor and authorize marriages (People Case Date Covered Ruling
vs. Bustamante) 1. Mendoza September Without need
28, 1954
Article 21 2. Aragon February 28, Without need
• Garcia vs. Recio -- If without a certificate of legal capacity and the marriage 1957
license is nonetheless issues, the marriage celebrated on the basis of such 3. Gomez June 30, 1971 With need
marriage licenses shall not considered void for it is merely an irregularity. 4. Conseguera January 30, With need
Article 22 and 23 5. Odayat June 2, 1977 Without need
• Nicdao-Carino vs. Carino -- The certification of the civil registry shall enjoy high 6. Tolentino May 30, 1983 Without need
probative value. 7. Wiegel August 19, With need
Article 26 8. Family August 3, With need
• No state is bound y committee to geive effect in its court to laws which are Code 1983
repugnant to its own laws and good order of society (Brimson vs. Brimson)
• Woo Woo Yin vs. Vivo – If the law in the foreign country (ex. China ) is not
proven, it would be assumed by the court that it has laws the same as in the Article 41
Philippines • Gomez vs. Lipana – as a general rule, marriage contracted during the lifetime
• Divorce initiated by a Filipino is against public policy (Cang vs. CA, Techavex vs. of the first spouse is null and void.
Escano) • People vs. Arcilla-- The declaration of presumptive death will still be prima-
facie, and can be overthrown by evidence
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Persons and Family Relations Reviewer Vena V. Verga

• RP vs. Nolasco – the absence of diligent search on the present spouse negates • Arroyo vs. Vasquez – If the petition is denied, the court cannot compel the
that there is well founded belief to presume that the spouse is dead. spouses to live together for marital obligations are purely personal in character.

Article 46 Article 74-77

• Bucat vs. Bucat – six months pregnancy is already conceivable, thus, no • Toda, Jr. vs. CA – a separation of property cannot be effected by mere
concealment execution of a contract or agreement of the parties but by the decree of the
• Aquino vs. Delizo – four months pregnancy is still unconceivable, there is court approving the same.
• Foss vs. Foss – the husband knew before marriage of the unchaste character of Article 87
the spouse, thus no ground for legal separation. • 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
Article 47 recover what was given by virtue of the contract.
• Brown vs. Yambao – the court can take notice of prescription even if it is not
alleged in the answer in an annulment case.

Article 48
• Cardenas vs. Cardenas and Rehn, Ocampo vs. Florencio – Judgment on COMMENTS ON CASES
stipulation of facts and confession of judgment is no prohibited so long as it is BY MEL STA. MARIA
corroborated by independent evidences.
Article 49
• Silva vs. CA – visitation rights should be given to the parent not awarded with Witness testified he didn’t see or hear the actual exchange of vows. He
custody unless there are compelling reasons to rule otherwise. 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
Article 50 witness. [As long as the witness saw there was a wedding ceremony, the court then
• Valdez vs. RTC – Art 50 applies on to subsequent void marriages contracted y a makes a presumption that the exchange of vows took place.]
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. Authority of solemnizing officer is a formal requirement. The GENERAL
RULE is that for solemnizing officers:
• Symthe vs. Symthe – A separation where both of the spouses willingly concur is
1. INCUMBENT judge / mayor
not a willful desertion of one by the other.
2. WITHIN its jurisdiction
 absence of authority, treated as no authority, so Void
Article 56
• Ocampo vs. Florencio – the failure of a husband to look for his erring spouse
does not constitute condonation
Navarro case stated that if the solemnizing officer celebrated the marriage
• Almacen vs. Baltazar – the act of the spouse of giving money to not filing
beyond its jurisdiction, this is just an irregularity. Especially if both parties
charges does not constitute condonation. were in good faith, or one of them was in good faith.
• People vs. Sensano – the consent of a spouse maybe deduced from his actions.
• Greene vs. Greene – volenti non fit injuria MTC / RTC JUDGE-within its jurisdiction, eg. Makati only
• Whitherspoon vs Whiterspoon – connivance CA / SC JUSTICES-entire Philippines

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 SY v. CA
inserted in any case, the mandatory requirement must be complied with.
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Lower court nullified a marriage because of psychological incapacity. SC UY case

agreed that it was a void marriage, but the ground was different… it was based on H & W, H-comatose, so W assumes SOLE POWER OF ADMINISTRATION.
lack of marriage license! SC said, if wife assumes Sole Power of Administration, you need to get a
The general rule is that if you don’t assign an error in judgment, the COURT ORDER.
appellate court will not tackle that unassigned error or issue. But in this case, even Court Order: it depends on the ff circumstances.
if the issue was unassigned, it was so obvious from the records that there was no If incapacity is STROKE- go to RULES OF COURT & file GUARDIANSHIP
marriage license, so the SC could validly render a judgment that indeed the proceedings.
marriage is void because there was no marriage license. If incapacity is ABANDONMENT- it is SUMMARY PROCEEDING under the
What is important is you still need a COURT ORDER!
Garcia-Recio case

A married B(Australian). B got a divorce, went back to the Philippines to

marry again. Can he validly do so? ART. 151 EARNEST EFFORTS
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. “No suit between family members shall prosper….”
SC also said, Art. 26 of the Family Code (FC) is irrelevant. What will apply Art. 151 applies only to CIVIL CASES.
is Art. 15 of the Civil Code (CC), which is the NATIONALITY RULE.
NO earnest efforts required.
NO earnest efforts required.

Why? Coz even if these 3 are CIVIL CASES, the law does not allow these cases to be
If a foreigner wants to get married in the Philippines, he needs to get a compromised!
case, it was held that the non-forwarding or non-presentation of the Certificate of RULES- if suit is:
Legal Capacity was just an irregularity, especially if the parties were able to acquire 1. CIVIL – earnest efforts required. CRIM/SPECPRO- no earnest efforts.
a MARRIAGE LICENSE, then that makes the Marriage is valid! [in short, marriage 2. even if CIVIL but falls under NULLITY, ANNULMENT, LEGAL
license is the ultimate requirement, & not the Certificate of Legal Capacity…. Coz the SEPARATION- no earnest efforts required, coz the law does not allow
general rule is before you could apply for a marriage license, the foreigner must these cases to be compromised.
present his Cert. Of Legal Capacity.] 3. if STRANGER[S] are INVOVLED- NO earnest efforts required.


If the wife is still virgin 3 years after the celebration of marriage, then it is 1. Action to impugn legitimacy of child- must be a direct suit.
presumed that the husband is……[alam nyo na dapat eto… go see Mel’s book] 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
DOSENA case puede magka-anak)
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!
- The whole chapter of PATERNITY & FILIATION HAS 2
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b. CHILD is UNDISPUTABLY OF THE WIFE 1. Before a 3rd party could adopt, earnest efforts to look for a possible
‘adopter’ within the extended family.
- if these 2 assumptions were not met, then it falls under the 2. if the baby sought to be adopted is still inside the womb of the mother, any
BAVIERA v. CATOTAL case, wherein the action was for partition &
contract or agreement of adoption entered by the biological parents is
the ‘child’ was proven to be falsely claiming legitimacy or VOID!
illegitimacy, as the MOTHER was PROVEN TO BE BARREN!
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)
5. Look for the 3 Exceptions or grounds to exempt the aliens from procuring
‘UNICA HIJA CASE’ Certificate of Legal Capacity or Certificate of Residency.
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? “legally free child” in intercountry adoption, means that the child is voluntarily or
involuntarily committed to social welfare agency.
SC: WRONG un daughter! Why? It was proven that the daughter did not
come from the mother, so the Rules on Paternity & Filiation will NOT apply. This is a
Can you file intercountry adoption application in the regular courts?
blatant case of FALSIFICATION of BIRTH CERTIFICATE. 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
So the RULE is: CHECK FIRST if the child came out from the Mother, before you
Adoption Board… so you better go there initially, not to the courts)
apply the Rules on Paternity & Filiation!!!


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.

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.


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1994 1995 1996 1997

Salita v. Magtolis Santos v. CA Tuason v. CA Chi Ming Tsoi
Psychological incapacity is & Bedia-Santos The finding of the trial court as to the existence or non- Procreation is an essential obligation (as the
psychosomatic and deals with The very first case decided by existence of a party’s psychological incapabit at the time of basic end of marriage). Constant non-fulfillment
state of mind and thus can the SC which discussed the the marriage is final and binding on the SC unless it can be of this obligation will finally destroy the integrity
only be proven by indicators scope and meaning of Art36. SC sufficiently shown that the tiral court’s factual findings and or wholeness of the marriage. Prolonged refusal
or external manifestations of denied the nullity case. evaluation of the testimonies and pieces of evidence of a spouse to have sexual intercourse with his or
the person claimed to be Accdg to Justice Sempio Diy— presented are clearly and manifestly erroneous. her spouse is considered a sign of psychological
psychologically incapacitated. psychological incapacity must be Valdez v. RTC incapacity, although physically capable. This is
These indicators must be characterize by (a) gravity (b) Delivery of presumptive legitime is not required as a the only case which nullity on the grounds of PI
clearly alleged in the juridical antecedence (c) general rule in void marriages; but, as an exception to this was granted.
complaint filed in the court. incurability general rule, the Valdez ruling also states that par RP v. CA and MOLINA
(2)(3)(4)(5) of Art43 relates only by the explicit terms of SC enumerated the guidelines in invoking the
Krohn v. CA Art50, to voidable marriages under Art25 and exceptionally, psychological incapacity under art36: (1)the
SC ruled that the testimony to void marriages under Art 40. burden of proof to show the nullity of the
of the husband with respect marriage belong to the plaintiff (2)the root cause
to the report of the of the psychological incapacity must be:
psychiatrist was not within (a)medically or clinically identified (b) alleged in
the doctor-patient privileged the complaint (c) sufficiently procen by experts
communication rule since the and (d) cleary explained in the decision. (3)the
one who would testify is not incapacity must be proven to be existing at the
the doctor but the husband. time of the celebration of the marriage (4) PI
SC also ruled that neither can must be shown to be medically or clinically
the husband’s testimony be permanent or incurable (5)such illness must be
considered a circumvention of grave enough to bring about the disability of the
the prohibition because his party to assume the essential obligations of
testimony cannot have the marriage. (6) the essential obligations must be
force and effect of the those embodied by Art 69 to 71 (husband and
testimony of the physician wife)of FC as well as Art 220, 221 and 335
who examined the patient (parents and children) (7)interpretations given by
and made the report. the National Appellate Matrimonial Tribunal of the
Salcedo v. Ortanez 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
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handed down unless the SC issues a certification.

(last sent not anymore needed pursuant to SC

Masias v. Masias
Mercado Fehr v. Fehr
Barcelo v. CA-Bengson

Choa v. Choa

2000 2001
Marcos v. Marcos Republic v. Dagdag
SC ruled that “the personal the law does not define what
medical or psychological psychological incapacity is and
examination of respondent is therefore, the determination is
not a requirement for a left solely with the courts on a
declaration of psychological case-to-case basis.
incapacity and that it is not a Determination of PI “depends on
condition sine qua non for the facts of the case. Each must
such declaration. However be judged, not on the basis of a
the Court may or may not priori assumptions, predilections
accept the testimony of the or generalizations but according
psychologist or psychiatrist. to its own facts.”
The Court may base its
decision on the totality of
the evidence other than the
findings of the psychiatrist or
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