Catapusan, Kevin C.

PERSONS Block D AY 2014-2015

Ref
Case Title
Effects and Applications of Laws (Art. 1-18)

Taada v. Tuvera

Facts

Non-publication of various statutes should

render the statute invalid.

Doctrine
Art. 3 CC Non-publication is renders the statute
void. This is indispensable. What may be dispensed
with (can be provided by law) is the date of
effectivity.
Publication in the official gazette (now includes
newspapers of general circulation) is required for
the statutes to take effect.
Police records are official entries of record. Exempt
from hearsay rule.
Doctrine of election of remedies is designed to
mitigate possible unfairness.

Waiver of right.

Consunji v. CA

Deceased, an employee of Consunji, initially

availed of the State Insurance fund. Upon
receiving the police report thereafter, it was
shown that there was neglect on the part of
Consunji (loosening of bolt of the platform).
Wife now seeks for further damages.

Lease. Waiver of preferential right.

Gongon v. Court of Appeals

Claim of preferential right to purchase the land

between the registered lessee and the
lessee/tenant (actual occupant).
Lot was already awarded to the registered lessee
by the Register of Deeds.
Election.

Garvida v. Sales
Garvida is 21 years and 10 months old and

Art. 6 CC Waiver should be intentional

relinquishment of a known right. In this case, wife
did not know about her right to damages before the
receipt of the police report.
Art. 3 of CC (ignorance of the law excuses no one
from the compliance therewith) does not apply.
Only applies to mandatory and prohibitory laws.
Choice of remedies is neither mandatory nor
prohibitory.
Award for damages be granted.
Order: (1) bona fide tenants (2) occupants (3)
private individuals. But only applies when equal
footing/circumstance. Need not to be rigidly
followed.
Art. 6 CC There is no waiver of preferential right
when the petitioner did not cancel the sale to the
registered lessee.
No waiver when it is against public policy.
Art. 13 CC When the law speaks of years, it is
understood that years are of 365 days. In this case,
age limit in the statute is not interpreted to allow

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Case Title

Facts
running as the Chairman of SK. Age limit is 21
years old.

Doctrine
candidates to run if they have not reached 22 years
old.
The will of the people as expressed through the
ballot cannot cure the vice of ineligibility.

National Marketing Corp. v. Tecson

Prescription of motion to execute judgment.

Testamentary settlement.
6

Bellis v. Bellis

Decedent was a resident of another country but

made a will for disposition of properties in the
Philippines.

No succession for Sales. Ineligibility is not one of

the grounds for success in in SK elections.
Art. 13 CC It shall be understood that years are of
365 days.
Consider the leap year in counting of years.
Art. 16 CC National law of decedent applies in
intestate and testamentary successions:
(a) order of succession
(b) amount of successional rights
(c) intrinsic validity of provisions of the will
(d) capacity to succeed.
Art. 17 CC on prohibitive laws of foreign countries
that are disadvantageous cannot be invoked.
Specific provisions prevail over general provisions.
Art. 16 CC is considered a specific provision on
estates.
Will executed by the decedent should not alter the
law.

Carrier Goods by the Sea Act.

7

Dole Philippines Inc. vs. Maritime Co.

Difference in prescription period to claim

damages between the CC and the Carrier of
Goods by the Sea Act. Longer prescriptive
period in the CC.

Art. 18 CC General provisions cannot be made to

apply. Special provisions prevail. CC only
supplementary.

Human Relations (19-36)

Promise to marry.
1

Gashem Shookat Baksh v. Court of Appeals

Had sex with a Filipino with a promise to marry

but left her. Petitioner invoked Muslim customs.

Promise to marry was his subtle scheme to entice or

inveigle her.
Art. 21 CC Applies to breach of promise to marry
where the woman is a victim of moral seduction
(deceit, enticement, superior power or abuse of

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Case Title

Facts

Doctrine
confidence).
If mutual desire, there is no seduction.
Curiosity of the woman is not seduction.
Motive of the petitioner was not at all moved by
good faith or honesty.
Filipina submitted in sexual congress not out of lust
but of moral seduction.

Unjust enrichment.
2

Pacific Merchandising Corp. v. Consolacion

Insurance

Receiver did not take the responsibility as the

debtor although the items were already awarded
to him.
Reimbursement.

Republic v. Ballocanag

De Lima v. Laguna Tayabas Co.

Respondent occupied the land in good faith for

30 years planting fruit bearing trees.

Art. 22 CC Unjust enrichment on the part of the

receiver.
Art. 22 CC There is unjust enrichment when a
person unjustly retains a benefit ti the loss of
another.

Petitioners as paupers.

The trees cannot be removed anymore without

causing damage to the land or to the trees.
Heirs of the victim in the traffic accident chose not
appeal in the hope that the company will pay.
Unfortunately, the company appealed.

Collision between bus and deceased relatives of

the petitioners.

Art. 24 CC Petitioners are litigating as paupers.

Lapse on their part can be overlooked.
Legal interest awarded and damages increased.
Petitioner did not even attempt to verify the
existence of the rice.

Not proven beyond reasonable doubt.

5

Mendoza v. Alcala

Respondent sold wagwag rice which is

nonexistent. Nonexistence can be easily
ascertained but was not verified by the
petitioner.

Not guilty of estafa but damages for civil liability

was awarded.
Art. 29 CC Extinction of penal action does not
carry with it the extinction of the civil action.
Art. 29 CC In the case at bar, acquitted not because

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Case Title

Liwayway Vinzons-Chato v. Fortune Tobacco

Corp

Facts

RMC issued by BIR. FTC claims damages.

Doctrine
of reasonable doubt but because it was not
satisfactorily established (based on the wording of
lower courts).
Art. 32 CC An individual can hold a public officer
personally liable for damages on account of an act
or omission that violates the constitutional rights
only if it results in a particular wrong or injury to
the former.
Duty owed by the BIR is not to the respondent
alone but to the entire body politic.
Financial and business difficulties cannot translate
into a particular injury. FTC did not even pay a
single centavo on the tax assessed.
Art. 32 CC State immunity from suit cannot be
construed as a blanket license or roving commission
untrammeled by nay constitutional restraint.

Pre-emptive strike.
7

Aberca v. Ver
Illegal detention against communist theorist.

Motor boat.
8

Lim v. Ponce de Leon

Seizure of motor launch even without a warrant.

Art. 32 CC The law speaks of an officer or

employee or person directly or indirectly
responsible for the violation of the constitutional
rights and liberties.
It cannot be said that only those shown to have
participated directly should be held liable.
Valid warrant:
1. Issued upon probable cause
2. Probable cause determined by the judge
himself
3. Judge must examine under oath or
affirmation the complainant and such
witness produced
4. Warrant must particularly describe the
place, persons, things
Nothing in the law confers upon the provincial
fiscals the authority to issue warrants.
Seizure of a stolen property still needs a valid

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Case Title

Facts

Doctrine
warrant.

Violation of a constitutional right does not consider

if bad faith or good faith is present.
Officer believing that the warrant is lawful as issued
by the superior is not liable.
Civil Personality
General provisions (37-39)
Natural persons (40-43)
Juridical persons (44-47)
Citizenship and Domicile (Art. 43-51)

Quimiging v. Icao

Close friends. Carnal intercourse. Later gave

birth to baby girl.

Art. 40 CC A conceived child is given by law a

provisional personality. It may receive donation
provided that it be born later. However, it shall not
be a condition precedent because it would render
Art. 40 CC ineffective.

Three times abortion.

2

Geluz v. Court of Appeals

People v. Tirol

Parents seeking for damages on their part and

on the part of the fetus for the abortion made
without consent of the father (the third
abortion).
Massacre in Contabato. Baldesco (accused) died
before final judgment. Respondents found
guilty beyond reasonable doubt.

Art. 40 CC No damages can be awarded to the

fetus because it was not born alive.
Only awarded damages to parents.
Art. 42 CC Penal liability of Baldesco had been
extinguished by his death. Only his civil liability
remains to be determined which can be recovered
from his estate.

Order of death.
4

Joaquin v. Navarro

Municipality of San Fernando v. Judge Firme

Confusion on who died first during the Japanese

occupation. The mother was left inside a
burning building when the son went out and
was headshot.

Art. 43 CC Decision of the SC is based on the facts

of the witnessnot on age. Hence, mother outlived
the son.

Suability of municipality.

Art. 44 CC The state cannot be sued without its

consent.

Dump truck of the municipality is doing a

lawful duty.

Liability is not conceded by the mere fact that the

state has allowed itself to be sued.

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Facts

Doctrine
Municipal corporations grant them the competence
to sue and be sued.
Generally, municipality is not liable for torts
committed by them in the discharge of
governmental functions and can be held answerable
only if it be shown that they were acting with
proprietary capacity.

Corporate fiction.
6

Cease et. al. v. Court of Appeals

Petitioners created another entity and

represented that it is a separate entity. However,
evidence abound that the entities are one and
the same.

Art. 44 CC Veil of corporate fiction is pierced once

intent is to defraud.

Requisites of Marriage (Art. 1-25)

The privacy of communication and correspondence
is inviolable despite the wife thinking that she was
aggrieved by her husband. This has nothing to do
with the duty of fidelity that each owes the other.

Zulueta v. CA

Evidence forcibly obtained by the wife to prove

the infidelity of the husband.

Transsexual (gender reassignment).

2

Silverio v. Republic

Petitioner wants to change his name and gender.

Change from Rommel to Mely.

Exception to prohibition of privacy of

communication and correspondence is when there is
a lawful order from court or when public safety
requires it.
A person does not shed his integrity or his right to
privacy as an individual and the constitutional
protection is ever available to him.
A change of name is a privilege, not a right. Change
of name only when there is a clerical error or the
name is ridiculous, tainted with dishonor, extremely
difficult to write, confusing. Also, the new name
should have been habitually used already.
Changing name on the basis of sex reassignment
will complicate the civil registry and public policy.
It may reconfigure the laws on marriage and family
relations.
The sex of a person is determined at birth which is

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Case Title

Republic v. Cagandahan

Facts

Suffering from congenital adrenal hyperplasia

(CAH). Change from Jennifer to Jeff.

Doctrine
visually done by the birth attendant.
There is preponderant biological support for
considering the petition to be considered as male.
Respondent has not taken unnatural steps to arrest
or interfere with what he was born with.
Nature has taken its due course. The case is not
ordinary. Change in name and gender was allowed
by SC.
Gloria failed to present the actual marriage license.
No valid marriage license renders the marriage void
ab initio.

Pakistani contracted another marriage. Sued by

Gloria.
4

Abbas v. Abbas
Marriage license of Syed and Gloria could not
be produced.

Go-Bangayan v. Bangayan

Entered into a purported marriage contract to

deceive the father of the second wife. No valid
marriage license.
Second wife knew that there was a subsisting
marriage of the husband.

Wedding ceremony and a marriage contract does

not operate to cure the absence of a valid marriage
license.
Lack of words despite diligent search in the
certification of the civil registrar does not mean that
a valid license was issued. It was possible for the
registrar to check all the records yet none was
found.
No marriage since no valid marriage license.
Though certain properties were in the name of the
husband and the second wife, it does not mean that
they are married. Property relation for people who
cohabit without the benefit of marriage will apply.
Second marriage was not bigamous because the
second marriage was not valid due to absence of
marriage license.
In a bigamous marriage, the second marriage must
have all the requisites for validity except for the
existence of a previous marriage.

Requisites of Marriage (Art. 26)

Marriages exempt from license requirement (Art. 27-34)

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Case Title

Facts

Doctrine
Valid foreign marriage:
1. Existence of foreign law as a question of
fact
2. Alleged foreign marriage by convincing
evidence

See Yao-Kee v. Sy-Gonzales

Husband died leaving a Chinese and Filipina

wife. Chinese avers that marriage in China
valid.

Petitioners did not present competent evidence.

Testimonies made were self-serving.
Philippine courts cannot take judicial notice of
foreign laws.
The children of Chinese and Filipino wife will all
be considered as natural children of the deceased.
Marriage of grandparents was valid. Marriage of
parents was valid. Burden of proof to invalidate
marriage is on the petitioners. It was not overcome.
Respondent helps the economy.

Board of Commissioners v. Dela Rosa

Gatchalian. Deportation instituted after 28

years. Gatchalian was assailed to be an alien.

Action on the part of BOC has prescribed.

A marriage formally valid where celebrated is valid
everywhere.
He who asserts that marriage is not valid under our
law bears the burden of proof to present the foreign
law.
Vicentas divorce in US is not recognized in the
Philippines because she was still a Filipino citizen.
Second marriage is not entitled to be validly
recognized.

Tenchavez v. Escano

Van Dorn v. Romillo

Divorce in US made while still a Filipino

citizen.

American husband claims ownership of

Cohabitation with second husband is technically

intercourse with a person other than the husband.
Hence, basis for adultery.
Foreign divorce made by Filipino citizens abroad is
not recognized in the Philippines.
Only Philippine nationals are covered by the policy

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Case Title

Bayot v. CA

Facts
property even after divorce invoking that
divorce is not valid in the Philippines.

Proper divorce made but wife claims for

remuneration from the husband.

Doctrine
against absolute divorces. Divorce is recognized
against the foreigner.
Reckoning point is the citizenship of the parties at
the time a valid divorce was obtained. In this case,
Rebecca was an American citizen when she
obtained a divorce in Nevada.
Elements for cause of action:
1. Right in favor of plaintiff
2. Obligation of defendant
3. Act or omission of the obligation of the
defendant
Petitioner could not invalidate marriage because he
was a willing participant. He was the one who
initiated it. He who comes to the court must come
with clean hands.

Marriage by a fixer.
6

Alcantara v. Alcantara

After the civil wedding in the stairs of Manila

City Hall, a marriage ceremony was made.

License obtained not from the habitual residence of

either of the parties is only considered an
irregularity.
As far as the solemnizing officer is concerned, there
was a license issued as copied from the marriage
contract made by the fixer.
Generally, Art. 26 (2) on remarriage only applies to
Filipino citizens.
Philippine courts cannot take judicial notice of
foreign laws.

Corpuz v. Sto. Tomas

Canadian seeking relief under Art. 26 (2). He

was formerly a Filipino citizen.

Civil registrar erred when it recorded the divorce

decree. No entry in civil registrar shall be changed
or corrected without judicial order.
Judicial recognition of foreign judgment may be
made.
Petitioner to submit the Canadian law as evidence.

Void and voidable marriages (Arts. 36-36)

1
Fujiki v. Marinay

Fujiki seeking for foreign judgment (in Japan)

Void marriages may be attacked collaterally.

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Facts
of the second marriage which rendered it void
due to bigamy to be annotated in the marriage
certificate of Marinay and Maekara here in the
Philippines.
Second marriage was already tried in Japan and
was found to be void due to bigamy.

Doctrine
Fujiki is an injured party who can sue and declare
the bigamous marriage (the second marriage) void.
he has the personality to file the petition since it
concerns his civil status.
Rule in AM 02-11-10-SC (Declaration of Absolute
Nullity of Void Marriages and Annulment of
Voidable Marriages) does not apply to foreign
judgments. Saying that it applies will litigate a new
case.
The effect of foreign judgment is not automatic. It
must be recognized as a fact.
Rule 39 Rules of Court: If foreign judgment or final
order against a person, it creates presumptive
evidence between the parties. This may be
repelled by evidence of want of jurisdiction,, want
of notice to party, collusion, fraud or clear mistake
of law or fact.
Solely by the husband and wife in Sec. 2 AM
No. 02-11-10-SC refers to the husband or the wife
of the subsisting marriage.
Bigamy is a public crime. Anyone can initiate its
prosecution.
Art. 26 (2) seeks to avoid the absurd situation where
the Filipino spouse remains married to an alien
spouse who, after obtaining a divorce, is no longer
married to the Filipino spouse.

Mercado v. Mercado

First marriage was not annulled. Charged with

Philippine courts to determine whether:

1. Foreign judgment is inconsistent with an
overriding public policy
2. Alleging party is able to prove an extrinsic
ground to repel the foreign judgment
Bigamy:

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Case Title

Facts
bigamy for the second marriage.

1.
2.

Decree of judicial declaration of annulment

rendered only after the bigamy was filed.
3.
4.

Doctrine
First marriage is valid
First marriage is not legally dissolved or
other spouse not judicially declared
presumptively dead
Second marriage was contracted
Second marriage is valid except for the
existence of the first marriage.

The FC has settled that a declaration of the absolute

nullity of a marriage is now explicitly required
either as a cause of action or a ground for defense.
This also protects the spouse for purposes of
remarriage.

Morigo v. People

Marriage is void ab initio. No solemnization of

the first marriage. Only mere signing of
marriage contract without the presence of a
solemnizing officer.
Petitioner charged with bigamy and raises the
defense of void first marriage.

Marriage of a person may be null and void but there

is a need of a judicial declaration of such fact before
that person can remarry. Otherwise, the second
marriage will also be void.
Bigamy:
1. First marriage is valid
2. First marriage is not legally dissolved or
other spouse not judicially declared
presumptively dead
3. Second marriage was contracted
4. Second marriage is valid except for the
existence of the first marriage.
Under the eyes of law, no first marriage to speak of.
Hence, first element of bigamy is not met.
Petitioner not guilty of bigamy.
Morigo did not overturn the Mercado case.

Claims that first marriage is void ab initio

because of the annulment decree made.
4

Antone v. Beronilla
Judicial decree of absolute nullity was rendered
after the bigamy was filed.

Jeopardy to attach:
1. Complaint or information or other formal
charge sufficient in form and substance to
sustain conviction
2. The same is filed before a court of
competent jurisdiction
3. There is valid arraignment or plea to the

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Case Title

Facts

Doctrine
charges
4. Accused is convicted or acquitted or the
case was otherwise dismissed or terminated
without his express consent
Third and fourth requisites are clearly wanting in
this case.
A person who contracts a second marriage without
prior judicial declaration is guilty of bigamy.
Bigamy is present. The first marriage was lawfully
solemnized. Judicial decree to render it void ab
initio is different from the case of Morigo wherein
the first marriage was absolutely non-existent.
Validity of the first marriage may be collaterally
attacked.
Falsity of the affidavit cannot be considered as a
mere irregularity. Marriage is void ab initio.

De Castro v. Assidao-De Castro

Did not cohabit for five years.

If such is the case, then there is no valid marriage

license produced during marriage since. Five year
cohabitation not proven. Not exempt from the
requirement of a valid marriage license.
Child becomes an illegitimate daughter of the
petitioner but still subject to support.
Psychological incapacity:
1. Gravity
2. Juridical antecedence
3. Incurability

Santos v. Court of Appeals, et. al.

Antonio v. Reyes

Wife does not want to cohabit with husband.

Pathological liar. Molina guidelines were not

strictly met. Annulled by the church already.

Confine the meaning of psychological incapacity to

most serious cases of personality disorder.
In this case, the couple may only avail of annulment
or legal separation but not the voidability of
marriage due to PI.
Psychological incapacity is a malady so grave and
permanent so as to deprive one of awareness of the

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Facts

Doctrine
duties and responsibilities of a matrimonial bond
one is about to assume.
Molina guidelines are not set in stone. Respondent
had consistently lied. SC finds the Molina
guidelines to be sufficiently satisfied.
Personal examination of the subject by the
physician is not required for the spouse to be
declared as PI. However, the methodology used by
the doctors should be a sufficient basis.
It appears to SC as a mere difficulty, refusal or
neglect between the spouses. Hence, not PI.

Republic of the Philippines v. Court of Appeals

and Molina

Personal differences of the spouses. This is not

considered PI. Opposing and conflicting
personalities is not PI.

Molina guidelines:
1. Burden of proof on the plaintiff
2. Root cause of PI must be
a. Medically or clinically identified
b. Alleged in the complaint
c. Sufficiently proven by experts
d. Clearly explained in the decision
3. Proven to exist at the time of the celebration
of the marriage
4. Medically or clinically incurable
5. Grave to disable the assumption of essential
legal obligations
6. Essential obligations are those embraced in
Arts. 68-71 FC
7. National Appellate Matrimonial Tribunal of
the Catholic Church should be respected
Molina unintentionally became a strait-jacket
Testimonies of the respondent and the psychologist
were insufficient to prove the PI of the petitioner.

Republic v. Galang

Kleptomaniac, swindler, lazy, gambler

manifested only after the marriage.

Psychologist failed to establish that the petitioner is

not able to satisfy her essential marital obligation.
Only derived conclusions from the respondent.
Psychologist did not even identify the psychological
tests made.

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Facts

Doctrine
Allegations all occurred during the marriage.

10

Aurelio v. Aurelio

Wife: Histrionic personality disorder with

narcissistic features
Husband: Passive aggressive\ (negative)
personality disorder

Petition is allowed by SC. Molina guidelines were

met.

Both parties want to void the marriage due to

PI.
Void and voidable marriages (Arts. 37-46)
It is not for the spouses to judge whether a marriage
is void or not.
A declaration for absolute nullity of marriage is
now explicitly required.
1

Domingo v. Court of Appeals

Second wife discovered that husband had a

subsisting marriage. Second wife filed for
nullity and separation of property.

Art. 40 FC need not be obtained for the sole

purpose of remarriage. It can be obtained for
separation of property as well.
No need for filing a different civil action for nullity
aside from the separation of property because the
separation of property is an incidental effect of the
declaration of nullity.

People v. Cobar

Expired license.

Dead husband. Both marriages void.

Nicdao Cario v. Cario

First marriage is void due to absence of a valid

marriage license.
Second marriage is void due to the absence of
judicial declaration of nullity required under
Art. 40 FC.

Art. 40 FC judicial declaration of the nullity of the

previous marriage, though void, before a party can
enter into a second marriage, otherwise, the second
marriage will also be void.
Property regime for first wife will be under Art. 147
FC on union of parties who are legally capacitated
and not barred by any impediment.
Property regime for second wife will be under Art.
148 on bigamous marriages, adulterous
relationships, relationships in a state of concubine,
relationships where both man and woman are
married to other persons, multiple alliances of the
same married man. Distribution will be based on

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Case Title

Republic v. Granada

Facts

Presumptive death for husband working in

Taiwan.

Doctrine
actual joint contribution.
Petition for declaration of presumptive death for the
purposes of remarriage is a summary judicial
proceeding. Hence, is not subject to ordinary
appeal.
Four requisites for declaration of presumptive
death:
1. Missing for four consecutive years (or two
consecutive years if disappearance is under
Art. 391 CC)
2. Wishes to remarry
3. Well-founded belief
4. Files a summary proceeding
The belief of the present spouse must be a result of
proper and honest to goodness inquiries and efforts.

Void and voidable marriages (Arts. 47-54)

Rule on declaration of absolute nullity of void marriages and annulment of voidable marriages
No jurisprudence to support that the guilty spouse is
prohibited from sharing once convicted. Adultery
does not carry the accessory of civil interdiction
(deprivation of property).

Maquilan v. Maquilan

Compromise agreement assailed to be null and

void because petitioner claims that he was not
intelligently appraised by his counsel.
The wife was convicted of adultery.

Separation of property may be effected voluntarily.

Absence of the provincial prosecutor or the solicitor
does not invalidate the proceedings. The purpose of
the prosecutor and solicitor is to prevent collusion.
Failure to require their appearance will not nullify
the compromise agreement.
Negligence of counsel binds the client.
Marriage license was not required by law until July
10, 1927.

Cardenas v. Cardenas and Rinen

Lack of license of license on the first marriage.

Solemnizer has no authority.

Marriage certificate attesting that a marriage

ceremony was performed by a minister gives rise to
the presumption that all legal formalities required
by law had been complied with.

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Facts

Doctrine
No judgment annulling a marriage shall be
promulgated upon a stipulation of facts. In this case,
collusion is remote. The stipulation of facts are
evidence and cannot be deemed as stipulation of
facts.
Judge did not disallow the presentation of evidence
on the incidents on custody, support, and property
relations. Merely deferred.

Yu v. Yu

Silva v. Court of Appeals

Simultaneous trial.

Visitation right was denied from the father

because he was a gambler and womanizer.

Void and voidable marriages (Rule on provisional orders, SC en banc AM 02-11-12-SC)

Legal separation (Arts. 55-57)
Couple owns the Philippine Texboard Factory.
1

Dela Cruz v. Dela Cruz

Abandonment? No.
Mismanagement? No.
Wife sent to Manila to study beauty culture but
still continued to have illicit relationships.

Ocampo v. Florenciano

Almacen v. Baltazar

Custody, support, and property relations are

incidental effects of the declaration of nullity of
marriage.
Natural rights and duty of parents should be
exercised. It is unlikely that the petitioner would
have ulterior motives or undue designs more than a
parents natural desire to be able to call on, even if
were on brief visits, his own children.

No abandonment on the part of husband.

Abandonment should be actual, financial, moral
permanent.
No abandonment when continually giving financial
support.
There is no confession of judgment when wife did
not deny the allegations of husband. This is
considered as evidence.

Confession of judgment? No.

Condonation? No.

The judge can fairly weigh and appraise the

evidence submitted by the parties despite the
deferment made.

Husband seeks for termination of support

because both spouses are guilty of infidelity.
Pari delicto but award is granted.

No condonation on the part of husband when he did

not go after the wife.
Both are in pari delicto but no jurisprudence or law
saying that monthly support should be terminated.
If both are in bad faith, considered as if both are in
good faith.

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Effectively, there is condonation on the part of the
husband when he continued to give monthly support
despite infidelity.

Schneckenburger is convicted for bigamy. Wife

also charges him for concubinage. They had an
agreement in Spanish as to consent.
4

People v. Schneckenburger
Double jeopardy? No.

No double jeopardy. Bigamy is offense against state

while concubinage is offense against chastity.

Ong v. Ong

Concubinage? No, they agreed.

Husband inflicts repeated physical violence.
Wife left the home.

No concubinage because both consented that they

may be infidel.

No abandonment on the part of the wife. The

abandonment is a justified act induced by husband.

Pari delicto? No. Justified cause.

Legal separation (Arts. 58-67)
Rule on legal separation SC en banc AM No. 02-11-11-SC
Legal separation case to which the husband
failed to appear in trial court and thereafter a
final decree was made.
Judge Amenta did not proceed with motion for
injunction on return of paraphernal and
exclusive property of wife.
Decree on legal separation was made within the
cooling off period. Distribution of various
properties also ordered.

Prosecuting attorney or fiscal asserts that there is no

collusion. The litigation was characterized by noholds barred contest.

Sabalones v. CA

Forbes Park property renewal of leases wants to

be controlled by husband.

Lapuz v. Eufemio

Petitioner died before the final decree was

rendered.

Macadangdang v. CA

Petitioner died after the final decree was

rendered.

Though no express administrator assigned, the

decision of lower courts to prohibit the husband
from disturbing the lessees is an implied assignment
of administration to the wife subject. This is not
permanent.
Death abates action for legal separation. Property
distribution cannot be pursued by the father of the
petitioner because property distribution is an
incidental effect of the legal separation.
Legal separation still becomes final and executory.
Division of property will continue. It will come first

Tuason v. CA

Somosa-Ramos v. Amenta Jr.

Pacete v. Cariaga

Cooling off period is not absolute. It proceeds with

cases filed under Art. 49 and 62.
Statutory laws should be observed. Decision of
judge is set aside because it is within the cooling off
period.
Conjugal properties should be managed jointly but
the courts can assign an administrator.

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before the distribution of estate for succession.

Rights and obligations between husband and wife (Arts. 68-73)

Husband and wife may agree upon the dissolution
of the conjugal partnership during the marriage
subject to judicial approval. The compromise
agreement with respect to this is valid.
Court cannot constraint the spouses to live together
as husband and wife.
1

Lacson v. San Jose-Lacson

Custody compromise agreement not followed

by wife.

When people understand that they must live

together, they learn to soften by mutual
accommodations.
CFI erred in depriving the mother of the custody of
the two older children (both below 7 years old). CC
mandates that children below 7 years old should be
given to the mother. There is no compelling reason
to support the lower courts award of custody to the
father instead of the mother.
Husband cannot claim for damages on the wifes
assistance.

Husband (author, photographer).

Loss of consortium on the wife is not proven.
2

Lilius v. Manila Railroad Co.

Wife (translator).
Husband, wife and child met an accident.

Romualdez-Marcos v. COMELEC

Residency requirement.

Necessary for him to prove the existence of such

assistance and his wifes willingness to continue
rendering it had she not been prevented from doing
so by her illness.
Domicile and residence. Abandonment of domicile.
Domicile:
Minor follows the domicile of parents.
Domicile not easily abandoned
Only actual residence contemplated in Civil
Code
Marcos did not abandon domicile. This is not easily
changed.

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Husband is liable up to conjugal property? No.

4

Ayala Investment v. Court of Appeals

Go v. Court of Appeals

Husband made himself jointly and severally

liable in the Companys debt. The husband the
executive vice president.

Video coverage.

Doctrine
Honest mistake in writing 7 months because line 7
and 8 are confusing. Line 8 may easily be
understood as stay in actual residence.
Corporate loan is not an exercise of an industry or
profession nor an act of administration for the
benefit of the family.
It is purely a corporate debt.
Petitioner has not proven the direct benefit of those
contemplated to the family. Those alleged benefits
were just spin-offs of the debt granted.
Husband is not liable for the actions of the wife. It
was the wife who entered into the contract with the
private respondent. Thus, wife is solely liable to
private respondent for the damages awarded.
Video coverage is not the profession of the wife.
Agreeing to cover the wedding was an isolated case
only.
Parents have rights and duties to children.
Atty. Narag failed as a father.

Narag v. Narag

Disbarment case.
Disbarred for grossly immoral conduct so as to
shock the common sense of decency of the
community.
Husband was the one who drove away the wife
because of perversion.

Goitia v. Campos Rueda

Unchaste/lascivious acts on Hs genitals.

In this case, support to the wife will not cease for
the failure of the wife to live with her husband.

Property Relations

Muoz v. Ramirez

Mortgage of wifes paraphernal property to

GSIS. Equitable mortgage was made. Property
being claimed by the lender for default in
payment.

Respondents were married during the effectivity of

the Civil Code. Conjugal partnership of gains
governed their property relations. Upon the
effectivity of the FC, conjugal partnership of gains
remains.
Clear evidence that the wife inherited the lot from

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her father. The residential lot, therefore, is an
exclusive paraphernal property.
Art. 120 of FC, when the cost of the improvement
and any resulting increase in value is more than the
value of the property at the time of improvement,
the entire property shall belong to the conjugal
property.
Husband paid only a portion of the loan to GSIS.
The value of the residential is still more than the
improvements made. Hence, remained exclusive.
FC applies although the sale of conjugal property
was made before FC.

Fuentes v. Roca

Signature of estranged wife for 30 years was

forged.

Art. 173 of CC provide for 10 years to question the

contract of husband entered into without the consent
of wife. Art. 124 of FC provide no period within
which the wife who gave no consent may assail the
husbands sale of the real property.
Because of forgery, there is a void contract
equivalent to nothing and is absolutely wanting in
civil effects. Action to declare it inexistence does
not prescribe.
The vendees who made improvements relying in
good faith that the contract was not forged is
entitled for indemnity.
Aliens have been disqualified in acquiring lands of
public domain. They are also disqualified from
acquiring private lands. This is to conserve our
national patrimony.

Matthews v. Taylor

British husband bought a property in Boracay.

Filipina wife entered into a lease agreement but
without the consent of the husband.

British husband has no right to nullify the lease

agreement.
If the property is declared conjugal. This would
accord the alien husband a substantial interest and
right over the land. This runs counter to the

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constitution.
Husband cannot own lands, being an alien. He
cannot be reimbursed also. He who comes into
equity must come with clean hands.

Buemer v. Amores

Dutch husband bought land in name of wife.

Wife claims ownership.

Unjust enrichment does not apply if the action is

proscribed in the constitution.
Ban against foreigners applies only to ownership of
Philippine land and not to the improvements
thereon.
Marriage settlements cannot be modified except
prior to marriage. Hence, the property regime will
not be converted to ACP just because of the
effectivity of FC.

Pana v. Heirs of Juanito, Sr.

Wife is convicted of murder. RTC levied

conjugal properties.

Post marriage modification of settlements:

a. Decree of legal separation
b. Reconciled and agreed to revive their
former property regime
c. Abandons
d. Judicial separation of property
e. Voluntary dissolution
CPG applies. Properties can only be levied if Art.
121 FC is satisfied as stipulated in Art. 122 FC.
Mortgage executed by wife is undoubtedly an act of
strict dominion and must be consented to by the
husband to be effective.
SPA made cannot have a retroactive effect.

Flores v. Lindo

Loan with mortgage was entered into without

the consent of husband. Later on, consent was
made through SPA.

However, the transaction shall be construed as a

continuing offer on the part of the consenting
spouse and the third person and may be perfected as
a binding contract upon the acceptance by the other
spouse or authorization by the court before the offer
is withdrawn by either or both offerors.
The execution of SPA is acceptance by the other

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spouse that perfected the continuing offer.
Principle of unjust enrichment, being a substantive
law, prevails over the procedural rule on
multiplicity of suits.
Vested right may be lost if there is due process and
such deprivation is founded in law.

Quiao v. Quiao

Heirs of Potracio Go, Sr. et al v. Servacio and Go

Legal separation granted. Before completely

complying with the compromise agreement, the
husband asks the court for clarification of net
profits.

Parcel of land sold to a third person by the

husband of the deceased. The other heirs
demand the return because no liquidation was
made yet, hence, cannot validly sell.

The net profits of the conjugal partnership of gains

are all the fruits of the separate properties of the
spouses and the products of their labor and industry.
Net profits shall be the increase in value between
the market value of the community property at the
time of the celebration of the marriage and the
market value at the time of its dissolution.
GR: disposition of the conjugal property after the
dissolution of the conjugal partnership must be
made only after the liquidation, otherwise, the
disposition is void.
Upon death of the wife, conjugal partnership was
dissolved. Implied ordinary coownership ensued
among the husband and the children. There is only
an ideal or abstract quota.
A co-owner may sell his undivided share. Sale of
husband is not necessarily void.
Appropriate recourse is to commence an action for
judicial partition.
Family home may be subject to forced sale for debts
secured by mortgage on the premises before or after
such constitution.

Sps. Fortaleza v. Sps. Lapitan

Petitioners family home was auctioned after

failing to pay the mortgage loan. After awarded,
the petitioners did not vacate the premises.

Assuming that property is exempt from forced sale,

petitioners did not prove such exemption to the
Sheriff before it was sold at public auction.
The right of redemption after the expiration of one-

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Ramos v. Pangilinan

Facts

Pandacan property of the petitioner was sold

after the petitioner lost in a case.

Doctrine
year period is not attendant because there was no
deposit of redemption money filed. The petitioners
are deemed to have waived or abandoned their right
of redemption.
Family Code does not need to constitute family
home judicially or extrajudicially.
However, since the Pandacan property was
constructed before the FC, judicial constitution of
the family home is necessary through a verified
petition or extrajudicial constitution of public
instrument.
Since not family home, can be sold.
After the effectivity of the FC, there is no need to
constitute extrajudicially or judicially the family
home.
All family residences as of August 3, 1988 are
considered family homes and are prospectively
entitled to the benefits accorded to a family home
under the FC.

De Mesa v. Acero

Property purchased by the petitioners jointly but

in the name of the wife is mortgaged for loan.
They were not able to pay. Respondent filed for
ejectment.

Subject property became family residence sometime

in January 1987. No showing that it was declared as
FH. However, by operation of law, it became a
family home.
However, to be exempted from execution, the FH
must be set up and proved to the Sheriff before the
sale of the property at the public auction.

Perla v. Baring

Petitioner is alleged to be the father of the

respondent.

Only after the complaint of ejectment did the

petitioners claim that it was a family home. They
are barred by laches.
A re-examination of the factual findings of the RTC
and the CA is proper in SC if the decision is
grounded entirely on speculations, surmises or
conjectures.

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Filiation must be established with sufficient
certainty. High standard of proof is required to
establish paternity and filiation.
Certificate of live birth has no probative value to
establish filiation since the petitioner, alleged
father, did not sign it. The same goes with the
baptismal certificate.
Calling of Papa and kissing of the hand cannot be
considered as open and continuous possession of
the status of an illegitimate child. There must be
evidence of the manifestation of the permanent
intention of the supposed father.
Facts of sexual encounters based on the
respondents testimonies were inconsistent.
Wrong action for support was filed. Neither the
mother not the child is living with the alleged
father.

Dolina v. Vallecera

Petitioner filed under VAWC with handwritten

payer for support.

Jesse Lucas v. Jesus Lucas

Petitioner wanted to conduct DNA testing.

Lim Lua v. Lua

Alongside nullity of marriage, petitioner wife

asked for pendente lite. Husband deducted
several expenses in the arrears due (i.e., cars
and maintenance).

In any case, the petitioner must first establish

filiation before asking for support.
Remedy is to file for the benefit of the child an
action for compulsory recognition or she may
directly ask for support where the filiation is
integrated.
Petition is granted. DNA testing is yet to be decided
by the lower court. What the respondent is only
asking is to have a hearing on granting such DNA
testing.
Husband cannot deduct credit for checks which he
had clearly designated as gifts. Not entitled to credit
for money paid if such was paid without any
relation to the decree.
Deduction should be limited to those basic needs
and expenses.

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Gotardo v. Buling

Facts

Filiation was not impugned successfully.

Doctrine
The amount of support may be reduced or increase
proportionately according to the reduction or
increase of the necessities of the recipient and the
resources of the person obliged to support.
Four procedural aspects of traditional paternity
action that parties have to face:
1. Prima facie case
2. Affirmative defenses
3. Presumption of legitimacy
4. Physical resemblance between putative
father and the child
Two affirmative defenses of the putative father:
1. Incapability of sexual relations due to
physical absence or impotency
2. Mother had sexual relations with other men
at the time of conception
Husband failed to substantiate allegations of
infidelity and insinuations of promiscuity.
Filiation is established. Support follows.
Custody is for the best interest of the minor child. it
is not permanent and unalterable.

Bekcett v. Sarmiento

Petitioner, Australian, wanted to retrieve his

son.

Calderon v. Roxas

Wife appeals from decision of court to decrease

monthly support (in its appeal stage). There was
a final nullity of marriage which already
incidentally includes the monthly support.

No child under seven years of age shall be separated

from the mother unless the court finds any
compelling reasons to order otherwise. Over seven
years, the child has the choice.
Final judgment is appealable. Interlocutory order
may not be questioned on appeal except only as part
of an appeal that may eventually be taken from the
final judgment rendered in the case.
Support pendente lite is incident to the main action
for the declaration of nullity of marriage.
Appeal from interlocutory order is not allowed.