PERSONS TABLE NOTES

TOPIC
Judicial Capacity, Civil Personality and
Capacity to act

NOTES
Judicial Capacity is synonymous or
interchangeable with civil capacity. Fitness to
be a subject of legal relations, inherent,
passive and lost only during death; can exist
even without capacity to act and cannot be
restricted nor limited
Capacity to act: Power to do acts with legal
effects, active, only acquired upon reaching
legal age and can be modified or restricted;
cannot exist without juridical capacity
Birth determines the personality. Although a
child unborn has provisional capacity where
actions like support, donation or damages
may be taken provided that the child be born
afterwards
Child is considered conceived and born if:
a. Within 7 months: the baby born alive
even if it dies minutes after
b. Below seven months: baby has to be
alive for 24 hours

RESTRICTIONS TO CAPACITY TO ACT

Caluag| AY2010-2011

MID-PC:
Minority
Insanity/Imbecility
State of being Deaf Mute
Prodigality

CASE TO REMEMBER

Geluz v. CA: Involves claiming damage for a

child who died before being born. Not allowed
since the condition is that the child should be
born first.
Continental Steel v. Montano: Claiming
support where child as beneficiary. Claim is
given since the child was born alive but died
afterwards. The moment the child was born
he was considered a dependent.
Quimiguing v. Icao: Mother can claim for
donations (support) for the child even when
he is unborn especially if the child was
considered a product of unconsented sexual
intercourse.
Hernandez v. Santos: Case of Lulu where her
step mother disposed her properties inherited
from her father.

LIMITATIONS TO CAPACITY

Concept

Agreements Prior Marriage

Civil Interdiction
FI3TP2 A3D
Family Relations
Insanity
Imbecility
Insolvency
Trusteeship
Penalty
Prodigality
Age
Alienage
Absence
State of Being Deaf-Mute
MARRIAGE
Marriage is a special contract of permanent
union between a man and a woman entered
into in accordance with law for the
establishment of conjugal and family life. It is
the foundation of the family and an inviolable
social institution whose nature,
consequences, and incidents are governed by
law and not subject to stipulation.(ART.1)
No contracts nor sworn affidavits may be
instituted prior marriage
Breach of Promise to marry:

ESSENTIAL REQUISITES

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Legal Capacity: Gender, Age and no Legal

Impediment (incestuous/bigamous/53/36)
Consent

Sia Suan and Chian v. Alcantara: when one of

the persons involved in the contract is
unemancipated minor, the contract is merely
voidable.

In re Santiago: Preparation and execution of

the contract separating the two parties is
considered void.
Baksh v. CA/ Wassmer v. Velez: breach of
promise to marry is not actionable unless the
act is contrary to public morals like faruding a
woman just have sexual intercourse or all
wedding preparations have been given and
Garcia v. Recio: , before a foreign divorce can
be recognized by our courts the party pleading
must prove the divorce as and as a fact &
demonstrate its conformity solely of the divorce

Absence: VOID
Defect: Voidable

decree is insufficient. Present the following:

Divorce Decree and Law of the place where
divorce was obtained.

(for detailed grounds see table)

FORMAL REQUISITES

Authority of Solemnizing officers

Valid Marriage License
Marriage Ceremony
Absence: VOID
Irregularity: VALID but person causing
irregularity is liable
(for detailed grounds see table)

Marriages Abroad

Common Law Marriages

EXCEMPT from M.L.: MOLAR

Muslims and other ethnic groups
Outside the country not requiring ML
Lived together for 5 years without
impediment
Articulo Mortis
Remote places
For marriages solemnized abroad, it is
accepted unless they are contrary to public
morals, incestuous, below 18, bigamous,
article 53 and article 36
For marriages abroad without license: Valid
In case of dissolution of property, apply 147 or
148 as the case may be
When foreign spouse and Filipino got a
divorce and foreign spouse remarries, Filipino
is also entitled to remarry provided that the
requirements were satisfied. (Art. 26 par.2)

Caluag| AY2010-2011

Tenchavez v. Escano: They said that actual

authority is just a formal requirement which

will not invalidate the marriage. It is not
necessary if the there was good faith on the
part of the contracting parties as to the
marriage.

Garcia v. Recio, supra

Republic v. Orbecido: In case of a Former
Filipino remarries, it will be allowed provided
that the marriage is first marriage is declared
void. 2 dates are considered: the date of
naturalization and date of action for divorce
Garcia v. Recio, supra
Dacasin v. Dacasin: The divorce obtained from
the foreign (Illinois) court is deemed valid
under Philippine law, and is binding upon
Herald, as provided by the laws of his country

VOID Marriages

ART.35:
Below 18
Bigamous
License is absent
Unauthorized solemnizing officer
Article 53
Mistake of identity
Psychological incapacity (you just cant get it
up)
[see table]

CONJUGAL PARTNERSHIP OF GAINS

When actions effective

Suppletory Rules
Administration of Property

Properties included

ABSOLUTE COMMUNITY OF
PROPERTY

UNDER NCC
Marriages contracted before the
family Code
Partnership
Husband only

UNDER FC
Marriages contracted before the
family Code
Partnership
Joint administration

Marriages contracted after the

family code
Co-Ownership
Joint administration

In case of Disagreement, Wife

can protest in case of abused
administration within 10 years
from the execution of action and
during subsistence of marriage.
Only the fruits (proceeds,
products, income) of separate
properties acquired through
marriage. (Art.117)

In case of Disagreement, Wife

can protest in case of abused
administration within 5 years
from the execution of action and
during subsistence of marriage.
Only the fruits of separate
properties acquired through
marriage. (Art.117)

In case of Disagreement, Wife

can protest in case of abused
administration within 5 years
from the execution of action and
during subsistence of marriage.
All properties acquired during
marriage except those obtained
through gratuitous title.
Fruits are not included.

Exclusive properties include

those bought by exclusive
money, acquired by gratuitous

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Exclusive properties include

those bought by exclusive
money, acquired by gratuitous

Nature of Liability to Creditors

On separate properties
Disposition and Encumberance

ABSOLUTE
COMMUNITY OF
PROPERTY
a. Default for
marriages
after Aug.3,
1988
b. Valid
Marriages
c. Voidable
Marriages
d. Marriages
under Article
40

title or onerous title, acquired by

redemption/exchange,
purchased by exclusive money
and properties of parents.
Separate Liability; Husband/wife
can sue and be sued alone
No usufructory rights is held on
separate properties.
Consent Needed ; Otherwise
VOID

CONJUGAL
PROPERTY OF
GAINS
a. Default for
marriages
after Aug.3,
1988
b. Valid
Marriages
c. Voidable
Marriages
d. Marriages
under Article
40

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title or onerous title, acquired by

redemption/exchange,
purchased by exclusive money
and properties of parents.
Solidary Liability: Husband/wife
should be sued or sue together
No usufructory rights is held on
separate properties.
Consent needed; Otherwise
VOID

Solidary Liability: Husband/wife

should be sued or sue together
Both spouses has a usufructory
rights over separate properties.
Consent needed; Otherwise
VOID

DISSOLUTION OF PROPERTY:
JUDICIAL
FC, ART.147
SEPARATION OF
PROPERTY
a. Marriage
Includes:Wage and Salaries, Property
settlement
Acquired during marriage, Contribution of
b. Voluntary (Art.
the person staying home and taking care of
136)
home and kids (equal share)
c. InvoluntarySufficient
Cause(Art.35)
d. Art. 103/130termination by
death
e. Legal Separation
(Art.61) (Art.127
par.3)
f. Annulment
g. Nullity
Fruits are also NOT included

FC, ART.147

Includes: ONLY Properties

proven to be acquired through
ACTUAL JOINT CONTRIBUTION

No marriage or marriage void but:

a. Couple has LEGAL CAPACITY
b. Man and Woman
c. Theres EXCLUSIVE cohabitation

Apply ART. 102

Apply ART.129

No marriage or void marriage

and:
a. Couple has NO LEGAL
CAPACITY
b. Theres NO EXCLUSIVE
COHABITATION

Apply 102 or 129

after judicial decree

NOTE:
For Voluntary dissolution through Judicial Decree: It can only be done once. If ACP/CPG was regained, no more voluntary dissolution can be done
again.

VOID MARRIAGES UNDER 147 AND 148

ARTICLE 147
Without Marriage License
Article 36 (Psychological Incapacity)
Article 53 (Not serving copies of declaration of nullity/annulment)
Lack of authority of Solemnizing Officer if done in good faith
No marriage Ceremony

ARTICLE 148
Marriages under Article 35 except nos. 3 and 6

GROUNDS SUMMARY
GROUND
1) Lack of Age (below 18)
(Art.35)
2) Absence of Marriage
License (Art.35)

3) Unauthorized
solemnizing officer
(Art.35)

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KIND OF
REQUISITE
Essential (legal
capacity)
Formal

EFFECT ON MARRIAGE/KIND OF MARRIAGE

EXCEPTIONS

Void ab initio

None

Void

Formal

Void

Chapter2, Articles 27-34: 5 year

cohabitation, Marriage in articulo mortis,
either spouse is near death and far from
the place of local civil registrar
If done in good faith, marriage is valid
and solemnizing officer has the liability

4) Bigamous Marriage not

under Art.41 (Art.35)
5) Mistake of Fact (Art.35)

Essential (legal
capacity)
Essential
(consent)

6) Not Complying to
Art.53- failure to
distribute copy of
separation (Art.35)
7) Psychological Incapacity
(Art. 36)

8) Incestuous Marriage
(Art.37&38)
9) Re-appearing Spouse
(Art.41)

Essential (legal
capacity; legal
impediment)
Essential (legal
capacity)

Void

None

Void

None

Void (although theres legal capacity)

none

Void

(However, according to Atty.Legarda, it

should be valid since there is legal
capacity and one can choose to live with
someone who is physically incapcitated)
None

Void

(abandoned spouse) Without declaration of

st
nd
presumptive death - 1 marriage valid, 2
marriage bigamous/void

None. Requirements are on Article 41

(abandoned spouse) With declaration of

st
nd
presumptive death- 1 marriage terminated, 2
marriage valid
(Spouse who left) Without Declaration of
st
Reappearance- 1 marriage valid , for remarriage
nd
2 marriage bigamous, marriage of the
abandoned spouse with another person remains
valid.

10) Marriage License not

filed separately
11) Physical Incapability
(Art.45)
12) 18 above, below 21
without consent (Art.45)

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Formal
Essential
(Capacity)
Essential (legal
capacity)

(Spouse who left) With Declaration of

st
nd
Reappearance- 1 marriage terminated, 2
marriage valid
Valid (only irregular/defective)
Voidable
Voidable

None
Should not be sterility but inability to
copulate
If minor have contracted prior marriage,
consent is not a problem for subsequent
marriage

13) Insanity (Art.45)

14) Force and Intimidation
(Art.45)
15) Fraud (Art.45)
16) Afflicted with STD
(Art.45)
17) Failure of either spouse
to appear in Marriage
Ceremony
Note:

Essential
(consent)
Essential
(consent)
Essential
(consent)
Essential
(capacity)
Formal

Voidable

None

Voidable

None

Voidable

None. See art.46 to know what

constitutes fraud
None

Voidable
Void

If failure is only on manner of

compliance, e.g. via webcam, the
marriage is VALID and merely irregular in
nature

Voidable marriages are valid until an action against is filed and was affirmed.
nd
If a husband/wife wants to return to the reappearing spouse, 2 marriage is terminated upon having certificate of reappearance. The left
nd
nd
spouse of that 2 marriage may remarry without doing anything. The Children on 2 marriage remains legitimate.
nd
In cases of reappearing spouse, the law protects the 2 marriage.
Children of Defective marriages are legitimate
Articles 35 and 45 are exclusive. Hence, other than those listed, none can be a ground for void or voidable marriage as the case may be.

Caluag| AY2010-2011