CIVIL PERSONALITY

(Arts. 37-47)
Person is a being, physical or moral, real or judicial and legal, which is
susceptible of rights and obligations or of being subject of legal relations. (2 Sanchez
Roman 110)
Juridical capacity is the fitness to be the subject of legal relations.
Capacity to act is the power to do acts with legal effect.
The former is inherent in every natural person and is lost only through death
while the latter is merely acquired and may be lost even before death. (Art. 37) (Q1,
1996 Bar) The union of both is what is known as full civil capacity.
Civil personality of the child shall commence from the time of his conception, for
all purposes favorable to him subject to the requirements, (Art. 5, PD 603) that, for civil
purposes, the foetus is considered born if it is alive at the time it is completely delivered
from the mothers womb. However, if the foetus had an intra-uterine life of less than 7
months, it is not deemed born if it dies within 24 hours after its complete delivery from
the maternal womb. (Art. 41)
Civil personality is extinguished by death. (Art. 42)
MARRIAGE
REQUISITES OF MARRIAGE
(Arts. 1-26, Family Code)
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.
(Art. 1)
Essential requisites of a valid marriage:

1. Legal capacity of the parties who must be a male and a female.

2. Consent freely given in the presence of the solemnizing officer. (Art. 2)
Formal requisites of marriage:

1. Authority of the solemnizing officer.

2. Valid marriage license except in marriage of exceptional character.
3. Marriage ceremony which takes place with the appearance of the contracting parties
before the solemnizing officer and their personal declaration that they take each other
as husband and wife in the presence of not less than 2 witnesses of legal age. (Art.
3)

The absence of any of the essential or formal requisites shall render the
marriage void ab initio, except where marriage was contracted with either or both
parties believing in good faith that the solemnizing officer had the legal authority to do
so. A defect in any of the essential requisites shall render the marriage voidable. An
irregularity in the formal requisites shall not affect the validity of the marriage but the
partie(s) responsible for the irregularity shall be civilly, criminally, and administratively
liable. (Art. 4) (Q4, 1996 Bar)
Marriage may be solemnized by:

1. Any incumbent member of the judiciary within the courts jurisdiction.

2. Any priest, rabbi, imam or minister of any church or religious sect xxx, and provided
that at least one of the contracting parties belongs to the solemnizing officers church
or religious sect.
3. Any ship captain or airplane chief only in the cases of marriage in articulo mortis.
4. Any military commander of a unit to which a chaplain is absent during military
operation, likewise only in case of marriages in articulo mortis between persons
within the zone of the military operations.
5. Any consul-general, consul or vice consul in the case of marriages between Filipino
citizens abroad. (Art. 7)
6. Duly elected mayor, in view of the Local Government Code. This includes a vicemayor who is the acting mayor.
All marriages solemnized outside the Philippines in accordance with the
law in force in the country where they were solemnized, and valid there as such,
shall also be valid in this country, except: (Art. 26)
1. If either or both parties did not have

legal capacity to get

married. (Art. 35[1])

2. Marriage is bigamous or polygamous . (Art. 34[4])
3. Consent of one party is lacking because of mistake as to
identity of the other. (Art. 35[5])
4. Those subsequent marriages that are void under Article 53 .
Section 53 provides that either of the former spouses may marry again after
complying with the requirement of recording in the appropriate civil registry and
registries of property, otherwise, the same shall not affect third persons, the following:
(Art. 52)

a. Judgment of annulment or of absolute nullity of the marriage.

b. Partition and distribution of the properties of the spouses.
c. Delivery of the childrens presumptive legitime. (Q10, 1990 Bar)
The presumptive legitime of the children shall be delivered in cash, property, or
securities, unless the parties have already provided for such matters and their
agreement has been approved by the court. (See Art. 51)
5. One

of the parties was psychologically incapacitated at the

time of the marriage to comply with the essential marital
obligations. (Art. 36)
6. Marriage is incestuous. (Art. 37)
7. Marriage is void by reason of public policy . (Art. 38)
Where a Filipino is married to a foreigner who thereafter obtained a valid
divorce abroad capacitating him or her to remarry, the Filipino spouse shall
likewise have the capacity to remarry under Phil. law. (Art. 26, as amended by EO
227)
The spouse who filed for divorce must be a foreigner at the time of the marriage.
(Q5, 1996 Bar)
MARRIAGES EXEMPT FROM THE LICENSE REQUIREMENTS
(Arts. 27-34, FC)
Marriages which are exempted from requiring a marriage license for their validity,
namely:

1. Marriages

in articulo mortis or at the point of death. (Art. 27)

In marriage in articulo mortis, all that is necessary is that the parties, including
the person solemnizing the marriage, must be convinced that there was imminent
danger of death. (Loria v. Felix, 104 Phil. 1)
2. Marriages

in remote places. (Art. 28)

3. Marriages between Muslims or among members of the
ethnic cultural communities. (Art. 33)
4. Legal ratification of marital cohabitation . (Art. 34)
Requisites regarding legal ratification of cohabitation:

a. The man and woman must have been living together as husband and wife for
at least 5 years before marriage and executing an affidavit thereon.

b. Parties must have no legal impediment to marry each other at the time of
marriage.
c. The solemnizing officer must execute a sworn statement that he had
ascertained the qualifications of the parties and that he had found no legal
impediment to their marriage.
5. Marriages

solemnized outside the Philippine where no

marriage license is required by the country where it was
solemnized.
VOID AND VOIDABLE MARRIAGES
(Arts. 35-54, FC)
Distinction:

Void
1. Inexistent from the time of its performance.
2. The property relations between the parties are governed
by the rules of co-ownership.

Voidable

1. Valid and binding until it is annu

court.

2. The property relations are, as a ge

by the rules on absolute commu

system is agreed upon in marriage

3. The children are considered illegitimate under Article 165, 3. The children conceived before the
FC (subject to exceptions).
4. The defect may be attacked either directly or collaterally.

are considered legitimate.

4. A judicial declaration is necessary.

5. The validity of a void marriage may be impugned by 5. The validity can be impugned only
anyone who is directly affected.

one of the contracting parties.

The following marriages are void:

1. Those

contracted by any party below 18 years of age even

with the consent of parents or guardians .
2. Those solemnized by any person not legally authorized to
perform marriage unless such marriage were contracted
with either or both parties believing in good faith that the
solemnizing officer had the legal authority to do so .
3. Those solemnized without license, except those covered by
the marriage exempted from license requirement .
4. Those bigamous or polygamous marriages .

5. Those

contracted through mistake of one contracting party

as to the identity of the other.
6. Those subsequent marriages that are void under Article 53 .
(Art. 35)
Either of the former spouses may marry again after complying with the
requirements of the immediately preceding Article; otherwise, the subsequent
marriage shall be null and void. (Art. 53)
7. Those

marriages contracted by any party who, at the time

of the celebration, was psychologically incapacitated to
comply with the essential marital obligations of marriage,
even if such incapacity becomes manifest only after its
solemnization. (Art. 36)
Psychological incapacity to discharge the essential marital obligations may be
made manifest in such instances (without being limited to the following) where:

a. The wife or husband refuses to dwell with and subsequently leaves the other
spouse without fault on the part of the latter or without any justifiable reason.
b. The wife refuses to have sex with the husband.
c. The wife refuses to have children.
d. There is unbearable jealousy on the part of either party, hence, making the
common life of the parties unbearable.
e. Immaturity or where their is lack of rational judgment and responsibility.
f. The husband or the wife cannot shoulder the heavy responsibility of being a
parent. (Cited in Jurados book)
In Molina case, the Court issued guidelines for annulling a marriage based on
psychological incapacity, to wit:
a. The burden of proof to show the nullity of marriage belongs to the
complainant. Any doubt should be resolved in favor of the marriage.
b. The root causes of psychological incapacity must be clinically identified, as
alleged in the complaing, and sufficiently proven by experts and clearly explained in
the decision.
c. Such incapacity must be also shown to be incurable and grave enough.
d. Such incapacity given by the National Appellate Matrimonial Tribunal of the
Catholic Church, while not controlling or decisive, should be given great respect by
the courts.

e. The trial court must order the prosecuting lawyer and the Solicitor General to
appear as counsel for the State.
f. The essential marital obligations must be those embraced by Articles 68 to 71
and Articles 220-221 and 225 which detail marital obligations of husbands and wives.
Article 68 provides, The husband and wife are obliged to live together, observe mutual
love, respect and fidelity, and render mutual help and support.

In Santos v. CA, 240 SCRA 20, this ground was held to be limited only to the
most serious cases of personality disorders clearly demonstrative of utter insensitivity
or inability to give meaning and significance to the marriage. Mere intention to live
apart does not fall under Article 36. (Q3, 1996 Bar)
8. Incestuous

marriages, whether the relationship between

the parties be legitimate or illegitimate . (Art. 37)
The following marriages are incestuous and void from the beginning:

a. Between ascendants and descendants of any degree.

b. Between brothers and sisters, whether of the full or half blood.
9. Those

which are declared void because they are contrary to

public policy. (Art. 38)
The following marriages are void from the beginning by reasons of public policy:

a. Between collateral blood relatives, whether legitimate or illegitimate, up to the

4th civil degree.
b. Between step-parents and step-children.
c. Between parents-in-law and children-in-law.
d. Between the adopting parents or its surviving spouse and the adopted child.
e. Between the surviving spouse of the adopted child and the adopter.
f. Between an adopted child and a legitimate child of the adopter.
g. Between adopted children of the same adopter.
h. Between parties where one, with intention to marry the other, killed that other
persons spouse or his/her own spouse.
Under the Family Code, the following can now marry:

a. Brother-in-law and sister-in-law.

b. Step-brother and step-sister
c. Guardian and ward.
d. Adopted child and illegitimate child of the adopter.

The action or defense for the declaration of absolute nullity of a marriage shall
not prescribe. (See Art. 39)

The absolute nullity of a previous marriage may

be invoked for purposes of remarriage on the basis
solely of a final judgment declaring such previous
marriage void.(Art. 40)
A marriage contracted by any person during the subsistence of a previous
marriage shall be null and void, unless before the celebration of the subsequent
marriage, the prior spouse had been absent for 4 consecutive years and the spouse
present had a well-founded belief that the absent spouse was already dead. xxx. For
the purpose of contracting the subsequent marriage under the preceding paragraph, the
spouse present must institute a summary proceeding as provide in this Code for the
declaration of presumptive death of the absentee, without prejudice to the effect of
reappearance of the absence spouse. (Art. 41)
The following marriages are voidable:

1. Those

where one or both parties were between the ages of

18 and 21 at the time of marriage, without the consent of
the parents, etc., unless after attaining the age of 21, such
party freely cohabited with the other and both lived
together as husband and wife.
2. Those where either party was unsound mind at the time of
marriage, unless such party after coming to reason,
cohabited with the other as husband and wife.
3. Those where the consent of either party at the time of
marriage was obtained by fraud, unless such party
afterwards, with full knowledge of the facts constituting the
fraud, freely cohabited with the other as husband and wife .
Circumstances of fraud which will serve as a ground of annulment of a marriage:

a. Non-disclosure of the previous conviction by final judgment of the other party

of a crime involving moral turpitude.
b. Concealment by the wife of the fact that at the time of the marriage, she was
pregnant by a man other than her husband.
c. Concealment of STD, regardless of its nature, existing at the time of the
marriage.

d. Concealment of drug addiction, habitual alcoholism, homosexuality or

lesbianism existing at the time of marriage.
No other misrepresentation or deceit as to character, health, rank, fortune or
chastity shall constitute such fraud as will give grounds for action for the annulment of
marriage. (Art. 46)
4. Those

where the consent of either party at the time of

marriage was obtained by force, intimidation or undue
influence, unless the same having disappeared or cease,
such party thereafter freely cohabited with the other as
husband and wife.
5. Those
where either party was, at the time of
marriage, physically
incapable of
consummating
the
marriage with the other, and such incapacity continues and
appears to be incurable.
Physical incapacity as a ground for the annulment of marriage refers to
impotency or the inability to perform the sexual act, and not sterility or the inability to
procreate. (Menciano v. San Jose, 89 Phil. 63) Triennial cohabitation declares the
presumption that the husband is impotent should the wife still remain a virgin after
living together with the husband for 3 years. (Tompkins v. Tompkins, 92 NJ) Relative
impotency is where a person is impotent with respect to his/her spouse but not with
another woman or man. Under the Family Code, relative impotency may be invoked
as a ground for annulment of marriage in view of the physical incapability of one party
to consummate said marriage with the other.
6.

Those where either party was, at the time of marriage,

afflicted with sexually-transmitted diseasefound to be
serious and appears incurable. (Art. 45)
Persons who may sue for annulment of marriage and prescriptive periods:

1. Non-age Within 5 years after reaching 21.

a. Before party becomes 21 her/his parent
b. After party becomes 18 or 20 the party herself or himself (Q13, 1990 Bar)
2. Unsoundness of mind At any time before the death of either party by:
a. The spouse who did not know of the others insanity.
b. The insane spouse during a lucid interval, or
c. Relatives or guardians of the insane.

3. Fraud Within 5 years after the discovery of the fraud by the injured party. (Q5,
1996 Bar)
4. Force

or intimidation Within 5 years from the time the force or intimidation

ceased by the injured party.

5. Impotence

and STD Within 5 years after the celebration of the marriage by

the injured party.

Rules upon liquidation of the absolute community or conjugal properties of the
annulled marriage:

1. Share in the net profits of the party who acted in bad faith shall be forfeited in favor of
the common children or, if none, the children of the guilty spouse by a previous
marriage, or in default of children, the innocent spouse.
2. If the donee contracted the marriage in bad faith, such donations shall be revoked by
operation of law.
3. The innocent spouse may revoke the designation of the other spouse who acted in
bad faith as beneficiary in any insurance policy, even if such designation is
irrevocable.
4. The spouse who contracted the marriage in bad faith shall be disqualified to inherit
from the innocent spouse by testate or intestate succession. (See Art. 43)
5. If both spouses acted in bad faith, donations by reason of marriage and testamentary
disposition made by one in favor of the other shall be revoked by operation of law.
(Art. 44)
Issues provided in the final judgment of annulment or declaration of nullity of
marriage:

1. The

liquidation, partition and distribution of the properties

of the spouses.
The conjugal dwelling shall be adjudicated to the spouse with whom the majority
of the common children should choose to remain.
2. Custody

and support of the common children.

Children below 7 years are deemed to have chosen the mother, unless the court
decides otherwise. In case there is no majority of the common children, the court
shall decide, taking into account the best interests of the children.
3. Delivery
(Art. 50)

of presumptive legitime of the common children .

Children conceived or born before the judgment of annulment

or absolute nullity of the marriage under Article 36 (psychological
incapacity) has become final and executory, shall be considered
legitimate. Children conceived or born of the subsequent marriage
under Article 53 shall likewise be legitimate. (Art. 54) (Q10, 1990 Bar)
LEGAL SEPARATION
(Arts. 55-67, FC)
Divorce is the dissolution or partial suspension by law of the marital relation.
Kinds:

1. Absolute divorce (vinculo matrimonii) is where the marriage tie is dissolved leaving
the parties to contract a new marriage.
2. Relative divorce (a mensa et thoro) is the separation of the spouse from bed and
board, but the marriage tie subsists and the parties are not allowed to marry again.
Under the Civil Code, this is known as legal separation.
Distinction:

Legal Separation
1. Marriage is not defective.
2. Grounds arise only after the marriage.
3. Spouses are still married to each other and cannot,
therefore, remarry.

Annulment of Marri
1. Marriage is defective.

2. Grounds must exist at the tim

marriage.

3. Spouses can marry again as the m

The grounds for legal separation are:

1. Repeated physical violence or grossly abusive conduct directed against the

petitioner, a common child, or a child of the petitioner.
2. Attempt of respondent to corrupt or induce the petitioner, a common child, or a child
of the petitioner, to engage in prostitution, or connivance in such corruption corruption
or inducement.
3. Physical violence or moral pressure to compel the petitioner to change religious or
political affiliation.
4. Final judgment sentencing the respondent to imprisonment of more than 6 years,
even if pardoned.
5. Drug addiction or habitual alcoholism of the respondent.

6. Lesbianism or homosexuality of the respondent.

7. Contracting by the respondent of a subsequent bigamous marriage, whether in the
Philippines or abroad.
8. Sexual infidelity or perversion.
9. Attempt by the respondent against the life of the petitioner.
10. Abandonment of petitioner by respondent without justifiable cause for more than
one year. ( Art. 55)
The defendant in actions for legal separation may avail of the following defenses:

1. Condonation
2. Consent
3. Connivance
4. Mutual guilt or where both parties have given ground for legal separation.
5. Collusion
6. Prescription of action or where the action was not filed within 5 years from the time of
the occurrence of the cause.
No decree of legal separation shall be based upon a stipulation of facts or
a confession of judgment.(Art. 60)
What the law prohibits is a judgment based exclusively on defendants
confession. Confession of judgment usually happens when the defendant appears in
court and confesses the right of the plaintiff to judgment or files a pleading expressly
agreeing to the plaintiffs demand. (Ocampo v. Florenciano, 107 Phil. 35)
The effects of a decree of legal separation are as follows:

1. Spouses shall be entitled to live separately from each other.

2. Absolute community/conjugal partnership shall be dissolved and liquidated.
3. Custody of the minor children shall be awarded to the innocent spouse.
4. Offending spouse shall be disqualified from inheriting from the innocent spouse by
intestate succession. Moreover, provisions in favor of the offending spouse made in
the will of the innocent spouse shall be revoked by operation of law. (Art. 63)
5. Innocent spouse may revoke the donations made by him or her in favor of the
offending spouse, as well as the designation of the latter as beneficiary in any
insurance policy, even if such designation be stipulated as irrevocable. The actions
to revoke the donations herein must be brought within 5 years from the time the
decree has become final. (Art. 64)

An action for legal separation is purely personal, only the innocent (and no one
else) to claim legal separation. Being personal in character, it follows that the death of
one party to the action causes the death of the action itself. Even if the action involves
property rights, the abatement will still apply. (Sy v. Eufemio, 43 SCRA 1771)
The effects of reconciliation of the spouse are as follows:

1. The legal separation proceedings, if still pending, shall thereby be terminated in

whatever stage.
2. The final decree of legal separation shall be set aside, but the separation of property
and any forfeiture of the share of the guilty spouse already effected shall subsist,
unless the spouse agree to revive their former property regime.
The court order containing the foregoing shall be recorded in the proper civil
registries. (Art. 66)
RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE
(Arts. 68-73, FC)
The personal obligations of the spouses to each other are:

1. To live together.
2. To observe mutual love, respect, and fidelity.
3. To render mutual help and support. (Art. 68)
The husband and wife shall fix the family domicile. In case of disagreement, the
court shall decide. The court may exempt one spouse from living with the other if the
latter should live abroad or there are other valid and compelling reasons for the
exemption. (Art. 69)
The spouse are jointly responsible for the support of the family. The expenses
for such support and other conjugal obligations shall be paid from such properties in the
order as follows:
1. Community or conjugal property.
2. Income or fruits of their separate properties.
3. Separate properties of the spouses. (Art. 70)
The management of the household shall be the right and duty of both spouses.
(Art. 71)
Obligations of cohabitation of husband and wife is not enforceable by contempt
proceedings. (Tenchavez v. Escano, 15 SCRA 335) The reason for this is that

cohabitation is a purely personal obligation. To compel the wife to comply with such
obligation would be an infringement of her personal liberty. However, the refusal of the
wife to perform her wifely duties, her denial of consortium and her desertion of her
husband would certainly constitute a willful infliction of injury upon her husbands
feelings in a manner which is contrary to morals, good customs and public policy for
which Article 21 authorize an award for moral damages.
Either spouse may exercise any legitimate profession, occupation, business or
activity without the consent of the other. The latter may object only on valid, serious,
and moral grounds. (Art. 73)
If the benefit has redounded to the family prior to the objection, the absolute
community/conjugal partnership properties shall be liable for the obligations resulting
from the transactions of the spouse who acted without the consent of the other.
However, if the profits or income have accrued after the objection, the resulting
obligations shall be enforced against the separate properties of the spouse who has not
obtained consent. (See Art. 73)

PROPERTY RELATION BETWEEN HUSBAND AND WIFE

(Arts. 74-148, FC)
Marriage settlement is a contract entered into by persons who are about to be
united in marriage for the purpose of fixing the condition of the conjugal partnership with
regard to present and future property.
The property relations between husband and wife shall be governed in the
following order:

1. By marriage settlement executed before the marriage.

2. By the provisions of the Family Code.
3. By the local custom. (Art. 74)
The future spouses may in the marriage settlement agree upon:

1. Absolute

Community of Property

All property of the spouses, with certain specified exceptions, belong to both
husband and wife jointly; that debts contracted by spouses or by one of them with the
consent of the other shall be paid from the community; and that ante-nuptial debts of

either spouse shall not be paid from the community, unless the same have
redounded to the benefit of the family.
2. Conjugal

Partnership of Gains

All the fruits of their exclusive properties, the income from work or industry of
both spouse during the marriage, and those which they acquired during the marriage
by onerous title with conjugal funds shall be place in a common fund, which shall be
divided equally between them or their heirs upon dissolution of the marriage; that the
husband, as a rule, shall administer such conjugal properties; that such conjugal
properties shall be liable for the expenses of the marriage, and that, as a rule, the
husband cannot alienate or encumber such conjugal property without the consent of
the wife.
3. Complete

Separation of Property

This may refer to present or future property or both; and that each spouse shall
proportionately bear the family expenses.
4. Any

other system or regime

The only limitation is that the agreement must not be contrary to law, morals,
good customs, public order, or public policy.
In the absence of marriage settlement, or when the regime agreed upon is void,
the system of absolute community of property as established in the Code shall govern.
(Art. 75)
As a rule, the property relations of husband and wife cannot be modified during
the marriage. It can only be done in the marriage settlement entered into by the future
spouses before the celebration of the marriage, except in case of judicial separation of
property during the marriage.
The marriage settlement and any modification thereof must be in writing, signed
by the parties and executed before the celebration of the marriage. They shall not
prejudice third persons unless they are registered in the local registry where the
marriage contract is recorded as well as in the proper registries of property. (Art. 77)
In the absence of a contrary stipulation in the marriage settlements, the property
relations of the spouses shall be governed by the Philippine Laws, regardless of the
place of the celebration of the marriage and their residence. The exceptions are:

1. Where both spouses are aliens.

2. With respect to the extrinsic validity of contracts affecting property not situated in the
Philippines and executed in the country where the property is located.

3. With respect to the extrinsic validity of contracts entered into in the Philippines but
affecting property situated in a foreign country whose laws require different formalities
for their extrinsic validity. (Art. 80)
Everything stipulated in the settlements or contracts in consideration of a future
marriage shall be rendered void if the marriage does not take place. However,
stipulations that do not depend upon the celebration of the marriage shall be valid. (Art.
81)
Donation propter nuptias is a donation by reason of marriage made before its
celebration, in consideration of the same, and in favor of one or both of the future
spouses. (Art. 82) The form of donation propter nuptias is governed by the rules on
ordinary donations.
Distinction:

Donation Propter Nuptias

Ordinary Donatio

1. Express acceptance is not necessary.

1. As a rule, express acceptance is ne

2. Both present and future properties may be donated.

2. Only present properties may be don

If the donor is a person other than one of the future spouse, he can donate only
present property. If the donor is one of the future spouses, he or she can donate either
present or future property or both. Donations of future property shal be governed by the
provisions on testamentary succession and the formalities of wills. (Art. 84)
A donation by reason of marriage is not revocable, save in the following cases:

1. If the marriage is not celebrated, or judicially declared void ab initio except donations
made in the marriage settlements.
2. When the marriage takes place without the consent of the parents or guardian as
required by law.
3. When the marriage is annulled, and the donee acted in bad faith. (Q6, 1996 Bar)
4. Upon legal separation, the donee being the guilty spouse.
5. If it is with a resolutory condition and the condition is complied with.
6. When the donee has committed an act of ingratitude.
Even if the marriage is not celebrated, the donation is still valid, although
revocable in character. Hence, the non-celebration of the marriage is merely a
resolutory condition which will entitle the donor to ask for the revocation of the donation.
(Solis v. Barroso, 53 Phil. 912)

Every donation or grants of gratuitous advantage, direct or indirect,

between the spouses during the marriage shall be void, except moderate gifts
which the spouses may give each other on the occasion of any family rejoicing.
The prohibition shall also apply to persons living together as husband and wife
without a valid marriage.(Art. 87)
Only a person who is directly prejudiced by the donation at the time when it was
made can subsequently question its validity. (Cook v. McMicking, 27 Phil. 10)
The absolute community of property shall be liable for:

1. Support
2. All

debts and obligations contracted during the marriage for

the benefit of the community.
3. Debts and obligations contracted by either spouse without
the consent of the other to the extent that the family may
have been benefited.
An obligation contracted by the husband alone is chargeable against the
conjugal partnership only when it was contracted for the benefit of the family. When
the obligation was contracted on behalf of the family business the law presumes that
such obligation will redound to the benefit of the family. However, when the obligation
was to guarantee the debt of a third party, the obligation is presumed for the benefit
of the third party, not the family. Hence, for the obligation under surety agreement to
be chargeable against the partnership it must be proven that the family was benefited
and that the benefit was a direct result of such agreement. (Ayala Investment v.
Ching, 286 SCRA 272) (Q1, 2000 Bar)
4. All

taxes, liens, charges and expenses upon the community

property.
5. All taxes and expenses for mere preservation made during
marriage upon the separate property of either spouse used
by the family.
6. Expenses to enable either spouse to commence or
complete a professional or vocational course, or other
activity for self-improvement.
7. Ante-nuptial debts of either spouse insofar as they have
redounded to the benefit of the family.

8. Value

of what is donated or promised by both spouses in

favor of their common legitimate children.
9. Ante-nuptial debts of either spouse other than those under
par. (7), support of illegitimate children, and liabilities
incurred by either spouse by reason of a crime or a quasidelict, the payment of which shall be considered as
advances to be deducted from the share of the debtor
spouse upon liquidation of the community.
10. Expenses of litigation between the spouses unless the suit
is found to be groundless.
If the community property is insufficient to cove the foregoing liabilities, except
under par. (9), the spouses shall be solidarily liable for the unpaid balance with their
separate properties.(Art. 94)
The administration and enjoyment of the community property shall belong to
both spouses jointly. In case of disagreement, the husbands decision shall prevail. In
case of incapacity or otherwise unable to participate in the administration, the
assumption of one spouse of the sole powers of administration does not include the
powers of disposition or encumbrance which must have the authority of the court or the
written consent of the other spouse, otherwise, the disposition or encumbrance shall be
void. However, the transaction shall be construed as a continuing offer on the part of
the consenting spouse and the third person. (See Art. 96) (Q1, 2000 Bar)
THE FAMILY
(Arts. 149-162, FC)
Family is a natural and social institution founded on the conjugal union, binding
together the individuals composing it, for the common accomplishment of the individual
and spiritual ends of life, under the authority of the original ascendant who heads it. (4
Valverde 8)
Family relations include those:

1. Between husband and wife.

2. Between parents and children.
3. Among other ascendants and descendants.
4. Among brothers and sisters, whether full or half-blood. (Art. 150)

No suit between members of the same family shall prosper unless it

should appear from the verified complaint or petition that earnest efforts toward a
compromise have been made, but that the same have failed.(Art. 151)
Family home is the dwelling house where the family reside and the land on
which it is situated which is constituted jointly by the husband and the wife or by an
unmarried head of a family. The family home is deemed constituted from the time it is
occupied as a family residence. (Art. 153)
Family home shall be exempt from execution, forced sale, or attachment, it may
not be so exempt for and to the extent of the value allowed by law:

1. Non-payment of taxes.
2. Debts incurred prior to the constitution of the family home.
3. Debts secured by mortgages on the premises before or after such constitution.
4. Debts due to laborer, mechanics, architects, builders, materialmen and others who
have rendered service or furnished materials for the construction of the building.
The actual value of the family home shall not exceed, at the time of its
constitution, the amount of P 300,000 in urban areas, and P 200,000 in rural areas, or
such amounts as may hereafter be fixed by law. (Art. 157)
The beneficiaries of a family home are:

1. Husband and wife, or an unmarried person who is the head of the family.
2. Their parents, ascendants, descendants, brothers and sisters (legitimate or
illegitimate) who are living in the family home and who depend upon the head of the
family for legal support.
Property that is subject of a conditional sale on installments where ownership is
reserved by the vendor to guarantee payment of the purchase price may be constituted
as a family home. (Art. 156)
The family home may be sold, alienated, donated, assigned or encumbered by
the owner(s) thereof, with the written consent of the person constituting the same, the
latters spouse, and a majority of the beneficiaries of legal age. (Art. 158)
The family home shall continue despite the death of one or both spouses or the
of the unmarried head of the family for a period of 10 years or for as long as there is a
minor beneficiary and the heirs cannot partition the same unless the court finds
compelling reasons therefor. (Art. 159)
A person may constitute or be the beneficiary of only one family home for the
purposes of availing of the benefits of a family home. (Art. 161)

PATERNITY AND FILIATION

(Arts. 163-182, FC)
Paternity is the civil status of a father/mother in relation to the children begotten
by him/her. Filiation is the civil status of a child in relation to its father/mother.
Children are classified as follows:

1. Legitimate
Children conceived or born during the marriage of parents. Children conceived
as a result of artificial insemination of the wife with the sperm of the husband or that
of a donor or both are likewise legitimate children of the husband and his wife,
provided that both of them authorized or ratified such insemination in a written
instrument executed and signed by them before the birth of the child. The instrument
shall be recorded in the civil registry together with the birth certificate of the child.
(Art. 164)
2. Illegitimate
Children conceived and born outside a valid marriage or children born of void
marriages. (Art. 165)
3. Legitimated
Children who, because of the subsequent marriage of their parents to each
other, are by legal fiction, considered legitimate. Legitimation is a remedy by means
of which those who, in fact were not born in wedlock and should be considered
illegitimate, are by fiction considered legitimate, it being supposed that they were
born when their parents where already married. (1 Manresa, 550) Only children
conceived and born outside wedlock of parents who, at the time of the conception of
the former, were not disqualified by any impediment to marry each other may be
legitimated. (Art. 177) (Q8, 1990 Bar)
In order that a child may be legitimated, the following essential requisites must
concur:

a. The child was conceived and born outside of wedlock.

b. At the time of the conception of the child, the parents were not disqualified by
any impediment to marry each other. (Art. 177)
c. The parents must subsequently enter into a valid marriage. (Art. 178)
The annulment of a voidable marriage shall not affect the legitimation. (Art. 178)
Legitimated children shall enjoy the same rights as legitimate children. (Art. 179) The

effects of legitimation shall retroact to the time of the childs birth. (Art. 180) The
legitimation of the child who died before the celebration of the marriage shall benefit
his descendants. (Art. 181)
4. Adopted
Children which results from the process of adoption, which is defined as the
juridical act which creates between 2 persons a relationship similar to that which
results from legitimate paternity and filiation. (4 Valverde, 473)
Grounds for the impugnation of the legitimacy of a child:

1. It

was physically impossible for the husband to have sexual

intercourse with his wife within the first 120 days of the 300
days which immediately preceded the birth of the child
because of:
a. Physical incapacity of the husband to have sexual intercourse with his wife.
b. Fact that the husband and wife were living separately in such a way that
sexual intercourse was not possible, or
c. Serious illness of the husband, which absolutely prevented sexual
intercourse.

2. It

is proved that for biological or other reasons, the child

would not have been that of the husband, except where the
child is conceived as a result of artificial insemination .
Blood tests can be submitted as proofs to support the impugnation of the
legitimacy of the child xxx it may have some probative value if the blood type and the
combination in the child is rare, thus, it is now up to the discretion of the judge
whether to admit the results. (Jao v. Jao, 152 SCRA 859)

3. In

case of children conceived through artificial insemination,

the written authorization or ratification of either parent was
obtained through mistake, fraud, violence, intimidation or
undue influence. (Art. 166)
The children shall be considered legitimate although the mother may have

declared against its legitimacy or may have been sentenced as an adulteress. (Art. 167)
The action to impugn the legitimacy of the child may be brought only by the
alleged father or heirs, as the case may be, within one year from the knowledge of the
birth or its recording in its civil register, if the husband/heirs, should reside in the city or

municipality where the birth took place or was recorded. Otherwise, the period shall be
2 years if they should reside in the Philippines, and 3 years if abroad. (See Art. 170)
Rules, in the absence of proof to the contrary, if the marriage is terminated and
the mother contracted another marriage within 300 days after such termination of the
former marriage:

1. A child born before 180 days after the solemnization of the subsequent marriage is
considered to have been conceived during the former marriage, provided it be born
within 300 days after the termination of the former marriage.
2. A child born after 180 days following the celebration of the subsequent marriage is
considered to have been conceived during such marriage, even though it be born
within the 300 days after the termination of the former marriage. (Art. 168)
Legitimacy or illegitimacy of a child born after 300 days following the termination
of the marriage, shall be proved by whoever alleges such legitimacy or illegitimacy. (Art.
169)
Filiation of a legitimate child may be established by any of the following:

1. Record of birth appearing in the civil register or a final judgment.

2. Admission of legitimate filiation in a public document or a private handwritten
instrument and signed by the parent concerned.
In the absence of the foregoing evidence, legitimate filiation shall be proved by:
1. Open and continuous possession of the status of a legitimate child.
2. Any other means allowed by the Rules of Court and special law. (Art. 172)
The action to claim legitimacy may be brought by the child during his or her
lifetime (and not the lifetime of the parents) and shall be transmitted to the heirs should
the child die during minority or in a state of insanity. The action already commenced by
the child shall survive notwithstanding the death of either or both of the parties. (Art.
173)
Legitimate children shall have the right:

1. To bear the surname of the father and the mother.

2. To receive support from their parents, their ascendants, and in proper cases, their
brothers and sisters.
3. To be entitled to the legitime and other successional rights granted to them by the
Civil Code. (Art. 174) (Q8, 1990 Bar)
Rights of an illegitimate child:

1. Shall use the surname of the mother.

2. Shall be under the parental authority of the mother.

3. Shall be entitled to support in conformity with the Family Code.
4. Shall be entitled to a legitime which shall consist of 1/2 of the legitime of a legitimate
child. (Art. 176) (Q8, 1990 Bar)
Illegitimate children may establish their illegitimate filiation in the same way and
on the same evidence as legitimate children. The action must be brought in the same
period specified in Article 173, except when the action is based on the 2nd paragraph of
Article 172, in which case the action may be brought during the lifetime of the allege
parent. (Art. 175)
ADOPTION
(Arts. 183-193, FC)
Adoption is the juridical act which creates between two persons a relationship
similar to that which results from legitimate paternity and filiation. Adoption proceedings
are judicial, and prescribed in Article 32-38 of PD 603.
The requisites are:

1. Adopter must be of age.

2. He must be in possession of full civil capacity and legal rights.
3. He must be in a position to support and care for his children, legitimate or illegitimate,
in keeping with the means of the family.
4. He must not be prohibited by law from adopting.
5. He must be at least 16 year older than the person to be adopted (unless he is the
parent by nature of the adopted, or is the spouse of the legitimate parent of the
person to be adopted).
6. Person to be adopted must be a minor (except in cases where the adoption of a
person of majority age is allowed in the Family Code) and must not be prohibited by
law from being adopted.
7. Written consent of those who, according to the law shall be necessary, must be
secured, and
8. Adoption must be done in accordance with the procedure dictated by pertinent
provisions of the Rules of Court and the Child and Youth Welfare Code. (Arts. 183,
184, 187)
Who may not adopt:

1. The guardian with respect to the ward prior to the approval of the final accounts
rendered upon the termination of the guardianship relation.
2. Any person who has been convicted of a crime involving moral turpitude.
3. An alien, except:
a. A former Filipino citizen who seeks to adopt a relative by consanguinity.
b. One who seeks to adopt the legitimate child of his or her Filipino spouse.
c. One who is married to a Filipino citizen and seeks to adopt jointly with his or
her spouse a relative by consanguinity of the latter.
d. In accordance with the rules on inter-country adoption as may be provided by
law. (Art. 184)
The general rule is that both husband and wife must jointly
adopt except in the following cases:
1. When one spouse seeks to adopt his own illegitimate child.
2. When one spouse seeks to adopt the legitimate child of the other. (Art. 185) (Q6,
1996 Bar)
In case husband and wife jointly adopt or one spouse adopts the legitimate child
of the other, joint parental authority shall be exercised by the spouses in accordance
with the Family Code. (Art. 186)
The following may not to be adopted:

1. A person of legal age, unless he or she is the child by nature of the adopter or his or
her spouse, or prior to adoption, said child had been consistently considered and
treated by the adopter as his or her own child during minority.
2. An alien with whose our government has not diplomatic relations.
3. A person who has already been adopted unless such adoption had been previously
revoked or rescinded. (Art. 187)
No petition for adoption shall be granted unless the DSWD has made a case
study of the child to be adopted, his natura parents as well as the prospective adopting
parents, and has submitted its report and recommendation on the matter to the court
hearing such petition. (Art. 33, PD 603) No petition for adoption shall be finally granted
unless or until the adopting parents are given by the court a supervised trial custody
period of at least 6 months to assess their adjustment and emotional readiness for the
legal union. The court may, upon its own motion or on motion of the petitioner, reduce
or dispense with the trial period if it finds that it is to the best interest of the child. (Art.
35, PD 603)

Adoption shall have the following effects:

1. The adopted shall be deemed to be a legitimate child of the adopters, and both shall
require the reciprocal rights and obligations arising from the relationship of parent and
child, including the right of the adopted to use the surname of the adopter.
2. The parental authority of the parents by nature over the adopted shall terminate and
be vested in the adopters, except that if the adopter is the spouse of the parent by
nature of the adopted, parental authority over the adopted shall be exercised by both
spouses.
3. The adopted shall remain an intestate heir of his parents and other blood relatives.
(Art. 189)
Grounds for the rescission or revocation of the adoption:

BY ADOPTED PERSON
1. Same grounds for loss or suspension of parental authority.
2. Same grounds prescribed for disinheriting an ascendant. (Art. 191)
BY THE ADOPTER
1. If the adopted has committed any act constituting a ground for disinheriting a
descendant.
2. When the adopted has abandoned the home of the adopter during minority for at
least one year, or by some other acts, has definitely repudiated the adoption. (Art.
192)
It is settled that if an alien adopts a Filipino child, our Civil Code cannot confer
on the child the nationality of the adopter. This would be a matter of foreign law. (Ching
Leng v. Galang, 164 Phil. 1058) Hence, a Filipino child adopted by an alien retains his
citizenship unless he acquires the nationality of the adopter through any of the means
under the latters national law.
SUPPORT
(Arts. 194-208, FC)
Support comprises everything indispensable for sustenance, dwelling, clothing,
medical attendace, education and transportation, in keeping with the financial capacity
of the family. (Art. 194)
PARENTAL AUTHORITY

(Arts. 209-232, FC)

Parental authority (Patria potestas) is a mass of rights and obligations which
parents have in relation to the persons and property of their children until their
emancipation, and even after this under certain circumstances. (2 Manresa 8) It include
the caring for and rearing of such children for civic consciousness and efficiency and the
development of their moral, mental and physical character and well-being.
The father and the mother shall jointly exercise parental authority
over the persons of their common children. In case of disagreement, the
fathers decision shall prevail, unless there is a judicial order to the
contrary. (Art. 211, par. 1) In case of separation of the parents, parental authority shall

be exercised by the parent designated by the court. The court shall take into account all
relevant considerations, especially the choice of the child over 7 years of age, unless
the parent chosen is unfit. No child under 7 years of age shall be separated fromt the
mother, unless the court finds compelling reasons to order otherwise. (Art. 213) In case
of death, absence or unsuitability of the parents, substitute parental authority shall be
exercised by the surviving grandparent. xxx. (Art. 214)
EMANCIPATION AND AGE OF MAJORITY
(Arts. 234-237, FC)
Emancipation is the release of a person from parental authority whereby he
becomes capacitated for civil life.
Emancipation takes place:

1. By the attainment of majority age of 18 years.

2. By the marriage of the minor.
3. By the recording in the Civil Register of an agreement in a public instrument executed
by the parents exercising parental authority and the minor at least 18 years of age.
(Art. 234, amended by RA 6809)
SUMMARY JUDICIAL PROCEEDINGS IN THE FAMILY LAW
(Arts. 238-253, FC)
USE OF SURNAMES

(Arts. 364-380, NCC)

If the child is a legitimate or a legitimated child shall use the surname of the
father; an adopted child shall use the surname of the adopting parent; and an
illegitimate child shall use the surname of the mother.
ABSENCE
(Arts. 381-395, NCC)
Absence is the legal status of a person who has absented himself from his
domicile and whose whereabouts and fate are unknown it not being known with
certainty whether he is still living or not.
There are 3 stages of absence:

1. Provisional absence is when a person disappears from his domicile, his

whereabouts being unknown, without leaving an agent to administer his property.
(Art. 381) The appointment of a representative in connection with such property is
urgent or necessary.
2. Declared absence is when a person disappears from his domicile, and 2 years have
elapsed without any news about him or since the receipt of the last news, or 5 years
have elapsed in case he left a person to administer his property. (Art. 384)
3. Presumptive death is when the absentee is presumed dead. After an absence of 7
years, it being unknown whether or not the absentee still lives, he shall be presumed
dead for all purposes, except for those of succession which is after 10 years
absence. If he disappeared after the age of 75 years, an absence of 5 years shall be
sufficient in order that his succession may be opened. (Art. 390)
CIVIL REGISTER
(Arts. 407-413, NCC)
Civil Register are the books and all documents relating thereto wherein all acts,
events and judicial decrees concerning the civil status of persons are recorded. (Art.
407)
No entry in a civil register shall be changed or corrected without a
judicial order. (Art. 412)

Only clerical errors of a harmless character or those which are visible to the
eyes or those which are made by a clerk or transcriber may be corrected in a civil

register. The procedure is summary in nature because it is a mere petition for

correction. However, even substantial errors in a civil registry may be corrected and the
true facts established provided the parties aggrieved by the error avail themselves of
the appropriate adversary proceeding. A petition filed by way of a special proceeding
for cancellation or correction of entries with the requisite notice and publication and the
recorded proceedings that actually took place thereafter could very well be regarded as
that proper suit or appropriate action. (Rep. V. Valencia, 32181, March 5, 1986)