UP Persons Reviewer

CIVIL LAW REVIEWER
PERSONS & FAMILY RELATIONS

Table of Contents
Chapter I. Civil Personality..............................3 III. Absolute Community of Property ........ 31

I. Concept and Classes of Persons..........3 IV. Conjugal Partnership of Gains ............ 34
II. Capacity to Act and Restrictions V. Separation of Properties During
Thereon..........................................................5 Marriage....................................................... 38
VI. Property regime of unions without
Chapter II. Citizenship and Domicile..............8 marriage....................................................... 39
I. Who are Filipinos ..................................8
II. Domicile ................................................8 Chapter IX. The Family and the Family Home
......................................................................... 41
Chapter III. Marriage.........................................9 I. Family.................................................. 41
I. Definition and Nature of Marriage .........9 II. Family Home....................................... 41
II. Requisites of Marriage ..........................9
III. Marriages Solemnized Abroad............11 Chapter X. Paternity and Filiation ................ 43
IV. Presumption of Marriage.....................11 I. Kinds of Filiation.................................. 43
II. Impugning Legitimacy (Art. 166) ......... 43
Chapter IV. Void Marriages ...........................13 III. Proof of Filiation (Arts. 172 and 175 (1))
I. Grounds ..............................................13 44
II. Period to File Action or Raise Defense IV. Legitimation (Arts. 177 and 182)......... 45
15 V. Rights of Legitimate and Illegitimate
III. Effects of Nullity ..................................16 Children (SSS)............................................. 45
Chapter XI. Adoption ..................................... 46
Chapter V. Voidable Marriages .....................18 I. RA 8552: Domestic Adoption Act of
I. Grounds for Annulment (Art. 45, FC) ..18 1998 46
II. Marriage When One Spouse Absent ..21 II. Adoption Procedure under RA 8552 IRR
III. Effects of Pending Actions/Decree (Secs. 10-32) ............................................... 47
(Art. 49, FC) .................................................22 III. RA 8043: Inter-Country Adoption Act of
IV. Voidable v. Void Marriage ...................23 1995 49
V. Voidable v. Legal Separation ..............23
VI. Jurisdiction ..........................................23 Chapter XII. Support ...................................... 51
I. Support................................................ 51
Chapter VI. Legal Separation, Divorce and De II. Who are Obliged to Support Each Other
Facto Separation ............................................24 (Art. 195)...................................................... 51
I. Grounds for Legal Separation.............24 III. Properties Answerable for Support (Art.
II. Defenses .............................................25 197-198) ...................................................... 52
III. When to File/Try Actions .....................25 IV. Order of Support (SDAB) .................... 52
IV. Effects of Filing Petition for Legal
Separation....................................................25
Chapter XIII. Parental Authority.................... 53
V. Effects of Decree for Legal Separation
I. Parental Authority ............................... 53
25
II. Substitute and Special Parental
VI. Reconciliation......................................26
Authority....................................................... 54
VII. Divorce............................................26
III. Suspension or Termination of Parental
VIII. De Facto Separation.......................27
Authority....................................................... 55
IV. Rights and Duties of Children ............. 55
Chapter VII. Rights and Obligations Between
Husband and Wife..........................................28
Chapter XIV. Funerals.................................... 56
I. Obligations of Spouses (Arts. 68-71, FC)
I. General Guidelines ............................. 56
28
II. Rights of Spouses (Arts. 72-73, FC) ...28
III. Use of Surname ..................................28
Chapter VIII. Property Relations Between

Spouses ..........................................................29
I. General Provisions..............................29
II. Donations by Reason of Marriage ......30
CIVIL LAW REVIEWER
SUCCESSION
Table of Contents
Chapter I. Concept of Succession................59 Chapter V. Partition and Distribution of

I. Definition of Succession (Art. 774, CC) Estate .............................................................. 83
59 I. Concept of Partition ............................ 83
II. Opening of Succession (Art. 777, CC) 59 II. Effects of Partition............................... 84
III. Kinds of Succession (Art. 778, CC) ....59 III. Nullification of Partition ....................... 84
IV. Heirs ....................................................60 IV. Important Periods in Partition ............. 85
Chapter II. Testamentary Succession ..........61 Chapter VI. Application of the Important
I. Concept ...............................................61 Concepts through Sample Computational
II. Testamentary Capacity .......................61 Problems......................................................... 86
III. Formalities of Wills ..............................61 I. Institution of Heirs ............................... 86
IV. Qualifications of Witnesses to a Notarial II. Legitimes............................................. 86
Will 62 III. Intestate Succession........................... 87
V. Qualifications of Witnesses to a Notarial IV. Accretion ............................................. 87
Will 63 V. Collation .............................................. 88
VI. Institution of Heirs ...............................63
VII. Applicable Principles of Private
International Law .........................................63
VIII. Codicils and Incorporation by
Reference ....................................................64
IX. Revocation of Wills and Testamentary
Dispositions..................................................64
X. Allowance and Disallowance of Wills..65
XI. Substitution of Heirs ............................66
XII. Legitimes.........................................67
XIII. Preterition........................................69
XIV. Reserva Troncal .............................69
XV. Disinheritance .................................70
XVI. Legacies and Devises.....................71
Chapter III. Intestate Succession..................74

I. Causes for Legal or Intestate
Succession...................................................74
II. The Intestate or Legal Heirs................74
III. Fundamental Underlying Principles in
Legal or Intestate Succession......................74
IV. Relationship (Arts. 963-969, CC) ........75
V. The Right of Representation (Art. 970,
CC) 75
VI. Order of Legal or Intestate Succession
76
VII. Concurrence in Legal or Intestate
Succession...................................................77
VIII. Outline of Intestate Shares .............77
IX. Order of Concurrence in the Case of an
Adopted Child (Art, 190, FC) .......................78
Chapter IV. Provisions Common to

Testamentary and Intestate Succession .....79
I. Accretion .............................................79
II. Capacity to Succeed ...........................80
III. Acceptance and Repudiation of
Inheritance ...................................................81
IV. Collation (Arts. 1061-1077, CC)..........81
CIVIL LAW REVIEWER
OBLIGATIONS
Table of Contents
Chapter I. General Provisions.......................91

I. Obligations ..........................................91
II. Sources of Obligations ........................91
Chapter II. Nature and Effect of Obligations93

I. Kinds of Prestations ............................93
II. Breach of Obligation............................94
III. Fortuitous Event (Force Majeure) .......96
IV. Remedies to Creditors ........................96
V. Usurious Transactions and Rules on
Interest .........................................................97
Chapter III. Different Kinds of Obligations ..98

I. Pure and Conditional Obligations .......98
II. Reciprocal Obligations ......................100
III. Obligations with a Period ..................100
IV. Alternative and Facultative Obligations
101
V. Joint and Solidary Obligations ..........103
Effects of Prejudicial and Beneficial Acts
(Art.1212) ...................................................105
VI. Divisible and Indivisible Obligations..106
VII. Oblligations with a Penal Clause ..106
Chapter IV. Extinguishment of Obligations

.......................................................................107
I. Payment or Performance ..................107
II. Loss or Impossibility..........................109
III. Condonation or Remission of the Debt
109
IV. Confusion or Merger of Rights ..........110
V. Compensation ...................................110
VI. Novation ............................................111
Charts: Payment & Performance ................114

CIVIL LAW REVIEWER
CONTRACTS
Table of Contents
Chapter I. General Provisions.....................122

I. Classification of Contracts.................122
II. Elements of Contracts.......................123
III. Stages of Contracts...........................123
IV. Charactertics of Contracts (MARCO) 123
Chapter II. Essential Requisites .................125

I. Consent .............................................125
II. Object ................................................127
III. Cause ................................................127
Chapter III. Forms of Contracts ..................129

I. Rules .................................................129
II. Kinds of Formalities...........................129
Chapter IV. Reformation of Contracts........130
Chapter V. Interpretation of Contracts.......130
Chapter VI. Defective Contracts .................131

I. Rescissible Contracts (Arts. 1380-1389)
131
II. Voidable Contracts (Arts. 1390-1402)
132
III. Unenforceable Contracts (Arts. 1403-
1408) ..........................................................133
IV. Void or Inexistent Contracts (Arts. 1409-
1422) ..........................................................134
CIVIL LAW REVIEWER
PROPERTY
Table of Contents
Chapter I. Definition and Classification of Chapter VII. Usufruct ................................... 181

Property.........................................................137 I. Concept............................................. 181
I. Definition ...........................................137 II. Characteristics .................................. 181
II. Classification .....................................137 III. Usufruct Distiguished from Lease and
Chapter II. Ownership ..................................144 Servitude.................................................... 181
I. Definition ...........................................144 IV. Classes of Usufruct........................... 182
III. Specific Rights under the Civil Code.144 V. Rights of Usufructuary ...................... 184
IV. Limitations on Real Right of Ownership VI. Rights of the Naked Owner............... 186
146 VII. Obligations of the Usufructuary .... 187
Chapter III. Accession..................................147 VIII. Special Cases of Usufruct ............ 190
I. Definition ...........................................147 IX. Extinguishment of Usufruct............... 192
II. General Principles of Accession .......147 X. Conditions Not Affecting Usufruct..... 194
III. Kinds of Accession............................147 Chapter VIII. Easement ................................ 196
IV. Principles Governing Each Kind of I. Concept............................................. 196
Accession...................................................147 II. Essential Features ............................ 196
Chapter IV. Quieting of Title........................152 III. Classification of Servitudes............... 197
I. In General .........................................152 IV. General Rules Relating to Servitudes
II. Purpose .............................................152 198
III. Nature: Quasi in Rem........................152 V. Modes of Acquiring Easements ........ 198
IV. Requisites .........................................152 VI. Rights and Obligations of Owners of
V. Prescription of Action ........................153 Dominant and Servient Estates ................. 199
Chapter V. Co-Ownership............................154 VII. Modes of Extinguishment of
I. Definition ...........................................154 Easements................................................. 200
II. Characteristics ..................................154 VIII. Legal Easements .......................... 202
III. Difference between Co-ownership and Chapter IX. Nuisance ................................... 212
Joint Tenancy.............................................155 I. Definition ........................................... 212
IV. Difference between Co-ownership and II. Classes ............................................. 212
Partnership.................................................155 III. Liability in Case of Nuisance............. 213
V. Sources of Co-Ownership .................155 IV. Regulation of Nuisances ................... 214
VI. Rights of Each Co-owner over the Thing Chapter X. Modes of Acquiring Ownership
or Property Owned in Common .................157 ....................................................................... 217
VII. Implication of Co-owners Right over I. Mode v. Title ..................................... 217
His Ideal Share ..........................................161 II. Mode ................................................. 217
VIII. Rules on Co-Ownership Not Chapter XI. Donation ................................... 222
Applicable to CPG or ACP.........................161 I. Nature ............................................... 222
IX. Special Rules on Ownership of Different II. Requisites ......................................... 222
Stories of a House as Differentiated from III. Kinds ................................................. 222
Provisions of the Condominium Act...........162 IV. Who May Give or Receive Donations
X. Extinguishment of Co-Ownership .....166 223
Chapter VI. Possession ...............................168 V. Who May Not Give or Receive
I. Definition ...........................................168 Donations................................................... 224
II. Degrees of Possession .....................169 VI. Acceptance ....................................... 225
III. Classes of Possession ......................169 VII. Form ............................................. 225
IV. Cases of Possession.........................169 VIII. What May Be Donated ................. 225
V. What Things May be Possessed ......170 IX. Effect ................................................. 226
VI. What May Not Be Possessed by Private X. Revocation and Reduction................ 227
Persons......................................................171 Chapter XII. Lease........................................ 232
VII. Acquisition of Possession .............171 I. General Characteristics .................... 232
VIII. Effects of Possession ...................173 II. Kinds ................................................. 232
IX. Effects of Possession in the Concept of III. Lease of Things ................................ 232
Owner ........................................................177
X. Presumption in Favor of the
Possessorfor Acquisitive Prescription ....178
XI. Possesion May Be Lost By ...............179
CIVIL LAW REVIEWER
LAND TITLES and DEEDS

Table of Contents
Chapter I: Background, Basic Concepts and Chapter 6: System of Registration of

General Principles........................................239 Unregistered Lands ..................................... 261
I. Definitions and Basic Concepts ........239 I. Key Points......................................... 261
II. Nature and stages.............................240 II. Procedure ......................................... 261
III. Purpose of Registration.....................240
IV. Modes of Acquiring Land Titles.........240 Chapter 7: Registration of Public Lands ... 262
V. Jurisdiction ........................................240 I. Classification of Land of the Public
Domain ...................................................... 262
Chapter 2: Torrens Certificate of Title .......241 II. Nature of Title to Public Lands
I. Original Certificate of Title or OCT....241 Conveyed .................................................. 262
II. Transfer Certificate of Title................241 III. Procedure of Conveying Public Land to
III. Patents ..............................................241 a Private Person ........................................ 262
IV. Director of Lands: Quasi-judicial officer
Chapter 3: Original Registration.................242 263
I. Laws Governing Land Registration...242 V. Modes of Alienating Public Lands:.... 263
II. Effect of Registration.........................242 VI. Patents ......................................... 263
III. Original Registration Proceeding ......242
IV. Attributes of and Limitation In Certificate Chapter 8: Remedies of the Aggrieved Party
of Title and Registered Land (FIIC) ...........247 ....................................................................... 264
V. Judicial Confirmation of Imperfect or
Incomplete Titles............................249 Chapter 9: Reconstitution 0f Titles ........... 266
I. Grounds ............................................ 266
Chapter 4: Cadastral Registration II. Petitions for Reconstitution ............... 266
Proceedings..................................................251 III. Duties of the Land Registration Authority
I. Steps in Cadastral Registration 266
Proceedings ...............................................252 IV. Effects of Fraud, Deceit and
Machination in the Reconstitution of Titles 266
Chapter 5: Subsequent Registration..........253
I. Two Types of Dealings......................253
II. Necessity and Effects of Registration
253
III. Voluntary vs. Involuntary Dealings..253
IV. Registration of Voluntary Instruments in
General ......................................................254
V. Registration of Deeds of Sale and
Transfers....................................................255
VI. Mortgages and Leases......................256
VII. Powers of Attorney; Trusts ...........257
VIII. Involuntary Dealings .....................257
CIVIL LAW REVIEWER
SALES
Table of Contents
Chapter I. The Contract of Sale ..................269

I. Definition (Art 1458, CC) ...................269
II. Elements ...........................................269
III. Stages ...............................................274
IV. Kinds of Sale .....................................275
V. Form ..................................................276
VI. Sale Distinguished From Other
Contracts....................................................276
Chapter II. Obligations of the Seller and

Buyer .............................................................278
I. Obligations of the Seller ....................278
II. Obligations of the Buyer....................284
Chapter III. Double Sales .............................286

I. General Rule .....................................286
II. Requisites .........................................286
III. Rules Governing Sale of Movables,
Immovables and Unregistered Lands ........286
Chapter IV. Risk of Loss..............................288

I. General Rule .....................................288
II. Exceptions.........................................288
Chapter V. Documents of Title....................289

I. In General .........................................289
II. Negotiable Documents of Title..........289
III. Non-Negotiable Documents of Title ..289
Chapter VI. Remedies of the Seller and Buyer

.......................................................................291
I. General Remedies (Art. 1191, CC) ...291
II. Remedies of the Seller......................291
III. Remedies of the Buyer......................295
Chapter VII. Extinguishment of Sale ..........298

I. In General .........................................298
II. Conventional Redemption.................298
III. Equitable Mortgage ...........................299
IV. Legal Redemption .............................300
Chapter VIII. Philippine Bulk Sales Law (Act

3952) ..............................................................303
I. Purpose .............................................303
II. Coverage...........................................303
III. Duty of Seller.....................................303
IV. Effect of non-compliance...................304
CIVIL LAW REVIEWER
CREDIT TRANSACTIONS
Table of Contents
Chapter I. General Principles ......................307 Chapter VIII. Concurrence and Preference of

I. Types of Credit Transactions ............307 Credits........................................................... 338
II. Security .............................................307 I. General Provisions............................ 338
III. Bailment ............................................307 II. Classification of Credits .................... 338
III. Preference of Credits ........................ 338
Chapter II. Loan (Arts. 1933-1961, CC).......309
I. Definition ...........................................309
II. Characteristics of a Loan ..................309
III. Kinds of Loan: In General .................309
IV. Commodatum....................................309
V. Obligations of the Bailee in
Commodatum ............................................310
VI. Obligations of the Bailor in
Commodatum ............................................311
VII. Mutuum or Simple Loan................311
VIII. Interests ........................................312
IX. The Usury Law ..................................312
Chapter III. Deposit ......................................314

I. Definition ...........................................314
II. Kinds of Deposit ................................314
III. Characteristics of Deposit .................314
IV. Deposit Distinguished From Mutuum
and Commodatum .....................................314
V. Obligations of the Depositary............314
VI. Obligations of the Depositor..............317
VII. Extinguishment of Deposit (Art. 1995)
317
VIII. Necessary Deposit........................317
IX. Judicial Deposit .................................318
Chapter IV. Guaranty ...................................319

I. Definition ...........................................319
II. Characteristics ..................................319
III. Classification .....................................319
IV. Rules Governing Guaranty ...............319
V. Guaranty Distinguished from Others.322
VI. The Guarantor (Arts. 2056-2057)......322
VII. Effects of Guaranty .......................322
VIII. Extinguishment of Guaranty .........325
Chapter V. Legal and Judicial Bonds.........326
Chapter VI. Suretyship.................................327
Chapter VII. Pledge, Mortgage, Antichresis

.......................................................................328
I. Essential Requisites Common to Pledge
and Mortgage (Art. 2085)...........................328
II. Pledge ...............................................329
III. Mortgage ...........................................332
IV. Foreclosure of Mortgage (Art. 2085).334
V. Antichresis.........................................336
VI. Chattel Mortgage...............................336
CIVIL LAW REVIEWER
AGENCY
Table of Contents
Chapter I. Nature, Form, and Kinds of Agency

.......................................................................341
I. Definition [Art. 1868, CC] ..................341
II. Purpose .............................................341
III. Characteristics [CNPPBF].................342
IV. Essential Elements............................342
V. Determination of Existence of Agency
342
VI. Agency v Similar Contracts ...............343
VII. Kinds .............................................344
Chapter II. Obligations of the Agent...........348

I. To Carry Out the Agency ..................348
III. To Advance the Necessary Funds [Art.
1886, CC]...................................................349
IV. To Act in Accordance with Principals
Instructions.................................................349
V. To Prefer Interest of Principal Over
Personal Interest........................................349
VI. To Render Accounts and Deliver Things
Received by Virtue of the Agency..............349
VII. To Be Responsible for Substitutes350
VIII. To Pay Interest .............................350
IX. To Answer for His Negligence or Fraud
[Art. 1909, CC] ...........................................350
X. Special Obligations of Factor/
Commission Agents ...................................350
Chapter III. Liabilities of the Agent .............352

I. Liability to Third Persons...................352
II. Liability to the Principal .....................352
III. Liability of Two or More Agents.........353
Chapter IV. Obligations of the Principal ...354

I. To Comply with the obligations
contracted by the agent .............................354
II. To Advance the Necessary Sums and
Reimburse the Agent .................................355
III. To Indemnify the Agent for Damages355
IV. To Pay the Agents Compensation ...356
V. To Be Solidarily Liable ......................356
Chapter V. Extinguishment of Agency......357

Extinguishment of Agency [EDWARD] ......357
I. Expiration of the period for which it was
constituted..................................................357
II. Death, civil interdiction, insanity,
insolvency ..................................................357
III. Withdrawal of the agent ....................357
IV. Accomplishment of the object of the
agency .......................................................357
V. Revocation ........................................357
VI. Dissolution of the firm/corp. Which
entrusted/accepted the agency..................358
CIVIL LAW REVIEWER
PARTNERSHIP
Table of Contents
Chapter I. Nature, Creation, Kinds of III. Right to Lien or Retention, to Stand in

Partnership ...................................................361 Place of Creditor, to be Indemnified .......... 377
I. Essential Features ............................361 IV. Right of Retiring/Deceased Partner (Art.
II. Characteristics ..................................362 1841, CC) .................................................. 377
III. Distinctions ........................................362 V. Right of Account (Art. 1842, CC) ...... 378
IV. Rules to Determine Existence...........363
V. How Partnership is Formed ..............363 Chapter VIII. Rules on Settlement (Art. 1839,
VI. Partnership Term ..............................363 CC)................................................................. 379
VII. Kinds of Partnerships....................363
Chapter IX. Limited Partnership ................ 380
Chapter II. Obligations of the I. Definition ........................................... 380
Partnership/Partners Among Themselves 366 II. Forming/Amending a Limited
CRRAMP-LS..............................................366 Partnership (Art. 1844, CC) ....................... 381
I. Make Contributions as Promised ......366 III. Limited Partner.................................. 382
III. Manage the Partnership....................367 IV. General Partner ................................ 384
IV. Render Full Information.....................368 V. Dissolution ........................................ 384
V. Account for benefits ..........................368 VI. Settling Accounts for Dissolution ...... 385
VI. Reimburse expenses ........................368
VII. Liable for Partnership Contracts ...368
VIII. Solidarily Liable with Partnership.369
Chapter III. Obligations of the

Partnership/Partners as to Third Persons.370
LANN .........................................................370
I. Operate Under a Firm Name (Art. 1815,
CC) 370
II. Bound by Partnership Admission......370
III. Bound by Notice Partner ...................370
IV. Liable for Acts of the Partnership......370
Chapter IV. Rights of Partners ...................371

I. Share in Losses and Profits ..............371
II. Associate Another in His Interest......371
III. Access to Partnership Books ............371
IV. Obtain Formal Account .....................371
V. Property Rights .................................371
VI. Convery Real Property (Art. 1819, CC)
372
Chapter V. Rights of the Partnership ........374

I. Acquire Immovables..........................374
II. Preference of Creditors .....................374
Chapter VI. Dissolution and Winding Up ..375

I. Definitions .........................................375
II. Causes for Dissolution ......................375
III. Consequences of Dissolution ...........375
IV. Partners Liability...............................376
Chapter VII. Rights of Partners Upon

Dissolution....................................................377
I. Right to Wind Up ...............................377
II. Right to Damages for or to Continue
Business on Wrongful Dissolution .............377
CIVIL LAW REVIEWER
TORTS & DAMAGES

Table of Contents
Chapter I. Introduction, Definitions............388

A. Tort and Quasi-Delict ........................388
B. Damages ...........................................389
Chapter II. Concept of Quasi-Delict............390

A. Elements ...........................................390
B. Distinguished.....................................390
Chapter III. Negligence ................................392

A. Concept of Negligence......................392
B. Degrees of Negligence......................393
C. Proof of Negligence...........................393
D. Defenses ...........................................394
Chapter IV. Causation..................................396

A. Proximate Cause...............................396
Chapter V. Persons Liable...........................399

A. The Tortfeasor...................................399
B. Vicarious Liability ..............................399
C. Specific Liability.................................403
D. Joint and Solidary Liability ................407
E. Civil Liability Arising From Crime...........407
F. Prescription .......................................408
Chapter VI. Tortious Interference With

Contract.........................................................409
Chapter VII. Torts with Independent Civil

Action ............................................................410
A. Violation of Civil and Political Rights.410
B. Defamation, Fraud, Physical Injuries 410
Chapter VIII. Human Relations Provisions 413

A. Abuse of Rights.................................413
B. Acts Contra Bonus Mores .................413
Other Torts ...............................................414
C. Dereliction of Duty.............................414
D. Illegal Acts .........................................414
E. Unfair Competition ............................414
F. Violation of Human Dignity................414
Chapter IX. Damages ...................................415

A. Definition and Concept......................415
B. Kinds of Damages.............................415
CIVIL LAW REVIEWER
PRIVATE INTERNATIONAL LAW

Table of Contents
Chapter I. Introduction.................................427 Chapter XI. Property .................................... 447

I. Controlling LawLex Situs/Lex Rei
Chapter II. Jurisdiction ................................429 Sitae 447
I. Bases of Exercise of Judicial Jurisdiction II. Exceptions to Lex Situs..................... 447
429 III. Situs of Certain Properties ................ 447
II. Exercise of Jurisdiction .....................429
III. Ways of Dealing with Jurisdiction in a Chapter XII. Contracts ................................. 449
Conflicts Problem.......................................430 I. Extrinsic Validity of Contracts ........... 449
II. Extrinsic Validity of Contracts ........... 449
Chapter III. Choice of Law ...........................431 III. Capacity to Enter Into Contracts....... 449
I. Approaches to Choice of Law ...........431 IV. Choice of Law Issues in Conflicts
Contracts Cases ........................................ 449
Chapter IV. Characterization .......................433 V. Limitation Choice of Law................... 450
I. Types of Characterization .................433 VI. Applicable Law in the Absence of
II. Depecage ..........................................433 Effective Choice......................................... 450
Chapter V. Renvoi ........................................434 Chapter XIII. Succession ............................. 451

I. Definition ...........................................434 I. Extrinsic Validity (Arts. 17, 815-817, CC)
II. Ways of Dealing with Renvoi ............434 451
II. Intrinsic Validity ................................. 451
Chapter VI. Notice and Proof of Foreign Law III. Interpretation of Wills ........................ 451
.......................................................................435 IV. Revocation ........................................ 451
I. Proof of Foreign Law.........................435 V. Probate.............................................. 451
II. Exceptions to the Application of Foreign VI. Administration of Estates .................. 452
Law 435 VII. Trusts............................................ 452
Chapter VII. Nationality................................436 Chapter XIV. Torts and Crimes ................... 453
I. Determination of Nationality ..............436 I. Torts .................................................. 453
II. Procedure for Naturalization .............436 II. Crimes............................................... 454
III. Loss of Philippine Citizenship ...........437
IV. Problems in Applying the Nationality Chapter XV. Torts and Crimes .................... 455
Principle .....................................................438 I. Personal Law of Corporations .......... 455
II. Domicile/Residence of Corporations 455
Chapter VIII. Domicile ..................................439 III. Jurisdiction Over Foreign Corporations
I. Domicile ............................................439 455
II. Comparative Merits and Demerits of IV. Right of Foreign Corporations to Bring
Domicile and Nationality ............................440 Suit 456
Chapter IX. Principles on Personal Status Chapter XVI. Foreign Judgments ............... 457
and Capacity.................................................441 I. Recognition v. Enforcement.............. 457
I. Definition ...........................................441 II. Bases of Recognition and Enforcement
II. Beginning and End of Personality.....441 457
III. Absence ............................................441 III. Policy of Preclusion Underlying
IV. Name.................................................442 Recognition and Enforcement ................... 457
V. Age of Majority ..................................442 IV. Requisites for Recognition or
VI. Capacity ............................................442 Enforcement .............................................. 457
V. Procedures for Enforcement ............. 457
Chapter X. Family Relations........................443 VI. Effect of Foreign Judgment in the
I. Marriage ............................................443 Philippines ................................................. 458
II. Divorce and Separation.....................445
III. Annulment and Declaration of Nullity 445
IV. Parental Relations.............................446
V. Adoption ............................................446
CIVIL LAW REVIEWER TABLE of CONTENTS
PERSONS & FAMILY RELATIONS 2

Table of Contents

Chapter I. Civil Personality..............................3 III. Absolute Community of Property ........ 31
I. Concept and Classes of Persons..........3 IV. Conjugal Partnership of Gains ............ 34
II. Capacity to Act and Restrictions V. Separation of Properties During
Thereon..........................................................5 Marriage....................................................... 38
VI. Property regime of unions without
Chapter II. Citizenship and Domicile..............8 marriage....................................................... 39
I. Who are Filipinos ..................................8
II. Domicile ................................................8 Chapter IX. The Family and the Family Home
......................................................................... 41
Chapter III. Marriage.........................................9 I. Family.................................................. 41
I. Definition and Nature of Marriage .........9 II. Family Home....................................... 41
II. Requisites of Marriage ..........................9
III. Marriages Solemnized Abroad............11 Chapter X. Paternity and Filiation ................ 43
IV. Presumption of Marriage.....................11 I. Kinds of Filiation.................................. 43
II. Impugning Legitimacy (Art. 166) ......... 43
Chapter IV. Void Marriages ...........................13 III. Proof of Filiation (Arts. 172 and 175 (1))
I. Grounds ..............................................13 44
II. Period to File Action or Raise Defense IV. Legitimation (Arts. 177 and 182)......... 45
15 V. Rights of Legitimate and Illegitimate
III. Effects of Nullity ..................................16 Children (SSS)............................................. 45
Chapter XI. Adoption ..................................... 46
Chapter V. Voidable Marriages .....................18 I. RA 8552: Domestic Adoption Act of
I. Grounds for Annulment (Art. 45, FC) ..18 1998 46
II. Marriage When One Spouse Absent ..21 II. Adoption Procedure under RA 8552 IRR
III. Effects of Pending Actions/Decree (Secs. 10-32) ............................................... 47
(Art. 49, FC) .................................................22 III. RA 8043: Inter-Country Adoption Act of
IV. Voidable v. Void Marriage ...................23 1995 49
V. Voidable v. Legal Separation ..............23
VI. Jurisdiction ..........................................23 Chapter XII. Support ...................................... 51
I. Support................................................ 51
Chapter VI. Legal Separation, Divorce and De II. Who are Obliged to Support Each Other
Facto Separation ............................................24 (Art. 195)...................................................... 51
I. Grounds for Legal Separation.............24 III. Properties Answerable for Support (Art.
II. Defenses .............................................25 197-198) ...................................................... 52
III. When to File/Try Actions .....................25 IV. Order of Support (SDAB) .................... 52
IV. Effects of Filing Petition for Legal
Separation....................................................25
Chapter XIII. Parental Authority.................... 53
V. Effects of Decree for Legal Separation
I. Parental Authority ............................... 53
25
II. Substitute and Special Parental
VI. Reconciliation......................................26
Authority....................................................... 54
VII. Divorce............................................26
III. Suspension or Termination of Parental
VIII. De Facto Separation.......................27
Authority....................................................... 55
IV. Rights and Duties of Children ............. 55
Chapter VII. Rights and Obligations Between
Husband and Wife..........................................28
Chapter XIV. Funerals.................................... 56
I. Obligations of Spouses (Arts. 68-71, FC)
I. General Guidelines ............................. 56
28
II. Rights of Spouses (Arts. 72-73, FC) ...28
III. Use of Surname ..................................28
Chapter VIII. Property Relations Between

Spouses ..........................................................29
I. General Provisions..............................29
II. Donations by Reason of Marriage ......30
CIVIL LAW REVIEWER Chapter I. CIVIL PERSONALITY
PERSONS & FAMILY RELATIONS TEAM

Chapter I. Civil Personality

Prof. Carolina Austria
I. CONCEPT AND CLASSES OF PERSONS
3
Faculty Editor
A. NATURAL PERSONS

Anisah Azis B. JURIDICAL PERSONS
Karen Torres II. CAPACITY AND RESTRICTIONS THEREON
Lead Writer A. PRESUMPTIONS OF CAPACITY
Dana Crisostomo Eden Mopia B. RESTRICTIONS
Jaimmie Hans Faye Celso 1. MINORITY
Nathan Pico Mark Oyales 2. INSANITY
Zharmai Garcia Camille Umali 3. BEING DEAF-MUTE
Rowena Yang JC Punongbayan
4. PRODIGALITY
Margie Lim Mary Beley
Jiselle Compuesto Aboy Bayalan 5. CIVIL INTERDICTION
Mickey Chatto Welga Carrasco 6. FAMILY RELATIONS
Joan Batimana 7. ABSENCE
Writers
CIVIL LAW I. Concept and Classes of Persons

Kristine Bongcaron
Patricia Tobias Concept of Persons
Subject Editor Personality is the quality derived from
being a person; it is an attribute of
ACADEMICS COMMITTEE persons.
Kristine Bongcaron
Michelle Dy Characteristics
Patrich Leccio 1. It is not a being, but a quality of certain
Editors-in-Chief
beings.
PRINTING & DISTRIBUTION 1. It is not a physical element, but a juridical
Kae Guerrero
concept.
2. It is not an object of contract, or of
DESIGN & LAYOUT possession, and cannot be impaired by
Pat Hernandez agreement.
Viktor Fontanilla 2. It is a matter of public interest.
Rusell Aragones
Romualdo Menzon Jr. Article 37, Civil Code. Juridical capacity, which is
Rania Joya the fitness to be the subject of legal relations, is
inherent in every natural person and is lost only
LECTURES COMMITTEE through death. Capacity to act, which is the power
Michelle Arias to do acts with legal effect, is acquired and may be
Camille Maranan lost.
Angela Sandalo
Heads Kinds of Juridical Capacity
Katz Manzano Mary Rose Beley 1. Juridical Capacity:
Sam Nuez Krizel Malabanan aka as Legal Capacity/Personality =
Arianne Cerezo Marcrese Banaag Fitness of man to be the subject of legal
Volunteers
relations
MOCK BAR COMMITTEE It refers to the aptitude for the holding
and enjoyment of rights.
Lilibeth Perez It is inherent in every natural person
and is lost only through death. This
BAR CANDIDATES WELFARE
attaches to man by the mere fact of his
Dahlia Salamat being a man.
2. Capacity to Act:
LOGISTICS
It refers to the power to do acts with
Charisse Mendoza legal effect.
It is conditional and variable. It is
SECRETARIAT COMMITTEE acquired and may be lost. It requires
Jill Hernandez both intelligence and will.
Head
Loraine Mendoza Faye Celso Note: Juridical capacity can exist even
Mary Mendoza Joie Bajo without capacity to act; the existence of
Members
the latter implies that of the former. The Complete respiration = test/sign of
capacity or incapacity of persons depends independent life
upon the law. Both juridical capacity and 4
capacity to act are not rights but qualities of Note: For a fetus that had an intra-uterine life

persons; hence, they cannot be renounced. of less than seven months, it is necessary
that it lives for at least 24 hours, for it to be
A. Natural Persons (asked in 99 bar exam) considered born.
General Rule: Birth determines personality (Art Article 42, Civil Code. Civil personality is
40). Death extinguishes civil personality (Art extinguished by death.
42).
The effect of death upon the rights and obligations of
the deceased is determined by law, by contract and
Exception: a conceived child shall be by will.
considered born for all purposes that are
FAVORABLE to it, provided it be born
People v. Tirol, (1981)
later (Art 40, 2nd clause) with the following
Criminal liability ends with death BUT civil
circumstances:
liability may be charged against the estate.
a. From the time it is completely delivered
from the mother's womb. Article 43, Civil Code. If there is a doubt, as
b. But if the fetus had an intra-uterine life between two or more persons who are called to
of less than seven months, it should succeed each other, as to which of them died first,
survive for at least 24 hours after its whoever alleges the death of one prior to the other,
complete delivery. (Art. 41, CC) shall prove the same; in the absence of proof, it is
presumed that they died at the same time and there
Article 40, Civil Code. Birth determines personality; shall be no transmission of rights from one to the
but the conceived child shall be considered born for other.
all purposes that are favorable to it, provided it be
born later with the conditions specified in the Note: Article 43 provides a statutory
following article. presumption when there is doubt on the
order of death between persons who are
Birth = complete removal of the fetus from the called to succeed each other (only).
mothers womb; before birth, a fetus is merely
part of the mothers internal organs Joaquin v. Navarro, (1948)
The statutory presumption of Article 43 was not
Personality of Conceived Child
applied due to the presence of a credible
1. Limited = only for purposes FAVORABLE to
eyewitness as to who died first.
it
2. Conditional = it depends upon the child Presumption in the Rules of Court (Rule 123,
being born alive later sec. 69, par. ii)
Period of Conception = the first 120 days of Age Presumed Survivor
the 300 days preceding the birth of the child 1. Both under 15 Older
2. Both above 60 Younger
3. One under 15, the One under 15
A conceived child can acquire rights while still in
other above 60
the mothers womb. It can inherit by will or by 4. Both over 15 and Male
intestacy. under 60; different
sexes
Geluz v CA, (1961) 5. Both over 15 and Older
An aborted fetus had conditional personality but under 60; same sex
never acquired legal rights/civil personality 6. One under 15 or One between 15 and 60
because it was not alive at the time of delivery over 60, the other
from the mothers womb. No damages can be between those ages
claimed in behalf of the unborn child.
Note: Applicable only to two or more persons
Article 41, Civil Code For civil purposes, the fetus who perish in the same calamity, and it is
is considered born if it is alive at the time it is not shown who died first, and there are no
completely delivered from the mother's womb. particular circumstances from which it can
However, if the fetus had an intra-uterine life of less
be inferred.
than seven months, it is not deemed born if it dies
within twenty-four hours after its complete delivery
from the maternal womb.
B. Juridical Persons Article 39, Civil Code. The following circumstances,

among others, modify or limit capacity to act: age,
Juridical Persons (Art 44, Civil Code) insanity, imbecility, the state of being a deaf-mute, 5
1. The State and its Political subdivisions; penalty, prodigality, family relations, alienage,

absence, insolvency and trusteeship. The
2. Other Corporations, Institutions and Entities consequences of these circumstances are governed
for public interest or purpose, created by in this Code, other codes, the Rules of Court, and in
law; special laws.
3. Corporations, Partnerships, and
Associations for private interest or purpose Capacity to act is not limited on account of religious
to which the law grants a juridical belief or political opinion.
personality.
A married woman, twenty-one years of age or over,
Governing Laws (Art 45, Civil Code) is qualified for all acts of civil life, except in cases
specified by law.
Juridical Person Governed by
1. State Constitution (defines its
organization and limits its General Rule: Incapacitated persons are not
rights vis--vis citizens) exempt from certain obligations arising from
2. Political Charter creating them his acts or property relations.
Subdivision ________________
3. Public Charter creating them
Corporation 1. Minority
4. Private Corporation Code, Articles of
Corporation Incorporation and By-Laws RA 6809 (1989): An act lowering the age of
5. Partnerships Stipulations of the parties and majority from twenty-one to eighteen years.
suppletorily by the general
provisions on partnership of
the Civil Code Effects on Contracts
a. they cannot give consent to a contract
Rules [Art 1327 (1), CC]
1. Juridical persons may acquire and b. a contract where one of the parties is a
possess property of all kinds, incur minor is voidable [Art 1390(1),CC]
obligations, and bring civil or criminal c. a contract is unenforceable when both
actions (Art. 46, CC) of the parties are minors (incapable of
2. Upon dissolution of corporations or giving consent) [Art 1403(3), CC]
institutions and other entities for public d. minority cannot be asserted by the
interest, their property and assets shall be other party in an action for annulment
disposed of in pursuance of the law or (Art 1397, CC)
charter creating them. (Art. 47, CC) e. not obliged to make restitution except
insofar as he has been benefited (Art
1399, CC)
f. minor has no right to demand the
II. Capacity to Act and Restrictions thing/price voluntarily returned by him
Thereon (Art 1426, CC)
g. minor has no right to recover
A. Presumption of Capacity voluntarily paid sum or delivered thing, if
consumed in good faith (Art 1427, CC)
Standard Oil Co. v. Arenas, (1911) h. must pay reasonable amount for
Capacity to act is presumed until the contrary is necessaries delivered to him (Art 1489,
proven, and that it be the reason for the specific CC)
act attributed. Proof of restriction: habituality,
presence at the time, no other cause
B. Restrictions Mercado v. Espiritu, (1918)

Article 38, Civil Code. Minority, insanity or Estoppel works against minors who
imbecility, the state of being a deaf-mute, prodigality misrepresent their ages in a contract
and civil interdiction are mere restrictions on and are compelled to comply with its
capacity to act, and do not exempt the incapacitated terms.
person from certain obligations, as when the latter
arise from his acts or from property relations, such
Bambalan v. Maramba, (1928)
as easements.
When a minor made no active read personally by him or communicated

misrepresentation as to his minority and to him by 2 persons (Art 807, CC)
such minority is known to the other c. cannot be a witness to the execution of 6
party, the contract is voidable (Art 1403) a will (Art 820, CC)

as to the minor.
4. Prodigality
Braganza v. Villa Abrille, (1959) Martinez v. Martinez, (1902)
Minors are obliged to make restitution A spendthrift or a prodigal is a person,
insofar as they have been benefited (Art who, by excessive drinking, gambling,
1399) idleness or debauchery of any kind shall
so spend, waste or lessen his estate as
Effects on Marriage to expose himself or his family to want
a. May not yet contract marriage (Art 5, or suffering. The acts of prodigality
FC) must show a morbid state of mind.
b. marriages, where one of the parties is
below 18, even with the consent of Note: It is not the circumstance of
parents/guardians, are VOID (Art 35, prodigality, but the fact of being under
FC) guardianship that restricts capacity to
act.
2. Insanity
5. Civil Interdiction
Insanity includes many forms of mental a. It is an accessory penalty imposed
disease, either inherited or acquired. A upon persons who are sentenced to a
person may not be insane but only mentally principal penalty not lower than
deficient (idiocy, imbecility, feeble- reclusion temporal (article 41, Revised
mindedness). Penal Code).
b. offender is deprived of rights of
Effect on Contracts parental authority, or guardianship, of
a. incapacity to give consent to a marital authority, of the right to manage
contract [Art 1327(2), CC] his property and of the right to dispose
b. contracts entered into during lucid of such (Art 34, RPC)
intervals are valid (Art. 1328, CC) c. for the validity of marriage settlements,
c. restitution of benefits (Art 1399, CC) the participation of the guardian shall
be indispensible (Art 123, CC)
Effect on Crimes
a. General rule: EXEMPTED from criminal 6. Family Relations
liability a. justifying circumstance if acted in
b. Exception: acted during lucid interval defense of person/rights of spouse,
ascendants, descendants,
Effect on Marriage brothers/sisters, and other relatives up
th
a. may be annulled if either party was of to the 4 civil degree [Art 11(2), RPC]
unsound mind unless the such party b. mitigating circumstance if acted in the
after coming to reason, freely cohabited immediate vindication of a grave
with the other [Art 45(2), FC] offense/felony committed against his
b. action for annulment of marriage must spouse, ascendants or relatives of the
be filed by the sane spouse who had no same civil degree [Art 12(5), RPC]
knowledge of the others insanity; or by c. incestuous and void marriages:
any relative/guardian of the insane; or between ascendants and
by the insane spouse during a lucid descendants of any degree;
interval or after regaining sanity [Art between brothers and sisters,
47(2), FC] whether full or half-blood. (Art 37,
FC)
d. donations/grants of gratuitous
3. State of Being Deaf-Mute advantage between spouses during
a. cannot give consent to a contract if the marriage shall be VOID, except
he/she also does not know how to moderate gifts during family occasions
write [Art 1327(2), CC] (Art 87, FC)
b. can make a valid WILL, provided: the
contents of the same have either been
e. descendants cannot be compelled to

testify in a criminal case, against his
parents and grandparents 7
UNLESS: crime was against the

descendant OR by one parent
against the other (Art 215, FC)
f. spouses cannot sell property to each
other, except:
absolute separation is agreed upon
in the marriage settlements
judicial separation of property (Art
1490, CC)
7. Absence
Article 390, Civil Code. After an absence of seven

years, it being unknown whether or not the
absentee still lives, he shall be presumed dead for
all purposes, except for those of succession.
The absentee shall not be presumed dead for the

purpose of opening his succession till after an
absence of ten years. If he disappeared after the
age of seventy-five years, an absence of five years
shall be sufficient in order that his succession may
be opened. (n)
Art. 391, Civil Code. The following shall be

presumed dead for all purposes, including the
division of the estate among the heirs:
1. A person on board a vessel lost during a
sea voyage, or an aeroplane which is
missing, who has not been heard of for
four years since the loss of the vessel or
aeroplane;
2. A person in the armed forces who has
taken part in war, and has been missing
for four years;
3. A person who has been in danger of
death under other circumstances and his
existence has not been known for four
years.
Article 124, FC
a. administration and enjoyment of the
CPG shall belong to both spouses
jointly
b. in case of disagreement, husbands
decision shall prevail, subject to
recourse to the court by the wife for
proper remedy
c. if one spouse is incapacitated/unable
to administer, sole powers of
administration may be assumed by the
other spouse.
d. General Rule: This power does not
include disposition/encumbrance.
Exception: judicial authority or
written consent of other spouse
CIVIL LAW REVIEWER Chapter II. CITIZENSHIP AND DOMICILE
B. Kinds of Domicile
Chapter II. Citizenship and Domicile
(asked in 75, 81, 87, 93, 05 and 08 bar 1. Domicile of Origin 8
exams) Domicile of parents of a person at the
PERSONS AND FAMILY RELATIONS

time he was born.
I. WHO ARE FILIPINO CITIZENS
II. DOMICILE
2. Domicile of Choice
A. REQUISITES OF DOMICILE
B. KINDS OF DOMICILE
Domicile chosen by a person, changing
his domicile of origin.
A 3rd requisite is necessary intention
I. Who are Filipinos not to return to ones domicile as his
permanent place.
1. Those who are citizens of the Philippines at
the time of the adoption of the 1987 3. Domicile by Operation of Law (i.e., Article
Constitution; 69, domicile of minor)
2. Those whose fathers or mothers are Romualdez-Marcos vs. Comelec
citizens of the Philippines; (1995) A married woman does not
3. Those born before January 17, 1973, of lose her domicile to her husband.
Filipino mothers, who elect Philippine
citizenship upon reaching the age of
majority; and
4. Those who are naturalized in accordance
with law. (Art IV, 1, 1987 Philippine
Constitution)
Note: These have superseded the rules on

citizenship enumerated in the Civil Code.
Citizen = owes allegiance to the state and is

entitled to its protection
II. Domicile
For Natural Persons

the place of their habitual residence (Art.
50, CC).
For Natural Persons

the place where their legal representation
is established, or where they exercise their
primary functions, unless there is a law or
other provision that fixes the domicile (Art.
51, CC).
Domicile vs. Residence

While domicile is permanent (there is intent
to remain), residence is temporary and may
be changed anytime (there is no necessary
intent to remain).
________________
A. Requisites of Domicile (Callejo v. Vera)
1. Physical Presence
2. Intent to remain permanently (animus
manendi)
CIVIL LAW REVIEWER Chapter III. MARRIAGE
quasi-delict and is governed by the provisions of this

Chapter III. Marriage Chapter.
9
I. DEFINITION AND NATURE OF MARRIAGE EXPENSES or other incidents that

II. REQUISITES OF MARRIAGE directly arose from the contract to marry
A. ESSENTIAL REQUISITES can be claimed IF the breach of promise
B. FORMAL REQUISITES was done in a manner considered as
III. MARRIAGES SOLEMNIZED ABROAD
IV. PRESUMPTION OF MARRIAGE
contrary to morals, good customs or
public policy (cost of wedding
preparations). (Wassmer v Velez)
I. Definition and Nature of Marriage LOST WAGES arising from voluntary
(asked in 91, 92 and 99 bar exams) dismissal in anticipation of marriage can
be sued for. (Tanjanco v CA)
Definition of Marriage (Art 1 FC) EXPENSES made for the renovation of
an anticipated conjugal home can be
What SPECIAL CONTRACT of permanent sued for. (Piccininni v. Hajus-US
union Jurisprudence)
Who Between a MAN and a WOMAN
How Entered into in accordance with LAW
Purpose Establishment of CONJUGAL and
FAMILY life II. Requisites of Marriage
Significance FOUNDATION of the family and an (asked in 76, 82, 89, 90, 99, 02, 04, 07,
INVIOLABLE SOCIAL INSTITUTION and 09 bar exams)
whose nature, consequences and
incidents are governed by law and not A. Essential Requisites of Marriage
subject to stipulations EXCEPT that
marriage settlements may fix the
property relations during the marriage Essential Requisites [LC]
within the limits provided by this code. 1. Legal Capacity of the contracting parties,
who must be a male and a female
Breach of Promise to Marry 2. Consent (of the parties) freely given in the
(asked in 09 bar exam) presence of a solemnizing officer. (Art. 2
1. As a general rule breach of promise to FC)
marry is not an actionable wrong
(Tanjanco v CA, Wassmer v Velez) and Legal Capacity
cannot give rise to liability for damages Male or female>=18, not under any
in line with the principle of freedom of impediments mentioned in Art 37
consent in marriage (Art 2(2) Family (incestuous marriage) & Art 38 (marriage
Code). (Reyes) against public policy), may contract
2. However damages may be claimed based marriage. (Art 5)
on the principles laid down in Art 19-21 &
2176 of the CC Must be Male and Female
1. Jones v Hallahan, (1973): Application for
Art. 19, Civil Code. Every person must, in the marriage license was denied since marriage
exercise of his rights and in the performance of his is defined by law as a contract entered into
duties, act with justice, give everyone his due, and between a man and a woman.
observe honesty and good faith. 2. Silverio v Republic, (2007): Changing of
gender in ones birth certificate was denied;
Art. 20, Civil Code. Every person who, contrary to otherwise, it would result in confusion and
law, wilfully or negligently causes damage to another would allow marriage between persons of
shall indemnify the latter for the same.
the same sex which is in defiance of the law,
Art. 21, Civil Code. Any person who wilfully causes as marriage is a union between a man and a
loss or injury to another in a manner that is contrary to woman.
morals, good customs or public policy shall
compensate the latter for the damage. Note: The best source for citing the requirement
(of male/female) is still statutory, as provided
Art. 2176, Civil Code. Whoever by act or omission explicitly in the Family Code.
causes damage to another, there being fault or
negligence, is obliged to pay for the damage done. Consent Freely Given
Such fault or negligence, if there is no pre-existing
People v Santiago, (51 Phil 68): A marriage
contractual relation between the parties, is called a
entered into by a person whose real intent is
to avoid prosecution for rape is void for total d. A Military commander of a unit may
lack of consent. The accused did not intend solemnize marriages in articulo mortis
to be married. He merely used such between persons within the zone of 10
marriage to escape criminal liability. military operation. (Art 7,32 FC)

e. Consul-general, consul or vice-consul
Absence and Defect of Essential may solemnize marriages between
Requisites Filipino citizens abroad. (Art 7,10 FC)
f. Municipal and City Mayors (LGC sec
Absence Defect 444 and 455)
Effect VOID VOIDABLE 2. Marriage is void when solemnized by any
Illustration - marriage - consent of person not legally authorized to perform
entered into by either party marriages unless either or both parties
a person <18 was obtained believed in good faith that the solemnizing
(Art 35 (1)) through fraud,
officer had legal authority to do so. (Art 35
force,
- marriage intimidation or (2))
entered into by undue 3. Absence & Irregularity of Authority of a
persons of the influence solemnizing officer
same sex (Art 45 (3)
(Jones v (4)FC) Absence Irregularity
Hallahan)
Effect VOID No effect on
validity but party
- marriage
responsible will
contracted
be liable.
through mistake
Illustration - Marriage is - lack of valid
of one
void when notification of
contracting
solemnized by a both parties
party as to the
priest not duly desiring a
identity of the
authorized by his ceremony in a
other
Church to remote place
(Art 35 (5))
solemnize was held to be
marriage. only a mere
B. Formal Requisites of Marriage (Art 7 FC) IRREGULARITY
(Navarro vs.
Formal Requisites [AVC] Domagtoy 1996)
1. Authority of Solemnizing Officer
2. A Valid marriage License Marriage License
3. Marriage Ceremony (Art 4 FC) 1. Marriages Exempt from marriage license
requirement (AREC)
Authority of Solemnizing Officer a. Marriage in Articulo mortis (Art. 27, FC)
1. Who may solemnize marriage: (JC- b. Marriage in Remote and inaccessible
SPAMM) places (Art. 28, FC)
a. Incumbent member of the Judiciary c. Marriages by Muslims and Ethnic
within his jurisdiction. (Art 7 FC) cultural minorities provided they are
b. Priest, Rabbi, Imam or Minister of any solemnized in accordance with their
Church or Religious Sect. Must be: customs, rites or practices. (Art. 33, FC)
Duly authorized by his church or d. Marriage by parties who have Cohabited
religious sect for at least 5 years without any legal
Registered with the civil registrar impediment. (Art. 34, FC, Ninal v
general Badayog (2000))
Acting within the limits of the written
authority granted to him by his 2. Absence & Irregularity of Marriage License
church or religious sect.
At least one of the contracting Absence Irregularity
parties belongs to the solemnizing Effect VOID No effect on
officers church or religious sect. (Art validity but party
responsible will be
7 FC)
liable.
c. Ship Captain or Airplane Chief may Illustration - Issuance - mere
solemnize a marriage in articulo mortis of the Civil IRREGULARITIES
between passengers or crew members Registrar of a in the marriage
(Art 7,31 FC) CERTIFICATE license, such as a
Absence Irregularity a. Appearance of contracting parties

DUE SEARCH typographical personally before the solemnizing officer
AND error, do not affect (Art 3 FC) 11
INABILITY TO the validity of a b. Personal declaration that they take each

FIND the marriage. other as husband and wife. (Art 3 FC)
application of a (Alcantara v
marriage Alcantara)
c. Presence of at least two witnesses of
license means legal age. (Art 3 FC)
its absence, d. The declaration shall be contained in the
thus rendering Marriage certificate. (Art 6 FC)
the e. Marriage certificate shall be Signed by
marriage the contracting parties and their
VOID. witnesses and attested by the
(Republic v solemnizing officer. (Art. 6, FC)
CA)
- Before a
Note: In a marriage in articulo mortis, when
marriage can one or both parties are unable to sign
be solemnized, the marriage certificate, it shall be
a valid sufficient for one of the witnesses to
marriage write the name of said party, which shall
license MUST be attested by the solemnizing officer.
FIRST (Art 6, par. 2)
BE
PRESENTED, 3. Places where marriage SHALL be
otherwise the
marriage is
solemnized: (CCO)
VOID. (Moreno a. Chambers of Judge or an open court
v Bernabe) b. Church, Chapel or Temple
c. Office of the consul general, consul or
3. Things to do at the local civil registrar: vice consul (Art. 8, FC)
a. File an application of marriage license at Exception:
the proper local civil registrar. (Art. 11, a. Marriages in articulo mortis
FC) b. Marriages in remote places
b. Present birth or baptismal certificate. c. Written request from both parties.
(Art. 12, FC)
c. If aged 18-21 years, present parental
consent. (Art. 14, FC) III. Marriages Solemnized Abroad
d. If aged 21-25, present parental advice.
(Art. 15, FC) General Rule
e. If aged 18-25, present certificate of Marriages solemnized abroad in accordance
marriage counseling from your priest. with the laws in force in that country shall be
(PD 965) valid in the Philippines. (Art 26 FC)
f. Pay the required fees. (Art 19, FC)
g. If foreigner, present certificate of legal Exceptions
capacity issued by diplomat or consular 1. Marriage between persons below 18 years
officials. (Art. 21, FC) old Art. 35(1)
2. Bigamous or polygamous marriage Art.
Marriage Ceremony 35(4)
1. No prescribed form or religious rite for the 3. Mistake in identity Art. 35 (5)
solemnization of marriage is required. (Art. 4. Marriages void under Article 53 Art. 35 (6)
6, FC 5. Psychological incapacity Art. 36
The couple's written agreement where 6. Incestuous marriages Art. 37
they declare themselves as husband 7. Marriage void for reasons of public policy
and wife, signed by them before a judge Art. 38
and two capable witnesses, even though
it was independently made by them, still
counts as a valid ceremony. (Martinez v
Tan, 12 Phil 731)
IV. Presumption of Marriage
2. Minimum requirements prescribed by law: 1. Presumption in favor of a valid marriage (

(AP-PMS) Art 220 CC)
2. The presumption that a man and a woman

deporting themselves as husband and wife
have entered into a lawful contract of 12
marriage is satisfactory if uncontradicted.

(Sec. 3 (aa), Rule 131, ROC)
3. In marriages of exceptional character, the
existence of the marriage is presumed, even
in the TOTAL ABSENCE of a marriage
license. (Vda. De Jacob v CA, 1999)
4. if a marriage certificate is missing, and all
means HAVE NOT YET BEEN
EXHAUSTED to find it, then the marriage is
presumed to exist (Sevilla v Cardenas,
2006)
5. Absence of a marriage certificate is not
proof of absence of marriage. To prove the
fact of marriage, the following would
constitute competent evidence: (1) the
testimony of witnesses to matrimony; (2) the
couples public cohabitation; and (3) birth
and baptismal certificates of children born
during the union. (Trinidad v CA, 1998)
CIVIL LAW REVIEWER Chapter IV. VOID MARRIAGES
clinically identified, (b) alleged in the

Chapter IV. Void Marriages complaint, (c) sufficiently proven by
the experts, (d) clearly explained in 13
I. GROUNDS the decision.

II. PERIOD TO FILE ACTION OR RAISE
DEFENSE
Note: The new Supreme Court Rule on
III. EFFECTS OF NULLITY
Declaration of absolute nullity of Void
Marriages and annulment of Voidable
I. Grounds Marriages (A.M. No. 02-11-10-SC,
effective March 15, 2003 and Barcelona
Art. 4(1): The absence of any essential or vs. CA (2003) provide that expert
formal requisites shall render the marriage void opinion is not a condition sine qua non
ab initio, except as stated in Article 35 (a). for proof of psychological incapacity.
The root cause may be proven by the
VOID AB INITIO MARRIAGES: totality of evidence in actual trial.
c. The incapacity must be proven to be

A. Article 35 (Void from the Beginning) existing at the time of the
1. Contracted by any party below eighteen celebration of the marriage.
years of age even with the consent of d. Such incapacity must also be shown to
parents or guardians be medically or clinically permanent
2. Solemnized by any person not legally or incurable.
authorized to perform marriages unless e. Such illness must be grave enough to
such marriages were contracted with either bring about the disability of the party to
or both parties believing in good faith that assume the essential obligations of
the solemnizing officer had the legal marriage.
authority to do so. f. The essential marital obligations must
Note: Ones belief in good faith that the be those embraced by Articles 68 up to
solemnizing officer has the required 71 of the Family Code as regards the
authority is a mistake of fact, and not of law. husband and wife as well as Articles
3. Solemnized without license, except in 220, 221, and 225 of the same Code in
marriages under exceptional circumstances regard to parents and their children.
4. Bigamous or polygamous marriages not g. Interpretations given by the National
falling under Article 41 (Art. 41: subsequent Appellate Matrimonial Tribunal of the
marriage by present spouse who obtained a Catholic Church in the Philippines,
declaration of presumptive death for absent while not controlling or decisive, should
spouse prior to the subsequent marriage) be given great respect by our courts.
5. There is a mistake as to the identity of the h. The trial court must order the
other contracting party prosecuting attorney or fiscal and the
6. Subsequent marriages that are void Solicitor General to appear as
under Article 53 (Art 53: a subsequent counsel for the state. No decision shall
marriage is null and void if prior to its be handed down unless the Solicitor
celebration, it has not recorded in the civil General issues a certification.
registry and registries of property the items Note: The new Supreme Court Rule on
in Art. 52) Declaration of absolute nullity of Void
Marriages and annulment of Voidable
Marriages (A.M. No. 02-11-10-SC, effective
B. Article 36 (Psychological Incapacity) March 15, 2003 provide that the appearance
Contracted by any party who, at the time of of the prosecuting attorney or fiscal and the
the celebration, was psychologically Solicitor-General is no longer mandatory.
incapacitated to comply with the essential
marital obligations of marriage, even if such Santos v. Bedia-Santos, (1995):
incapacity becomes manifest only after its Laid down 3 characteristics for determining
solemnization psychological incapacity: gravity,
Republic v. Molina, (1997) antecedent, and incurability.
a. The burden of proof to show the nullity Tsoi v. CA, (1997)
of the marriage belongs to the plaintiff. Refusal of husband to have sex was
b. The root cause of the psychological interpreted to be PI. A man who can but
incapacity must be: (a) medically or wont is PI
Marcos vs. Marcos (2000) E. Article 41 (Bigamous Marriages,

Psychological incapacity maybe established Absentee Spouse and Presumptive
by the totality of the evidence presented. Death) 14
Personal medical examination could be

dispensed with. General Rule
Republic vs. San Jose (2007) Marriage contracted by any person during
There is no requirement that the respondent the subsistence of a previous marriage is
be medically examined first. void.
Antonio v. Reyes, (2006):
pathological liar, Molina guidelines met. Exceptions: The following subsequent marriage
of the present spouse is valid:
1. Subsequent marriage due to ordinary
C. Article 37 (Incestuous) absence where:
1. Between ascendants and descendants of a. the prior spouse had been absent for 4
consecutive years;
any degree, legitimate or illegitimate
2. Between brothers and sisters, whether of b. the spouse present had a well-founded
the full or half blood, legitimate or illegitimate belief that absent spouse is dead; and
c. judicial declaration of presumptive
death was secured (no prejudice to the
D. Article 38 (Against Public Policy) effect of the reappearance of the absent
spouse).
1. Between collateral blood relatives,
2. Subsequent marriage due to extraordinary
legitimate or illegitimate, up to the fourth civil
absence where:
degree.
a. the prior spouse had been missing for 2
2. Between step-parents and step-children.
consecutive years;
Note: Stepbrothers and stepsisters can
b. there is danger of death attendant to
marry because marriages between them are
the disappearance;
not among those enumerated in article 38.
c. the spouse present had a well-founded
3. Between parents-in-law and children-in-
belief that the missing person is dead;
law.
and
4. Between adopting parent and adopted
d. judicial declaration of presumptive
child.
death was secured (no prejudice to the
5. Between the surviving spouse of the
effect of the reappearance of the absent
adopting parent and the adopted child.
spouse).
6. Between the surviving spouse of the
adopted child and the adopter.
Note:
7. Between an adopted child and a
Institution of a summary proceeding is not
legitimate child of the adopter.
sufficient. There must also be a summary
8. Between adopted children of the same
judgment. (BALANE)
adopter.
Only the deserted spouse can file or institute
9. Between parties where one, with the
an action a summary proceeding for the
intention to marry the other, killed that
declaration of presumptive death of the
other person's spouse, or his or her own
absentee (Bienvenido case)
spouse.
There must have been diligent efforts on the
part of the deserted spouse to locate the
Relationships outside of Art. 37 and 38 which
absent spouse. These diligent efforts
are not impediments to marriage: brother-in-law
correspond to the requirement of the law for
with sister-in-law, stepbrother with stepsister,
a well-founded belief.
guardian with ward, adopted with illegitimate
child of the adopter, adopted son of the husband
Exception to the exception
with adopted daughter of the wife, parties who
When both parties to the subsequent acted in
have been convicted of adultery.
bad faith (Art. 44)
Connected Provisions
Art. 390, Civil Code. 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.
The absentee shall not be presumed dead for the
purpose of opening his succession till after an Terre v. Terre, (1998)

absence of 10 years. If he disappeared after the age A lawyer was disbarred for grossly immoral
of 75 years, an absence of 5 years shall be sufficient conduct by convincing the other party that a 15
in order that his succession may be opened. judicial declaration of nullity was not

required and subsequently contracting
Art. 391, Civil Code. The following shall be presumed
dead for all purposes, including the division of the another marriage while his first marriage
estate among the heirs: (SAAD) was subsisting.
1. A person on board a vessel lost during a sea
voyage, or an aeroplane which is missing, who Atienza v. Brillantes, (243 SCRA 32)
has not been heard of for four years since the A judges first marriage contracted in 1965
loss of the vessel or aeroplane; was void for not having a marriage license,
2. A person in the armed forces who has taken part but the requirement for a judicial declaration
in war, and has been missing for four years; of nullity in Art. 40 applies for his
3. A person who has been in danger of death
subsequent marriage contracted in 1991.
under other circumstances and his existence has
not been known for four years.
Apiag v. Cantero, (1997)
Note: Where both marriages were contracted prior
Although seven years is required for the to the effectivity of the FC, the requirement
presumption of death of an absentee in the of Art. 40 does not apply to the second
Civil Code, Art. 41 of the Family Code marriage where a right is already vested and
makes an exception for the purpose of which the FC cannot have retroactive effect.
remarriage by limiting such requirement to
four years. Judicial declaration of nullity of a marriage is
Art. 41 also limits the required four years in now an absolute requirement:
Art. 391 for absence under exceptional a. For the validity of any subsequent
circumstances to only two years. marriage
b. For the subsequent marriage not to be
considered as bigamous
F. Article 44 (Present spouse who
contracts marriage in bad faith) Domingo v. CA, (1993)
The judicial declaration of nullity can be
Both spouses of a subsequent marriage
invoked for purposes other than remarriage.
acted in bad faith in case where a previous
Article 40 was interpreted as being a
spouse was an absentee
requirement for purposes of remarriage but
not limited for that purpose. Separation of
G. Article 53 (Non-Recording) property is also a valid purpose for filing for
a judicial declaration of nullity.
Subsequent marriage of spouses where the
requirements of recording under Art. 52 for Borja-Manzano v. Sanchez, (2001)
void marriages shall not have been complied Legal separation does not severe marital
with bonds. Cohabitation under Art. 34 merely
exempts the spouses from obtaining a
H. Article 40 (Judicial Declaration of marriage license, and is not met when there
Nullity) exists legal impediment to marry during the
period of cohabitation.
Art. 40, Civil Code. 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. II. Period to File Action or Raise
Defense
Under the Civil Code (superseded by the Family
Code), there was no need for a judicial Art. 39. The action or defense for the declaration
declaration of nullity of a previous marriage for a of absolute nullity of a marriage shall not
subsequent marriage to be valid (People v. prescribe. (as amended by R.A. 8533)
Mendoza). However, Article 40 of the FC now
requires a final judgment to declare a The phrase "However, in case of marriage
previous marriage void for a subsequent celebrated before the effectivity of this Code
marriage to be valid. (Terre v. Terre, Atienza v. and falling under Article 36, such action or
Brillantes) defense shall prescribe in ten years after
this Code shall taken effect" has been Effects of Other Void Marriages
deleted by Republic Act No. 8533 [Approved 1. The effects provided for by paragraphs (2),
February 23, 1998]). (3), (4) and (5) of Article 43 and by Article 16
It must be noted that under the new 44 shall also apply in the proper cases to

Supreme Court Rule on Declaration of marriages which are declared ab initio or
Absolute Nullity of Void Marriages and annulled by final judgment under Articles 40
Annulment of Voidable Marriages (A.M. No. and 45 [Art. 50(1)]
02-11-10-SC, effective March 15, 2003, 2. Final judgment in such cases shall provide
nullity of the marriage can still be collaterally for the liquidation, partition, and
attacked. distribution of the:
As to the parties allowed to file the action a. properties of the spouses
Enrico v. Heirs of Sps. Medinaceli (2007): b. custody and support of the common
Only an aggrieved or injured spouse may file children
a petition for annulment of voidable c. delivery of their presumptive legitimes
marriages or declaration of absolute nullity unless such matters had been
of void marriages. Such petition cannot be adjudicated in previous judicial
filed by compulsory or intestate heirs of the proceedings [Art. 50(2)]
spouses or by the State. The Committee is all creditors (of the spouses/property
of the belief that they do not have a legal regime) shall be notified of the
right to file the petition. Compulsory or proceedings for liquidation [Art. 50(2 and
intestate heirs have only inchoate rights 3)]
prior to the death of their predecessor, and,
hence, can only question the validity of the 3. In the partition, the conjugal dwelling and
marriage of the spouses upon the death of a lot shall be adjudicated to the spouse with
spouse in a proceeding for the settlement of whom majority of the common children
the estate of the deceased spouse filed in remain (Art. 102 and 129) [Art. 50(4)]
the regular courts. (also reiterated in Carlos 4. Presumptive legitimes, computed as of the
vs. Sandoval, 2008) date of the final judgment, shall be
delivered in cash, property or sound
securities
III. Effects of Nullity a. unless the parties, by mutual agreement
judicially approved, had already
provided for such [Art. 51(1)]
Effects of Termination of Bigamous Marriage
b. the children/guardian/trustee may ask
(Art. 43 and 44)
for the enforcement of the judgment [Art.
1. Children conceived prior to its termination
51(2)]
considered legitimate
c. the delivery of the presumptive legitimes
2. Property Regime dissolved and liquidated
shall not prejudice the ultimate
(party in bad faith shall forfeit his/her share
successional rights, but the value of the
in favor of the common children or if there
properties already received shall be
are none, children of the guilty spouse by a
considered as advances on their
previous marriage, and in case there are
legitime [Art. 51(3)]
none, to the innocent spouse)
5. Either of the former spouses may marry
3. Donation propter nuptias remains valid,
again AFTER compliance with the
(but if the donee contracted marriage in bad
requirements of Article 52, otherwise, the
faith, donations will be revoked)
subsequent marriage is void (Art. 53)
4. Insurance benefits innocent spouse may
revoke designation of guilty party as
Requirement (Art. 52) recording in the
beneficiary, even if such designation is
appropriate civil registry AND registries
stipulated as irrevocable
of property:
5. Succession Rights Party in bad faith
a. judgment of annulment/absolute nullity
disqualified to inherit from innocent spouse,
of marriage
whether testate or intestate
b. partition and distribution of the
6. Donations - If both parties of subsequent
properties of the spouses
marriage acted in bad faith, any donations
c. delivery of the childrens presumptive
and testamentary dispositions made by one
legitimes
party to the other by reason of marriage will
otherwise, these shall not affect third
be revoked (Art. 44)
persons
6. Generally, children born or conceived within

void marriages are illegitimate.
Exception: 17
children conceived or born before

the judgment under Article 36 has
become final and executory
children conceived or born of
subsequent marriages under Article
53
Nial v. Badayog, (2000)
Children of first marriage assailed the
validity of the second marriage
contracted by their father without a
marriage license and after the latters
death.
Void marriages can be attacked

collaterally and do not prescribe
De Castro v. Assidao-de Castro, (2008)

Validity of marriage was attacked
collaterally in an action for support for
determining legitimacy of the child.
CIVIL LAW REVIEWER Chapter V. VOIDABLE MARRIAGES
consummating the marriage

Chapter V. Voidable Marriages (impotence; this is different from
sterility). 18
(asked in 75, 76, 78, 83, 86, 90, 91, 93, 94,

95, 96, 97, 02, 03, 04, 07, and 09 bar S 6. Either party has a serious and
exams) incurable sexually-transmissible
disease, even if not concealed.*
I. GROUNDS FOR ANNULMENT
A. EXPLANATION TOLENTINO
B. WHO MAY FILE, PRESCRIPTION,
Action to Annul: action in rem, concerns status
RATIFICATION
C. MARRIAGES NOT SUBJECT TO
of parties; res is relation bet parties or marriage
RATIFICATION tie; jurisdiction depends on nationality or
II. WHEN ONE SPOUSE IS ABSENT domicile not the place of celebration
A. REQUIREMENTS FOR SUBSEQUENT
MARRIAGE TO BE VALID WHEN PRIOR
SPOUSE IS ABSENT A. Grounds for Annulment explained:
B. EFFECT OF REAPPEARANCE OF 1. Lack of parental consent
ABSENT SPOUSE
a. 18<=x<21 w/o parental consent
III. EFFECTS OF PENDING ACTION/DECREE
IV. VOIDABLE VS. VOID
b. Ratified upon free cohabitation upon
V. VOIDABLE VS. LEGAL SEPARATION reaching 21.
VI. JURISDICTION c. TOLENTINO: parents whose consents
were wanting may ratify before 21; this
right can be waived; however, the Code
I. Grounds for Annulment (Art. 45, FC)
Commission believes that no such
ratification can be made by the parent.
Marriage may be annulled on the ff grounds 2. Insanity
existing at time of marriage: P I F F I S a. mental incapacity or insanity is a vice of
consent; insanity (1) of varying degrees,
P 1. One of the parties is 18 or above but (2) curable being an illness, capable of
below 21, and there is no parental ratification or convalidation, (3) has lucid
consent. intervals, (4) ground only for annulment
in many countries
I 2. Either party was of unsound mind b. can be ratified by cohabitation after
(insanity). insane is cured
c. mere mental weakness is not a ground
F 3. The consent of either party was for annulment, but if found grave enough
obtained through fraud (different from may amount to psychological incapacity.
mistake in identity): d. intoxication, somnambulism where one
a. through non-disclosure of a had no mental capacity to give consent
previous conviction of a crime is equivalent to insanity
involving moral turpitude; e. must EXIST AT THE TIME of the
b. through concealment by the wife celebration of the marriage.
of the fact at the time of the f. law presumes SANITY, burden of proof
marriage that she was pregnant on party alleging insanity
by another man; 3. Fraud
c. through concealment of a a. only those enumerated in Art. 46 FC
sexually-transmitted disease, non-disclosure of previous
regardless of its nature, existing CONVICTION by final judgment of a
at the time of marriage; crime involving MORAL
d. through concealment of drug TURPITUDE
addiction, habitual alcoholism or concealment by wife at the time of
homosexuality/lesbianism. marriage, that she was pregnant by
(Art.46, FC) another man
concealment of STD regardless of
F 4. The consent of either party was nature existing at time of marriage
obtained through force, intimidation, concealment of drug addiction,
or undue influence. habitual alcoholism, homosexuality,
lesbianism existing at time of
I 5. Either party is physically incapable of marriage
b. No other misrepresentation or deceit of mere looking, whether or not she was

CHARACTER, HEALTH, RANK, pregnant at the time of the marriage.
FORTUNE OR CHASTITY shall 19
constitute FRAUD Almelor v. RTC, (2008)

c. TOLENTINO: fraud must relate to fact It is the concealment of homosexuality,
material to the marital relation; and not homosexuality per se, that
PRINCIPLE OF ENUMERATION; no vitiates the consent of the innocent
other cases of fraud can be ground for party. Such concealment presupposes
annulment; INCLUSIO UNIUS EST bad faith and intent to defraud the other
EXCLUSIO ALTERIUS party in giving consent to the marriage.
d. Conviction of Crime: requisites are
moral turpitude Corpuz v. Ochoterena, (2004)
conviction In a legal separation or annulment case,
e. Concealment of Pregnancy the prosecuting attorney must first rule
fraud against very essence of out collusion as a condition sine qua non
marriage; importance of procreation for further proceedings. A certification
of children; an assault to the by the prosecutor that he was present
integrity of the union by introducing during the hearing and even cross-
ALIEN BLOOD examined the plaintiff does not suffice to
If husband knew of pregnancy, the comply with the mandatory requirement.
marriage cannot be annulled on the
ground of concealment. Three (3) STD: Art. 45 vs. Art. 46
months after the celebration of the
marriage, a baby was born. Art. 45 STD Art. 46 STD
Annulment was refused because of Ground for annulment The STD is a type of fraud
advanced stage of pregnancy, which is a ground for
which must be patent to the annulment
husband (Buccat v Mangonon) Does not have to be Must be concealed
concealed
If there was coitus before marriage
Must be serious and Need not be serious nor
& wife was pregnant at time of incurable incurable
marriage although he may not be The STD itself is the It is the concealment that
the father, marriage cannot be ground for annulment gives rise to the annulment
annulled because man knows wife
is unchaste. Principle: one cannot Effect of Cure to Fraud in Art. 46:
go to court with unclean hands. Recovery or rehabilitation from STD,
Prof. Balane: An isolated case and drug addiction, and habitual alcoholism
is not doctrinal. will NOT BAR ACTION for annulment;
f. Marriage cannot be annulled on ground defect: not the disease, but the FRAUD
that wife concealed the fact that she had which VITIATED CONSENT
been lewd & corrupt and had illegitimate
child (Shrady v Logan) 4. Force, intimidation, undue influence
g. Maybe ratified upon cohabitation after a. FORCE must be one as to prevent party
knowledge of fraud from acting as a free agent; will
destroyed by fear/compulsion
Buccat v Buccat, 72 Phil. 19 b. INTIMIDATION must be one as to
Wife gave birth 3 months after marriage compel the party by reasonable/well-
celebration. Husband filed for grounded fear/evil imminent upon
annulment. Ground: concealment of person/properties
non-virginity. Court held that it was c. DEGREE OF INTIMIDATION: age, sex,
unbelievable that wife could have condition of person borne in mind
concealed 6 months of pregnancy. d. A threat to enforce claim thru competent
authority, lawful or not, does not vitiate
Aquino v Delizo, 109 Phil. 21 consent
The Supreme Court granted annulment e. VIOLENCE or INTIMIDATION annul
because the wife concealed the fact that obligation even if by third person (Art.
she was 4 months pregnant during the 1336, CC)
time of the marriage. It argued that since f. UNDUE INFLUENCE when improper
Delizo was naturally plump, Aquino advantage of his power over the will of
could hardly be expected to know, by
another, depriving freedom of choice. impotency, she is presumed potent; to

(Art. 1337, CC) order her to undergo physical exam
EXAMPLE: confidentiality, family does not infringe constitutional rights 20
relations, suffering from mental against self-incriminating (Jimenez v

weakness, in financial distress Canizares)
g. Threat to FILE A CASE OF immorality m. Villanueva vs. CA (2006): Absence of
on bar candidate where he does not cohabitation is not a ground for
marry a girl who he has impregnated annulment.
does not vitiate consent (Ruiz v Atienza) n. NOTE: if wife continues to refuse to
h. Threat or intimidation as no to act as undergo physical exam, she can be held
FREE AGENT; threatened of armed for CONTEMPT & ordered to be
demonstrations by brother is confined in jail until she does so
ANNULLABLE (Tiongco v Matig-a) o. RELATIVE IMPOTENCY: may now be
i. Man rapes a girl, marries her & has no invoked because there are cases where
intention to live with the girl; marriage is one is impotent with respect to his
annullable (People v Santiago) spouse but not with other men or
j. Committee added undue influence, women.
maybe compelled to enter out of p. EXAMPLE: penile erection to other
REVERENTIAL FEAR e.g., fear of women possible; unusually large penis
causing distress to parents, can fit with abnormally large vagina
grandparents, etc
6. Sexually-transmissible disease serious and
5. Impotency incurable
a. should exist at the time of celebration a. should exist at the time of the marriage
marriage b. should be found serious
b. should continue to the time of trying c. should appear to be incurable
annulment case d. Should be unknown to other party
c. should appear incurable e. reason: danger to the health of spouse
d. should be unknown to the other party & offspring/s
e. physical condition: sexual intercourse f. same as incurable impotency
with a person of the opposite sex is g. Ratification or Convalidation of Voidable
impossible, not mere sterility Marriages: by cohabitation or
f. only potent spouse can file action prescription cannot be ratified or
(principle: one cannot come to court with convalidated:
unclean hands) prior subsisting marriage; would
g. must exist at time of marriage, must be result in anomalous relationship
continuous, must be incurable; thus if vitiated by impotency remains as
removable by operation, NOT long as afflicted
ANNULLABLE (Sarao v Guevarra, CA, vitiated by affliction of STD remains
40 O.G. 155 Supp. 263) as long as afflicted
h. both spouses impotent, marriage cannot Affliction of STD is unknown to the
be annulled because neither spouse is other spouse (BALANE)
aggrieved The other spouse must also be free
i. impotency due to old age, marriage from a similar STD. (BALANE)
cannot be annulled h. 2 & 3 prescribe w/in 5 yrs by Art. 47(5)
j. POTENCY PRESUMED; party who
alleges impotency has burden of proof
(Jimenez v Canizares)
k. Although potency is presumed, there is
a doctrine in England called TRIENNIAL
COHABITATION that if wife remains
virgin after 3 yrs, husband presumed
impotent & has burden to prove
otherwise (Tompkins v Tompkins)
l. REFUSAL of wife to be examined DOES
NOT PRESUME impotency because
Filipino women are inherently shy &
bashful; TC must order physical
examination because w/o proof of
B. Who may File, Prescription, Ratification

Ground Who can file Prescription Ratification 21
(Art. 45) (Art. 47) (Art. 47) (Art. 45)

Lack of parental consent 1. Underage party 1. 5 years after Free cohabitation after
attaining 21. attaining age of 21.
2. Parent or guardian 2. Before child reaches
21.
Insanity 1. Sane spouse with 1. Any time before the Free cohabitation of
no knowledge of the death of either party insane party after
others insanity insane party comes to
2. Legal guardian of reason
insane party
3. Insane party 2. During lucid interval
or after regaining
sanity, and before
death
Fraud Injured party Five years after Free cohabitation after
(defrauded party) discovery of fraud having full knowledge
of fraud
Force, intimidation, undue Injured party Five years after Free cohabitation after
influence disappearance of force the force has ceased
or intimidation or disappeared
Impotence Healthy party Five years after Deemed ratified when
marriage action prescribes
STD Healthy party Five years after Deemed ratified when
marriage action prescribes
C. Marriages Not Subject to B. Effect of Reappearance of Absent

Ratification/Convalidation Spouse:
1. One spouse is incurably impotent (Art. 47 General Rule
prescription: 5 years) The subsequent marriage remains valid.
2. One spouse has an incurable STD (Art. 47 Exception
prescription: 5 years) It is automatically terminated by the
3. Sane spouse marries an insane spouse w/o recording of the affidavit of reappearance of
knowledge of insanity the absent spouse.
4. Prior subsisting marriage Exception to the Exception
If there is a judgment annulling the previous
marriage or declaring it void ab initio. (Art.
II. Marriage When One Spouse Absent 42, FC)
TOLENTINO
A. Requirements for Subsequent Marriage Status of Subsequent Marriage: generally
to be Valid When Prior Spouse is considered bigamous & void EXCEPT par. 2 of
Absent (Art. 41, FC): this article; good faith w/o falling under par. 2 will
render marriage VOID
1. The prior spouse had been absent for 4
consecutive years, or 2 years in cases When Voidable: must act in GOOD FAITH and
under Art. 391 CC. 1. absent spouse not heard from 7 consecutive
2. The spouse present has a well-founded yrs
belief that the absent spouse was already 2. although absent for less than 7 yrs,
dead. generally considered dead
3. The spouse present must institute a 3. presumed to be dead after 4 yrs when
summary proceeding for the declaration occurrence of death in A391
of presumptive death of the absentee,
without prejudice to the effect of Judicial Declaration Unnecessary: purpose of
reappearance of the absent spouse. validity of marriage, missing spouse need not be
__________ judicially declared an absentee, enough required
period elapsed from time the absentee was last expeditions, landslides, volcanic
heard not from judicial declaration. After 7 eruptions)
years, presumptive death arises w/o need for 22
3. 2-year period counted from event of death
judicial declaration presumed

4. Republic v. Bermudez-Lorino, (2005)
Prior Voidable Marriage: UNLESS final The RTC rendered a decision declaring the
judgment or dissolved by death, subsequent presumptive death of respondents absent
marriage NULL & VOID spouse based on Art. 41, FC. The Republic
appealed the decision to the CA. Applying
Status of Subs Marriage: during subsisting Art. 247 FC, the SC ruled that the CA did not
marriage, remarriage is BIGAMOUS & VOID. have jurisdiction over the appeal because
EXCEPT: summary proceedings are immediately final
1. absentee four years or for two under special and executory, and therefore unappealable.
circumstances
2. absence gives rise to presumption of death Difference between Absence in the Civil
w/c is required to be declared in SUMMARY Code and Family Code
PROCEEDING to enable to remarry
Period of Absence: Family Code Civil Code

1. GENERALLY, under CC, 7 years required As to 4 years under Absent for at least 7
for declaration of presumptive death For period normal years; 4 years
REMARRIAGE, reduced to 4 years by FC circumstances; 2 under special
2. EXCEPT in cases, CC 4 years & FC 2 years years under special circumstances
IF circumstances
a. ON BOARD VESSEL lost at sea
voyage, airplane As to In order to remarry, Declaration of
b. ARMED FORCES in war remarriage summary presumptive death
proceeding is is not necessary
c. DANGER OF DEATH under other necessary
circumstances, existence not known
As to who Can be instituted by The spouses
Good Faith: PERIOD of absence for can the present spouse, themselves
PRESUMPTIVE DEATH is MANDATORY thus institute any interested
cannot be shortened by good faith and if be the action party, and the
done so will be VOID subsequent spouse
As to Subsequent Upon
Burden of Proof: two successive marriages, effect on marriage is reappearance,
nd
presumption on validity of 2 marriage and subsequen automatically judicial proceeding
ND
burden on party ATTACKING VALIDITY OF 2 t marriage terminated by the is necessary to
MARR. PRESUMPTION in favor of recording of an declare marriage
INNOCENCE prevails over PRESUMPTION of affidavit of null and void
ST reappearance of the
CONTINUANCE OF LIFE OF 1 SPOUSE &
MARITAL RELATIONS. absent spouse
As to Well founded belief Generally believed

Meaning of Absent spouse ground that the absent to be dead
1. Absent for 4 years having well-founded spouse is dead
belief of death
2. period of 4 years reduced to 2 years in

danger of death in A391 CC where: III. Effects of Pending Actions/Decree
a. on board vessel lost at sea or airplane (Art. 49, FC)
(includes all kinds of watercraft &
aircraft) 1. The court shall provide for the support of
b. armed forces in war the spouses,
(all military operations involving armed 2. The custody and support of the common
fighting; does not apply to nurses, children, giving paramount consideration to
doctors, reporters or cameramen) their moral and material welfare, their choice
c. danger of death of parent with whom they wish to remain.
(includes earthquakes, fires, 3. The court shall also provide for visitation
explosions, dangerous rights of other parent.
Art. 363 (CC): No child under 7 years shall be Art. 48 (FC): To prevent collusion between the
separated from the mother unless there is a parties, fabrication or suppression of evidence,
compelling reason to do so. the prosecuting attorney or fiscal shall appear on 23
behalf of the State.

IV. Voidable v. Void Marriage
Voidable Marriage Void Marriage

Nature VALID until annulled by court INEXISTENT from the beginning
Convalidation CAN be convalidated by CANNOT be convalidated
prescription or free cohabitation
Effect on property ACP exists unless another No Community Property, only Co-
system is instituted through ownership
marriage settlement
Legitimacy of children Children are LEGITIMATE if General rule: Children are
conceived before decree of ILLEGITIMATE (Art. 165, FC)
annulment Exception: In void marriages by
reason of psychological incapacity
(Art. 36) or non-partition of
properties in a previous marriage
(Art. 53), children are considered
LEGITIMATE
How to impugn Can only be attacked May be attacked DIRECTLY or
DIRECTLY (there must be COLLATERALLY, except for
Annulment Decree) purpose of remarriage (there must
be Judicial Declaration of Nullity)
Effect of death of parties Can no longer be impugned May still be impugned after death of
after death of parties parties
V. Voidable v. Legal Separation
Voidable Marriage Legal Separation

ground for annulment causes after the
at the time of marriage celebration of marriage
terminates marital does not terminate
bond marital bond
once final, cannot be marital relations can
set aside to restore resume upon
marital relation reconciliation
VI. Jurisdiction
Tamano v. Ortiz, (1998)

PD No. 1083 (Code of Muslim Personal
Laws of the Philippines) does not provide for
a situation where the parties were married
both in civil and Muslim rites. Consequently,
the shari'a courts are not vested with original
and exclusive jurisdiction when it comes to
marriages celebrated under both civil and
Muslim laws. Hence, the Regional Trial
Courts have jurisdiction over such cases.
CIVIL LAW REVIEWER Chapter VI. LEGAL SEPARATION, DIVORCE, and DE FACTO SEPARATION
legal separation, whether

Chapter VI. Legal Separation, Divorce concealed or not.
and De Facto Separation c. Drug addiction or habitual 24
alcoholism may be supervening.

I. GROUNDS FOR LEGAL SEPARATION
II. DEFENSES H 6. Lesbianism or homosexuality of
III. WHEN TO FILE/TRY ACTIONS respondent.
A. PRESCRIPTION Same as rules on drug addiction
B. RECONCILIATION PERIOD
C. ATTEMPTS ON RECONCILIATION B 7. Contracting by respondent of a
D. CONFESSION
subsequent bigamous marriage,
E. COLLUSION
IV. EFFECTS OF FILING PETITION FOR LEGAL whether in the Philippines of abroad.
SEPARATION
V. EFFECTS OF DECREE FOR LEGAL I 8. Sexual infidelity or perversion.
SEPARATION a. No conviction is required.
VI. RECONCILIATION
A. HOW DONE L 9. Attempt on the life of petitioner by
B. EFFECTS OF RECONCILIATION respondent.
VII. DIVORCE a. There is no need for criminal
VIII. DE FACTO SEPARATION conviction. Only a preponderance
of evidence is required.
I. Grounds for Legal Separation
A 10. Abandonment of petitioner by
(asked in 75, 76, 79, 80, 82, 89, 94, 96, 97,
respondent without justifiable cause for
02, 03, 06, and 07 bar exams)
more than one year.
(Art. 55, FC) [V A P I D H B I L A]

Note: The grounds for legal separation are People v. Zapata and Bondoc, 88 Phil 688
exclusive. (1951)
Adultery is not a continuing crime, but is
V 1. Repeated physical violence or consummated and exhausted at the moment
grossly abusive conduct directed of carnal union. As such, every sexual act is
against petitioner, a common child, or a a ground for legal separation.
child of the petitioner.
Gandioco v Pearanda, 155 SCRA 725
A 2. Physical violence or moral pressure (1989)
to compel petitioner to change religious In sexual infidelity as a ground for legal
or political affiliation. separation, there is no need for prior
conviction for concubinage, because legal
P 3. Attempt of respondent to corrupt or separation only requires a preponderance of
induce petitioner, a common child, or evidence, as opposed to proof beyond
child of petitioner, to engage in reasonable doubt required in concubinage.
prostitution or connivance in such
corruption or inducement. Lapuz Sy v. Eufemio, 43 SCRA 177
(1972)
I 4. Final judgment sentencing The death of one party in a legal separation
respondent to imprisonment of more case abates the action. This is because the
than 6 years, even if pardoned death of either spouse automatically
(executive pardon, not pardon from dissolves the marriage. An action for legal
offended party). separation is also purely personal between
the spouses.
D 5. Drug addiction or habitual alcoholism
of respondent. Dela Cruz. v. Dela Cruz 22 SCRA 333
a. When it existed from the time of Abandonment is not mere physical
celebration, and concealed from estrangement but also financial and moral
petitioner, can be a ground for desertion. There must be an absolute
annulment of marriage. cessation of marital relations, duties, and
b. When it occurred only after the rights with the intention of perpetual
marriage, it is only a ground for separation.
II. Defenses Note: Art. 60 par. 1 applies only if the judgment

was based solely on the stipulation of facts.
Thus, if other grounds were used, Art. 60 25
Grounds for denying legal separation (Art.
par. 1 is not applicable. (BALANE)

56, FC) [4CMPRD]
1. Condonation by aggrieved party
2. Consent by aggrieved party to the E. Collusion
commission of the offense
3. Connivance between parties in the The court shall assign the prosecuting attorney
commission of the offense or fiscal to make sure that there is no collusion
4. Mutual guilt or Recrimination between between the parties, and that evidence is not
spouses in the commission of any ground fabricated or suppressed (Art. 60, par. 2, FC)
for legal separation
5. Collusion between parties to obtain decree
of legal separation IV. Effects of Filing Petition for Legal
6. Prescription of action for legal separation Separation (LAC)
(Art. 57: 5 years from occurrence of the
cause of action) 1. The spouses are entitled to Live separately,
7. Reconciliation of parties during pendency but the marital bond shall not be severed.
of action (Art. 66 par.1) (Art. 61, par. 1. FC).
8. Death of either party during pendency of
action (Lapuz-Sy v Eufemio, supra) 2. Administration of Community or Conjugal
Property If there is no written agreement
Bugayong v. Ginez, 100 Phil. 616 (1956) between the parties, the court shall
Continued cohabitation despite full designate one of them or a third person to
knowledge of the spouses infidelity administer the ACP or CPG. (Art. 61, par. 2,
constitutes implied condonation. FC)
3. Custody of children The court shall give

III. When to File/Try Actions custody of children to one of them, if there is
no written agreement between the spouses.
A. Prescription It shall also provide for visitation rights of the
Action prescribes after five years from the other spouse. (Art. 62, cf. Art. 49. FC)
occurrence of the cause (Art. 57, FC)
B. Reconciliation Period V. Effects of Decree for Legal

Separation (LACIDIMS)
Action cannot be tried before six months have
elapsed from the filing of the petition (Art. 58. 1. The spouses can Live separately (Art. 63.
FC) FC)
2. The ACP or CPG shall be dissolved and
Note: without prejudice to judicial determination liquidated, and the share of the guilty
of custody of children, alimony, and support spouse shall be forfeited in favor the
pendente lite common children, previous children, or
innocent spouse, in that order (Art. 63. cf.
C. Attempts on Reconciliation Art. 43, par. 2).
3. Custody of the minor children shall be
Action cannot be tried unless the court has awarded to the innocent spouse (Art. 63.
attempted to reconcile the spouses, and FC, cf. Art 213)
determined that despite such efforts, 4. Guilty spouse shall be disqualified from
reconciliation is highly improbable (Art. 59, FC) Inheriting from innocent spouse by intestate
succession. The provisions in favor of the
D. Confession guilty party in the will of the innocent spouse
shall also be revoked by operation of law.
No decree of legal separation shall be based (Art. 63, FC)
upon a stipulation of facts or a confession of 5. Donations in favor of the guilty spouse may
judgment (Art. 60, par. 1. FC) be revoked (Art. 64. FC)
6. Innocent spouse may also revoke
designation of guilty spouse as beneficiary
in an Insurance policy, even if such Effect: Filipinos living abroad could not
stipulations are irrevocable (Art. 64. FC, cf. obtain a valid divorce even in countries
PD 612, sec. 11). where divorce is legally permissible. 26
7. Obligation for Mutual support ceases, but

the court may order the guilty spouse to Art. 26(2), Civil Code. Where a marriage between a
support the innocent spouse. (Art. 198, FC) Filipino citizen and a foreigner is validly celebrated
8. The wife shall continue to use the Surname and a divorce is thereafter validly obtained abroad by
of the husband even after the decree for the alien spouse capacitating him or her to remarry,
the Filipino spouse shall have capacity to remarry
legal separation. (Art. 372, CC)
under Philippines law.
Valid Foreign Divorce

VI. Reconciliation a. valid marriage between a Filipino
citizen and a foreigner
b. divorce is validly obtained by the alien
A. How Done spouse
Should the spouses reconcile, they should file a c. alien spouse becomes capacitated to
corresponding joint manifestation under oath remarry
of such reconciliation. (Art. 65, FC) Result: the Filipino spouse shall likewise
have the capacity to remarry under
Philippine law
B. Effects of Reconciliation
1. Proceedings for legal separation shall be Van Dorn v. Romillo, 139 SCRA 139 (1985)
terminated at whatever stage. (Art. 66, FC) Before the effectivity of the FC, the SC
2. If there is a final decree of legal separation, applied Article 15 of the CC, from the
it shall be set aside. (Art. 66, FC) foreigners perspective, to decree the validity
3. The separation of property and forfeiture of of a divorce with respect to the Filipino
share of guilty spouse shall subsist, unless spouse to prevent the unjust result to the
the spouses agree to revive their former Filipino spouse as the alien spouse is
property regime or to institute another already capacitated to remarry.
property regime. ( Art. 66 cf. Art. 67, FC)
4. Joint custody of children is restored. Quita v. Dandan, 300 SCRA 406 (1998)
5. The right to intestate succession by guilty The time of obtaining foreign citizenship is
spouse from innocent spouse is restored. necessary to determine the validity of
The right to testamentary succession divorce obtained by the spouse who applied
depends on the will of the innocent spouse. for foreign citizenship. It must be
ascertained that when that spouse obtained
the divorce, he/she was no longer bound by
Philippine domestic law
VII. Divorce
(asked in 87, 90, 96, 97, 99, 02, 06 bar Llorente v. CA, 345 SCRA 592 (2000)
exams) nd
A 2 marriage obtained by a Filipino who is
already a US citizen at the time of the
General Rule nd
divorce and the remarriage makes the 2
Divorce is not allowed in the Philippines and marriage completely valid.
even for Filipinos abroad.
Garcia v. Recio, 366 SCRA 437 (2001)
Exception Philippine courts do not take cognizance of
Foreign and Muslim divorces. foreign laws. The foreign law granting
divorce as well as the nature of the divorce
Foreign Divorces (asked in 09 bar exam) granted (w/n it was absolute) must be
proven.
Art. 15, Civil Code. Laws relating to family rights and
duties, or to the status, condition and legal capacity of Republic vs. Orbecido, (2005)
the persons are binding upon citizens of the
The period of reckoning to determine
Philippines, even though living abroad.
citizenship for the purpose of the application
of Art.26 par.2 is the time of securing a
The Nationality Theory of Jurisdiction /
divorce.
Nationality Principle applies to personal
rights.
Muslim Divorces 2. Judicial authorization may be obtained when the

Presidential Decree 1083 (Code of Muslim consent of one spouse is required by law for any
Personal Laws) transaction of the other (subject to Art. 239), and 27

3. The separate property of both spouses shall be
7 forms of Muslim divorces (Art. 45) (TF-
solidarily liable for the support of the family in the
KILTZ) absence of sufficient community property. The spouse
a. talaq- repudiation of the wife by the present shall be given judicial authority to administer
husband or encumber any specific separate property of the
b. ila- vow of continence by the husband absent spouse and use the fruits thereof to satisfy the
c. zihar- injurious assimilation of the wife latters share.
by the husband
d. lian- acts of imprecation Art. 127. Same rules as above, but for Conjugal
e. khul- redemption by the wife Partnership of Gains
f. tafwid- exercise by the wife of the Procedural Rules for Art. 100/127, par. 2:
delegated right to repudiate 1. In the case of Art 100/127 par. 2, a verified petition
g. faskh- judicial decree may be filed in court, attaching the proposed deed or
description of the transaction and the reason why the
Grounds for faskh (Art. 52) other spouses consent has not been secured. (Art.
a. The marriage bond shall be severed and 239)
the spouses may contract another
marriage 2. Court shall issue a notice for the initial conference
b. The spouses shall lose their mutual and shall notify the other spouse to show cause why
petition should not be granted. (Art. 242)
rights of inheritance
c. The custody of children shall be 3. If the petition is not resolved at the initial
determined in accordance with Article 78 conference, then the court shall decide in a summary
of the code hearing. (Art. 246)
d. The wife shall be entitled to recover from
the husband her whole dower in case 4. Its decision shall be final and executory. (Art. 247)
the talaq has been affected after the
consummation of the marriage, or one- Perez v. CA, 255 SCRA 661 (1996)
half thereof if effected before its Applicability of the tender years presumption
consummation of Art. 213 (No child under 7 years of age
e. The husband shall not be discharged shall be separated from the mother) to de
from his obligation to give support in facto separation, save for compelling
accordance with Article 67 reasons such as neglect, abandonment,
f. The conjugal partnership, if stipulated in unemployment and immorality, habitual
the marriage settlements, shall be drunkenness, drug addiction, maltreatment
dissolved and liquidated. of child, insanity, communicable disease.
Yasin v. Sharia District Ct, 241 SCRA 606

(1995)
A Muslim divorce dissolves the marital bond
and therefore a woman may use her maiden
name and surname without any special
proceeding in court.
VIII. De Facto Separation
Rules applicable to De Facto Separation
Art. 100, Family Code. De Facto Separation shall

not affect the regime of absolute community,
except that:
1. The spouse who abandons the conjugal home

without just cause is not entitled to support,
consent (Art. 73 [Omission corrected on

Chapter VII. Rights and Obligations Nov. 8, 1968])
Between Husband and Wife 28
(asked in 75, and 84 bar exams)

III. Use of Surname
I. OBLIGATION OF SPOUSES
II. RIGHTS OF SPOUSES
III. USE OF SURNAME Married Women: (Art. 370, CC)
A married woman may use:
I. Obligations of Spouses (Arts. 68-71, a. Her maiden first name and surname and
add her husband's surname, or
FC) b. Her maiden first name and her
Live together (cohabitation Art. 68) husband's surname or
Exemption: One spouse living abroad c. Her husband's full name, but prefixing a
or there are valid and compelling word indicating that she is his wife, such
reasons (Art. 69, Par 2) as Mrs.
Exemption to Exemption: Incompatibility
with the solidarity of the family (Art. 69, Yasin v. Sharia District Court, (1995)
Par. 2) The woman only has an option and not
Observe mutual love, respect, and fidelity a duty to use the surname of her
Render mutual help and support (Art. 68) husband, as provided for in Art. 370,
Fix the family domicile. CC. Moreover, when her husband dies,
In case of disagreement, the court shall the woman can revert to her old name
decide. (Art. 69, Par. 1) without need for judicial declaration.
Jointly support the family. (Art. 70)
From the conjugal property/income of Widows
the fruits of their separate properties A widow may use the deceased husbands
In case of absence/insufficiency, from surname as though he were still living. (Art.
their separate properties (liable in 373, CC)
proportion to their properties)
Manage the household. (Art. 71) Mistresses
The Supreme Court allowed the mistress to
use her live-in partners name, since
II. Rights of Spouses (Arts. 72-73, FC) everyone already knew that she was a
mistress, so as to avoid confusion. (Legamia
In case the other spouse neglects his or her v. IAC (1984))
duties or commit acts which tend to bring
danger, dishonor or injury to the family, the Divorcees
aggrieved party may apply the court for The Supreme Court allowed the mistress to
relief. (Art. 72) use her live-in partners name, since
Injury contemplated is physical, moral, everyone already knew that she was a
emotional, or psychological, not mistress, so as to avoid confusion.
financial. (Tolentino v. CA (1988))
Either spouse may exercise any legitimate

profession, without need for consent of the
other.
The other spouse may only object on
valid, serious, and moral grounds.
In case of disagreement, the Court shall
decide whether
o the objection is proper, and
o benefit has accrued to the family
before OR after the objection.
If BEFORE, enforce resulting obligation
against the community property.
obligation against the separate property
of the spouse who has not obtained
CIVIL LAW REVIEWER Chapter VIII. PROPERTY RELATIONS BETWEEN SPOUSES
settlement applies to all Filipinos, regardless of

Chapter VIII. Property Relations Between the place of the marriage and their residence.
Spouses 29
Exceptions

I. GENERAL PROVISIONS 1. Where both spouses are aliens
II. DONATIONS BY REASON OF MARRIAGE 2. As to the extrinsic validity of contracts
III. ACP 3. Contrary stipulation
A. IN GENERAL
B. WHAT CONSTITUTES COMMUNITY
PROPERTY
Requirements for Marriage Settlements (Art.
C. CHARGES UPON THE ACP 77, FC) (WiSER)
D. ADMINISTRATION, OWNERSHIP AND 1. Must be in writing (public or private)
DISPOSITION OF THE ACP 2. Signed by the parties
E. DISSOLUTION OF THE ACP 3. Executed before the celebration of the
F. LIQUIDATION OF ASSETS AND marriage
LIABILITIES 4. Must be registered in local civil registry to
IV. CPG affect third persons (If not registered, will not
A. WHERE IT APPLIES
prejudice third persons, ACP will apply)
B. HUSBAND AND WIFE PLACE IN
COMMON FUND 5. If party needs parental consent (age 18-21),
C. EXCLUSIVE PROPERTIES OF THE parent/guardian must be a party to the
SPOUSES settlement (Art. 78)
D. WHAT CONSTITUTES THE CPG 6. If party is under civil interdiction or other
E. RULES disability (not including insanity), court
F. CHARGES UPON CPG appointed guardian must be a party (Art. 79)
G. ADMINISTRATION OF THE CPG
H. DISSOLUTION OF THE CPG General Rule: All modifications to the
I. LIQUIDATION OF ASSETS AND
marriage settlement must be made
LIABILITIES
V. SEPARATION OF PROPERTIES DURING
before the marriage is celebrated. (Art.
MARRIAGE 76)
VI. PROPERTY REGIME OF UNIONS WITHOUT Exceptions:
MARRIAGE Legal Separation (Art. 63 (2), FC)
o The property regime is
I. General Provisions dissolved.
Revival of the former property
(asked in 76, 86, 91, 92, 94, 95, 96, 97 and regime upon reconciliation if the
05 bar exams) spouses agree (Art. 66 (2))
A spouse may petition the court for:
Order to be followed (Arts. 74, 75, FC) o Receivership
1. Marriage settlements before marriage o Judicial separation of property,
spouses can agree to whatever regime they or
want (ACP, CPG, complete separation or o The authority to be the sole
any other property regime to be agreed administrator of the conjugal
upon prior to the celebration of the partnership
marriage). If the other spouse
2. Family Code If there are no marriage abandons the other without
settlements, or if the regime agreed upon is just cause or fails to comply
void, the Absolute Community of Property with his or her obligations to
will be followed the family. (Art. 128)
3. Local Customs Judicial Dissolution (Arts. 135 and
136)
General Rule (Art. 80, FC) Furthermore: Marriage settlements are
Property relations between Filipino spouses are considered ACCESSORY to the
governed by Philippine laws, regardless of the marriage
place of marriage and their residence Stipulations in consideration of
(Nationality Rule- Art 15, NCC). future marriage and donations will
be void if the marriage does NOT
Hence take place. (Art. 81, FC)
The rule that ACP is the default mode of
property relations absent any marriage
II. Donations by Reason of Marriage DONATIONS PROPTER ORDINARY

NUPTIAS DONATIONS
May be made by minors Cannot be made by 30
Requisites of donations propter nuptias: (Art. (Art. 78) minors

82, FC) May include future Cannot include future
a) Made before the celebration of marriage. property property
b) Made in consideration of the marriage. If present property is No limit to donation of
c) In favor of one or both spouses. donated and property is present property provided
d) The donor must be one of the betrothed or not absolute community, legitimes are not
any third person limited to 1/5 (Art. 84) impaired
Grounds for revocation - Grounds for revocation -
In Art. 86 in donation laws
Donations excluded
1. Ordinary wedding gifts given after the
Rules
celebration of the marriage
1. Before Marriage
2. Donations in favor of future spouses made
General Rule:
before marriage but not in consideration
thereof Future spouses cannot donate to each
3. Donations made in favor of persons other other more than 1/5 of their present
than the spouses even if founded on the property (excess shall be considered
intended marriage void) (Art. 84, FC)
Exception:
Who may donate If they are governed by ACP
1. Spouses to each other
2. During Marriage
2. Parents of one or both spouses
rd General Rule:
3. 3 persons to either or both spouses
Spouses cannot donate to each other,
directly or indirectly (donations made by
Moreover, in donations propter nuptias, the
spouses to each other during the
marriage is really a consideration but not in
the sense of giving birth to the obligation. marriage are void) (Art. 87, FC)
Exception:
There can be a valid donation even if the
marriage never took place. However, the Moderate gifts on the occasion of any
absence of marriage is a ground for the family rejoicing.
revocation of the donation. (Solis v. Barroso,
(1928)) Matabuena v Cervantes, (1971)
The donation between common-law
Donations propter nuptias are without spouses falls within the provision prohibiting
onerous consideration, marriage being donations between spouses during
merely the occasion or motive for the marriage.
donation, not its cause. Being liberalities,
Harding v. Commercial Union, (1918)
they remain subject to reduction for
inofficiousness upon the donors death, if The prohibition on donations can only be
they should infringe the legitime of a forced assailed by persons who bear such relation
heir. (Mateo v. Lagua, (1969)) to the parties or the property itself, that their
rights are being interfered with. Here, the
Rules to Follow in Donation Propter insurance company of the donated car
Nuptias cannot assail the validity of the donation. In
1. Family Code provisions (Arts. 82-87) addition, the codal exception of moderate
2. Ordinary Donation provisions (Art. 83, FC; gifts depends on the income class of the
Title III of Book III of the NCC) spouses and a car could be considered a
moderate gift that does not infringe the
3. Provisions on testamentary succession and
prohibition of donation between spouses.
the formalities of wills for donations on future
property (Art. 84, par. 2)
Sumbad v. CA, (1999)
Distinguished from Ordinary Donations The donation made by a man to a woman
was held valid because no proof was shown
DONATIONS PROPTER ORDINARY that they were still living in a common-law
NUPTIAS DONATIONS relationship at the time of the donation.
Does not require express Express acceptance
acceptance necessary Donation of Property Subject to
Encumbrances
1. Are considered valid. c. When the marriage is dissolved (by

2. In case of foreclosure death of one of the spouses)
a. if property value < obligation, donee d. When the marriage is annulled 31
shall not be liable

b. if property value > obligation, donee Supplementary Rules to Follow
shall be entitled to the excess (Art. 85, Co-ownership (Art. 90, FC)
FC)
Grounds for Revocation of Donation Propter

B. What Constitutes Community Property
Nuptias (Art. 86, FC) (CAVaLRI) What it consists
1. If the marriage is not celebrated or judicially All the property owned by the spouses at the
declared void ab initio, except donations time of the celebration of the marriage or
made in settlements. acquired thereafter. (Art. 91, FC)
2. When the marriage takes place without the
consent of the parents or guardians, as Under the ACP, spouses cannot exclude specific
required by law. properties from the regime.
3. When the marriage is annulled, and the
donee acted in bad faith. What is Excluded (BGM) (Art. 92, FC)
4. Upon legal separation, if the donee is the 1. Properties acquired by a gratuitous title, i.e.
guilty spouse. donation, inheritance by testate and
5. If there is a resolutory condition, and it is not intestate succession, including the fruits of
complied with. such properties
6. When donee has committed an act of
ingratitude: (Art. 765, CC) (PCS) EXCEPT: When it was expressly provided
a. An offense against person or property of by the donor or testator that the property
donor, or his wife or children under shall form part of the ACP
parental authority.
b. An imputation to the donor of any 2. Properties for personal use
criminal offense, or any act involving
moral turpitude, even if proven, unless EXCEPT: Jewelry - they form part of the
the crime is committed against the ACP
donee, his wife or children under his
authority. 3. Properties acquired before the marriage, for
c. Refusing to support the donor, if he/she those with legitimate descendants with a
is legally required to do so. former marriage (to protect rights of children
by a former marriage)
*The action for filing for revocation of donation
prescribes. Presumption
All properties acquired during the marriage form
part of the ACP, unless it be proven that they are
III. Absolute Community of Property excluded. (Art. 93, FC)
A. In General
C. Charges Upon the ACP (Art. 94, FC) (4
(Asked in 98 and 07 bar exams) debts, 2 taxes, 2 expenses, support,
donation)
When it commences
At the precise moment of the celebration of the (asked in 76 bar exam)
marriage (Art. 88, FC). However, if the marriage
is celebrated before the Family Code took effect 1. Support
(1988), the default property regime is the Spouses
Conjugal Partnership of Gains (CPG). Even if not living together except
when a spouse leaves conjugal
Waiver of Rights (Art. 89, FC) home without just cause
General Rule: NOT ALLOWED Even during pendency of action for
Exceptions legal separation or annulment of
a. When there is judicial separation of marriage
property Common children
b. When there is legal separation Legitimate children of previous marriage
Illegitimate children - follow the presumed that she agreed with the husbands
provisions on Support and (9) decision. (Art. 96, FC)
2. Debts and Obligations Contracted During 32
Marriage Except

Either by both spouses or one of them, When the other spouse is incapacitated, or
with the consent of the other. unable to participate in the administration (e.g.
In (2) and (3), creditors need not prove when abroad). The powers refer solely to
that the debts benefited the family. administration; disposition or encumbrance
3. Debts Contracted by one Spouse Without requires consent of the absent or incapacitated
Consent of the other spouse.
ACP liable only to the extent that the
debt benefited the family. Homeowners Savings & Loan Bank v. Dailo
4. Tax, Liens, Repairs on Community Property (2005)
Includes both major and minor repairs In the absence of (court) authority or written
5. Taxes and Expenses for Mere preservation consent of the other spouse, any disposition
of Separate properties or encumbrance of the conjugal property
Applies only to separate properties by shall be void.
either spouse being used by the family,
not those that do not benefit the family. Disposition of Property
Expenses limited to minor repairs. Either spouse may, through a will, dispose
6. Expenses for professional, Vocational, or his/her interest in the community property. (Art.
Self-Improvement Course of Spouses 97, FC) However, the will should refer only to
7. Ante-nuptial Debts that Benefited the Family his/her own share in the community property
If the ante-nuptial debt did not benefit
the family, applicable rule is (9). Donation of Property
8. Donations by Both Spouses to Common General Rule
Legitimate Children Donation of one spouse without the consent
Purpose: professional, vocational of the other is not allowed (Art. 98, FC)
courses or activities for self- Exceptions
improvement a. Moderate donations to charity due to
9. Ante-Nuptial Debts not under (7), Support of family rejoicing or distress;
Illegitimate Children, Liabilities of Either b. Moderate gifts by each spouse to the
Spouse Arising from Crime or Quasi-Delict other due to family rejoicing. (Note:
Only ff the debtor-spouse has no Whats moderate depends on the socio-
exclusive property or his or her property economic status of the family)
is insufficient.
The payments by the ACP are deemed
advances to be deducted from the share
E. Dissolution of ACP
of the guilty spouse upon the liquidation ACP terminates upon (Art. 99, FC)
of the absolute community. 1. Death of either spouse follow rules in Art.
10. Expenses of Litigation between Spouses 103
Except when suit is groundless 2. Legal Separation follow rules in Arts. 63
and 64
If community property is insufficient except in 3. Annulment or judicial declaration of nullity
(9), spouses are solidarily liable for the unpaid follow rules in Arts. 50 to 52
balance from their separate properties. 4. Judicial separation of property during
marriage follow rules in Arts. 134 to 138
Gambling losses shall be borne by the losing
spouses separate property, winnings shall Rules on De Facto Separation (ART. 100,
accrue to the community property. (Art. 95, FC) FC)
De facto separation does not affect the ACP;
EXCEPT that:
D. Administration, Ownership and
1. Spouse who leaves the conjugal home
Disposition of ACP
without just cause shall not be entitled to
Administration of property support. He/She, however, is still required to
Belongs to both spouses jointly. If they disagree support the other spouse and the family.
the husbands decision prevails. However, the 2. If consent is necessary for transaction but is
wife has five years from the date of the decision withheld or otherwise unobtainable,
to go to court for recourse. Otherwise, it is
authorization may be obtained from the the provisions of law on forfeitures and
court. delivery of presumptive legitimes.
3. Support for family will be taken from the 33
ACP. 6. After covering all community obligations and

4. If ACP is insufficient, spouses shall be obligations of spouses, balance of separate
solidarily liable. properties shall be delivered to respective
5. If it is necessary to administer or encumber spouses or their heirs, and they will also
separate property of spouse who left, divide into two equal shares whatever is left
spouse present may ask for judicial authority of the community assets, without prejudice
to do this. to the provisions of law on forfeitures and
6. If ACP is not enough and one spouse has delivery of presumptive legitimes.
no separate property, spouse who has
property is liable for support, according to Rules in Case of Termination of Marriage by
provisions on support. Death of One of the Spouses (Art. 103, FC)
1. The community property shall be liquidated
Abandonment (Art. 101, FC) in the same proceeding for the settlement of
Present spouse may petition the court for: the estate of the deceased spouse.
1. receivership; 2. If no such judicial settlement proceeding is
2. judicial separation of property; or instituted, surviving spouse shall liquidate
3. authority to be the sole administrator of the the community property either judicially or
absolute community, subject to extra-judicially within one year from the
precautionary conditions that the court may death of the deceased spouse.
impose. a. If no liquidation is made within the
Spouse is prima facie considered to have period, any disposition or encumbrance
abandoned the other spouse and the family if: involving community property of the
1. he/she has left for a period of three months, terminated marriage shall be void.
2. he/she has failed to inform his/her b. Non-compliance with liquidation
whereabouts for a period of three months. procedures would mean that a
subsequently contracted marriage will
follow a regime of complete separation
F. Liquidation of Assets and Liabilities of property.
(asked in 89 and 99)
Procedure for Liquidation of Community
Process of liquidation of ACP (Art. 102, FC) Properties of Two Marriages (Art. 104, FC)
1. Inventory of assets of ACP and of spouses, 1. Determine the capital, fruits, and income of
with market values. each community upon such proof as may be
considered according to the rules of
2. Obligations are paid with community evidence.
property, and separate obligations not 2. In case of doubt as to which community the
charged to ACP paid by respective assets of existing properties belong, they shall be
spouses. divided between two communities in
a. If obligations exceed the assets of the proportion to the capital and duration of
ACP, nothing is divided. Creditors can each.
go after the separate properties of the Onas v. Javillo, (1934)
spouses, which are solidarily liable for Javillo contracted 2 marriages. SC ruled that
the deficiency. each absolute community should be
considered owner of the parcels of land
3. Delivery of whatever remains in their acquired during its existence. Death
exclusive property. discontinues ACP.
Vda. De Delizo v. Delizo, (1976
4. Balance, or net remainder is divided equally In case of doubt as to which community the
between the spouses, irrespective of how existing properties belong, the same shall be
much each brought into the community. divided between the different communities in
proportion to the capital and duration of
5. If personal obligations of a spouse exceed each.
his/her separate property, creditor can go
after the share of the spouse on the net
remainder of the ACP, without prejudice to
IV. Conjugal Partnership of Gains

(Asked in 79 bar exam) 34

CPG Ordinary partnership
1. Existence Exists with the mere fact of marriage Comes into existence according to
agreement between parties
2. Purpose, Predetermined by legislator, the law Determined by will of partners.
duration, and fixing its conditions.
rules
3. Profits Divided equally between spouses, Depends upon respective capitals of
irrespective of the amount of capital that partners, or upon their agreement
they bring into marriage
4. Equality No equality between spouses in control, General rule is that all partners have
management, and disposition, because equal rights in administration,
the law grants the husband some management, and control of
predominance. partnership.
5. Personality No juridical personality Considered a juridical person
6. Commencement At precise moment of celebration of At the time agreed upon by partners
marriage
7. Regulation By law By agreement of parties; subsidiarily,
by law
8. Purpose Not particularly for profit For profit
9. Causes for Death, legal separation, annulment, Death, insolvency, civil interdiction,
dissolution JDN, judicial separation of property termination of term, express will of any
partner, etc. (Arts 1830-1931)
10. Effect of death Dissolution of partnership Surviving partners may choose to
of a partner continue partnership
11. Division of Only upon dissolution There can be division of profits without
properties dissolution
12. Management Joint; in case of disagreement, the Same as individual partners, except
husbands decision shall prevail, wife when one or more partners designated
has recourse to courts as managers.
CPG ACP
1. Property acquired Each spouse retains his/her property; Properties become part of community
before marriage. only fruits part of conjugal property property
2. Property acquired Part of conjugal property Becomes community property
during marriage
3. Upon dissolution Separate properties are returned; net Net remainder of ACP divided equally
of marriage profits divided between spouses or between spouses or heirs
heirs
4. Basis Capital and properties of spouses kept Mutual trust and confidence between
separate and distinct from benefits; spouses; fosters oneness of spouses
insurmountable obstacle to
presumption of solidarity
5. Liquidation Exclusive properties will have to be Easier to liquidate because net
identified and returned, and remainder of community properties are
sometimes, identification is difficult. simply divided between spouses or
heirs.
A. Where It Applies (Art. 105) Note: CPG begins at the precise moment the
marriage celebrated (Art 107)
1. For marriages before the implementation of
the Family Code.
2. For marriages after the Family Code, if
agreed to by the parties through a marriage
settlement.
B. Husband and Wife Place in Common 4. Share of either spouse in hidden treasure,
Fund (PIPF-EC) (Art. 106) whether as finder or owner of property
where treasure is found 35
1. The proceeds, products, fruits, and income 5. Acquired through occupation such as

of their separate properties; fishing or hunting
2. Everything acquired by them within marriage 6. Livestock existing at dissolution of
through their own efforts; partnership in excess of what is brought by
3. Everything acquired by them by chance either spouse to the marriage
7. Acquired by chance, such as winnings
C. Exclusive Properties of the Spouses from gambling or betting
1. Art 109 (OGRE) Moral damages arising from a contract paid
from CPG are also awarded to the CPG
Directly (1) Property brought into marriage by (Zulueta v. Pan-Am, 1973).
acquired or each spouse as his/her own
Loans contracted during the marriage are
originally (2) Property acquired by either spouse
exclusive during the marriage by gratuitous title
conjugal, and so is any property acquired
Property (3) Property acquired by right of therefrom (Mendoza v. Reyes, 1983).
by redemption, by barter, or by exchange
substitution with property belonging to either spouse E. Rules
(4) Property purchased with exclusive
money of either spouse 1. presumption that property is conjugal: all
property acquired during the marriage,
2. Other Separate Property: (CSI) whether made, contracted, or registered in
a. Collection of credits belonging to one the name of one spouse, are presumed
spouse exclusively but the interests conjugal unless the contrary is proven (Art.
shall belong to the CPG (Art 119) 116, FC).
b. Sale of separate property of a spouse As a condition sine qua non for the
c. Indemnity paid in case of expropriation operation of the presumption in favor of
of separate property or under an the conjugal partnership the party who
insurance policy covering separate invokes the presumption must first prove
property. that the property was acquired during
the marriage. (Acabal v. Acabal, 2005)
Spouses retain the ownership, "X married to Y" as it appears in land
possession, administration and titles is not conclusive of the conjugal
enjoyment of their exclusive properties status of the property (Jocson v. CA,
(Art 110, par 1.) 1989).
Possession by one spouse of the Exclusive property brought into a
separate property the other spouse does second marriage remains exclusive
not affect ownership property of that spouse under CPG
Transfer of administration of a spouses regime; ACP is not retroactive for
exclusive property to the other spouse marriages celebrated under the Civil
must be made in a public instrument Code (Francisco v. CA, 1998).
recorded in the registry of property of 2. property purchased by installment (paid
the place where the property is located partly with conjugal funds and partly with
(Art 110, FC) but ownership is not exclusive funds) Art. 118:
conferred to the administrator spouse conjugal property if full ownership was
(Rodriguez v. de la Cruz, 1907). vested during the marriage CPG shall
reimburse the owner-spouse
exclusive property if full ownership was
D. What Constitutes the CPG (Art. 117)
vested before the marriage owner-
(asked 75, 76, 78, 85, and 87 bar exams) spouse shall reimburse the CPG
(OLF-N-HOLC) Exclusive property brought into a second
marriage remains exclusive property under
1. Acquired by Onerous Title during the CPG regime. ACP is not retroactive for
Marriage at Expense of Common Fund marriages celebrated under the Civil Code
2. Acquired through the Labor, Industry, Work, (Castillo v. Pasco, 1964).
Profession of Either or both Spouses
3. Fruits from common property and net Even if the installment is completed after the
fruits of exclusive property of each spouse marriage, the property is exclusive if
ownership was vested in one spouse before F. Charges upon CPG

the marriage (Lorenzo v. Nicolas, 1952).
(asked in 87 and 04 bar exams) 36
3. rules on improvement on exclusive

Art. 121, Family Code. The conjugal partnership
property: (Art. 120)
shall be liable for:
accession - if original value is greater (1) The support of the spouse, their common
than new value (value of land + value of children, and the legitimate children of either
improvements + net change in value), spouse; however, the support of illegitimate
then land remains exclusive property of children shall be governed by the provisions of
the owner-spouse; subject to this Code on Support;*
reimbursement of the cost of (2) All debts and obligations contracted during the
improvement marriage by the designated administrator-
reverse accession - if original value is spouse for the benefit of the conjugal
partnership of gains, or by both spouses or by
less than new value, then land becomes
one of them with the consent of the other; *
conjugal property; subject to the (3) Debts and obligations contracted by either
reimbursement of the value of the spouse without the consent of the other to the
property of the owner-spouse at the extent that the family may have benefited;
dissolution of the CPG. (4) All taxes, liens, charges, and expenses,
including major or minor repairs upon the
Change of ownership takes place at the time conjugal partnership property; *
when the improvements are made (5) All taxes and expenses for mere preservation
(Calimlim-Canullas v. Fortun, 1984). made during the marriage upon the separate
property of either spouse;
(6) Expenses to enable either spouse to commence
4. If winning ticket is bought by conjugal or complete a professional, vocational, or other
funds, prize is conjugal; otherwise, it is activity for self-improvement; *
exclusive property of spouse who owns the (7) Ante-nuptial debts of either spouse insofar as
ticket. they have redounded to the benefit of the family;
5. Property belonging to one spouse (8) The value of what is donated or promised by
converted into another kind totally different both spouses in favor of their common
in nature from its original form during legitimate children for the exclusive purpose of
marriage becomes conjugal in the absence commencing or completing a professional or
vocational course or other activity for self-
of proof that the expenses of conversion
improvement;* and
were exclusively for the account of the (9) Expenses of litigation between the spouses
original owner-spouse, subject to unless the suit is found to groundless.:
reimbursement of the value of the original
property from the conjugal partnership If the conjugal partnership is insufficient to cover the
6. Money received under the Social Security foregoing liabilities, the spouses shall be solidarily
Act is not conjugal, although the liable for the unpaid balance with their separate
employee-spouse contributes to the SSS properties.
with his salaries, but belongs to the
designated beneficiary under the Social * Same as the rule governing ACP
Security Law.
7. Intellectual property, like copyright or Categorization of CPG Charges
patent, should, according to Tolentino, citing (Pangalangan notes)
Planiol and Ripert, be considered separate Debts & Taxes & Support
property of the spouse who produces or Obligations Expenses
(2) Debts incurred: (4) (1) support of
invents or discovers it.
(a) by maintenance spouses and
8. Business property (e.g. trade-marks, trade administrator- of CPG common
names, service marks, business goodwill) spouse for the properties children
are merely accessories to some commercial benefit of the
establishment or product, so that if such family;
establishment or product is separate (b) by both
property of one spouse, then the business spouses;
property is separate property; but all benefits (c) by one spouse
or earnings derived from these different with the consent of
the other
kinds of property during the marriage should
(3) by one spouse (5) mere (6) education
belong to the conjugal property (Tolentino, without the consent preservation of spouses,
id., citing the same authority). of of all absolute
the other for the exclusive
benefit of the Properties Homeowners Savings & Loan Bank v.

family Dailo (2005)
(7) antenuptial (9) litigation (8) education In the absence of (court) authority or 37
debts for the expenses, of common written consent of the other spouse,

benefit of the unless the children, only any disposition or encumbrance of
Family suit is for
groundless value of
the conjugal property shall be void.
donation
H. Dissolution of the CPG
Debts incurred in the exercise of a spouses
profession are charged on the CPG (Javier 1. Termination of CPG Art. 126 (cf. Art. 99)
v. Osmea, 34 PHIL 336). (DLAJ)
Debts incurred during the marriage are a. Death
presumed to be conjugal and thus are b. Legal Separation
charged on the CPG (Cobb-Perez v. Lantin, c. Annulment or declaration of nullity
23 SCRA 637) d. Judicial separation of property
Loan contracts signed by both spouses are
conjugal, and they are jointly liable for 2. CPG not affected by de facto Separation Art.
payment, even if only one spouse signs a 128 (cf. Art. 100)
subsequent promissory note (DBP v. Adil, 3. Abandonment and Absence (cf. Art. 101)
161 SCRA 307). Ayala Investment v. Ching, (1998)
Debts incurred for the benefit of third The Supreme Court ruled that indirect
persons are not charged on the CPG benefits that might accrue to a husband
(Luzon Surety Co. v. De Garcia, 30 SCRA in signing as a surety or guarantee
111). agreement not in favor of the family but
in favor of his employer corporation are
not benefits that can be considered as
G. Administration of the CPG giving a direct advantage accruing to the
(asked in 75, 77, 02 and 06 bar exams) family. Hence, the creditors cannot go
against the conjugal partnership
1. The administration and enjoyment of the property of the husband in satisfying the
conjugal partnership shall belong to both obligation subject of the surety
spouses jointly. In case of disagreement, agreement. A contrary view would put in
the husband's decision shall prevail, peril the conjugal partnership by
subject to recourse to the court by the wife allowing it to be given gratuitously as in
for proper remedy, which must be availed of cases of donation of conjugal
within 5 years from the date of the contract partnership property, which is prohibited.
implementing such decision (Art. 124,
par.1). I. Liquidation of Assets and Liabilities
Sale by the husband of property
belonging to the conjugal partnership (asked in 87 and 89 bar exams)
without the consent of the wife when
there is no showing that the latter is 1. Procedure (Art. 129) IAR-DRIN-PC
incapacitated is void ab initio. (Abalos v. a. Prepare an inventory of all properties
Macatangay, Jr, 2004) b. Amounts advanced by CPG in payment
2. Disposition or encumbrance of conjugal of personal debts and obligations shall
property requires: (Art. 124, par. 2) be credited to CPG
a. The consent or approval by both c. Reimburse each spouse for the use of
spouses; OR his/her exclusive funds in the acquisition
b. Judicial authority secured in court of property or for the value of his or her
exclusive property, the ownership of
Donation of CPG must be with the which has been vested by law in the
consent of the other spouse except conjugal partnership.
moderate donations for charity, on d. Debts and obligations of CPG shall be
occasions of family rejoicing, or family paid out of the conjugal assets,
distress (Art 125, cf. Art 98) otherwise both spouses are solidarily
Mere awareness of a transaction is NOT liable with their exclusive property.
consent (Jader-Manalo v. Camaisa, e. Remains of the exclusive properties
2002) shall be delivered to respective owner-
spouses
f. Indemnify loss or deterioration of V. Separation of Properties During

movables belonging to either spouse, Marriage
even due to fortuitous event, used for 38
the benefit of the family

Art. 134, Family Code. In the absence of an express
g. Net remainder of CPG shall the
declaration in the marriage settlements, the
constitute the profits which shall be separation of property between spouses during the
divided equally between husband and marriage shall not take place except by judicial order.
wife except when: Such judicial separation of property may either be
o A different proportion or division was voluntary or for sufficient cause.
agreed upon in the marriage
settlements Judicial separation of property may either be
o There has been a voluntary waiver (1) voluntary or (2) for sufficient cause.
or forfeiture of such share as
provided in the FC A. Sufficient Causes and Grounds for
h. Presumptive legitimes delivered to Return to Previous Regime
common children per Art. 51
i. Conjugal dwelling goes to: Sufficient Causes for Grounds for Return to
o Spouse with whom majority of Judicial Separation of Previous Regime
Property (Art. 135) (Art. 141)
common children choose to remain
(CALASA)
(below 7yrs deemed to have chosen (1) Spouse of petitioner (1) Termination of the civil
the mother) has been sentenced interdiction
o Whoever the court chooses in case to a penalty which
of lack of majority carries with it civil
interdiction
2. Rules (2) Spouse of petitioner (2) Reappearance of
Property must be recorded in the is judicially declared absentee spouse
registry of property in order to affect an absentee
third persons dealing with registered (3) Loss of parental (5) Restoration of parental
property. authority of the authority to the spouse
spouse of petitioner previously deprived of
Spouses are not co-owners of CPG has been decreed by it
during the marriage and cannot alienate the court
the supposed interest of each in the
said properties. The interest of the (4) Spouse of petitioner (4) When the spouse who
spouses in the CPG is only inchoate or has abandoned the left the conjugal home
latter or failed to without legal
a mere expectancy and does not ripen
comply with his or separation resumes
into title until it appears after the her obligations to the common life with the
dissolution and liquidation of the family other
partnership that there are net assets. (5) The spouse granted (3) When the court, being
(De Ansaldo v. Sheriff of Manila, 1937) the power of satisfied that the
Rules on liquidation upon death and administration in the spouse granted the
liquidation of CPG of 2 or more marriage settlements power of
marriages same as in ACP (Art. 103 & has abused that administration in will
104) power not again abuse that
Support to surviving spouse & children power, authorizes the
resumption of said
during liquidation is charged against the administration
fruits or income of their shares in the (6) At the time of the (6) Reconciliation and
properties. (Art. 133) petition, the spouses resumption of common
Personal debt acquired during marriage have been separated life of the spouse who
of either spouse is not chargeable in fact for at least 1 have separated in
against community property (Go v. year and facts for at least 1 year
Yamane, 2006) reconciliation is
highly improbable.
(7) When after voluntary
dissolution of the ACP
or CPG has been
judicially decreed upon
the joint petition of the
spouses, they agree to
the revival of the
former property
regime. No voluntary 4. rights previously acquired by creditors are

separation of property not prejudiced (Art. 140)
may thereafter be 39
granted.

D. Transfer of Administration to the Other
Spouse (Art. 142) (GACA)
B. Rules
When one spouse.
1. Each spouse shall contribute to the family 1. Becomes the guardian of the other.
expenses, in proportion to their income. In 2. Is judicially declared an absentee.
case of insufficiency, the market value of 3. Is sentenced to a penalty which carries with
their separate properties. (Art. 146 par. 1) it civil interdiction.
2. Liability of spouses to the creditors of the 4. Becomes a fugitive from justice or is in
family shall be SOLIDARY. (Art. 146, par. 2) hiding as an accused in a criminal case.
Abandonment is defined as the lack of If the other spouse is not qualified by reason of
intention to return to the conjugal home, incompetence, conflict of interest, or any other
without justifiable cause (Dela Cruz v. Dela just cause, the court shall appoint a suitable
Cruz) person to be the administrator.
C. Effects of separation of property In Re: voluntary dissolution of CPG of spouses

between spouses Bernas, 14 SCRA 237
A voluntary separation of properties is not
1. ACP or CPG is dissolved and liquidated (Art. perfected by mere consent but upon the
137) decree of the court approving the same. The
2. Provisions on complete separation of petition for voluntary separation of property
property applies after dissolution of was denied because the children of the 1
st
ACP/CPG (Art. 138) nd

and 2 marriages were not informed; the
a. Liability spouses to creditors shall be separation of property may prejudice the
solidary with their separate properties rights and shares of the children.
b. mutual obligation to support each
continues except when there is legal Maquilan v. Maquilan, (2007)
separation A compromise agreement with judicial
3. Petition and final judgment of separation of recognition is valid, pending petition for
property must be filed in the appropriate declaration of nullity of marriage.
registries (Art. 139)
VI. Property regime of unions without marriage

(asked in 79, 87, 98, 00 and 09 bar exams)
Art. 147 Art. 148
When a man and a woman who are capacitated to marry each other, live In cases of cohabitation not falling under the preceding
exclusively with each other as husband and wife without the benefit of
marriage or under a void marriage, their wages and salaries shall be
Article, only the properties acquired by both of the parties
owned by them in equal shares and the property acquired by both of through their actual joint contribution of money, property,
them through their work or industry shall be governed by the rules on co- or industry shall be owned by them in common in
ownership. proportion to their respective contributions. In the
In the absence of proof to the contrary, properties acquired while they absence of proof to the contrary, their contributions and
lived together shall be presumed to have been obtained by their joint corresponding shares are presumed to be equal. The
efforts, work or industry, and shall be owned by them in equal shares. For same rule and presumption shall apply to joint deposits
purposes of this Article, a party who did not participate in the acquisition
by the other party of any property shall be deemed to have contributed
of money and evidences of credit.
jointly in the acquisition thereof if the former's efforts consisted in the care
and maintenance of the family and of the household. If one of the parties is validly married to another, his or
her share in the co-ownership shall accrue to the
Neither party can encumber or dispose by acts inter vivos of his or her
share in the property acquired during cohabitation and owned in common, absolute community or conjugal partnership existing in
without the consent of the other, until after the termination of their such valid marriage. If the party who acted in bad faith is
cohabitation. not validly married to another, his or her shall be forfeited
When only one of the parties to a void marriage is in good faith, the share
in the manner provided in the last paragraph of the
of the party in bad faith in the co-ownership shall be forfeited in favor of preceding Article.
their common children. In case of default of or waiver by any or all of the
common children or their descendants, each vacant share shall belong to The foregoing rules on forfeiture shall likewise apply
the respective surviving descendants. In the absence of descendants,
such share shall belong to the innocent party. In all cases, the forfeiture even if both parties are in bad faith.
shall take place upon termination of the cohabitation. (144a)
Art.147 Art.148
1. man and woman
1. man and woman
2. living together as husband and wife
2. living together as husband and wife
40
3. with capacity to marry (Art.5 without any
3. NOT capacitated to marry (Art.35(1)

legal impediment)
under 18 years old)
a. at least 18 years old
4. adulterous relationship (e.g.
b. not Art. 37 (incestuous void
Applicability concubinage)
marriage)
5. bigamous/polygamous marriage
c. not Art. 38 (void marriage by reason
(Art.35(4))
of public policy)
6. incestuous marriages under Art.37
d. not bigamous
7. Void marriages by reason of public
4. other void marriages due to absence of
policy under Art.38
formal requisite
Salaries and wages Owned in equal shares Separately owned by parties
Properties acquired
through exclusive Remains exclusive provided there is proof Remains exclusive
funds
Properties acquired
Owned in common in proportion to
by both through Governed by rules on co-ownership
respective contribution
work or industry
Owned in equal shares since it is
presumed to have been acquired through No presumption of joint acquisition. When
Properties acquired joint efforts there is evidence of joint acquisition but
while living if one party did not participate in none as to the extent of actual
together acquisition, presumed to have contributed contribution, there is a presumption of
through care and maintenance of family equal sharing
and household
If one party is validly married to another
When only one of the parties is in good faith,
his/her share in the co-owned properties
the share of the party in bad faith shall be
will accrue to the ACP/CPG of his/her
forfeited:
existing valid marriage
1. In favor of their common children
2. In case of default of or waiver by any or all
If the party who acted in bad faith is not
Forfeiture of the common children or their
validly married to another, his/her share
descendants, each vacant share shall
shall be forfeited in the same manner as
belong to the respective surviving
that provided in Art 147
descendants
3. In the absence of such descendants, such
The same rules on forfeiture shall apply if
share belongs to the innocent party
both parties are in bad faith
Yaptinchay v. Torres, (1969) Joaquino v. Reyes (2004)

Application of Article 148; there was no Prohibitions against donations between
proof of actual contribution, while there was spouses must likewise apply to donations
a subsisting marriage apart from the union between persons living together in illicit
without marriage, therefore, the N. Forbes relations;
house goes to the CPG of subsisting
marriage
Juaniza v. Jose, (1979)

Property acquired by a married party during
cohabitation with another not his spouse
belongs to the CPG of the marriage, and the
other party cannot be held jointly/severally
liable for it
Villanueva v. CA, (2004)

Transfer of certificate and tax declarations
are not sufficient proof of joint contribution.
CIVIL LAW REVIEWER Chapter IX. The FAMILY and the FAMILY HOME
stranger takes the case out of the ambit of

Chapter IX. The Family and the Family FC 151.
Home 41

I. FAMILY II. Family Home
A. FAMILY RELATIONS
B. GENERAL RULE (asked in 94 and 07 bar exam)
C. EXCEPTIONS
II. FAMILY HOME Dwelling place of a person and his family
A. GENERAL RULE
B. EXCEPTIONS Guidelines
C. BENEFICIARIES OF THE FAMILY HOME 1. It is deemed constituted from time of actual
D. REQUISITES FOR CREDITOR TO AVAIL
occupation as a family residence
OF THE RIGHT UNDER ARTICLE 160
2. It must be owned by person constituting it
3. It must be permanent
I. Family 4. Rule applies to valid and voidable and even
(asked in 91 bar exam) to common-law marriages under Arts.147
and 148
Basic social institution which public policy 5. It continues despite death of one or more
cherishes and protects hence, no suit between spouses or unmarried head of family for 10
members of the family shall prosper unless years or as long as there is a minor
compromise between parties has failed. beneficiary (Art.159)
6. Can only constitute one family home
A. Family relations include:
A. General Rule
1. Between husband and wife
2. Between parents and children The family home is exempt from (EFA):
3. Among other ascendants and descendants 1. Execution
4. Among brothers and sisters, full or half 2. Forced sale
blood. 3. Attachment
B. General Rule B. Exceptions in the exemption of the

family home from execution (Art. 156)
For a suit between members of the same family
to prosper, the following are required: 1. Nonpayment of taxes.
1. Earnest efforts towards a compromise have 2. Debts incurred prior to the constitution of the
been made family home.
2. Such efforts have failed 3. Debts secured by mortgages on the
3. Such earnest efforts and the fact of failure premises before or after such constitution.
must be alleged 4. Debts due to laborers, mechanics,
Note: The case will be dismissed if it is shown architects, builders, materialmen and others
that no such efforts were made. who have rendered service or furnished
material for the construction of the building.
C. Exceptions to the general rule
(VJLAFF) C. Beneficiaries of the family home (Art.
154)
1. Civil status of persons,
2. Validity of marriage or a legal separation, 1. Husband and wife, or an unmarried person
3. Any ground for legal separation, who is the head of the family
4. Future support, 2. Parents (may include parent-in-laws),
5. Jurisdiction of courts, ascendants, descendants, brothers and
6. Future legitime sisters (legitimate/illegitimate), who are living
in the family home and who depend on the
Hontiveros v. RTC, (1999) head of the family for support
Whenever a stranger is a party in a case
involving family members, the requisite Requisites to be a beneficiary (RLD)
showing of earnest efforts to compromise is 1. The relationship is within those
no longer mandatory, as such inclusion of a enumerated
2. They live in the family home
CIVIL LAW REVIEWER Chapter IX. The FAMILY and the FAMILY HOME
3. They are dependent for legal support on the Versola v. Mandolaria, (2006)
head of the family The proof that the house is the family home
must be alleged against creditors; Applied 42
Requirements for the sale, alienation, the rule in Art. 160, FC.

donation, assignment, or encumbrance of
the family home Patricio v. Dario III, (2006)
1. the written consent of the person WON the grandson of the deceased is a
constituting it, beneficiary according to Art. 154 FC. The
2. his/her spouse, and beneficiary should satisfy all requisites; he
3. majority of the beneficiaries of legal age must be dependent on the head of the
family.
Note: If there is a conflict, the Court will decide.
Arriola v. Arriola, (2008)
In case of death (ART. 159) This case involves half brothers and a
- The family home shall continue despite the second wife; the family home includes the
death of one or both spouses or of the land it is built on. The rule in Art. 159 of the
unmarried head of the family for a period of FC regarding the 10 year period is applied,
ten years, or as long as there is a minor the parties involved must wait.
beneficiary.
- The heirs cannot partition the home unless
the court finds compelling reasons therefor.
D. Requisites for creditor to avail of the

right under Article 160
Requisites
1. He must be a judgment creditor;
2. His claim is not among those excepted
under Article155, and
3. He has reasonable grounds to believe that
the family home is worth more than the
maximum amount fixed in Article 157
Procedure to avail of right under Article

160
1. The creditor must file a motion in the court
proceeding where he obtained a favorable
for a writ of execution against the family
home.
2. There will be a hearing on the motion where
the creditor must prove that the actual value
of the family home exceeds the maximum
amount fixed by the FC either at the time of
its constitution or as a result of
improvements introduced thereafter its
constitution.
3. If the creditor proves that the actual value
exceeds the maximum amount the court will
order its sale in execution.
4. If the family home is sold for more than the
value allowed, the proceeds shall be applied
as follows:
a. First, the obligation enumerated in
Article 155 must be paid
b. Then the judgment in favor of the
creditor will be paid, plus all the costs of
execution
c. The excess, if any, shall be delivered
CIVIL LAW REVIEWER Chapter X. PATERNITY and FILIATION
b. And under Art. 53 (the second marriage

Chapter X. Paternity and Filiation of a widow or widower who has not
delivered to his or her children by his or 43
I. KINDS OF FILIATION her first marriage the legitime of said

II. IMPUGNING LEGITIMACY children). (SEMPIO-DIY)
III. PROOF OF FILIATION
IV. LEGITIMATION
V. RIGHTS OF LEGITIMATE OR ILLEGITIMATE
De Castro v. Assidao-De Castro, (2008)
CHILDREN Common children born before the
annulment are legitimate, and therefore
entitled to support from each of the spouses.
I. Kinds of Filiation
(Arts. 163, 164, 165 FC)
II. Impugning Legitimacy (Art. 166)
1. Natural
a. Legitimate A. Grounds
b. Illegitimate
Thus the grounds for impugning the legitimacy of
2. Legal Fiction (Adoption)
a child are:
Legitimate Children 1. Physical impossibility for sexual
(asked in 79, 82, 84, 85, 99 and 03 bar intercourse within the first 120 days of the
exams) 300 days which immediately preceded the
Conceived or born during the marriage of child's birth due to:
parents 2. Other biological or scientific reasons,
except Artificial Insemination.
May be thru natural means or by artificial 3. And in case of Artificial Insemination, the
insemination. consent of either parent was vitiated
through fraud, violence, mistake,
1. Natural/Biological intimidation, or undue influence.
Liyao v. Liyao, (2002): A child conceived or
born during a valid marriage is presumed to Macadangdang v. CA, (1980)
belong to that marriage, regardless of the Only a proximate separation between the
existence of extramarital relationships. spouses is not sufficient physical separation
as grounds for impugning legitimacy.
2. Artificial Insemination (Art. 164)
Requisites for children conceived through Andal v. Macaraig, (1951)
artificial insemination to be considered Serious illness of the husband which
legitimate: absolutely prevented him from having sexual
a. Artificial insemination made on wife intercourse with his wife, like if the husband
b. Sperm comes any of the following: was already in comatose or a vegetable, or
Husband sick with syphilis in the tertiary stage so that
Donor copulation was not possible. But
husband and donor tuberculosis, even in its most crucial stage,
c. In case of donor sperm, husband and does not preclude copulation between the
wife must authorize/ratify insemination in sick husband and his wife.
a written instrument
Executed & signed by husband and Jao v. CA, (1987)
wife before the birth of the child. Blood-type matching is an acceptable
Recorded in the civil registry means of impugning legitimacy, covered by
together with the birth certificate of Art. 166(2), under "biological or other
the child. scientific reasons." But this is only
conclusive of the fact of non-paternity.
Illegitimate Children
(asked in 80, 82, 83, 84, 90, 93, 99, 00, 07, B. Action for Impugning Legitimacy (Arts.
08 and 09 bar exams) 170 and 171)
General Rule: Those conceived and born
outside of a valid marriage. The action for impugning the legitimacy of a
Exceptions: child may be brought within 1, 2, or 3 years from
a. Children of marriages void under Art.36 the knowledge of the birth, or the knowledge
(psychological incapacity). of registration of birth.
1. Within 1 year if husband or any heirs Mendoza v. Melia, 17 SCRA 788

reside in the same city or municipality where Baptismal certificates are given probative
the child was born or his birth was recorded. value only for births before 1930. Birth 44
2. Within 2 years if the husband or all heirs certificates must be signed by the parents

live in the Philippines but do not reside in the and sworn for it to be admitted as evidence.
same city or municipality where the child's
birth took place or was recorded Baluyut v. Baluyut, (1990)
3. Within 3 years if the husband or all heirs Unsigned birth certificates are not evidence
live outside the Philippines when the child's of recognized filiation.
birth took place or was recorded in the Acebedo v. Arquero, (2003)
Philippines Baptismal certificates are only conclusive of
the sacrament administered, and cannot be
If the birth of the child has been concealed or used as proof of filiation.
was unknown to the husband, the above periods
shall be counted: Lim v. CA, (1975)
1. from the discovery or knowledge of the Marriage certificates cannot be used as
birth of the child, or proof of filiation.
2. from the discovery or knowledge of its
registration, Jison v. CA, (1998)
3. whichever is earlier. Rule 130, Sec. 40 is limited to objects
commonly known as family possessions
Sayson v. CA reflective of a family's reputation or tradition
Legitimacy can only be attacked directly regarding pedigree like inscriptions on
General Rule: Only the husband can tombstones, monuments, or coffin plates.
impugn the legitimacy of a child. If he does
Eceta v. Eceta (2004)
not bring action within the prescribed
Signature of the father on the birth certificate
periods, he cannot file such action anymore
is considered as an acknowledgement of
thereafter, and this is also true with his heirs.
paternity and mere presentation of a duly
Exception: That the heirs of the husband
authenticated copy of such certificate will
may file the action or continue the same if it
successfully establish filiations.
has already been filed
a. If the husband died before the Heirs of Rodolfo Baas v. Heirs of Bibiano
expiration of the period fixed for bringing Baas, (1985)
his action "Su padre [Your father]" ending in a letter is
b. If he should die after the filing of the only proof of paternal solicitude and not of
complaint without having desisted actual paternity. Signature on a report card
c. If the child was born after the death of under the entry of "Parent/Guardian" is
the husband. likewise inconclusive of open admission.
III. Proof of Filiation (Arts. 172 and 175 De Jesus v. Syquia, (1933)
By "open and continuous possession of the
(1))
status of a legitimate child" is meant the
(asked in 85, 95, 05 and 06 bar exams) enjoyment by the child of the position and
A. Rules privileges usually attached to the status of a
legitimate child, like bearing the paternal
Legitimate or illegitimate children may prove surname, treatment by the parents and
their filiation in the same way and on the same family of the child as legitimate, constant
evidence. attendance to the child's support and
education, and giving the child the
General Rule: They may only prove their status
reputation of being a child of his parents.
using the following pieces of evidence:
1. Their record of birth appearing in the civil registry. Agustin v. CA, (2005)
2. An admission of his filiation (legitimate or DNA evidence can be used as proof of
illegitimate) by his parent or parents in a public
paternity.
document or a private handwritten instrument and
signed by said parent or parents. (SEMPIO-DIY) De Jesus v. Estate of Decedent Juan Gamboa
3. Proof of open and continuous possession of
Dizon (2001)
status as legitimate or illegitimate child
4. Any other means stated by the rules of court or The due recognition of an illegitimate child in
special laws a record of birth, a will, a statement before a
court of record, or in any authentic writing, is
in itself a consummated act of because either or both of them were below

acknowledgement of the child, and no eighteen (18) years of age at the time of
further court action is required. childs conception may be legitimated. 45

Gono-Javier vs. Court of Appeals, (1994) Grounds for impugning legitimation
Mere possession of status as an illegitimate 1. The subsequent marriage of the child's parents is
child does not make a recognized void.
illegitimate child but is only a ground for 2. The child allegedly legitimated is not natural.
bringing an action to compel judicial 3. The child is not really the child of the alleged
recognition by the assumed parent. parents. (SEMPIO-DIY)
Herrera v. Alba, (2005)

In assessing the probative value of DNA V. Rights of Legitimate and Illegitimate
evidence, therefore, courts should consider,
Children (SSS)
among other things, the following data:
a. How the samples were collected, 1. Surname
b. How they were handled, a. Legitimate and legitimated: Surname of
father and mother
c. The possibility of contamination of the
b. Illegitimate: uses surname of mother but the
samples,
fathers surname may be used if father has
d. The procedure followed in analyzing the
explicitly recognized the child as his (RA
samples,
9255, Revilla Law)
e. Whether the proper standards and 2. Succession (asked in 09 bar exams)
procedures were followed in conducting the
a. Legitimate and legitimated: those granted in
tests,
Civil Code
f. and the qualification of the analyst who b. Illegitimate: the share of a legitimate child
conducted the tests.
3. Support
Estate of Rogelio Ong v. Diaz, (2007) a. Legitimate and legitimated: in accordance to
provisions in the family code
DNA evidence can still be used even after
b. Illegitimate: entitle to support but support will
the death of the parent. come from separate properties of parent.
Republic v. Vicencio, (1998)

B. Action for Claiming Filiation (Arts. 173
A legitimate child's use of the father's
and 175 (2)) surname is mandatory.
The child can bring the action during his or
her lifetime and even after the death of the De Asis v. CA, (1999)
parents. The action does not prescribe as Obligation to support a legitimate child
long as he lives. cannot be waived or compromised.
If the child is a minor, or is incapacitated or David v. CA, (1995)
insane, his guardian can bring the action in Parental authority over an illegitimate child
his behalf. belongs to the mother.
IV. Legitimation (Arts. 177 and 182) Tonog v. CA, (2002)

However, this may be temporarily denied to
(asked in 82, 90, 92, 04 08 and 09 bar
the mother by reason of her incapacity.
exams)
Mossesgeld v. CA, (1998)
"Legitimated" children are illegitimate children The father cannot force the use of his
who because of the subsequent marriage of surname without first establishing legitimacy.
their parents are, by legal fiction, considered
legitimate. Under RA 9255, only an acknowledgment
by the father is necessary for the use of the
Requisites for legitimation father's surname.
1. The child was conceived and born outside of
wedlock. Capote v. CA, (2007)
2. General rule: The parents, at the time of the An illegitimate child already given the
child's conception, were not disqualified by any father's surname without the latter's
impediment to marry each other. acknowledgment, must revert to using the
mother's surname.
Exception: RA 9858 - Children born to
parents who were so disqualified only
CIVIL LAW REVIEWER Chapter XI. ADOPTION
d. Has not been convicted of any crime

Chapter XI. Adoption involving moral turpitude
e. Emotionally and psychologically capable 46
I. R.A. 8552 of caring for children

A. WHO MAY ADOPT f. At least sixteen (16) years older than
B. WHO MAY BE ADOPTED
adoptee, except when adopter is
II. ADOPTION PROCEDURE UNDER RA 8552
IRR biological parent of the adoptee or is the
A. PRE-ADOPTION SERVICES spouse of the adoptees parent
B. EFFECTS OF ADOPTION g. In a position to support and care for
C. RESCISSION OF ADOPTION his/her children in keeping with the
D. EFFECTS OF RESCISSION means of the family
E. RECTIFICATION OF SIMULATED BIRTHS
III. R.A. 8043: INTER-COUNTRY ADOPTION ACT 2. Aliens
OF 1995 a. Possession of the same as the
A. WHO MAY ADOPT
qualifications for Filipinos
B. WHO MAY BE ADOPTED
C. WHERE TO FILE APPLICATION
b. His/her country has diplomatic relations
D. DOCUMENTS TO SUPPORT with the Philippines
APPLICATION c. Has been living continuously for 3 years
E. INTER-COUNTRY ADOPTION BOARD (provided that absences not exceeding
F. TRIAL CUSTODY 60 days per 1 year for professional,
business, or emergency reasons are
ADOPTION allowed) in RP prior to the filing of
(Asked in 76, 77, 85, 94, 95, 96, 00, 01, 03, application and maintains such
04, 05, 07, 08 bar exams) residence until the decree is entered
d. Has been certified by his/her diplomatic
LEGITIMATION ADOPTION or consular office or any appropriate
The law merely The law merely government agency that he/she has the
makes legal what creates by legal capacity to adopt in his/her country
exists by nature fiction a e. His/her government allows the adoptee
relation which to enter his/her country as his/her
did not in fact adoptee
exist
f. Has submitted all the necessary
Persons Only natural Generally
affected children applies to clearances and such certifications as
strangers may be required
Procedure Extrajudicial acts of Always by
parents judicial decree **Items numbers c, d and e may be
Who Only by both Husband and waived under the following
applies parents wife adopt circumstances:
jointly with a. Adopter is a former Filipino Citizen who
exceptions th
seeks to adopt a relative within the 4
(RA8552) degree of consanguinity or affinity
Effect Same status and Creates a rel.
b. One who seeks to adopt the legitimate
rights with that of a only between
legitimate child not the child and
or illegitimate child of his/her Filipino
only in relation to the adopting spouse
the legitimizing parents c. One who is married to a Filipino Citizen
parents but also to and seeks to adopt jointly with his/her
th
other relatives spouse a relative within the 4 degree of
consanguinity or affinity of the Filipino
I. RA 8552: Domestic Adoption Act of spouse
1998
3. Guardians
A. Who May Adopt (Sec.7) With respect to theirs ward after the
termination of the guardianship and
1. Filipino Citizens
clearance of his/her accountabilities.
a. Of legal age
b. In possession of full civil capacity and
Husband and wife shall adopt jointly;
legal rights
Except
c. Of good moral character
1. if one spouse seeks to adopt the legitimate
child of the other
2. if one of the spouse seeks to adopt his/her Missing Child in

illegitimate child provided that other spouse Tri-Media
has signified his/her consent (2) Declaration of 47
3. if spouses are legally separated from each Abandonment

(3) Declaration of
other
Availability for
** if spouses jointly adopt, parental authority Adoption
shall be exercised jointly Case Study Report Application for Adoption
Case Study Report
B. Who May Be Adopted (Sec. 8) Matching
Placement
1. Any person below 18 years old who has Supervised Trial Custody
been administratively or judicially declared Home Study Report
available for adoption Recommendation and
2. The legitimate child of one spouse by the Consent
other spouse Petition for Adoption
3. An illegitimate child by a qualified adopter to Adoption Decree
improve the childs status to that of
legitimacy II. Adoption Procedure under RA 8552
4. A person of legal age if, prior to the IRR (Secs. 10-32)
adoption, said person has been consistently (as discussed in Prof. Elizabeth Pangalangans
considered and treated by the adopter(s) as class)
his/her child since minority
5. A child whose previous adoption has been A. Pre-Adoption Services
rescinded The DSWD shall provide for the following
6. A child whose biological or adoptive services:
parent(s) has died, provided that no 1. Counseling services for the biological
proceedings shall be initiated within 6 parents, prospective parents, and
months from the time of death of said prospective adoptee
parent(s) 2. Exhaust all efforts to locate the biological
parents, if unknown
Consent Necessary for Adoption (Sec. 9)
1. The prospective adoptee if 10 years or older
2. The prospective adoptees biological B. Effects of Adoption (Secs. 16-18)
parents, legal guardian or the government
1. Parental Authority
instrumentality or institution that has custody
All legal ties between biological parents and
of the child
adoptee are severed, and the same shall be
3. The prospective adopters legitimate and
vested on the adopter, except if the
adopted children who are ten years or over
biological parent is the spouse of the
and, if any, illegitimate children living with
adopter.
them
4. The spouse, if any, of the person adopting
2. Legitimacy
or to be adopted.
The adoptee shall be considered legitimate
son/daughter of the adopter for all intents
Note: A decree of adoption shall be effective
and purposes and shall be entitled to all the
as of the date the original petition was filed.
rights and obligations provided by law to
It also applies in case the petitioner dies
legitimate children born to them without
before the issuance of the decree of
discrimination of any kind.
adoption to protect the interest of the
adoptee.
3. Succession
Adopter and adoptee shall have reciprocal
Child to be Adopted Adopter
Biological parent signs a Inquiry at DSWD
rights of succession without distinction from
Deed of Voluntary legitimate filiation, in legal and intestate
Commitment (Rescissible succession. If adoptee and his/her biological
within 6 months) parents had left a will, the law on
Voluntary Commitment: Attendance of DSWD testamentary succession shall govern.
Declaration of Availability Adoption Fora and
for Adoption Seminars (include
Involuntary Commitment: counseling)
(1) Announcement of
C. Rescission of Adoption (Sec. 19) rectification exist, and other requirements as

determined by the Department.
Adoption, being in the best interest of the child, 48
shall not be subject to rescission by the Tamargo v. CA (1992)

adopter(s). Where the petition for adoption was granted
after the child had shot and killed a girl, the
Adopted may request for rescission, with the Supreme Court did not consider that
assistance of DSWD, if a minor, or over 18 but retroactive effect may be given to the decree
incapacitated, based on the ff grounds: of adoption so as to impose a liability upon
1. repeated physical and verbal maltreatment the adopting parents accruing at a time
despite having undergone counseling when adopting parents had no actual or
2. attempt on life of adoptee physically custody over the adopted child.
3. sexual assault or violence Retroactive effect may perhaps be given to
4. abandonment or failure to comply with the granting of the petition for adoption
parental obligations where such is essential to permit the accrual
of some benefit or advantage in favor of the
However, the adopter(s) may disinherit the adopted child. In the instant case, however,
adopted based on causes as enumerated in Art. to hold that parental authority had been
919 of the NCC. retroactively lodged in the adopting parents
so as to burden them with liability for a
tortuous act that they could not have
D. Effects of Rescission (Sec. 20)
foreseen and which they could not have
1. The parental authority of the adoptee's prevented would be unfair and
biological parents, if known, OR the legal unconscionable.
custody of the DSWD shall be restored if the
adoptee is still a minor or incapacitated. Lazatin v. Campos, (1979)
2. The reciprocal rights and obligations of the Adoption is a juridical Act, proceeding in
adopters and the adoptee to each other rem. Because it is artificial, the statutory
shall be extinguished. requirements in order to prove it must be
3. The court shall order the Civil Registrar to strictly carried out. Petition must be
cancel the amended certificate of birth of the announced in publications and only those
adoptee and restore his/her original birth proclaimed by the court are valid. Adoption
certificate. is never presumed.
4. Successional rights shall revert to its status
Santos v. Aranzanso, (1966)
prior to adoption, but only as of the date of
Validity of facts behind a final adoption
judgment of judicial rescission. Vested rights
decree cannot be collaterally attacked
acquired prior to judicial rescission shall be
without impinging on that courts jurisdiction.
respected.
DSWD v. Belen, (1997)
E. Rectification of Simulated Births (Sec. Participation of the appropriate government
22) instrumentality in performing the necessary
studies and precautions is important and is
A person who has, prior to the effectivity of this indispensable to assure the childs welfare.
Act, simulated the birth of a child shall not be
punished for such act: Provided, Landingin v. Republic, (2006)
1. That the simulation of birth was made for the Consents for adoption must be written and
best interest of the child and that he/she has notarized.
been consistently considered and treated by
that person as his/her own son/daughter: Sayson v. CA. (1992)
2. That the application for correction of the Adopted children have a right to represent
birth registration and petition for adoption their adopters in successional interests. (I
shall be filed within five (5) years from the dont know the basis for this doctrine but
effectivity of this Act and completed according to SCRA and my notes, the
thereafter: decision in this case was: Although an
3. That such person complies with the adopted child shall be deemed to be a
procedure for Legal Adoption as specified in legitimate child and have the same rights as
this Act, which includes the Child and Home the latter, these rights do not include the
Study Report of DSWD to determine if right of representation. The relationship
alleged conditions in the application for created by the adoption is between only the
adopting parents and the adopted child. It B. Who May Be Adopted (Sec. 8)
does not extend to the blood relatives of
either party.) 1. Only a legally-free child may be the subject 49
of inter-country adoption.

2. A legally-free child is one who has been
voluntarily or involuntarily committed to the
III. RA 8043: Inter-Country Adoption Act DSWD of the Philippines, in accordance with
of 1995 the Child and Youth Welfare Code.
3. No child shall be matched to a foreign
INTER-COUNTRY ADOPTION refers to the adoptive family unless it is satisfactorily
socio-legal process of adopting a Filipino child shown that the child cannot be adopted
by a foreigner or a Filipino citizen permanently locally.
residing abroad where the petition is filed, the 4. In order that such child may be considered
supervised trial custody is undertaken, and the for placement, the following documents must
decree of adoption is issued outside the be submitted to the Board:
Philippines. a. Child study
b. Birth Certificate / Foundling Certificate
c. Deed of Voluntary Commitment/ Decree
A. Who May Adopt (Sec. 9) of Abandonment/ Death Certificate of
Any foreign national or a Filipino citizen parents
permanently residing abroad who has the d. Medical Evaluation / History
qualifications and none of the disqualifications e. Psychological Evaluation, as necessary
under the Act may file an application if he/she: f. Recent photo of the child
1. Is at least 27 years of age and at least 16
years older than the child to be adopted, at C. Where to File Application (Sec.10)
the time of application unless the adopter is
the parent by nature of the child to be Application shall be filed with the Philippine
adopted or the spouse of such parent Regional Trial Court having jurisdiction over the
2. If married, his/her spouse must jointly file for child, or with the Inter-Country Adoption Board,
the adoption through an intermediate agency, whether
3. Has the capacity to act and assume all governmental or an authorized and accredited
rights and responsibilities of parental agency, in the country of the prospective
authority under his national laws, and has adoptive parents.
undergone the appropriate counseling from
an accredited counselor in his/her country
D. Application Should Be Supported By
4. Has not been convicted of a crime involving
The Following Documents Written And
moral turpitude
5. Is eligible to adopt under his/her national law Officially Translated In English (Sec.
6. Is in a position to provide the proper care 10)
and support and to give the necessary moral 1. Birth Certificate of applicants
values and example to all his children, 2. Marriage Contract and Divorce decree, if
including the child to be adopted applicable
7. Agrees to uphold the basic rights of the child 3. Written consent of their biological or
as embodied under Philippine laws, the U.N. adoptive children above 10 years of age in
Convention on the Rights of the Child, and the form of sworn statement,
to abide by the rules and regulations issued 4. Physical, medical and psychological
to implement the provisions of this Act evaluation by a duly licensed physician and
8. Comes from a country with whom the psychologist
Philippines has diplomatic relations and 5. Income Tax Returns or any document
whose government maintains a similarly showing the financial capability of the
authorized and accredited agency and that applicant
adoption is allowed under his/her national 6. Police Clearance
laws 7. Character reference from the local
church/minister, applicants employer and a
member of the immediate community who
have known the applicant for at least 5 years
8. Recent postcard-sized pictures of the
applicant and his immediate family
E. Inter-Country Adoption Board

1. as the central authority in matters relating to 50
inter-country adoption

2. Ensures that all possibilities for adoption of
the child under the Family Code have been
exhausted and that inter-country adoption is
in the best interest of the child
F. Trial Custody (Sec. 14)

1. The governmental agency or the authorized
and accredited agency in the country of the
adoptive parents shall be responsible for the
trial custody and the care of the child. It shall
also provide for counseling and other related
services.
2. The trial custody shall be for a period of 6
months from the time of placement.
3. It starts upon actual physical transfer of the
child to the applicant who, as actual
custodian, shall exercise substitute parental
authority over the person of the child
4. The adopting parents shall submit to the
governmental agency or the authorized and
accredited agency, which shall in turn
transmit a copy to the Board, a progress
report of the child's adjustment. The
progress report shall be taken into
consideration in deciding whether or not to
issue the decree of adoption.
CIVIL LAW REVIEWER Chapter XII. SUPPORT
Refusal to support children or descendants

Chapter XII. Support without justifiable cause is a sufficient
(asked in 84, 85, 05, 08 bar exams) condition for the disinheritance of parents or 51
ascendants, whether legitimate or

I. GENERAL PROVISIONS illegitimate (Art. 920, CC).
A. KINDS
B. CHARACTERISTICS
C. HOW SUPPORT IS GIVEN Unjustified refusal to support ones children
II. WHO ARE OBLIGED TO SUPPORT EACH or spouse is a sufficient cause for
OTHER disinheriting a spouse (Art. 921, CC).
III. PROPERTIES ANSWERABLE FOR SUPPORT
IV. ORDER OF SUPPORT Spouses are jointly responsible for the
A. IF THERE ARE MULTIPLE OBLIGORS family's support. Support expenses shall be
B. IF THERE ARE MULTIPLE RECIPIENTS paid from the CP, or in absence thereof, the
income/fruits of their separate properties, or
I. Support in insufficiency/absence of such, from the
Consists of everything indispensable for separate properties (Art. 70).
sustenance, dwelling, clothing, medical ___________
attendance, education and transportation, in
keeping with the financial capacity of the A. Kinds of Support
family (Art. 194).
1. Legal that which is required to be given by
The right and duty to support, especially the law
right to education, subsists even beyond the 2. Judicial that which is required to be given
age of majority (Art. 194). by court order whether pendente lite or in a
final judgment
The amount of support is in proportion to the 3. Voluntary or Conventional by agreement
means of the provider and the needs of the
receiver, and can be reduced or increased if B. Characteristics of Support (PREVIEW)
such circumstances change (Arts. 201 -
202). 1. Personal
2. Intransmissible
The obligation to give support shall be 3. Not subject to waiver or compensation with
DEMANDABLE from the time the person regard to future support
who has a right to receive the same needs it 4. Exempt from attachment or execution,
for maintenance, but it shall not be except if support is contractual or given by
PAYABLE except from the date of judicial or will. In such cases, any excess legal support
extra-judicial demand (Art. 203). can be subject to levy on attachment or
execution.
When, WITHOUT THE KNOWLEDGE of the 5. Reciprocal on the part of those who are by
person obliged to give support, it is given by law bound to support each other
a stranger, the stranger has the right to 6. Variable
claim the same from the person obliged,
unless it appears that he gave it without C. How Support is Given (Art. 204)
intention of being reimbursed (Art. 206).
1. Payment of the amount;
When the person obliged to give support 2. Accepting the recipient in the home of the
UNJUSTLY REFUSES OR FAILS to give provider, unless there is a legal or moral
support when urgently needed, any third obstacle from doing so.
person may furnish support to the needy
individual, with right of reimbursement from
the person obliged to give support. This II. Who are Obliged to Support Each
particularly applies when the father or Other (Art. 195)
mother of a minor child unjustly refuses to
support or fails to give support to the child
1. Spouses;
when urgently needed (Art. 207).
2. Legitimate ascendants and descendants;
3. Parents and their children (legitimate and
Future support cannot be the subject matter
illegitimate) and the children of the latter
of a compromise; such are void (Art. 2035,
(legitimate and illegitimate);
CC).
CIVIL LAW REVIEWER Chapter XII. SUPPORT
4. Legitimate brothers and sisters, whether of B. Order of priority if there are multiple
full or half-blood; recipients (Sempio-Diy)
5. Illegitimate brothers and sisters, EXCEPT 52
when the need for support of one (of age) is 1. Observe order in Article 199 (SDAB);

due to a cause imputable to his/her fault or 2. But if the concurrent obligees are the
negligence (Art. 196). spouse and a child subject to parental
authority, the child shall be preferred.
[NOTE: Both legitimate and illegitimate children
are entitled to support.] [NOTE: Tolentino says that the above
preference given to a child under parental
authority over the spouse should prevail only if
the person obliged to support pays it out of his
III. Properties Answerable for Support own separate property. So if the support comes
(Art. 197-198) from ACP or CPG, the above rule of preference
for the child does not apply.]
1. From the separate property of the obligor. If
no separate property, the ACP/CPG (if Pelayo v. Lauron, (1909)
financially capable) shall advance the Even if the parents-in-law were the ones
support, to be deducted from the obligors who called for the physicians services for
share upon liquidation of such regime. the childbirth of their daughter-in-law, it is
2. Pending legal separation or annulment, the womans husband who is bound to pay
support (pendente lite) for spouses and the fees due to the physician.
children will come from the ACP/CPG. After
final judgment granting the petition, mutual Lacson v. Lacson, (1968)
support obligation between spouses ceases. Man is still liable for support in arrears since
(But in legal separation court may order the mother advanced it from a stranger (the
guilty spouse to give support to innocent uncle of the daughters).
spouse.)
Lacson v. Lacson, (2006)
[NOTE: De facto separation does not affect the Acknowledgment of and commitment to
ACP, except that the spouse who leaves the comply with support obligation through a
conjugal home without just cause shall not be note in his own handwriting is proof that a
entitled to support (Art. 100).] demand was made.
IV. Order of Support (SDAB)

A. Order of support if there are multiple
obligors (2 or more; Art. 199)
1. Spouses
2. Descendants, nearest in degree
3. Ascendants, nearest in degree
4. Brothers and Sisters
When two or more are obliged to give

support, the payment shall be divided
between them IN PROPORTION to their
resources;
Also, in case of URGENT NEED and by
special circumstances, judge may order only
one obligor to furnish support without
prejudice to reimbursement from other
obligors of the share due from them (Art.
200).
CIVIL LAW REVIEWER Chapter XIII. PARENTAL AUTHORITY
4. It is purely personal and cannot be

Chapter XIII. Parental Authority exercised through agents
5. It is temporary 53
I. PARENTAL AUTHORITY GENERAL ________________

PROVISIONS
A. CUSTODY A. Custody
B. OTHER RIGHTS AND DUTIES IN
EXERCISE OF PARENTAL AUTHORITY Parental Preference Rule
II. SUBSTITUTE AND SPECIAL PARENTAL The natural parents, who are of good character
AUTHORITY and who can reasonably provide for the child,
III. SUSPENSION OR TERMINATION OF are ordinarily entitled to custody as against all
PARENTAL AUTHORITY persons (Santos v CA, 1995).
IV. RIGHTS AND DUTIES OF CHILDREN
Who exercises authority in cases of death,
I. Parental Authority absence, remarriage, or separation of
(asked in 94, 03 and 05 bar exams) parents
In case one parent is absent or already
(patria potestas): dead, the present or surviving parent (Art.
Its the mass of rights and obligations which 212 FC)
parents have in relation to the person and Remarriage shall not affect the parental
property of their children until their emancipation, authority over the children (Art. 212 FC)
and even after this under certain circumstances In case of a void/annulled marriage, and
(Manresa). there is no agreement bet. spouses, the
parent designated by the court (Art. 43 FC
Parental authority includes (Art. 209 FC): par 1; Art. 49 FC).
1. The caring for and rearing of children for Innocent spouse gets custody of minor
civic consciousness and efficiency; children in legal separation (Art. 63 FC par
2. The development of the moral, mental and 3).
physical character and well-being of said The court shall take into account all relevant
children considerations, especially the choice of the
child over seven years of age, unless the
Rules as to the exercise of parental parent chosen is unfit (Art. 213 FC par 1).
authority:
1. The father and the mother shall jointly Tender Years Presumption
exercise parental authority over the persons NO child under 7 years of age shall be
of their common children. In case of separated from the mother, unless the court
disagreement, the father's decision shall finds compelling reasons to order otherwise.
prevail, unless there is a judicial order to the (Art. 213 FC par 2; Gamboa v. CA, 2007)
contrary (Art. 211 FC) Examples of compelling reasons are:
2. If the child is illegitimate, parental authority When the mother is insane;
is with the mother (Art.176 FC; see also with a communicable disease that might
Chapter 10). endanger the life or health of the child;
is maltreating the child; or
Cases when parental authority and has another child by another man who lives
responsibility may be transferred or with her. (Cervantes v. Fajardo, 1989)
renounced: [NOTE: Prostitution or infidelity to husband does
Adoption; not make a mother unfit as parent.]
Guardianship; or
Commitment of the child in an entity or B. Other Rights and Duties in Exercise of
institution engaged in child care or in a Parental Authority
childrens home
Rights of Parents upon their children
Characteristics of parental authority: To have them in their custody (Art. 220 FC
1. It is a natural right and duty of the parents par 1)
(Art. 209 FC) To represent them in all matters affecting
2. It cannot be renounced, transferred or their interests (Art. 200 FC par 6)
waived, except in cases authorized by law Demand respect and obedience and impose
(Art 210 FC) discipline on them (Art. 200 FC par 7&8; see
3. It is jointly exercised by the father and the also People v Silvano, 1999)
mother (Art. 211 FC)
Administer the property of a child for her/his 3. Childs actual custodian, over 21 years old,
support and education, unless title/transfer unless unfit or unqualified (Art. 216 FC par
provides otherwise (Art. 226 FC par 1) 3) 54
Administer the fruits and income (ONLY) of

the childrens property primarily to support [NOTE: The same order applies to the
the child and secondarily to use for the daily appointment of judicial guardian]
needs of the family (Art. 226 FC par 2)
To give or withhold consent on marriage, Special parental authority exercised by (Art.
pre-nuptial, donation propter nuptias, 218 FC)
adoption, and employment 1. School, its administrators and teachers, or
To disinherit them for just cause 2. The individual, entity or institution engaged
in child care.
Duties of Parents upon their children
Support and upbringing in accordance to Substitute Special Parental Authority
their means (Art. 220 par 1) Parental
Educate, instruct, and provide them with Authority
moral and spiritual guidance, and love and It is exercised in It is exercised concurrently with the
understanding (Art. 220 par 3 case of death, parental authority of the parents
absence, or in and rests on the theory that while
Defend them against unlawful aggression case of the child is in the custody of the
Answer for damages caused by their fault or unsuitability of person exercising special parental
negligence, and for civil liability for crimes parents. authority, the parents temporarily
committed by them (Art. 221 FC) relinquish parental authority over
Give their lawful inheritance the child to the latter.
Liability of parents for torts committed by St. Marys Academy v. Carpitanos, (2002)
their minor children (Art. 221 FC; Art. 2180 The special parental authority and
CC) responsibility applies to all authorized
Parents and other persons exercising activities, whether inside or outside the
parental authority are civilly liable for the premises of the school, entity or institution.
torts of their unemancipated children:
Provided they are living in their Liability of those exercising special parental
company, and authority over the child (Art. 219 FC)
Subject to the appropriate defenses 1. They are principally and solidarily liable
provided by law, like observing the for damages caused by the acts or missions
diligence of a good father of a family to of the minor child while under their
prevent the damage (Libi v. IAC, 1992) supervision, instruction or custody.
If the minor child is, therefore, not living with HOWEVER, this liability is subject to the
the parents but has been entrusted to the defense that the person exercising parental
care of other persons, or is an intern in authority exercised proper diligence.
school, the liability does not apply. 2. The parents and judicial guardians of the
This liability of the parents and those minor or those exercising substitute parental
exercising parental authority over the child is authority over the minor are subsidiarily
solidary and primary and direct, not liable for said acts and omissions of the
subsidiary minor.
Effects of Parental Authority Upon the

II. Substitute and Special Parental Property of the Child (Art. 225 FC)
Authority The Father and Mother shall jointly exercise
legal guardianship over the property of the
(Asked in 2003 bar exam) minor child without court appointment
In case of disagreement, the fathers
Substitute parental authority exercised by (in decision shall prevail, unless there is judicial
order): order to the contrary
1. The surviving grandparent (Art. 214 FC) If the market value of the property or the
2. Oldest brother or sister, over 21 years old, annual income of the child exceeds
unless unfit or unqualified (Art. 216 FC par P50,000, the parent is required to furnish a
2). bond of not less than 10% of the value of the
childs property or income
III. Suspension or Termination of right to grow up as a free individual

Parental Authority
55
Duties of Children:

Grounds for Suspension of Parental Art. 357, NCC
Authority (CLEBC; Art. 230-31 FC) obey and honor his parents or guardian
1. Conviction of parent for crime punished w/ respect old relatives and persons holding
civil interdiction substitute parental authority
2. Treats child with excessive harassment and exert his utmost for his education and
cruelty training
3. Gives corrupting orders, counsel or example cooperate with the family in matters for his
4. Compels child to beg own good
5. Subjects or allows acts of lasciviousness
Art. 4, PD603
Parental Authority Permanently Terminates strive to live an upright and virtuous life
(Art. 228 FC) love, obey, respect his parents and
1. Upon death of parents cooperate with them in strengthening the
2. Upon death of child family
3. Upon emancipation of child extend his love to his brothers and sisters
4. If the parents exercising parental authority exert his utmost to develop his potentials
has subjected the child or allowed him to be
subjected to sexual abuse (Art. 232 FC)
Termination of parental authority which can

be revived by final judgment (Art. 229 FC)
1. Upon adoption of the child;
2. Upon the appointment of a general guardian
for the child;
3. Upon judicial declaration
IV. Rights and Duties of Children
Art. 356, NCC

parental care
receive at least elementary education
be given moral and civil training by parents
or guardian
live in an atmosphere conducive to his
physical, moral, and intellectual
development
Art. 3, PD603
to be born well
right to a wholesome family life
right to a well-rounded development
right to a balanced diet, adequate clothing,
shelter, proper medical attention, and all
basic physical requirements of a healthy life
raised in an atmosphere of morality and
rectitude
education commensurate to his abilities
full opportunities for a safe and wholesome
recreation
protection against exploitation and other bad
influences
right to the care, assistance and protection
of the State
right to an efficient and honest government
CIVIL LAW REVIEWER Chapter XIV. FUNERALS
Guidelines in making funeral arrangements

Chapter XIV. Funerals The persons who preferred in the right to
make funeral arrangements may waive the 56
I. General Guidelines right expressly or impliedly in which case the

right and duty immediately descend to the
Art. 305, Civil Code. The duty and the right to make
person next in the order
arrangements for the funeral of a relative shall be in It must be in keeping with the social position
accordance with the order established for support, of the deceased.
under Article 294. In case of descendants of the same Law shall prevail over the will of the persons
degree, or of brothers and sisters, the oldest shall be who have the right to control the burial of
preferred. In case of ascendants, the paternal shall deceased exhumation, evidential purpose,
have a better right. disposition of corpse by deceased,
mutilation of corpses and autopsies.
Art. 306, Civil Code. Every funeral shall be in
Corpses which are to be buried at public
keeping with the social position of the deceased.
expenses may also be used for scientific
Art. 307, Civil Code. The funeral shall be in purposes under certain conditions.
accordance with the expressed wishes of the Expressed wishes of the deceased is given
deceased. In the absence of such expression, his priority provided that it is not contrary to law
religious beliefs or affiliation shall determine the and must not violate the legal and
funeral rites. In case of doubt, the form of the funeral reglamentary provisions concerning funerals
shall be decided upon by the person obliged to make and disposition of the remains (time,
arrangements for the same, after consulting the other manner, place or ceremony)
members of the family. In the absence of expressed wishes, his
Art. 308, Civil Code. No human remains shall be
religious beliefs or affiliation shall determine
retained, interred, disposed of or exhumed without the the funeral rights.
consent of the persons mentioned in articles 294 and In case of doubt, the persons in Art. 199
305. shall decide.
Any person who disrespects the dead or
Art. 309, Civil Code. Any person who shows interferes with the funeral shall be liable for
disrespect to the dead, or wrongfully interferes with a material and moral damages.
funeral shall be liable to the family of the deceased for
damages, material and moral.
Art. 310, Civil Code. The construction of a tombstone

or mausoleum shall be deemed a part of the funeral
expenses, and shall be chargeable to the conjugal
partnership property, if the deceased is one of the
spouses.
Duty and Right to make funeral

arrangements (in relation to Art. 199 FC)
1. Spouse
2. Descendants in nearest degree
3. Ascendants in nearest degree
4. Brothers and sisters
5. Municipal authorities if there are no
persons who are bound to support or if such
persons are without means
- end of Persons and Family Relations -

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CIVIL LAW REVIEWER

PERSONS & FAMILY RELATIONS

Chapter I. Civil Personality..............................3 III. Absolute Community of Property ........ 31

Chapter VIII. Property Relations Between

Chapter I. Concept of Succession................59 Chapter V. Partition and Distribution of

Chapter III. Intestate Succession..................74

Chapter IV. Provisions Common to

Chapter I. General Provisions.......................91

Chapter II. Nature and Effect of Obligations93

Chapter III. Different Kinds of Obligations ..98

Chapter IV. Extinguishment of Obligations

Charts: Payment & Performance ................114

Chapter I. General Provisions.....................122

Chapter II. Essential Requisites .................125

Chapter III. Forms of Contracts ..................129

Chapter IV. Reformation of Contracts........130

Chapter V. Interpretation of Contracts.......130

Chapter VI. Defective Contracts .................131

Chapter I. Definition and Classification of Chapter VII. Usufruct ................................... 181

LAND TITLES and DEEDS

Chapter I: Background, Basic Concepts and Chapter 6: System of Registration of

Chapter I. The Contract of Sale ..................269

Chapter II. Obligations of the Seller and

Chapter III. Double Sales .............................286

Chapter IV. Risk of Loss..............................288

Chapter V. Documents of Title....................289

Chapter VI. Remedies of the Seller and Buyer

Chapter VII. Extinguishment of Sale ..........298

Chapter VIII. Philippine Bulk Sales Law (Act

Chapter I. General Principles ......................307 Chapter VIII. Concurrence and Preference of

Chapter III. Deposit ......................................314

Chapter IV. Guaranty ...................................319

Chapter V. Legal and Judicial Bonds.........326

Chapter VI. Suretyship.................................327

Chapter VII. Pledge, Mortgage, Antichresis

Chapter I. Nature, Form, and Kinds of Agency

Chapter II. Obligations of the Agent...........348

Chapter III. Liabilities of the Agent .............352

Chapter IV. Obligations of the Principal ...354

Chapter V. Extinguishment of Agency......357

Chapter I. Nature, Creation, Kinds of III. Right to Lien or Retention, to Stand in

Chapter III. Obligations of the

Chapter IV. Rights of Partners ...................371

Chapter V. Rights of the Partnership ........374

Chapter VI. Dissolution and Winding Up ..375

Chapter VII. Rights of Partners Upon

TORTS & DAMAGES

Chapter I. Introduction, Definitions............388

Chapter II. Concept of Quasi-Delict............390

Chapter III. Negligence ................................392

Chapter IV. Causation..................................396

Chapter V. Persons Liable...........................399

Chapter VI. Tortious Interference With

Chapter VII. Torts with Independent Civil

Chapter VIII. Human Relations Provisions 413

Chapter IX. Damages ...................................415

PRIVATE INTERNATIONAL LAW

Chapter I. Introduction.................................427 Chapter XI. Property .................................... 447

Chapter V. Renvoi ........................................434 Chapter XIII. Succession ............................. 451

PERSONS & FAMILY RELATIONS 2

PERSONS & FAMILY RELATIONS

Chapter VIII. Property Relations Between

PERSONS & FAMILY RELATIONS TEAM

PERSONS & FAMILY RELATIONS