San Beda College of Law
Persons and Family Relations
EFFECT AND APPLICATION OF LAWS
The Civil Code took effect on August 30, 1950.
EFFECTIVITY OF LAWS (Art. 2)
General Rule: Laws take effect after 15 days
following the completion of its publication in
the Official Gazette or in a newspaper of
general circulation (EO No. 200).
The law shall take effect on the 16th day
because in counting the period, the first
day is excluded and the last day included
(Art. 13, NCC).
No one shall be charged with notice of the
statutes provision until publication is
completed and the 15 day period has
expired.
Exception: Unless otherwise provided by the
law (EO No. 200).
The exception refers to the 15-day
period only and not the requirement of
publication.
Publication is indispensable, absence
of which will not render the law effective
(Taada vs. Tuvera GR No. L-63915,
December 29, 1986)
Rules on Period Provided by Statute
1. Shorter/longer period than the 15-day -
such period as provided in the statute shall
prevail.
2. Takes effect immediately - it shall take
effect immediately after publication with
the 15-day period being dispensed with
(Taada vs. Tuvera G.R. No. L-63915,
December 29, 1986).
3. No provision as to its effectivity - it
takes effect 15 days following its
publication.
3
Coverage (PLAC E)
1. Presidential Decrees
2. Laws which refer to all statutes, including
local and private laws
3. Administrative Rules and Regulations
where purpose is to enforce/implement
existing law pursuant to a valid delegation
4. Charter of a City
5. Circulars issued by the Monetary Board
where purpose is not merely to interpret
but to fill in the details of the Central Bank
Act
6. Circulars and Regulations which prescribe
a penalty for its violation (People vs. Que
Po Lay, G.R. No. L-6791, March 29, 1954)
7. Executive Orders (Taada vs. Tuvera G.R.
No. L-63915, December 29, 1986).
Publication not Required (I L)
1. Interpretative regulations and those
internal in nature, regulating only the
personnel of the administrative agency.
2. Letters of Instructions issued by
administrative superiors on
rules/guidelines to be followed by
subordinates in the performance of their
duties (Taada vs. Tuvera, ibid).
Note: Date of effectivity of Municipal
Ordinances is NOT covered by this rule but by
the Local Government Code. (Taada vs.
Tuvera, supra).
IGNORANCE OF THE LAW EXCUSES
NO ONE (Art. 3)
Conclusive Presumption every person is
presumed to know the law even if they have
no actual knowledge of the law.
Applies only to mandatory and prohibitory
laws.
Does not apply to foreign laws because
there is no judicial notice of such foreign
laws; it must be proved like any other
matter of fact (Ching Huat vs. Co Heong
L-1211, January 30, 1947).
Note: Mistakes in the application or
interpretation of difficult or doubtful provisions
of law may be the basis of good faith and has
been given the same effect as a mistake of
fact, which may excuse one from the legal
consequences of his conduct (Art. 526, 2155,
NCC).
NON RETROACTIVITY OF LAWS
(Art. 4)
General Rule: No retroactive effect.
Exceptions: (P2UT NICE)
1. Tax laws when expressly declared or is
clearly the legislative intent (Cebu Portland
Cement vs. Coll. G.R. No. 18649,
February 27, 1965)
2. Interpretative statutes
3. Procedural or Remedial
4. Curative or Remedial statutes
5. Emergency laws
6. Laws creating new rights (Bona vs.
Briones G.R. No. L-10806, July 6, 1918;
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 San Beda College of Law
2010 Centralized Bar Operation
Bustamante et al. vs. Cayas, G.R. Nos. L-
8562-8563, December 17, 1955)
7. Unless the law otherwise provides
8. Penal laws favorable to the accused.
Exceptions to the Exception: (EI)
1. Ex Post Facto Laws
2. Laws that impair obligation of contracts
(Asiatic Petroleum vs. Llanes, G.R. No. L-
25386, October 20, 1926)
ACTS CONTRARY TO LAW (Art. 5)
General Rule: Acts contrary to mandatory or
prohibitory laws are VOID.
Exceptions: (PAVE)
1. The law makes the act valid but
punishes the violator (ex. Marriage
solemnized by a person without legal
authority)
2. The law itself authorizes its validity
(ex. Lotto, sweepstakes)
3. The law makes the act only voidable
(ex. Voidable contracts where consent is
vitiated)
4. The law declares the nullity of an act
but recognizes its effects as legally
existing (ex. Child born before annulment
of marriage is considered legitimate)
WAIVER OF RIGHTS (Art. 6)
General Rule: Rights can be waived.
Requisites for a valid waiver: (CUECF)
1. Full capacity to make the waiver.
2. Waiver must be unequivocal
3. Right must exist at the time of the
waiver
4. It must not be contrary to law, public
policy, morals or good customs or
prejudicial to a third person with a right
recognized by law.
5. When formalities are required, the
same must be complied with.
Exceptions: (CPEN)
1. Waiver is contrary to law, public order,
public policy, morals or good customs;
2. If the waiver is prejudicial to a third
party with a right recognized by law.
3. Alleged rights which really do not yet
exist, as in the case of future inheritance
4. If the right is a natural right, such as
right to be supported.
3
JUDICIAL DECISIONS FORM PART OF THE
LEGAL SYSTEM or DOCTRINE OF STARE
DECISIS (Art. 8)
DOCTRINE OF STARE DECISIS enjoins
adherence to judicial precedents and is based
on the principle that once a question of law
has been examined and decided, it should be
deemed settled and closed to further
argument.
Judicial decisions, although in themselves not
laws, assume the same authority as the
statute itself (People vs. Licera G.R. No. L-
39990, July 2, 1975).
No publication required, binding on parties
after the lapse of appeal period, and will
bind all future cases with identical facts,
until reversed by SC.
They are part of the law as of the date of the
enactment of said law because the Supreme
Courts interpretation merely establishes the
contemporaneous legislative intent that the
construed law purports to carry into effect
(People v. Licera G.R. No. L-39990, July 2,
1975).
HOWEVER, when a doctrine is overruled and
a different view is adopted, the new doctrine
should be applied prospectively and should
not prejudice parties who relied on the old
doctrine (People v. Jabinal G.R. No. L-30061,
February 27, 1974).
CUSTOMS
(Arts. 11 and12)
Rules of conduct formed by repetition of acts
uniformly observed as a social rule. They are
legally binding and obligatory.
General Rule: Customs must be proved as a
fact according to the rules of evidence.
Exception: A court may take judicial notice of
a custom if there is already a decision
rendered by the same court recognizing the
custom.
Requisites to Make a Custom an Obligatory
Rule: (P2TO)
1. Plurality or repetition of acts;
2. Practiced by the great mass of the
social group;
3. Continued practice for a long period of
time;
4. The community accepts it as a proper
way of acting, such that it is considered as
obligatory upon all.
 San Beda College of Law

Persons and Family Relations

succeed governed by the national law of
RULE ON PERIODS decedent. (Article 16 (2))

4. Laws on forms and solemnities

Lex Loci Celebrationis: Forms and
1. Years - 365 days, unless year is solemnities of contracts, wills, and other
identified public instruments (extrinsic validity) shall
2. Months - 30 days, unless month be governed by the laws of the country in
identified which they are executed. (Article 17)
3. Days 24 hours
4. Nights-sunset to sunrise Exceptions:
5. Calendar week Sunday to Saturday a. Marriage between Filipinos
6. Week Count 7 days as indicated, not solemnized abroad shall be void
necessarily Sunday to Saturday though valid abroad when void under
Philippine laws. (Article 26(1) FC)
To count the period, first day is excluded, b. Intrinsic Validity of Contracts: Validity
last day is included. is determined by the following rules:
i. The law stipulated by the parties
Exception: Rule does NOT apply to shall be applied;
computation of age; each year is counted
based on birth anniversary.
ii. In default thereof, and the parties
Policy if the Last Day is a Sunday or a
are of the same nationality, their
Legal Holiday:
national law shall be applied;
1. If the act to be performed within the period
iii. If the parties are not of the same
is prescribed or allowed (1) by the Rules of
nationalities, the law of the place
Court, (2) by an order of the court, or (3)
of the perfection of the obligation
by any other applicable statute, the last
shall govern its fulfillment;
day will automatically be considered the
iv. If the above places are not
next working day.
specified and they cannot be
2. If the act to be performed within the period
deduced from the nature and
arises from a contractual relationship, the
circumstances of the obligation,
act will become due despite the fact that
then the law of the passive subject
the last day falls on a Sunday or Holiday.
shall apply.
Applicable Laws Lex Lex Rei Sitae Lex Loci
1. Penal Laws and laws of public security Nationalii Celebrationis
(Article 14) Art. 15, CC Art. 16, CC Art. 17, CC
Territoriality rule governs regardless of the Citizenship Law of the Law of the place
nationality but subject to principles of is the basis place where where the contract
international law and to treaty stipulations. for the property is was executed is
2. Laws relating to family rights and determining situated is the the basis for
duties, or to status, condition and legal the basis for determining law
capacity of persons. personal determining applicable
Nationality rule applies regardless of their law law applicable
applicable
place of residence.
Covers Covers both Covers only the
family rights real and forms and
Exception: Divorce validly obtained and duties, personal solemnities
abroad by alien spouse capacitating him status, property (extrinsic validity)
or her to remarry, the Filipino spouse shall condition
have capacity to remarry under Philippine and legal
law. (Article 26 (2) Family Code) capacity of
persons.
3. Laws on property (real and personal) Exception: Exceptions: Exceptions:
Art. 26, par. (CIAO) 1. Art. 26,
Lex Rei SItae: The law of the country
2 of Family Capa par. 1 of Family
where the property is situated shall govern Code Code
city to
property transactions. (Article 16 (1)) succeed 2. Intrinsic
Intrins validity of
Exception: Order and amount of ic validity of contracts
successional rights, intrinsic validity of the will
testamentary provisions, and capacity to Amou

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 San Beda College of Law
2010 Centralized Bar Operation
nt of
successional
rights
Order
of
succession
Rules on Personal Law: Domiciliary Rule and
Nationality Rule Distinguished
Domiciliary Rule Nationality Rule
Basis for determining Basis for determining
personal law of an personal law is his
individual is his CITIZENSHIP
DOMICILE
5. Renvoi Doctrine: Occurs when a citizen
of another country dies as a domiciliary of
another country. Where the conflict rules
of the forum refer to a foreign law, and the
latter refers it back to the internal law, the
law of the forum shall apply.
Transmission Theory: If the foreign law
refers it to a third country, the said
countrys law shall govern.
6. Doctrine of Processual Presumption
The foreign law, whenever applicable,
should be proved by the proponent
thereof; otherwise, such law shall be
presumed to be exactly the same as the
law of the forum.
Rule on Prohibitive Laws
General Rule: Prohibitive laws concerning
persons, their acts or property, and laws which
have for their object public order, public policy
or good customs are NOT rendered ineffective
by laws, or judgments promulgated or by
determinations or conventions agreed upon in
foreign country. (Art. 17(3))
Exception: Art. 26, par. 2 Family Code (ex.
Divorce Law)
HUMAN RELATIONS
ABUSE OF RIGHT (Art. 19)
Elements: (LEP)
1. Existence of a legal right or duty;
2. Which is exercised in bad faith;
3. For the sole intent of prejudicing or injuring
another.
Doctine of Violenti Non Fit Injuria (to which
a person assents is not esteemed in law as
injury) refers to self-inflicted injuries or to the
consent to injury which precludes the recovery
of damages by one who has knowingly and
5
voluntarily exposed himself to danger, even if
he is not negligent in doing so (Nikko Hotel
Manila Garden, et all vs. Roberto Reyes
(Amay Bisaya) G.R. No. 154259, Feb. 28,
2005).
Damnum Absque Injuria (damage without
injury) A person who exercises his legal right
does no injury. HOWEVER, it cannot be said
that a person exercises a right when he
unnecessarily prejudices another or offends
morals or good customs.
When damages result from a persons
exercise of rights, it is damnum absque
injuria (ABS-CBN v. Republic
Broadcasting Corp. G.R. No. 128690,
January 21, 1999).
ACTS CONTRARY TO LAW (Art. 20)
Every person who is criminally liable shall also
be civilly liable, whether the act is intentional
or unintentional.
ACTS CONTRA BONUS MORES
Elements: (L-C-I)
1. There is a legal act;
2. But which is contrary to morals, good
customs, public order or public policy; and,
3. It is done with intent to injure.
Articles 19, 20 and 21 are related to one
another and under these articles, an act which
causes injury to another may be made the
basis for an award of damages (Albenson
Enterprises Corp. v. CA, G.R. No. 88694,
January 11, 1993).
Articles 19 and 21 refer to INTENTIONAL acts
while Article 20 pertains either to WILLFUL or
NEGLIGENT acts, which must be contrary to
law. (Ibid.)
PRINCIPLE OF UNJUST ENRICHMENT
Accion In Rem Verso action for recovery of
what has been paid without just cause.
Application:
1. When someone acquires or comes into
possession of something, which means
delivery or acquisition of things; AND
 San Beda College of Law

Persons and Family Relations

2. Acquisition is undue and at the expense of a. Breach of constitutional and other
another, which means without just or legal rights (Art. 32)
ground. b. Defamation, fraud, physical injuries
(Art. 33)
Accion in Rem Verso and Solutio Indebiti c. Refusal or failure of city or municipal
Solutio Indebiti police to give protection (Art. 34)
Accion In Rem Verso
(Art. 2154) d. Quasi-delict or culpa-aquiliana
It is not necessary that Payment was made by (Art.2177)
the payment be made by mistake is an essential
mistake, payment could element to maintain the Note: The Civil Code has SUPPLETORY
have been made action for recovery. application in matters governed by special
knowingly and voluntarily laws.
but nevertheless, there
would be recovery of
what has been paid

Requisites: (JELA)
1. Defendant has been enriched;
2. Enrichment is without just or legal ground;
3. Plaintiff has suffered a loss; and
4. He has no other action based on contract, CIVIL PERSONALITY
quasicontract, crime or quasidelict.
Aptitude of being the subject, active or
Note: For a more comprehensive discussion passive, of rights and obligations.
of Articles 19-35, please see discussion
thereof under Torts. Juridical Capacity and Capacity to Act
Juridical Capacity Capacity To Act
PREJUDICIAL QUESTION Fitness to be the Power to do act with
subject of legal relations legal effects (Art. 37)
(Art. 36) (Art. 37)
Passive Active
General Rule: If both criminal and civil cases Inherent Merely acquired
are filed in court, the criminal case takes Lost only through death Lost through death and
precedence. other causes
Can exist without Cannot exist without
Exceptions: capacity to act juridical capacity
1. In case of prejudicial questions, the Cannot be limited or Can be restricted,
restricted modified or limited
criminal case is suspended because the
issues in the civil case are determinative
Theories on Capacity to Act
of the outcome of the criminal case.
Theory of General Theory of Special
A prejudicial question is that which Capacities Capacities
arises in a case, the resolution of Applies to natural Applies to juridical
which is a logical antecedent of the persons persons
issue involved therein, and the One has the ability to do This limits the power of
cognizance of which pertains to all things with legal juridical persons only to
another tribunal (Yap v. Paras, G.R. effects except only in those that are expressly
No. 101236, January 30, 1992). those specific conferred upon them or
circumstances where those which can be
the capacity to act is implied therefrom or
Requisites: (Section 7, Rule 111, Rules of
restrained incidental thereto
Court)
a. Previously instituted civil action
Restrictions on Capacity to Act do not exempt
involves an issue similar or intimately
the incapacitated person from certain
related to the issue raised in the
obligations as when the latter arise from his
subsequent criminal action.
acts or from property relations such as
b. The resolution of such issue
easements (Art. 38): (MID-PC)
determines whether or not the criminal
1. Minority
action may proceed.
2. Insanity or imbecility
3. State of being deaf mute
2. Independent civil action granted by law
4. Prodigality
(CD-QR)
5. Civil interdiction

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 San Beda College of Law
2010 Centralized Bar Operation
Modifications/ Limitations on Capacity to
Act (Art. 39): (FI3T P2A3D)
1. Family Relations;
2. Insanity;
3. Imbecility;
4. Insolvency;
5. Trusteeship;
6. Penalty;
7. Prodigality;
8. Age;
9. Alienage;
10. Absence; and
11. State of being deaf-mute.
Note: The consequences of the restrictions
and modifications in a persons capacity to act
are provided by the Civil Code, other codes,
special laws, and the Rules of Court.
NATURAL PERSONS
Beginning of Personality
General Rule: Birth determines personality
(actual personality) (Art. 40).
Exception: The law considers the conceived
child as born for all purposes favorable to it if
born alive. Therefore, the child has a
presumed personality, which has two
characteristics:
1. Limited; and
2. Provisional/conditional (Quimiguing vs.
Icao, G.R. No. L-26795, July 31, 1970)
Note: The concept of provisional
personality CANNOT be invoked to obtain
damages for and in behalf of an aborted
child (Geluz vs. CA, G.R. No. L-16439,
July 20, 1961).
When is a Child Considered Born:
General Rule: For civil purposes, the fetus is
considered born if it is alive at the time it is
completely delivered from the mothers womb.
Exception: If the fetus had an intrauterine life
of less than 7 months, it is NOT deemed born
if it dies within 24 hours after its complete
delivery from the maternal womb (Article 41).
Presumption of Survivorship:
In case of doubt as to which of two or more
persons called to succeed each other died
first:
1. Whoever alleges the death of one
prior to the other, shall prove the same
2. In the absence of proof, the
presumption is that the parties died at the
same time and there shall be no
7
transmission of rights from one another
(Art. 43)
Note: Art. 43 apply when the parties are called
to succeed each other or are heirs to one
another. But if the parties are not called to
succeed each other, Rule 131, Sec. 3 (jj) of
the Rules of Court applies. Both are to be
applied only in the absence of facts.
The legitimacy or illegitimacy of a child
attaches upon his/ her conception (Continental
Steel Manufacturing Corp. v. Hon. Accredited
Voluntary Arbitrator, et al., G.R. No. 182836,
October 13, 2009).
JURIDICAL PERSONS
The following are juridical persons:
1. State and its political subdivisions
2. Corporations, institutions and entities for
public purpose or interest
3. Corporations, partnership and
associations for private interest or purpose
to which the law grants a juridical
personality, separate and distinct from that
of each shareholder, partner or member
(Art. 44)
Creation:
1. For (1) and (2), by the laws creating or
recognizing them; government
corporations are created by their special
charters passed by the legislature
2. Private corporations are governed by BP
68; and
3. Partnerships and associations for private
interest or purpose are governed by the
provisions of this Code concerning
partnerships.
Note: The estate of a deceased should be
considered an artificial or juridical person for
the purposes of the settlement and distribution
of his estate which include the exercise during
the judicial administration thereof of his rights
and the fulfillment of obligations which
survived after his death (Limjoco vs. Intestate
Estate of Pedro Fragrante, No. L770 April 27,
1948).
Cessation of Civil Personality
1. If natural persons: by death (Art. 42)
The effect of death upon the rights and
obligations of the deceased is
determined by law, contract, and by
 San Beda College of Law
Persons and Family Relations
will because some rights and
obligations survive the death of a
person
2. If juridical persons: by termination of
existence
Dissolution of private corporations is
governed by Title IV of the Corporation
Code
Dissolution of corporations for public
interest or purposes is governed by
the provisions of their respective
charters and in its absence by the
Corporation Code
FAMILY CODE
The Family Code of the Philippines took effect
on August 3, 1988.
MARRIAGE
A special contract of permanent union
between a man and a woman entered into in
accordance with law for the establishment of
conjugal and family life. It is the foundation of
the family and an inviolable social institution
whose nature, consequences and incidents
are governed by law and not subject to
stipulation (Art. 1).
Although a marriage contract
considered a primary evidence of
marriage, its absence is not always proof
that no marriage took place. Testimony of
one of the parties to the marriage,
witnesses or solemnizing officer is
admissible to prove the fact of marriage.
(Balogbog v. CA, G.R. No. 83598, March
7, 1997).
Once the presumption of marriage arises,
other evidence may be presented in
support thereof. The evidence need not
necessarily or directly establish the
marriage but must at least be enough to
strengthen the presumption of marriage.
Every intendment of law leans toward
legitimizing marriage (Delgado vda de De
la Rosa v. Heirs of Marciana vda de
Damian, GR No 155733, January 27,
2006)
Marriage and Ordinary Contract Distinguished
Marriage Ordinary Contract
Special contract Merely a contract
Social institution Merely a contract
Governed by law on Governed by law on
marriage contracts
Not subject to
Generally subject
stipulations except in
stipulations
property relations
Minors may contract
Legal capacity is thru their parents or
required guardians or in some
cases by themselves
Contracting parties
must only be two
persons one is a
Two or more parties
regardless of gender
female and the other is
a male
Parties can fix a period
Permanent Union
for its efficacy to be
ineffective after a few
years
Breach of obligations of
husband and wife does
not give rise to an
action for damages.
The law provides penal Breach of ordinary
and civil sanctions such contracts gives rise to
as prosecution for an action for damages
adultery or
concubinage and
proceedings for legal
separation.
Can be dissolved only
Can be dissolved by
by death or annulment,
mutual agreement and
not by mutual
by other legal causes
agreement
Breach of Promise to Marry
General Rule: It is not by itself an actionable
wrong (Hermosisima vs. CA L-14628,
September 30, 1960). One cannot seek
is specific performance to compel marriage.
Exceptions: To be actionable, there must be
another act independent of the breach of
promise to marry which gives rise to liability as
where there was financial damage, social
humiliation, and moral seduction.
1. Mere breach of promise to marry is not an
actionable wrong; but to formally set a
wedding and go through all the
preparations and publicity, only to walk out
of it when the matrimony is about to be
solemnized, is quite different. This is
palpably and unjustifiably contrary to good
customs for which defendant must be held
answerable in damages pursuant to Art.
21 NCC. (Wassmer vs. Velez, No. L-
20089, December 26, 1964)
2. Where a mans promise to marry was the
proximate cause of giving herself unto him
in sexual congress and there is proof he
had no intention of marrying her, the
promise being a deceptive device,
damages may be awarded pursuant to
Art. 21 NCC because of the fraud and
to deceit behind it and the willful injury to her
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 San Beda College of Law
2010 Centralized Bar Operation
honor and reputation (Baksh vs. CA, G.R.
No. 97336, February 19, 1993).
Essential Requisites of Marriage: (LC)
1. Legal capacity of the contracting
parties, who must be a male and a female
a. Eighteen years old or above
b. Not under any impediment mentioned
in Arts. 37 and 38 (Art. 5)
2. Consent freely given in the presence
of a solemnizing officer (Art. 2)
No particular form required
Capable of intelligently understanding
the nature and consequences of the
act
Formal Requisites of Marriage: (ALM)
1. Authority of the solemnizing officer
2. Valid Marriage License
3. Marriage ceremony where the
contracting parties appear before the
solemnizing officer, with their personal
declaration that they take each other as
husband and wife in the presence of not
less than two witnesses of legal age (Art.
3)
Effects of: (Art. 4)
1. ABSENCE of essential or formal
requisites: The marriage is VOID AB
INITIO (ex: expired marriage license,
marriage by way of jest)
Exception: Marriage is valid where either
or both parties believed in good faith that
the solemnizing officer had legal authority
to do so when he had none at the time of
the solemnization of the marriage (Art.
35(2))
2. DEFECT in any of the essential
requisites: The marriage is VOIDABLE
(ex: consent obtained through force and
intimidation)
3. IRREGULARITY in any of the formal
requisites: Does NOT affect the validity of
the marriage BUT will hold the party
responsible for such irregularity civilly,
criminally and administratively liable
Exception: Marriage is VOIDABLE where
contracting party 18 years old or over but
below 21 without the consent of the
parents
Authority of Solemnizing Officer
It is not the presence/absence of the
solemnizing officer which constitutes the
formal requirement but the absence/presence
9
of the authority of such solemnizing officer at
the time of the solemnization of the marriage.
General Rule: The Solemnizing officer is not
duty bound to investigate whether the
marriage license was regularly issued.
Must only determine if it was issued by
a competent official
If so, it may be presumed that the said
official fulfilled the duty to ascertain
whether the contracting parties fulfilled the
requirements of law (People vs. Janssen)
Exception: In cases of marriage in articulo
mortis, in remote places, and between a man
and a woman living together as husband and
wife for at least 5 years without legal
impediment to marry each other
Solemnizing officer must take steps to
ascertain the ages, relationship, and
qualifications of contracting parties (Art.
29)
Persons Authorized to Solemnize
Marriages (Art. 7): PMJCCC
1. Priest, rabbi, imam or ministers of any
church or religious sect
a. duly authorized by his church or
religious sect
b. registered with the Office of the Civil
Registrar General
c. acting within the limits of the written
authority granted
d. at least one of the parties belongs to
the solemnizing officers church or
religious sect
2. Municipal and city mayors (Local
Government Code, January 1, 1992)
The term Mayor includes a Vice-
Mayor who is the Acting Mayor or
who is merely acting as a Mayor
(People vs. Bustamante, citing
Laxamana vs. Baltazar)
3. Incumbent members of the judiciary within
the courts jurisdiction
4. Ship captains or air plane chiefs (Art. 31)
Only in cases of marriages in articulo
mortis between passengers or crew
members
During the voyage, while plane is in
flight or ship is at sea and during
stopovers at ports of call
Assistant pilot has no authority to
solemnize a marriage even if airplane
chief dies during the trip
5. Commanders of military unit, in the
absence of chaplain (Art. 32)
Must be a commissioned officer rank
should start from second lieutenant,
ensign and above (Webster
 San Beda College of Law
Persons and Family Relations
Dictionary, 1991 edition)
Only in cases of marriage in articulo
mortis between members of the armed
forces or civilians within the zone of
military operation
6. Consul generals, consuls or viceconsuls
of the Republic of the Philippines abroad
(Art. 10)
Only in cases of marriage between
Filipino citizens abroad
The marriage ceremony is in
accordance with the laws of the
Philippines (Art. 17, NCC)
Also performs the duties of the local
civil registrar
Consuls on home assignment in the
Philippines cannot solemnize marriage
Valid Marriage License
The license is valid in any part of the
Philippines for 120 days from date of issue,
which is the date when the local civil registrar
signed the license.
Automatically canceled at the
expiration of the period if contracting
parties have not made use of it (Art. 20)
The requirement that the parties or
one of them must reside in the place of the
issuance of the license is a mere formal
requirement. If there is no compliance with
the same, the defect is a mere infirmity
that does not affect the validity of the
marriage (Ty vs. Court of Appeals, 2003).
When either or both parties are foreign
citizens, they must first submit a
CERTIFICATE OF LEGAL CAPACITY TO
MARRY issued by their
diplomatic/consular officials before
marriage license can be obtained (Art. 21)
Exception: Marriage of both foreign citizens
will be solemnized by their countrys consul-
general assigned in the Philippines, if their
countrys law allows the same
Stateless persons/refugees from other
countries shall submit an affidavit stating
circumstances to show capacity to contract
marriage before a marriage license can be
obtained (Art. 21)
Marriages Exempt from License
Requirement (MOLAR) (Art.27)
1. Among Muslims or members of ethnic
cultural communities solemnized in
accordance with their customs, rites and
practices (Art. 33)
2. Solemnized outside the Phil. where no
marriage license is required by the country
where they were solemnized
3. Of a man and a woman who have
lived together as husband and wife for at
least 5 years and without legal impediment
to marry each other (Art. 34)
Requisites:
.a The man and woman must
have been living together as husband and wife
for at least five years before the marriage;
.b The parties must have no
legal impediment to marry each other;
.c The fact of absence of legal
impediment between the parties must be
present at the time of marriage;
.d The parties must execute an
affidavit stating that they have lived together
for at least five years (and are without legal
impediment to marry each other); and
.e The solemnizing officer must
execute a sworn statement that he had
ascertained the qualifications of the parties
and that he had found no legal impediment to
their marriage (Manzano v. Sanchez G.R. No.
MTJ001329, March 08, 2001)
The 5year period should be
computed on the basis of cohabitation
as husband and wife where the only
missing factor is the marriage contract
to validate the union (ex: if both
cohabited at the age of 17, counting
starts when parties reach 18 years)
This 5year period should be the
years immediately before the day of
the marriage and it should be a period
of cohabitation characterized by
EXCLUSIVITY meaning no legal
impediment was present at any time
within the 5 years and CONTINUITY
that is unbroken (Republic v. Dayot,
G.R. No. 175581,March 8, 2008)
4. In articulo mortis
Remains valid even if ailing party
subsequently survives (Art. 27)
5. In remote places
Residence of either party is so located
that there is no means of
transportation to enable them to
personally appear before the local civil
registrar (Art. 28)
Marriage Ceremony
There is no particular form prescribed by the
Family Code.
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 San Beda College of Law
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The absence of two witnesses of legal age is
merely an irregularity but the party responsible
for the irregularity shall be civilly, criminally,
and administratively liable.
Marriages by proxy
1. If it was solemnized in the Philippines, the
marriage is VOID because physical
appearance is required under Art. 6.
2. If performed abroad, whether between
Filipinos or foreigners or mixed, the
controlling article is Art. 26 of the Family
Code.
Authorized Venues of Marriage (Art. 8)
General Rule: Must be solemnized publicly,
and not elsewhere, in the:
1. Chambers of the judge or in open
court
2. Church, chapel or temple
3. Office of consulgeneral, consul or
viceconsul
Exceptions:
1. Marriage in articulo mortis;
2. Marriage in remote places;
3. Marriage at a house or place
designated by the parties in a sworn
statement to that effect, with the written
request of both parties to the solemnizing
officer
Note: This provision is only directory and the
requirement that the marriage be solemnized
in a particular or a public place is not an
essential requisite.
FOREIGN MARRIAGE
Validity of Marriage
General Rule: Where one or both parties to
the marriage are citizens of the Philippines,
the foreign marriage is valid in this country if
solemnized in accordance with the laws of the
country of celebration. (Art. 26)
In case a Filipino contracts a foreign
marriage which is null and void in the
place where it was solemnized, the same
shall also be null and void in the
Philippines even if such was valid if
celebrated under Philippine laws
If both are foreigners, lex loci
celebrationis applies
Exceptions: Foreign marriages shall not be
recognized in the Philippines if: (B2MA-PIP)
1. Contracted by a national who is below
18 years of age (Art. 35(1))
2. Bigamous or polygamous except as
provided in Art. 41, FC (Art. 35(4))
11
3. Contracted through mistake of one
party as to the identity of the other (Art.
35(5))
4. Contracted following the annulment or
declaration of nullity of a previous
marriage but before partition (Art.35(6))
5. Void due to psychological incapacity
(Art. 36)
6. Incestuous (Art.37)
7. Void for reasons of public policy (Art.
38)
Divorce
General rule: No divorce is allowed in the
Philippines
Exceptions:
1. Between 2 aliens if valid in their national
laws even if marriage was celebrated in
the Philippines
2. Between a Filipino and an Alien if (a)
there is a valid marriage celebrated
between a Filipino citizen and a foreigner;
and (b) a valid divorce according to the
national law of the foreigner is obtained
abroad by the alien spouse capacitating
him or her to remarry. Art. 26(2))
The Filipino spouse should likewise be
allowed to remarry as if he or she
was a foreigner at the time of the
solemnization of the marriage. To rule
otherwise would sanction absurdity
and injustice
Party pleading it must prove divorce
as a fact and demonstrate its
conformity to the foreign law allowing
it, which must be proved as courts
cannot take judicial notice of foreign
laws. If a valid divorce decree has
been obtained abroad, there is no
more need to file an action to nullify
the marriage. The plaintiff has no more
personality to sue since the marriage
bond has already been severed
(Felicitas Amor-Catalan vs. CA, G.R.
No. 167109, February 6, 2007).
Article 26 (2) applies where parties
were Filipino citizens at the time of
celebration of the marriage, but later
on, one of them becomes naturalized
as a foreign citizen and obtains a
divorce decree because the reckoning
point is their citizenship at the time a
valid divorce is obtained abroad by the
alien spouse capacitating the latter to
remarry. (Rep. vs. Cipriano Obrecido
III, G.R. No. 154380, Oct. 5, 2005)
In Edgar San Luis v. Felicidad
Sagalongos (G.R. No. 134029,
February 6, 2007), whether a Filipino
 San Beda College of Law
Persons and Family Relations
who had been divorced by his alien
spouse abroad may validly remarry in
the Philippines considering that the
marriage was solemnized before the
Family Code, it was held that it need
not retroactively apply the provisions
of the Family Code, particularly Article
26, par. (2), considering that there is
sufficient jurisprudential basis allowing
the retroactivity of the Family Code.
There must be a showing that the
divorce decree gave the foreigner
spouse legal capacity to remarry
because in some jurisdictions,
remarriage may be limited or
prohibited (Bayot vs. Bayot, G.R. No.
155635 & 163979, November 7,
2008).
VOID MARRIAGES (Art. 35)
Due to absence of any of the essential
requisites: (BBLAPIS)
1. Contracted by any party below 18 years of
age even with parental consent;
2. Solemnized by any person NOT LEGALLY
authorized to perform marriages UNLESS
one or both of the parties believed in good
faith that the solemnizing officer had the
legal authority to do so;
3. Solemnized WITHOUT a license except
as otherwise provided;
4. Bigamous or polygamous marriages
except Art 41;
5. Marriages contracted through mistake of
one of the parties as to the physical
identity of the other
6. Subsequent marriages that are void under
Article 53 of the Family Code
7. Contracted by a party who at the time of
the marriage was psychologically
incapacitated.
Note: Enumeration in Art 35 is NOT exclusive.
Psychological Incapacity (Art. 36)
No less than a mental (not physical) incapacity
that causes a party to be truly incognitive of
the basic marital covenants that concomitantly
must be assumed and discharged by the
parties to the marriage. Its meaning is
confined to the most serious cases of
personality disorders clearly demonstrative of
an utter insensitivity or inability to give
meaning and significance to the marriage. This
psychological condition must exist at the time
the marriage is celebrated. (Santos vs. CA,
G.R. No. 112019, January 4, 1995)
Requisites of Psychological
Incapacity: (JIG)
1. Gravity must be grave/serious such
that the party would be incapable of
carrying out the ordinary duties required in
a marriage;
2. Juridical Antecedence Must be
rooted in the history of the party
antedating the marriage, although the
overt manifestations may emerge only
after the marriage; and
3. Incurability Must be incurable or,
even if it were otherwise, the cure would
be beyond the means of the party
involved. (Santos vs. CA, G.R. No.
112019, January 4, 1995)
May involve a senseless, protracted and
constant refusal to comply with the essential
marital obligations by one or both of the
spouses although he, she or they are
physically capable of performing such
obligations (Chi Ming Tsoi v. CA, G.R. No.
119190, Jan. 16, 1997)
A person who is unable to distinguish between
fantasy and reality would be unable to
comprehend the legal nature of the marital
bond much less its psychic meaning and the
obligations attached to the marriage, including
parenting. One unable to adhere to reality
cannot be expected to adhere as well to any
legal or emotional commitments (Antonio v.
Reyes, G.R. No. 155800, March 10, 2006)
While disagreements on money matters
would, no doubt, affect the other aspects
of ones marriage as to make the wedlock
unsatisfactory, this is not a sufficient ground to
declare a marriage null and void. In fact, the
Court takes judicial notice of the fact that
disagreements regarding money matters is a
common, and even normal, occurrence
between husbands and wives. (Tongol vs.
Tongol, G.R. No. 157610, October 19, 2007)
Petitioner is not entitled to moral damages
based on declaration of psychological
incapacity because the award of moral
damages should be predicated, not on the
mere act of entering into the marriage, but on
specific evidence that it was done deliberately
and with malice by a party who had known of
his or her disability and yet willfully concealed
the same. (Noel Buenaventura v. CA, et al.,
G.R. No. 127358, March 31, 2005)
Essential Elements: (MAVFFCCI)
1. Mental condition
2. Applies to a person who is maritally
contracted to another
3. Marriage entered into with volition
4. Failure to perform or comply with the
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 San Beda College of Law
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essential obligations in marriage
5. Failure to perform is chronic
6. Cause is psychological in nature
7. Cause is serious, with juridical
antecedence, and must be incurable
8. Incapacity results in the failure of the
marriage.
Jurisprudential Guidelines (Molina
Doctrine) (Republic v. Molina G.R. No.
108763, February 13, 1997): (PROBE PIG)
1. Plaintiff has burden of proof;
2. Root cause of the psychological
incapacity must be:
a. Medically or clinically identified
b. Alleged in the complaint:
i. Sufficiently proven by experts
ii. Clearly explained in the decision
3. Incapacity proven to be existing at the
time of the celebration of marriage;
4. Incapacity must be permanent or
incurable;
5. Illness is grave enough to bring about
disability to assume essential marital
obligations;
6. Marital obligations refer to Art. 6871,
220,221 and 225 of the FC;
7. Interpretations of the National
Appellate Matrimonial Tribunal of the
Catholic Church of the Philippines while
not controlling should be given great
respect;
8. Trial court must order the prosecuting
attorney or fiscal and the Solicitor General
to appear for the state.
Note: The SC held in Te vs. Te (G.R. No.
161793, February 13, 200) as decisive the
psychological evaluation made by the expert
witness and thus ruled that the marriage of the
parties is null and void on the ground of both
parties psychological incapacity. The clinical
psychologist did not personally examine the
respondent, and relied only on the information
provided by petitioner. Further, the
psychological incapacity was not shown to be
attended by gravity, juridical antecedence, and
incurability, deviating from Republic vs. CA
and Molina (1997) ruling, upon the Courts
reasoning that the impositions of the Molina
case were inappropriate, as cases of
psychological incapacity should be decided
not on the basis of a priori assumptions,
predictions or generalizations but according to
its own facts. Courts should interpret the
provision on a case-to-case basis; guided by
experience, the findings of experts and
researchers in psychological disciplines, and
by decisions of church tribunals. The Molina
doctrine has become a strait-jacket, forcing all
sizes to fit into and be bound by it. The Court
13
in conveniently applying Molina, has allowed
diagnosed sociopaths, schizophrenics,
nymphomaniacs, narcissists and the like, to
continuously debase and pervert the sanctity
of marriage.
The wifes promiscuity and the psychiatrists
report that she was suffering from social
personality disorder exhibited by blatant
display of infidelity, emotional immaturity, and
irresponsibility cannot be equated with
psychological incapacity (Dedel vs. Court of
Appeals, G.R. No. 151867, January 29, 2004).
Similarly, the husbands alleged alcoholism,
drunkenness, his habitual verbal and physical
abuse of the wife, failure to support the latter
and her children, and unbearable jealousy, do
not constitute psychological incapacity
(Republic vs. Melgar, G.R. No. 139676,March
31, 2006).
In Marcos v. Marcos (GR. NO. 136490,
October 19, 2000), the SC held that
psychological incapacity may be established
by the totality of the evidence presented. The
facts alleged in the petition and the evidence
presented, considered in totality, should be
sufficient to convince the court of the
psychological incapacity of the party
concerned. (Bernardino S. Zamora vs. CA,
G.R. No. 141917, February 7, 2007)
The complete facts should allege the
physical manifestations, if any, as are
indicative of psychological incapacity at
the time of the celebration (Sec. 2(d) A.M.
No. 02-11-10-SC, March 15, 2003)
There is NO REQUIREMENT that the
person sought to be declared
psychologically incapacitated should be
personally examined by a physician/
psychologist as a condition sine qua non
to arrive at such declaration. It can be
proven by independent means that one is
psychologically incapacitated, There is no
reason why the same should not be
credited. (Republic of the Philippines vs.
Laila Tanyag-San Jose and Manolito San
Jose, G.R. No. 168328, February 28,
2007)
Psychological incapacity is not meant to
comprehend all possible cases of psychoses.
The fourth guideline in Molina requires that the
psychological incapacity as understood under
Art. 36 (FC) must be relevant to the
assumption of marriage obligations, not
necessarily to those not related to marriage,
 San Beda College of Law

Persons and Family Relations

like the exercise of a profession or fact of killing committed by one of the
employment in a job (Tongol vs. Tongol, G.R. parties to the marriage can be proved
No. 157610, October 19, 2007). in a civil case

The new Rule promulgated by the SC on 4 The following can now marry each other:
March 2003 on Annulment and Declaration of (LSG-CA)
Nullity of Marriage dispensed with the 1. Brotherinlaw and sisterinlaw;
certification from the Solicitor General, stating 2. Stepbrother and stepsister;
therein his reasons for his agreement or 3. Guardian and ward;
opposition to the petition. Attachment of expert 4. Adopted and illegitimate child, parents
opinions to the petition is also dispensed with and relatives by consanguinity or affinity of
(Tongol vs. Tongol, G.R. No. 157610, October the adopter;
19, 2007). 5. Parties who have been convicted of
adultery or concubinage.
Rule on Declaration of Absolute Nullity of Void 6. Collateral relatives by the half blood
Marriages and Annulment of Voidable
Marriages (A.M. No. 02- 11- 10 SC, March 15, Void Subsequent Marriages
2003), provides option to the trial judge to refer 1. Without judicial declaration of nullity of
the case to a court- appointed psychologist/ previous void marriage (Art. 40)
expert for an independent assessment and 2. Without judicial declaration of presumptive
evaluation of the psychological state of the death of absent spouse (Art. 41)
parties, in order to assist the court to arrive at 3. Where the absent spouse was presumed
an intelligent and judicious determination of dead, and both the present spouse and
the case. wouldbe spouse were in bad faith in
contracting marriage (Art. 44)
Note: Final judgment denying a petition for 4. Failure to comply with Art 52 requiring the
nullity on the ground of psychological partition and distribution of properties and
incapacity bars a subsequent petition for delivery of childrens presumptive
declaration of nullity on the ground of lack of legitimes which should be recorded in the
marriage license. There is res judicata (Mallion appropriate civil registry and registry of
vs. Alcantara, G.R. No. 141528, October 31, property after obtaining judgment for
2006). declaration of nullity or annulment (Art.
53).
Incestuous marriages, whether the
relationship is legitimate or illegitimate, Note: Failure to record in the civil registry and
between (Art. 37): registry of property the judgment of annulment
1. Ascendants & Descendants of any or of absolute nullity of the marriage, partition
degree; and distribution of the property of the spouses
2. Brothers & Sisters whether full or half and the delivery of the childrens presumptive
blood legitimes shall not affect third persons (Arts.
5253).
Those contrary to public policy contracted
between (Art. 38): (C-KA3PS3)
Void and Voidable Marriage Distinguished
1. Collateral blood relatives whether
Void Voidable
legitimate or illegitimate up to the 4th civil Decree of nullity Decree of annulment
degree Incapable of ratification Ratified by free
2. Stepparents & step children cohabitation
3. Parentsinlaw & childreninlaw Can be attacked Can be attacked directly
4. The adopting parent & the adopted child directly or collaterally only
5. The surviving spouse of the adopting Coownership of Generally Conjugal
parent & the adopted child properties through joint Partnership or Absolute
6. The surviving spouse of the adopted child actual contributions Community
& the adopter Always void Valid until annulled
7. Adopted child & a legitimate child of the Action for declaration Action prescribes
adopter of nullity does not
prescribe
8. Adopted children of the same adopter
Only the spouses can Those provided under
9. Parties where one, with the intention to have their marriage Art. 47
marry the other, killed the latters spouse, declared void starting
or his/her spouse. March 15, 2003; but
There is no need for conviction in a before such date, any
criminal case of the guilty party. The interested party can do

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so
Judicial Declaration of Nullity
The absolute nullity of a previous marriage
may be invoked for purposes of remarriage on
the basis solely of a final judgment declaring
such previous marriage void (Art. 40).
Remarriage is not the sole purpose of
declaration of nullity of a marriage as it
can be declared void for other purposes
For purposes of remarriage, the only legally
acceptable basis for declaring a previous
marriage an absolute nullity is a final judgment
declaring such previous marriage void
Parties to a marriage should not be
permitted to judge for themselves its
nullity, only competent courts having such
authority. Prior to such declaration of
nullity, the validity of the first marriage is
beyond question (Landicho vs. Rolova L-
22579, February 23, 1968).
One who enters into a subsequent
marriage without first obtaining such
judicial declaration is guilty of bigamy.
This principle applies even if the earlier
union is characterized by statute as void.
(Manuel vs. People, G.R. No.
165842,November 29, 2005)
Interestingly, in Lucio Morigo vs.
People, GR No. 145226, Feb. 6, 2004, the
SC ruled that a judicial declaration of
nullity is NOT NEEDED where NO
MARRIAGE CEREMONY at all was
performed by a duly authorized
solemnizing officer, as where the parties
merely signed a marriage contract on their
own without the presence of the
solemnizing officer
For purposes other than remarriage, such as
but not limited to determination of heirship,
legitimacy or illegitimacy of a child, settlement
of estate, dissolution of property regime or
criminal case, other evidence is acceptable to
show the nullity of the marriage and the court
may pass upon the validity of marriage so long
as it is essential to the determination of the
case (Nial vs. Bayadog, G.R. No. 133778,
March 14, 2000).
Collateral attack of marriage is allowed
In a case for concubinage, the accused
need not present a final judgment
declaring his marriage void, for he can
adduce evidence in the criminal case of
the nullity of his marriage other than proof
of a final judgment declaring his marriage
void (Beltran vs. People, G.R. No.
137567, June 20, 2000).
15
Who may file Action for Declaration of
Nullity
Before March 15, 2003 Any interested party
can file a direct case for nullity of marriage,
e.g., a father can file a case for declaration of
nullity of a bigamous marriage entered into by
his daughter and a married man.
March 15, 2003 and onwards A petition for
declaration of absolute nullity of void marriage
may be filed solely by the husband or wife.
A.M. 02-11-10-SC which provides for the same
is prospective in its application. (Juan de Dios
Carlos vs. Falicidad Sandoval, G.R. No.
179922, December 16, 2008)
Imprescriptibility of Action for Declaration
of Nullity
General Rule: The action or defense for the
declaration of absolute nullity of a marriage
shall not prescribe (Art. 39, as amended by
R.A. 8533 approved on February 23, 1998).
Declaration of Nullity not a Prejudicial
Question
The pendency of the civil action for nullity of
marriage does not pose a prejudicial question
in a criminal case for concubinage. (Beltran
vs. People, G.R. No. 137567, June 20, 2000).
This ruling applies in a case for bigamy by
analogy since both crimes presuppose the
subsistence of a marriage. (Bobis vs. Bobis,
G.R. No.138509, July 31, 2000).
BIGAMOUS MARRIAGES (Art. 41)
General Rule: A marriage contracted by any
person during the subsistence of a previous
valid marriage shall be null and void (Gomez
v. Lipana, GR. No. L23214, June 30, 1970)
.
Exception: Before the celebration of the
subsequent marriage, a declaration of
presumptive death is obtained after complying
with the following requirements: (JAB)
1. Absence of the other spouse must have
been for 4 consecutive years, or 2 years
where there was danger of death under
circumstances laid down in Art. 391 of the
NCC
2. Well-founded belief of the present spouse
who wishes to marry that absent spouse is
already dead
3. Judicial declaration of presumptive death;
present spouse must file a summary
proceeding for the declaration of the
presumptive death of the absentee without
prejudice to the latters reappearance
 San Beda College of Law
Persons and Family Relations
Note: This is intended to protect the present
spouse from criminal prosecution for bigamy
under Art 349 of the Rev Penal Code.
However, if the bigamous marriage was
committed abroad, the guilty party cannot be
criminally prosecuted for bigamy in the
Philippines as our penal statutes are territorial
in nature.
Exception to the exception: If both spouses
of the subsequent marriage acted in bad faith,
said marriage shall be void ab initio and all
donations made by one in favor of the other
are revoked by operation of law. (Art. 44)
Effect of Reappearance of Absent Spouse:
General Rule: The subsequent bigamous
marriage under Article 41 remains valid
despite reappearance of the absentee spouse.
Exception: Subsequent marriage is
automatically terminated if the reappearance
was recorded in a sworn statement in the civil
registry of the residence of the parties to the
subsequent marriage at the instance of any
interested person with due notice to said
spouses, without prejudice to the fact of
reappearance being judicially determined in
case such fact is disputed.
Exception to the exception: If there was a
previous judgment annulling or declaring the
first marriage a nullity, the subsequent
bigamous marriage remains valid.
Notes:
If the absentee reappears, but no step is
taken to terminate the subsequent
marriage either by affidavit or by court
action, such absentees mere
reappearance, even if made known to the
spouses in the subsequent marriage will
not terminate such marriage (SSS v.
Bailon, G.R. No 165545, March 24, 2006).
Judgment declaring a spouse
presumptively dead is unappealable
because the proceedings thereon are
summary in nature as per Art. 153 FC. The
remedy is special civil action for certiorari
(Heirs of Maura So vs. Obliosca, G.R. No.
147082, January 28, 2008).
See Comparative Chart on Effects of
Declaration of Nullity, Annulment and
Termination of Marriage in Art. 41 and Legal
Separation.
VOIDABLE MARRIAGES (Art. 45)
Grounds: (UPFAVS) must exist AT THE
TIME of marriage
1. Age of the party in whose behalf the
marriage is sought to be annulled was 18
years of age or over but below 21, and the
marriage was solemnized without the
consent of the parents, guardian or person
exercising substitute parental authority
over the party, in that order;
2. Unsound mind of either party
3. Consent of either party obtained by
fraudulent means as enumerated in Art.
46: (NPSD)
a. Nondisclosure of a previous
conviction by final judgment of the
other party of a crime involving moral
turpitude;
b. Concealment by the wife of the fact
that at the time of the marriage, she
was pregnant by a man other than her
husband;
Must have been done in bad faith.
If the woman did not expressly
inform the man of her pregnancy
but such physical condition was
readily apparent to the man, he
cannot claim lack of knowledge
thereof. (Buccat vs. Buccat, G.R.
No. 47101, April 25, 1941)
c. Concealment of a sexually
transmissible disease, regardless of
its nature, existing at the time of the
marriage; and
Nature or gravity of disease is
irrelevant; it is enough that there
was concealment at the time of
the ceremony
d. Concealment of drug addiction,
habitual alcoholism, homosexuality or
lesbianism existing at the time of the
marriage
4. Vitiated consent of either party
through force, intimidation or undue
influence
Criminal liability attaches to anyone
who uses violence, intimidation and
fraud in contracting a marriage (Art.
350 RPC)
5. Physical incapability of either party to
consummate the marriage with the other,
and such incapacity continues and
appears to be incurable (impotency)
Permanent inability on the part of one
of the spouses to perform the
complete act of sexual intercourse,
arising from physical and other
causes, including psychological
causes
Need not be universal; condition may
exist only as to the present spouse
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and not as to others consum- after the since
mate celebration defect is
Requisites for annulment due to of the permanent
Impotence: (CUPIN) marriage
Insanity Sane Anytime Free
a. It exists at the time of the celebration
spouse before the cohabita-
of the marriage; who has death of tion after
b. It is permanent; no know- either insane
c. It is incurable; ledge of party regains
d. It is unknown to the other spouse; the sanity
e. The other spouse must not also be insanity
impotent.
Relative Anytime
Doctrine of Triennial Cohabitation guardian before the
or death of
Presumption that the husband is impotent
persons either
should the wife still remain a virgin for at party
having Free
least 3 years from time spouses started legal cohabita-
cohabiting. charge of tion after
6. Sexually transmissible disease of the insane
either party found to be serious and insane regains
appears to be incurable. Insane During sanity
spouse lucid
Elements: (ESSA) interval or
a. Existing at the time of marriage after
b. Sexually transmissible disease regaining
sanity
c. It is serious; and
Parent/ Anytime
d. Appears incurable legal before the
guardian no
The enumeration in Article 46 is EXCLUSIVE having consent
(Anaya vs. Palaroan, GR. No. L27930, charge of party Free
November 26, 1970). the no reaches cohabita-
Non
consent 21 tion after
consent
Note: Misrepresentation as to character, party reaching
No W/in 5 age of 21
health, rank, fortune or chastity is NOT a
consent years
ground for annulment. party after
reaching
21
Persons Prescrip- STD Injured W/in 5 No
Grounds Ratifi-
Who tive party years ratifica-
(F2I2NS) cation
May Sue Period after the tion since
Force, Injured W/in 5 Free celebratio defect is
intimidati party years cohabita- n of the perma-
on, or from the tion after marriage nent.
undue time the disap-
influence force, pearance
intimidatio of force,
Note: Whichever comes first may convalidate
n, or intimida-
undue tion / the marriage: Cohabitation OR Prescription.
influence undue
ceased influence Additional Requirements for Annulment or
respect- Declaration of Nullity
tively Prosecuting attorney or fiscal should:
Fraud Injured W/in 5 Free 1. Appear on behalf of the state
party years cohabita- 2. Take steps to prevent collusion between
from the tion even the parties
discovery with full 3. Take care that evidence is not fabricated
of fraud know-
ledge of
or suppressed
facts
constitu- Collusion
ting the Public Prosecutor shall be ordered by the
fraud court to investigate and to submit a report on
Incapabi- Injured W/in 5 No whether parties are in collusion when:
lity to party years ratification

17
 San Beda College of Law
Persons and Family Relations
1. No answer is filed or the answer does not
tender an issue;
2. Respondent filed his answer but failed to
appear at the pre-trial (Secs. 8(3) and
13(b), A.M. No. 02-11-12-SC, March 15,
2003)
Note: The same also applies to Legal
Separation pursuant to Secs. 5(c) and 10(2) of
A.M. No. 02-11-11-SC, March 15, 2003.
There will be collusion only if the parties had
arranged to make it appear that a ground
existed or had been committed although it was
not, or if the parties had connived to bring
about a matrimonial case even in the absence
of grounds therefor (Ocampo vs. Florenciano,
GR. No. L13553, February 23, 1960).
However, petitioners vehement opposition to
the annulment proceedings negates the
conclusion that collusion existed between the
parties. Under these circumstances, the non
intervention of a prosecuting attorney to
assure lack of collusion between the
contending parties is not fatal to the validity of
the proceedings in the trial court (Tuason vs.
CA, G.R. No. 116607, April 10, 1996).
Decision
No judgment on the pleadings, summary
judgment, confession of judgment, or
judgment by default shall be allowed.
If the defendant spouse fails to answer the
complaint, the court CANNOT declare him or
her in default. But instead, should order the
public prosecutor to determine if collusion
exists between the parties.
Note: The same also applies to Legal
Separation
After court grants petition, it shall issue the
decree of absolute nullity or annulment only
after compliance with the following:
1. Must proceed with the liquidation, partition,
and distribution of the properties of the
spouses including custody and support of
the common children unless such matters
had been adjudicated in previous judicial
proceedings
2. Delivery of the childrens presumptive
legitimes
3. Registration of the entry of judgment
granting petition for declaration of absolute
nullity or annulment in the Civil Registry
where the marriage was celebrated and in
the Civil Registry of the place where the
FC was located
4. Registration of approved partition and
distribution of properties of the spouses in
the proper Registry of Deeds where the
real properties are located
Note: The same applies to Legal Separation.
In case of annulment or declaration of
absolute nullity of marriage, Art.49 of the
Family Code grants visitation rights to a parent
who is deprived of the custody of the children.
Such visitation rights flow from the natural right
of both parents to each others company.
There being no such parent child relationship
between them, Gerardo has no demandable
right to visit the child of Mario with Theresa
(Concepcion vs. CA GR. No. 12345, August
31, 2005).
Rule on Declaration of Absolute Nullity of
Void Marriages and Annulment of Voidable
Marriages (A.M. 001101SC)
This took effect on March 15, 2003.
This Rule shall govern petitions for
declaration of absolute nullity of void
marriages and annulment of voidable
marriages under the Family Code of the
Philippines.
The Rules of Court have suppletory
application.
For a more comprehensive discussion on the
procedural aspects of the Rule, please refer to
the Remedial Law Memory Aid.
LEGAL SEPARATION
Exclusive Grounds: (SAMBALIPAD)
1. Repeated physical violence or grossly
abusive conduct directed against the
petitioner, a common child, or a child of
the petitioner
2. Attempt of the respondent to corrupt or
induce the petitioner, a common child, or a
child of the petitioner, to engage in
prostitution, or connivance in such
corruption or inducement
Refers to prostitution only and
irrespective of the age of the child
3. Attempt by the respondent against the life
of the petitioner
4. Final judgment sentencing the respondent
to imprisonment of more than 6 years
even if pardoned
5. Drug addiction or habitual alcoholism of
the respondent
6. Lesbianism or homosexuality of the
respondent
7. Abandonment of the petitioner by the
respondent without justifiable cause for
more than 1 year
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 San Beda College of Law
2010 Centralized Bar Operation
There must be absolute cessation of
marital relations, duties, and rights,
with the intention of perpetual
separation (Partosa-Jo vs. CA, G.R.
No. 82606, December 18, 1992).
Abandonment implies total
renunciation of duties.
8. Physical violence or moral pressure to
compel petitioner to change religious or
political affiliation
9. Contracting by respondent of a separately from each other
subsequent bigamous marriage; and
10. Sexual infidelity or perversion.
Sexual perversion includes engaging
in such behavior not only with third
persons but also with the spouse
CoolingOff Period 6-month period from
the filing of the petition designed to give the
parties enough time to further contemplate
their positions with the end in view of attaining
reconciliation between them. No action for
Legal Separation shall be tried during such
period (Art. 58). It is a mandatory requirement
and its non-compliance makes the decision
infirm. (Pacete vs. Carrianga, G.R. No. 53880,
March 17, 1994)
Grounds for Denial of Petition (Art. 56):
(C4MPDR)
1. Condonation of the offense or act
complained of. But failure of the husband
to look for his adulterous wife is NOT
condonation to wife's adultery (Ocampo
vs. Florenciano, G.R. No. L13553,
February 23, 1960).
The act of the husband in having
sexual intercourse with his wife in
spite of his knowledge of the latters
infidelity is an act of implied
condonation. (Ginez v. Bugayong,
G.R. No. L-10033, December 28,
1956)
2. Consent to commission of offense or act
complained of
3. Connivance between parties of
commission of offense or act constituting
ground
Connivance is corrupt consenting
4. Collusion between parties
Collusion is corrupt agreement
between the spouses to procure
divorce or legal separation
5. Mutual Guilt or where both parties have
given ground for legal separation
6. Prescription
An action for legal separation shall be
filed within 5 years from time of
occurrence of the cause (Art. 57)
7. Death of either party during the pendency
19
of the case (LapuzSy vs. Eufemio, G.R.
No. 113842, August 3, 1994)
8. Reconciliation of the spouses during the
pendency of the case
By filing in the same proceeding a joint
manifestation under oath, duly signed
by the spouses (Art. 65)
Effects of Filing Petition: (LDS)
1. The spouses shall be entitled to live
2. In the absence of an agreement between
the parties, the court shall designate the
husband, the wife, or a third person to
manage the absolute community or
conjugal partnership property (Art. 61)
3. The husband shall have no more right to
have sexual intercourse with his wife.
Decision
No legal separation may be decreed unless
the Court has taken steps toward the
reconciliation of the spouses and is fully
satisfied, despite such efforts, that
reconciliation is highly improbable. (Art. 59)
Note: The wife who has been granted legal
separation cannot petition to be allowed to
revert to her maiden name.
Even if the parents are separated de facto, still
in the absence of judicial grant of custody to
one parent, both parents are entitled to the
custody of their child. The remedy of habeas
corpus may be resorted to by the parent who
has been deprived of the rightful custody of
the child (Salientes v. Abanilla, G.R. No.
162734, August 29, 2006).
Note: A decree of legal separation, on the
ground of concubinage, may issue upon proof
of preponderance of evidence in the action for
legal separation. No criminal proceedings or
conviction is necessary.
Effects of Reconciliation of the Spouses
(Art. 66):
1. The legal separation proceedings, if
still pending, shall thereby be terminated
at whatever stage.
2. The final decree of legal separation
shall be set aside, but the separation of
property and any forfeiture of share of the
guilty spouse already effected shall
subsist, unless the spouses agree to
revive their former property regime.
Revival of Property Regime (Art. 67)
Agreement of revival and motion for its
approval shall be filed in court in the same
proceeding for legal separation and shall be
 San Beda College of Law

Persons and Family Relations

executed under oath and shall specify:
1. Properties to be contributed anew to
restored regime;
2. Those to be retained as separated
properties of each spouse;
3. Names of all known creditors, addresses,
and amounts owing to each
After due hearing, court shall take measures to
protect interest of creditors and such order
shall be recorded in the proper registries of
properties but the same shall not prejudice
creditors not listed or notified, unless debtor-
spouse has sufficient separate properties to
satisfy creditors claim.
Rule on Legal Separation (A.M. 021111
SC)
This took effect on March 15, 2003.
This Rule shall govern petitions for legal
separation under the Family Code in the
Philippines; the Rules of Court shall apply
suppletorily.
Please refer to the Remedial Law Memory Aid
for the procedural provisions of the Rule.

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 San Beda College of Law

Persons and Family Relations

Termination Declaration Of Nullity Annulment Legal Separation

(Art.41) (Art. 40) (Art. 45) (Art. 55)
Marital Status
Subsequent marriage Previous marriage, void ab Valid until annulled or No dissolution of marriage, only
automatically terminated initio terminated separation of bed-and-board;
by affidavit of entitled to live separately
reappearance
Status of Children Born/Conceived Before Termination
Legitimate Illegitimate except those as Legitimate Legitimate
provided in Art. 36 and 53
Custody of Children
Custody in case of During Pendency:
dispute shall be decided 1. Written Agreement
by the court in separate 2. Absence thereof, court decides based on best interest of child and may award it in the
proceedings for custody following order of preference:
but same considerations a. Both parents jointly
as in Declaration of Nullity b. Either parent, may consider choice of child over 7 years unless parent chosen is
unfit
c. Surviving grandparent, if several then choice of child over 7 years unless
grandparent chosen is unfit/ disqualified
d. Eldest brother/sister over 21unless unfit/ disqualified
e. Any other person deemed by court who is suitable
After Decree:
To the innocent spouse but no child under 7 shall be separated from the mother unless there
are compelling reasons
Child Support
Support in case of dispute During pendency:
shall be decided by the 1. Written agreement
court in separate 2. In the absence thereof, from properties of the absolute community of property (ACP) or
proceedings for custody conjugal partnership (CP)
but same considerations After Decree:
as in Declaration of Nullity Either parent/ both may be ordered by court to give an amount necessary for support in
proportion to resources/means of giver and necessities of recipient
Spousal Support
During pendency:
1. Written agreement
2. In the absence thereof, from properties of the ACP or CP, considered as advance to be
deducted from share during liquidation
3. Restitution if after final judgment court finds that persons providing support pendent lite is
not liable therefor (Sec. 7, Rule 61, ROC)
Property Relations
1. ACP or CP shall be dissolved and liquidated 1. ACP or CP shall be dissolved
2. If either spouse contracted marriage in bad faith, he or she has no right to any and liquidated.
share of net profits earned by ACP or CP 2. Offending spouse has no right
3. Net profits shall be forfeited in favor of common children, or if none, children of to any share of net profits
guilty spouse by previous marriage, or in default thereof, the innocent spouse earned by ACP or CP
4. In all other cases of void marriage, Art. 147 and 148 applies (Valdes vs. RTC) 3. Net profits shall be forfeited in
favor of common children, or
In addition, for marriages under Art. 40 and 45: if none, children of guilty
1. All creditors of spouses and of the ACP or CP shall be notified of the proceedings spouse by previous marriage,
for liquidation or in default thereof, the
innocent spouse
2. Conjugal dwelling and lot on which it is situated shall be adjudicated pursuant to
Art. 102 and 129
Presumptive Legitime
1. Delivery of presumptive legitime of all common
children computed as of date of final judgment
without prejudice to ultimate successional rights of
children accruing upon death of either or both
parents
2. Shall be considered as advances on common
childrens legitime (Art. 51)

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2010 Centralized Bar Operation

Donation Propter Nuptias

1. Shall remain valid, 1. Shall remain valid, 1. Shall remain valid, 1. Donor is given option to
unless donee unless donee unless donee revoke or not, if donor
contracted marriage contracted marriage in contracted marriage decides to revoke, must do so
in bad faith, in which bad faith, in which case, in bad faith, in within 5 years from finality of
case, donation to donation to said donee which case, decree
said donee shall be shall be revoked by donation to said 2. But if ground for legal
revoked by operation operation of law. donee shall be separation is sexual infidelity
of law. 2. If both spouses of revoked by (adultery or concubinage),
2. If both spouses of subsequent marriage operation of law. donation between persons
subsequent marriage acted in bad faith, (Art. 43(3)) guilty thereof at time of
acted in bad faith, donations propter 2. No conflict with Art. donation is void (Art.
donations propter nuptias made by one in 86(2) as such does 739(1)NCC)
nuptias made by one favor of the other are not require that
in favor of the other revoked by operation of marriage be
are revoked by law (Art. 44) annulled first before
operation of law 3. If both spouses in good donor may revoke
faith, donor after finality donation donor
of decree may revoke has 5 years from
pursuant to Art. 86(1) time he had
4. If marriage not knowledge of lack
celebrated: of consent; cannot
a. Those stipulated in revoke if had
marriage settlement knowledge thereof
are void (Art. 81) before the marriage
b. Those excluded (Sta. Maria,
from marriage Melencio Jr. S,
settlement or if no Persons and
such contract, may Family Relations
be revoked by Law, fourth Edition,
donor (Art. 86(1)) 2004)
3. Conflict with Art.
86(3) but Art. 43(3)
prevails more in
harmony with
general
purpose/intent of
act (Ibid.)
Insurance Policy
Innocent spouse may revoke designation of spouse in bad faith as beneficiary even if Innocent spouse may revoke
stipulated as irrevocable (Art. 43(4)) donations made by him or her in
favor of offending spouse as well
as designation of latter as
beneficiary even if stipulated as
irrevocable (Art. 64). Action to
revoke donation must be brought
within 5 years from finality of
decree
Succession
1. Spouse in bad faith disqualified to inherit from innocent spouse by testate or 1. Offending spouse disqualified
intestate succession from inheriting from innocent
2. If both spouses of subsequent marriage acted in bad faith, testamentary spouse by intestate
dispositions made by one in favor of the other are revoked by operation of law succession
(Art. 44) 2. Provisions in favor of
offending spouse made in the
will of innocent spouse are
revoked by operation of law
(Art. 63(4))

3
 San Beda College of Law
Persons and Family Relations
RIGHTS AND OBLIGATIONS BETWEEN
THE HUSBAND AND THE WIFE
1. Live together
Act of living together is a voluntary act
of the spouses which cannot be
compelled by any proceeding in court.
2. Observe mutual love, respect and fidelity
3. Render mutual help & support
4. Fix the family domicile
5. Joint responsibility for the support of the
family
a. Expenses shall be paid from the
community property
b. In the absence thereof, from income
or fruits of their separate properties
c. In the absence or insufficiency thereof,
from their separate properties
6. Joint management of the household
Exercise of Profession
General Rule: Both can engage in any lawful
enterprise or profession WITHOUT the
consent of the other.
Exception: The other spouse may object only
on valid, serious and moral grounds.
In case of disagreement, court shall decide
whether or not the objection is proper and the
benefit accrued to the family prior to the
objection or thereafter.
Rule if Business Benefited Family
1. Benefit accrued to family before objection
absolute community of property or
conjugal partnership is liable for
damages/obligations incurred
Exception: Separate property of erring
spouse shall be liable if profession is
seriously invalid and immoral, in which
case even if benefits actually accrued in
favor of the family
Exception to exception: When spouse has
knowledge of other spouses engagement
in an immoral activity, it is as if there was
actually no disagreement.
2. Benefit accrued after objection separate
property of spouse who did not secure
consent of other shall be solely liable
(Albano, Ed Vincent S., Persons and
Family Relations, Third Edition, 2006)
After objection by the innocent spouse,
any obligation incurred by the erring
spouse which redounded to the benefit of
the family shall be borne by the absolute
community of property or conjugal
property (Sta Maria, Melencio Jr. S.,
Persons and Family Relations Law, Fourth
Edition, 2004)
3. Creditors who acted in good faith are
protected if spouse transacted with
creditor without the consent of the other
but creditor had no knowledge thereof, the
absolute community of property or
conjugal partnership shall be liable.
PROPERTY RELATIONS BETWEEN THE
HUSBAND AND THE WIFE
Governed By:
1. Marriage settlements executed before
the marriage or ante nuptial agreements
2. Provisions of the Family Code
3. Local customs when spouses
repudiate absolute community
When parties stipulate in their MS that
local custom shall apply or that ACP
regime shall not govern but fail to
stipulate what property regime will be
applied
4. In the absence of local custom, rules
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 San Beda College of Law
2010 Centralized Bar Operation
on coownership will apply (Art. 74)
Commencement
It commences at the precise moment of the
celebration of the marriage. (Art. 88 for ACP
and 107 for CPG)
Marriage Settlement (MS)
It is a contract entered into by the future
spouses fixing the matrimonial property regime
that should govern during the existence of the
marriage.
In the absence of MS or when regime agreed
upon is void, ACP shall govern. (Art. 75)
Requisites: (BF-WASP)
1. Made before celebration of marriage
2. In writing (even modifications)
Oral MS is void and cannot be ratified
by any claim of partial execution or
absence of objection
Exception: If marriage is terminated by
death of one of spouses and surviving
spouse marries again without initiating
settlement of properties of previous
marriage within 1 year from death of
deceased spouse, mandatory regime
of complete separation of property
shall govern property relations of
subsequent marriage (Arts. 103 and
130)
3. Signed by the parties
4. Will not prejudice third persons unless
registered in the civil registry
5. Shall fix terms and conditions of their
property relations
6. Additional signatories/ parties
a. 18 21: parents or those required
to give consent must be made parties
to the MS, otherwise it shall be void
b. Civil interdictees & disabled: It is
indispensable for the guardian
appointed by court to be made a party
to the MS.
Note: It is argued by some law practitioners
and authors that while no person below 18 can
enter into a valid marriage and since the MS is
required to be executed before the marriage,
one below 18 may execute a MS as long as he
or she is 18 or above at the time of marriage.
5
Efficacy of marriage settlement (Art. 81)
General Rule: The Consideration of a MS is
the marriage itself. If the marriage does not
take place, the MS is generally void.
Exception: Stipulations in the MS that do not
depend upon the celebration of the marriage
shall be valid
General Rule: Property relations shall be
governed by Philippine laws, regardless of the
place of the celebration of the marriage or the
parties residence (Art. 80).
Exceptions:
1. If both spouses are aliens, even if married
in the Philippines
2. As to extrinsic validity of contracts
affecting property:
a. Not situated and executed in the
Philippines
b. Executed in the Philippines but
situated in the foreign country whose
laws require different formalities for
extrinsic validity
3. Contrary stipulation
Modification in Marriage Settlements
General Rule: Must be made before the
marriage, in writing, signed by parties
Exceptions: Can be made after the ceremony
in case of judicial separation of property during
the marriage:
1. In case of revival of former property
regime between reconciling spouses after
decree of legal separation has been
issued (Art. 66, 67)
2. Abandonment or failure to comply with
marital obligations (Art. 128)
3. Filing a voluntary and verified petition in
court to modify property regime into
separate community of property regime
pursuant to grounds provided in Art. 135
Donation by Reason of Marriage
 San Beda College of Law

Persons and Family Relations

Donations Propter Nuptias (DPN) are made by Art. 86 of the FC.

one spouse in favor of the other or by a
stranger. It is without onerous consideration,
the marriage being merely the occasion or
motive for the donation, not its causa. Being
liberalities, they remain subject to reduction for
inofficiousness upon the donors death, should
they infringe the legitime of a forced heir
(Mateo vs. Lagua, No. L-26270, October 30,
1969).
DPN of Encumbered Property
The donation is valid because the donor is still
the owner, even if it is encumbered. If
mortgage is foreclosed and sold at a lesser
price, donee is not liable for deficiency but if
sold for more, donee is entitled to excess (Art.
85).

Requisites: (COB)

1. Made before celebration of marriage Donations Propter Nuptias and Ordinary

2. In consideration of marriage Donations
3. In favor of one or both of the future
spouses DONATIONS ORDINARY
Additionally, in case of donation on PROPTER NUPTIAS DONATIONS
one of the would be spouses: (MOAC) Formalities
a. There must be a valid MS
Governed by the rules Governed by rules on
stipulating a property regime other on ordinary donations donations (Arts. 725
than ACP except that if future 773, NCC)
b. Donation in MS not more than property is donated, it
one-fifth (1/5) of present property must conform with
Limitation does not apply if formalities of wills
DPN is not included in MS but
contained in separate deed; Present Property
general rules on donation apply
May be donated but No limit except that
subject to limitation that no person
only up to 1/5 of donor shall leave
may give/ receive by way of donors present property enough for his
donation more than he may property if the spouses support
give/receive by will agree on a regime
c. Accepted by would be spouse other than absolute
d. Complies with requisites in Title II community
of Book II of Civil Code on
Donations Future property

May be included Cannot be included

Note: For donation of present property to be provided donation is
mortis causa
valid, the rules governing ordinary donations
under Title III of Book III of the Civil Code must Grounds for revocation
be observed.
Art. 86, FC Arts. 760, 764, & 765,
NCC

Please refer to Property on requisites for valid

donations.
Rule on Donation between Spouses during
Marriage
DPN of Future Property General Rule: VOID, either direct or indirect
donation
DPN of future property is allowed by way of
exception to Art. 751 of NCC which provides Rationale:
that donations cannot comprehend future
property. It is governed by law on testamentary 1. To protect unsecured creditors from being
succession both as to intrinsic and extrinsic defrauded;
validity. But said DPN cannot be revoked at
the will of the donor but only on the basis of

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 San Beda College of Law
2010 Centralized Bar Operation
2. To prevent stronger spouse from imposing
upon the weaker one the transfer of the
latters property to the former;
3. To prevent indirect modification of the
marriage settlement.
Exceptions:
1. Moderate gifts on occasions of family
celebrations
2. Donations mortis causa
Note: This rule also applies to persons living
together as husband and wife without a valid
marriage (Art.87).
The prohibition does not include a spouse
being the beneficiary of an insurance contract
over the life of the other spouse. (Gercio vs.
Sunlife Assurance Co. of Canada, G.R. No.
23703, September 28, 1925)
Grounds for Revocation (V-RALCN)
1. Marriage not celebrated or declared
Void ab initio except those made in MS
that do not depend on celebration of
marriage
If made by a stranger, action for
revocation may be brought under
ordinary rules on prescription: if in
writing, brought within 10 years and if
oral, within 6 years. (Albano, Ed
Vincent S., Persons and Family
Relations, Third Edition, 2006)
2. Marriage without parental Consent
3. Marriage is Annulled and donee is in
bad faith
4. Upon Legal separation, the donee
being the guilty spouse
5. Complied with Resolutory condition
6. Donee commits acts of Ingratitude as
specified by Art. 765 of NCC(Art. 86)
SYSTEMS OF PROPERTY REGIMES
Absolute Community of Property (ACP)
The property regime of the spouses in the
absence of a marriage settlement or when the
marriage is void. This is so because it is more
in keeping with Filipino culture.
It commences at the precise moment the
marriage is celebrated; any stipulation for the
commencement thereof at any other time is
void. The same applies to CPG.
7
Provisions on CO-OWNERSHIP apply to ACP
in all matters not provided by the Chapter on
ACP. (Art. 90)
General Rule: Community property shall
consist of all property owned by the spouses
at the time of the marriage or acquired
thereafter (Art. 91).
Exceptions: (BEG)
1. Property, including fruits and income
thereof, acquired before the marriage by
either spouse who has legitimate
descendants by a former marriage
2. Property for personal and exclusive use
except jewelry
3. Property acquired during the marriage by
gratuitous title, including fruits and income
thereof, except when the donor, testator or
grantor expressly provides otherwise (Art.
92)
Presumption: Property acquired during the
marriage is presumed to belong to the
community, unless otherwise proven (Art. 93).
Note: No waiver of rights allowed during the
marriage except in case of judicial separation
of property. The waiver must be in a public
instrument and recorded in the office of the
local civil registrar where the marriage contract
was recorded as well as in the proper registry
of property (Art. 89 and 77). The same applies
to CPG.
Administration and Disposition of the
Community Property
General Rule: Administration shall belong to
both spouses jointly.
Exceptions:
1. In case of disagreement, husbands
decision shall prevail subject to the
recourse to the court by the wife for a
proper remedy within 5 years from date of
contract implementing such decision
2. In case one spouse is incapacitated or
unable to participate in the administration
of the common properties, the other
spouse may assume sole powers of
 San Beda College of Law
Persons and Family Relations
administration (Art. 96).
These powers do NOT include:
a. Disposition
b. Encumbrance
The same applies to CPG.
Note: The husband and wife are the joint
administrators of their properties forming part
of the conjugal partnership and absolute
community of properties. The right vested
upon them to of the conjugal assets does
not vest until the dissolution and liquidation of
the conjugal partnership. The sale by the
husband of property belonging to the conjugal
partnership or the absolute community without
the consent of the wife or authority of the court
is void (Abalos vs. Macatangay, G.R. No.
155043, September 30, 2004).
The transaction, however, shall be construed
as a continuing offer on the part of the
consenting spouse and the third person, until
acceptance by the other spouse or
authorization by the court before the offer is
withdrawn by either or both offerors. (Art. 96)
Either spouse may dispose by will of his or her
interest in the ACP (Art. 97)
Neither spouse may donate any community
property without the consent of the other but
either may, without the others consent, make
moderate donations for charity or on
occasions of family rejoicing or family distress.
(Art. 98) The same applies to CPG.
Rule on Games of Chance
Loss: Shall be borne by the loserspouse and
shall not be charged to the community
property
Winnings: Shall form part of the community
property (Art. 95)
Exception: If said ticket was gratuitously given
by a friend to a spouse, only upon express
provision of the donor will it be considered part
of the community property.
Note: The same applies to CPG.
Remedies of Present Spouse in case of
Abandonment by the Other Spouse
1. Receivership
2. Judicial separation of property
3. Authority to be the sole administrator of
the absolute community (Art. 101)
Note: Three (3) months disappearance or
failure to give within the same period any
information as to a spouses whereabouts shall
be prima facie presumption of abandonment of
the other spouse.
Grounds for Termination of Absolute
Community (Art. 99): (LADS)
1. Decree of legal separation
2. Annulment or declaration of nullity of
marriage
3. Death of either spouses
Surviving spouse shall liquidate ACP
within 1 year from death of deceased
spouse if no judicial settlement is
instituted, failure to do so upon lapse
of 1 year period makes any disposition
or encumbrance of ACP void
Mandatory regime of separation of
property governs subsequent
marriage of surviving spouse if he/she
fails to comply with liquidation of ACP
of previous marriage
4. Judicial separation of property
Note: The same applies to CPG.
Conjugal Partnership of Gains (CPG)
It is that formed by a husband and wife
whereby they place in a common fund the
proceeds, products, fruits and income of their
separate properties, and those acquired by
either or both spouses through their efforts or
by chance, the same to be divided between
them equally (as a general rule) upon the
dissolution of the marriage or the partnership.
(Art. 106)
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The CPG shall be governed by the rules on
the CONTRACT OF PARTNERSHIP in all that
is not in conflict with what is provided in the
chapter on CPG or by the spouses in their MS.
(Art. 108)
Before the presumption that properties
acquired during marriage is presumed
conjugal under Art. 116, there must be proof
that the property was acquired during the
marriage. This is a condition sine qua non for
the operation in favor of conjugal ownership
(Metrobank, et al. v. Tan, GR No. 163712,
November 30, 2006).
Properties under Conjugal Partnership
(L2C2 FONTI)
1. Obtained from labor, industry, work or
profession of either or both spouses
2. Livestock existing upon dissolution of
partnership in excess of number of each
kind brought to marriage by either spouse
3. Acquired by chance such as winnings
from gambling but losses therefrom shall
be borne exclusively by loser-spouse
4. Acquired during the marriage by onerous
title with conjugal funds
Damages for physical injuries inflicted
by a third person are exclusive
property (Lilius vs. Manila Railroad
Co. G.R. No. 42551 September 4,
1935)
Damages from illegal detention of
exclusive property pertains to CPG if
detention deprived the CP of the use
and earnings thereof (Bismorte vs.
Aldecoa, G.R. No. L-5586, December
10, 1910)
5. Fruits of the conjugal property during the
marriage
6. Acquired through occupation such as
fishing
7. Net fruits of their exclusive property
8. Share of either spouse in hidden treasure
(Art. 117)
9. Interest falling due during the marriage on
principal amount of credit belonging to one
spouse which is payable in partial
payments/ installments and collected
during the marriage (Art. 119)
9
Disposition of CPG
A wifes consent to the husbands disposition
of conjugal property does not always have to
be explicit or set forth in any particular
document, so long as it is shown by the acts of
the wife that such consent was indeed given
(Pelayo v. CA, G.R. No. 141323 June 8, 2005).
The sale of conjugal property requires the
consent of both spouses; otherwise the sale
shall be void, including the portion of the
conjugal property pertaining to the husband
who contracted the sale (Homeowners and
Savings Loan Bank vs. CA, GR No 153802,
March 11, 2005).
Exclusive Property of Each Spouse
(OGREC) (Art. 109)
1. That which is brought to the marriage as
his/her own, whether with or without
legitimate descendants
2. Acquired during the marriage by
gratuitous title
Property donated/left by will to
spouses, jointly with designation of
determinate shares, shall pertain to
donee-spouse as exclusive property;
in absence of designation, property
shall be divided between them but
shall belong to them exclusively (Art.
113).
If spouse does not accept his/her part
of the donation, accretion sets in favor
of the other spouse who will own all of
property donated as separate
property.
Accretion will not apply if donor so
provides or if there is designation of
determinate properties (i.e. house,
car).
If donation is onerous, charges shall
be borne by exclusive property of
donee-spouse, whenever advanced
by the CPG.
Retirement benefits, pensions,
annuities, gratuities, usufructs, and
similar benefits acquired by gratuitous
title are exclusive properties; if by
onerous title during marriage (i.e.
contributions to pension funds or
deduction from salaries of common
funds), they are CP (Art. 115).
 San Beda College of Law

Persons and Family Relations

3. Acquired by right of redemption, barter or

exchange with property belonging to either
spouse Accession if the cost of the improvement of
Ownership still belongs to person who the plus value is equal to or less than the
has right of redemption, even if value of the principal property at the time of
conjugal funds are used to redeem, the improvement, the entire property remains
subject to reimbursement the exclusive property of the spouse, subject
If separate property in addition to to reimbursement of the value of the cost of
conjugal funds were used as part of improvement
purchase price of a new property, the
new property shall be considered
conjugal
Note: The obligation to reimburse rests on the
4. Purchased with exclusive money of either
spouse upon whom ownership of the entire
spouse
property is vested. There is no obligation on
5. Principal amount of credit belonging to
the part of the purchaser of the property in
one spouse payable in partial payments/
case the property is sold by the owner-spouse
installments, which will be fully paid during
(Ferrer v. Ferrer, G.R. No. 166496, November
the marriage (Art. 119).
29, 2006)

Note: Transfer of administration of the Charges upon and Obligations of ACP and CP
exclusive property of either spouse does not
ACP (Art. 94) CPG (Art. 121)
confer ownership of the same (Rodriguez v. Support of the spouses, their common children, and
De la Cruz, G.R. No. L-3629, September 28, legitimate children of either spouse
1907). For illegitimate children, For illegitimate children,
support from separate support from separate
property of person property of person
obliged to give support. obliged to give support.
Property Bought on Installment (Art. 118) In case of insufficiency In case of insufficiency
or absence of separate or absence of separate
Property bought on installments paid partly property, ACP shall property, CP shall
from exclusive funds of the spouses and partly advance support, advance support,
from conjugal funds: chargeable to share of chargeable to share of
parent upon liquidation parent upon liquidation,
1. If full ownership was vested before the but only after obligations
marriage it shall belong to the buyer in Art. 121 have been
covered
spouse (ex: contract to sell, full payment
made during marriage using CP) Debts and Obligations Contracted During Marriage
2. If full ownership was vested during the
marriage it shall belong to the conjugal a. By the administrator spouse designated in
partnership (ex: contract of sale) MS/appointed by court/one assuming sole
administration
b. By one without the consent of the other
In both cases, there is reimbursement upon c. By one with the consent of other
liquidation. In (1), owner-spouse reimburses d. By both spouses
the CP. In (2), CP shall reimburse the owner-
For (a) and (b), creditor has burden of proving
spouse.
benefit to family and ACP/CPG chargeable to extent
of benefit proven, otherwise, chargeable to separate
property of obligor spouse
Improvement of Exclusive Property
For (c) and (d), benefit to family presumed
Reverse Accession if the cost of the
improvement resulted in the increase in value All taxes, liens, charges and expenses including
of more than the value of the principal property minor repairs upon ACP or CP
at the time of the improvement, the entire
property shall belong to CPG subject to Taxes and Expenses for Taxes and Expenses for
reimbursement of the value of the principal mere preservation mere preservation
property at the time of the improvement to the during marriage upon during marriage upon
separate property of separate property of
owner-spouse.
either spouse used by either spouse,
family regardless of whether

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used by family because The conjugal partnership is NOT liable for an

use and enjoyment of indemnity agreement entered into by the
separate property of the husband to accommodate a third party
spouses belong to the (Security Bank v. Mar Tierra Corp., GR No.
partnership
143382, November 29, 2006).
Expenses to enable either spouse to
commence/complete a professional, vocational or Steps in Liquidation of ACP and CPG
other activity for self-improvement
(Art. 102 and 129)
Value donated/promise by both spouses in favor of
common legitimate children for exclusive purpose of 1. Inventory of ACP or CPG properties and
commencing or completing professional or exclusive property of each spouse
vocational course or other activity for self-
improvement
Separate property included as it is
solidarily liable to creditors and will be
Expenses of litigation between spouses unless suit used to pay them if ACP or CPG is
found to be groundless insolvent
Should also include receivables from
1. Ante-Nuptial Debts For Ante-Nuptial Debts, each spouse for:
Chargeable to ACP same as ACP but in a. Amounts advanced for personal
if redounded to case of insufficiency of debts of each spouse
benefit of family separate property,
b. Support pendent elite of each
2. Personal debts not obligations enumerated
redounding to in Art. 121 must first be spouse
benefit of family satisfied before such c. For CPG, include value of
such as liabilities debts may be improvements constructed on
incurred by reason chargeable to the CP separate property
of crime or quasi- 2. Payment of ACP or CPG debts
delict, chargeable Must first pay out of the ACP or CP
to separate property, if insufficient, spouses
property of debtor
solidarily liable with separate
spouse
3. In case of properties
insufficiency of For CPG, must first reimburse spouse
separate property, for separate property acquired by CP
chargeable to ACP due to increased value thereof as a
but considered result of improvements thereon
advances 3. Delivery to each spouse of his/her
deductible from separate property if any
share of debtor- 4. For CPG, unless owner indemnified from
spouse upon
liquidation
whatever source, payment of loss or
deterioration of movables belonging to
either spouse that was used for the benefit
of the family
Note: The separate properties shall be
5. Division of net assets (for ACP) or net
solidarily and subsidiarily liable for the
profits (CPG), which are subject to
obligations if the community or conjugal
forfeiture
properties are insufficient.
6. Delivery of presumptive legitime, if any, to
the children
Benefits that might accrue to a husband in his
7. For CPG, adjudication of conjugal dwelling
signing a surety or guarantee agreement not in
and lot
favor of the family but in favor of his employer
corporation are not benefits that can be
Separation of Property
considered as giving a direct advantage
Takes place if expressly provided for in the MS
accruing to the family. Hence, the creditors
or by judicial order after the marriage (Art.
cannot go against the conjugal partnership
134)
property in satisfying the obligation subject of
the surety agreement. A contrary view would It may refer to present or future property or
put in peril the conjugal partnership property both, total or partial. If partial, ACP shall
by allowing it to be given gratuitously similar to govern properties not agreed upon as
cases of donation of conjugal partnership separate. (Art. 144)
property, which is prohibited.

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Persons and Family Relations
Separation of property may be effected
voluntarily or for sufficient cause, subject to
judicial approval.
A Compromise Agreement which was judicially
approved is exactly such a separation of
property allowed under the law. However, the
Court must stress that this voluntary
separation of property is subject to the rights
of all creditors of the conjugal partnership of
gains and other persons with pecuniary
interest pursuant to Article 136 of the Family
Code (Virgilio Maquilan vs. Dita Maquilan,
G.R. No. 155409, June 8, 2007).
Causes of Judicial Separation of Property:
(CLAPS)
1. Petitioners spouse has been sentenced
with a penalty which carries with it civil
interdiction;
2. Loss of parental authority of the
petitioners spouse as decreed by the
court;
3. Petitioners spouse has been judicially
declared an absentee;
4. Abandonment by the petitioners spouse
or failure to comply with the obligations to
the family as provided in Art. 101;
5. Spouse granted power of administration in
marriage settlement abused such power;
and
6. At the time of the petition, spouses are
separated in fact for at least 1 year and
the possibility for reconciliation is highly
improbable (Art. 135).
Note: In the cases provided for in (1-3),
presentation of final judgment against guilty/
absentee spouse is enough basis for grant of
degree of judicial separation of property.
Spouses may jointly file verified petition with
court for voluntary dissolution of ACP or CPG
and for separation thereof. (Art. 136)
During the pendency of the proceedings, the
ACP/ CPG shall pay for spousal and child
support (Art. 137).
The spouses contribute to the family expenses
PROPORTIONATELY with their income or in
case of insufficiency or default thereof, with the
current market value of their separate
properties. However, the liability of the
spouses to the creditors for family expenses is
SOLIDARY. (Art. 146)
Effects of Judicial Separation of Property
1. Dissolution and liquidation of
ACP/CPG
2. Liability of the spouses to creditors
shall be solidary with their separate
properties
3. Mutual obligation to support each
other continues except when there is legal
separation
4. Rights previously acquired by
creditors are not prejudiced
Revival of Former Property Regime
(Art. 141)
It shall be governed by Art. 67 and may be
filed in the same proceedings where
separation of property was decreed in any of
the following instances:
1. Termination of civil interdiction
2. Reappearance of absentee
3. Upon satisfaction of court that spouse
granted administration in the MS will not
abuse that power and authorizes
resumption of said administration
4. Return and resumption of common life
with spouse by the other who left the
conjugal home without decree of legal
separation
5. Restoration of parental authority
6. Reconciliation and resumption of common
life of spouses who had been separated in
fact for at least 1 year
7. Spouses agree upon joint petition to
revival of former property regime after
voluntary dissolution of ACP or CPG has
been judicially decreed
No voluntary separation of property
may thereafter be granted.
Property Regime of Unions without Marriage
Art. 147 Art. 148
Applicability
The following must In cases of cohabitation
concur: not falling under Art. 147.
Parties do not have the
1. Parties who are capacity to marry due to
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capacitated to some legal impediments descendants faith.

marry each other (i.e. adulterous 3. In their absence,
2. Live exclusively relationships and to the innocent
with each other as marriages which are party.
husband and wife bigamous, incestuous,
3. Without benefit of or void by reason of In all cases, forfeiture
marriage or under public policy under Art. takes place upon
void marriage 38) termination of
cohabitation
Salaries and Wages

Owned in equal shares Separately owned by the

parties. If any of them is Note: If at the time of the celebration of the
married, his/her salary is second marriage, there was a prior existing
the property of the CPG marriage and the spouses in the second
of the legitimate
marriage acquired properties, the same belong
marriage
to the conjugal partnership and there is a
Property Acquired By Either Exclusively By presumption of equal shares (Villanueva vs.
Own Funds Heirs of Romualdo Villanueva, July 21, 2006).

Belongs to such party Belongs to such party

subject to proof of Tender Loving Care Doctrine
acquisition by The relationship between a man and a woman
exclusive funds whose marriage was subsequently declared
null and void on the ground of psychological
Property Acquired by Both through their incapacity is governed by Art. 147 of the
Work/Industry
Family Code. Under this article, there exists a
Governed by rules on Owned by them in presumption that the contributions are equal.
co-ownership common in proportion to Even if one of the parties did not contribute
respective contributions materially to the common fund, but the said
party took care of the household, the other
Property Acquired While Living Together party and their common children, these acts
are considered the said partys contribution to
Presumed to be No presumption of joint the common fund (Buenaventura v.
obtained by their joint acquisition. When there Buenaventura, G.R. No. 127358 & 127449,
efforts, work, or is evidence of joint
March 31, 2005).
industry and shall be acquisition but none as
owned by them in to the extent of actual
equal shares. Efforts in contribution, there is a
care and maintenance presumption of equal
of family and sharing Note: Under Art. 148 there is no presumption
household considered of joint acquisition. It must be stressed that
contribution in actual contribution is required by this
acquisition. provision, in contrast to Art. 147 which states
that efforts in the care and maintenance of the
Forfeiture family and household, are regarded as
contributions to the acquisition of common
When only 1 of parties 1. If one of parties is property by one who has no salary or income
to void marriage is in validly married to
or work or industry. Under Art. 148, if the
good faith, share of another, his or her
party in bad faith in the share in the co- actual contribution of the party is not proved,
co-ownership shall be ownership shall there will be no coownership and no
forfeited: accrue to the CP or presumption of equal shares (Agapay v.
CPG existing in such Palang, G.R. No. 116668, July 28, 1997).
1. In favor of their valid marriage. Hence, mere cohabitation without proof of
common children. 2. If party who acted in contribution will not result in a coownership
2. In case of default bad faith is not validly (Tumlos vs. Fernandez, G.R. NO. 137650,
or waiver by any married to another, April 12, 2000).
or all common his/her share shall be
children or their forfeited in the same
descendants each manner provided for
vacant share shall in Art. 147
belong to 3. The above rules
HOWEVER, in the case of Abing v. Waeyan
respective apply even if both (G.R. No.146294, July 31, 2006) the Supreme
surviving parties are in bad Court ruled that any property acquired by

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 San Beda College of Law
Persons and Family Relations
common law spouses during the period of
cohabitation is presumed to have been
obtained thru their joint efforts and owned by
them in equal shares in the absence of proof
to the contrary. Rules on co- ownership govern
their property relations.
THE FAMILY
Basic social institution which public policy
cherishes and protects; hence, no suit
between members of the family shall prosper
unless a compromise between the parties has
failed.
Family Relation Includes that:
1. Between husband and wife
2. Between parents and children
3. Among other ascendants and
descendants
4. Among brothers and sisters whether full or
halfblood (Art. 150)
Mandatory Prior Recourse to Compromise
No suit between members of the same family
shall prosper UNLESS it appears from the
verified complaint or petition that earnest
efforts toward a compromise have been made,
and that the same have failed. If it is shown
that no such efforts were, in fact, made, the
case must be dismissed (Art. 151, NCC).
Exceptions:
1. When a stranger is involved in the suit
2. In cases where compromise is invalid
under the Civil Code: (CV JAFF)
a. Civil status of persons
b. Validity of marriage or a legal
separation
c. Jurisdiction of courts
d. Any ground for legal separation
e. Future support
f. Future legitime
Family Home
It is constituted jointly by the husband and wife
or by an unmarried head of a family; is the
dwelling house where they and their family
reside, and the land on which it is situated.
(Art. 152)
General Rule: The family home is exempt
from execution, forced sale or attachment.
Exceptions: (PLMN)
1. Debts incurred prior to constitution;
2. Debts due to laborers, mechanics,
architects, builders, material men and
others who have rendered service or
furnished materials for the construction of
the building;
3. Debts secured by mortgages on family
home;
4. Nonpayment of taxes on home (Art. 155)
Note: If ever the family home is subject of
an attachment, the beneficiaries thereof
have to move for the quashal of the writ of
attachment. If no motion for the quashal of
the writ or attachment or levy is filed, the
benefit of exemption is considered waived
(Honrado v. Court of Appeals, G.R. No.
166333, November 25, 2005)
Guidelines:
1. Constituted on the dwelling house of the
family and the land on which house is
situated
2. Deemed constituted from time of actual
occupation as a family residence
3. Must be owned by person constituting it
(may be either or both spouses or the
single head of a family)
4. Must be permanent
5. Rule applies to valid and voidable and
even to commonlaw spouses under
Articles 147 and 148
6. Continues despite death of one or both
spouses or unmarried head of the family
for 10 years, or as long as a minor
beneficiary lives therein (Art. 159).
Beneficiaries are:
a. Husband and wife or unmarried
person who is head of family
b. Their parents, ascendants,
descendant, brothers and sisters,
legitimate or illegitimate, who are living
in the family home and depend upon
head of family for legal support (Art.
153)
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c. In-laws, provided the home is jointly Paternity and filiation refers to the
constituted by husband and wife relationship existing between parent and child.
(Manacop vs. CA, G.R. No. 102855 Filiation may be by nature or adoption.
November 13, 1992) Children may be legitimate or illegitimate.

After 10 years and a minor beneficiary Legitimate and Illegitimate Children

still lives therein, the family home shall Distinguished
be preserved only until that minor
beneficiary reaches the age of Legitimate Illegitimate
majority. The intention of the law is to Conceived or born Conceived and born
safeguard and protect the interests of during a valid marriage outside a valid marriage
(Art. 164) or inside a void ab initio
the minor beneficiary until he reaches
marriage such as
the age of majority (Perla G. Patricio bigamous and
vs. Marcelino G. Dario III, G.R. No. incestuous marriages
170829, November 20, 2006). and marriage declared
void for being contrary
to law and public policy
(Art. 165)
7. Can constitute one (1) family home only.
Conceived or born Born after the decree of
before the judgment of annulment of a voidable
Note: The family home may be alienated, sold, annulment or absolute marriage
donated, assigned or encumbered by the nullity of marriage if
owners provided that the person who ground is psychological
incapacity (Art. 54)
constituted the same, his or her spouse and
majority of the beneficiaries of legal age give Born in a subsequent
their consent. (Art. 158) void marriage due to
failure to comply with
Art. 52 and 53 (Art. 54)

The family home cannot be the subject of Product of artificial

partition after the death of the father when they insemination provided
became co-owners. The family home is both spouses
shielded from immediate partition under Article authorized or ratified
159. The rights of the individual co-owner of such procedure in a
the family home cannot subjugate the rights written instrument,
executed and signed
granted under Article 159 to the beneficiaries
before birth of child and
of the family home. Hence, the prohibition in recorded (Art. 164)
Article 159 of the Family Code applies even if
the family home has passed by succession to Conceived or born of
the co- ownership of the heirs or even if it has mothers who might
been willed to anyone of them (Arriola v. have declared against
Arriola, G.R. No. 177703, January 28, 2008). its legitimacy or was
sentenced as an
adulteress (Art. 167)

Value of Family Home Legally Adopted

At the time of constitution, its actual value Legitimated: conceived

and born outside of
should not exceed P300,000 in urban areas
wedlock of parents
and P200,000 in rural areas. If it increases in without impediment at
value thereafter, it is still considered as family the time of conception
home. (Art. 157) and had subsequently
married

PATERNITY AND FILIATION

Rule on Children Conceived as a Result of
Artificial Insemination

The status of the child is legitimate if all the

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 San Beda College of Law
Persons and Family Relations
conditions are complied with. The fact that the
husband and wife did not authorize or ratify
the insemination in a written instrument which
they executed and signed before the birth of
the child is only a ground for impugning the
childs legitimate status.
Rules on Impugning Legitimacy
Grounds: (PBA)
1. Physical impossibility of the husband
to have sexual intercourse with his wife
within the 1st 120 days of the 300 days
immediately preceding the childs birth,
due to:
a. physical incapacity of the husband;
b. husband and the wife were living
separately; or
c. serious illness of the husband which
absolutely prevented sexual
intercourse
2. Biological or scientific proof that the
child could not have been that of the
husband; and
3. Written authorization or ratification of
either parent for artificial insemination was
obtained through mistake, fraud, violence,
intimidation or undue influence (Art. 166).
Prescriptive Periods:
One year, from knowledge of birth or recording
in the civil register, if husband or heirs live in
the SAME city/municipality
1. Two years, if both reside in the Philippines.
2. Three years, if the childs birth took place
or was recorded in the Philippines while
the husband has his residence abroad, or
vice versa (Art. 170)
Note: The question of legitimacy cannot be
collaterally attacked. It can be impugned only
in a direct action.
Parties
General Rule: Only the husband may impugn.
Exception: The heirs, if the husband dies
before the end of the prescription of the action,
or after filing complaint, or the child was born
after husbands death (Art. 171).
An assertion by the mother against the
legitimacy of her child cannot affect the
legitimacy of the child born or conceived within
a valid marriage. A mother has no right to
disavow a child because maternity is never
uncertain (Concepcion v. CA, GR No 123450,
August 31, 2005).
The death of the putative father does not ipso
facto negate the application of DNA testing for
as long as there exists appropriate biological
samples of his DNA. In such a case the
petitioner must show the impossibility of
obtaining an appropriate biological sample that
can be utilized for the conduct of DNA testing
(Estate of Rogelio Ong v. Diaz, G.R. No.
171713, December 17, 2007).
Rule on Status of Children Born after 300
days following Termination of Marriage
Requisites: (TSWBN)
1. First marriage terminated
2. Mother contracted subsequent
marriage
3. Subsequent marriage was contracted
within 300 days after termination of
previous marriage
4. Child was born
5. No evidence as to status of child
Rules as to Whom the Child Belongs:
1. To first marriage, if child was born
before the lapse of 180 days after
celebration of 2nd marriage, provided it was
born within 300 days after termination of
the 1st marriage.
2. To second marriage, if child was born
after 180 days following celebration of 2 nd
marriage, whether born within 300 days
after termination of 1st marriage or
afterwards (Art. 168).
Proof of Filiation
General Rule: Filiation of legitimate (or
illegitimate) children is established by any of
the following: (RA)
1. The record of birth appearing in the
civil registry or a final judgment
2. An admission of legitimate (or
illegitimate) filiation in a public document
or a private handwritten instrument and
signed by the parent concerned.
Exceptions: In the absence of any of the
foregoing evidence, such legitimate or
illegitimate filiation shall be proved by: (OA)
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 San Beda College of Law
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1. Open and continuous possession of
the status of a legitimate or illegitimate
child;
2. Any other means allowed by the Rules
of Court and special laws (Art. 172).
Baptismal certificate, judicial admission,
family bible, evidence of pedigree,
admission by silence, testimonies of
witnesses and other pieces of evidence
under Rule 130, Rules of Court may be
proofs of filiation (Cruz vs. Cristobal, G.R.
No. 148247,August 7, 2006).
In Dela Cruz vs. Garcia (G.R. No. 177728,
July 31, 2009), an autobiography of the
father was recognized as evidence of
filiation despite of the fact that it was not
even signed by the father, although it was
in the handwriting of the latter.
Action to Claim Legitimacy (Art. 173)
Who may claim:
1. Child exclusive and personal right of
child which may be brought anytime during
his lifetime
2. Transmitted to heirs of the child within a
period of 5 years in case
a. Child dies during minority
b. Child is in state of insanity
c. Child dies after action has already
been instituted
Action to Claim Illegitimacy (Art. 175)
When filiation of illegitimate child is
established by a record of birth in the civil
register or a final judgment, or an admission of
filiation in a public document or a private
handwritten instrument signed by the parent
concerned, the action for recognition may be
brought by the child during his lifetime. If the
action is based upon open and continuous
possession of the status of an illegitimate
child, or any other means allowed by the rules
or special laws, it may be only brought during
the lifetime of the alleged parent (Michael C.
Guy, vs. CA, G.R. No. 163707, September 15,
2006).
The right to claim for status is NOT
transmissible to the heirs.
17
Notes:
Continuous does not mean that the
concession of status shall continue forever
but only that it shall not be of an intermittent
character while it is continuous. The
possession of such status means that, the
father has treated the child as his own,
directly and not through others,
spontaneously, and without concealment,
though without publicity. There must be a
showing of permanent intention of the
supposed father to consider the child as his
own by continuous and clear manifestation
of paternal affection and care (Mendoza vs.
CA, G.R. No. 86302 September 24, 1991).
The paternal affection and care must not be
attributed to pure charity. Such acts must
be of such a nature that they reveal not
only the conviction of paternity, but also the
apparent desire to have and treat the child
as such in all relations in society and in life,
not accidentally, but continuously (Jison
vs. CA, GR. No. 8454, April 13, 1956).
If the unsigned record of birth can be a proof of
filiation of the child, it would be easy for a
woman to vest legitimate status to an
illegitimate child. Hence, an unsigned record of
birth cannot be used as proof of filiation (Reyes
v. Court of Appeals, GR. 39537, March 19,
1985).
Rights of Children
Legitimate Illegitimate
Use of father & mothers Use of mothers
surname surname
Note: However, R.A.
9255 amended Art.
176, FC
Receive support from Receive support only
ascendants or up to grandparent and
descendants of the same grandchildren
line.
Entitled to the legitime in Legitime is of the
succession legitime of a legitimate
child
Right to inherit ab No right to inherit as
intestato from legitimate such
children and relatives of
his father and mother
R.A. 9255
 San Beda College of Law

Persons and Family Relations

An Act Allowing Illegitimate Children to use the

surname of their Father, amending for the
purpose Article 176 of EO No. 209, otherwise
known as the "FAMILY CODE OF THE
PHILIPPINES". Approved February 24, 2004.

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Illegitimate children may use the surname
of their father if:
1. Their filiation has been expressly
recognized by the father through the
record of birth appearing in the civil
register, or
2. When an admission in a public document
or private handwritten instrument is made
by the father;
Provided, that the father has the right to
institute an action before the regular courts to
prove non-filiation during his lifetime.
Legitimation
It is a remedy by means of which those who in
fact were conceived and born outside of
wedlock and should therefore be considered
illegitimate are by fiction considered legitimate.
It shall take place only by the subsequent valid
marriage between the biological parents.
Requisites: (NIM)
1. The child is illegitimate.
2. The parents at the time of the childs
conception are not disqualified by any
impediment from marrying each other or
were so disqualified only because either or
both of them were below eighteen (18)
years of age.
3. There is a valid marriage subsequent to
the childs birth.
Note: Children born out of wedlock to parents
who were not allowed by law to marry for
being minors are now qualified for legitimation.
This has been made possible by Republic Act
No. 9858, which was approved on December
20, 2009 and has amended Article 177 of the
Family Code of the Philippines. Previously,
Article 177 stated that only children born out of
wedlock to parents who were not disqualified
from getting married at the time of conception
could be legitimized. Legitimation would
automatically take place upon marriage of the
parents. Moreover, couples who had children
when they were below the marrying age would
not need to go through the process of having
to adopt their own offspring just so their kids
could enjoy the rights of legitimate children.
The annulment of a voidable marriage shall
not affect the legitimation.
19
Note: Legitimation may be impugned only by
those who are prejudiced in their rights, within
5 years from the time their cause of action
accrues, that is, from the death of the putative
parent.
ADOPTION
Domestic Adoption Act of 1998 (R.A. 8552)
Who may adopt: (CLEPONG)
1. Filipino Citizen:
a. Of legal age
b. In a position to support and care for
his/her children in keeping with the
means of the family
c. Good moral character
d. In possession of full civil capacity or
legal rights
e. At least 16 years older than the
adoptee, except when:
i. Adopter is the biological parent of
the adoptee
ii. Adopter is the spouse of the
adoptees parent
f. Has not been convicted of any crime
involving moral turpitude
g. Emotionally and psychologically
capable of caring for children
2. Alien (CLEPONG-DELLS)
a. Same qualifications as a Filipino
b. Country has diplomatic relations with
the Phil.
c. Has been living in the Phil. for at least
three (3) continuous years prior to the
application for adoption and maintains
such residence until the adoption
decree is entered, except when
i. A former Filipino citizen seeks to
adopt a relative within the 4 th
degree of consanguinity or affinity
ii. One who seeks to adopt the
legitimate son/daughter of his/her
Filipino spouse
iii. One who is married to a Filipino
citizen and seeks to adopt jointly
with his/her spouse a relative
within the 4th degree of
consanguinity or affinity of the
Filipino spouse
d. Certified to have legal capacity to
adopt by his/her diplomatic or consular
office but certification may be waived
in the same instances for waiver of
residency requirement in (c)
e. Certified by said office that his
 San Beda College of Law
Persons and Family Relations
government allows the adoptee to
enter his country as his adopted child
3. Guardian (TC)
a. After termination of the guardianship,
with respect to the ward, and
b. Clearance of his/her financial
accountabilities
PreAdoption Services
The DSWD shall provide for the following
services:
1. Counseling services for
a. biological parents,
b. prospective adoptive parents and
c. prospective adoptee
2. Exhaust all efforts to locate the unknown
biological parents
Rule on Adoption by Spouses
General Rule: The husband and the wife shall
JOINTLY adopt.
Exceptions: (LIS)
1. One spouse seeks to adopt the legitimate
child of the other spouse
2. One spouse seeks to adopt his/her own
illegitimate child with the consent of the
other spouse
3. The spouses are legally separated
Who May Be Adopted: (DARILL)
1. Any person below 18 years of age who
has been voluntarily committed to the
DSWD under P.D. 603 or judicially
declared available for adoption
2. Legitimate child of the other spouse
3. Illegitimate child of a qualified adopter to
improve the childs status
4. A person of legal age, who, prior to the
adoption, has been consistently
considered by the adopter as his/her own
child since minority;
5. Child whose adoption has been previously
rescinded
6. Child whose biological or adoptive parents
have died, provided that no proceedings
shall be initiated within 6 months from the
time of death of said parents
Consent in Adoption (BAILS)
The written consent of the following is
required:
1. The adoptee, if he is 10 years of age or
older;
2. Known biological parents or legal
guardians or proper government
instrumentality which has legal custody of
the child;
3. Legitimate/Adopted children, 10 years old
or over, of the adopter;
4. The illegitimate children, 10 years old or
over, of the adopter if living with the
adopter and the latter's spouse;
5. Spouse of the adopter and adoptee
Note: An alleged capability to support an
adoptee through the help of another person
was denied by the SC. It was held that
adoption is personal between the adopter and
adoptee. The former should be the one
capable of providing financial support to the
latter (Landingin vs Republic, GR No 164948,
June 27, 2006).
Sec.9 of R.A. 8552 provides that if the written
consent of the biological parents cannot be
obtained, the consent of the legal guardian
must be sought. If as claimed by the petitioner,
the biological mother of the minors had indeed
abandoned them, she should have adduced
the written consent of their legal guardian, but
she did not. To dispense with the requirement
of written consent, the abandonment must be
shown to have existed at the time of adoption
and evinces a settled purpose to forego all
parental duties. Indeed the natural right of a
parent to his child requires that his consent
must be obtained before his parental rights
and duties be terminated and re established in
the adoptive parents (Landingin vs. Republic,
GR No 164948, June 27, 2006).
Effectivity of Decree of Adoption
A decree of adoption shall be effective as of
the date the original petition was filed. This
applies also in case the petitioner(s) dies
before the issuance of the decree of adoption
to protect the interest of the adoptee.
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Note: Where the petition for adoption was
granted after the child had shot and killed a
girl, the SC did not consider the retroactive
effect of the decree of adoption so as to
impose a liability upon the adopting parents
accruing at the time when the adopting
parents had no actual or physical custody over
the adopted child. Retroactive effect may
perhaps be given to the granting of the petition
for adoption where such is essential to permit
the accrual of some benefit or advantage in
favor of the adopted child. To hold that
parental authority had been retroactively
lodged in the adopting parents so as to burden
them with liability for a tortuous act that they
could not have foreseen and which they could
have prevented would be unfair and
unconscionable (Tamargo vs. CA, 209 SCRA
518, G.R. No. 85044 June 3, 1992).
Middle Name of Adopted Child
The illegitimate child subsequently adopted by
his/her natural father is permitted to use as her
middle name the surname of her natural
mother for the following reasons:
1. It is necessary to preserve and maintain
the childs filiation with her natural mother
because under Art. 189 of the Family
Code, she remains to be an intestate heir
of the latter. To prevent any confusion and
needless hardship in the future, her
relationship or proof of that relationship
with her natural mother should be
maintained;
2. There is no law expressly prohibiting the
adopted to use the surname of her natural
mother as her middle name. What the law
does not prohibit, it allows; and
3. It is customary for every Filipino to have a
middle name, which is ordinarily the
surname of the mother (In the Matter of
the Adoption of Stephanie Nathy Astorga
Garcia, G.R. No. 148311, March 31,
2005).
Effects of Adoption: (SAL)
1. Severance of legal ties between the
biological parents and the adoptee, which
shall be vested in the adopters.
2. EXCEPTION: if the biological parent is the
spouse of the adopter
3. Adoptee shall be considered as a
legitimate child of the adopter(s) for all
21
intents and purposes.
4. In legal or intestate succession, the
adoptee and the adopter(s) shall have
reciprocal rights of succession without
distinction from legitimate filiation.
However, if there is a will, the rules on
testamentary succession shall be followed.
Rescission of Adoption - by ADOPTEE
ONLY
Grounds: (ASAR)
1. Attempt on the life of the adoptee
2. Sexual assault or violence
3. Abandonment and failure to comply
with parental obligations
4. Repeated physical or verbal
maltreatment by the adopter despite
having undergone counseling
An adoptee refused to use the surname of the
adopter though already adopted. The adopter
sought to rescind/revoke the Decree of
Adoption (DOA), but the Domestic Adoption
Act (R.A. 8552) which removes the right of
adopter to challenge the validity of the DOA
became effective. SC held that the adopter
may disinherit the adoptee, and that the latter
has the sole right to challenge the DOA
(Lahom v. Sibulo, GR No 143989, July 14,
2003).
Disinheritance of Adoptee by Adopter
Grounds: (Art. 919, NCC) (GAMM-CARD)
1. Groundless accusation against the testator
of a crime punishable by six (6) years or
more imprisonment
2. Found guilty of an attempt against the life
of the testator, his/her spouse,
descendants or ascendants
3. Causes the testator to make or changes a
testators will through violence,
intimidation, fraud or undue influence
4. Maltreatment of the testator by word or
deed
5. Conviction of a crime which carries the
penalty of civil interdiction
6. Adultery or concubinage with testators
spouse
7. Refusal without justifiable cause to support
the parent or ascendant
8. leads a dishonorable or disgraceful life.
 San Beda College of Law
Persons and Family Relations
Effects: (PAROS)
1. Parental authority of adoptees biological
parents or legal custody of DSWD shall be
restored if adoptee is still a minor or
incapacitated.
2. Reciprocal rights and obligations of the
adopter(s) and the adoptee to each other
shall be extinguished.
3. Amended certificate of birth of the adoptee
shall be cancelled and its original shall be
restored.
4. Succession rights shall revert to their
status prior to the adoption, but vested
rights shall not be affected.
Being a legitimate child by virtue of adoption, it
follows that the child is entitled to all the rights
provided by law to a legitimate child. The
adopted child remains an intestate heir of
his/her biological parents. Hence, she can well
assert her hereditary rights from her natural
mother in the future (In the matter of adoption
of Stephanie Nathy Astorga Garcia, GR No
148311 March 31, 2005).
InterCountry Adoption Act of 1995
(R.A. 8043)
The sociolegal process of adopting a Filipino
child by a foreigner or a Filipino citizen
permanently residing abroad where the
petition is filed, the supervised trial custody is
undertaken, and the decree of adoption is
issued outside the Philippines.
Who May Be Adopted
Only a legallyfree child may be the subject
of intercountry adoption
Note:
Legally-free Child a child who has been
voluntarily or involuntarily committed to the
DSWD of the Philippines, in accordance
with the Child Youth and Welfare Code.
No child shall be matched to a foreign
adoptive family unless it is satisfactorily
shown that the child cannot be adopted
locally.
There shall be no physical transfer of a
voluntarily committed child earlier than six
(6) months from the date of execution of
Deed of Voluntary Commitment except:
1. Adoption by a relative
2. Children with special medical
conditions
Who May Adopt:
1. Any alien or
2. Filipino citizen, both permanently residing
abroad
Conditions: (PD-CAN-JERQ)
1. At least 27 years of age and at least 16
years older than the child to be adopted, at
the time of the application unless the
adopter is:
parent by nature of the child to be
adopted or
spouse of such parent
2. If married, his/her spouse must jointly file
for the adoption
3. Capacity to act and assume all rights and
responsibilities of parental authority under
his/her national laws, and has undergone
the appropriate counseling from an
accredited counselor in his/her country
4. Has not been convicted of a crime
involving moral turpitude
5. Eligible to adopt under his/her national law
6. In a position to provide the proper care
and support and to give the necessary
moral values and examples to all his
children, including the child to be adopted
7. Agrees to uphold the basic rights of the
child as embodied under Philippine laws,
the U.N. Convention on the Rights of a
Child, and to abide by the rules and
regulations issued to implement the Inter
Country Adoption Act
8. Comes from a country with whom the
Philippines has diplomatic relations and
whose government maintains a similarly
authorized and accredited agency and that
adoption is allowed under his/her national
laws
9. Possesses all the qualifications and none
of the disqualifications under the Inter
Country Adoption Act and other applicable
Philippine laws
InterCountry Adoption Board
Acts as the central authority in matters
relating to intercountry adoption.
The Board shall ensure that all
possibilities for the adoption of the child
under the Family Code have been
exhausted and that intercountry adoption
is in the best interest of the child.
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Trial Custody: 6 months from the time of
placement
1. 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.
2. The adopting parent(s) shall submit to the
governmental agency or authorized and
accredited agency, which shall in turn
transmit a copy to the Board, a progress
report of the childs adjustment.
Notes:
1. If the preadoptive relationship is
found unsatisfactory by the child or the
applicant or both, or if the foreign adoption
agency finds that the continued placement
of the child is not in the childs best
interest, said relationship shall be
suspended by the Board and the foreign
adoption agency shall arrange for the
childs temporary care.
2. If a satisfactory preadoptive
relationship is formed between the
applicant and the child, the Board shall
submit the written consent to the adoption
to the foreign adoption agency within 30
days after receipt of the latters request.
3. A copy of the final decree of
adoption of the child, including certificate
of citizenship/naturalization whenever
applicable, shall be transmitted by the
foreign adoption agency to the Board
within 1 month after its issuance.
Presumption of Illegal Adoption: (CPEN)
1. Consent for adoption was acquired
through or attended by coercion, fraud,
improper material inducement
2. Procedures and safeguards provided
by law for adoption were not complied with
3. Has exposed or subjected the child to
be adopted to danger, abuse or
exploitation
4. No authority to effect adoption from
the Board
For a comprehensive discussion of the
procedural aspects of adoption, please refer to
A.M. No. 020602SC or the Remedial Law
Memory Aid.
23
SUPPORT
Support comprises everything indispensable
for sustenance, dwelling, clothing, medical
attendance, education and transportation in
keeping with the financial capacity of the
family (Art. 194).
It shall be in proportion to the resources or
means of the giver and to the necessities of
the recipient. (Art. 201) It shall be increased or
reduced proportionately, according to the
increase/ or reduction of necessities of the
recipient and the resources or means of the
person obliged. (Art. 202)
Support is rooted on the fact that the right and
duty to support, especially the right to
education, subsists even beyond the age of
majority (Estate of Hilario M. Ruiz vs. CA, G.R.
No. 118671, January 29, 1996).
Kinds: (LJC)
1. Legal one required or given by law;
2. Judicial required by the court to be given
whether pendente lite or in a final
judgment;
3. Conventional given by agreement.
Characteristics: (MR P2INE)
1. Personal
2. Intransmissible
3. Not subject to waiver or compensation
4. Exempt from attachment or execution
5. Reciprocal on the part of those who are by
law bound to support each other
6. Provisional character of support judgment
7. Mandatory
Persons Obliged to Support Each Other:
1. Spouses
2. Legitimate ascendants and descendants
3. Parents and their legitimate children, and
the legitimate and illegitimate children of
the latter
4. Parents and their illegitimate children, and
the legitimate and illegitimate children of
the latter
 San Beda College of Law
Persons and Family Relations
5. Legitimate brothers and sisters whether
full or halfblood (Art. 195)
Entitled to support to
the full extent under Art. 194 except
when the need for support of the
brother or sister, being of age, is due
to a cause imputable to claimants
fault (Art. 196)
For support of legitimate ascendants,
descendants (legitimate/illegitimate), brothers
and sisters (legitimate/illegitimate), only
separate property of person obliged to give
support shall be answerable. In the absence of
separate property, the CPG or ACP shall
advance support deductible from share of
spouse obliged upon liquidation. (Art. 197)
If legitimate descendants are the common
children of the spouse or legitimate children of
either spouse, the ACP or CPG shall be
principally charged for their support (Art. 94(1)
and Art. 121(1)). This is different from personal
support owing to them from the father or
mother as provided in Art. 194 and 197.
Order of Liability if Several Persons
Obliged To Give Support (SDAB)
1. Spouse
2. Descendants in the nearest degree
3. Ascendants in the nearest degree
4. Brothers and sisters (Art. 199)
If the obligation to give support falls upon two
or more persons, payment shall be divided
between them in proportion to their resources.
In case of urgent need and special
circumstances, the court may order only one
of them to furnish support provisionally subject
to the right to claim from the others the share
due them.
When two or more recipients at the same time
claim for support and the person legally
obliged to give does not have sufficient means
to satisfy all claims:
1. The order of liability provided by law
shall be followed.
2. If the concurrent obligees should be
the spouse and a child subject to parental
authority, the child shall be preferred. (Art.
200)
As to how the obligation to support can be
performed, Art. 204 provides that the person
obliged to give support shall have the option to
fulfill the obligation either by paying the
allowance fixed, or by receiving and
maintaining in the family dwelling the person
who has the right to receive support. The latter
alternative cannot be availed of in case there
is a moral or legal obstacle thereto (Ma. Belen
B. Mangonon vs. CA, G.R. No. 125041, June
30, 2006).
Demand for Support
Payment of the amount for support starts only
from the time support has been judicially or
extra-judicially demanded for the right to
support does not arise from the mere fact of
relationship but from imperative necessity
without which it cannot be demanded, and the
law presumes that such necessity does not
exist, unless support is demanded (Jocson vs.
Empire Insurance Co., G.R. No. L-10792, April
30, 1958).
Exemption from Attachment or Execution
The right to receive support as well as money
or property obtained as such support shall not
be levied upon on attachment or execution
(Art. 205). But in case of contractual support or
that given by will the excess in amount beyond
that required for legal support shall be subject
to levy on attachment or execution (Art. 208).
PARENTAL AUTHORITY (PA)
It is the sum total of the right of the parents
over the persons and property of their
unemancipated children. It is pursuant to the
natural right and duty of parents over the same
and it includes caring for and rearing of such
children for civic consciousness and efficiency
and the development of their moral and
physical character and well-being. (Art. 209)
Rules as to the Exercise of PA
1. Joint parental authority by the father
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and mother over the persons of their
common children. In case of
disagreement, the fathers decision shall
prevail unless there is a judicial order to
the contrary (Art. 211)
2. If the child is illegitimate, parental
authority is with the mother unless father is
certain and the illegitimate children are
living with the said father and mother who
are cohabiting without the benefit of
marriage or under a void marriage not
falling under Art. 36 and 53.
Note: An illegitimate child is under the parental
authority of the mother pursuant to Art 176 of
the Family Code. The recognition by the father
is not a ground for him to have parental
authority/ custody except for compelling
reasons like mothers unfitness to exercise
sole parental authority/ custody over the child
(Briones vs. Miguel, G.R. No. 156343 October
18, 2004).
Parental Preference Rule
The natural parents, who are of good moral
character and who can reasonably provide for
the child, are ordinarily entitled to custody as
against all other persons.
Rule in Case of Legal Separation of Parents
Parental authority is exercised by the parent
designated by the court.
Maternal Preference/ Tender Years Rule
General Rule: No child under 7 years of age
shall be separated from the mother.
Exception: When the court finds compelling
reason to order otherwise. Paramount
consideration in matters of custody of a child is
the welfare and wellbeing of the child.
Persons Exercising Substitute PA in
Default of Parents or Judicially Appointed
Guardian (Art. 216)
1. Surviving grandparent
2. Oldest brother or sister over 21 years of
age unless unfit or disqualified
3. Actual custodian unless unfit or
disqualified
25
The same order of preference shall be
observed when appointment of guardian over
property of child becomes necessary.
Persons Exercising Special PA over Minor
Children under their Supervision,
Instruction or Responsibility with Respect
to their Activities whether Inside or Outside
School (Art. 218)
1. School
No distinction between academic or
non-academic
2. Administrators and teachers
3. Individual, entity or institution engaged
in child care
Liability
Vicarious Liability or Imputed Negligence
-Parents and other persons exercising PA shall
be civilly liable for injuries and damages
caused by acts or omissions of their
unemancipated children living in their
company and under their PA subject to
appropriate defenses provided by law. (Art.
221)
Persons Exercising Special PA shall be
principally and solidarily liable for damages
caused by acts or omissions of the
unemancipated minor. The parents, judicial
guardians or persons exercising substitute PA
shall be subsidiarily liable. But liability will not
attach if it is proved they exercised the proper
diligence required under the particular
circumstances. (Art. 219)
Note: Parental authority and responsibility are
inalienable and may not be transferred and
renounced except in cases authorized by law.
Parents may exercise Parental Authority over
their childs property
Kinds of Properties of a Minor
Adventitious Profectitious
Earned or acquired by Property given by the
the child through his parents to the child for
 San Beda College of Law

Persons and Family Relations

work or industry by the latter to administer Error in an Entry and/or Change of First Name
onerous or gratuitous title or Nickname in the Civil Registrar without
Need of a Judicial Order, Amending For This
Owned by the child Owned by the parents Purpose Arts. 376 And 412 Of The Civil Code)

Child is also the Parents are the

usufructuary, but the usufructuary
childs use of the
property shall be
secondary to the
collective daily needs of
the family

Property administered by Property administered

the parents by the child

Grounds for Suspension of PA: (CHOBAN)

1. Conviction of a crime with the penalty of

civil interdiction
2. Harsh or cruel treatment against the child
3. Orders, counsel and example which are
corrupting, given by the person exercising
authority
4. Child is compelled to beg
5. Subjecting child or allowing child to be
subjected to acts of lasciviousness,
6. Negligence, which is culpable, committed
by the person exercising authority (Art.
231)

Termination of Parental Authority

Permanent Temporary
Death of the parents Adoption of the child

Death of the child Appointment of a

general guardian

Emancipation of the child Judicial declaration of

abandonment

If child is subjected to Final judgment

sexual abuse (Art. 228) divesting the parents of
parental authority

Judicial declaration of
absence or incapacity
of the parents
exercising parental
authority over the child
(Art. 229)

Change of First Name or Nickname Under

R.A. 9048 (An Act Authorizing City or
Municipal Civil Registrar or the Consul
General to Correct a Clerical or Typographical

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Authority to Correct Clerical or
Typographical Error and Change of First
Name or Nickname:
General Rule: No entry in a civil register shall
be changed or corrected without a judicial
order
Exceptions: Administrative Proceeding for
Change of First Name or Nickname and
Clerical or typographical errors
Exceptions to the exception: (SANS)
1. Sex
2. Age
3. Nationality
4. Status
Note: Correction or change can be made by
the concerned city or municipal civil registrar
or consul general in accordance with the
provisions of this Act and its implementing
rules and regulations.
The State has an interest in the names borne
by individuals and entities for purposes of
identification. A change of name is a privilege,
not a right. Petitioner must show proper or
reasonable cause or any compelling reason
which may justify such change. (Silverio v.
Republic, G.R. NO. 174689, October 22,
2007).
Grounds for Change of First Name or
Nickname: (HAR)
1. First name or nickname is ridiculous,
tainted with dishonor or extremely difficult
to write or pronounce;
2. New first name or nickname has been
habitually and continuously used by the
petitioner and he has been publicly known
by that first name or nickname in the
community; or
3. The change will avoid confusion
Note: R.A. 9048 does NOT sanction a change
of first name on the ground of sex
reassignment. To rule otherwise may create
grave complications in the civil registry and
public interest (Republic v. CA, GR NO.
97906, May 21, 1992).
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Middle names serve to identify the maternal
lineage or filiation of a person as well as
further distinguish him from others who may
have the same given name and surname as
he has. The dropping of the middle name of a
minor so that he will not be different from his
classmates in Singapore and on the additional
ground that it would cause confusion and
difficulty in its pronunciation in Singapore does
not constitute proper and reasonable cause to
drop it from his registered complete name. As
he is of tender age, he may not yet understand
and appreciate the value of the change of his
name and granting of the same at this point
may just prejudice him in his rights under our
laws (In Re: Petition for Change of Name
and/or Correction/Cancellation of Entry in Civil
Registry of Julian Lin Carulasan Wang vs.
Cebu City Civil Registrar, G.R. No. 159966,
March 30, 2005).
Please refer to Remedial Law Memory Aid for
a comprehensive discussion of the procedural
aspects of change of name.
CITIZENSHIP AND DOMICILE
CITIZENSHIP is the membership in a political
community which is more or less permanent in
nature. Article IV of 1987 Philippine
Constitution now governs the rule on
citizenship.
Modes of Acquiring Citizenship
1. Jus Sanguinis by blood, wherever
he may be born
2. Jus Soli by place of birth
3. Naturalization artificial means
(judicial or administrative) by which a state
adopts an alien and gives him imprint and
endowment of a citizen of that country
Domicile
For the exercise of civil rights and the
fulfillment of civil obligations, the domicile of
natural persons is the place of their habitual
residence. (Art. 50 NCC)
 San Beda College of Law

Persons and Family Relations

FUNERALS
Where a juridical person is created by law but
does not state its domicile, it is understood
that its domicile is the place where its legal
General Guidelines:
representation is made or where it exercises
its principal functions. (Art. 51 NCC) 1. Duty and right to make arrangement
for funerals is in accordance with right and
duty to support under Article 199, FC (Art.
Residence and Domicile Distinguished 305 NCC)
2. The funeral shall be in keeping with
Residence Domicile the social position of the deceased (Art.
Indicates a place of Denotes a fixed 306 NCC)
abode, whether permanent residence, 3. The funeral shall be in accordance
permanent or temporary which when absent, one with the expressed wishes of the
has the intention of deceased
returning a. In the absence of the expressed
wishes, his religious beliefs or
There can be several There can only be one
places of residence place of domicile
affiliation shall determine funeral rites
b. In case of doubt, the persons in Art.
No length of residence It is residence coupled 199, FC shall decide, after consulting
without intention of with intention to remain other members of the family (Art. 307
remaining will constitute for an unlimited time NCC)
domicile 4. Any person who disrespects the dead
or allows the same or wrongfully interferes
with a funeral shall be liable for damages
(Art. 309 NCC)
5. If the deceased is married, the
tombstone or mausoleum is deemed a
Elements of Domicile part of the funeral expense and
chargeable against ACP or CPG (Art. 310
1. Physical presence in a fixed place
NCC)
2. Intention to remain permanently in
said place (animus manendi)

ABSENCE
Kinds of Domicile

1. Domicile of origin Given by law to a

person at birth. ABSENCE is the legal status of a person who
Can only be lost has absented himself from his domicile and
2. Domicile of choice the domicile whose whereabouts and fate are unknown, it
freely chosen by a person sui juris. not being known with certainty whether he is
3. Constructive domicile assigned to a still living or not.
child by law after his birth on account of a
legal disability like minority, insanity, etc.
Declaration of Absence
Requirements for the Acquisition of New Without Administrator With Administrator
Domicile
2 years from the lapse of 5 years, if the absentee
time without news about left an administrator to
1. Bodily presence in a new locality the absentee or since the his property from the
actual removal or actual change of receipt of the last news lapse of time without
domicile news about absentee
2. Intention to remain therein (animus or since the receipt of
manendi) the last news
3. Intention to abandon the old domicile
(animus non revertendi)

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There is no declaration of absence yet

but legal representative may be
Presumption of Death appointed only when urgent
representation is necessary and
(Arts. 390 to 392, NCC) applies only if no agent has been
appointed to represent the absentee
Extraordinary/ or agents authority has expired.
Ordinary Absence
Qualified Absence
The spouse is preferred as the legal
a. After absence of 7 For all purposes representative except when they are
YEARS, person including those of legally separated.
presumed dead for opening succession, a 2. Declared absence- When a person
all purposes except period of 4 YEARS, and
for those of opening for purposes of
disappears from his domicile, and 2 years
succession remarriage of the have elapsed without any news about him
b. Absence of 10 spouse present, a or since the receipt of the last news, or 5
YEARS, person period of 2 YEARS, are years have elapsed in case he left a
presumed dead for sufficient under the person to administer his property.
purposes of opening following An administrator for the absentee may
succession except if circumstances: be appointed from among the
he disappeared after following:
the age of 75, in a. Person on board a
vessel lost during
a. Spouse present
which case, a period
of 5 years is a sea voyage or b. Testate or Intestate heirs
sufficient an airplane which c. Other persons subordinated to
c. Absence of 4 is missing; period rights by death.
YEARS, person is counted from The administration shall cease when:
presumed dead for the loss of the a. Absentee reappears personally or
purposes of vessel or airplane through an agent
remarriage of the b. Person in the b. Death is proven
spouse present armed forces who
c. Third person appears and shows
had taken part in
war proof that he acquired absentees
c. Person in danger property when absentee was still
of death under alive.
other 3. Presumptive Death- When the
circumstances and absentee is presumed dead.
his existence has
not been known The legal requirement on the need for judicial
declaration of presumptive death does not
Note: A well- founded belief that the absentee apply to a marriage celebrated under the (Old)
is already dead is required before an absent Civil Code as the law itself presumed as dead
spouse may be declared presumably dead. the spouse who disappeared for a period of
The requisites are: seven (7) years where the present spouse has
no news of the absentee being alive or for less
1. Absent spouse has been missing for 4 than seven (7) years where the absentee was
years or 2 consecutive years if the generally presumed dead (Valdez vs.
disappearance is under art. 391 of the Republic, G.R. No. 180863, September 8,
Civil Code; 2009). Hence, proof of well- founded belief is
2. Present spouse wishes to marry; not required.
3. Present spouse has a well- founded belief
that the absent spouse is dead;
4. Present spouse files a summary
proceeding for the declaration of
presumptive death of the absent spouse
(Republic vs. Nolasco, G.R. NO. 14053,
March 13, 1993).
Different Stages of Absence: (PDP)

1. Provisional absence- When a person

disappears from his domicile, his
whereabouts being unknown, without
leaving an agent to administer his
property.

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