San Beda College of Law

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Note: Date of effectivity of Municipal 8562-8563, December 17, 1955)

Ordinances is NOT covered by this rule but by 7. Unless the law otherwise provides
the Local Government Code. (Tañada vs. 8. Penal laws favorable to the accused.
Tuvera, supra).
Exceptions to the Exception: (E–I)

1. Ex Post Facto Laws

IGNORANCE OF THE LAW EXCUSES 2. Laws that impair obligation of contracts
NO ONE (Art. 3) (Asiatic Petroleum vs. Llanes, G.R. No. L-
25386, October 20, 1926)

Conclusive Presumption – every person is ACTS CONTRARY TO LAW (Art. 5)

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).
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)

NON RETROACTIVITY OF LAWS WAIVER OF RIGHTS (Art. 6)

(Art. 4)

General Rule: Rights can be waived.

General Rule: No retroactive effect.

Requisites for a valid waiver: (CUE–CF)

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Exceptions: (P UT NICE)
1. Full capacity to make the waiver.
2. Waiver must be unequivocal
1. Tax laws when expressly declared or is
3. Right must exist at the time of the waiver
clearly the legislative intent (Cebu Portland
4. It must not be contrary to law, public policy,
Cement vs. Coll. G.R. No. 18649, February
morals or good customs or prejudicial to a
27, 1965)
third person with a right recognized by law.
2. Interpretative statutes
5. When formalities are required, the same
3. Procedural or Remedial
4. Curative or Remedial statutes must be complied with.
5. Emergency laws
6. Laws creating new rights (Bona vs. Briones
G.R. No. L-10806, July 6, 1918; Exceptions: (C–PEN)
Bustamante et al. vs. Cayas, G.R. Nos. L-

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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.
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 Court’s
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.
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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.
RULE ON PERIODS
(Art. 13)
1. Years - 365 days, unless year is identified
2. Months - 30 days, unless month identified
3. Days – 24 hours
4. Nights-sunset to sunrise
5. Calendar week – Sunday to Saturday
6. Week – Count 7 days as indicated, not
necessarily Sunday to Saturday
 To count the period, first day is excluded,
last day is included.
Exception: Rule does NOT apply to
computation of age; each year is counted
based on birth anniversary.
Policy if the Last Day is a Sunday or a
Legal Holiday:
1. If the act to be performed within the period
is prescribed or allowed (1) by the Rules of
Court, (2) by an order of the court, or (3) by
any other applicable statute, the last day
will automatically be considered the next
working day.
2. If the act to be performed within the period
arises from a contractual relationship, the
act will become due despite the fact that the
last day falls on a Sunday or Holiday.
Applicable Laws
1. Penal Laws and laws of public security
(Article 14)
Territoriality rule governs regardless of the
nationality but subject to principles of
international law and to treaty stipulations.
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2. Laws relating to family rights and iii. If the parties are not of the same
duties, or to status, condition and legal nationalities, the law of the place of
capacity of persons. the perfection of the obligation
Nationality rule applies regardless of their shall govern its fulfillment;
place of residence. iv. If the above places are not
specified and they cannot be
deduced from the nature and
circumstances of the obligation,
Exception: Divorce validly obtained then the law of the passive subject
abroad by alien spouse capacitating him or shall apply.
her to remarry, the Filipino spouse shall
Lex Lex Rei Sitae Lex Loci
have capacity to remarry under Philippine Nationalii Celebrationis
law. (Article 26 (2) Family Code) Art. 15, CC Art. 16, CC Art. 17, CC

Citizenship Law of the Law of the place

is the basis place where where the
3. Laws on property (real and personal) for the property is contract was
Lex Rei SItae: The law of the country where determinin situated is the executed is the
the property is situated shall govern g the basis for basis for
property transactions. (Article 16 (1)) personal determining determining law
law law applicable applicable
applicable

Exception: Order and amount of Covers Covers both Covers only the
successional rights, intrinsic validity of family real and forms and
testamentary provisions, and capacity to rights and personal solemnities
succeed governed by the national law of duties, property (extrinsic validity)
status,
decedent. (Article 16 (2))
condition
and legal
capacity of
persons.
4. Laws on forms and solemnities
Lex Loci Celebrationis: Forms and
Exception: Exceptions: Exceptions:
solemnities of contracts, wills, and other
public instruments (extrinsic validity) shall Art. 26, (CIAO) 1. Art. 26, par. 1 of
be governed by the laws of the country in par. 2 of Family Code
which they are executed. (Article 17) Family  Capacity to 2. Intrinsic validity
succeed of contracts
Code
 Intrinsic
validity of
the will
Exceptions:  Amount of
succession
a. Marriage between Filipinos solemnized al rights
abroad shall be void though valid  Order of
abroad when void under Philippine succession
laws. (Article 26(1) FC)
b. Intrinsic Validity of Contracts: Validity is
determined by the following rules: Rules on Personal Law: Domiciliary Rule
i. The law stipulated by the parties and Nationality Rule Distinguished
shall be applied;
Domiciliary Rule Nationality Rule
Basis for determining Basis for determining
personal law of an personal law is his
individual is his CITIZENSHIP
ii. In default thereof, and the parties
DOMICILE
are of the same nationality, their
national law shall be applied;

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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
country’s 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
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
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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 person’s
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
(Art. 21)
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
(Art. 22)
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
2. Acquisition is undue and at the expense of
another, which means without just or legal
ground.
Accion in Rem Verso and Solutio Indebiti
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Solutio Indebiti a. Breach of constitutional and other

Accion In Rem Verso rights (Art. 32)
(Art. 2154)
b. Defamation, fraud, physical injuries
It is not necessary that Payment was made by
(Art. 33)
the payment be made by mistake is an essential
c. Refusal or failure of city or municipal
mistake, payment could element to maintain the
police to give protection (Art. 34)
have been made action for recovery.
d. Quasi-delict or culpa-aquiliana
knowingly and voluntarily
(Art.2177)
but nevertheless, there
would be recovery of Note: The Civil Code has SUPPLETORY
what has been paid application in matters governed by special laws.

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,
quasi–contract, crime or quasi–delict.

Note: For a more comprehensive discussion of

Articles 19-35, please see discussion thereof
under Torts.

PREJUDICIAL QUESTION CIVIL PERSONALITY

(Art. 36) Aptitude of being the subject, active or passive,

of rights and obligations.
General Rule: If both criminal and civil cases
are filed in court, the criminal case takes Juridical Capacity and Capacity to Act
precedence. Juridical Capacity Capacity To Act
Fitness to be the Power to do act with
Exceptions: subject of legal legal effects (Art. 37)
1. In case of prejudicial questions, the criminal relations (Art. 37)
case is suspended because the issues in
the civil case are determinative of the Passive Active
outcome of the criminal case.
 A prejudicial question is that which Inherent Merely acquired
arises in a case, the resolution of which
is a logical antecedent of the issue Lost only through death Lost through death and
involved therein, and the cognizance of other causes
which pertains to another tribunal (Yap
v. Paras, G.R. No. 101236, January 30, Can exist without Cannot exist without
1992). capacity to act juridical capacity

Requisites: (Section 7, Rule 111, Rules of Cannot be limited or Can be restricted,

Court) restricted modified or limited
a. Previously instituted civil action
involves an issue similar or intimately
related to the issue raised in the Theories on Capacity to Act
subsequent criminal action. Theory of General Theory of Special
b. The resolution of such issue Capacities Capacities
determines whether or not the criminal Applies to natural Applies to juridical
action may proceed. persons persons

2. Independent civil action granted by law This limits the power of

One has the ability to
(CD-QR) do all things with legal juridical persons only to
those that are

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effects except only in expressly conferred Note: The concept of provisional

those specific upon them or those personality CANNOT be invoked to obtain
circumstances where which can be implied
the capacity to act is damages for and in behalf of an aborted
therefrom or incidental child (Geluz vs. CA, G.R. No. L-16439, July
restrained
thereto
20, 1961).

Restrictions on Capacity to Act do not exempt

the incapacitated person from certain
When is a Child Considered Born:
obligations as when the latter arise from his
acts or from property relations such as
General Rule: For civil purposes, the fetus is
easements (Art. 38): (MID-PC)
1. Minority considered born if it is alive at the time it is
2. Insanity or imbecility completely delivered from the mother’s womb.
3. State of being deaf mute
4. Prodigality
5. Civil interdiction
Exception: If the fetus had an intrauterine life of
Modifications/ Limitations on Capacity to less than 7 months, it is NOT deemed born if it
Act (Art. 39): (FI3T P2A3D) dies within 24 hours after its complete delivery
1. Family Relations; from the maternal womb (Article 41).
2. Insanity;
3. Imbecility;
4. Insolvency;
5. Trusteeship; Presumption of Survivorship:
6. Penalty;
7. Prodigality; In case of doubt as to which of two or more
8. Age;
persons called to succeed each other died
9. Alienage;
10. Absence; and first:
11. State of being deaf-mute.
1. Whoever alleges the death of one prior to
the other, shall prove the same
Note: The consequences of the restrictions and 2. In the absence of proof, the presumption is
that the parties died at the same time and
modifications in a person’s capacity to act are
there shall be no transmission of rights from
provided by the Civil Code, other codes, special one another (Art. 43)
laws, and the Rules of Court.

NATURAL PERSONS 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
Beginning of Personality succeed each other, Rule 131, Sec. 3 (jj) of the
General Rule: Birth determines personality Rules of Court applies. Both are to be applied
(actual personality) (Art. 40). only in the absence of facts.

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)
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).

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provisions of their respective charters

and in its absence by the Corporation
Code

JURIDICAL PERSONS
FAMILY CODE

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. L–770 April 27, 1948).
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 is 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

Cessation of Civil Personality Special contract Merely a contract

1. If natural persons: by death (Art. 42) Social institution Merely a contract

 The effect of death upon the rights and
obligations of the deceased is Governed by law on Governed by law on
determined by law, contract, and by will marriage contracts
because some rights and obligations
survive the death of a person Not subject to
Generally subject to
2. If juridical persons: by termination of stipulations except in
stipulations
existence property relations
 Dissolution of private corporations is
governed by Title IV of the Corporation Legal capacity is
Minors may contract
Code required
thru their parents or
 Dissolution of corporations for public
interest or purposes is governed by the

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guardians or in some 2. Where a man’s promise to marry was the

cases by themselves proximate cause of giving herself unto him
in sexual congress and there is proof he
Contracting parties had no intention of marrying her, the
must only be two promise being a deceptive device,
Two or more parties
persons – one is a damages may be awarded pursuant to Art.
regardless of gender
female and the other is 21 NCC because of the fraud and deceit
a male behind it and the willful injury to her honor
and reputation (Baksh vs. CA, G.R. No.
Parties can fix a period 97336, February 19, 1993).
for its efficacy to be
Permanent Union ineffective after a few
years Essential Requisites of Marriage: (LC)

1. Legal capacity of the contracting parties,

Breach of obligations
of husband and wife
who must be a male and a female
does not give rise to an a. Eighteen years old or above
action for damages. b. Not under any impediment mentioned
Breach of ordinary in Arts. 37 and 38 (Art. 5)
The law provides
penal and civil contracts gives rise to 2. Consent freely given in the presence of a
sanctions such as an action for damages solemnizing officer (Art. 2)
prosecution for  No particular form required
adultery or
 Capable of intelligently understanding
concubinage and
proceedings for legal the nature and consequences of the act
separation.
Can be dissolved by Formal Requisites of Marriage: (ALM)
Can be dissolved only 1. Authority of the solemnizing officer
by death or annulment, mutual agreement and
by other legal causes 2. Valid Marriage License
not by mutual
agreement 3. Marriage ceremony where the contracting
parties appear before the solemnizing
officer, with their personal declaration that
Breach of Promise to Marry they take each other as husband and wife
General Rule: It is not by itself an actionable in the presence of not less than two
witnesses of legal age (Art. 3)
wrong (Hermosisima vs. CA L-14628,
September 30, 1960). One cannot seek specific Effects of: (Art. 4)
performance to compel marriage. 1. ABSENCE of essential or formal requisites:
The marriage is VOID AB INITIO (ex:
expired marriage license, marriage by way
of jest)
Exceptions: To be actionable, there must be
another act independent of the breach of Exception: Marriage is valid where either or
promise to marry which gives rise to liability as both parties believed in good faith that the
where there was financial damage, social solemnizing officer had legal authority to do
so when he had none at the time of the
humiliation, and moral seduction.
solemnization of the marriage (Art. 35(2))

2. DEFECT in any of the essential requisites:

The marriage is VOIDABLE (ex: consent
1. Mere breach of promise to marry is not an
obtained through force and intimidation)
actionable wrong; but to formally set a
wedding and go through all the
preparations and publicity, only to walk out
3. IRREGULARITY in any of the formal
of it when the matrimony is about to be
requisites: Does NOT affect the validity of
solemnized, is quite different. This is
the marriage BUT will hold the party
palpably and unjustifiably contrary to good
responsible for such irregularity civilly,
customs for which defendant must be held
criminally and administratively liable
answerable in damages pursuant to Art. 21
NCC. (Wassmer vs. Velez, No. L-20089,
December 26, 1964)

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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 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 officer’s 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)
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3. Incumbent members of the judiciary within
the court’s 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 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 vice–consuls
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
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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 country’s consul-
general assigned in the Philippines, if their
country’s 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. MTJ–00–1329, March
08, 2001)
 The 5–year period should be computed
on the basis of cohabitation as
11
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 5–year 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.
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 consul–general, consul or vice–
 San Beda College of Law
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consul
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))
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)
12
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 re–marry 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
re–marry. (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
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
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2010 Centralized Bar Operations
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: (BB–LAPIS)
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
13
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 one’s
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.
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2010 Centralized Bar Operations

(Noel Buenaventura v. CA, et al., G.R. No. psychological incapacity was not shown to be
127358, March 31, 2005) attended by gravity, juridical antecedence, and
incurability, deviating from Republic vs. CA and
Molina (1997) ruling, upon the Court’s
reasoning that the impositions of the Molina
Essential Elements: (MAVFFCCI)
case were inappropriate, as cases of
1. Mental condition psychological incapacity should be decided not
2. Applies to a person who is maritally on the basis of a priori assumptions, predictions
contracted to another or generalizations but according to its own
3. Marriage entered into with volition facts. Courts should interpret the provision on a
4. Failure to perform or comply with the case-to-case basis; guided by experience, the
essential obligations in marriage
findings of experts and researchers in
5. Failure to perform is chronic
6. Cause is psychological in nature psychological disciplines, and by decisions of
7. Cause is serious, with juridical church tribunals. The Molina doctrine has
antecedence, and must be incurable become a strait-jacket, forcing all sizes to fit into
8. Incapacity results in the failure of the and be bound by it. The Court in conveniently
marriage. applying Molina, has allowed diagnosed
sociopaths, schizophrenics, nymphomaniacs,
narcissists and the like, to continuously debase
Jurisprudential Guidelines (Molina
and pervert the sanctity of marriage.
Doctrine) (Republic v. Molina G.R. No.
108763, February 13, 1997): (PROBE PIG)

1. Plaintiff has burden of proof; The wife’s promiscuity and the psychiatrist’s
2. Root cause of the psychological incapacity
report that she was suffering from social
must be:
a. Medically or clinically identified personality disorder exhibited by blatant display
b. Alleged in the complaint: of infidelity, emotional immaturity, and
i. Sufficiently proven by experts irresponsibility cannot be equated with
ii. Clearly explained in the decision psychological incapacity (Dedel vs. Court of
3. Incapacity proven to be existing at the time Appeals, G.R. No. 151867, January 29, 2004).
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 Similarly, the husband’s alleged alcoholism,
obligations;
drunkenness, his habitual verbal and physical
6. Marital obligations refer to Art. 68–71,
220,221 and 225 of the FC; abuse of the wife, failure to support the latter
7. Interpretations of the National Appellate and her children, and unbearable jealousy, do
Matrimonial Tribunal of the Catholic Church not constitute psychological incapacity
of the Philippines while not controlling (Republic vs. Melgar, G.R. No. 139676,March
should be given great respect; 31, 2006).
8. Trial court must order the prosecuting
attorney or fiscal and the Solicitor General
to appear for the state.
In Marcos v. Marcos (GR. NO. 136490, October
19, 2000), the SC held that psychological
Note: The SC held in Te vs. Te (G.R. No.
incapacity may be established by the totality of
161793, February 13, 200) as decisive the
the evidence presented. The facts alleged in
psychological evaluation made by the expert
the petition and the evidence presented,
witness and thus ruled that the marriage of the
considered in totality, should be sufficient to
parties is null and void on the ground of both
convince the court of the psychological
parties’ psychological incapacity. The clinical
incapacity of the party concerned. (Bernardino
psychologist did not personally examine the
S. Zamora vs. CA, G.R. No. 141917, February
respondent, and relied only on the information
7, 2007)
provided by petitioner. Further, the

14
 San Beda College of Law
2010 Centralized Bar Operations
 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, like the exercise of a
profession or employment in a job (Tongol vs.
Tongol, G.R. No. 157610, October 19, 2007).
The new Rule promulgated by the SC on 4
March 2003 on Annulment and Declaration of
Nullity of Marriage dispensed with the
certification from the Solicitor General, stating
therein his reasons for his agreement or
opposition to the petition. Attachment of expert
opinions to the petition is also dispensed with
(Tongol vs. Tongol, G.R. No. 157610, October
19, 2007).
Rule on Declaration of Absolute Nullity of Void
Marriages and Annulment of Voidable
Marriages (A.M. No. 02- 11- 10 SC, March 15,
2003), provides option to the trial judge to refer
the case to a court- appointed psychologist/
expert for an independent assessment and
evaluation of the psychological state of the
parties, in order to assist the court to arrive at
15
an intelligent and judicious determination of the
case.
Note: Final judgment denying a petition for
nullity on the ground of psychological incapacity
bars a subsequent petition for declaration of
nullity on the ground of lack of marriage license.
There is res judicata (Mallion vs. Alcantara,
G.R. No. 141528, October 31, 2006).
Incestuous marriages, whether the
relationship is legitimate or illegitimate,
between (Art. 37):
1. Ascendants & Descendants of any degree;
2. Brothers & Sisters whether full or half–
blood
Those contrary to public policy contracted
between (Art. 38): (C-KA3PS3)
1. Collateral blood relatives whether
legitimate or illegitimate up to the 4th civil
degree
2. Step–parents & step children
3. Parents–in–law & children–in–law
4. The adopting parent & the adopted child
5. The surviving spouse of the adopting
parent & the adopted child
6. The surviving spouse of the adopted child
& the adopter
7. Adopted child & a legitimate child of the
adopter
8. Adopted children of the same adopter
9. Parties where one, with the intention to
marry the other, killed the latter’s spouse,
or his/her spouse.
 There is no need for conviction in a
criminal case of the guilty party. The
fact of killing committed by one of the
parties to the marriage can be proved
in a civil case
The following can now marry each other:
(LSG-CA)
1. Brother–in–law and sister–in–law;
2. Stepbrother and stepsister;
3. Guardian and ward;
4. Adopted and illegitimate child, parents and
relatives by consanguinity or affinity of the
adopter;
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5. Parties who have been convicted of March 15, 2003; but

adultery or concubinage. before such date, any
6. Collateral relatives by the half blood interested party can
do so

Void Subsequent Marriages

1. Without judicial declaration of nullity of Judicial Declaration of Nullity

previous void marriage (Art. 40)
2. Without judicial declaration of presumptive The absolute nullity of a previous marriage may
death of absent spouse (Art. 41) be invoked for purposes of remarriage on the
3. Where the absent spouse was presumed basis solely of a final judgment declaring such
dead, and both the present spouse and previous marriage void (Art. 40).
would–be spouse were in bad faith in  Remarriage is not the sole purpose of
contracting marriage (Art. 44) declaration of nullity of a marriage as it can
4. Failure to comply with Art 52 requiring the be declared void for other purposes
partition and distribution of properties and
delivery of children’s presumptive legitimes For purposes of remarriage, the only legally
which should be recorded in the acceptable basis for declaring a previous
appropriate civil registry and registry of marriage an absolute nullity is a final judgment
property after obtaining judgment for declaring such previous marriage void
declaration of nullity or annulment (Art. 53).  Parties to a marriage should not be
permitted to judge for themselves its nullity,
only competent courts having such
Note: Failure to record in the civil registry and authority. Prior to such declaration of
registry of property the judgment of annulment nullity, the validity of the first marriage is
or of absolute nullity of the marriage, partition beyond question (Landicho vs. Rolova L-
and distribution of the property of the spouses 22579, February 23, 1968).
and the delivery of the children’s presumptive  One who enters into a subsequent
marriage without first obtaining such
legitimes shall not affect third persons (Arts.
judicial declaration is guilty of bigamy. This
52–53). principle applies even if the earlier union is
characterized by statute as “void.” (Manuel
vs. People, G.R. No. 165842,November 29,
2005)
Void and Voidable Marriage Distinguished  Interestingly, in Lucio Morigo vs. People,
GR No. 145226, Feb. 6, 2004, the SC ruled
Void Voidable that a judicial declaration of nullity is NOT
Decree of nullity Decree of annulment NEEDED where NO MARRIAGE
CEREMONY at all was performed by a duly
Incapable of Ratified by free
authorized solemnizing officer, as where
ratification cohabitation
the parties merely signed a marriage
contract on their own without the presence
Can be attacked Can be attacked
of the solemnizing officer
directly or collaterally directly only
For purposes other than remarriage, such as
Co–ownership of Generally Conjugal
but not limited to determination of heirship,
properties through Partnership or
legitimacy or illegitimacy of a child, settlement
joint actual Absolute Community
of estate, dissolution of property regime or
contributions criminal case, other evidence is acceptable to
show the nullity of the marriage and the court
Always void Valid until annulled
may pass upon the validity of marriage so long
as it is essential to the determination of the case
Action for declaration Action prescribes
(Niñal vs. Bayadog, G.R. No. 133778, March
of nullity does not
14, 2000).
prescribe
 Collateral attack of marriage is allowed
Only the spouses can Those provided under
 In a case for concubinage, the accused
need not present a final judgment declaring
have their marriage Art. 47
his marriage void, for he can adduce
declared void starting
evidence in the criminal case of the nullity

16
 San Beda College of Law
2010 Centralized Bar Operations
of his marriage other than proof of a final
judgment declaring his marriage void
(Beltran vs. People, G.R. No. 137567, June
20, 2000).
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. L–23214, June 30, 1970)
. spouses, without prejudice to the fact of
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
17
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 latter’s reappearance
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
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.
 San Beda College of Law
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Notes:
 If the absentee reappears, but no step is
taken to terminate the subsequent
marriage either by affidavit or by court
action, such absentee’s 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: (UP–FAVS) 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. Non–disclosure 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.
18
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 and
not as to others
Requisites for annulment due to
Impotence: (CUPIN)
a. It exists at the time of the celebration of
the marriage;
b. It is permanent;
c. It is incurable;
d. It is unknown to the other spouse;
e. The other spouse must not also be
impotent.
Doctrine of Triennial Cohabitation –
Presumption that the husband is impotent
should the wife still remain a virgin for at
least 3 years from time spouses started
cohabiting.
6. Sexually transmissible disease of either
party found to be serious and appears to be
incurable.
Elements: (ESSA)
a. Existing at the time of marriage
 San Beda College of Law
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b. Sexually transmissible disease

c. It is serious; and
d. Appears incurable

The enumeration in Article 46 is EXCLUSIVE

(Anaya vs. Palaroan, GR. No. L–27930, November 26,
1970). Relative Anytime
before
guardian the death
Note: Misrepresentation as to character, or of either
health, rank, fortune or chastity is NOT a persons party
Free
ground for annulment. having
cohabita-
legal
tion after
charge
insane
of the
regains
insane
sanity
Persons Prescrip-
Grounds Ratifi- Insane During
Who tive
(F2I2NS) cation
May Sue Period spouse lucid
Force, Injured W/in 5 Free interval or
intimidati party years cohabita- after
on, or from the tion after regaining
undue time the disap- sanity
influence force, pearance
intimidati of force, Parent/ Anytime
on, or intimida- legal before
undue tion / guardian the “no
influence undue having consent”
ceased influence charge party
respect- of the reaches Free
tively “no– 21 cohabita-
Non–
consent” tion after
consent
Fraud Injured W/in 5 Free party reaching
party years cohabita- age of 21
from the tion even ”No W/in 5
discovery with full consent years
of fraud know- “ party after
ledge of reaching
21
facts
constitu- STD Injured W/in 5 No
ting the party years ratifica-
fraud after the tion since
celebratio defect is
Incapabi- Injured W/in 5 No n of the perma-
lity to party years ratificatio marriage nent.
consum- after the n since
mate celebratio defect is
n of the permanen
marriage t

Insanity Sane Anytime Free Note: Whichever comes first may convalidate
spouse before cohabita- the marriage: Cohabitation OR Prescription.
who has the death tion after
no know- of either insane
ledge of party regains
the sanity Additional Requirements for Annulment or
insanity Declaration of Nullity

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Prosecuting attorney or fiscal should:
1. Appear on behalf of the state
2. Take steps to prevent collusion between
the parties
3. Take care that evidence is not fabricated or
suppressed
Collusion
Public Prosecutor shall be ordered by the court
to investigate and to submit a report on whether
parties are in collusion when:
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. L–13553, February 23, 1960).
However, petitioner’s 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.
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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 children’s 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 other’s 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).
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Rule on Declaration of Absolute Nullity of
Void Marriages and Annulment of Voidable
Marriages (A.M. 00–11–01–SC)
 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: (SAMBA–LIPAD)
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
 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 subsequent
bigamous marriage; and
10. Sexual infidelity or perversion.
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 Sexual perversion includes engaging in
such behavior not only with third
persons but also with the spouse
Cooling–Off 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):
(C4–MP–DR)
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. L–13553, February
23, 1960).
 The act of the husband in having
sexual intercourse with his wife in spite
of his knowledge of the latter’s 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
of the case (Lapuz–Sy 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)
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Effects of Filing Petition: (LDS) Agreement of revival and motion for its approval
shall be filed in court in the same proceeding for
1. The spouses shall be entitled to live legal separation and shall be executed under
separately from each other
oath and shall specify:
2. In the absence of an agreement between
the parties, the court shall designate the
1. Properties to be contributed anew to
husband, the wife, or a third person to
restored regime;
manage the absolute community or
2. Those to be retained as separated
conjugal partnership property (Art. 61)
properties of each spouse;
3. The husband shall have no more right to
3. Names of all known creditors, addresses,
have sexual intercourse with his wife.
and amounts owing to each

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)
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 creditor’s claim.

Note: The wife who has been granted legal
separation cannot petition to be allowed to
revert to her maiden name.
Rule on Legal Separation (A.M. 02–11–11–
SC)
This took effect on March 15, 2003.

Even if the parents are separated de facto, still

This Rule shall govern petitions for legal
in the absence of judicial grant of custody to
one parent, both parents are entitled to the separation under the Family Code in the
custody of their child. The remedy of habeas Philippines; the Rules of Court shall apply
corpus may be resorted to by the parent who suppletorily.
has been deprived of the rightful custody of the
child (Salientes v. Abanilla, G.R. No. 162734, August 29,
2006).
Please refer to the Remedial Law Memory Aid
Note: A decree of legal separation, on the for the procedural provisions of the Rule.
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)

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