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lawmaking body in its discretion chooses to dispense the

CHAPTER 1: GENERAL PROVISIONS requirement of publication, then that law may be a valid law. While
ARTICLE 1: This Act shall be known as the “Civil Code of the the general rule is “laws shall take effect after 15 days after its
Philippines.” (n) complete publication, publication may be dispensed with at the
discretion of the lawmaking body. In other words, publication is a
Republic Act No. 386 – CIVIL CODE OF THE PHILIPPINES dispensable requirement.

 Main draft prepared by ROXAS Code Commission which was created What is the controlling doctrine?
via EO 48 March 20 1947 by Manuel Roxas where DR. Bocobo was
Chairperson. Tanada v. Tuvera 1986
 The 1947 Code Commission started on May 8 1947 and ended  A case filed by a group of militant of lawyers (MABINI– Movement
December 15, 1947. of Attorneys for Brotherhood, Integrity and Nationalism, Inc.)
headed by Senator Lorenzo Tanada, a prominent lawyer during his
Congress passed RA 386: An act to ordain and institute the Civil Code of time.
the Philippines on January 26, 1949  Tanada and his group went to the court to compel the
executive department to disclose or publish certain Presidential
ARTICLE 2: Laws shall take effect after fifteen days following the issuances by Pres. Marcos.
completion of their publication in the Official Gazette, unless it is  They argued that the due process clause of the constitution
otherwise provided. This code shall take effect, one year after such demands that these laws should be made known to the public.
publication. Before one can be prosecuted for violating a certain law, that law
must be made known to its subjects.
Supreme Court Ruling:
 Ordinary law  Gone are the days for secret laws. Due process demands that laws
 The civil code must come to the open in the clear light of the sun instead of sulking
NOTE: When a country is placed under martial law, the in their shadows with their deep, dark secrets.
law-making authority is ordinarily vested in the Chief  How are people supposed to comply with the laws they do not even
Executive or President or Commander-in-Chief who know about?
usually issues the following below --  Publication is an indispensable requirement before they can be
 General Orders (Codes) become effective, valid and binding.
 Presidential Decrees or Executive Orders (which may be  The publication must be in full or it is no publication at all, since its
similar to STATUTES) purpose is to inform the public of the contents of the laws. It must be
 Letters of Instruction or Letters of Implementation (which made in the Official Gazette, and not elsewhere, as a requirement for
may be similar to CIRCULARS) their effectivity after 15 days from such publication or after a
 Proclamations (which are announcements of important things different period provided by the legislature.
or events)
Years later, the SC deviated from the Tanada ruling in the case of
DATE OF EFFECTIVITY Philippine Veteran’s Bank Employees Union v. Vega.

o When the law provides for its effectivity. PVB Employees v. Vega 2001
 Vested in the power of congress is that they are able to  Involves the liquidation proceedings of the Philippine Veterans
provide for a shorter or a longer period than that of the Bank.
15-day period of effectivity of laws.  Liquidation proceedings – is a legal process prelude to the
eventual closure of a corporation. A process where a
Two views on the clause “unless otherwise provided” corporation undergoing financial difficulty is subjected to
winding up of its affairs where its assets are converted into
1. Requirement of publication cash to be used in paying its obligations to its creditors prior
2. Period of publication to its closure.
 The Central Bank, the government office tasked with the
Two schools of thought: duty to oversee the operations of banks, filed an action in
court for the liquidation of PVB. Some of the creditors of the
(1) The clause “unless otherwise provided” refers to the date of bank were the employees of the bank who were terminated
effectivity of the law and NOT to the requirement of publication, as a result of the liquidation proceedings.
which means that the legislature may in its discretion provide that  These employees were represented by their union, PVB
the usual 15-day period shall be shortened or extended but in no employees union. They filed a complaint before the liquidation
way can publication be dispensable. In the absence of a specific court claiming payment of their unpaid wages and other
period, Art 2 provides that it shall take effect after 15 days monetary benefits.
following the completion of the publication. The requirement of  During the pendency of the liquidation proceedings, a new law
publication should always be complied with. When the law is silent; was passed RA 7169 mandating the rehabilitation of the PVB.
then date of effectivity will be after 15 days following the  Rehabilitation – Be restored to its former condition. The bank
completion of its publication in the Official Gazette or in the will have to be re-operated. The purpose of the RA is
newspaper of general circulation. (Note: This is the later doctrine) diametrically opposed to the pending liquidation proceedings.
(2) The clause “unless otherwise provided” refers to the While liquidation is a prelude to death, rehabilitation is reviving
requirement of publication and NOT to the date of effectivity. a dying corporation.
Generally, all laws need to be published unless publication is
 The union filed a petition before the labor court asking for
dispensed with. It says that publication can be dispensed with, if the
reinstatement in the event that the bank is rehabilitated.
 They also filed a motion before liquidation court to stop b. But due to its limited readership, Pres. Aquino promulgated
proceeding with the liquidation because of the enactment of the Executive Order 200, June 18, 1987 modifying Article 2 of
new law. the Civil Code, to now provide for the publication of laws either
 Judge Vega refused and so the matter was brought up to the SC. in the Official Gazette or in a newspaper of general circulation in
 The Central Bank argued that RA 7169 took effect on March the Philippines as a requirement for effectivity.
10, 1992, 15 days following its publication. It appears that the II. But when does the publication deem provided? Does it refer to
law was published on February 24. Also, the law was signed by the actual release circulation or the day of issue?
Pres. Aquino on Jan 2, 1992.  It may happen that the Official Gazette may have the date
 Central Bank and the Board of liquidators view that RA 7169 of issue (e.g. June 2015) but it does not come out every
took effect only on March 10. day. It may happen that it may be published in the June
2015 issue will only be released on August 2015.
Supreme Court Ruling:  For purposes of computing 15 days after completion of
 It did not take effect on March 10, 1992. publication, when should the period of effectivity be
 While as general rule, publication is required for a law to reckoned with?
be effective and valid, the legislative body has the discretion
to provide for an exception as when the law itself provides that
it be effective upon approval of the president. The law is deemed
approved when it is signed by the president. (Sec 10 of RA 7169 Lara v. del Rosario
– This law shall take effect upon approval.)  This case involves the Civil Code of the Philippines.
 When the law provides that it be effective upon approval, there  The Civil Code provides for the date of effectivity one year after
is no need for publication because publication legally and completing its publication requirements.
physically comes after approval.  It came out on the June 1949 issue of the Official Gazette.
 Publication is not indispensable at all for the legislative  When did the Civil Code take effect?
body can dispense with the publication requirement in their
discretion. Supreme Court Ruling:
 Even assuming that publication is required before RA 7169 can  The Supreme Court said that the Civil Code of the Philippines took
be effective, the records show that this law was actually effect on August 30, 1950, one year from the time the Official
published. Therefore, it complied with the requirement of Art2. Gazette came out for circulation.
 The date of actual release is deemed to the date of publication.
LOGIC would tell us that presumably the later law supersedes the
earlier law. A basic rule in statutory construction would tell us that in However, this ruling has stirred controversy in the legal community
case of conflicting judicial decisions, the latter decision prevails over because it runs contrary to the provisions in the Revised Administrative
the former. Hence, the recent decision is the controlling decision. Code. Sec. 11 provides that for purposed of fixing the date of publication,
Main because when the court renders a decision today, it is presumed it expressly provides that the date of issue of the Official Gazette should
that it considered the decisions in the past. be the controlling date of publication.

However – Tanada should still be the controlling law w/ regards to  Wisdom of Sec. 11: if the date of publication will be reckoned on
publication due to the ff. justifications: the actual release of circulation, this will create uncertainty
1. Art 8, Sec. 4, par. 3 of the 1987 Constitution: no doctrine/ because not all people can be actually informed of the actual
legal principle rendered by SC En Banc may be rendered, release of publication. So to ensure a scenario so that there is a
modified, reversed IF not by SC En Banc. fixed date where one can reckon the date of publication, the date
 Tanada was ruled by Supreme Court En Banc while of issue must prevail.
the PVB v. Vega was decided by Supreme Court in  STILL, Lara v. del Rosario is the controlling doctrine. (Sir
division Torregosa: this rule must be circumscribed to only this case. This
2. Statement of SC in the decision in Phil Veteran’s only a must not be a binding precedent for future cases because Sec. 11
mere OBITER DICTUM. of the Revised Administrative Code has never been amended.)
 None of the parties in the case ever raised the issue of
What are the laws contemplated in Art. 2 of the Civil Code?
lack of publication nor did they challenge the validity
of RA 7169 on the ground that it was not published,
Laws that fall under Art.2 and therefore shall comply with the
and yet the SC made a statement about it. The
indispensable requirement of publication
only contention advanced by the respondents was
on the actual date of effectivity but never on the
1. Statutes (laws enacted by Congress)
validity of the law vis-à-vis the requirement of
2. Presidential Issuances (PDs, EOs, Presidential Memorandum,
Presidential Circulars)
 Obviously any discussion made by the SC involving
3. Administrative Rules and Regulations
the need of publication and its exception is more of an
 they are given quasi-legislative and quasi-judicial powers and trace
obiter dictum. Hence, it cannot be cited as an
its umbilical cord to the ever-changing society where laws cannot be
authority, not a binding precedent and neither can it
far behind
revoke the ruling of Tanada.
 laws are couched in general terms. Administrative bodies are tasked
to specify the small details that will enable the effective
When is there publication?
implementation of the law.
I. Mode of publication:  This contemplates a validly delegated legislative power
a. Before the amendment, the publication was to be done in the
Philippine International Trading Corp vs. Englis
Official Gazette.
 This involves an administrative order issued by PITC. PITC, used to  However, circulars which are mere statements of general policy as
be an independent administrative body, but now adjunct to the to how the law should be construed do NOT need presidential
Department of Trade and Industry. The primary purpose of PITC is approval and publication in the Official Gazette for their effectivity.
to implement the policy of the government on matters pertaining to Such a circular may be exemplified by Circular 22 of the Social
trade between the PH and foreign country. Security Commission.
 In this particular administrative order, trade agreements between  It is their way of interpreting the amendatory law. It is only the
the PH and the socialist countries (including PROC). expression of the SSC’s opinion.
 This admin order had the effect that all applicants for import permit
to the PROC, are required to present a confirmed export-program of Belonging to the same classification are those rules that are INTERNAL in
Philippine products to the PROC. The purpose is to balance trade nature. These are intended only to govern the internal affairs of that
between two countries. The amount you wish to import, should also administrative body and do not govern the general public. These are not
be the amount you export. considered laws, ergo, does not need publication.
 Among the applicants, Remington Industrial Sales and Firestone
Seven Inc. failed to comply with the required export program. Thus, 4. Judicial Decisions
they were not issued the import permits. Do Supreme Court decisions need to be published as well?
 Issue: Is this a constitutional administrative order?  Article 8 of the Civil Code: Judicial decisions applying or
 The attack of Remington and Firestone was that the administrative interpreting the laws or the Constitution shall for a part of the
order was grounded on two reasons: a) PITC has no authority to legal system of the Philippines
promulgate such order b) the admin order is not binding because it  What is contemplated under Article 2 are decisions of the
was not published in accordance with Article 2 of the NCC Supreme Court, NOT ANY OTHER COURT.
 Publication is a requirement for it to become binding. BUT
 The SC said, PITC. Being an administrative body, has the authority to GENERAL CIRCULATION.
promulgate such order pursuant to a validly delegated authority.
 However, the administrative order is not valid. Being in the nature Roy v. Court of Appeals
of a law, it requires publication as a pre-condition for it to become  Petitioner owns a burned building which collapsed and
effective. Unfortunately, it was not published. destroyed the tailoring shop occupied by the family of private
 It is not valid unless publication is complied. respondents, resulting to injury and the death of Marissa Bernal, the
Not all rules promulgated by administrative bodies partake of a law in  Private respondents have been warned by the petitioner to vacate
contemplation of Article 2. their shop because of its proximity to the weakened wall but they
failed to do so. RTC rendered judgment finding petitioner guilty of
 Distinguish: Rules and regulations for the purpose of gross negligence and awarded damages to the private
implementing the provisions of a law vs. rules and regulations respondents.
are opinions or interpretative in nature  Roy appealed the decision of the RTC before the CA but the CA
 There are circulars that are mandated by law that to be upheld the decision of the RTC.
rendered effective must be able to publish especially when  Roy appealed the decision of the CA and on September 9, the last
such circular is PUNITIVE in character. However, there are day of the fifteen-day period to file a motion for
circulars that need not be published when it covers internal reconsideration, petitioner filed a motion for extension of time
regulation only of offices and if they are mere interpretations to file a motion for reconsideration but was denied pursuant to
of general policies - the Habaluyas Enterprise. v. Japzon ruling. (15 day period is non-
Victoria’s Milling Corporation v. Social Security Commission,  Roy went to the SC, arguing that it was grave error on the part of the
 The Social Security Commission issued Circular 22 addressed to all CA to deny his motion for reconsideration and citing as basis the
covered employers. doctrine laid down in Habaluyas v. Japzon because such decision
 This Circular provides that in the computation of the employer and was never published in the OG or newspaper.
employees contribution to the system, the amount of bonuses,
allowances and overtime pay received by the worker shall be Supreme Court Ruling:
considered in the computation of the aggregate compensation. All  There is no law that requires decisions of the SC to be published in
remuneration the worker receives shall be computed as the base the OG or newspaper. It is the bounden duty of the lawyer to keep
figure. himself abreast of the latest decisions of courts as published in the
 Upon learning of this administrative circular, Victoria’s Milling advance reports of SC decisions or in the SCRA or law journals.
disagreed in the computation of the base compensation.  Decisions of the SC because they partake the nature of the law,
 It turns out that before this circular was promulgated, the old law need to be published but the publication requirement need not
excluded overtime pay, allowances and bonuses from the comply with the publication requirement of Art 2.
computation of aggregate compensation. And what was considered
was only the basic pay. This would mean that the employers’ 5. Local laws and ordinances
contribution would be lower than what was stipulated in the Need to be published for effectivity but just like judicial decisions,
circular. need not comply with the publication requirement prescribed in Art 2
 Victoria’s Milling assailed the validity of the circular on two (OG and newspaper) because insofar as ordinances are concerned, the
grounds: a) they questioned the authority of the SSC to promulgate law governing publication is the Local Government Code.
such circular and b) that is was not published. Mode of publication as per Art 59 of LGC: Shall take effect 10 days after a
copy thereof is posted in the bulletin board found outside the provincial,
Supreme Court Ruling: city, municipal or barangay halls. It shall also be posted in 2 conspicuous
 The Supreme Court said that the SSC did not promulgate rules and places of the LGU concerned. The 10 day period is mandatory.
regulation that would require approval of the President.
 When an ordinance is PUNITIVE or REVENUE-RAISING, they  Had it been true that the one who entered the room was an
also need to be published in newspapers of general circulation intruder, then Ah Chong had all the right to defend himself and his
in the locality concerned. act of killing the intruder would have been justified.
 Ah Chong exercised due diligence in trying to prevent the incident
ARTICLE 3: Ignorance of the law excuses no one from compliance by calling out thrice to the person outside.
thereof.  Mistake of fact can be a defense provided that his actions were not
tainted with negligence.
REQUISITE: There must be due promulgation of the law either through  Someone who acted in self-defense cannot be criminally and civilly
the Official Gazette or in newspapers of general circulation published in liable.
US v. Ah Chong contrary to the case of Yapyuco v. Sandiganbayan
However, the maxim refers only to mandatory or prohibitive laws, not
to permissive or suppletory laws. (See 1 Manresa 56). There can be no Yapyuco v. Sandiganbayan
Article 3 if there is no Article 2.  Active members of the PNP. One night, the accused got a call
from an informant alerting them of some armed men who were
Rationale: suspected of being members of the New People’s Army.
Knowledge of the law is presumed as a matter of policy because of  In response of the information, the accused proceeded to the area,
practical necessity and convenience. If we allow ignorance of the law as with the view in mind to apprehend the suspects.
an excuse, it will be available for everyone as a defense and anarchy
 Upon the informant relayed by the informant, the accused,
and chaos will rule for everyone will be freed from criminal liability.
members of the PNP, tried to flag down a Toyota Tamarraw motor
vehicle said to be carrying the suspected members of the NPA.
Question: If the policy is knowledge of the law is presumed, why is there
Pursuant to the standard operating police procedure, the accused
a need for publication of laws?
claimed that they tried to flag down the vehicle but instead of
pulling over, the vehicle tried to speed away.
It serves as a constructive notice to the people about the existence of the
 In order to immobilize the vehicle, the accused claimed that
law. How can you expect someone to be bound to a law when the
they shot the tires of the vehicle.
existence of which they do not know?
 As a result, one died, one suffered fatal injury and many suffered
from attempted murder. Murder, frustrated and attempted
Ignorance of facts (Mistake of Fact)
murder were filed against the police officers who participated in
If there is a legitimate good faith and basis of mistake of fact, it can be an the operation.
excuse. Can be an absolutory circumstance. Frees someone from criminal  During the trial, the accused invoke mistake of fact as a
liability. The presence of mistake of fact could negate some requirements defense claiming that they honestly believed that the passengers
of criminal liability like criminal intent. Had the facts been true as the onboard the motor vehicle were armed and dangerous and the
individual believed them to be, the individual would be exonerated from suspected members of the NPA.
any liability.  They tried to justify that their act of firing bullets at the vehicle was
because it tried to speed away and that there only purpose in
Requisites: shooting was just to immobilize the vehicle.

1. The act would have been lawful had the facts been as the accused Supreme Court Ruling:
believed them to be  We cannot give credit to the claim of the accused that their
2. That the intention of the accused in performing the act should only purpose was to immobilize the vehicle because based on
be lawful the evidence, the trajectory of the bullets and their locations as
3. Act is not tainted with negligence shown by the physical condition of the vehicle, would show that
the fire was aimed at the passengers. Hence, their intention was to
US v. Ah Chong shoot and kill the passengers, most especially because the
 Ah Chong works as a cook and in connection with his work, he weapons used were automatic and assault rifles.
was allowed to live in a certain quarter together with another  For mistake of fact to prosper, three requisites must be established:
employee named Pascual. A. It must be based on good faith and must be reasonable.
 Robberies were common in the place and Ah Chong made it a B. The mistake must pertain to mistake of fact
habit to keep a kitchen knife beneath his pillow. Since the room C. The mistake of fact must negate some elements of culpability
has no permanent lock, they improvised by placing a hook from required by law
the inside and reinforced it by placing a chair against the door.
 One night, Ah Chong was soundly asleep when he was suddenly IGNORANCE OF FOREIGN LAW –
awakened by someone who was forcibly opening the door. He
called out twice asking the person to identify himself but got is not ignorance of the law, but ignorance of the fact because foreign laws
no answer. must be alleged and proved as matters of fact, there being no judicial
 The door suddenly swung open pushing the chair forward thereby notice of said foreign laws.
hitting Ah Chong in the knees. As it was dark, Ah Chong honestly
believed that he was under attack, and so he took his kitchen knife  Requisites of proving a written foreign law
and struck the intruder, which turned out to be Pascual who 1. an official publication thereof or by a copy attested by the
eventually died. officer having the legal custody of the record, or by his deputy,
and accompanied, if the record is not kept in the Philippines,
 Ah Chong invoked self-defense stating that it was a mistake of fact
with a certificate that such officer has the custody.
because he honestly believed that his life was in danger.
2. Certification of the diplomatic officer of the Philippines in the
Supreme Court Ruling: foreign country.
 Requisites of proving an unwritten foreign law  Illustrates the general principle that laws should have prospective
1. Printed reports or judicial decisions of courts in the foreign application.
country if established to be admitted by the court of the  Back pay law – grants some benefits to military who served
country. the Philippine forces as guerillas during the war. Because of the
2. Expert of such law or custom from the foreign country war, they were not given their compensation at the time while the
war is still ongoing. When the war was over, the Congress enacted
Processual Presumption - If the foreign law is not properly and duly the Back pay law. Mode of payment was through a back pay
proven, the presumption is that it is the same as our law. certificate.
 One peculiar feature of the back pay, the recipient of this back pay
Yao Kee v. Gonzales certificate may pay his obligations to the government through the
 This involves the estate of a certain China man, Sy Kiat who died certificate.
intestate in the Philippines leaving properties in the Philippines and  Marcelino Buyco is a holder of a back pay certificate. After the war,
some heirs. he obtained a loan from the PNB. When the loan fell due, the back
 Upon his death, one group of heirs headed by Aida Gonzales, pay law was still in force. Subsequently, the law creating PNB was
claimed to be the legitimate children of the late Sy Kiat and moved amended. The amendatory law disallows the bank from accepting
for the settlement of the estate left by their father and be appointed back pay cert as payment of obligations.
as the administrator of the estate.  Buyco when he paid was refused of payment by virtue of the
 This petition was opposed by a Chinese woman named Yao Kee amendatory law.
who claims to the lawful wife of the deceased. She claimed that
she and Sy Kiat had children. Supreme Court Ruling:
 Primordial issue: Whether or not Yao Kee was lawful wife of  Supreme Court held that while it may be true that the latest charter
the deceased. of PNB disallows the payment of obligations through back pay
 During the trial, Yao Kee tried to prove that she was lawfully certificate, it must not affect Mr. Buyco because his obligation was
married to Sy Kiat pursuant to a marriage ceremony celebrated in incurred before the new law took effect.
China in accordance with Chinese laws and customs.  The amendatory law should be given prospective application
 Art 26 of the Family Code, validity of the marriage is determined by and should apply only to obligations incurred at the time the
the law of the place where the marriage is solemnized. (lex loci law took effect and onwards.
celebracionis)  Hence, the amendatory law shall only be given prospective
 Unfortunately for Yao Kee, she failed sufficiently to prove Chinese application so as not to prejudice the vested rights or Mr. Buyco.
law on marriage and so the court had difficulty resolving the issue

Supreme Court Ruling: 1. When the law provides for retroactivity

 Applied the principle of Processual presumption (In instances Exception to the Exception – No ex post facto law shall be allowed
when a foreign law relevant in the issue of the case is not duly (one which makes an act criminal which was not criminal when
proven, it shall be presumed that such foreign law is the same with committed; increases the penalty)
our laws)
 Since the Chinese law on marriage has not been duly proved, we 2. If the statute is penal in nature, provided: (art 22)
now apply Philippine law on marriage. For a marriage to be valid in a. Favorable to the accused or to the convict;
Philippine law, it must comply with 5 requisites (2 essential and 3
formal): People v. Patalin
1. Consent mutually given  Involves prosecution of the crime of robbery with multiple
2. Legal Capacity rape. At the time the crime was committed, the crime was punished
3. Authority of the solemnizing officers by death.
4. Valid marriage license  During the pendency of the trial, death penalty was abolished. Trial
5. Marriage ceremony went on and when the decision was rendered, death penalty
 The marriage of Yao Kee and Sy Kiat had no participation of a was reimposed.
solemnizing officer because under Chinese customs, they claimed,  Issue: Whether or not the accused can be punished with death
marriage can be solemnized without a solemnizing officer. considering that at the time the crime was committed, death
 SC ruled that since the marriage of Yao Kee and Sy Kiat in China had penalty was imposable but was abolished during the pendency of
no solemnizing officer, and applying the Philippine law now the case and when the decision was made, death penalty was
pursuant to the Processual presumption doctrine, it is obvious that reimposed?
the marriage is void for lack of one of the formal requisites.
Supreme Court Ruling:
ARTICLE 4: Laws shall have no retroactive effect, unless the contrary  SC taking cue from the principle that when the law involved is penal
is provided. in nature, the accused cannot be penalized by death because when
death penalty was abolished during the pendency of the trial,
In general, laws are prospective, not retroactive. that law was favorable to the accused and should therefore be
given retroactive application.
WISDOM BEHIND PROSPECTIVITY – the rule was that if laws were  Supreme Court invoked the rule that penal laws should be
retroactive, grave injustice would occur, for these laws would punish given retroactive application when favorable to the accused.
individuals for violations of laws not yet enacted. Hence, the accused can no longer be penalized with death penalty.
The effect of the amendatory law abolishing death penalty retroacts
to the time the crime was committed.
Marcelino Buyco v. PNB
 The fact that death penalty was reimposed when the decision was
rendered does not matter because the accused had already vested
rights when the death penalty was abolished during the pendency of Supreme Court Ruling
the trial.  As a general rule, penal laws shall be given retroactive application if
favorable to the accused, except when the law itself provides that it
Manuel Rodriguez v. Director of Prisons should not be given retroactive application as when its
 Involves prosecution of the crime of estafa. During the arraignment, provisions provide that it shall not apply to pending cases during
Mr. Rodriguez pleaded guilty to the crime. And so, the court the time of its enactment.
sentenced him to imprisonment of 1 yr, 8 months and 21 days.  The provisions of the new law expressly provide that the effect
 While serving sentence, a new law was passed, the RPC, and of the amendment decriminalizing the act of non -remittance
under this new law, the penalty of estafa is reduced. Under the OPC, will take effect starting January 1, 1987 and onwards. The
voluntary plea of guilt is not considered a mitigating circumstance, period of effectivity is specific
but under the RPC, it is, hence reducing the penalty.
 Invoking the benefit of the new law, Manuel Rodriguez filed a iii. DOES NOT APPLY if the accused disregards the retroactive
petition for habeas corpus. Since the new law is favorable to him, it application of the later law and insists he be prosecuted under the
shall be applied to his case. Hence, his voluntary plea of guilt should old law which imposed higher penalty.
be considered as a mitigating circumstance and the penalty which
is lower under the new law shall be the one applied to him. Ferrer v. Pecson
 Involves the prosecution for reckless driving resulting in serious
Supreme Court Ruling: physical injuries and damage to property.
 SC ruled in favor of Rodriguez by applying the provisions of the new  Under the law then in force during the commission of the
law. Since the new law was favorable to the accused, he shall afford crime, the crime of reckless driving was punishable under a
of its benefits including the mitigating circumstance of voluntary special law, The Revised Motor Vehicle Law.
plea of guilt.  This law provides for a specific penalty for the offense and under the
 It was found that he already served the proper penalty imposable on law then in force which govern jurisdiction, the penalty imposed
him under the new law which is 4 months and since it was under the Revised Motor Vehicle Law is supposedly cognizable by
established that he already served 7 months in prison, his the RTC. (Jurisdiction depends on the severity of the penalty), but
immediate release was ordered. the case filed against Ferrer was filed before the MTC.
 After trial, he was convicted and so he appealed to the RTC.
b. And provided further that the accused or convict is not a  When the appeal was with the RTC, Ferrer moved for the
habitual delinquent. dismissal of the case. He said that the appeal with the RPC is just a
continuation of the proceedings of the MTC and based on the
Notes: The retroactivity should only apply if there is still a practical value law in force at that time, the MTC had no jurisdiction to try
to the retroactive application. (Example: Once one was released after and convict him because it only had jurisdiction over crimes
serving a sentence of 20 years, a law was promulgated decriminalizing with a penalty of not more than 6 months, and his crime under the
the crime you committed, it will not obliterate your criminal liability.) RMVL is punishable with 6 years maximum.
 Because the MTC had no original jurisdiction, it follows that the
Exceptions to the exception: RTC had no appellate jurisdiction. Hence, he urged the RTC to
dismiss the case.
i. If the accused is a habitual delinquent. (One who within ten years
 The matter went all the way up to the Supreme Court.
from his last conviction/release of the crimes of serious physical
 The prosecution invoked that a penal law should be given
injuries, robbery, estafa, falsification of documents, and theft he is
retroactive application if favorable to the accused. The RMVL is
found guilty of any of these crimes for the 3rd time or oftener)
subsequently amended by the RPC. By virtue of the amendment, the
crime of reckless driving should no longer be punished under the
ii. if the penal law does not cover / apply to the cases before such
RVML but under the RPC. The penalty under the RPC is lower than
that of the RMVL. Hence, this penalty is cognizable by the MTC.
 The prosecutor argued that the provisions of the RPC should be
Larga v. Ranada
applied to accused because it is favorable to him since it offers a
 Involves the prosecution which involves the violation of the HDMF
lower penalty. Since the penalty is lower, the MTC has jurisdiction.
or the PAG-IBIG Fund Law.
Hence, the case should not be dismissed.
 Under the said law, the employer is mandated by law to withhold a
certain portion of the salary of the employee and remit them
Supreme Court Ruling
to PAGIBIG to form part of the pool of resources that can be availed
 It may be true that penal should be given retroactive
of as way of benefits for PAGIBIG members.
application when favorable to the accused, but not when the accused
 Larga happens to be an employer and in accordance with the law,
himself refuses the benefits of the penal law and insists that he
he withheld portions of the salaries of his workers accruing
be prosecuted under the old law.
from 1984 – 1986.
 Hence, since the MTC had no jurisdiction, the case was dismissed.
 It turned out, however, that Larga did not remit them to PAGIBIG.
 Under the law then in force, non-remittance is a criminal
3. If the laws are remedial in nature. There are no vested rights in
offense. Hence, he was prosecuted.
rules of procedure. Therefore, new rules of court on procedure can
 During the pendency of the case, the PAGIBIG law was amended,
apply to pending actions.
making the remittance of contributions voluntary. Hence,
nonremittance is not anymore a criminal offense. REASON:
 Larga invoked the principle that a penal should be given retroactive
application if favorable to the accused, Larga moved to quash the When it comes to remedial laws, generally no rights are vested because
information stating that since nonremittance is no longer a procedural rules do not creative new rights unlike substantive laws. They
crime in the new law, this shall wipe out his alleged criminal merely provide remedies for the enforcement of the rights given by
liability under the old law.
substantive laws. So, normally, if it is procedural, since it does not create  Art 175 Family Code: The filing of the action to compel the
rights – it does not impair rights when given retroactive application recognition of illegitimate filiation should be filed during the
lifetime of the putative parent. And since Atty. Ocampo is
already deceased, the action has already prescribed.
Zulueta v. Asia Brewery  The mother argued that Art 175 is not applicable, but Art 285 of
 Zulueta entered into a contract of distributorship with Asia Brewery the Civil Code which states that the action to compel
who is engaged in the manufacturing of beer and other related recognition of illegitimate filiation should be filed within the
products. lifetime of the parent, but when the parent died during
 Zulueta filed a complaint alleging breach of contract before the minority of the child, the action may be filed within 4 years
RTC Iloilo from the time the child reached the age of majority.
 By way of retaliation, Asia Brewery also filed its own complaint  Issue: Whether or not Art 175 of the Family Code should be
before the RTC Makati. given retroactive application. (When Atty. Ocampo died, the law
 Zulueta, realizing that she has better advantage if the case is tried in then in force was the New Civil Code, but when the action was
Iloilo, filed a motion before the RTC Makati asking that the filed, the Family Code took effect)
Makati case be consolidated with the Iloilo case.
 RTC Makati ordered the consolidation of the cases. Asia Brewery Supreme Court Ruling:
challenged the order of the Makati Court directing the consolidation.  Art 175 provides for a rule on prescription, a period within which an
Asia Brewery claimed that the Makati Court was guilty of grave action for recognition of illegitimate filiation may be filed. Even
abuse of discretion in authorizing the consolidation of the two cases assuming that the issue of prescription is a matter of procedure or
in Iloilo. remedial in nature, Art 175 cannot be given retroactive application
 Under the rules then in force, a petition for certiorari shall be filed as to prejudice or impair the rights of the child. Because when Atty.
90 days from receipt of the order subject of the petition. Ocampo died, the law then in force was the New Civil Code
 The order of consolidation which Asia Brewery seeks to nullify was (Art 285)
received by her on May 23, 1997. Hence, 90 days from May 23 shall  When Atty. Ocampo died, the minor child already had vested rights
be the deadline for the filing of the petition for certiorari. (Aug 22) and interests to pursue the action pursuant to Art 285 of the New
 Before Asia Brewery could file the petition, the 1997 rules of court Civil Code.
of civil procedure took effect on July 1, 1987. This rule shortened the  Hence, Art 175 of the Family Code, even procedural or remedial in
period within which to file a petition for certiorari from 90 days to nature cannot be given retroactive application because to do so
60 days. would impair vested rights.
 Counted under the new 1997 rules, the period to file the petition for
certiorari from May 23 would be July 22. (60 days) ii. When the decision is final and executory – The retroactive
 Instead of filing on or before July 22 which is the deadline application of procedural or remedial laws only cover actions
under the new 1997 rules of civil procedure, Asia Brewery filed which are still pending or unresolved at the time the
it sometime August, within the 90 day period under the old rule. procedural law took effect.
 The CA dismissed the petition on the ground that it was filed out of
time, invoking the new 1997 rules of civil procedures. Municipality of Coron v. Carino
 Issue: Whether the petition for certiorari by Asia Brewery was filed  Involves an action filed by the Municipality of Coron to remove the
out of time. illegal structure built by squatters on its property. The court rules in
 Asia Brewery claimed that procedural laws should not be given favor of the municipality.
retroactive application.  The squatters appealed the decision of the RTC before the CA.
 Under the rules then in force, one of the requirements for
Supreme Court Ruling perfecting an appeal is the submission of the so called “records on
 The order sought to be annulled by the petition was received appeal”.
by Asia Brewery was received by Asia Brewery on May 23, 1997 and  An appeal is just a continuation of the proceedings below. When the
the new rules providing the 60 day period took effect on July 1. decision of the lower court is appealed to the CA, it is required at
 Asia Brewery had 21 days to comply with the new rules. the time, under the rules then in force that all the records
 The new 1997 rules of civil procedure shall be given available on the lower court should be forwarded to the appellate
retroactive application as to cover cases pending and unresolved court so that they can review the decision of the lower court.
as of the time it took effect.  Because of failure to comply with the requirement of records
 Procedural law was given retroactive application because Asia on appeal, the CA dismissed the appeal. When it was dismissed, the
Brewery was not prejudiced for it had 21 more days to file the squatters failed to elevate the matter to the SC. Hence, the decision
petition became final and executory.
 The Municipality of Coron moved for the execution of the decision,
Exception to the exception asking the court to demolish the illegal structures. At this time, a
i. If retroactive application would give vested rights new rule was enacted, dispensing the requirement of records on
Tayag v. Court of Appeals  Invoking the retroactive application of this new requirement which
 An action for compulsory recognition of illegitimate filiation. dispenses the requirement of records on appeal, the squatters
Filed by a minor child represented by the mother claiming went to the CA and asked for the revival of their appeal,
inheritance of his deceased father, Atty. Ocampo arguing that records on appeal is no longer required, hence,
 The action was directed to the adminstratix of the estate of their appeal should be reinstated.
Atty. Ocampo.
 In defense, the administratrix argued that the filing of the action Supreme Court Ruling:
for compulsory recognition of illegitimate filiation was filed out  As a general rule, procedural rules should be given retroactive
of time and has already prescribed. (Art 175 of the Family Code) application, but its retroactive application covers only cases which
are still pending and unresolved during the procedural law took
effect, and not on cases already final and executory. Otherwise,  During this time that the property was already sold to Sps.
there would be no end to litigation Benzonan that Mr. Pe offered to repurchase the property from the
bank invoking the provisions of C.A. No. 141 which says that any
4. If the law is curative (there is a necessarily retroactive for the precise land acquired under the provisions of Free patent and homestead
purpose is to cure errors or irregularities. To be valid, must not proceedings may be repurchased by the beneficiary, the widow or
impair vested rights nor affect final judgment. heirs, within 5 years from the date of conveyance.
 Pe south the repurchase of the property but invoked the ruling of
*CURATIVE STATUTE – law designed to correct past defect or Belisario v. IAC. The provisions of C.A. 11 which provides for the
irregularity. By its very nature, it should be given retroactive repurchase, was a subject of flip=flopping decisions of the SC
application to rectify the defect.  The latest decision of the SC interpreting this provision is the one in
Belisario in 1988. It says that 5 year period for repurchase shall be
Frivaldo v. Comelec counted from the expiration of the time to redeem the foreclosed
 Frivaldo was a prominent figure in the political scene during property. Under the rule on foreclosure, when the property
the Marcos regime. To avoid persecution, Frivaldo fled the country constituted to secure a loan is foreclosed the owner of the property
to the US and gained US citizenship by virtue of naturalization. has the right to redeem the property from the buyer of the
 When Cory Aquino took office, Frivaldo went home and tried foreclosure sale. The period for redemption is one year from the
his luck in politics. Won thrice for governor of Sorsogon and was time of foreclosure sale. If the owner dies not exercise the right to
disqualified thrice by the Comelec. redeem within one year, the buyer during the foreclosure sale shall
 On the third disqualification, the SC looked kindly on him. now consolidate the title and will now become the absolute owner
 He was disqualified for the sole reason that he did not possess the of the said property.
qualification of being a Filipino citizen, for public officials should be  Pursuant to the Belisario doctrine, the 5 year expiration period shall
a Filipino citizen. be reckoned from the expiration of the one year period. Therefore,
 When he ran during the 1995 elections, his application for the period to repurchase has been extended from 5 years to 6 years.
repatriation was approved by the special committee on June 30 Whereas, under CA 141, 5 year should be counted from the date of
1995, the time when his tenure started. Hence, when he registered the conveyance. The Belisario ruling extended the period of
as a voter and filed for certificate of candidacy, he was not yet repurchase.
a Filipino citizen.  If the action of Pe in seeking repurchase is to be reckoned within the
 Under the rules promulgated by the Comelec, a candidate for parameters of the Belisario ruling, then he is correct. Unfortunately
office should be a Filipino citizen at the time of registration for Mr. Pe, the previous doctrine of the matter in the case of Monge
and filing of candidacy. v. Angeles and Tupas v. Damasco. In these cases, the Supreme Court
ruled that the five year period should be reckoned from the date for
 Issue: which of these two doctrines should govern the transaction of
Mr. Pe?
Supreme Court Ruling:
 Supreme Court held that the repatriation law PD 527 is a curative Supreme Court Ruling:
statute and it is aimed at correcting the flaws and defects of  At the time that the loan was obtained and the mortgage was
the past where Filipino citizens had a hard time reacquiring constituted, at the time of the foreclosure sale, at the time the
Filipino citizenship. property was sold to the bank to the Sps. Benzonan, the prevailing
 Being a curative statute, it should be given retroactive application. doctrine was that of the Monge.
The effect of the approval of his repatriation should be retroactively  The 1988 case of Belisario reversed the earlier rulings in Monge vs.
applied to the time he filed for his application for repatriation Angeles and Tupas vs. Damasco. (The mortgage in question was
in 1994 and not to be limited on the time of the approval. made on Feb 24, 1970).
 Hence, it is obvious that at the time Frivaldo registered for the  The new doctrine enunciated in Belisario should only be given
purpose of the 1995 elections, he was already a Filipino citizen prospective applications and should not apply to those transactions
because the effect of the repatriation retroacts to the time of before the doctrine was laid down.
the filing of the application.  The petitioners are bound by decisions based on Article 8 of the
Civil Code that states that judicial decisions applying or interpreting
Take note: Prospectivity does not only apply to laws but also judicial the laws or the Constitution shall form a part of the legal system of
decisions enunciating new doctrine superceding old ones especially when the Philippines.
it applies laws or a legal doctrine.  While these decisions form part of the law of the land, they are
subject to Article 4 of the Civil Code that provides that laws shall
DBP v. CA (Pe) have no retroactive effect unless otherwise provided.
 A certain Chinese businessman in GenSan, Mr. Pe, who acquired two  People vs. Jabinal: “when a doctrine of this Court is overruled and a
parcels of land under the provisions of the Free Patent and different view is adopted, the new doctrine should be applied
Homestead Laws. This law grants agricultural land to certain prospectively and should not apply to parties who had relied on the
qualified individuals. old doctrine and acted on the faith thereof.
 In need for cash, he obtained a loan from the DBP and constituted a  Exception to the prospective application of judicial decisions: special
mortgage over his properties including the land he acquired from cases of weighty considerations of equity and social justice will
the Free Patent and Homestead Laws to secure the payment of the warrant a retroactive application of doctrine to temper the
loan. harshness of statutory law as it applies to poor farmers or their
 He failed to repay the loans thus forcing DBP to foreclose the widows and orphans.
mortgage. When Mr. Pe refused to redeem the foreclosed property,
the DBP offered the property to a 3rd party buyer, Spouses Benzonan ARTICLE 5. Acts executed against the provisions of mandatory or
who bought the property form the bank. prohibitory laws shall be void, except when the law itself authorizes
their validity. (4a)
 When he became a lawyer, he sued the university. It turned out that
MANDATORY OR PROHIBITORY LAWS before he was granted the scholarship, he signed a waiver of his
A mandatory provision of law is one the omission of which renders the right to transfer to another school unless he refunds the school of
proceeding or acts to which it relates generally illegal or void. The the cash equivalent of the scholarship grant.
violation of directory laws does not result in invalid acts.  ISSUE: Whether the above contract between plaintiff and the
defendant, whereby the former waived his right to transfer to
Kinds of mandatory legislation (like penal and some contractual laws): another school without refunding to the latter the equivalent of his
In the sense that violation to such law creates criminal/administrative/civil scholarships in cash, is valid or not.
Supreme Court Ruling:
o Positive (when something must be done);  The contract of waiver between the plaintiff and respondent is a
o Negative or Prohibitory (when something should not be done). direct violation of Memorandum No. 38 and hence null and void.
 Memorandum No. 38 merely incorporates a sound principle of
However, if the law specifically provides for the validity of the act even if public policy.
it is violative of a mandatory or prohibitive act then it shall be considered  The defendant uses the scholarship as a business scheme designed
valid and enforceable. to increase the business potential of an education institution. Thus
conceived it is not only inconsistent with sound policy but also good
EXCEPTIONS: morals. The practice of awarding scholarship to attract students and
Although in general, violations of mandatory or prohibitory laws result in keep them in school is not good custom nor has it received some
void acts or contracts, in some instances, the law authorizes their validity. kind of social and practical confirmation except in some private
institution as in Arellano University.
1. If the law itself provides that it be valid.  Wherefore, the decision appealed from is hereby reversed and
Example: Act of illegally solemnizing marriage but if the parties another one shall be entered sentencing the defendant to pay the
believed in good faith that the solemnizing officer had authority, plaintiff the sum of P1,033.87, with interest thereon at the legal rate
marriage remains to be valid from September 1, 1954, date of the institution of this case, as well
2. If the law considers the act voidable. as the costs, and dismissing the defendant’s counterclaim.
Valid until annulled. Example: Shotgun marriage. Consent is
vitiated, hence marriage shall be voidable. ARTICLE 7. Laws are repealed only by subsequent ones, and their
3. If the law itself provides that it be valid but subjects the violation or non-observance shall not be excused by disuse, or
wrongdoer to criminal liability. custom or practice to the contrary.
4. If the law considers the act valid because of supervening events. When the courts declare a law to be inconsistent with the
Example: When a foreigner buys a piece of land in the Philippines, Constitution, the former shall be void and the latter shall govern.
contrary to the rule that foreigners cannot own properties in the Administrative or executive acts, orders and regulations shall be
Philippines, but in turn, sells it to a Filipino. The defect is deemed valid only when they are not contrary to the laws or the
cured. Constitution. (5a)
5. If the law provides for its validity but generally it would have been
void. Laws are repealed:
Example: Cockfighting and lotto (gambling) (a) Expressly.
(b) Or impliedly (insofar as there are inconsistencies between a
Article 6. Rights may be waived, unless the waiver is contrary to law, prior and a subsequent law)
public order, public policy, morals or good customs or is prejudicial
to a third person with a right recognized by law. What is the effect of a repeal of law?

Rights may be waived because these take the nature of a favor and no one General Rule:
is compelled to accept a favor, which is why the one conferred with the The effects of the repealing law operate only at the time the repealing law
right has the right not to accept such right. takes effect. Consistent with the principle of prospectivity, the effect of
the repealing law shall be given prospective application. The repealing
RIGHTS THAT CANNOT BE WAIVED law will not undo the acts and event that occurred in the past.
1. Right to life – against the law and public policy
2. Right to future support (necessary to life Exception:
3. When the waiver abuse rights of third persons protected by Total and Absolute Repeal – Renders inoperative so that all acts that
law. occurred (criminal liability) attached before the repeal ---> will be
abrogated on the event of the enactment of the subsequent law.
CUI vs. Arellano University
 Cui was a law student of Arrellano University and a scholar People v Pimentel
from first year up to fourth year 1st semester, when he  Prosecution of illegal possession of firearm and anti-subversion law.
transferred to Abad Santos.  SUBVERSION LAW: when the accused was arrested, trial proceeded
 Since he was a scholar, his tuition fees are returned to him at the and during the trial anti-subversion law was repealed such that
end of every semester. subversive organization membership was no longer a crime.
 When he finished his law degree, he applied for permit to take  So the accused moved for the dismissal of the case on the ground
the Bar exams, however, one of the requirements was a that RA 1700 produced the effect of obliterating whatever criminal
complete transcript of records of his entire law school. liability he incurred under the old R.A. 1700.
 Cui went to Arellano University to get his transcript but he was
refused unless he would return the cash equivalent of his Supreme Court Decision:
scholarship grant. He paid, but under protest.  As a general rule – the repeal law takes effect only on the day it was
deemed effective.
 But in this case, it was total and absolute such that it is very clear in  And because the new law punishes the same act ---- obviously, Mr.
the intent of the framers of the subsequent law was that to Concepcion is still liable upon the acts which he has committed in
obliterate the crime and liability -decriminalize subversion. violation of such law.
 Dismissal of case pursuant to the total/absolute repeal of such law.  Thus, in such a Re-enacted statute: There is no abrogation of crime
But he was still liable for the illegal possession of firearm, and abrogation of obligation that arises from it.
When there are incompabilities/conflict between statutes:
Conversely, if the intent is otherwise, this rule does not apply.
 The rule that the later statute prevails over the old one – applies
Exception to exception: only if the same laws are of the same nature (general –general;
i. When the repealing law contains a saving clause
saving clause- that portion of the law which expressly saves a part of the  This is not so if the laws involved if both are not of the same nature –
law being repealed as being left unaffected by the repealing law. general and special:

BUSCAYNO vs. Military Commission 1. If the prior law is general and the new law is special, the special
 Several personalities alleged to be members of subversive orgs (CPP law shall be considered as an exception to the general law.
and NPA). Arrested, charged and prosecuted of various offenses Hence, there is no repeal to speak of because these two laws can
among which is the R.A. 1700. stand together.
 During the trial, a new law was passed – revision of anti-subversion
law (which repealed RA 1700). Lichauco v. Apostol
 Taking the principle of retroactive application for penal laws - The  Involves an EO issued by the Department of Agriculture. Such
accused filed a petition for habeas corpus – arguing that with the order mandates that all applications for importation of carabaos
repeal of 1700 there is no more crime in case. and draft cattles from countries where there is an outbreak of
animal infectious diseases should go through the Director of
Supreme Court Ruling: Agriculture for the necessary clearance or approval.
 SC: disagreed. Although it may be repealed by revised anti sub law  Lichauco & Co. tried to import some cattles for production of serum
but it expressly provides that cases/violations committed under the from Pnom Pehn. It tried to ship into the Philippines a number of
old law shall continue to be prosecuted to its logical conclusion prior carabaos and cattles.
to its repeal. Clearly provides saving clause.  This was refused by the Dept of Agriculture because at that
 Framers of repealing law did not intend the obliteration of crime time Pnom Penh was one of the countries determined to have a
under old law neither to excuse criminal liability that arose from prevailing outbreak of animal infectious disease (rinderpest).
that offense  A dispute arose when the application for importation was declined.
 Director of Agriculture invoked the provision under the
ii. A repealing law is a re-enacted statute Administrative Code Sec 1770 which governs specifically the
Repeals the old one but at the same time incorporates the provision of the situation where the animal to be shipped to the Philippines
old as its own. Thus it penalizes the same act under its provisions. came from countries where infectious diseases were reported to
be existing.
There is no intention to obliterate the crime under the old law for why  Lichauco invoked Sec 1762 of the Administrative Code as
would it penalize the same act under the old law? amended which governs the importation of animals from abroad to
the Philippines without qualifications. Hence, the Director of
People v. Concepcion Agriculture had no right to decline their application because
 The defendant, Venancio Concepcion, was the president of PNB. Sec. 1762 does not impose any restrictions.
Under old charter- an officer of PNB is prohibited at the risk of  Both provisions are inconsistent with each other.
criminal prosecution from obtaining loan directly or indirectly from  Issue: Which law should prevail?
the bank
 Concepcion violated such by obtaining a loan in which he is a 40% Supreme Court Ruling:
part owner of such corporation.  1762 invoked by Lichauco & Co. is actually a general provision, in a
 During the pendency of the case –charter of PNB was repealed and a sense that it governs cases of importation under any
new one took effect. circumstance and at any time.
 Arguing that the new law has repealed the old law meant that  1770 invoked by the Director of Agriculture is a special law
Venancio should be acquitted because that means his crime under because it only applies to situation where the animals to be
the old law for which he was prosecuted was deemed obliterated. shipped to the Philippines come from foreign countries determined
to have animal infectious diseases.
Supreme Court Decision:  Hence, in case of a general law and a special law, the special law
 The court believes that it was never the purpose or intention of the shall be considered simply as an exception to the general law.
Legislature to release anyone from a crime committed under either  In this case, there is actually no repeal that takes place.
one of the Acts, and, in particular, as to the offense described in the
information. 2. If the former law is special and the new law is general, there is
 As stated upon the question here involved, each one of the no repeal
legislative acts expressly prohibits the bank from loaning any of its
money to an officer or director, and the only difference is found in Exceptions:
the latter portion of section 29 of Act No. 2938, which, upon the i. the general law provides that the special law is repealed
undisputed facts, is not material to the question involved here. ii. if it can be inferred from the provisions of the general law that
its intention is to replace the special law
iii. Or there is a clear, necessary and irreconcilable conflict.
 There is no dispute that for a longest time that PNB was legally
Effects if Repealing law is repealed – enjoined from collecting by virtue of the moratorium law.
 While this was declared by a subsequent law – unconstitutional –
1. When a law which expressly repeals a prior law is itself thus, there were effects to such –that it did not TOLL the
repealed, the law first repealed does not revive, unless prescriptive period provided that PNB waived the right of
expressly provided. obligation.
 A law (A) was expressly repealed by a subsequent law (B).  Filing of foreclosure was well within the prescriptive period because
Such that after a while, the repealing law (B) is also repealed. the prescriptive did not run during the moratorium law.
First law (A) does not revive.
 Before the repealing law was repealed – It was a perfectly valid YNOT vs. Intermediate Apellate court
law at such time. It did the repealing first (which rendered the  During the time of Marcos, a PD was issued to the effect that it is
first law diminished) before it was repealed by another illegal for any person to transport carabaos from one province to
subsequent law (C). another. The purpose was to prevent illegal slaughter of carabaos.
 Mr. Ynot tried to transport carabaos from Masbate to Iloilo. The
2. When a law which impliedly repeals a prior law is itself carabaos were confiscated by a police commander pursuant to the
repealed, the law first shall be revived, unless otherwise provisions of the PD.
provided.  Ynot moved for the return of the confiscation of the carabaos but the
 If law 2 expressly repeals law 1 and law 2 in turn, is RTC upheld the confiscation.
repealed by law 3, it shall revive law 1, unless law 3  Ynot went to the SC to question to constitutionality of the law.
provides otherwise.  Having been repealed, should the new law hold the police, in
performing his duty be confiscating the cattles from Ynot, criminally
 Repealing law is declared unconstitutional – liable?
 Declaring a repealing law unconstitutional would have an
effect that as if it did not exist – Not producing a repeal to the Supreme Court Ruling:
first law.  No. We agree with the respondent court, however, that the police
o Thus, the first law, which the repealing law intended station commander who confiscated the petitioner's carabaos is not
to repeal, shall continue to take effect as if it was not liable in damages for enforcing the executive order in accordance
repealed at all. with its mandate.
 The law was at that time presumptively valid, and it was his
obligation, as a member of the police, to enforce it. It would have
been impertinent of him, being a mere subordinate of the President,
A. ORTHODOX VIEW - An unconstitutional law is no law at all. It
to declare the executive order unconstitutional and, on his own
does not exist and did not exist at any time. Hence, it did not
responsibility alone, refuse to execute it.
create any obligation and confer any right nor attach any
 Even the trial court, in fact, and the Court of Appeals itself did not
liability. Any transaction, event or facts that occurred under
feel they had the competence, for all their superior authority, to
the law that was declared unconstitutional are deemed
question the order we now annul.
illegal and void from the very beginning.

B. MODERN VIEW: Operative Fact Doctrine While it is true that generally an unconstitutional law confers no right,
 This is when a legislative or executive act, prior to its being creates no office, affords no protection, and justifies no acts performed
declared as unconstitutional by the courts, is valid and must be under it, there are instances when the operation and effects of the
complied with. declaration of its unconstitutionality may be relaxed or qualified because
the actual existence of the law prior to such declaration is an operative
De Agbayani v. PNB
fact and may have consequences which cannot justly be ignored. Thus, it
 Serrano obtained a loan from PNB. By way of collateral, Serrano has been held that although the Moratorium Law was eventually declared
constituted a mortgage on his property. But for non-payment, the unconstitutional, it suspended the period of prescription for actions to
bank initiated foreclosure proceedings. enforce the obligations covered by the moratorium.
 Serrano opposed on the ground that the action to foreclose the
mortgage has already prescribed; 15 years had already lapsed Note: There is a difference between repeal of a law and declaration of
from the time the loan obligation matured. unconstitutionality.
 At the time of the loan obligation of Serrano matured, an EO was
passed providing for moratorium for all obligations of all those who ARTICLE 8. Judicial decisions applying or interpreting the laws or the
suffered from the war, enjoining all creditors from enforcing Constitution shall form a part of the legal system of the Philippines.
their claims. Hence, creditors could not compel debtors to pay. (n)
 Because of the wholesome purpose of the law, the Congress even
extended the EO by virtue of a RA. Decisions only of the Supreme Court.
 For 8 years, the moratorium law was in force before it was
declared unconstitutional. STARE DECISIS – can only be invoked by the SC, respecting precedence.
 PNB claimed that the period of 8 years during which the
moratorium law took effect should not be counted in reckoning the Are judicial decisions laws?
prescriptive period because they were legally prohibited from
initiating foreclosure proceedings While it is true that decisions which apply or interpret the Constitution or
the laws are part of the legal system of the Philippines (Art. 8, Civil Code)
still they are NOT laws, if this were so, the courts would be allowed to
legislate contrary to the principle of separation of powers.
Supreme Court Ruling:
 Indeed, the courts exist in order to state what the law is, parents of Salvacion filed civil action for damages arising from the
not for giving it. (Jus dicere, non jus dare). same crime.
 The interpretation placed upon the written law by a competent  Insofar as the criminal case was concerned, when the hearing was
court has the force of law. set, the accused escaped.
 The civil action continued and after trial, judge rendered in favor of
The interpretation placed by the Supreme Court upon a law constitutes, the complainant and court awarded damages in favor of the victim.
in a way, part of the law as of the date the law was originally passed, since  The accused was nowhere to be found. The family tried to enforce
the Court’s construction merely established the contemporaneous the monetary judgment obtained from the court in the civil and
legislative intent that the interpreted law desired to effectuate. when they discovered that the accused had bank deposits, an
action for garnishment was filed, requesting the bank to release
ARTICLE 9. No judge or court shall decline to render judgment by certain amount enough to satisfy the monetary judgment of the
reason of the silence, obscurity, or insufficiency of the laws. (6) court.
 Central Bank refused invoking a Central bank circular which says
If the law is clear the judge is duty bound to abide it – even if it is against
that foreign currency deposits are exempted from garnishment,
his personal beliefs, morals and etc. execution and other processes of the court.
 The said circular was lifted from the Foreign Currency Deposit Act
Laws do not always answer all society’s problems. Nonetheless, in its
which makes foreign currency absolutely confidential. Hence, it
absence or when it is inadequate, the court should:
cannot be subject of execution or garnishment.
 The family filed an action for declaratory relief to settle once
a. Refer to other sources such as custom
and for all the applicability of the central bank circular and
b. Opinions from experts
foreign currency deposit act to the case at hand.
c. Decisions rendered from foreign courts
d. Decisions in other analogous cases  Issue: Whether the foreign currency deposit of the accused can be
garnished to satisfy the monetary award rendered by the court.
The court should perform its duty to render justice regardless of the
absence, obscurity or inefficiency of laws that directly apply to the facts of Supreme Court Ruling:
the case.  The purpose of the foreign currency act is to encourage foreign
depositor/investor by way of investment hoping to improve the
If there is a question of the wisdom of the law – court shall desist Philippine economy.
 SC resolved with art 10. It is to be presumed that right and justice
ARTICLE 10. In case of doubt in the interpretation or application of are intended. The only way to serve right and justice to exclude
laws, it is presumed that the lawmaking body intended right and currency deposit to transient tourists because this is the only way to
justice to prevail. satisfy the decision of the court so as to render a decision that is
attuned to rightness justice… in so far as the victim is concerned.
People v. Veneracion
 Judge Veneracion was a devoted Catholic and an active member of CONFLICT OF LAWS
a religious organization and believes that death penalty can ARTICLE 14: Penal laws and those of public security shall be
never be justified. obligatory upon all who live or sojourn in the Philippine territory,
 Case involving rape. The accused was found guilty but instead of subject to the principles of public international law and treaty
imposing death penalty prescribed by the law existing at the time, stipulations.
he let his religious convictions take over as imposed reclusion
perpetua instead. Espouses the principle of generality of penal laws. Anyone who stays in
 The People of the Philippines went to the SC to question the decision the Philippines is governed by our penal or criminal laws. In case of
of the said judge. violation, the offender may be prosecuted before our Philippine courts.
 Involving the crime of rape at that time, it was punishable of rape.
He imposed reclusion perpetua because death penalty was against While generality talks about “who is governed by our penal laws?”
his religious belief. territoriality pertains to jurisdiction. Hence, penal laws have force and
effect only within Philippine territory, subject to various exceptions. (Art
Supreme Court Ruling: 2 RPC)
 Courts are duty bound to impose the law. DURA LEX SED LEX – the
law may be harsh but it is the law. The harder the better. Subjective Territoriality principle
 The country where the crime was started may have
Take note also that not all human problems can be addressed by existing jurisdiction over the crime even if the crime was completed in
laws. When the law is silent upon a certain matter? another country.

In the Case of Stephanie Astorga People v. Tulin

 This absence of the law disallowing/allowing the use of the natural  Involves the crime of piracy involving a vessel somewhere in
name of the mother of the adopted child. Mindanao. The vessel was seized by the pirates and forcibly
 The purpose of the adoption is for the benefit of the adopted child. brought to Singapore.
 She is vested with rights and benefits according to the legitimate  While the vessel was in Singapore, a foreigner joined the
child. Justice and rightness demand the the adoptive child is also pirates and supervised the unloading of the petroleum products
allowed to use the surname of her mother. and transferring them to another vessel.
 All the pirates, including the foreigner were arrested because they
Salvacion v Central Bank returned to the Philippines.
 Salvacion, a 12 year old girl was illegally detained and repeatedly  The foreigner went to the SC on the main argument that he cannot
raped by a foreigner, a tourist. The foreigner was arrested and the be convicted of the crime because his alleged participation in the
piracy took place only in Singapore which is beyond the territorial What law governs personal status of foreigners?
jurisdiction of the Philippines.
Art 15 applies as well to foreigners even if literally it mentions only
Supreme Court Ruling Filipinos. Hence, just like Filipinos who are governed by Philippine
 While it is true that the actual participation of the accused took laws wherever they may be, foreigners insofar as family rights, duties,
place in Singapore which is beyond the territorial jurisdiction of the status, condition, or legal capacity, are also governed by their own
Philippines, it shall be noted that the crime started in the national law even if they are in the Philippines.
Philippines when the vessel was forcibly seized by the pirates and
continued until the vessel reached Singapore. Recto v. Harden
 When the accused joined the pirates, his involvement was deemed  Atty. Recto, a prominent lawyer happens to represent a client who is
to be a continuation of the entire criminal process. an American citizen, Mrs. Harden. His services were engaged by Mrs.
 The crime started in the Philippines but was completed in Harden to protect her interests in some properties in the
Singapore and it doesn’t matter if his involvement only took place Philippines. This was resorted to by Mrs. Harden preliminary to her
in Singapore because he was part of the criminal process of piracy. petition for divorce against her husband in the US.
 One of the exceptions of the territoriality principle is when the  In their contract, Mrs. Harden agreed to pay Atty Recto professional
offender commits any of the crimes commit any of the crimes fees. After rendering his professional services, Atty. Recto collected
against national security and the law of nations and piracy is his fees as stipulated in the contract.
classified as crime against national security and law of nations.  Mrs. Harden refused to pay the stipulated attorney’s fees.
 This prompted Atty Recto to go to court and file an action to collect.
Objective Territoriality principle  In refusing to pay, Mrs. Harden argued that the stipulations in the
 The country where the crime was completed may exercise contract cannot be validly enforced because the contract is void for
jurisdiction even if it was started outside. it was entered into in connection with the divorce that she
filed against her husband in the States. Hence, since divorce was
US v. Bull involved, the contract is void because divorce is against public
 Involves a shipment of some animals from Formosa (now Taiwan) policy in the Philippines.
on board a certain vessel. The animals were treated inhumanely.
The manner by which the animals were treated allegedly violated a Supreme Court Ruling
certain law which penalizes inhumane treatment of animals.  SC ruled in favor of Atty Recto.
 When they arrived in the Philippines, they were arrested but in  Contract of professional service was not entered into in connection
their defense, they advanced the argument that they cannot be with the divorce. The contract was to protect the interests of Mrs.
tried because the Philippine courts had no jurisdiction since the Harden in relation to her properties in the Philippines.
crime was started and committed in Formosa.  Even assuming that the contract was entered into in connection
with a petition for divorce, it does not follow that the contract is
Supreme Court Ruling void insofar as Mrs. Harden is concerned. She is an American
 While it is true that the shipment started in Formosa, it is also true citizen and insofar as validity of divorce, she is governed by her
that the shipment entered in the Philippines and the crime was own national law. Since divorce is valid in the US, the contract shall
a continuing offense and during the transport, the animals were be valid insofar as Mrs. Harden is concerned.
treated inhumanely.  Art 15 applies as well to foreigners even if literally it mentions only
 Since the crime which begun in Formosa was completed in the Filipinos so that like Filipinos who are governed by Philippine laws
Philippines, Philippine courts have jurisdiction to try and wherever they may be, foreigners insofar as family rights,
convict the offenders. duties, status, condition, or legal capacity, are also governed by their
own national law even if they are in the Philippines.
The Philippines adhere to both subjective and objective principles. Take
note of the exceptions of Article 2 of RPC Van dorn v. Romillo
 A foreigner and a Filipina, and a divorce decree was obtained
ARTICLE 15: Laws relating to family rights and duties or to the in the US.
status, condition and legal capacity of persons are binding upon  After obtaining the divorce, the husband returned to the Philippines
citizens of the Philippines, even though living abroad. and filed an action, in his capacity as the husband of the wife, that he
be allowed to administer the properties which he claimed to be
Espouses the nationality theory. Filipinos are governed by their belonging to the conjugal partnership.
national law on matters relating to family rights and duties, status,  The wife said that he cannot anymore file the action for he is
condition and legal capacity regardless of whether they are in the no longer her husband pursuant to the divorce decree obtained.
Philippines or abroad.
 The husband argued that the divorce decree cannot be
recognized in the Philippines because Philippines does not
Legal capacity, condition, family rights and duties, status, etc. are
recognize divorce, it being against public policy. Hence, he
governed by the laws of the country where the party is a national.
remains to be her husband.
Examples: If you are married in the Philippines, you will still be
married when you are abroad; When you are a minor in the
Supreme Court Ruling
Philippines, you remain to be a minor.
 Being a foreigner, the husband is governed by his own national
law and being a US citizen, divorce is recognized and therefore, the
divorce decree obtained in the US validly binds the husband.
Does Article apply also to foreigners? So that foreigners when they come
 Insofar as Philippine law is concerned, he is no longer the
here, matters concerning their family rights, duties, status and legal
husband of the Filipina wife.
capacity should also be governed by their own national law? Say if a 15
 The SC did not rule on the validity of divorce insofar as the
year old German comes here where 15 is the age of majority in
Filipina wife was concerned but on the validity of divorce on
Germany, can he be considered of age when the age of majority is 18 in
the Philippines?
the part of the American husband pursuant to the nationality  In laws involving succession, legal capacity to make a will
theory. is subsumed under extrinsic validity of a will, hence
shall be governed by Article 17 and 815
Imelda Pilapil v. Ibay Somera  Example: When a Filipino citizen executes a will in Japan
 A couple, German and a Filipina. The German husband obtained a leaving properties in the Philippines to his
divorce decree before the German courts. Vietnamese girlfriend, the issue of whether or not he has
 After the divorce was obtained, the husband returned to the the capacity issue to execute the will is not determine
Philippines, and when he discovered that while they were still by Philippine laws but by Japanese laws where the will
married, the wife played fire with another man, he sued for adultery. was executed.
 The wife argued he cannot anymore institute the criminal action for
adultery because under Philippine laws, the private offended party d. When it involves the legal capacity to contract marriage
in the crime of adultery is the husband and since the German  Legal capacity to contract marriage is generally not
cannot anymore be considered as her husband at the time of the governed by Article 15 except if the party is a
institution of the action as a result of the divorce obtained, he has Filipino. (Because then Art 15 nationality theory shall
no personality to institute the action for adultery. apply)
 General rule: What law governs the capacity of a
Supreme Court Ruling contracting party to contract marriage (Art 17 lex loci
 The legal personality to institute a criminal action for adultery celebracionis shall apply)
should be determined at the time of the filing of the action. Since  (Art 17 shall apply lex loci celebracionis, Art 26 2nd par –
the husband is governed by his own law, the divorce decree that if a party is a Filipino)
he obtained in Germany should be considered as valid insofar as he
is concerned, ARTICLE 16: Real property as well as personal property is subject to
 Since the divorce is valid, the husband then cannot anymore be the law of the country where it is situated.
considered as an offended husband.
However, interstate ad testamentary successions both w/ respect to
Exceptions: Where legal capacity is not governed by Article 15 the order of succession and the amount of successional rights and to
the intrinsic validity of the testamentary provisions, shall be
a. When the contract involves property. regulated by the National law of the person whose succession is
 The legal capacity of the parties concerned is to be under consideration, whatever may be the nature of the property
determined by the law of the place where the and regardless of the country wherein the said property may be
property is located. While status or legal capacity is found. (10A)
generally governed by the national law of the individual,
this is not so when the status concerns itself with a  LAW GOVERNING PROPERTIES – LEX REI SITAE
contract involving property. o The law of the country where the real or personal property is
located/situated shall be the governing law over such real
property (after all, real property is attached to land).
o Application: shares of stocks of a foreigner, even if personal
Distinguish ordinary contract from a contract of property: property, can be taxed so long as the property is in the country.
o TAKE NOTE; pursuant to this provision as a general rule all
Ordinary contract - A contract which does not involve property = Article aspects of property are governed by lex rae sitae principle.
15 applies (Nationality Theory) Meaning the forms and solemnities of contracts involving
property are governed by lex rei sitae.
Contract involving property = Article 16 applies (Lex Rei Sitae) o Even the extrinsic, governed by lex rae sitae and not article 17.
Also the legal capacity of the involving the contracting parties
Example: Can a 15 year old German buy a property in the Philippines?
having that real property contract.
(He is of age in Germany but is still a minor in the Philippines) No. Article
o The intrinsic aspect of the contract, subject matter, terms and
16 and not 15 shall apply. Pursuant to Art 16, all matters concerning the
conditions, performance governed by lex re sitae (mortgage,
contract involving property shall be governed by the law of the country
prescription, registration, accretion, accession)
where the property is located. Hence, the legal capacity of the German to
buy property shall be governed by Philippine laws, and under our laws
the age of majority is 18.
b. When it involves the legal capacity of an heir to inherit from a
 Shall not be governed by Lex Rae Sitae but by the national
law of the DECEDENT
 Example: If you are a Filipino and your father is a German
a. Order of succession
national, the issue of whether or not you are entitled
b. Amount of Successional Rights
to inherit from your German father is not determined by
c. Intrinsic Validity of Testamentary Provisions
your national law.
 The legal capacity of an heir to inherit Art 1039 is
What if there be conflict between national law of 2 countries both having
governed by the national law of the decedent. Hence,
property of a citizen – The problem of unforceablility and
German laws shall apply, by way of exception to Article
ineffectiveness is precisely a defect on the 2nd Par of Art 16.
To eliminate possibility of “NO JURISDICTION” it is clear that Art 16 par 2
c. When it involves the legal capacity of a testator to make a can apply ONLY TO PROPERTIES LOCATED IN THE PHILIPPINES.
RENVOI PROBLEM – literally means ”referring back”
 The problem arises when there is doubt as to whether a o Should it be notarized?
reference in our law (art XVI, par 2)or the national law of o Signed by at least 4 witnesses?
deceased –
 reference to the internal of said foreign law What if the various stages of the execution of the contract took place
 reference to the whole of the foreign law including its in different countries? Say, if the offer was made in one country, or
CONFLICTS LAW online, and the acceptance in another.

If one state involved follows the NATIONALITY and the other Article 1319 NCC – Contract is perfected by the meeting of the minds
DOMICILARY === refer back to first state. between the contracting parties. This happens when the offer is accepted
and acceptance is communicated to the offeror. Unless the acceptance is
TO DO OTHERWISE: refer back again the matter of foreign country with made known to the offeror, the contract cannot be deemed perfected.
the possibility that once again the problem will be refunded to us ---> - Paragraph 2 states that when the offer and acceptance are made
would result to international football. through letters or electronic forms, the contract is deemed
perfected at the place where the offer was made
SC: when our court is confronted back with renvoi after referring back of Article 17 exclusively applies to the EXTRINSIC aspect of the
the issue from then which we referred to the first state – we shall accept contract and not in the INTRINSIC aspects (effect, terms and
the referring back then we shall apply the internal law that will solve conditions, interpretation & subject matter)
What law governs intrinsic aspects of a contract?
 because the issue/relationship of parties is merely - Parties are free to establish the terms and conditions and
contractual in nature. Do not apply LEX RAE SITAE. Only stipulations of the contract as they may deem convenient,
the law governing ordinary contracts is controlling on such unless it is contrary to law, morals or public policy. Hence,
matters. pursuant to the liberality of contract, our policy is to give
effect to the intention of the parties.
If something goes wrong – do not apply lex rae sitae (cleaning of house –
contract of service; contractual relations between the parties) For purposes of conflict of laws, intrinsic validity of the contract shall be
governed by the:
3. When the issue is not itself about the property but the issue is about 1. Law intended by the parties (Lex Loci Voluntatis)
the authority over the party - This is determined by looking at the choice of law clause
(where the parties expressly indicate what law governs
Laurel v. Garcia their contract)
 Niponggo Property by virtue of the agreement between Japan and - Limitations: The parties cannot validly stipulate a specific law
RP as compensation for the war damages. which has nothing to do with the contract at all.
 Niponggo was initially intended for diplomatic purposes to house
diplomatic officers. Aquino government intended to dispose 2. In the absence of a choice of law clause, the law which the parties
Niponggo property led by Salvador Laurel. presumed to have agreed upon (LEX LOCI INTENTIONIS)
 In other words, the very nature of Niponggo property which is a - When the contract is silent as to the choice of law of the
public domain cannot be emulated for it belongs to the whole parties and when the intention cannot be determined in the
government of Filipino people. absence of the choice of law clause, you apply lex loci
Supreme Court Ruling: - This is determined by the most significant relationship
 It is error to argue applies to such case because the issue is not theory by examining the various significant components of the
about the property as to ownership. The only issue is the authority contract. (e.g. parties, subject matter, terms and conditions,
of the government to sell the property performance, effects, considerations) and determining as to
which country these significant components refer to.
ARTICLE 17. The forms and solemnities of contracts, wills and other - Contract executed in the Philippines by two Japanese involving
public instruments shall be governed by the laws of the country in a property in the Philippines and it be performed in the
which they are executed. Philippines, the effects of the contract takes place in the
Philippines and considerations paid in the Philippines.
When the acts referred to are executed before the diplomatic of (Obviously the most significant aspect of the contract
consular officials of the Republic of the Philippines in a foreign pertains to the Philippines, hence the law of the Phils shall
country, the solemnities established in the Phil laws shall be govern the intrinsic validity of the contract)
observed in their execution.
3. When the significant components are evenly distributed to the
Prohibitive laws concerning persons, their acts or property, and
countries involved, the law of the country where the contract is
those which have for their object of order, public policy and good
likely to be upheld as valid.
customs shall not be rendered ineffective by laws or judgments
promulgates, or by determinations or conventions agreed upon in a
RULE OF EXTERRITORIALITY – Even if acts be done abroad, STILL – if
foreign country. (11a)
executed before the Philippine Diplomatic and Consular officials, the
solemnities of the Philippine laws shall be observed.
clearly that the FORMS and SOLEMNITIES of public instruments, o The theory is that the act is being done within an EXTENSION
wills and contracts shall be governed by the laws of the COUNTRY of the PHIL. TERRITORY (the principle of exterritoriality)
o Valid when done orally or should it be in writing?
o Under Int’l law, host countries waiver their jurisdiction over  The Supreme Court ruled that we cannot apply the said law because
the premises of the diplomatic offices of another country it is contrary to our public policy of protecting labor.
located in the said host country.  Laws concerning persons and their acts cannot be rendered
ineffectual by the conventions of a foreign country when it is against
When the Phils refers to a foreign law but cannot be applied because the sound policy. Just because it is valid abroad doesn’t mean it’s valid in
application of the foreign law may contradict the sound policy or morals the Philipines. By virtue of public policy, when morality comes in, it
of our country is always a problem.

Bank of America v. American Realty Corporation RULE RESPECTING PROHIBITIVE LAWS –

 The court held that section 4 of the 1997 rules on civil procedure
provides that if “two or more suits are instituted on the basis of the THE 3RD PARAGRAPH GIVES ONE EXCEPTION to the rule that a Foreign
same cause of action, the filing of one or a judgment upon the merits law, contract or judgment can be given effect.
in any one is available as a ground for the dismissal of the others.”
 A mortgagor creditor may pursue two remedies either to institute REASON: is that public policy in the Phils. prohibits the same? Ex:
against the mortgagor debtor a personal action for collection of
money or foreclosure of a mortgage but cannot avail of both a) Contract For the sale of human flesh even if valid where act
remedies. was made cannot be given effect in the Phils.
 In Philippine jurisdiction, these remedies are alternative and not b) Absolute divorce granted to Filipinos abroad even if valid
cumulative. where it was given cannot be effective here in the Phils. and
 Thus, choosing a remedy is a bar to avail the other remedy. Plaintiff c) c) Living with another man besides lawful husband and his
cannot split up a single cause of action by filing both remedies as permission.
expressly prohibited by the rules on civil procedure.
 On the contention of the petitioner that the English law should apply ARTICLE 18. In matters which are governed by the Code of
to the principal agreements that states that the mortgage does not Commerce and Special laws their deficiency shall be supplied by the
lose its security interest by simply filing civil actions for sums of provisions of this code (16a)
money, the court held that a foreign law must be properly pleaded
and proved as fact. If not pleaded, the court will presume that the  SUPPLETORY NATURE – RULE IN CASE OF CONFLICT BETWEEN
foreign law is the same as our local or domestic or internal law. This CIVIL CODE AND OTHER LAWS.
is the doctrine of processual presumption. o In case of conflicts with the code of Commerce or special
 Additionally, prohibitive laws concerning persons, their acts or laws, the CIVIL CODE shall only be SUPPLETORY, except of
property, and those which have for their object public order, public otherwise provided by the CIVIL CODE
policy and good customs shall not be rendered ineffective by laws or
judgments promulgated, or by determinations or conventions o In GENERAL, therefore, in case of conflict ---- the SPECIAL
agreed upon in a foreign country. The public policy sought to be LAW prevailse over the Civil Codem which is general in
protected in the instant case is the principle imbedded in our nature.
jurisdiction proscribing the splitting up of a single cause of action.
 The principle imbedded in our jurisdiction proscribing the splitting  When Civil Code is SUPERIOR – There are instances when the Civil
up of a single cause of action is a public policy that is sought to be Code expressly declares itself superior to special laws.
protected in this case. And accordingly, prohibitive laws concerning o COMMON CARRIERS
persons, their acts or property, and those which have for their object o INSOLVENCY
public order, public policy and good customs promulgated or agreed In case of conflict, the new Civil Code applies but under another article,
upon in a foreign country, shall be rendered ineffective in this usurious transactions are governed by special laws. (Art 1175, Civil
country. Code)

CADALIN V POEA (DIGEST CASE) Rule in Statutory Construction - The General Rule is that the special law
 Involves multiple complaints by OFWs who landed jobs in countries governs in case of conflict.
in the Middle East including Bahrain. While they were there, their
contracts were terminated and were not given their due. They filed HUMAN RELATIONS
multiple suits in the Philippines against their employers ASIA 1. ABUSE OF RIGHTS - FUNDAMENTAL TENET:
which is a foreign corporation with headquarters in Houston,
Texas, and is engaged in construction; while AIBC is a domestic ARTICLE 19. Every person must, in the exercise of his rights and in
corporation licensed as a service contractor to recruit, mobilize and the performance of his duties, act with justice, give everyone his due
deploy Filipino workers for overseas employment on behalf of its and observe honesty and good faith.
foreign principals.
 The issue raised there among others, is whether or not the filing of Presents the rightful relationship between the people. The law recognizes
the suits was within the prescriptive period. It so happened that the limits on all our rights; that in their exercise, the norms of human conduct
prescriptive period in Bahrain, the prescriptive period is only one (justice, give everyone his due, observe honesty and good faith) set forth
year from the expiration of the contract. But in our own labor law, it in Art 19. must be observed.
is 3 years from the prescriptive period. However, the contracts were  A right, though by itself is legal because it is recognized and granted
made and executed abroad. Obviously, the law that should be by law as such – may however become a source of some illegality.
applied is the one in Bahrain. When a right is exercised in the manner exercised contrary with the
norms in Art 19 -> damage to another.
Supreme Court Ruling:  LEGAL WRONG – is committed for which the wrongdoer must be
held responsible.
Law on TORTS/ QUASI-DELCTO - Whoever by act or omission causes
ELEMENTS OF ABUSE OF RIGHT: damage to another, there being fault or negligence, is obliged to pay for
1) There is a legal right, the damage done. – Art 2176, Civil Code
2) Exercised in bad faith,
3) For the sole intent of injuring another.
ARTICLE 21. Any person who willfully causes loss or injury to
What happens if a person disregards a command mandated under another in a manner that is contrary to morals, good customs or
article 19? Any violation of article 19 causes abuse of rights. There is an public policy shall compensate the latter for damage.
abuse of right when one in the exercise of his right – disregards what is
under article 19. *act there is not contrary to law/illegal rather it is against morality,
customs and policy. THE ACT MUST BE INTENTIONAL.
The aggrieved party can file for damages premised on abuse of rights
principle. This gives rise to call for damages. Art. 19, however, does not Elements under Art 21: 1) There is an act which is legal; 2) But which is
ask for penalty. It merely imposes an article for abuse of rights. Damages contrary to morals, good custom and public policy and 3) is done with
will be premised in article 20 or 21 which provide for remedy to recover Intent to injure. (willful)
damages from the wrongdoer.
 Presupposes loss or injury, material or otherwise, which one may
Article 20 Article 21 suffer as a result of such violation.
Act of omission  Damages are granted only to those injured persons who are not
Act or omission themselves at fault (refer: Pari Delicto Rule)
covers both
Nature of the act covers only
negligent and
intentional acts. Nominal Damages – are granted for the vindication or recognition of a
intentional acts.
Contrary to morals, right violated or invaded, and not for the purpose of indemnifying the
What makes the act Act or omission is plaintiff for any loss suffered by him
public policy or good
actionable contrary to law.
 CONTRA BONUS MORES ( Against good morals)
Willful and intentional are not the same.
similar offense or crime. (As to having CARNAL KNOWLEDGE
 Willful act is one that is deliberately intended to cause harm to
about such act as being immoral)
the victim. So even if the act is voluntary, it may not always
deliberately want to cause harm to another person.
Typical example which violates article 21 – Breach of promise to marry
These are torts and not crime.
*There is no law which penalizes the breach to marry based on the
CRIME TORT principle mutual consent of the marriage. Makes it one’s right to decline
to change his mind before the marriage is solemnized. But there are
An actionable wrong not defined
There is a law that punishes the instances which such breach could action to TORT where the actor can be
by a specific law but by general
act or omission liable for damages under article 21.
principles of tort.
Offended party is the
Offended party is the state Baksh v. Court of Appeals
 An Iranian national asked a Filipina woman to marry her. Because of
Seeks penalty by way of fine or Seeks compensation by way of
the promise to marry, the woman agreed and went on to live with
imprisonment recovery of damages.
 Due to this promise to marry, the woman gave up her virginity to
Tort but not a crime: Breach of promise to marry
Crime but not a tort (because is produces no damage): Illegal possession
 Moreover, the defendants parents
of drugs
 Have already made some preparations to their marriage when
ARTICLE 20. Every person who, contrary to law, willfully or petitioner repudiated from his promise.
negligently causes damage to another, shall indemnify the same to
the other
Supreme Court Ruling:
 Mere breach of promise to marry is not actionable.
Focus of Art. 20: an act which is against the law which can either be
committed through negligence or intentional act.  However, if there is carnal knowledge and the promise to marry was
the proximate cause to the agreement to sexual intercourse, then a
- Precisely the INTENTIONAL TORT (american concept) woman can file for damages.
- The article basically punishes illegal acts whether done  What is punished is essentially the idea of deceit, enticement,
willfully or negligently. superior power or abuse of confidence on the part of the seducer to
which the woman has yielded.
 MALICE OR BAD FAITH is at the core of this provision.
What’s the rule? Depends on:
 Good faith is presumed and he who alleges Bad Faith must prove
a. When there is sexual intercourse (carnal knowledge)
the same. / Malice connotes bad faith or ill-will which implies an
i. Compel the other when results pregnancy – compel recognition
intention and unjustifiable harm.
or affiliation (support)
 TORTS/WRONG – legal principle; where there is a wrong, there is a
ii. Aggrieved party to sue for actual damages representing the
expenses incurred in the preparation of the wedding.
o Spanish tort –based on negligence
iii. If there was criminal/moral seduction which made the woman to
o American tort – based on malice
surrender her woman hood to the man (devoured)
- Criminal seduction if MINOR as outpatients since they are already cleared for discharge or if
- Moral seduction if ^18 they want to stay, the hospital will have to downgrade the
- MAY ASK FOR MORAL DAMAGES accommodation.
iv.But if the carnal knowledge was due to mutual LUST both of  Ty failed to pay and the hospital was forced to downgrade the
them Enjoyed it to their intimate delight – NO ACTION FOR accommodation. Ref, aircon, tv and telephone were cut.
MORAL DAMAGES WILL FOLLOW (PARI DELICTO – equal in  Ty sued for damages against the hospital and management claiming
guilt/fault) that the hospital abused its rights
What justifies the action for moral damages is the fraud and deceit that was  Issue: Whether or not Robelyn can claim damages under the
created when there was a breach of promise to marry. principle of abuse of rights.

b. No carnal knowledge – Supreme Court Ruling

i. Actual damages for wedding prep  Damnum Absque Injuria – While we can only sympathize with
ii. Even if there was no sexual intercourse, the breach of promise to the inconvenience that the family suffered as a result of the
marry  humiliated and embarrassed the other (moral damages downgrading of the accommodation, but this does not give
can also be recovered) **clear case of abuse of right them the right to recover for damages. It is within the right of the
hospital to downgrade the accommodation. Hospitals, while it is
c. Prompted in good faith – NOT ACTIONABLE. being impressed with public interest, is also a business that has to
- e.g. if one realizes that he/she does not love the other. sustain its economic viability for it to survive.
 The facilities cut off were non-essential medical facilities, while
IMPORTANT NOTE: YOU CAN ONLY ASK FOR DAMAGES WHEN THE they may cause inconvenience, they did not in any way prejudice
ACT WAS DONE WILLFULLY AND NOT ONLY VOLUNTARILY. or jeopardize the condition of the patients.
 The award of damages presupposes two things:
Nikko Hotel Manila Garden 1. The existence of the damage
 Amay Bisaya was having coffee at the Nikko Garden hotel when 2. The act of the defendant being violative of the right of
he met a friend carrying a bag of fruits. the plaintiff
 After a brief conversation, his friend told him that he will be
attending party at the penthouse. Sensing the opportunity to ARTICLE 22. Every person who through an act of performance by
gatecrash, Amay Bisaya carried the basket and went to the another, or any other means, acquires or comes into possession of
penthouse and acted as if he was an invited guest. something at the expense of the latter without just or legal ground
 During dinner, the organizer noticed the presence of Amay Bisaya shall return the same to him.
and told Amay Bisaya to leave the party. Bisaya made a scene
causing commotion. *receipt of something gives rise to a return because receipt was without
 Bisaya filed an action for damages against the hotel and the justifiable cause. INTENTIONAL
 Issue: Whether he is entitled to damages because of the alleged UNJUST ENRICHMENT – No person can claim what is not validly and
damages he suffered when he was asked to leave. legally his/hers. Hence, s/he would not unduly profit on something which
does not meritoriously belong to him/her. (Accio in rem verso)
Supreme Court Ruling
 The fact that one may have suffered damage, doesn’t mean that  Nemo Cum Allerius Detrimento Protest – No person shall
the aggrieved party is entitled to damages. unjustly enrich himself at the expense of another.
 The award for a tort action is based on 2 conditions:  Nemo ex alterius incommende debet lecupletari – no man ought
a. The existence of the damage to be made rich out of another’s injury.
b. The act of the defendant being violative of the right of the
plaintiff Accion in rem verso – When something is received when there is no right
 There is no evidence that the organizer had maliciously intended to demand at the expense of another.
to embarrass him. Damnum Absque Injuria.
 This case illustrates that voluntary actions will not necessarily lead Ex. You went shopping in Ayala and in your hurry to leave, the security
to action for damages. There must be willfulness. guard asked for the receipt but you could not show it at that moment.
Since you don’t want to create a scene, you went back to the cashier and
Doctrine of DAMNUM ABSQUE INJURIA – loss, hurt or harm without paid for the same items twice. If the receipt of the items surfaced after a
injury in the legal sense, that is, WITHOUT SUCH AN INVASION OF few days, Ayala has to give you back the amount you paid for the second

 Essential that some right has to be impaired. Solutio Indebiti (Article 2154) – When something is received when
 ART 11, PARAGRAPH 4 OF REVISED PENAL CODE there is no right to demand it, it being delivered by mistake, duty to
 There is no breach of illegal duty. Ex. When you suddenly have 1 million pesos in your ATM.
 This also covers the act of self-defense.
Difference: In accio in rem verso, the delivery of the property was
done voluntarily and intelligently while in solution indebiti, the
Manila Doctors v. Chua & Ty property was delivered by mistake.
 Involves hospital patients, mom and sister of Ty.
The indemnity cannot exceed loss or enrichment whichever is less.
 The hospital expenses ballooned that she could no longer pay.
 Despite repeated reminders, when Ty could not update the
account, the hospital reminded them to either consider the patients
Article 308 of CC – anyone who finds a lost property MUST return it to - There is a fire and the fireman cannot get in the subdivision
the owner when owner is known. If unknown, go to the mayor. without damaging the neighboring houses. The owners of the
- If one does not do either - THEFT. Failure to return/deliver lost houses cannot prohibit the fireman. If that is the only means to
property to the proper authority is a crime…theft bro! theft. save the subdivision, then he may do so.
- It is not the fireman that is liable, but the owners of the
Article 719 – MAYOR SHOULD publicly announce in whatever ways the subdivision.
mayor finds it convenient. If the owner does not come forward in 6
months from public announcement, the lost property is now awarded to Do not confuse state of necessity with the exercise of police power under
the FINDER. Vested on the finder by virtue of OCCUPATION (mode of Article 436 Civil Code – whenever a property is condemned or destroyed in
acquisition when property did not have a previous/known owner). the name of general security or public welfare – the owner of such property
cannot claim compensation. In police power there is not right for
- if the owner comes forward within the 6-month rule, finder indemnity.
should be given 1/10 of the VALUE of the property found to
recognize one’s honesty. ARTICLE 24. In all contractual, property or other relations, when one
- However, is perishable, it will be auctioned. of the parties is at a disadvantage on account of his moral
dependence, ignorance, indigence, mental weakness, tender age or
ARTICLE 23. Even an act or even causing damage to another’s other handicap, the courts must be vigilant for his protection.
property was not due to the fault or negligence of the defendant, the
latter shall be liable for indemnity if through the act or event he was COURT VIGILANCE – The law takes interest in the welfare of the weak
benefited. and the handicaped. Thus we have Parens Patriae.

Still UNJUST ENRICHMENT PARENS PATRIAE ( “father/parent of the country”) – refers to the
sovereign power of the state safeguarding the rights of persons under
 Duty to indemnify because of benefit received. diability, such as the insance and inompetent.
 Only prove the correlation of benefit and damage.
 UNLESS there is duty to indemnify, unjust enrichment will  The state as Parens Patriae is under the obligation to
occur. minimize the risk to those who because of their minority are as
 The fact that someone benefited from some damage makes rise yet unable to take care of themselves fully.
of indemnity
Meaning of “Vigilant for his protection” – The phrase in general means
Example of Art. 23: Without A’s knowledge, a flood drives his cattle to the that in case of doubt, doubt must be resolved in favor of the “underdog”.
cultivated highland of B. A’s cattle are saved but B’s crops are destroyed.
 Summun Jus, Summa Injuria – Thus, If the laws were always to be
A was not at fault, but he was benefited. Hence, he should indemnify B.
applied strictly there would be danger that injustice may arise.
Article 23 closely related to Art 432
Protects among others, the labor class, many members of which face
Art 432 Doctrine of necessity or complete privilege obvious disadvantage.

- The owner of a property has no right to prevent Inadmissability of Confession through Coercion – inadmissable
interference by another of his property, if the interference is because the essence of it was that it proceeds from the free will of the
necessary to avert an imminent danger and the imminent person confession which was not obtained because s/he was coerced
danger if compared to the damage, is greater. The person
who was benefited is obligated to indemnify for the damage ARTICLE 25. Thoughtless extravagance in expense for pleasure or
caused. display during a period or acute public want or emergency may be
- Example: A fireman destroying a nearby house to gain stopped by order of the courts at the instance of any government or
access to the subdivision. The nearby property is destroyed to private charitable institutions.
avert a greater evil, being the destruction of houses inside the
The law seeks to prevent inconsiderate and ostentious activities during
subdivision due to the fire. Destroy one house to save many.
times of emergency.
Article 23 Article 432
Because of the benefit derived, the obligation to indemnify arises.  Reason: Thoughtless extravagance during emergencies may incite the
passions of those who cannot afford to spend.
Need not distinguish whether the
The evil sought to be avoided  Who can bring the action? Charitable institution (whether government
evil sought to be avoided is
must be greater than the damage or private) may bring the action --- But there should be court order to
greater than that suffered by the
cause. such action.

ARTICLE 26. Every person shall respect the dignity, personality,

Art 11 paragraph 4 RPC – doctrine state of necessity (A justifying
privacy and peace of mind of neighbors and other persons. The
following and similar acts, though they may not constitute a criminal
offense, shall produce a cause of action for damages, prevention and
- Damage caused by an act intended to save a greater evil but
other relief:
whoever has derived benefit from the event is liable to
indemnify those who were damaged by the event in the course
1.) Prying into the privacy of another’s residence
of the firemen’s intervention
2.) Meddling with or disturbing the private life or family
- Article 101 of the RPC: The party in whose benefit the damage
relations of another
was done should indemnify.
3.) Intriguing to cause another to be alienated from his
For both Art. 432 (NCC) and Article 11 (RPC): THE FIREMAN
4.) Vexing or humiliating another on account of his religious in any manner impedes or impairs any of the following rights and
beliefs, lowly station in life, place of birth, physical defect liberties of another person shall be liable to the latter for damages:
or other personal condition.
(1) Freedom of religion;
A civil action may be instituted even when no crime is involved and (2) Freedom of speech;
moral damages may be obtained. (3) Freedom to write for the press or to maintain a periodical
 Remedies: publication;
o an action for damages (4) Freedom from arbitrary or illegal detention;
o an action for prevention or (5) Freedom of suffrage;
o any other relief. (6) The right against deprivation of property without due process of
 Scope: law;
a.) Prying into someone elses’s residence - includes by implication (7) The right to a just compensation when private property is taken
respect for another’sname, picture or personaluty except for public use;
insofar as is neededfor publication of info and pictures of (8) The right to the equal protection of the laws;
legitimate news value. (9) The right to be secure in one's person, house, papers, and effects
b.) Meddling with or disturbing the private life of family relations against unreasonable searches and seizures;
and of another, as well – includes alienation of the affections of (10) The liberty of abode and of changing the same;
the husband of the wife. (11) The privacy of communication and correspondence;
c.) Intriguity to case to be alienated from his friends, includes (12) The right to become a member of associations or societies for
gossping, amd reliance o hearsay. purposes not contrary to law;
d.) Vexing or humiliating ncludes confusing and health for (13) The right to take part in a peaceable assembly to petition the
features w/ justuciable legal cause. government for redress of grievances;
(14) The right to be free from involuntary servitude in any form;
PROTECTION OF HUMAN DIGNITY – This article enhances human (15) The right of the accused against excessive bail;
dignity and personality. SOCIAL EQUITY is not sought, but due regard for (16) The right of the accused to be heard by himself and counsel, to
decency and propriety. be informed of the nature and cause of the accusation against him, to
have a speedy and public trial, to meet the witnesses face to face,
If there is no law punishing the act, then there is no crime. and to have compulsory process to secure the attendance of witness
in his behalf;
ARTICLE 27: Any person suffering material or moral loss because a (17) Freedom from being compelled to be a witness against one's
public servant or employee refuses or neglects without just cause, to self, or from being forced to confess guilt, or from being induced by a
perform his official duty may file an action for damages and other promise of immunity or reward to make such confession, except
relief against the latter, without prejudice to any disciplinary when the person confessing becomes a State witness;
administrative action that may be taken. (18) Freedom from excessive fines, or cruel and unusual
punishment, unless the same is imposed or inflicted in accordance
ARTICLE 28: Unfair competition in agricultural, commercial or with a statute which has not been judicially declared
industrial enterprises or in labor through the use of force, unconstitutional; and
intimidation, deceit, machination or any other unjust oppressive or (19) Freedom of access to the courts.
high-handed method shall give rise to a right of action by the person
who thereby suffers damages. In any of the cases referred to in this article, whether or not the
defendant's act or omission constitutes a criminal offense, the
ARTICLE 29: When the accused in a criminal prosecution is acquitted aggrieved party has a right to commence an entirely separate and
on the ground that his guilt has not been proved beyond reasonable distinct civil action for damages, and for other relief. Such civil
doubt, a civil action for damages for the same act or omission may be action shall proceed independently of any criminal prosecution (if
instituted. Such action requires only a preponderance of the latter be instituted), and mat be proved by a preponderance of
evidence. Upon motion of the defendant, the court may require the evidence.
plaintiff to file a bond to answer for damages in case the complaint
should be found to be malicious. The indemnity shall include moral damages. Exemplary damages
may also be adjudicated.
If in a criminal case the judgment of acquittal is based upon
reasonable doubt, the court shall so declare. In the absence of any The responsibility herein set forth is not demandable from a judge
declaration to that effect, it may be inferred from the text of the unless his act or omission constitutes a violation of the Penal Code
decision whether or not the acquittal is due to that ground. or other penal statute.

ARTICLE 30: When a separate civil action is brought to demand civil ARTICLE 33: In cases of defamation, fraud, and physical injuries a
liability arising from a criminal offense, and no criminal proceedings civil action for damages, entirely separate and distinct from the
are instituted during the pendency of the civil case, a preponderance criminal action, may be brought by the injured party. Such civil
of evidence shall likewise be sufficient to prove the act complained action shall proceed independently of the criminal prosecution, and
of. shall require only a preponderance of evidence.

ARTICLE 31: When the civil action is based on an obligation not ARTICLE 34: When a member of a city or municipal police force
arising from the act or omission complained of as a felony, such civil refuses or fails to render aid or protection to any person in case of
action may proceed independently of the criminal proceedings and danger to life or property, such peace officer shall be primarily
regardless of the result of the latter. liable for damages, and the city or municipality shall be subsidiarily
responsible therefor. The civil action herein recognized shall be
ARTICLE 32: Any public officer or employee, or any private independent of any criminal proceedings, and a preponderance of
individual, who directly or indirectly obstructs, defeats, violates or evidence shall suffice to support such action.
ARTICLE 35: When a person, claiming to be injured by a criminal Rule: The civil action is deemed impliedly instituted in the criminal
offense, charges another with the same, for which no independent action.
civil action is granted in this Code or any special law, but the justice
of the peace finds no reasonable grounds to believe that a crime has Hence, criminal action carries with it the civil action even the case #
been committed, or the prosecuting attorney refuses or fails to is only one. There will be two proceedings lobbed together in one case.
institute criminal proceedings, the complaint may bring a civil There are two lawyers: the prosecutor and the private lawyer and the
action for damages against the alleged offender. Such civil action two cases will be tried together.
may be supported by a preponderance of evidence. Upon the
defendant's motion, the court may require the plaintiff to file a bond When the accused is convicted:
to indemnify the defendant in case the complaint should be found to It follows that the accused is also civilly liable.
be malicious.
When the accused is acquitted:
If during the pendency of the civil action, an information should be  Beyond reasonable doubt (Art 29)
presented by the prosecuting attorney, the civil action shall be - If the acquittal of the accused is based on reasonable doubt
suspended until the termination of the criminal proceedings. (evidence is not sufficient to prove that he is guilty but could
actually be), the court may still adjudge the accused civilly
INSTITUTION OF CIVIL ACTIONS liable even if not criminally liable because of the lesser
quantum of evidence in a civil case which is just
An act or omission may be both a crime and tort. preponderance.
 Innocent
Crime – Penalty (fine/imprisonment) - If the acquittal is based on complete innocence, there will be no
Tort – Recovery of damages civil liability because it has no leg to stand on.
Civil liability may take the form of: (Art 104 RPC)
2. When the civil action is waived by the offended party:
1. Restitution (return of the property stolen)
2. Reparation of damage caused (value of the property stolen) Rule: The offended party should make the waiver before the
3. Indemnification of consequential damages (value of the unearned presentation of evidence of the prosecution.
Effect if no waiver is made before presentation of evidence: The
How to pursue civil liability? Through civil action civil action is deemed impliedly instituted in the criminal
Sources of Civil Liability
Article 100 of RPC Every person criminally liable is civilly liable. Effect if waiver is timely made: The civil action cannot anymore
Violation of constitutional rights of another be pursued by the private complainant. So if the accused is
makes one liable for damages regardless of a found guilty is the criminal case, he cannot anymore file a
Article 32 of NCC criminal action that may be filed. This civil civil action to recover civil liability because of the waiver
action is separate and distinct from the criminal made.
In cases of defamation, fraud, physical injury, a 3. When the civil action s reserved by the offended party
Article 33 of NCC separate civil action may be filed against the Rule: The offended party should make an express reservation
person responsible. before the presentation of evidence of the prosecution.
When a member of the police fails to render aid The private complainant may choose not to participate in the
or protection to any person in case of danger to criminal case but he may choose to pursue a civil action.
Article 34 of NCC
life or property, a separate civil action may be
filed against the police officer. Effect if no reservation is made before presentation of
Anyone who causes damage to another through evidence: The civil action is deemed impliedly instituted in
Article 2176 of fault or negligence, there being no contractual the criminal action.
NCC relations between them, shall be liable for
damages. Effect if reservation is timely made: The civil action shall be
suspended at any stage of the trial to await the outcome of the
INSTITUTION OF A CIVIL ACTION TO PURSUE CIVIL LIABILITY criminal action. It cannot proceed independently. It has to
The rule depends on whether the civil action is dependent or wait until the criminal case is decided and in that criminal
independent. case, he is not allowed to participate because it is a purely
criminal case and he has already reserved the civil action.
DEPENDENT CIVIL ACTIONS When the accused is convicted:
Those actions which are based only on Art 100 of the Revised Penal Code. Offended party may now continue with the civil action earlier
They are dependent on the outcome of the criminal case. reserved.

RULES: When the accused is acquitted:

A civil action arising from a crime may be waived, reserved or filed ahead  Reasonable doubt – Civil action earlier reserved may be
of the criminal action by the offended party: pursued.
 Innocence – The civil action reserved may not
1. When the civil action arising from a crime is not waived, anymore continue.
reserved nor filed ahead of the criminal action by the
offended party: 4. When the civil action is filed ahead of the criminal
action by the offended party
There is no rule that prohibits the offended party from filing Take Note: The rule that acquittal based on pure innocence bars a civil
the civil action ahead even if it is dependent on the action is true only to a civil action anchored on Art 100 (dependent civil
criminal action. action), and not to independent civil actions.
 When the prosecutor who has the duty to
determine whether to file a criminal case or not, ARTICLE 36: Pre-judicial questions which must be decided before
because of the maneuvering of the defense counsel, any criminal prosecution may be instituted or may proceed, shall be
will take time to decide whether or not to proceed governed by rules of court which the Supreme Court shall
with the criminal case. Hence, the preliminary promulgate and which shall not be in conflict with the provisions of
investigation will take some time. If this happens, this Code.
the private complainant may go ahead with the civil
action. Prejudicial questions:
 Or after evaluation of the evidence, the prosecutor is In a situation where a criminal action is pending and a civil action is
convinced that there is no basis to go forward with pending…it is possible that the issue raised in the civil case intimately
the criminal case leading to the dismissal. The related to the issue raised in crim action.
private complainant, however, believes that there
is preponderance of evidence to prove civil For this to apply: It is NECESSARY that the civil case be filed ahead of the
liability, he may go ahead with his own civil criminal case.
action even if it is dependent.
What happens if the private complainant filed the civil action ahead ARTICLE 40. Birth determines personality; but the conceived child
of the criminal action, but eventually while the civil action was shall be considered born for all purposes that are favorable to it,
pending, the prosecutor filed the criminal action? provided it be born later with the conditions specified in the
following article. (29a)
a. The civil action shall be suspended at any stage of the
proceedings (because the civil action is dependent on the ARTICLE 41. For civil purposes, the fetus is considered born if it is
criminal action) so long as no judgment has yet been rendered. alive at the time it is completely delivered from the mother's womb.
If suspended: Apply the rule on reservation However, if the fetus had an intra-uterine life of less than seven
b. The civil action which was filed ahead may be consolidated months, it is not deemed born if it dies within twenty-four hours
with the criminal action belatedly filed. after its complete delivery from the maternal womb. (30a)

INDEPENDENT CIVIL ACTIONS ARTICLE 42. Civil personality is extinguished by death.

Those which are filed based on Art 32, 33, 34 and 2176 of the Civil Code. The effect of death upon the rights and obligations of the deceased is
By nature, they are not dependent on the outcome of the criminal action. determined by law, by contract and by will. (32a)
Example: Murder (a crime involving physical injury as per Art 33 and an
independent civil action may be filed) ARTICLE 43. If there is a doubt, as between two or more persons who
are called to succeed each other, as to which of them died first,
Civil action as per Art 100 as well whoever alleges the death of one prior to the other, shall prove the
same; in the absence of proof, it is presumed that they died at the
Effect: One criminal action for fraud and two civil actions being pursued same time and there shall be no transmission of rights from one to
by the private complainant. the other. (33)

1. Dependent civil action - Art 100 (Impliedly instituted in the criminal 2 KINDS OF PERSONS
action if not waived, reserved nor filed ahead)
2. Independent civil action – Art 33 1. NATURAL PERSONS
A. Since an independent civil action is simultaneously pursued with NATURAL PERSONS –civil personality is inherent to all natural persons.
the dependent civil action, in the criminal action where the civil When does this commence?
action is deemed impliedly instituted, the private offended party
may still actively participate in the criminal action. Under article 40 – birth determines personality. Only those who were
B. The offended party may also pursue the independent civil action born are considered natural person.

Are two civil actions allowed? But the unborn child while still inside maternal womb – considered born-
provided that it shall be born according to art 41.
Though the objective is the same which is to recover damages, but
pursued differently in two distinct civil actions, the rule does not 1. If it is alive after complete delivery from maternal womb– civil
prohibit simultaneous remedies. What is prohibited is DOUBLE personality
RECOVERY. 2. Premature babies – legal personality only when it is alive
within 24 hours after complete delivery from maternal womb
When the accused is convicted; 3. Unborn (inside maternal womb) endowed with certain legal
1. It will not be of any effect to the independent civil action personality (has presumptive personality but for it to acquire
When the accused is acquitted: complete civil personality MUST BE BORN.)
1. Reasonable doubt – independent civil action may continue 4. IF NOT BORN, it does not possess rights at all
2. Innocence – independent civil action may continue
Geluz v. Court of Appeals
 Action for damages filed by a father against a doctor who performed - Succession: 10 years before his estates can be divided by the
3 abortions on his wife. heirs (Except: When the father disappeared after the age of
 Issue: Whether or not the husband has the cause of action to 75 – absence of 5 years only)
recover damages arising from the death of the fetus - Remarriage: 4 years
ii. Disappearance under extraordinary circumstances when there is
Supreme Court Ruling: danger of death
 Only he who suffered injury has the right to recover damages - Presumption of death: 4 years of absence
and not anyone else. If the victim died, the action may be pursued by - Remarriage: 2 years
the heirs.
 In this case, the fetus died while it was still inside the womb, it did Applies only in the absence of evidence to prove the fact of death.
not become a person because it was not born, and it did not have Otherwise, when there is enough preponderance of evidence, that the
any right and when it died, it transmitted nothing to the parents. person who disappeared really died, the presumption does not apply.
 It does not follow however that the father cannot claim damages at
all, but not on behalf of the child, but due to his anxiety and Eastern Shipping Lines v. Josephine Lucero
frustration from parental expectation.  Lucero is captain of a vessel and his services were engaged by
 The father failed to prove moral damages arising from the abortion. the company on a voyage, Philippines to Hongkong and back.
 He did not appear to be suffering from the agony of the death of his  Under the contract, his wife shall be the allottee of his salary.
child.  But the vessel encountered huge waves brought about by the
Do not confuse civil liability with life:  Captain Lucero sent distress messages to the company, the last
message being that the crew are ready to abandon the ship.
Civil personality – starts at birth  Everyone accepted that Lucero is already dead, except the wife.
Life – begins at conception  She argued that contract shall only be terminated upon the arrival of
the vessel to the Philippines and because the vessel has not yet
It is not accurate to say that only a person can die; that only those who arrived, she shall continue to receive the salary of the husband.
were born can die. Even if a fetus is not yet born, it can die. This is a  She also contended that her husband cannot be presumed dead
PROVISIONAL PERSONALITY. Civil personality - CAPACITY to possess because the presumptive period of death of 4 years has not yet
rights and obligation. expired.

 should not be confused with capacity to DIE. Does not follow Supreme Court Ruling
that only those who are born are capable of dying (fetus – life  The rule on the presumption of death applies only when there is
begins at conception) absence of evidence to prove the fact of death.
 In the case at bar, there is preponderance of evidence that the
Continental Steel Manufacturing Corporation v. Accredited captain really died when the vessel capsized.
Voluntary Arbitrator  The rule on presumption does not apply, but the preponderance.
 Claim for bereavement benefit filed by a father by reason of
the collective bargaining agreement between the union of which Victory Shipping Lines v. Workmen Compensation Commission
the father is a member being an employee of the company.  Involves a crew of a vessel soundly asleep when they were suddenly
 The company entitles the employees to bereavement benefit in case awakened by the fire that engulfed the vessel.
of death of any dependent  Instinctively, he jumped and has been heard of since then.
 When his wife suffered a miscarriage and his unborn child died, he  Father filed an action to collect the death benefits arising from the
claimed for his bereavement benefit. death of his son. The Commission granted but the company
 But this was refused by the company because of the contention that appealed the decision arguing that it was still premature for the
the dependent contemplated under the collective bargaining father to claim the death benefit because the period provided for
agreement refers to a dependent who was born. So the fetus cannot under the law where the son can be presumed dead has not yet
be a dependent because it did not become a person and only a expired.
person can die.
Supreme Court Ruling
Supreme Court Ruling  The rule on presumption of death because there is preponderance of
 The company if obviously confusing life with civil personality. Civil evidence that the son really died when he jumped off the vessel
personality commences at birth, while life begins at conception. during the fire.
 Civil personality is extinguished by death. And all his rights and
obligations die with him. b. Presumption of Survivorship paragraph JJ on the rules of
3 PRESUMPTIONS GOVERNING DEATH: Can be applied with all purposes EXCEPT succession.

a. Presumption of Death Rule 131 paragraph W of rules of court When two persons died, the crucial issue is who of them died first?
When the dead body cannot be found – A person may be
considered dead when the presumption applies: Survivorship is determined from the probabilities resulting from the
strength and age of the sexes:
It arises when: Someone disappeared without trace; his
whereabouts unknown I. Under 15 and over 60 – the younger died later
II. Both are under 15 – older died later
Rule: III. Over 60 – younger died later
IV. Under 15 or over 60; between 15 and 60 – the latter
i. Disappearance under ordinary circumstance: died later
- Presumption of death: 7 years of absence
V. Over 15 and under 60; male died later; older died
later (same sex) Article 2-6: Essential & Formal Requisites for Marriage
Essential Requisites
c. Presumption of Simultaneity of death Par. KK
Legal Capacity
For purposes of succession.
1. Only parties of opposite sex
When there is doubt as to who between two persons who are called
- Determination is based on what the child has at birth
to succeed each other died first, he who alleges the death of the
- This determination is immutable and no amount of surgical
other shall prove the same. In the absence of proof, they are
and scientific intervention can change such determination
deemed to have died at the same time and there shall be no
made at birth
transmission of rights.
Rommel Silverio vs. Republic of the Philippines
Persons and Family Relations
- Silverio was born male (hard and long)
- But when he grew older, he realized that he feels like a woman. He
Article 1: Definition of Marriage
thinks and acts female.
- He can’t really find happiness in a situation if he is trapped in a male
 A special contract which calls for a permanent union
between a man & a woman for the establishment of a family
- He filed an action in court to change his gender and along with it,
life. Its nature, consequences and incidents of marriage are
change is name from Rommel to Melly.
governed by law and not subject to the agreement of the
- The Court did not look kindly on Silverio. His petition was rejected.
 This is an inviolable permanent social institution.
- The Supreme Court said that one’s gender is determined by birth by
visual examination made by the birth attendant by looking at the
General Rule: The consequences of marriage are governed by law and
child’s genitals.
cannot be subject to the compromise of both parties.
- The court, however, did not close its doors on possible change of
gender by surgical operation.
Exception: The choice of economic regime that will govern their property
- The problem of Silverio is that there is no law that allows change of
relation during the marriage.
gender that allows change of gender because of surgery.
- Sex re-assignment surgery, done in many countries, is already a fact
Marriage is both a CONTRACT and a STATUS
of life.
- Marriage produces rights and imposes obligations that are
The rule laid down in Silverio will only apply when the determination of
very personal in nature.
the genitals of the baby is clearly defined.
- This means that it is only the parties that can exercise and are
burdened with these rights and obligations.
Republic vs. Cagandahan
- The obligation to accompany each other or in the mystery of
creation is a personal right.
- What happens when the child has a condition called CAH or
“intersex individuals”?
- This is a special one, not your run in the mill contract.
- Intersexuality
- Marriage is a private affair but endowed with public interest.
 Applies to human beings who cannot be classified as either
- In ordinary contract, the rule is liberality, where the parties
male or female because they have the biological characteristics
can always agree which may be deemed proper so long as
of both a man and a woman.
these are not contrary to law.
- In marriage, this is not true. The nature, incidents and
- Where the person is biologically or naturally intersex, the
consequences of marriage are not subject to law.
determining factor in his gender classification would be what the
- The only exception is on marital settlements (pre-nuptial
individual, at the time he reached the age of majority, with good
agreements) on property relations.
reason thinks of his/her sex. In this case, the gender classification at
- It is along this line that future support cannot be waived.
his/her birth is deemed inconclusive since it is only at maturity is
the gender of such person is fixed.
The Supreme Court ruled that a company policy prohibiting - It is the right of the person who has the choice to determine how he
employees of the same company from marrying each other is an wants to be identified. This determination is respected by the
invalid exercise of management prerogative for the failure of the courts.
employer to present any evidence of business necessity of the 2. On Age Requirement
prohibition. Absence of such bona fide occupational qualification - This is legal capacity, ergo, determined by the national law of
renders the policy invalid. the person pursuant to Article 15 of the Civil Code.
- If both applicants are Filipinos, they have to go to the Local
R.A. No. 6955: The Act Prohibiting Mail Order Brides Civil Registrar and apply there.
 This law penalizes any person or entity who carries on a  For 18-21, parental consent is need absence of
business of matching Filipino women for marriage with a which will render the marriage voidable.
foreigner.  For 21-25, parental advise is needed absence of will
Marriage does not shed a spouse’s integrity and right to privacy delay the issuance of the marriage license by the
 The intimacies between husband and wife do not justify any Local Civil Registrar for 3 months.
one of them breaking into the drawers and cabinets of the  On Foreigners:
other for any telltale evidence of marital infidelity. Any - Article 21: If both of the applicants for a marriage license are
evidence obtained therefrom is inadmissible in evidence. citizens of a foreign country, instead of requiring to submit a
birth certificate or a baptismal certificate, they are required to
submit a certificate of legal capacity to contract marriage
issued by their own consular office. Do not confuse consent with motive.
- This may result to, say, a marriage between an 18-year-old - Motive is not a requisite for marriage, neither is it a legal
Filipina and a 15-year-old German national. impediment.
 On Stateless Persons
- You cannot apply nationality theory because the person is a Republic of the Philippines vs. Liberty Albios
citizen of no country. The nationality theory will not apply. Facts:
- Article 21: He only has to submit an affidavit showing such - A case where the wife agreed to marry the husband to be able to
legal capacity. The affidavit shall show the circumstances by acquire his citizenship
which it can be inferred that the party is legally capacitated to - The husband also agreed because he would be paid $2,000.
contract marriage. - After the marriage, the American husband vanished into thin air and
- But whose law will determine? failed to help the wife.
o PIL: While it impossible for an individual to have no - Albios filed for the declaration of nullity on the ground of lack of
citizenship, it is impossible for an individual to be without consent because they entered into the marriage without any
domicile. (Domiciliary Theory) intention to establish a conjugal and family life.
o Suppose a person is not a domicile of any country, and Ruling:
only lives in the high seas, determine the temporary - There is consent as long as the parties intended to be bound by the
domicile. It will then be logically inferred that the place contract of marriage, regardless of their motives.
where he applies for marriage is where his temporary - The wife contracted marriage in order to facilitate the acquisition of
domicile is. The laws of the temporary domicile will then the citizenship.
prevail. - She also knows too well that in order to do that, she must be bound
o Distinction with Lex Loci Celebrationis: Only the effect by a valid marriage.
is the same. It is not accurate to say that this principle - The premise of entering the marriage was clearly entering into a
applies to the legal capacity of stateless persons. valid marriage.
3. Absence of any legal impediment
- The parties must be free from any legal impediments Formal Requisites
- What must be absent? Authority of Solemnizing Officer
o By reason of relationship: must be not less than 4th  The person who solemnized the marriage must be among
degree from ascendant or 1st degree of consanguinity.
those authorized in Article 7 of the Family Code to solemnize
o By reason public policy: Marriages mentioned in Article
the marriage.
 The authority of the solemnizing officer to solemnize the
 Sir’s obiter: The marriage between the adoptive
marriage is presumed unless it is otherwise proven.
parent and child of the adopted child is nothing
 It is not the duty of the solemnizing officer to scrutinize the
which is why they are allowed to marry.
marriage license.
 On surviving spouse and adoptive parent: This does
not apply when the marriage is dissolved by judicial
General Rule: Defect in the authority of the solemnizing officer will
declaration of nullity or annulment. Only applies
render the marriage void.
when one of them actually dies.
o Previous marriage and the manner it got dissolved.
Exception: If either one or both of the parties believe in good faith
(Article 53 marriages)
that the person who solemnized their marriage is authorized by law to
o When a marriage is declared void under Article 40,
do so, then the marriage is considered valid.
the declaration should also include the partition,
resolution and registration on properties. This also
Article 7: Persons Authorized to Solemnize Marriage
includes the recording of the lands to the respective
 This is a manifestation that the State is a party of the contract as it is
Registration of Deeds to where the properties are
represented by the solemnizing officer.

1. Any incumbent member of the judiciary can solemnize a

It is only when these three requirements are all present that a person may
marriage only when the ceremony is held within its territorial
be deemed to have legal capacity.
jurisdiction, otherwise it is a mere irregularity.
- Only incumbent, not resigned nor terminated
Consent Freely Given - If this is not followed, the marriage solemnized outside of the
- Do not confuse this with vitiated consent jurisdiction is valid but judge is subject to administrative
a) Given in the presence of the solemnizing officer liabilities.
b) with at least 2 witnesses of legal age. - Cases:
 The consent does not need to be expressed since it can be  Navarro vs. Domagtoy
deduced from the acts of the parties showing that they take  Aranes vs. Occiano
each as husband and wife.  Berso vs. Daguman
2. A priest, an imam, a rabbi, a minister or pastor following this
When is there absence of consent? certain conditions:
Examples: a. Registered with the Civil Registrar General
a. Marriage in jest b. Must be authorize by his/her church or religious sect.
- They did not actually intend to be bound by the effects of c. Must act within the limits of the written authority granted to
marriage. him by his church or religious sect.
b. Mistake in identity of the party d. At least one of the contracting parties belongs to the
- The consent should be with the other party and not someone solemnizing officer’s church or religious sect.
3. A ship captain or airplane chief can solemnize marriage only if - The application for marriage license will be posted in the bulletin
one of the parties is at the point of death and that the parties must board and 2 conspicuous places in order to inform the public that
be passengers or crew members of the ship or airplane while it was two people want to get married. The publication will last for 10
in transit. days.
- This includes stopovers - Only the Local Civil Registrar where at least one of the applicants is
- Given the nature of the situation, where a voyage may have the a resident can issue the marriage license
possibility of extreme emergencies. (Dili labot nang mu-sink na
ha, just the requirement of dying) Exceptions to the requirement of marriage license:
4. Military commander provided they follow the requisites: 1. Article 27-32: Marriage under Articulo Mortis
a. He must be a commissioner officer with a rank of 2nd lieutenant  Articulo Mortis (Point of Death) Marriage
ensign and above of the commanding military unit where the - This is a marriage done wherein one of the party is at the point of
chaplain is assigned. death. This kind of marriage can be solemnized w/out the need
b. The assigned chaplain is absent at the time of marriage is of a marriage license for necessity and practicability.
solemnized. - This can be solemnized by a ship captain or airplane chief or a
c. The marriage must in articulo mortis military commander, all of which must be in according to article
d. The contracting parties must be a member of his unit or a 7 of the family code.
civilian. Duty of the person who solemnized the marriage under Articulo Mortis:
e. The marriage must be done in the zone or area of military - He must execute an affidavit before the LCR stating that he
operation. solemnized the marriage under articulo mortis and the he took all
f. There must be a widespread military activity over an area and the necessary steps to ascertain the age and relationship of the
does not refer to a simulated exercise. contracting parties and that he is convinced that they have no legal
5. Consul-General or Vice Consul or Consul can solemnize a impediments to marry each other.
marriage if both parties are Filipino and the marriage is done - The original affidavit must submitted by him to the LCR where the
abroad. The consul is not only the solemnizing officer but performs marriage was performed within a period of 30 days
the duties of the civil registrar by issuing the marriage license.
- The marriage between a Filipino and a foreigner by a consul is 2. Article 28: Marriage in a Far and Remote Place
not considered valid. - If the parties are residing in a far and remote place that it is
6. Mayors, vice mayor or acting mayor can solemnize marriages by difficult for them to secure the required marriage license because
virtue of the Sec. 444 of the Local Government Code which took effect their place has no means of transportation, they will exempted
on January 1, 1992. from the license requirement.
- The only time they are allowed to solemnize outside their Duty of the person who solemnized the marriage:
jurisdiction is when there is a request of their venue is writing. - He must execute an affidavit after the celebration of the marriage
- If this isn’t followed, the marriage is still valid but will subject stating that he solemnized the marriage in a far and remote place
the mayor to liability. and the ascertained the age and relationship of the parties and the
absence of any legal impediments.
GOOD FAITH MARRIAGES (Art. 35, par. 2) – if one or both of the parties  The reason for this is to encourage couples to marry and
believe in good faith that the solemnizing officer actually has authority, legalize their relationship instead of cohabiting in an illicit
but in truth, does not, the marriage is still valid but will subject the relationship.
person responsible for to civil, criminal and civil liability.
- But then again, know the distinction between mistake of fact 3. Article 33: Marriages among Muslims or Members of
and mistake of law. Ethnic Cultural Communities
- It is only in the mistake of fact that the marriage is valid. If it is  Code of Muslim Personal Laws of the Philippines
mistake of law, the marriage is void. - Signed into law on Feb. 4, 1977
- This is the governing law on persons and family relations
among Muslims.
Valid Marriage License
- This is considered the most important requisite in the validity of - Under this law, marriage license is not required for the
marriage since it is in the issuance of the license that the State can validity of the marriage.
determine whether or not there are impediments in the marriage. - Under the family code, marriage license is not a requirement
- The marriage license must be secured from the Local Civil Registrar for the validity of the marriage provided that both parties must
of the place where either party resides, which takes 10 days from be a Muslim or a member of the Ethnic Community.
application before it is issued.
- The license will be valid for 120 from the date of issuance. 4. Article 34: Ratification of Marital Cohabitation
- Absence of marriage license will render the marriage void only - When the parties have already been living together as husband and
when it is supported by the certification from the local civil registrar wife for at least 5 years without any legal impediments to marry
that no such marriage license was issued to the parties. each other, the requirement of a marriage license is no longer
- Any irregularities in the issuance of the marriage license will not needed.
render the marriage void as long as it does not affect the legal - This is to not shame the people involved as a common law marriage
capacity of both parties. is a source of humiliation to the parties.
- The requirements are enumerated in Art. 11-16. Requisites:
- But even if one or both of the contracting parties are suffering from a. The party must live together as husband and wife for at least 5
a legal impediment and the local civil registrar knows about it, he years.
CANNOT refuse to issue the marriage license. b. There must be no legal impediments for them to marry each
- He can prevent the marriage from happening by going to court and other.
file for an injunction. It is the court that orders the marriage to not What to do:
1. Both parties must execute a joint affidavit stating the foregoing Ruling:
fact and have it notarized by a person duly authorized to - If the affidavit was falsified, it would mean that the marriage
administer the oath. solemnized was not valid due to the absence of a marriage license.
2. The Solemnizing officer must ascertain first the qualifications - The affidavit of cohabitation would take the place of the marriage
of the contracting parties if there are any legal impediments. license. Without it, it is equivalent to not having a marriage license.

Ninal vs. Badayog A marriage which preceded the issuance of the marriage is license is void
Facts: and that the subsequent issuance of such license cannot render the
- The husband shot his wife to death. marriage valid or add an iota of validity to it.
- 8 months after, the husband married Badayog without applying for a
marriage license. But made an affidavit stating that they have been
Valid Marriage Ceremony
cohabiting for 5 years.
- The family code does not prescribe any particular form of a
- The children of the first marriage assailed the marriage because
marriage ceremony.
their hereditary rights have been impaired.
- It only imposes that:
a. the parties will appear personally before the solemnizing
- For the ratification of marital cohabitation to apply, the 5 year
cohabitation period has to be characterized by exclusivity and must
b. personal declaration that they take each other as husband and
be free from any legal impediment.
- It was established by evidence that the husband married Badayog
c. in the presence of at least two witnesses who are of legal age.
only after 10 months. This admitted that even during the lifetime of
the 1st wife, they have been cohabiting with each other, therefore,
What if they fail to sign the marriage certificate?
not exclusive and free from legal impediment.
- The personal declaration shall be contained in the marriage
This case is seemed to be superseded by the case of Manzano vs. Sanchez.
- The certificate is not a formal requisite.
Manzano vs. Sanchez
- The personal declaration is made orally or in writing.
- The law does not make the marriage certificate a requisite. It is only
- An administrative complaint against a judge who solemnized a
for evidentiary purposes.
marriage one the basis of Article 34 while still knowing that the
- It’s okay that they were not able to sign, so long as there was a
husband was still married to someone else.
personal declaration made in front of the solemnizing officer that
they take each other as husband and wife.
- The SC had the occasion to enumerate the requisites to be able to
enjoy Article 34.
What makes the marriage void for not having a marriage ceremony is when
- The SC said that one of the requisites for this apply, that the absence
there is no personal declaration.
of legal impediments must be during the time of solemnization of
the marriage.
Morigo vs. People
- By clear implication, the SC abandoned the Ninal doctrine.
- The SC ruled that when the parties were only made to sign a
Which controls? The issue has been mooted in the ruling of Office of the
marriage contract not in the presence of a solemnizing officer that is
Court Administrator vs. Judge Necessario.
no marriage at all.

Office of the Court Administrator vs. Judge Necessario et.al.

Article 8: Venue of Marriage
The venue of marriage stated in this article is directory in nature.
- An administrative complaint against MTC judges in Cebu City.
Accused of committing all the sins in the book.
General Rule: a marriage solemnized by a judge outside of his court room
- One of the illegal marriages solemnized were at least 200 marriages
or by a priest outside of the church is valid however, the solemnizer can be
solemnized under Article 34 where the parties simply executed an
held liable for it since this will become an irregularity in the marriage.
affidavit of martial cohabitation.
- It was noted by the OCA and the SC noted that these marriages
a. When one of the party is at the point of death, it knows no
involved parties with ages 20 and below when they executed the
affidavit. By logical conclusion, this would mean they were only 15
b. The marriage was contracted in a remote place.
and below when they started cohabiting with each other.
c. When both of the parties request the solemnizing officer in
writing to solemnize it elsewhere in sworn statement.
- It is now clear that the SC reverts back to the Ninal doctrine.
- The at least 5 year cohabitation must be characterized with
exclusivity and free from legal impediments. Absence in any of the essential and formal requisite will render the
marriage void. (Article 35)
The one in Manzano is just an obiter dictum and does not create a Defect in any of the essential requisite will make the marriage
precedent. voidable or annullable particularly to the giving of consent.

The falsity of an affidavit of marital cohabitation, where the parties Irregularities in the formal requisite do not affect the validity of the
have in truth fallen short of the minimum 5 year requirement, marriage but the person responsible for such irregularity can be
effectively renders the marriage “void ab initio” for lack of marriage held civilly, criminally or administratively liable.
Instances of Irregularities:
Dayot vs. Dayot a. Marriage solemnized in a place other than in a church or
Facts: chamber of the judge.
b. Absence of two witnesses who are of legal age.
c. Issuance of a license in place where neither of the parties d. Civil status
reside. e. If previously married, how, when and where the previous
d. Issuance of a license w/out the required supporting papers or marriage was dissolved or annulled.
documents. f. Present citizenship and citizenship
e. Absence of a marriage contract. g. Degree of relationship of the contracting parties.
f. Issuance of license despite failure of the party to present h. Full name, residence and citizenship of the father.
parental consent or parental advise when required. i. Full name, residence and citizenship of the mother.
g. Issuance of license despite absence of posting notice and j. Full name, residence and citizenship of the guardian or person
publication. having charge, in case one of the parties has neither father nor
h. Failure to undergo marriage counseling. mother, and is under 21 years old.
i. Failure to pay the required fee for marriage license.
Article 9, 10: Marriage License
Marriage License a. Upon receipt of the application for a marriage license, the LCR must
 This serves as the authority given by the State to the parties to immediately post a notice to inform the public of the impending
enter into a contract of marriage. marriage.
 It is the concern of the state to make marriages secure and b. The notice shall be posted in the bulletin board outside of the LCR
stable institution. for 10 consecutive days showing the name and residence of the
Article 11-16: Application for Marriage License  This will request any person having knowledge of any
REQUIRED DOCUMENTS FOR APPLICATION OF MARRIAGE LICENSE impediment to the marriage to inform the local civil registrar
a. The original copy of birth certificate, in the absence thereof, the about it.
original baptismal certificate of the parties. This document is c. If the LCR will be informed of any impediment of a party applying,
exempt from documentary stamp tax and signature of the official he shall note down the particulars thereof, but should not turn down
person is enough to prove its authenticity. the issuance of the marriage license.
Except in instances where:  Even if the LCR is made aware of the impediments of the
 The parents of the party concerned will personally appear before marriage, h is still duty bound to issue the license except if he is
the local civil registrar and attest to the fact that the said party is restrained by the court at his own instance or of any interested
already of legal age. party.
 When the local civil registrar shall be convinced by merely looking  Only the court can intervene in issuing the marriage license
at the personal appearance of the party that they are of legal age. through a court order directing the LCR from non-issuance.
 When the party has been previously married.  If there is really a legal impediment in the marriage, the LCR
b. If either or the parties were previously married, the death issuing officer can petition the court to restraint him from the
certificate of the deceased spouse or the judicial decree of absolute issuing the marriage license or have the other party petition for
divorce, annulment of marriage or declaration of nullity of marriage. it.
c. In case either party is between the ages of 18-21, they must d. The LCR will collect payment of fees for the issuance of the marriage
present a parents consent, absence of which will render the license in the amount of ₱300. However, it is free of charged for
marriage voidable. indigent people.
This must be in an affidavit of sworn statement that the e. It shall be the duty to prepare the documents such as the marriage
parents gave their consent. certificate and affidavit for the solemnization of marriage in another
Preference is given to the father otherwise the mother, place without charge to all interested parties.
surviving parent or legal guardian of persons having charge of f. The LCR is the also the one to administer oaths to all parties
them shall give the consent. interested and to prepare the documents required.
d. If the party is between the ages of 21-25, parental advice is g. The LCR concerned, shall be the one to enter to all applications for
required. marriage licenses filed with him in a registry book strictly in order
Absence of which will not affect the validity of the marriage but which shall be recorded in the name of the applicants, the date of
will delay the issuance of the marriage for 3 months following the marriage license was issued and such other data as may be
complete publication of the application. necessary.
This is in keeping of family tradition
e. Certificate of marriage counseling in cases where parental
consent or parental advice is required.
Failure to attach the counseling certificate will cause the Article 20: Life of the Marriage License
suspension of the issuance of marriage license for 3 months. The marriage license once issued is valid anywhere in the Philippine for a
This is only an irregularity to the formal requisite. period of 120 days, if it is not used within that period is it automatically
If one or both of the parties are below 25 years old, both of expired. Marriages solemnized using an expired marriage licensed is
them must attend. considered null & void.
f. If a party to the marriage is a foreigner, he must present a
certificate of legal capacity to marry issued by his diplomatic or Article 22-25: Marriage Certificate
consular representative in the Philippines. Marriage Certificate
g. Place of issue for the Marriage License, the parties should get a  The best evidence to establish or prove marriage.
marriage license form the LCR in the municipality or city where  It is a certification issued by the solemnizing officer that he
either of the party resides. performed or solemnized the marriage between the parties.
Information needed to be specified to the LCR: Absence of which will not invalidate the marriage since it is not an
a. Full name of the contracting parties essential or a formal requisite.
b. Place of birth
c. Age and date of birth What should be declared in the Marriage Contract?
1. The full name, sex and age of contracting parties. solemnized abroad is in violation of our country’s laws and
2. Their citizenship, religion and habitual residence. policies, our court is not bound to give effect to its validity.
3. The date and precise time of the celebration of the marriage so  The reason for this is that a State is considered the conservator
as to determine at what point will govern the property relation of its own moral and good order of society, thus, it has the right
of the parties. to declare what marriages it will or will not recognize within
4. Must indicate that the proper marriage license has been issued its borders.
according to law
Except in cases of:
a. Articulo Mortis Exception to the Lex Loci Celebraciones Rule:
b. Marriage in a far and remote place  Except those pointed out under Article 35 (1), (4), (5), (6), 36,
c. Marriages among Muslims or members of ethnic cultural 37 and 38.
communities 1. If the party who is a Filipino is below 18 years old.
d. Ratification of marital cohabitation 2. If the marriage is bigamous or polygamous.
5. That both or either parties have secured the parental consent 3. If contracted through mistake of identity of the other party.
in appropriate cases. 4. If the party whose previous marriage has been annulled or declared
6. Either or both parties have complied with the legal void, contracts a second marriage but failed to record the judicial
requirement regarding parental advice in appropriate cases. decree with the LCR, to partition the conjugal properties and deliver
7. That the parties have entered into a marriage settlement, it the presumptive Legitime of their children.
any, attaching the copy thereof. 5. Where one of the party is psychologically incapacitated.
Duty of the Solemnizing Officer 6. Marriages considered incestuous.
a. It his duty to furnish either of the contracting parties the 7. Marriages that are against public policy.
original marriage certificate and to send the duplicate and
triplicate copies of it not later than 15 days to the Local Civil The prevailing theory is that all of these exceptions are only applicable to
Registrar of the place where the marriage was solemnized, the Filipinos. This is mainly because of the nationality theory. The above
LCR in turn will issue a receipt to the solemnizing officer. exceptions pertain to status, condition and legal capacity which under
- 1 copy to the couple Article 15 is governed by the national law.
- 2 copies to the LCR
- 1 copy to keep for the solemnizing officer 1st situation: Marriage between foreigners in the Philippines
b. It shall also be his duty to keep the 4th copy of the marriage - Pursuant to lex loci, the validity of the marriage should be
contract, the original marriage license and in some cases governed by Philippine laws because the marriage is solemnized
affidavit of the contracting parties regarding the solemnization here.
of the marriage in a place other than his jurisdiction. - However, the legal capacity should be determined by their
national law. (Consistent with Article 21)
Is a photocopy of the Marriage Contract valid? - Do not be surprised that a 15-year-old German may be able to
 No, unless it emanated from the office of the Local Civil contract marriage here in the Philippines
Registrar. 2nd situation: Mixed marriage in the Philippines
- Rule: Lex Loci
The rule is that if two persons dwelling together presenting themselves as - Legal capacity of the foreigner is determined by the national law
married shall be presumed to be indeed married, in the absence of any 3rd situation: Foreigners with marriage solemnized abroad
counter-presumption or evidence showing the contrary. - Under Article 26, if it is valid where it was solemnized, it is valid
- Semper Praesumitur Pro Patrimonio: Always presume marriage in the Philippines.
 The law favors morality over and immorality, marriage and not - If marriage by proxy is allowed, that is valid then.
concubinage, legitimacy and not bastardy. - On Same-Sex marriage, there is always a good argument that
pursuant to Article 26, it is valid. It may not be valid, however, in
A marriage may be proved by evidence of any kind such as “parol” evidence Article 17 (par 3) of the Family Code.
or testimony by one of the parties or the witnesses to the marriage or by the 4th situation: Mixed marriage of a Filipino and foreigner abroad
person who solemnized the same. - Rule: lex loci. BUT the Filipino is governed by the exceptions in
Article 26.
Competent evidence proving the fact of marriage - A hybrid marriage: valid insofar as the foreigner spouse and void
1. Public and open cohabitation as husband & wife after the insofar as the Filipino spouse.
alleged marriage. - But this is a legal impossibility because marriage is one
2. Birth & baptismal certificate of children born by the alleged indivisible concept.
spouses. - How are we to treat this marriage? Prevailing opinion: our policy
3. Statement of such marriages in subsequent documents. is in favor of marriage. The prevailing view is that our courts
should consider the marriage. Otherwise, children will be
It is the burden of proof upon the person who attacked the validity of
considered illegitimate and will be prejudiced.
marriage to present a strong and satisfactory evidence to rebut the
5th situation: marriages by Filipinos abroad
presumption of its validity. The evidence to prove the invalidity of the
- Rule: Lex loci
marriage may even be presented for the first time on appeal.
- But both of them are now governed by the exceptions

Article 26: “Lex Loci Celebraciones” Rule in Marriage

Common law marriages considered abroad cannot be recognized here in
1st paragraph: Lex Loci Celebraciones – CONFLICT OF LAWS RULE
the Philippines since our laws require marriages solemnized abroad. The
 This is based on the concept of international comity. word “solemnize” presupposes the performance of a marriage ceremony
 This is rule in marriage wherein it means that if the marriage is which is absent in a common law marriage.
celebrated abroad and is considered valid there, it shall also be
considered valid in the Philippines. However, if the marriage 2nd paragraph: Effects of divorce to the Filipino spouse
Cases: - Van Dorn vs. Romillo - Two kinds of divorce: Absolute (that capacitates the party
- Pilapil vs. Judge Somera to marry and Relative (does not, similar to legal
The validity of the divorce decree must be recognized to benefit both
the spouses. Obrecido makes reference to a foreign law that needs to be proved, it is
Requisites: not specific to which foreign law. Is it the foreign law to which the divorce
a. Must be a mixed marriage decree was obtained? Or is it the foreign law of the alien spouse?
b. Foreigner spouse is the one who secured the divorce abroad - Obrecido says that it should be the foreign law of where the
c. After the divorce, the foreigner spouse must again be divorce decree was obtained.
capacitated to remarry according to his national law.
In Bayot vs. Bayot, the divorce decree was obtained by the wife, in
When in a case of marriage between a Filipino citizen and a foreigner and it Dominican Republic.
is the foreigner who filed for a divorce and after it was granted he must be - At the time the divorce decree was obtained, she was
capacitated again to remarry according to his national law. This must be American. Under her laws, divorce is recognized. The divorce
proven as a fact by the Filipino spouse before he/she is entitled to remarry decree obtained by the wife in the Dominican Republic is valid.
again in our court. - This ruling meant that the foreign law that must be proved is
 In this case the divorced Filipino citizen is not considered an NOT the foreign law where the divorce decree was obtained,
“Ipso Facto” capacitated to marry again. The Filipino citizen but the national law of the alien spouse.
must prove as a fact the divorce as enforced by the foreign
judgment by way of declaratory relief since our courts don’t The alien spouse cannot avail of the remedy in par.2, Article 26 if he/she
take judicial notice on the laws of other countries. wants to get married here in the Philippines. Under what provision of law
can he/she invoke?
If the Filipino spouse has acquired the citizenship of her husband then such
divorce is considered as valid here in our country because of our adherence Gilbert Corpuz vs. Sto. Tomas
to the nationality principle in so far as the status of the person is concerned. Facts:
 The reckoning point is at the time when the divorce decree was - Marriage between two Filipinos but subsequently the husband
availed of. became a Canadian citizen
- He returned to the Philippines. But was surprised to see his wife
If both of the parties are Filipino and one of them was naturalized in a having illicit relationship
foreign country and later on obtained a divorce decree, that divorce decree - He asked for a divorce in Canada and was granted.
will be valid. - He found another Filipina and wanted to be married.
Republic vs. Obrecido: The reckoning point is NOT the citizenship at the - He went to the LCR of Pasig to include the divorce decree to be
time of the marriage but at the time the divorce decree was obtained. annotated in the marriage certificate. But he was informed that he
- In a case wherein the Filipino citizen is the one who filed for a was not allowed because for any foreign judgement, to be valid in
divorce in another country to his foreigner husband/wife, the the Philippines, it has to be approved by the court in the Philippines.
foreigner spouse cannot anymore claim that he still an interest - He filed for a petition for declaratory relief.
to the properties of the Filipino citizen here in the Philippines or - Issue: Can he have the same remedy?
subsequently file an adultery case against the Filipino since the Ruling:
foreigner spouse has lost his legal standing against the Filipino - Since the 2nd paragraph is intended for the benefit of the Filipino
for the foreigner is already considered divorced by his national spouse, he cannot invoke the same benefit.
law. - It does not mean that he has no remedy. It can be recognized under
Rule 39, Sec. 48 of the Rules of Court: the enforcement of foreign
This capacity to remarry does not come automatically. judgement.
- This is a judicial act for him or her to be capacitated to marry. - Two options available:
- An order will be issued to allow him to marry. He will file a a) Alien spouse may file a petition for recognition of the divorce
petition for declaratory relief. decree
What should the Filipino spouse prove? - Problem: if it is only for recognition, it is not enough to
a. Prove the existence and authenticity of the divorce decree obtained effect the corresponding change of the records of
abroad (Rule 132, Sec. 24 and 25 of the Rules of Court) marriage between the spouses. It is simply the
o Presenting the official publication of the divorce decree recognition and does involve the change of interests in
o When there is no publication, present the copy of the the marriage
divorce decree - Even if the court recognizes the divorce decree, the
o If the document is kept outside of the Philippines, their record of the spouses will still be the same
authenticity can be established by presenting the b) To file a petition for correction or change of entries in the Local
authenticated copy of the foreign document (Red Ribbon Civil Registrar particularly change of marriage entries under
or consularized document) Rule 108 of the Rules of Court
o Must be attested by the legal custodian - As he files the petition for recognition, the alien spouse
o Shall also contain a certification of the Philippine consular still needs to file this petition for correction
official stationed in the country where the foreign decree - It is the order for recognition that will be used to effect
was obtained. the change of entries
b. Equally important for the petitioner to demonstrate its conformity - The SC observed that this very burdensome to the spouses.
to the laws allowing the divorce decree Consistent with the policy of speedy trial, the alien spouse could file
- Prove that the divorce decree is valid the petition for correction of entries and ask for the recognition of the
- Petitioner will have to prove the foreign law divorce decree in the same petition
c. It is also important to prove that the divorce decree capacitates the
alien spouse to remarry
- It is still necessary to prove the authenticity and existence of the
divorce decree and the national law of the alien spouse who Good faith of the parties in entering the marriage is immaterial and it does
obtained the divorce decree not validate an otherwise void marriage.

If the foreign judgement sought to be recognized is not a divorce decree, it Divorce vs. Void Marriages
should be distinguished. Divorce
- There is a valid marriage but the ground occurred
In Fujiki vs. Marinay, the proper remedy is to file a petition for correction. subsequent to the celebration of the marriage.
Basically the same procedure. Void in Ab Initio
- From the very beginning there was no marriage.
The difference lies in the matter that needs to be proved: - The ground for declaration of its nullity already existing
- In foreign judgement: simply the existence and authenticity of the at the time the marriage was celebrated but only
foreign judgement. The foreign law is not required to be determined. manifested after its solemnization.
o In Fujiki, what was the object was the judgement that declared
the marriage void by reason of bigamy. This is not against
public policy. Article 36: Void because of Psychological Incapacity
- In a divorce decree: The existence and authenticity of the divorce  This was introduced by E.O. No. 227 on July 17, 1987 as an
decree AND the national law of the alien spouse amendment to the Family Code.
 No clear definition of the psychological incapacity was given since
the intention of the legislation was to leave the determination of it to
VOID AND VOIDABLE MARRIAGES the courts on a case-to-case basis, as to whether a particular
Two Kinds of Defective Marriages situation falls under the psychological incapacity.
The Reason:
VOID VOIDABLE  The presence of psychological incapacity depends upon the
Defective from the very beginning Not defective from the beginning facts of the case and it can be clearly deduced that the absence
Cannot be ratified Can be ratified of definition was deliberately done because the situations
Can be attacked collaterally Can only be attacked directly contemplated by the law vary from one case to another.
Direct action may be filed by an
Direct action can only be filed by the interested 3rd party based on the Psychological Incapacity
spouses ground  The basic determination of the existence of psychological
incapacity is the failure to comply with the marital obligation.
While voidable marriage can only  Utter insensitivity and inability to give meaning and significance
The nullity of marriage can be raised
be questioned during the party’s of marriage
even after the death of the parties
lifetime.  This is not insanity or mental illness
The action to nullify the marriage The annulment of a voidable  It refers to the inability of a party to the marriage to comply
has no prescriptive period marriage prescribes with the essential marital obligations because of psychological
General rule: void marriages can Voidable marriages can be reason. It is not a physical defect because a person who is
only be assailed by the parties of the questioned by other persons not psychological incapacitated is one who cannot perform the
marriage. a party to the marriage. essential marital obligations as he/she refuses to do even if
Cannot be ratified Can be ratified physically capacitated to do so.
35, 36, 37, 38, 40, 53 45  It can also refer to “lack of appreciation” of one’s marital
obligation and has nothing to do with consent.

The general guide as to the determination as to whether there is

Article 35: Void Ab Initio due to absence of essential or formal psychological incapacity or not is the fact the “Psychological Incapacity”
requisites refers to the failure to comply with the essential marital obligation.
1. Those contracted by any party below eighteen years of age even - Quarrels and financial difficulties not constitute psychological
with the consent of parents or guardians incapacity. Sexual infidelity on the other hand, is not considered a
2. Those solemnized by any person not legally authorized to perform psychological incapacity if it is not proven that it already existed
marriages unless such marriages were contracted with either or before the marriage
both parties believing in good faith that the solemnizing officer had
the legal authority to do Examples of Personality Disorder
- One of the situations where good faith is taken into a. Dependent Personality
considerations. - Husband in Te vs. Te
3. Those solemnized without a license, except those covered by the b. Anti-Social Disorders
preceding Chapter - Wife in Te vs. Te
4. Those bigamous or polygamous marriages not falling under article c. Narcissistic Personality
41 which states presumptive death - Kalaw vs. Fernandez
- Another instance where good faith is recognized d. Senseless and protracted refusal to have sex with the other
5. Those contracted through mistake of one contracting party as to the spouse
identity of the other - Chi Ming Tsoi vs. ___
6. Those subsequent marriages that void under Article 53 e. Pathological Liar
- Antonio vs. Reyes
Collateral Attack of a Void Marriage f. Immaturity
 The nullity of the marriage is not the principal or main issue of - Halili vs. Halili
the case but is necessary to the resolution of the main case. g. Indifferent to the Needs of the wife
- Reyes vs. Reyes. hearsay that would result in their exclusion in evidence. If the
psychiatrist or psychologist’s assessment were not based solely
ESSENTIAL CHARACTERISTICS OF PSYCHOLOGICAL INCAPACITY: on the narration or personal interview of the petitioner but also
1. Juridical antecedent on other informants such as respondent’s own son, siblings and
- It must already be existing at the of the celebration of the in-laws and sister-in-law who all testified on their own
marriage observations of respondent’s behavior and interactions with
2. Gravity them.
- It must be a very serious defect that it incapacitates the (Reyes vs. Reyes G.R. No. 185286)
person concerned from performing marital obligations - The testimony of the psychiatrist is found to be general, not
3. Incurability in depth, does not establish link between actions of party
- It is not curable and his supposed psychological incapacity
- Also refers to party not being able to afford the cure
Moral Damages
It is clear from the foregoing elements that the intention of the law has been - cannot be recovered from the guilty party in an action for
to confine the meaning of “psychological incapacity” to the most serious declaration of nullity of marriage on the ground of psychological
cases of personality disorders clearly demonstrative of an utter insensitivity incapacity.
or inability to give meaning and significance to the marriage. - This is because a psychological incapacitated person is not aware of
- The decisions of the matrimonial tribunal of the Catholic his incapacity and therefore cannot be held answerable for moral
Church involving psychological incapacity as a group to damage.
annul the marriage is greatly helpful and persuasive to
our Civil Courts. Although our courts are not bound by the MOLINA DOCTRINE AS AMENDED BY A.M. NO. 20-11-10-SC
decision of the matrimonial tribunal, the said decision can
be used by our Civil Court as a guide in the determination a. The burden of proof to show the nullity of marriage belongs to the
of the existence psychological incapacity. plaintiff.
b. The parties may medically or clinically identify the root cause of the
Guilty Party can petition for nullity of marriage psychological incapacity alleged in the complaint by an expert;
- The action to declare the marriage void on the ground of however this is not anymore required but regarded as an option
psychological incapacity can be filed even by the incapacitated which may be helpful in deciding the case.
party. The law does not prohibit the guilty party from bringing the c. The incapacity must be proven to exist at the time of the celebration
action in court as a void marriage is not ratifiable and the “Pari of the marriage, although it only becomes apparent after the
Delicto Rule” will not apply here. celebration of the marriage.
d. The incapacity must be shown to be medically or clinically
permanent or incurable, however this is not regarded as an absolute
fact against everyone in the same gender.
The Party who is declared psychologically incapacitated may still e. The illness must also be grave enough to prevent the party from
contract another marriage assuming the essential marital obligations.
- The psychological incapacity is relative to the spouse f. The essential marital obligations must be those mentioned in article
concerned. One may be psychologically incapacitated with one 68-71 of the Family Code, as well as Article 220, 221 and 225.
while not with another. Thus, he/she can be remarry. g. The interpretations given by the National Appellate Matrimonial
Tribunal of the Catholic Church in the Philippines, while not
Expert Testimonies controlling or decisive, should be given great respect by our courts.
- During the trial for declaration of nullity of marriage on the ground of
psychological incapacity, expert testimonies of a psychologist or CANON 1095: CASES F PSYCHOLOGICAL DISORDERS
psychiatrist is not a requirement for a declaration of a. Hypersexuality-nymphomania
psychological incapacity and that it is not a condition “sine qua non” b. Hypersexuality-styriasis
for such declaration. The court may base its decision on the totality of c. Homosexuality
the evidence other than the findings of such expert witness. However, d. Lesbianism
expert testimonies may help in the resolution of the case. e. Schizophrenia
f. Affective immaturity
Testimony of the Psychologist did NOT constitute as sufficient g. Anti-social personality disorder
evidence for Psychological Incapacity: h. Dependent personality disorder
 When the diagnosis was only based on interviews with i. Vaginismus or psychic impotence
petitioning spouse and that the psychologist did not actually j. Sexual disorder
hear, see and evaluate the respondent who was alleged to be k. Psychoneurosis
psychologically incapacitated. The testimony of the psychologist l. Lack of interpersonal integration
constituted as hearsay. Furthermore, the psychologist failed to m. Immature personality
explain how such personality disorder made the respondent n. Obsessive-compulsive Personality
psychologically incapacitated and to prove the same is so grave o. Frigidity
and permanent. p. Alcoholism and gambling
q. Liar, cheat and swindler
Testimony of the Psychologist CONSTITUTE as sufficient evidence r. Sexual neurosis
for Psychological Incapacity: s. Hysterical personality
 The Supreme Court ruled that lack of personal examination and t. Psychic immaturity
interview of the respondent or any person diagnosed with
personality disorder, does not per se invalidate the testimony of
the doctors. Neither do their findings automatically constitute
REQUISITES FOR PSYCHOLOGICAL INCAPACITY AS A GROUND FOR - The effect of adoption is only personal to the parent and
ANNULLMENT adopted child
(a) A true inability to commit oneself to the essentials of marriage. (e) Between the surviving spouse of the adopted child and the adopter
(b) This inability to commit oneself must refer to the essential - If the ground of the dissolution of the marriage is not death, the
obligations of marriage: former spouse can validly marry the adopted child
 Conjugal act (f) Between the adopted children of the same adopter
 Community of life and love (g) Between parties where on, with the intention to marry the other,
 Rendering of mutual help killed the other person’s spouse or his or her own spouse.
 The procreation and education of offspring  No prior criminal conviction by the court is required by the
(c) The inability must be tantamount to a psychological abnormality. law. Mere preponderance of evidence is required to prove the
It is not enough to prove that the spouse failed to meet his responsibility
and duty as a married person; it is essential that he must be shown to be These marriages are considered against public policy because they do not
incapable of doing so due to some psychological illness. serve the fundamental objective of the state which is to nurture a stable
family unit that can effectively be the foundation of society.
Dedel vs. Court of Appeals
- In this case, respondent’s sexual infidelity can hardly qualify as Valid Marriages:
being mentally or psychically ill to such an extent that she could not 1. Between adopted and the parents of his adopter.
have known the obligations she was assuming, or knowing them, 2. Between adopted and illegitimate children his adopter.
could not have given a valid assumption thereof. It appears that 3. Between adopted and the relatives of his adopter.
respondent’s promiscuity did not exist prior to or at the inception of 4. Between the adopted and the former spouse of his adopter or
the marriage. What is, in fact, disclosed by the records is a blissful between the adopter and the former spouse of his adopted.
marital union at its celebration, later affirmed in church rites, and 5. Between step-brother and step-sister.
which produced four children.
- Respondent’s sexual infidelity or perversion and abandonment do
not by themselves constitute psychological incapacity within the Article 39: Prescriptive Period
contemplation of the Family Code. Neither could her emotional Declaration for Absolute Nullity of a Marriage
immaturity and irresponsibility be equated with psychological - Has no prescription period as amended by E.O No. 227 dated July
incapacity. It must be shown that these acts are manifestations of a 17, 1987 and further amended by R.A. No. 8533 dated on Feb. 23,
disordered personality which make respondent completely unable 1998.
to discharge the essential obligations of the marital state, not merely - There is no prescriptive period for an action to declare the marriage
due to her youth, immaturity16 or sexual promiscuity. void since a null and void marriage produces no legal effect, it being

Article 40: Void Subsequent Marriages

Article 37: Void because incestuous When a marriage is void, a party to that marriage can contract a
Marriages between the following are incestuous and void from the subsequent marriage only after he/she has the previous marriage
beginning whether the relationship between the parties is legitimate or judicially declared null and void.
1. Between ascendants and descendants of any degree. A subsequent marriage contracted without having the first marriage
- Ascendants and descendants no matter how far and how declared judicially null and void is considered void an initio.
long - The reason why it is important that the nullity of the marriage
2. Collateral blood relatives: brothers and sisters should be ascertained and declared by the court of competent
- Between brothers and sisters, whether of full or half- jurisdiction is for the sake of good order of society and for the peace
blood. of mind of all persons concerned.
The reason why incestuous marriages are prohibited by law: MARRIGE IS VOID. However, the Supreme Court has always ruled
1. It would tend to create confusion of rights and duties incident to that the subsequent marriage is bigamous even if the 1st marriage is
family relations. void.
2. It is abhorrent to the nature, not only of civilized men, but of
barbarous and semi-civilized people. When the first marriage is undoubtedly void and a party to that marriage
3. Such intermarriages often result in deficient and degenerate contracted a 2nd marriage w/out obtaining first a judicial declaration of
offspring. nullity of marriage, would the said party be guilty of bigamy? YES

Article 38: Void because against public policy Non-compliance of Article 40:
 The enumeration of void marriages in this article are exclusive 1st effect: The party incurs criminal liability
and good faith is immaterial. - The SC consistently ruled that failure to comply with
(a) Between collateral blood relatives, whether legitimate or Article 40 renders the subsequent marriage as bigamous
illegitimate, up to 4th degree One should not put the law in his hands and decide for himself the nullity of
(b) Between step-parents and step-children his marriage. He should let the court declare the nullity of such before he
(c) Between parents-in-law and children-in-law can contract another marriage.
(d) Between the adopting parent & the adopted child - The nullity of a previous marriage can only or solely be established by
- Prohibition is only the adoptive parent and the adopted child a final judgment of the court declaring such marriage void.
- Everyone else is a 3rd party relationship. Ex: Adopting parent - Void and voidable marriages: WILL ONLY BE DECLARED SUCH WHEN
and the child of the adoptive child THE COURT SAYS SO
- The party cannot enter into another valid marriage
- The reason why Article 40 was placed to begin with was to remove REQUIREMENTS FOR DECLARATION OF PRESUMPTIVE DEATH
doubts as to the status of the second marriage 1. The absentee spouse must have been absent for 4 or 2 years under
the circumstance prescribed by law.
What happens if the 2nd marriage is the one void? Not contemplated in 2. The present spouse must not know the whereabouts of the absent
Article 40. spouse.
Recent jurisprudence show that it doesn’t matter if the 2nd marriage is 3. There must be a well-founded belief that the absent spouse is
void because Art. 349 already punishes the act of contracting another already dead.
marriage during a subsisting marriage. 4. There must be an institution of a summary action for the declaration
of presumptive death of the absent spouse.
Case: Tenebro 5. There must be final judgment declaring the absent spouse
 The fact that the second marriage is void: presumptively dead.
- It is not an argument to the absence of bigamy
- Even if it retroacts to the time of solemnization, there are The 4-year period can be shorted to 2 years if the presumptive death is
effects: under the circumstances of great danger (Article 391 of the Civil Code)
a. The children are considered legitimate  If the absent spouse was on a vessel and the same was lost
b. Criminal liability for bigamy during sea voyage and he has not been heard of for two years
since the loss.
Procedure: A.M. 02-11-10-SC  The absent spouse was on an airplane which was missing and
such spouse was not heard of for two years since the loss of the
Before the criminal case for bigamy was initiated, the first was declared airplane.
void already. What happens?  The absent spouse who was in the armed forces has taken part
- The critical point to consider is the time of solemnization of the 1 st in the war and has been missing for two years.
marriage and not the bigamy complaint.  When the absent spouse has been in danger of death under
Case: People vs. Odtohan other circumstances.

Does this apply to those marriages that solemnized before August 3, 1980? The judicial declaration of presumptive death under Article 41 of the Family
- The Supreme Court has said in 1995 (Atienza vs. Brillantes) that Code is mandatorily required by law only for the purpose of capacitating
Article 40 will have retroactive application. the present spouse to remarry.

Case: Jarillo vs. People The extraordinary absence is only for the purpose of remarriage of the
remaining spouse however, for the division and liquidation of the estate and
For purposes of determining bigamy, the requirement of liquidation and money of the previous marriage, this will only happen after 4 years of
partition and etc. is not required. consecutive absence of the absentee spouse.

2nd effect: Donations General Rule: Judicial declaration of presumptive death is required as
- Donations will be valid such is a presumption that arises from law.
- But if the donee acted in bad faith, the donation will be revoked by Exception: No judicial declaration of presumption of death is needed in
operation of law and forfeited pursuant to Art. 43 (2) cases of Article 390 and 391 of the Civil Code before the effectivity of the
3rd effect: Insurance Family Code, since these are presumption that arises from law
- Any insurance policy shall remain valid  Article 390:
- But if the beneficiary is the one acting in bad faith, the designation - The person has been absent for 7 years, it being unknown
may be revoked eve if the designation is irrevocable whether or not the absentee still lives.
- The absentee shall be presumed dead for all purposes
4th effect: INHERITANCE except for succession, in which cases, the absentee shall
- The guilty spouse is disqualified from inheriting whether intestate be presumed dead after the lapse of 10 years.
or testamentary succession.  Article 391:
- An absentee who is 75 years old and above is presumed
5th effect: Children dead if he has been absent for 5 years, still unknown
- The children are considered LEGITIMATE whether or not the absentee is still alive.

The decision of the court declaring the spouse presumptively dead under
Article 41-44: Declaration of Presumptive Death article 41 is unappealable and is immediately executor since it falls under
the Summary Judicial Proceedings in the Family Law.
Spouse is Presumed Dead
 This is the only instance where there is a valid bigamous ABSENT SPOUSE TURNS OUT TO BE ALIVE
marriage If the absent spouse turns out to be alive, then the subsequent marriage
If a spouse is absent for 4 consecutive years and the present spouse has a contracted by the present spouse will be automatically terminated but
reasonable and well-founded belief that the absent spouse is already only upon the execution of the affidavit of reappearance by the
dead, he/she may contract a second marriage provided that he/she first reappearing spouse or any of the interested party.
obtain a judicial declaration of presumptive death of the absent spouse.
Affidavit of Reappearance:
 “Well-founded Belief” a. This shall be recorded in the office of the Local Civil Registrar of the
- Supreme Court states that the meaning of the term well- place where the present and the subsequent spouse resides.
founded belief is the exercise of that degree of due care b. The recording of this document is the operative act that terminates the
diligence required in searching for a missing spouse. subsequent marriage without prejudice to the outcome of any judicial
proceeding questioning the reappearance.
A. Non-disclosure of a previous conviction by final judgment of
Who can execute the Affidavit? the other party of a crime involving moral turpitude.
(a) Reappearing spouse - It is not necessary for the spouse to verify first before the
(b) Or any interested party such as the parents of spouses, their marriage whether or not the other spouse has a previous
children, the remarried spouse or even the subsequent spouse conviction since the burden of proof is on the convicted
of the remarried spouse. party to divulge is criminal records
B. Concealment by the wife of the fact that the time of the
Bigamous but Valid Marriage: marriage, she was pregnant by a man other than his husband.
- The fact that the absent spouse is still alive renders the subsequent - This could only be appreciated as a fraud when the
marriage as a bigamous but valid marriage. concealment of the pregnancy is still very possible. Thus,
- This means that the second marriage is bigamous yet it is still valid by the husband could no longer claim concealment of
virtue of the judicial declaration of presumptive death. pregnancy when it is very obvious that the woman is
already pregnant.
- The reason why this is a ground for annulment is because,
EFFECTS OF TERMINATION OF THE SUBSEQUENT MARRIAGE any child born after the celebration of marriage is
Article 43: considered a legitimate child of the husband, and it would
1. The children of the subsequent marriage conceived are considered be unfair for the man to take care of the child which is not
legitimate. However, children born after the second marriage is his.
dissolved are considered illegitimate. C. Concealment of sexually transmissible disease, regardless of
2. The property relations of the parties; be it absolute or conjugal nature, existing at the time of the marriage.
partnership, shall be dissolved and liquidated. D. Concealment of drug addiction, habitual alcoholism or
 The party who contracted the marriage in bad faith shall forfeit homosexuality or lesbianism existing at the time of marriage.
his/her share in the net profit community property in favor of - Only when it already existed at the time of the marriage
their common children, or if there none, the children of the guilty and was concealed by said party from the other
spouse by a previous marriage or in default thereof, by the
innocent spouse. 4. The consent of either party was obtained through force, intimidation
3. A donation by reason of marriage made by the innocent spouse in or undue influence, unless when such has disappeared or ceased to
favor of the guilty spouse is revoked by operation of law. exist, the party thereafter freely cohabited with the other as
4. The designation of the guilty spouse as the beneficiary of the husband and wife.
insurance policy of the innocent spouse may be revoked by the latter - This is appreciated only when the one of the contracting
even if there is a designation that it is irrevocable. parties is compelled by a reasonable and well-founded fear
5. The party who contracted the subsequent marriage in bad faith shall of an imminent and grave evil upon his person and
be disqualified to inherit from the innocent spouse. property or upon the person or property of his/her spouse,
descendants or ascendants, to give his consent.
Article 44: If both parties are guilty of bad faith, the marriage shall be - To determine the degree of the intimidation, the age, sex
void ab initio and all donations are revoked by law. Since the marriage is and condition of the person shall be borne in mind.
void, the separation of property will be governed by co-ownership under
Article 147 or 148 of the Family Code.
- The subsequent marriage entered into after the judicial CANNOT be ratified by Cohabitation
declaration of presumptive death can only be terminated when 5. Either party was physically incapable of consummating the marriage
the first spouse files an affidavit of reappearance. with the other, or such incapacity continues and appears to be
- This refers to impotency and not sterility.
- Potency is always presumed, thus, whoever claims that
Article 45-46: Grounds for Annulment of Marriage his/her spouse is impotent has the burden of proving
The grounds for the annulment of a voidable marriage enumerated in it. However, the presumption of potency is rebutted if
article 45 of the Family Code must already be existing at the time of the wife remains a virgin after three years from the
celebration of the marriage. If the grounds occurred only after the time of their cohabitation, which is called the Doctrine
celebration of the marriage it cannot be used as a ground to annul the of Triennial Cohabitation.
marriage. 6. Either party was inflicted with a sexually transmissible disease
found to be serious and appears to be incurable.
Can be Ratified by Cohabitation - This is a ground to annul of marriage if it is both
(Cohabitation means sexual intercourse) serious and incurable. It can be a ground if it already
1. Absence of parental consent for a party who is over 18 but below 21 existed at the time of the marriage and it was
years of age. Unless, after reaching the age of 21, such party freely concealed by the guilty spouse.
cohabitated with the other and both lived together as husband and The grounds for annulment is exclusive, thus, only those specified in Articles
wife. 45-46 of the Family Code shall be considered.
2. Either party was of unsound mind, unless such party after coming to
reason freely cohabited with other as husband and wife. Article 47: Prescriptive Period for Annulment of Marriage
3. The consent of either party was obtained by fraud, unless such party If the ground is absence of parental consent
afterwards, with full knowledge of the facts constituting the fraud, - The prescriptive period is 5 years from the time the party who
freely cohabited with other as husband and wife. did not secure the parental consent reaches 21 years old.
- Vitiated consent must be proven by preponderance of - The parents of the party who did not acquire a parental
evidence which may include the actuation of the consent can also annul the marriage at any time before their
parties previous to the marriage. son/daughter reaches 21 years old. In this order: father,
What constitutes fraud? Article 46: mother, legal guardian
If the ground is insanity  The non-intervention of the fiscal to assure lack of collusion
- No prescriptive period but will be ratified by cohabitation if between the parties is not fatal to the validity of the proceedings in
after the insane becomes sane still continued to cohabit with court especially when it was not shown that evidence was
the other spouse. suppressed or fabricated by any of the parties. In this case, the strict
- The sane spouse or the relatives or guardian of the insane application of Article 48 and 60 of the Family Code is unwarranted.
spouse may annul the marriage at any time before the death of
either spouse.
- The insane spouse may annul the marriage only during his Compromise Agreement of Property Separation:
lucid interval.  The partial voluntary separation of property agreed upon by the
If the ground is fraud parties through a compromise agreement approved by the court
- The action prescribed after 5 years from the discovery of the prior to the declaration of nullity of marriage is valid.
If the ground is vitiated consent through force, intimidation or undue
- The prescriptive period is 5 years from the time the force, STEP 2:
intimation or undue influence ceased to exist. During the Pendency of the Action of Annulment or Declaration of Nullity
- The party may only be instituted by the party whose consent was of Marriage
vitiated. The support of the spouses and the custody & support of the
If the ground is physical incapability to consummate the marriage or common children:
sexually transmissible disease General Rule: The support of the spouses and the custody and support of
- This is physical incapability to do the sexual act. the common children will be primarily governed by whatever agreement
- The action for annulment can be filed by the injured party the parties have made.
within 5 years from the time of the celebration of the marriage.
In the absence of such agreement:
Article 48-49: Procedures in Annulment & Nullity of Marriage  The support of the spouse and common children
STEP 1: - Shall be taken from the conjugal or absolute community until
Filing in the Family Court the complaint for Annulment or Declaration of the marriage is dissolved.
Marriage  The custody of the common children
The defendant shall be served with summons and a copy of the - This shall be resolved in accordance with Article 213 of the
complaint whereby he is given 15 days to file his answer from Family Code which states that “in case of separation of the
receipt thereof. parents, parental authority shall be exercised by the parent
designated by the court. The court shall take into account
If no answer is filed by the defendant within 15 days: all relevant considerations, especially the choice of the child
 The court cannot declare the defendant in default over 7 years old, unless the parent chosen is unfit.
 The court will order the prosecuting attorney or fiscal assigned to it No child under 7 years old shall be separated from the
to enter his appearance for the State mother unless the court finds compelling reasons to order
- To take steps to prevent collusion between the parties otherwise. ”
- To insure that evidence is not fabricated or suppressed - Should the court award the custody of the child to one parent
- To defend a valid marriage during the pendency of the case, the other spouse should have
- To expose an invalid one visitation rights unless the court, for some compelling reason,
 After conducting an investigation, the fiscal is mandated by law to deprives him or her of such rights. However, visitation can be
make a report to the court on the result of his investigation. If there reinstated if it showed that the deprivation is too harsh or is no
is no collusion the fiscal will submit a report of no collusion to the longer present.
The court cannot render judgment on the basis of stipulation of facts or Upon receipt of verified petition for declaration of absolute nullity of
confession of judgment. An Annulment case cannot be terminated Marriage or Annulment of Marriage or Legal Separation
compromise agreement and no valid compromise is legally possible on the The Court may issue Provisional Orders:
issue of the validity of marriage  This upon application under oath of any parties may issue
- A full blown hearing is required in case where the plaintiff is provisional orders and protection orders with or w/out a bond, for
required to prove his case in court. The policy of the State is to be such period and under such terms and conditions as the court may
cautious and strict in granting annulment of marriage, thus, the deem necessary.
law strictly prohibits the annulment of marriage w/out trial. Includes:
1) Spousal support
The State shall be represented by the OSG or by the Fiscal in all cases 2) Child support
of nullity and annulment of marriage: 3) Child custody
 Although Article 48 does not specifically state the OSG, such office is 4) Visitation rights
nevertheless can intervene in the proceeding considering that issue 5) Hold departure order
of validity of the marriage is vested with public interest. 6) Order of protection

General Rule: The Fiscal must actively intervene in the case and submit a Article 50-54: Decree of Annulment and Nullity of Marriage
report to the court that there was no collusion between the parties.
Exception: If the annulment or declaration of nullity of marriage was Effects of Annulment and Nullity of Marriage
strongly opposed & heatedly contested by the defendant by hiring a lawyer Shall be according to Article 43 of the Family Code
who filed several pleadings and actively participated in the trial of the case.
1. Children under voidable marriage will still be considered legitimate 2. Physical violence or moral pressure to compel the petitioner to
however for children born under a void marriage, they will become change religious or political affiliation.
illegitimate children 3. Attempt of respondent to corrupt or induce the petitioner, a
Except: common child, or child of the petitioner to engage in prostitution or
 Children conceived and born before the nullity of marriage on the connivance in such corruption or inducement.
ground of psychological incapacity under 36 became final are 4. Final judgment sentencing the respondent to imprisonment of more
considered legitimate than 6 years, even if pardoned.
 Children conceived and born of subsequent void marriage under 5. Drug addiction or habitual alcoholism of the respondent.
Article 53 are also considered legitimate. 6. Lesbianism or homosexuality of the respondent.
2. Properties may be separated to whatever agreement they may have 7. Contracting of the respondent of a subsequent bigamous marriage,
agreed to. whether in the Philippines or abroad.
3. Donations to one another will remain valid but if the done is the guilty 8. Sexual infidelity or perversion
spouse, then the donation will be revoked by operation of law. - Sexual perversion is determined on a case-to-case basis
4. Insurance beneficiaries designated to the guilt spouse may be revoked 9. Attempt by the respondent against the life of the petitioner
even if it is irrevocable. - This must not be justified by self-defense or that the spouse
5. The guilty spouse is barred from inheritance to the innocent spouse attacked was caught in flagrante delicto having carnal
either by testate or intestate succession. knowledge with another man or woman.
- Criminal conviction is not required as the attempt on the life of
Dissolution of the conjugal partnership another spouse may be proven by preponderance of evidence.
a. The properties will be liquidated and distributive according to the 10. Abandonment of petitioner by respondent without justifiable cause
comprise agreement of the spouses or to their pre-nuptial for more than 1 year.
agreement. However, absence of which, the absolute community of
property regime will govern. Criminal conviction of adultery or concubinage
b. If the union is without marriage - is not required in the action for legal separation. The court may
- The property regime shall be governed by the rule of co- grant legal separation by mere preponderance of evidence.
ownership provided for in Articles147 & 148, and not the - Other acts of sexual infidelity short of adultery and concubinage
conjugal partnership of gains or absolute community property. are enough as long as the said acts constitute a clear betrayal of
c. All creditors of both parties must be notified and the conjugal the trust of one spouse. Thus, even a husband single act of sexual
dwelling shall be adjudicated in favor of the spouse with whom intercourse with another woman is already ground for legal
majority of the common children choose to remain. separation.

Presumptive Legitime Lesbianism, homosexuality, drug addiction and habitual alcoholism

- This is the part of the testator’s property which he cannot - Can only be a ground for legal separation if they occur during
dispose of because the law has reserved it for certain heirs the marriage.
called compulsory heirs. - If said defects already existed before the marriage and they were
The presumptive Legitime of the children shall be delivered to them concealed from the other spouse, they could be grounds for
in cash, property or sound security and it must be provided in the annulment of marriage.
- This is only required only in the dissolution of marriage in Article 56-57: Defense for Legal Separation
Article 40. It is not required in other forms of void marriages Grounds for Dismissal for Legal Separation:
because said marriages are to be governed by co-ownership. 1. Where the aggrieved party condoned the offense or act
The partition and distribution of the properties of the spouses and the complained of
delivery of the presumptive legitimes to be children shall be recorded in 2. Where the aggrieved party has consented to the commission of
the Office of the LCR and in the Registry of Deeds in order to bind the 3 rd the offense or act constituting the grounds for legal separation
person. 3. Where there is connivance between the parties in the
- Non-compliance of the said requirement will render the commission of the offense or act constituting the ground for
subsequent marriage of the parties null and void legal separation
4. Where both parties have given ground for legal separation
5. Where there is collusion between the parties to obtain the
decree of legal separation
LEGAL SEPARATION 6. Where the action is barred by prescription
Legal Separation a.k.a. Relative Divorce - An action for legal separation shall be filed within 5 years
- This does not dissolve the marriage as it is nothing more than a from the time of occurrence of the cause.
separation in bed-and-board (a mensa et thoro) of the spouses.
- In the eyes of the law, the husband and wife are still married to The court may take judicial notice of prescription. If prescription is
each other but they are already allowed to live separately. apparent from the allegations in the complaint for legal separation, the
court can dismiss it “motu proprio”. Thus, even if prescription is not
Article 55: Grounds for Legal Separation interposed as a defense but it becomes manifest after trial, the court may
Grounds for Legal Separation: stil dismiss the complaint.
 These are exclusive grounds and therefore no other grounds for
legal separation can be invoked except those stated in Article 55 Condonation
 These grounds need not to exist prior to the marriage as they even  An act of forgiving and is given after the fact, while consent is
usually occur after the marriage given after the act that gives rise to the ground for legal
1. Repeated physical violence or grossly abusive conduct directed Consent
against the petitioner, a common child or a child of the petitioner.  You allowed such ground to happen
Connivance incidents such as custody of minor children, support “pendete lite”
 This happens when the spouse participated in the downfall of and alimony.
the other as by providing actively the opportunity for the  The court may also entertain prayers of injunctions within the
wrong doing directly or indirectly. period or even motion to dismiss.
Mutual Guilt
 This means that both parties are at fault or have given ground Why is this only peculiar to legal separation and not to voidable and
for legal separation. void marriage?
 You cannot come to court if you are a guilty party. - As distinguished from void and voidable marriage, the grounds
Collusion for legal separation have nothing to do with the status of the
 This refers to an arrangement between the spouses to obtain a marriage
decree of legal separation by secret maneuvers or pretensions - It only governs the relationship of the parties
by making it appear that a valid ground exist even if there is - In void and voidable marriages, it involves the status of the
none. marriage itself. We cannot compromise the status of a
 Also included as a ground for dismissal for petitions of nullity marriage.
and annulment
No court may render judgement on the basis of confession or a stipulation
- The reckoning point of the 5 year period is the time of the - Also for nullity and annulment cases
occurrence of the cause - The court is required to conduct trial and present their
respective evidences
Article 58-59: Procedures for Legal Separation
Note: Death of one party extinguishes a pending action for legal separation. STEP 3:
Spouses are entitled to live separately from each other
STEP 1:  After the filing of the petition for legal separation the parties are
Filing in the Family Court the complaint for Annulment or Declaration of already entitled to live separately from each other.
Administration of Conjugal Properties
- In the absence of written agreement of both parties as to the
The defendant shall be served with summons and a copy of the
administration of the absolute community or conjugal
complaint whereby he is given 15 days to file his answer from
partnership property shall be decided by the court.
receipt thereof.
- If neither of the parties is fit to administer it, the court may
appoint a third person to manage the community properties.
If no answer is filed by the defendant within 15 days:
 The court cannot declare the defendant in default Support of the parties and their common children and
 The court will order the prosecuting attorney or fiscal assigned to it custody
to enter his appearance for the State - The support for the parties and their common children will be
- To take steps to prevent collusion between the parties taken from the absolute community or conjugal partnership.
- To insure that evidence is not fabricated or suppressed - If the court awards the custody of their minor children to one
- To defend a valid marriage spouse, the other spouse should be given visitorial rights.
- To expose an invalid one
 After conducting an investigation, the fiscal is mandated by law to Article 63-64: Effects of Legal Separation
make a report to the court on the result of his investigation. If there EFFECTS OF LEGAL SEPARATION:
is no collusion the fiscal will submit a report of no collusion to the 1) The spouses shall be entitled to live separately from each other, but
court. the marriage bond shall not be severed.
2) The absolute community or conjugal partnership shall be dissolved
General Rule: The Fiscal must actively intervene in the case and submit a and liquidated but the offending spouse shall have no right to any
report to the court that there was no collusion between the parties. share of the net profits, which shall be forfeited in accordance with
article 43(2).
Exception: If the annulment or declaration of nullity of marriage was 3) The custody of the minor children shall be awarded to the innocent
strongly opposed & heatedly contested by the defendant by hiring a lawyer spouse, subject to the provisions of 213 of this code.
who filed several pleadings and actively participated in the trial of the case. 4) The offending spouse shall be disqualified form inheriting from the
 The non-intervention of the fiscal to assure lack of collusion innocent spouse by intestate succession. Moreover, provisions in
between the parties is not fatal to the validity of the proceedings in favor of the offending spouse in the will of the innocent spouse shall
court especially when it was not shown that evidence was be revoked by operation of law.
suppressed or fabricated by any of the parties. In this case, the strict 5) A donation by reason of marriage made by the innocent spouse in
application of Article 48 and 60 of the Family Code is unwarranted. favor of the guilty spouse is revoked by operation of law.
- The action to revoke the donation under Legal Separation must
STEP 2: be brought within five years from the time the decree of legal
Before the court will commence to the hearing of the case, it should allow separation has become final.
a “Six Months Cooling-off Period” to lapse from the filing of the complaint 6. The designation of the guilty spouse as the beneficiary of the
 This is intended to give the parties enough time to further insurance policy of the innocent spouse may be revoked by the
contemplate their positions and allow the healing balm of time to latter even if there is a designation that it is irrevocable.
aid them in the process.
 This is a mandatory requirement and its non-compliance renders
the decision infirm. However, what is only prevented is the hearing Article 65-66: Effects of Reconciliation
of the case on its merits. It does not involve the hearing of other A corresponding joint manifestation under oath signed by them shall be
filed with the court in the same proceeding for legal separation
Effects: injunction
A. For pending cases
- It shall be terminated right away Can the court issue a mandatory injunction directing the offending spouse
to perform his marital obligations or prohibitory injunction enjoining the
B. If the decree has already been issued
offending spouse from performing an act?
- The decree shall be set aside.
 Prohibitory – Yes, the court can issue a prohibitory injunction
C. Separation of properties and any forfeiture of share to the against the offending spouse for acts which tend to bring
guilty party already effected dishonor, danger or injury against the family.
- This shall continue to subsist, unless the spouses agree to  Mandatory – No, because marital obligations are personal and
revive their former property regime. consensual in nature. (Except support – failing to do so would
lead to contempt of court)
Joint Manifestation of Reconciliation specifications:
On Profession
1. The properties to be contributed anew to the restored regime
Either spouse may exercise any legitimate profession, occupation, business
2. Those to be retained as separate properties of each spouse or activity without the consent of the other. The latter may object only on
3. The names of all their known creditors, their addresses and the valid, serious and moral grounds.
amounts owing to them
Who will answer or shoulder the debt incurred in the exercise of their
The agreement of revival must be in writing and attached to the motion respective occupations?
filed in court trying the legal separation case. Creditors of both parties
IMMORAL/ILLEGTIMATE occupation without consent: Article 73
must be duly notified by furnishing them copies of both the agreement
 When objection is raised by the other spouse:
and the motion. - The court will decide if there is basis on the objection (valid,
- Once the court approves the agreement, the order of the court serious or moral grounds)
must be recorded in the proper registries of properties.  If the court finds it to be immoral:
- Those creditors that were not listed or not notified shall not be - The court will determine if benefit redounded to the family
prejudiced by the recording of the order in the proper registries. before or after the objection was made.

If before: The debt or obligation incurred by the spouse in pursuit of an

immoral profession shall be chargeable only against the spouse
concerned. (Article 73)
Title III - RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE - For this to apply, the innocent spouse must have no knowledge
of the other spouse’s engagement in an immoral activity such
Essential marital obligations: that he could not have interposed any objection.
1. The husband and wife are obliged to live together, observe mutual
love, respect and fidelity, and render mutual help and support. If after: Any debt or obligation incurred by the spouse in pursuit of the
(Article 68) immoral profession may be charged against the conjugal or community
2. The husband and wife shall fix the family domicile. In case of property.
disagreement, the court shall decide. (Article 69) - This is what is known as the Equitable Principle of Estoppel
3. The spouses are jointly responsible for the support of the family. where one could not avoid responsibility and yet continue
(Article 70) receiving the benefits. This will make sure that the other
4. The right to administer and manage the household shall be the right spouse, who did not object, should likewise share in the
and duty of both spouses. (Article 71) liability.
Note: Except for support, the courts cannot compel the husband and wife MORAL/LEGITIMATE occupation without consent: Article 94 par 3
to do these duties. It is the moral obligation of the spouses that should (ACP) or Article 121, par 3 (CPG)
constitute the motivating factor for making them observe the said duties
and obligations which are highly personal. Distinguish between two factual situations:
1. Obligation or loss incurred from an isolated transaction
This means that there can be no action for damages merely because of a
breach of marital obligation. Rule: Any obligation cannot be charged against the ACP or CPG but to
Reason for the rule: The Conjugal property will be made to answer the separate, exclusive properties of the debtor spouse. In order for
for the damages. the obligation to be chargeable against the ACP or CPG, there should
Exception: If the property regime is complete separation of be proof of actual benefit that redounded to the benefit of the family.
property, one can seek damages under Article 19, 20 & 21 of the
Civil Code (Abuse of Rights)

Remedies if one of the spouses neglects his duties or commits acts which
tend to bring danger, dishonor or injury to the other or to the family:
a. When the inability falls under psychological incapacity –
declaration of nullity of marriage (Article 36)
b. When the spouse designated as the administrator of conjugal or
community property is guilty of some acts of mismanagement -
the other spouse can ask the court for receivership. (Article 101)
c. The aggrieved spouse can ask the court that he or she be the sole
administrator of the conjugal or community property. (Article
d. Judicial separation of property. (Article 101)
e. When the spouse is guilty of physical, psychological, economic
abuse directed against the other, the aggrieved spouse can ask
the court for temporary or permanent protection order (VAWC)
f. Criminal charges if acts of the other spouse amount to a crime
- In our jurisdiction, a husband can rape his wife under the
Anti-VAWC Law
g. Injunction – Mandatory (commands the performance of an act)
and prohibitory (enjoins or prohibits the commission of an act)
3. By the local customs.
Ayala Investment v. CA and Spouses Ching
Facts: Marriage Settlements (Article 75-81):
 The husband was the vice-president of Philippine Blooming A contract between the would-be spouses before the celebration of the
Mills. When the corporation was suffering from financial marriage, embodying the terms and conditions of their agreement as the
difficulty, the corporation applied for a loan with Ayala manner by which their property relations is to be governed.
Investment. As a condition for the approval of the loan
application, Ayala required the husband to execute a surety Without a marriage settlement or when the regime is void, the default
agreement to guarantee the payment of the corporation’s property regime is the system of absolute community of property.
corporate loan. The husband as vice president executed a
surety agreement, binding himself jointly and severally with Any modifications, in order to be valid, must be made before the
the corporation. When the corporation failed to pay the loan, celebration of the marriage subject to the following provisions:
Ayala went to court and filed an action for collection of sums a. Article 66
of money not only against the corporations, but also against b. Article 67
the husband. c. Article 128
 The trial court ruled in favor of Ayala and pending appeal, d. Article 135
e. Article 136
the court granted the execution.
 The wife objected, contending that the obligation did not
The marriage settlement shall be in writing, signed by the parties and
redound to the benefit of the family and therefore, the CPG executed before the celebration of the marriage. And in order to not
should not be held liable to satisfy the judgement of the prejudice third persons, they must be registered in the local civil registrar
Court. as well as the proper registries of property. If there is a donation of an
Ruling: immovable property, the marriage settlement must be a public
 The Supreme Court sustained the wife’s argument. The instrument, i.e. it must be notarized.
contract entered into by the husband is of such nature that is
not normally expected to benefit the family. The husband The following must be weighed in ascertaining the fairness and
was not the recipient of the loan obligation, but only a reasonableness of the provisions of the marriage settlement:
guarantor. The beneficiary being the corporation and not the
family. a. The relative situation of the parties
 The only way the CPG may be held liable to satisfy the b. their respective ages, health and experience
judgment is to show that the family actually benefited out of c. their respective properties
the obligation. There should be proof of actual benefit to the d. their respective family ties and connections
e. the spouse’s needs
2. Obligation or loss is incurred in pursuit of an ordinary transaction – f. other factors that tend to show that the agreement was
normally expected to produce benefit to the family by its very understandingly made
If a person, upon whom a sentence of civil interdiction has been
Rule: Any obligation incurred may be charged against the ACP or CPG. pronounced or who is subject to any other disability, the guardian
It is not required that there should be proof of actual benefit to the appointed shall be made a party in the marriage settlement executed by
family. the said person.

G Tractors Inc. v. CA and Spouses Nicacio (?) In the absence of a contrary stipulation in the marriage settlement, the
Facts: property relations shall be governed by Philippine laws, regardless of the
place of the celebration of the marriage and their residence.
 Involves a contract between the husband and G Tractors
Inc, allegedly without the consent of the wife where the Exceptions to this rule:
husband leased some heavy equipment from G Tractors, a. When both are aliens
Inc. in pursuit of his logging business. b. With respect to the extrinsic validity of contracts affecting property
 For failing to pay the stipulated rental for the equipment, G not situated in the Philippines and executed in the country where
Tractors went to court and filed an action for the collection of the property is located
sums of money. The court ruled in favor of G Tractors. c. With respect to the extrinsic validity of contracts entered into the
 The wife contended that the obligation incurred by the Philippines but affecting property situated in a foreign country
husband arising from the contract with G Tractors is a whose laws require different formalities for its extrinsic validity.
personal debt of the husband because it was entered into
without her consent and involvement. Most importantly, everything stipulated in the marriage settlements shall
Ruling: be rendered void of the marriage does not take place.
 The Supreme Court rejected the argument of the wife,
Chapter 2: Donations by Reason of Marriage
holding that the contract entered into by the husband is of
such nature that it is normally expected to produce benefit
2 kinds of Donations:
for the family. It is an exercise of business, normally
a. Donations Propter Nuptias – donations in consideration of marriage
presumed to be intended for the benefit of the family. b. Ordinary donations – done during the existence of the marriage
Therefore, it is not required that there should be actual
benefit that redounded to the family, even if losses are Donation by reason of marriage
incurred in pursuit of such legitimate activity. A kind of donation incorporated in the marriage settlement, because
TITLE IV – PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE normally a donation is executed through a separate deed of donation.
- Simply a donation, the consideration of which is marriage.
- Executed before the marriage
- Can be done by a third-party in favor of one or both spouses
Chapter 1: General Provisions OR one would-be spouse in favor of the other spouse

Article 74 Donations by reason of marriage made by a third-party in favor of one or

The property relations between husband and wife shall be governed in both of the would-be spouses:
the following order: Rules:
1. By marriage settlements executed before the marriage; 1. Can only be done in a separate deed of donation
2. By the provisions of the Code; and 2. Valid even if the would-be spouses do not execute a marriage
Cirila Arcaba v. Tabancura, et.al.
3. Not governed by the not more than 1/5 limitation – because it is a
pure act of liberality, no negotiation and no danger of undue Facts:
influence  This involved an old man who stipulated a donation to his
4. The donor cannot donate all his properties – should retain some alleged house help who turned out to be his lover.
enough for his sustenance and for his compulsory heirs. If he Ruling:
donates all, it can be subject to collation to the extent that it impairs  The Supreme Court ruled that the donation was void under
the legitime. Article 87 of the Family Code.
5. Revocable at the option of the donor only when the marriage does
not materialize

Donations by reason of marriage made by one would-be spouse Instances where a donation by reason of marriage is rendered
This donation may be done through: voidable at the instance of the donor (Article 86):
a. Marriage settlement
b. Separate deed of donation 1. If the marriage is not celebrated:

Marriage Settlement Separate Deed of Donation Distinguish between donations by reason of marriage executed in a
marriage settlement from that executed in a separate deed of donation:
There must be a marriage There should also be a marriage
Marriage settlement: Donation is void.
settlement that must stipulate a settlement.
Separate deed of donation: Donation is revocable at the
property regime other than ACP
instance of the donor
- Because if it is ACP, it would
be a useless donation for
2. If the marriage is judicially declared as void
the donor would end up
being the owner just the
General rule: Donation is revocable, 5 years from the finality of the
decision of the court declaring the marriage void. Applies regardless of
- Donation is a mode of
whether the donee acted in bad faith.
acquiring property which
stipulates a loss of the
donor and a gain of the
a. If the marriage is declared void on the ground of Article 40
(subsequent marriage entered into without the benefit of a
The donor may not donate more Not subject to the 1/5 limitation.
judicial declaration for the absolute nullity the previous
than 1/5 of their present property. - In this case, there is no
marriage) - revoked by operation of law if donee acted in bad
- A marriage settlement is possibility of undue
faith as stipulated in Article 50 in relation to Article 43
just like an ordinary influence because this is a
b. If the marriage is judicially declared void under Article 44 (one
contract which undergoes unilateral act and there is
of the spouses who was previously married but his/her spouse
the process of negotiation. no process of negotiation
was declared presumptively dead but that spouse and the
- The exercise of undue
subsequent spouse knew at the time that the subsequent
influence is a common
marriage was celebrated that the missing spouse was alive
occurrence. This limitation
which means they acted in bad faith) – revoked by operation of
is imposed by law to avoid
this undue influence.
c. If the marriage is declared void by reason of being
If the marriage does not take If the marriage does not take bigamous Article 35 par 4 (subsequent marriage is
place, the donation is void. place, donation is not rendered bigamous and void because the first marriage is valid) - not
void. It is only revocable and revocable but void by reason of public policy (also refer to
under Article 86, only voidable 5 Article 739 which provides that donations made by persons
years from the time the marriage who were guilty of adultery or concubinage at the time of the
was supposed to take place. donation is void)
Note: The rules under Title III of Book III of the Civil Code must be Prescription period (for revocable): 5 years from the time of the finality of
observed. That is: the decision declaring the marriage void
- The donation must be accepted by the done personally or
through an SPA If the donee, in a donation revoked by operation of law, refuses to return
- The donation must be made during the lifetime of both parties the property, the donor should file an action for reconveyance of the
- Donation of a movable may be made orally or in writing property donated, within eight years when it is a movable property or
thirty years if it involves real property.
On Ordinary Donations (Article 87)
Executed DURING the marriage by one spouse in favor of the other or by 3. When the marriage takes place without the consent of the parents
one spouse in favor of a third party with or without consent of the other of one or both of the contracting parties
spouse - Again, within 5 years.
Rules: 4. When the marriage is annulled
1. Neither spouse may donate to the other during the marriage,
regardless of the value of the property or the property regime that In conflict with Art 50 in relation to Art 43 – which states that donations
governs their property relations. made to the donee who acted in bad faith are revoked by operation
2. Donations made by either spouse in favor of a third party of law.
involving a property belonging to the ACP or CPG is considered a
form of disposition which requires the consent of the other for Tw o conflicting views:
purposes of validity. If without consent: Donation is void. a) Art 86 should prevail over Art 50 and 43 because it is the later
Exception (to both): Moderate donation or gift on the occasion of family b) Art 43 is more consistent with the purpose of the law – punish
rejoicing. Moderate depends on the capacity of the donor. the donee who acted in bad faith (This is Sir T’s opinion as
This prohibition shall also apply to persons living together as husband and
wife without a valid marriage. 5. When there is a decree of legal separation
Exception: If donee acted in bad faith - revoked by operation of
6. When the donation by reason of marriage is subject to a resolutory What happens when the property acquired during the marriage by
condition and the resolutory condition is complied with. gratuitous title was exchanged, bartered or sold? What will become of the
- If the donation by reason of marriage is subject to a resolutory proceeds of the sale of the exclusive property?
condition, it is immediately valid and effective. But when the
resolutory condition takes place, it is revocable. Two conflicting views:
- A Resolutory Condition, which means it is immediately a. Whatever property that the spouse receives during the
demandable at one but deemed extinguished upon the marriage in exchange of his or her exclusive property, will
happening of the condition. become common.
- In comparison with Suspensive Condition, which is an - The property now acquired does not fall under the statutory
obligation that is not demandable until and unless the and contractual exclusions.
condition is complied with. - Also consistent with the general rule that those acquired
during the marriage are part of the community property.
7. When the donee is guilty of acts of ingratitude
Article 765 of the Civil Code: Charges Upon and Obligations of the Absolute Community of
a) Commission of any crime of the donee against the person, Property (Article 94):
property of honor of the donor or his wife or children Charges, obligations and liabilities that ACP is required by law to settle.
b) Imputation by the donee of any crime against the donor
c) Any acts involving moral turpitude against the donor, his 1. Support for the spouses, for the common children and for the
wife or children legitimate children of either spouse
d) Unjustifiable refusal to support on the part of the donee if the - Support for illegitimate children is not chargeable against the
donee is morally and legally obliged to give support common property. It is the personal obligation of the parent
spouse concerned. However, in case of absence or
Chapter 3: System of Absolute Community insuffiency of the personal properties of the parent spouse to
support the illegitimate child, it may be taken from the
What constitutes community property (Article 91): common property by way of advances subject to
The community property shall consist of all the property owned by the reimbursement, to be charged against the parent spouse
spouses at the time of the celebration of the marriage or acquired concerned at the time of liquidation.
2. All debts and obligations incurred during the marriage by the
Exception: designated administrator spouse for the benefit of the community.
1. Properties indicated to be exclusive in the marriage Or the debt and obligation incurred by the non-administrator
settlement spouse, with the consent of the other, which redounded to the
2. Properties excluded pursuant to Article 92 benefit of the family.

Properties excluded from the Community Property (Article 92): 3. All debts and obligations incurred by either spouse without the
1. Property acquired during the marriage by gratuitous title by either other's consent but redounded to the benefit of the family.
spouse, and the fruits as well as the income thereof - Refer to the 2 situations under Moral Occupation
Gratuitous title – properties acquired without burden to the person
who acquired it. The property is acquired by pure liberality. Ex: 4. Taxes, liens, charges and expenses including major or minor repairs
Donated, inheritance. upon the common property.

Remember, only those acquired during the existence of the marriage. 5. All taxes and expenses for preservation during the marriage upon
If it was acquired before the marriage, it becomes part of the the separate properties of either spouse used by the family.
Absolute Community. - If the separate property is not being used for the benefit of
the family, this provision does not apply
Except: If it is expressly provided by the donor, testator or grantor
that they shall form part of the community property 6. Expenses to enable either spouse to complete any profession for
2. Property for personal and exclusive use of either spouse, acquired
before or during the marriage. 7. Antenuptial debts or debts incurred before the marriage which
Except: Jewelry shall form part of the community property. Actually, redounded to the benefit of the family.
anything that is valuable. - There must be actual benefit that redounded to the benefit of
the family for antenuptial debts to be charged against the ACP.
3. Property acquired before the marriage by either spouse who has
legitimate descendants by a former marriage, and the fruits as well 8. The value of the property donated or promised by birth spouses to
as the income of such property. common children for the purpose of completing a vocational or
professional course for self-improvement
Abregana v. Abrenica
9. Personal to the debtor spouse a) antenuptial debts which did not
This case involves a lawyer, Atty. Abrenica, who was sued by redound to the benefit of the family b) support of the illegitimate
his partners for failing to account of the proceeds of the children and c) liability arising from crime or quasi -delict when
partnership. Atty. Abrenica lost in the case. Subsequently, his the separate properties of the debtor spouse are insufficient
house and lot and his 2 cars were levied in execution when (advance reimbursement mechanism)
the judgment became final. 10. Litigation expenses between spouses unless the suit is groundless.

Atty. Abrenica and his wife argued that these were part of the If the assets or properties of the ACP are not sufficient to satisfy all
community property. However, it was then known that Atty. the obligations, (except par9) the spouses are solidary liable of the
Abrenica was previously married but it was dissolved. In the balance of the obligation with their respective separate properties.
first marriage, there were 3 children.
Solidary obligation - when the obligation may be demandable against
Applying the 3rd paragraph of Article 92, these properties more than one debtor. The creditor can demand the fulfillment of the
were acquired by him before the marriage and he has entire obligation from any of the debtors.
legitimate descendants by the former marriage. These
properties are then exclusive. Therefore, are answerable of Example: The creditor can compel either the husband or the wife to pay
the personal liabilities of Atty. Abrenica. the entire obligation. However, the spouse who was compelled to pay the
entire obligation can demand from the husband his share in the
obligation. Principle of Advance Reimbursement Mechanism
ACP - this principle applies without need for securing the obligations
which pertain to the absolute community - advances are made
CPG - this mechanism may only be resorted to if the obligations which
This solidary obligation principle imposed on either spouse with respect
pertain to the conjugal partnership are already covered by the assets of
to their separate properties applies only insofar as the obligations
the CPG. In other words, the obligations pertaining to the partnership are
mentioned in Article 94, except par 9. Because par 9 are personal
secured first before the assets of the partnership may be charged with the
liabilities - the only principle applicable is the advance reimbursement
personal debts of either spouse under the advance reimbursement
Obligations incurred during the marriage by either spouse without the
Reason for distinction: In ACP, the spouses have fewer exclusive
consent of the other and which did not redound to the benefit of the
properties. In CPG, the spouses are normally expected to have more
family -- not covered under par 9. (Only antenuptial debts are covered)
separate properties.

Efren Pana v. Heirs of Jose Juanete Game of chance (Article 95)

Whatever may be lost during the marriage in any game of chance, betting,
Illustrative of the principle of advance reimbursement mechanism. sweepstakes, or any other kind of gambling, whether permitted or
Involves a criminal case for murder initially filed against the prohibited by law, shall be borne by the loser and shall not be charged to
husband along with other alleged co-conspirators. But during the the community.
trial, only the wife was convicted, but the husband was acquitted.
The wife was also adjudged civilly liable. Except: Winnings therefrom shall form part of the community
When the civil liability was sought to be enforced against the
ACP, the husband objected considering that civil liability arising Ownership, Administration, Enjoyment and Disposition of the
from crime is exactly the item mentioned in par 9 -- personal to Absolute Property (Article 96 for ACP and Article 124 for CPG)
the wife, hence should not be enforced against the community.
The Supreme Court ruled that while it is not chargeable against 1. Administration and enjoyment of ACP shall belong to the spouses
the community, the ACP however is obligated by law to advance. jointly. Joint administration by the husband and the wife. BUT in
However, it was argued that this advance should be made when case of disagreement, the decision of the husband prevails, subject
the liquidation should be done. But the SC said that there is no to the right of the wife to go to court to annul the transaction
necessity for liquidation first before advance could be made. entered into by the husband implementing his decision.
2. Any transaction entered into by the husband over the objection by
the wife, is revocable - the wife has the right to question the
Go v. CA transaction within 5 years from the date of the contract
Illustrates an obligation which arose from a breach of contract implementing the decision. If the wife does not question within that
consisting of damages imposed by the court. Involves a video- period, then the contract is valid.
taking service during the marriage of spouses Ong. The wife was
engaged to take the video of the wedding. Ho ever, she was not Note: The status of the transaction, disposition or encumbrance,
able to deliver the video recording. It was erased, allegedly. An administration of property - revocable only within 5 years.
action for damages was filed. Court sustained the plaintiff and an
Sole power of administration (2nd par of Article 96):
award of damages was adjudged against the wife.
In the event that either spouse is incapacitated or unable to participate in
the management, the other spouse may go to the court through a
But when the civil liability was sought to be enforced, the ACP summary proceeding and ask for the sole power of administration.
was levied for execution. It was argued that the liability should not - This sole power of administration does not include the right to
be enforced against the community because it was the personal dispose or encumber any common property. Only acts of
obligation of the wife. This argument was sustained by the SC. administration and not acts of disposition or encumbrance.

Requirement for disposition or encumbrance to be valid:

Supreme Court said that while either spouse may pursue a
1. There must be consent of the non-participating spouse
legitimate profession, business or activity, in this case the contract
2. If incapacitated to give consent, court authority is required.
was purely between the wife and spouses Ong. The SC said that
it is the personal obligation of the wife and therefore cannot be In the absence of a written consent or court order, any disposition or
enforced against the ACP. The issue on advance reimbursement encumbrance is VOID.
mechanism was not taken up in the case, although the issues are
essentially the same. How to distinguish 2nd par from 1st:
Note: Legarda and Mauis:
The SC in Go v. CA invoked Art 94 par 3 mentioned that any spouse may An opinion was expressed that the first par of 96 and 124, pertains only
pursue any legitimate profession, business or activity. If this is the kind of to acts of administration. The rule that says in case of disagreement, the
activity, this is presumed to be for the benefit of the family and therefore decision of the husband prevails, subject to the right of the wife to go to
chargeable against the ACP even when the transaction results in losses, as court within 5 years -- applies only if the acts performed by the husband
distinguished from an isolated transaction. pertaining to acts of administration. So that if the acts pertain to
disposition or encumberance, there is only one rule- without the consent
Go v. CA - video shooting is an occupation presumed to be for the benefit of the other spouse, the disposition or encumberance is VOID.
of the family, consistent with the ruling in Tractors Inc. But the SC saw it
the other way. SC may have in mind par9. Problem is, it forgets the Criticized the Supreme Court when it decided the case of Ravina v. Abrille
advance reimbursement mechanism. -- exactly illustrates the 1st par of 96.
The Supreme Court emphasized the principle of contracts but overlooks
the charges on ACP. The principle that only parties are liable - true in
ordinary contract. But when it involves liabilities sought to be enforced in
the ACP - provisions of the Family Code.

Atty.T's personal take - ruling in Go is not accurate.

because the other spouse is incapacitated either due to illness, absence.
Ravina v. Abrille
Doesn't matter who makes the disposition or encumbrance = still void
Both the husband and the wife jointly administered the
community property but when the husband decided to dispose Dissolution of the Absolute Community Regime (Article 99):
of the common property, the wife objected to the extent that
she even sent a letter to the prospective buyer making clear The absolute community terminates:
her objection to the sale. 1. Upon the death of either spouse
2. When there is a decree of legal separation
The SC ruled that the contract entered into by the husband 3. When the marriage is annulled or declared void
and the buyer is revocable. The sale was entered into by the 4. In case of judicial separation of property during the marriage
husband without the consent of the w ife. under Articles 134 to 138.

Applying the 1st par of Art96 - transaction is only revocable w Separation in Fact (Article 100)
ithin 5 years from the date of the contract implementing the The separation in fact between husband and wife shall not affect the
decision. The filing of the action to nullify the transaction by regime of absolute community.
the w ife was within the prescriptive period. The SC did not
rule that the transaction is void even if it was entered into even Exceptions:
without the consent of the w ife -- Consistent w ith the 1st par
of 96 and 124. If there is objection, the contract is only a. The spouse who leaves the conjugal home or refuses to live
revocable -- because the parties exercised joint administration therein, without just cause, shall not have the right to be
of the properties. supported
b. When the consent of one spouse to any transaction of the other
is required by law, judicial authorization shall be obtained in a
Mario Schuzi v. Guzon, Fuentes v. Roca and Giang v. summary proceeding.
Giang c. In the absence of sufficient community property, the separate
property of both spouses shall be solidarily liable for the
Demonstrative of the 2nd par. One of the spouses sold a support of the family.
common property without the consent of the other spouse
because the latter was unable to participate in the Abandonment or failure to comply with obligations to the family
administration -- separated de facto for 30 years. (Article 101):
If a spouse, without just cause, abandons the other or fails to comply with
The SC, consistent w ith the 2nd par succinctly ruled that the his or her obligations to the family, the aggrieved spouse may petition the
contract was VOID because of lack of consent of the other court for:
spouse. 1. Receivership
2. Judicial separation of property
3. Authority to be the sole administrator of the absolute
Based on these existing jurisprudence, it is now established that: community

1st par - joint administration of the property regime, with the knowledge A spouse is deemed to have abandoned the other when one has eft the
of the other spouse but with objection, thereby resulting in disagreement. conjugal dwelling for a period of 3 months without any intention of
-- ONLY REVOCABLE returning. (Failed to give any information as to his or her whereabouts)

Disposition made without the knowledge of the other spouse even if joint Liquidation of the Absolute Community Assets and Liabilities:
administration -- VOID (because of the absence of the chance for Takes place when the ACP is terminated.
When is ACP terminated? (Article 99)
However, while VOID, the transaction is considered a continuing offer on 1. Death of either spouse
the part of the consenting spouse and the third party which may be 2. Decree of legal separation
perfected as a binding contract the moment the court authorizes the 3. Annulment or nullity
transaction or acceptance by the other spouse. 4. Judicial separation of property

Most authors are of the opinion that when the non-consenting spouse Upon the dissolution of the absolute community, the following
eventually gives consent or when the court authorizes the transaction -- procedure shall apply (Article 102 and 129):
the contract is an altogether NEW contract.
1. Inventory has to be prepared -- all the common properties
It is not accurate to say that a void contract is ratified -- because a void belonging to the ACP and all the separate properties of either
contract cannot be ratified. (Hence it is more of a voidable contract since spouse.
it is a continuing offer)
2. Personal obligations of the parties shall be paid out of their separate
When the disposition is made by the wife properties and the obligations pertaining to the absolute community
shall be paid out of the common property.
First paragraph: Administration jointly exercised by both. And in case of - In case of insufficiency of the ACP to cover all liabilities --
disagreement, husband's decision prevails. This contemplates of a apply solidary obligation on the part of the spouses (any
situation where the encumbrance or disposition is from the initiative of balance of the ACP shall be paid by their respective
the husband. separate properties)

If the disposition or encumbrance is made by the wife over the objection 3. If after deducting all the debts, there remains properties belonging
of the husband -- DO NOT apply the 1st par of Art 96 to them separately -- these shall be returned to them.

Sta. Maria's opinion: The transaction entered into by the wife over the 4. If there remains properties belonging to the ACP (net assets) --
husband's objection can be assailed as: divided equally between the spouses.
a. unenforceable (because of lack of authority)
b. can be assailed as void on the ground that it was made Unless:
contrary to law or policy a. A different proportion or division was agreed upon in the
marriage settlement
Second paragraph: Only one is administering the common property b. There has been a voluntary waiver of such share
Heirs of Protacio Go v. Ester Servacio
5. The presumptive legitimes of the common children shall be
delivered upon partition. This shall not prejudice future inheritance.
Involves a property left by the deceased who was married.
Without liquidation of the CPG, the surviving spouse
6. The conjugal dwelling and the lot on which it is situated shall be (husband) along with one of the children, Rito Go, sold a
adjudicated to the spouse with whom the majority of the common portion of the estate left by the deceased (wife). When the
children choose to remain. (Only applies to ACP or CPG) other children knew of the sale, they filed an action to annul
the transaction invoking the provision which says that any
What is the effect if the property regime is terminated by death? disposition of the property belonging to the ACP or CPG
(Article 103 and 130) without complying with the requirement of obligation is VOID.
Rule 103 and 130: - where marriage is extinguished by death, the natural The Supreme Court ruled that if a portion of the property
process of settlement of the estate will follow. This is done in a special belonging to the ACP of CPG is sold without complying with
proceeding involving the settlement of the estate of a deceased person. the requirement of liquidation, the disposition is not
necessarily void – especially if after liquidation it will be
The Estate may be settled in two ways: determined that the other heirs who did not participate in the
1. Probate testate proceedings – If a person died with a will, the will disposition still gets their own share. Because obviously, the
shall be probated and the estate distributed according to the terms requirement of liquidation is for the purpose of protecting the
and conditions of the will interests of the creditors and the heirs.

2. Intestate proceedings – if a person died without a will, the estate If at the end of the day, it can be determined that the other
will be settled in court and intestacy and rules on intestate heirs are still able to get their respective shares, then there is
succession will follow no problem. In this case, the portion sold by two is even lesser
than what they are entitled to get.
The same proceedings will be applied when the person who died is married.
The surviving spouse is required to liquidate the estate within one On the rules of co-ownership, a co-owner has the right to
year upon the death of the other spouse as required by law. encumber or dispose the share even without the consent of
the other. (Article 493 of the NCC)
This can be done:
a. Extrajudicially – Preparing a document denominating the extra
judicial settlement of the estate of the deceased person. The 103 – What is only void is the portion belonging to the other non-
property there will be adjudicated in favor of the estate, consenting heirs
payment of debts and the remaining property will be
distributed to the surviving heirs. Done only if the parties can The rule now: the disposition made without liquidation is void in so far as
agree. the interest of the non-consenting heirs.
b. Judicially – If the parties could not agree, the court will decide
as to which portion of the property goes to whom. Chapter 4 – Conjugal Partnership of Gains

Effects of non-compliance of liquidation within 1 year from death of the Otherwise known as the relative community property regime. Should be
deceased Art 103 and 130: stipulated in the marriage settlement. Jointly owned by the parties.

1. Any disposition of the property belonging to the ACP or CPG shall be What governs CPG:
void. 1. Marriage settlement
2. If the surviving spouse contracts a subsequent marriage without 2. Rules on contract of partnership
complying with the requirement of liquidation – mandatory that the 3. Family Code
property regime that will govern the subsequent marriage is
complete separation of property regime. Properties that form part of the conjugal partnership:

First effect: Disposition is void 1. Under this regime, the husband and wife place in a common fund the
proceeds, products, fruits and income from their separate properties
The SC interpreted this provision in an entirely different way. and those acquired by either or both spouses through their efforts or
by chance.
- What is acquired by them before and at the time of the
marriage, remains theirs.
- Fruits: Any improvement or addition to the personal property.
Can be industrial (ex: buildings), natural (ex. Piglets, plants),
civil (Ex: rental) fruits.

2. Any acquired by the spouses through their efforts or by chance

- Salary, winnings in gambling, hidden treasures.
3. Upon the termination of the marriage, the net assets that either
spouse obtained will be conjugal.

The following specific properties are conjugal partnership properties

(Article 117):
1. Properties acquired through onerous title during the marriage by
either spouse
- Onerous: acquired for valuable consideration other than
the generosity of the grantor

2. Properties acquired by work, labor, industry, profession or

occupation. (Income as a lawyer, any business, etc.)
Example: Before the marriage, the husband obtained a loan from the
3. Fruits and income of the common properties and net fruits of the bank and by way of collateral, he mortgaged his property. For failure
exclusive properties. to pay, the bank foreclosed the property and sold in favor of a third
Net fruits – already took into consideration in producing the fruit. party.

4. Share in the hidden treasure Under the law, if a property mortgaged in foreclosed, the mortgagor
Rule in Article 483 of the NCC - owner of the property where the owner has one year to redeem the property sold at the foreclosure
property was found gets everything. But if a finder is a third party, sale.
the finder gets 50% and the owner of the property gets the other
half Rule if the 1 year period falls during the existence of the marriage:
- If found in the exclusive properties – CPG (Property was foreclosed before the marriage but the redemption
- If either spouse is only a finder and the property belongs period falls due during the marriage)
to a third party - the finder spouse gets 50% and goes to - The property acquired by redemption will not form part
the CPG of the CPG by express provision of law

5. Property acquired through occupation - fishing or hunting Barter - Same principle holds if either spouse receives another
- Occupation here is not profession.
property during the marriage in exchange or substitution of his or
- The difference is in the mode of acquisition - there is no
her own exclusive property
previous owner (Civil Code definition)
- There is an element of chance
Rule in ACP is different: When an exclusive property is exchanged
6. Livestock existing at the time of dissolution in excess of those with another property, the property will be part of the common
brought into the marriage by each property

7. Anything acquired by chance, betting, sweepstakes, gambling, Sale during the marriage: What will become of the cash or the purchase
whether legal or illegal. Winnings form part of the CPG. Losses are price?
suffered by the debtor spouse. Conflicting views:
a. Exclusive – because a sale transaction is essentially a barter
Note: Any or all properties acquired during the marriage under the CPG transaction
are presumed to be conjugal. This presumption holds true even if the b. Conjugal – because cash in exchange of the property is the
property is registered under the name of one spouse only and even if it proceeds of the exclusive property
was acquired during a cohabitation with another party and registered to c. If the exclusive property sold during the marriage for profit the
the paramour. (Article 116) original value is exclusive and the excess/profit conjugal
because it is considered as a fruit or income

Procopio Villanueva v. CA 4. That which is purchased with exclusive money of the husband or the
Husband was separated de facto with his wife to cohabit with Example: Spouse inherited a bank deposit from parents and
Pacita. Husband acquired various properties during the purchases a property using such money
cohabitation registered under the name of Pacita.
Rights of Spouses with regard to their exclusive properties:
Whether or not the property is Pacita's or that of the CPG or 1. They retain the ownership, possession, administration and
ACP of the valid marriage. enjoyment of their exclusive properties. (Article 110, par.1)
2. May, during the marriage, transfer the administration of his or her
SC ruled that whatever property acquired during the existence exclusive property to the other by means of a public instrument,
of the ACP or CPG, is presumed to be the property of the which shall be recorded in the registry of property of the place
CPG or ACP, even if acquired during cohabitation. where the property is located. (Article 110, par.2)
3. May mortgage, encumber, alienate or otherwise dispose of his or her
Same principle in the case of Bell Codero v. CA and Josefina exclusive property, without the consent of the other spouse, and
v. Iron Works appear alone in court to litigate with regard to the same.

Exclusive property of each spouse (Article 109): Installments (Article 118):

1. Properties brought by either spouse into the marriage Property bought on installment paid partly from exclusive funds of either
or both spouses and partly from conjugal funds.
2. Properties acquired during the marriage by gratuitous title
Substantially the same as Art 92 ACP statutory exclusions, but The ownership depends:
actually different. - If the ownership is vested upon the delivery of the property
CPG - property acquired during the marriage by gratuitous title is which happened before the marriage, then is it exclusive.
always exclusive property of the spouse who acquired it without - If it is vested on the last payment which happened during the
exception) marriage, then it is conjugal subject to reimbursement.
ACP- property acquired during the marriage by gratuitous title is
exclusive property of the spouse who acquired it except when the Note: Always remember that if the property became conjugal, the spouse
grantor provides that it be part of the common property. who owned it shall be reimbursed.

3. Property acquired by right of redemption, barter or exchange using Note: The buyer may become the owner without the full payment.
the property belonging solely to the spouse Absolute Contract of Sale – a kind of contract whereby the property is
transferred to the buyer upon the delivery regardless of whether the
Redemption – right to get back one’s property where it was earlier purchase price has not been fully paid
conveyed to another.
Contract to Sell – ownership is given to the property only upon the
Zulueta v. Pan American World Airways
payment of the full purchase price
Husband filed a case against the airline company for breach of
Note: If paid out of the exclusive funds, falls under the 3rd kind of contract of carriage. They won and damages were awarded.
exclusive property and not in this Article.
Issues: Whether or not the damages awarded by the court
Credits (Article 119) forms part of the conjugal partnership.
If either of the spouses extended loan to someone else but the payment
was made during the marriage. (The loan is exclusively owned by either The Supreme Court ruled that if the damages awarded by the
spouse but the payment is received during the marriage) court arose from a transaction financed by the conjugal
partnership = Conjugal. It was established that the plane
Rules: tickets were purchased using conjugal funds. Hence, the
1. If payment is received during the marriage corresponding to the damages should be conjugal.
principal amount = EXCLUSIVE PROPERTY
2. Payment received during the marriage corresponding to the interest
Lilius v. Manila Railroad
that accrued before the marriage = EXCLUSIVE
3. Payment received during the marriage corresponding to the interest
that accrued during the marriage = CONJUGAL (essentially Involves a suit for quasi-delict filed against manila railroad
considered fruits of the exclusive) arising from a vehicular accident. The plaintiffs were awarded.
Issue: Whether or not the damages awarded by the court
How about a property is acquired using money borrowed by either spouse should form part of the conjugal partnership. The Supreme
from a third party? Say, husband borrowed money from a friend and using Court ruled that the damages arose from physical injuries
such money husband purchased a property. What is the status of the which are personal to the person concerned. Hence, it is a
property purchased? personal property of the one whose injury was compensated.

Rule: Any property acquired during the marriage using the exclusive Insurance
money of either spouse = Exclusive Suppose a car by the husband with a fire insurance is lost, who gets to own
the insurance proceeds?
Determining factor: The ownership of the money used in the repayment
of the loan. Determining factor: the money used for the procurement of the insurance
 If paid out of the exclusive money = property is exclusive  If paid out of exclusive money- exclusive
 If paid out of conjugal money - property is conjugal  If paid out of conjugal money – conjugal

Retirement benefits (Article 115)

Wong v. IAC Rule if during the marriage, either spouse received retirement benefits,
depends on the nature of the retirement benefit:
Transaction entered into by the husband who are separated  If onerous (when the amount is the accumulation of the
de facto with his wife. Husband borrowed money from his portions of the spouse's salary of the years deducted from his
friend to buy a property. The wife also borrowed money from monthly salary) – conjugal
which she was charged for estafa. To satisfy the civil liability,  If gratuitous (extended out of pure liberality by the giver) -
the sheriff levied on execution the property purchased by the exclusive
husband using the money he borrowed from his friend.
If improvement is introduced to the separate property (Article 120)
Issue: Whether or not the property of the husband acquired Can be at the expense of the CPG or through the effort of either or both
through the borrowed money can be levied for execution to spouses.
satisfy the obligation which was personal to the wife.
Note: The law discourages different ownership over the land and the
The SC ruled that any property acquired during the marriage building. Ownership should be uniformly owned by one person.
is presumed to be conjugal and there was no evidence that
the money used for the repayment of the loan belongs Conjugal - When the cost of improvement and the resulting increase in
exclusively to the husband. Therefore it is a conjugal property value are more than the value of the property at the time of the
and can be levied for execution. improvement (real owner is entitled to reimbursement during
In a litigation, either spouse obtains a judgment award in the form of liquidation)
damages adjudicated by the court. Who gets to own the damages? Example:
Land – 2M
Building – 2m
Resulting increase in value – 1M
Add the resulting increase 1M to the cost of improvement 2M =
3M > value of the land 2M

Exclusive - When the cost of improvement and the resulting increase are
not more than the value of the property exclusively owned by the spouse
at the time of the improvement (CPG is entitled to reimbursement during

How to determine the greater value

Example: Land belonging to husband exclusively is 2M. Out of the
conjugal funds, a building was constructed during the marriage on such Main difference: In case the debtor spouse has insufficient exclusive
land. The cost of improvement is 2M. separate properties to satisfy his or her debts or obligations:
Land 2M, Building 2M = 4M
ACP Art 94 - Advances subject to reimbursement (no need to first cover
Cost of improvement and resulting increase in value of the property: Due the obligations of the ACP)
to the improvement, the land now may cost 5M. (1M – resulting increase CPG Art 121 and 122 - The CPG can only be made to make the advances
in value) once the obligations of the CPG are satisfied (principle of exhaustion)

Note: Ownership will only be transferred either to the CPG or to the Reason for distinction: In ACP, the spouses have fewer exclusive
spouse upon reimbursement is made during liquidation. properties. In CPG, the spouses are normally expected to have more
separate properties.
 If the property is to be awarded to the CPG, the land remains to be However, the Supreme Court ruled in the case of Pana v. Heirs of Juanete
owned by the spouse before the reimbursement is made at the time that there is no need to wait for liquidation for advances to be made in
of liquidation. the conjugal partnership

Significance: Before the ownership is transferred, the property which

Efren Pana v. Heirs of Jose Juanete
remains under the ownership cannot be levied on execution to satisfy an
obligation pertaining to the CPG.
Illustrative of the principle of advance reimbursement
mechanism. Involves a criminal case for murder initially filed
 If the property is to be awarded to the spouse, the land is considered
against the husband along with other alleged co-conspirators.
to be part of the CPG before the reimbursement is made at the time
But during the trial, only the wife was convicted, but the
of liquidation
husband was acquitted. The wife was also adjudged civilly
Significance: The spouse who owns the land cannot insist that he or she liable.
be paid rental for the occupancy of his land, even if the building belongs
When the civil liability was sought to be enforced against the
to a third party, the CPG. Because whatever rental that may be due would
CPG, the husband objected considering that civil liability
just the same end up as a common fund – interest income of the spouse
arising from crime is exactly the item mentioned in par 9 --
exclusive property.
personal to the wife, hence should not be enforced against the
conjugal partnership.
Charges and Obligations of the CPG (Article 121):
The Supreme Court ruled that while it is not chargeable
1. The support of the spouse, their common children, and the
against the community, the CPG however is obligated by law
legitimate children of either spouse; however, the support of
to advance. However, it was argued that this advance can
illegitimate children shall be governed by the provisions of this Code
on Support only be made if the other obligations pertaining to the CPG are
covered. And this can only be determined upon liquidation.
2. All debts and obligations contracted during the marriage by the
designated administrator-spouse for the benefit of the conjugal But the SC said that for purposes of the advance mechanism
partnership of gains, or by both spouses or by one of them with the requirement, it is not necessary to wait for liquidation.
consent of the other; Because the law only says “covered”, meaning it is enough
that at the time the advances is made, the properties of
3. Debts and obligations contracted by either spouse without the belonging to the CPG are enough to cover the obligations
consent of the other to the extent that the family may have pertaining to the CPG.
What can be done is a provisional or informal liquidation. The
4. All taxes, liens, charges, and expenses, including major or minor danger there is that the possibility cannot be discounted that
repairs upon the conjugal partnership property; the liquidation is actually made, the properties belonging to the
CPG may not be sufficient to satisfy the obligations of the
5. All taxes and expenses for mere preservation made during the
marriage upon the separate property of either spouse;
Administration of the Conjugal Partnership Property
The rule is the same with Absolute Community. Art 96 – ACP
6. Expenses to enable either spouse to commence or complete a
professional, vocational, or other activity for self-improvement; Art 124 - CPG

7. Ante-nuptial debts of either spouse insofar as they have redounded Liquidation of Conjugal Property (Article 129):
to the benefit of the family; 1. Inventory - In the listing of the inventory of properties if the CPG,
any advances made shall be included in the list of properties
8. The value of what is donated or promised by both spouses in favor belonging to the CPG as an asset. (par 2)
of their common legitimate children for the exclusive purpose of  Whatever amount the CPG owes to either spouse, shall be
commencing or completing a professional or vocational course or listed as the exclusive properties of either of the spouses.
other activity for self-improvement; and
2. Come up with list of obligations - personal obligations and
9. Expenses of litigation between the spouses unless the suit is found obligations of CPG
to groundless.  Each spouse shall be reimbursed for the use of his/her
exclusive funds in the acquisition of property or for the value
The charges and obligations of the CPG are slightly different from that of of his/her exclusive property, the ownership of which has been
ACP [Art 94 (ACP) v. Art121 and 122 (CPG)] vested by law in the conjugal partnership
Chapter 6 – Complete Separation of Property Regime
3. Deduct the personal obligations from the separate properties and
deduct the conjugal obligations from the conjugal properties, etc. Rights:

1. Article 145: Either spouse has absolute right to enjoy, administer,

use, dispose, and encumber any of his or her property without the
consent of the other.
Chapter 5 – Judicial Separation of Property
2. Article 145: To each spouse shall belong all earnings from his or
Three instances where the regime of complete separation of properties her profession, business or industry and all fruits, natural, industrial
governs the marriage: or civil, due or received during the marriage from his or her
separate property
1. If stipulated in the marriage settlement
2. Article 103 and 130: If previous marriage was terminated by death 3. Can engage in any profession without the consent of the other
and spouse contracts a subsequent marriage without complying
with the requirement of liquidation Obligations (Article 146):
3. When during the existence of the marriage, the parties resorted to
judicial separation of property 1. Jointly responsible for family expenses in proportion of their income
(in case of insufficiency or default thereof, to the current market
Judicial separation of property: Always require court approval whether value of their separate properties)
voluntary or involuntary
2. Solidarily liable with their respective separate properties with their
A. Voluntary - Does not require any cause: mutual agreement of the creditors relating to family expenses (veco, pldt bills)
parties. Filing of a petition for voluntary separation of their
properties (both should file) Chapter 7 – Unions without marriage or under a void marriage

B. Involuntary - When there is cause (aggrieved party is the one filing Article 147 and 148 Property Regimes of Void Marriages (Co -
the petition) Ownership)

Grounds that require final judgment by the court: What is covered by Articles 147 and 148:
i. Civil interdiction
ii. Absentee Article 147:
iii. Loss of parental authority
Grounds that don’t require final judgment by the court: 1. A union between a man and a woman cohabiting with each other,
iv. Abandonment for 3 months without the benefit of marriage but are capacitated to marry each
v. Mismanagement other.
vi. Separation de facto for 1 year
2. Union under a void marriage; Capacitated to marry but under a void
Revival of Property Regime (Article 141): marriage. Void marriages other than void because of incapacity to
Suppose the court granted the judicial separation of property, may the marry. (Age, sex, legal impediment)
parties agree to revive their property regime?
3. Void for absence of essential and formal requisites (except lack of
YES. Grounds for revival: (depends on the kind of judicial separation) capacity to marry due to age, sex, legal impediment)

 Involuntary - may be revived if the ground for the involuntary 4. Void for psychological incapacity
judicial separation ceases
 Voluntary – the parties can always file a joint motion for the revival 5. Void under Art 53 -- marriage dissolved under Art 40 or annulled
of the previous property regime under Art 45 but one of the parties failed to comply with the
requirement of liquidation, partition and delivery -- subsequent
Can the revived property regime be in turn dissolved again voluntarily or marriage is void
6. Void under Art 44 where a spouse obtained a judicial declaration of
presumptive death of his former spouse. Both spouses in the
 If the judicial separation was decreed involuntarily and was revived
subsequent marriage acted in bad faith - therefore their marriage is
– may be dissolved again involuntarily if there is another ground
 If the judicial separation was decreed involuntarily and was revived
– may be dissolved again voluntarily
Structure of Property Relations of Article 147 (Co-ownership):
 If the judicial separation was decreed voluntarily and was revived –
may be dissolved again involuntarily
 If the judicial separation was decreed voluntarily was revived – may 1. Wages and salaries earned during the cohabitation - co owned by
NOT be dissolved again voluntarily both even if earned only by one of them.

Note: Voluntary can only be availed of once. 2. Properties acquired during the cohabitation by either spouses using
his or her exclusive money - exclusive separate property (there
Rights and Obligations of Spouses after their Property Regime Is
must be proof that the money used exclusive belongs to the spouse
Judicially Dissolved by Judicial Separation
who purchases the property)

Effect: Property relations between spouses is now to be governed by

3. Properties acquired by both through their effort or industry -- co
complete separation of property regime ownership
4. If only one of the parties is acting in good faith, the share of the Carino v. Carino
party in bad faith on the co-ownership is forfeited:
- Order of forfeiture is different from the rule in Article 43: a)
Involves a policeman named Juanito. His first wife was Susan
common children or descendants then b) party's respective
Igdao and the second wife is Susan Yi. Without obtaining a
judicial declaration of nullity of marriage of his previous
marriage, he contracted a second marriage. Juanito died. The
5. Income and fruits of the separate exclusive properties -- exclusive
tw o wives scrambled over a piece of Juanito’s estate.
Note: Before the partition of the properties owned in common, neither of Claiming that everything should go to her, the second w ife
the parties may dispose nor encumber any property owned in common to filed an action in court for the collection of a sum of money. In
support of his position, the second wife assailed the validity of
a third party. BUT either of the spouse encumber his or her share to the
the first marriage for lack of marriage license which was duly
other co-owner.
Article 148:
Issue: Who gets to own the estate left by Juanito?
1. Union between a man and a woman, cohabiting as husband and wife
The Supreme Court ruled that the first marriage is void for lack
but are incapacitated to marry each other
of marriage license but it does not mean to say that the
second marriage is valid just because the first marriage is
2. Married but marriage is void because they are not capacitated to
marry each other: void, because under Art 40, without the judicial declaration of
a. Void marriage by reason of Art 4 -- essential requisite on legal nullity of marriage, the subsequent shall likewise be void for
capacity (same sex, below 18) being bigamous. Susan Yi therefore cannot claim to be the
b. Void marriage under Art 37 incestuous marriage legal wife.
c. Void marriage due to public policy Art 38
d. Void marriage under Art 35 par4 bigamous marriage (first Since the second marriage is void for being bigamous, the
marriage valid, subsequent marriage void and bigamous) property regime should be governed by Art 148 (co-
ownership). Under 148, only the properties which are acquired
Note: Article 40 - void marriage but falls under ACP or CPG by the parties through their actual joint contribution. In this
case, the property left by Juanito consists of his salary,
acquired by Juanito alone. Susan Yi therefore got nothing.
Valdez v. RTC and Dino v. Dino

The Supreme Court made a mistake because the marriage

Property regime of void marriages shall be governed by Art
between Juanito and Susan Yi is exactly the marriage
147 and 148 except when it is void by reason of Art 40.
contemplated under Article 40 because the subsequent
marriage was entered into without the benefit of the judicial
The Supreme Court ruled that when the marriage is declared
declaration of nullity of the first marriage. Hence, the property
void, the property regime existing in the marriage is either that
regime should have been liquidated according to the rules of
under 147 or 148 and so such regime shall be liquidated in
either Art 102 or 129 pursuant to Art 43.
accordance with the rules on co-ownership. The only
exception is when the marriage is declared void by reason of
Structure of Property Relations under Article 148:
Do not be misled by the case of Carino v. Carino, where the Supreme 1. Wages and salaries are exclusive to the party who earned them
Court committed a very patent mistake
2. Properties acquired using exclusive money are exclusive

3. Only properties acquired through actual joint contribution in

money, property and industry can form part of the co-ownership

4. It is indispensable that the party should show proof of actual


5. If the party who acted in bad faith is validly married - salaries and
wages during the cohabitation belong to the ACP or CPG of the valid
- Any property acquired during cohabitation - belongs to the
ACP or CPG existing in the valid marriage
- If the party who acted in bad faith is not married - share in the
properties is forfeited

Distinction: Art 43 from Art 147 and 148:

1. Art 43, what is forfeited is the share of the party in bad faith in the
net profits. In 148, the entire share is forfeited

2. In 43, order of forfeiture is different (common children only) In 147

and 148 (common children and descendants)

3. In 43, second in line is the descendants of the guilty spouse, in 147

and 148 party's respective descendants

Structure of Property Relations:

Article 147 Article 148
Wages and Salaries Co-owned even if Exclusive
earned by one of
them only
Properties Exclusive but needs Exclusive but does
acquired using proof that the not need proof
exclusive money money used
exclusively belongs
to the spouse who
purchases the
Properties Co-ownership Co-ownership but
acquired by both without need to there must be proof
through their joint prove actual of actual
effort or industry participation participation in the
Spouse acted in bad Share in the net If married –
faith profits is forfeited salaries and wages
during the
cohabitation belong
to the ACP or CPG
of the valid

If unmarried – rule
on forfeiture
Income and fruits Exclusive Exclusive
of the separate