Atty. Francis C.

Brion, RMT
Attorney V, NAPOLCOM 11

 1. CIVIL PERSONALITY 2. MARRIAGE 3. LEGAL SEPARATION 4. RIGHTS AND OBLIGATION BETWEEN

HUSBAND AND WIFE 5. PATERNITY AND FILIATION 6. ADOPTION AND SUPPORT

A. CIVIL PERSONALITY
PERSON- Any being, natural or artificial,
capable of possessing legal rights and obligation.
TWO KINDS OF PERSON:
1. Natural persons- human beings, created by God thru

the intervention of the parents. 2. Juridical Person- those created by Law.

 ART. 37 (NCC)- Juridical capacity,

which is the fitness to be the subject of legal relations, is inherent in every natural person and is lost only through death. Capacity to act, which is the power to do acts with legal effect, is acquired and may be lost.
Full Civil Capacity- the union of two

kinds of capacity

 ART. 38- RESTRICTION TO CAPACITY

TO ACT:
1. Minority 2. Insanity or Imbecility 3. State of being a deaf mute 4. Prodigality 5. Civil Interdiction

 ART. 39- Modification or Limitation on Capacity to Act.

1.Insanity 2. Age 3. Imbecility 4. The State of being deaf mute 5. Penalty 6. Prodigality 7. Family Relations 8. Alienage 9. Absence 10.Insolvency 11. Trusteeship

 ART. 40- What determines Personality?

Birth determines personality; but the conceived child shall be considered born for all purposes that are favorable to it, provided it be born later with the conditions specified in the following article.

 ART 41- For civil purposes, the fetus is

considered born at the time it is completely delivered from the mothers womb. However, if the fetus had an intra-uterine life of less that seven months; it is not deemed born if it dies within twenty four hours after its complete delivery from the maternal womb.

 ART 42- HOW CIVIL PERSONALITY IS

EXTINGUISHED?
- Civil

personality is extinguished by death.

 Art 43- Presumptions on survivorship.

If there is doubt, as between two or more

persons who are called to succeed each other, as to which of them died first, 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 same time and there shall be no transmission of rights from one to the other.

B- MARRIAGE
Art. 1- Family CodeMarriage is a special contract of permanent union between man and woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulations, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code.

 ART. 2- Essential requisites of Marriage:

1) Legal capacity of the contracting parties

who must be a male and a female; and

2) Consent freely given in the presence of

the solemnizing officer.

 Art 3- Formal Requisites of Marriage:

1) Authority of the solemnizing officer;

2) A valid marriage license except in the cases

provided for in Chapter 2 of this Title; and

3) A marriage ceremony which takes place

with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age.

 Art 4- The absence of any of the essential or

formal requisites shall render the marriage void ab initio, except as stated in Article 35.
A defect in the essential requisites shall

render the marriage voidable as provided in Article 45.

An irregularity in the formal requisites

shall not affect the validity of the marriage but the party or parties responsible for the irregularity shall be civilly, criminally and administratively liable.

 Art 5- Legal age for Marriage:

Any male or female of the age of eighteen

(18) years or upwards not under any of the impediments in Article 37 and 38, may contract marriage.

 Art 6- Necessity for a Ceremony or

Celebration.
No prescribed form or religious rite for the

solemnization of the marriage is required. It shall be necessary, however, for the contracting parties to appear personally before the solemnizing officer and declare in the presence of not less than two witnesses of legal age that they take each other as husband and wife. This declaration shall contained in the marriage certificate which shall be signed by the contracting parties and their witnesses and attested by the solemnizing officer.

 Art 7- Who can solemnize the marriage.

1. Any incumbent member of the judiciary within

the courts jurisdiction;

2. Any priest, rabbi, imam, or minister of any

church or religious sect;

mentioned in Art 31.

3. Any ship captain or airplane chief only in cases

4.Any military commander of a unit to which a

chaplain is assigned, in the absence of the latter, during a military operation, likewise, only in the cases mentioned in Art 32. the case provided in Article 10 (only marriages between Filipinos abroad).

5. Any Consul-General, Consul, or Vice Consul in

6- Municipal or City mayors ( LGC)

 Art 8- Specified Venues of Marriage.

The marriage shall be solemnized publicly in the

chambers of the judges or in open court, in the church, chapel or temple, or in the office of the consul general, consul or vice consul, as the case maybe, and not elsewhere, except in cases of marriages contracted at the point of death or in remote places in accordance with Article 29 of this Code, or where both of the parties request the solemnizing officer in writing in which case the marriage may be solemnized at a house or placed designated by them in a sworn statement to that effect.

 Art 9- Where to apply Marriage License.

A marriage license shall be issued by the local

civil registrar of the city or municipality where either contracting party habitually resides, except in marriages where no license is required in accordance with Chapter 2 of this Title.

 Marriage of Exceptional Character

(No marriage license is required)
1) In articulo mortis ( Art 27);
2) In a remote place (Art 28); 3) Marriage of people who have previously

cohabited for at least 5 years ( Art 34), ratification of marital cohabitation;

4) Marriages between pagans or Mohammedans,

who live in non- Christian provinces, and who married in accordance with their customs.

 Art 10- Marriages between Filipino

Citizens Abroad.
Marriages between Filipino citizens abroad may

be solemnized by a consul-general, consul or vice consul of the Republic of the Philippines. The issuance of the marriage license and the duties of the local civil registrar and of the solemnizing officer with regard to the celebration of marriage shall be performed by said consular official.

 Art 11- Application for marriage license,

under oath. Art 12- Duties of the Civil Register.

Art 13- Papers to be presented by

applicants who had been previously married.

1) Death Certificate;
2) Divorce Papers; 3) Annulment of Viodable Marriages; 4) Declaration of Nullity of a Void Marriage

 Art 14- When Parental Consent is

Required.
In view of RA No. 6809, dated Dec 13, 1989, once a

party reaches the age of 18, he or she is ipso facto by operation of law, already emancipated, hence there is no more emancipation by reason of marriage.

In this regard, the requirement of parental consent had not been affected by reason of lowering the majority age from 21 to 18 years, under RA 6809.

Such that the parties shall in addition to the requirements in the preceding Article exhibit the consent of their parents, surviving spouse, or guardians or persons having legal charge of them. The consent must be manifested in writing or in the form of an official affidavit witnessed by two persons and duly attested by an official authorized to administer the oaths.

 Art 15- When Parental Advice is Required.

Any contracting party who is between 21 and 25 years is obliged to ask the advice of his parents or guardian upon the intended marriage. This advice to be sought is in recognition of respect and obedience of the son and daughter, to his or her parents, and at the same time minimizing hasty marriage as it accords the parties time and opportunity to have a second thought on their final choice of a lifetime partner.

What would be the effect if the Parental Advice is unfavorable?

If the solicited advice is unfavorable, the

issuance of marriage license will be suspended for three months following the completion of the publication thereof. If however, the contracting parties deliberately refuse to obtain parental advice, the marriage license must not be issued.

 Art 17- Posting and Purpose of Notice (10 consecutive days in LCR conspicuous bulletin board)

Art 18- What to do if Impediment are

known?

Art 19- License Fee- No other fee or tax

shall be collected for the issuance thereof.

Art 20- Effectivity of Marriage License.
120 days from date of issue

 Art 21- Certificate of Legal Capacity,

Required for Foreigners.

Art 22- Marriage Certificate.
While Marriage certificate is not an essential

elements of marriage, it is the best evidence of the existence of marriage.

 Art 26- Marriages solemnized outside

the Philippines.

If valid where celebrated, it is also valid here, This is the doctrine of Lex Loci Celebrationis, the law of the place of celebration.

 MARRIAGES EXEMPT FROM THE LICENSE

RERQUIREMENTS.
1) Marriage in Articulo Mortis (Art 27); 2) Marriage in Remote places (Art 28) 3) Marriage During the Voyages (Art 31); 4) Marriage within Zones of Military Operations ( Art 32); 5)Muslim marriage or other members of Ethnic Groups

(Art 33)
6) Marital Cohabitation for five (5) years (Art 34)

 Art 34. Marital Cohabitation. To be

exempted from a marriage license, it is required that:

1) The parties must have lived as husband and wife

for at least 5 years; others;

2) There is no legal impediment to marry each

3) An affidavit be executed by the parties stating the

foregoing facts;

4) The solemnizing officer shall also state under

oath that he ascertained the qualifications of the parties and found no legal impediment to the marriage.

 VOID AND VOIDABLE MARRIAGES

Art 35- Void Marriages:
1. Contracted by any party below 18 years of age;
2. Unauthorized solemnizing officer; 3. Solemnized without marriage license, except

those mentioned exemptions;

4. Bigamous or polygamous marriages;

5. Contracted through mistake;

6. Those subsequent marriages that are void under

Art 53.

 Art 36- Psychological Incapacity.

A marriage contracted by any party who, at the

time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization.

 Art 37- Incestuous Marriages.

1) Between ascendants and

descendants of any degree; and

2) Between brothers and sisters,

whether full or half blood.

 Art 38- Void marriages for Reasons of

Public Policy, between:

1) Collateral blood relatives up to 4th civil degree; 2) Stepparents and stepchildren; 3)Parents in law and children in law; 4)Adopting parent and the adopted child; 5)Surviving spouse of the adopting parent and the adopted child; 6) Surviving spouse of the adopted child and the adopted; 7) Adopted child and a legitimate child of the adopter; 8)Adopted children of the same adopter; 9) Parties where one, with the intention to marry the other, killed that other persons spouse or his or her own spouse.

 Art 39- Imprescriptibility of action or

defense, and its exceptions.

- For Declaration of Nullity of Marriage

Art 40- Nullity of Previous Marriage,

Final Judgment is the Basis for Remarrying.

 Art 41-Voidable Bigamous Marriage and

its legal necessity for declaration of Presumptive Death.

- 4 years- Ordinary absence
- 2 years- There is danger of death - 7 years- No need of Judicial declaration of Presumptive Death

Art 42- Automatic Termination of

Subsequent Marriage.
- Only presentation of Affidavit of Reappearance of the absent spouse.

 Art 45-Grounds for Annulment of

Marriage;
1) Non- Age ( 18 to 21); 2) Unsoundness of Mind; 3) Fraud (as defined in Art 46); 4) Force, intimidation, or undue influence; 5) Impotency; 6) Sexually Transmitted Disease (If incurable)

 Art 46- The Frauds which are Grounds

for Annulment of Marriage are:

1. Non disclosure of previous conviction;
2. Concealment of pregnancy; 3. Concealment of STD; 4. Concealment of Drug Addiction, habitual

alcoholism, homosexuality or lesbianism;

Art 47- Prescriptive Period for Annulment Cases or Actions:

1.Lack of parental consent:
a) By the party- within 5 years after attaining age of majority; b) By the parents- Before the party has reached the age of 21. 2.Unsoundness of mind: a) by spouse who had no knowledge of others insanityAt any time before the death of either party. b) by relative or guardian of the insane- the same and either during lucid interval; and regaining sanity.

3. Fraud- by the injured party, within 5 years after discovery of fraud;

4. Vitiated consent- by the injured party, within five years from the date of the force, intimidation, or undue influence discovered or ceased; 5. Continuing incapable physical incapacity- by the injured party, within 5 years after the celebration of the marriage; 6. Serious and incurable STD- by the injured party, within 5 years after the celebration of the marriage.

 Art 52- The judgment of annulment or of

absolute nullity of marriage, the partition and distribution of the properties of the spouses, and the delivery of the childrens presumptive legitimes shall be recorded in the appropriate civil registry and registries of property; otherwise, the same shall not affect third persons.

 Art 53- Effect of the Termination of

Marriage.
Either spouse may marry another. If either of them contracted a subsequent marriage without recording the matters mentioned in Art 52, the subsequent marriage is null and void.

C. LEGAL SEPARATION
Art 55- Grounds for Legal Separation:
1) Repeated physical violence or grossly abusive conduct;
2) Physical violence or moral pressure; 3)Attempt to corrupt or induce engagement in prostitution;

4)Final Judgment in criminal cases;

5) Drug Addiction or habitual alcoholism;

6. Lesbianism or homosexuality;

7. Contracting a subsequent bigamous marriage anywhere; 8. Sexual infidelity or perversion; 9. Attempt against life; 10. Abandonment.

Art 56- Defense in Legal Separation:

1) Condonation; 2) Consent; 3) Connivance; 4) Mutual guilt; 5) Collusion; 6) Barred by Prescription.

 Art 58- Suspension Period in Legal

Separation.
An action for legal separation shall in no case be

tried before six months shall have elapsed since the filing of the petition.

Art 59- Efforts at Reconciliation Period.

-No legal separation may be decreed unless the court has steps toward the reconciliation of the spouses and is fully satisfied , despite such efforts, that reconciliation is highly improbable.

 Art 60- No decree of legal separation

shall be based upon a stipulation of facts or confession of judgment.

In any case, the court shall order the fiscal

assigned to it to take steps to prevent collusion between the parties and to take care that the evidence is not fabricated or suppressed.

 Art 61- Effects of Filing of Petition for

Legal Separation.

1. The spouse shall be entitled to live separately

from each other (separation from bed and board);

2.The right of consortium ceases; 3. The wife is suable alone without need of

impleading the husband;

4. When the consent of one spouse is needed in any

transaction, judicial authorization is necessary; property or conjugal partnership may be agreed upon in writing between the parties.

5. The administration of the absolute community of

 Art 62- Support of the Spouses.

Art 63-Effects of decree of Legal Separation.
1. The spouses shall be entitled to live separately from each other,

but the marriage bonds shall not be severed;

2.

The absolute community of property or the conjugal partnership shall be dissolved and liquidated ; therefrom shall be forfeited in favor of the common children;

3. The offending spouses share of the net profits earned

4. The custody of minor children shall be awarded to the innocent

spouse, subject to the provision of Article 213 of this Code; and

5. The offending spouse shall be disqualified from inheriting

from the innocent spouse whether by intestate or testate succession.

 6. The obligation of mutual help and support under

Art 68 ceases. The court may still order the guilty spouse to support the innocent children;

7. Separation of properties; 8. The wife shall continue using her name and

surname employed before the legal separation;

9. The innocent spouse may revoke donations made in

favor of the offending spouse, as well as the designation of the latter as beneficiary in any insurance policy even if said policy is stipulated as irrevocable;

10. Obligation of mutual fidelity remains effective; 11. Rights to cohabitation ceases.

 Art 65- Reconciliation.

If the spouses should reconcile, the corresponding

joint manifestation under oath duly signed by them shall be filed with the court in the same proceeding for legal separation.

D-RIGHTS AND OBLIGATION BETWEEN HUSBAND AND WIFE.

Art 68- Basic Obligations of Husband and Wife.
1. Duty to live together; 2. Duty to observe mutual love, respect and fidelity; 3. Duty to render mutual help and support.

 Art 69- Right to fix Domicile Art 70- Support of the family:
Sources of Expenses For Support and Conjugal Obligation: 1. Community Property; 2. Income or fruits of their separate property; 3. Their separate properties.

Art 71- Management of the Household is the Right

and Duty of Both Spouses.

Art 72- Relief by the Court. Art 73- Exercise of Legitimate Profession,

Others.

E- PATERNITY AND FILIATION

Art 163- Filiation of Children:

1) By nature (legitimate or illegitimate) 2) Adoption.

Paternity/maternity- civil status relationship of parents to the child.

Filiation- the civil status or relationship of the child to his father or mother.

 Art 164- Legitimate Children:

1. One conceived or born during the marriage of the

parents unless its status is impugned for causes provided by law;

2. Test tube babies or those conceived as a result of

artificial insemination. For such child to be legitimate the parties must have:
a) authorized or ratified such insemination; b) in a written instrument; c) executed and signed by them before the birth of the

child.

 Art 165- Illegitimate Children.

Children conceived and born outside the valid

marriage are illegitimate, provided in this Code.

unless

otherwise

Art 166- Grounds for Impugnation of

Legitimacy.
1. Physical Impossibility; 2. Biological, ethnic or other scientific reasons; 3. Vitiated consent in the matter of test tube

babies.

 Art 167- A married woman can not be

allowed to bastardize her child.

Art 168- Rule if a widow contracts

another marriage after termination of first marriage.

Requisites for the child to be the child of the first

marriage:
1) The child must have been born within 300 days after the

termination of the first marriage; and

2) said child must have been born within 180 days after the

solemnization of the second marriage.

 Art 170- Prescriptive period for

Impugnation of Legitimacy Directly, not Collaterally

default, by his heirs within the prescriptive period fixed by the Article:

The action can be filed by the husband or in his

1- One year- from knowledge of birth or its recording

in the Civil Registrar, if residing same municipality;

three years if living abroad; and

2- two years if not residing the same municipality; or

3-If

birth is concealed or unknown to the husband/heirs, period counted from discovery or knowledge of birth.

 Art 171- Requisites for Impugnation of

Filiation by the heirs of the husband:

1. If husband dies before expiration of period

to bring action;
2. If husband dies after filing complaint,

without filing desistance;

3. If child was born after death of the child; 4. The child himself may impugn his

legitimacy at any time during his lifetime.

 Art 172- Proof of Filiation

Filiation of child, whether legitimate or illegitimate

may be established by the following primary defenses:

1. Record of birth appearing in the civil registrar; 2. Final Judgment;

3. Written admission of filiation in a public or

private handwritten instrument signed by the parent concerned.

 In absence of the primary evidence, filiation may

be established by:
1. Open and continuous possession of the status of

a child as legitimate or illegitimate which does not mean forever;

2. Any other means allowed by the Rules of Court

and special law.

 Art 174- Rights of Legitimate Children;

1. Bear the surname of the father and mother; 2. Receive support; 3. Entitled to the legitimate and other

successional rights granted to them by the Civil Code

 ILLEGITIMATE CHILDREN
Art 175- Filiation of Illegitimate Children:
The filiation of illegitimate children may be established in the same manner and on the same evidence as in the case of legitimate children. Filiation must not only be proven but it must also be acknowledged by the supposed parent. Where a petitioner wants to bear the surname of his natural father, who has acknowledged him, his remedy is an action for acknowledgment, not for a change of name