Civil Code Provisions Reviewer General Provisions Art. 2.

Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided. This Code shall take effect one year after such publication. (1a) o Unless otherwise provided refers to the date of effectivity, not the publication requirement. Art. 3. Ignorance of the law excuses no one from compliance therewith. (2) Art. 4. Laws shall have no retroactive effect, unless the contrary is provided. (3) o Changes that would prejudice or impair vested or acquired rights from old legislation shall have no retroactive effect. (Art. 2252) o Rights declared for the first time in the Code shall retroact even to acts or events which happen under old legislation. Acts and rights existing but not exercised before the effectivity of this Code shall remain in full force in conformity of the old laws, but shall be regulated by this Code and the Rules of Court. If the right or action under the old law was pending at the effectivity of this Code, and the procedure is different, the parties concerned may choose which method/procedure to apply. (Art. 2253 & Art. 2258) o No vested or acquired rights can arise from acts or omissions against the law or the rights of others. (Art. 2254) o Former laws shall regulate acts and contracts with a condition or period executed before the effectivity of the Code even if the condition or period is still pending at the time of the Codes enactment. (Art. 2255)

Acts and contracts under the regime of the old laws, if they are valid in accordance therewith, shall continue to be fully operative, with limitations established in this Code. But if they are revoked or modified under this Code, they are subject to these provisions. (Art. 2256) Doctrine of repeal for criminal liability and penalties (Art. 2257) The right to institute civil action against a person acquitted in a criminal prosecution or civil action for damages in a person in a case of defamation, fraud, or physical injuries (Arts. 29 & 33) shall retroact to pending cases. (Art. 2267) Capacity of a married woman to execute acts and contracts and voluntary recognition of a natural child are governed by this Code, and retroacts to the date of her marriage or the date of birth. (Art. 2259 & 2260) Status and rights of natural and illegitimate children referred to in FC 54 and 176, respectively, shall be acquired by children born before the effectivity of this Code. (Art. 2264) Exemption prescribed in FC 205 retroacts to any support, pension, or gratuity existing before the effectivity of this Code. (Art. 2261) Guardians of the property of minors appointed before the effectivity of this Code shall continue to be such despite the provisions of FC 225. (Art. 2262) The rights of a person who die with or without a will before the effectivity of this Code shall be governed by the old Code, previous laws, and Rules of Court but if the death is under the new Code, then the inheritance shall be adjudicated and distributed according to the new Code and the Rules of Court. Testamentary provisions shall be carried out as far as permitted by this Code. (Art. 2263)

The right of retention of real or personal property arising after this Code becomes effective, including things which came into the creditors possession before the effectivity. (Art. 2265) o Certain procedural provisions are retroactive. (Art. 2266) o Suits between members of the same family pending at the time of effectivity of this Code are suspended under terms the court may determine in order that a compromise may be sought, or that a reconciliation may be effected, for legal separation proceedings. (Art. 2268) o Principles upon which the preceding articles are based shall be analogously applied to cases not specifically regulated by them. (Art. 2269) Art. 5. Acts executed against the provisions of mandatory or prohibitory laws shall be void, except when the law itself authorizes their validity. (4a) o Prohibitive laws concerning persons, their acts or property, and those concerning public order, policy, and good customs shall not be rendered ineffective by laws, judgments promulgated, determinations, or conventions agreed upon in a foreign country. (Art. 17 par. 3) Art. 6. Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals, or good customs, or prejudicial to a third person with a right recognized by law. (4a) o The person waiving the right must understand the right being waived, the consequences of waiving said right, and recognize the fact that he actually possesses the right he intends to waive. o No compromise upon civil status of persons, validity of a marriage or legal separation, ground for legal separation, future support, jurisdiction of courts, or future legitime shall be valid. (Art. 2035) o

Art. 7. Laws are repealed only by subsequent ones, and their violation or non-observance shall not be excused by disuse, or custom or practice to the contrary. When the courts declare a law to be inconsistent with the Constitution, the former shall be void and the latter shall govern. Administrative or executive acts, orders and regulations shall be valid only when they are not contrary to the laws or the Constitution. (5a) All existing laws, decrees, executive orders, proclamations, letters of instruction, and other executive issuances not inconsistent with the Constitution shall remain operative until amended, repealed, or revoked. (Art. XVIII, Sec. 3 of the 1987 Constitution) Art. 8. Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines. (n) Art. 9. No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws. (6) o Whenever a court has knowledge of any act which it may deem proper to repress and which is not punishable by law, it shall render the proper decision, and shall report to the Chief Executive, through the Department of Justice, the reasons which induce the court to believe that said act should be made the subject of legislation. The court shall also submit to the Chief Executive, through the Department of Justice, such statement as may be deemed proper, without suspending the execution of the sentence, when a strict enforcement of the provisions of this Code would result in the imposition of a clearly excessive penalty, taking into o

consideration the degree of malice and the injury caused by the offense. (RPC 5) Art. 10. In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail. (n) Art. 11. Customs which are contrary to law, public order or public policy shall not be countenanced. (n) Art. 12. A custom must be proved as a fact, according to the rules of evidence. (n) o Congress may provide for applicability of customary laws governing property rights or relations in determining the ownership and extent of ancestral domain. (Art. XII, Sec. 5, par. 2, 1987 Constitution) o A court may take judicial notice of matters which are of public knowledge, are capable of unquestionable demonstration, or ought to be known to judges because of their judicial functions. In a trial, the court may take judicial notice of matters upon its own initiative or on request of a party, allowing the parties to be heard thereon. After the trial and before judgment or on appeal, the proper court may also take judicial notice in this same way on any matter and allow the parties to be heard thereon if the matter is decisive of a material issue in the case. (Rules of Court 129, Secs. 2 & 3) Art. 13. When the laws speak of years, months, days or nights, it shall be understood that years are of three hundred sixty-five days each; months, of thirty days; days, of twenty-four hours; and nights from sunset to sunrise. If months are designated by their name, they shall be computed by the number of days which they respectively have. In computing a period, the first day shall be excluded, and the last day included. (7a)

If the last day of the period falls on a weekend or a legal holiday in the place where the court sits, the time shall not run until the next working day. Should an act be done which effectively interrupts the running of the period, the allowable period after such interruption shall start to run on the day after notice of the cessation of the interruptions cause. The day of the act that caused the interruption shall be excluded in the computation of the period. (Rules of Court 22) Art. 14. Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in the Philippine territory, subject to the principles of public international law and to treaty stipulations. (8a) Art. 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad. (9a) o Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a valid divorce is obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall likewise have the capacity to remarry under Philippine law. (FC 26, par. 2) Art. 16. Real property as well as personal property is subject to the law of the country where it is stipulated. o However, intestate and testamentary successions, both with respect to the order of succession and to the amount of successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by the national law of the person whose succession is under consideration, whatever may be the nature of the property and regardless of the country wherein said property may be found. (10a)

Art. 17. The forms and solemnities of contracts, wills, and other public instruments shall be governed by the laws of the country in which they are executed. When the acts referred to are executed before the diplomatic or consular officials of the Republic of the Philippines in a foreign country, the solemnities established by Philippine laws shall be observed in their execution. Prohibitive laws concerning persons, their acts or property, and those which have, for their object, public order, public policy and good customs shall not be rendered ineffective by laws or judgments promulgated, or by determinations or conventions agreed upon in a foreign country. (11a) -

Art. 18. In matters which are governed by the Code of Commerce and special laws, their deficiency shall be supplied by the provisions of this Code.(16a)

Civil Personality Capacity (Art. 37) o Juridical/legal fitness to be the subject of legal relations; inherent in every natural person and is lost only through death. Everyone is presumed to have juridical capacity. o Capacity to act power to do acts with legal effect; acquired and may be lost Restrictions on the Capacity to Act Restriction Age Effects Must have a guardian, whether appointed by the court after a petition, or naturally by the parents exercising -

Insanity/imbecility -

joint guardianship without need of a court appointment (A.M. NO. 03-0205-SC) Can only vote upon reaching the age of 18 (Art. V, Sec. 1 of the 1987 Constitution) Cant marry until the age of 18 (FC 5) Cannot give consent to a contract until the age of 18 or emancipated (Art. 1327); contracts entered into by minors are voidable (Art. 1390, 1), and the minor is obliged to make restitutions as far as he has benefitted from the contract. (Art. 1399) No criminal liability if under 15 years old, over 15 and under 18 needs determination of discernment Cannot marry; marriage is voidable unless person then freely cohabits with the other spouse after coming to reason (FC 45, 2) Also cannot give consent to contracts, but the contracts are valid if entered into

Deaf-mutism

Prodigality Civil Interdiction

Family Relations (FC 150) - Husband and wife - Parents and children - Ascendants and descendants - Full-blood (same father and mother)/half-blood (only one common parent) (Art. 967) siblings

during a lucid interval (Art. 1327, 2 & 1328) Exempted from criminal liability Also cannot give consent to contracts IF they do not know how to write (Art. 1327, 2) A deaf testator must read the will or have two other persons read it to him (Art. 807), but he cannot be a witness to a will (Art. 820) Considered incompetent (Rules of Court 92, Sec. 2) No rights to parental authority, guardianship, marital authority, right to manage or dispose of his property (RPC 34) Suits between members of the same family cannot prosper unless it is made manifest that a compromise was earnestly sought, but failed (FC 151) Husband and wife cannot sell property to each other except when a separation of property was agreed

Alienage Absence Insolvency & Trusteeship

Gender

upon in the marriage settlements, or whether there has been a judicial separation of property (Art. 1490) Each generation forms a degree, a series of degrees forms a line, either direct (descending or ascending) or collateral (from a common ancestor). Ascent is made to the common ancestor and then descent is made to the person with whom the computation is to be made. (Arts. 963966) Art. IV, 1987 Constitution NCC 381-396 NCC 1381, 1491, 2236 The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men (Art. II, Sec. 14 of the 1987 Constitutition)

Natural Persons (Arts. 40-43) o Birth determines personality. (Art. 40) The State shall equally protect the life of the mother and the life of the unborn from conception. (Art. II, Sec. 12 of the 1987 Constitution) Children conceived or born during the marriage of the parents are legitimate. Children conceived via artificial insemination of the wife with the sperm of the husband or that of a donor or both are also legitimate provided that the husband and the wife authorized or ratified such insemination in a written instrument executed and signed by them before the birth of the child, which shall be recorded in the civil registry together with the childs birth certificate. (FC 164) o Death extinguishes personality. (Art. 42) The effect of death upon the rights and obligations of the deceased is determined by law, contract, and will. (Art. 42) o An unborn child shall be considered born for all purposes that are favorable to it, provided it is alive at the time it is completely delivered from the mothers womb OR lives past 24 hours from complete delivery if it had an intrauterine life of less than seven months (premature). (Art. 40 & 41) Exact time is apparently very particular. o In cases of doubt as to who died first between two or more persons who are called to succeed each other, the burden of proof lies with the one who alleges the prior death. (Art. 43) o In the absence of proof, it is presumed that both died at the same time and there shall be no transmission of rights. (Art. 43) When two persons perish at the same time, and it is not shown who died first, the survivorship is determined from the

probabilities resulting from the strength and age of the sexes, governed by the following rules: If both were under 15 years old, the older is deemed to have survived If both were above 60 years old, the younger is deemed to have survived If one is under 15 and the other over 60, the former is deemed to have survived If both be over 15 and under 60 and the sex is different, the male is deemed to have survived; if the sex is the same, then the older If one be under 15 or over 60, and the other between those ages, the latter is deemed to have survived (Rules of Court 131, Sec. 3, jj) Juridical Persons (Arts. 44-47) o The following are juridical persons (Art. 44): State and political subdivisions Corporations, institutions, and entities for public (created by law) or private interest or purpose. Corporation artificial being created by operation of law, having the right of succession and the powers, attributes, and properties expressly authorized by law or incident to its existence. (BP 68, Sec. 2) Corporations created by special laws or charters shall be governed primarily by the provisions of the special law or charter creating/applicable to them, supplemented by the provisions of the Corporation Code as far as they are applicable. (BP 68, Sec. 4)

The SEC may reject the articles of incorporation or disapprove any amendment on the following grounds: o Articles of incorporation are not in accordance with the form prescribed; o Purpose of the corporation is unconstitutional, illegal, immoral, or contrary to government policy; o Treasurers Affidavit concerning the amount of capital stock subscribed and/or paid is false; o That the percentage of ownership of the capital stock to be owned by Filipino citizens do not comply with the provisions of the Constitution. (BP 68, Sec. 17) Banks, banking and quasi-banking institutions, building and loan associations, trust companies and other financial intermediaries, insurance companies, public utilities, educational institutions, and other corporations governed by special laws must have a favorable recommendation of the appropriate government agency before they can be approved for incorporation. (BP 68, Sec. 17) A partnership is where two or more persons enter a contract, binding themselves to contribute money, property, or industry to a common fund with the intention of dividing the profits among

themselves or for the exercise of a profession. The partnership has a juridical personality separate and distinct from that of each of the partners. (Art. 1767 & 1768) Public corporations juridical personality begins as soon as they have been constituted according to law. Private corporations have a juridical personality separate and distinct from that of each shareholder, partner or member. Juridical persons mentioned are governed by the laws creating or recognizing them. (Art. 45) Private corporations are regulated by laws of general application on the subject, while partnerships and associations are governed by provisions concerning partnerships. (Art. 45) Juridical persons may acquire and possess property of all kinds as well as incur obligations and bring civil or criminal actions, in conformity with the laws and regulations of their organization. (Art. 46) Upon dissolution of corporations, institutions, and other entities for public interest, their properties and other assets shall be disposed of in pursuance of law or the charter creating them. (Art. 47) If nothing has been specified on this point, the property and other assets shall be applied to similar purposes for the benefit of the region, province, city, or municipality which principally benefitted from the existence of that institution. (Art. 47)

Citizenship Art. 48 is amended by Art. IV of the 1987 Constitution. Domicile is the place of their habitual residence. (Art. 50)

The husband and wife shall fix the family domicile, and the court shall decide in case of disagreement. One spouse may be exempted from living with the other if the latter should live abroad or there are other valid and compelling reasons for such an exemption, EXCEPT when it is not compatible with the solidarity of the family. (FC 69) A spouse is deemed to have abandoned the other when he or she has left the conjugal dwelling without any intention of returning, which is determined when the spouse has left for or not given information as to his or her whereabouts for a period of at least three months. (FC 101, par. 3) For juridical persons, the domicile is the place where they exercise their principal functions or where their legal representation is established IF the domicile is not fixed by any law or provision. (Art. 51) A residence is merely a place a person stays for a certain purpose. After fulfilling that particular purpose, that person then returns to his or her domicile. (Marcos vs. COMELEC)

Marriage Nature (FC Art. 1) Special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution. o Its nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code. Breach of promise to marry o Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith. (NCC 19)

Every person who, contrary to law, wilfully or negligent causes damage to another, shall indemnify the latter for the same. (Art. 20) o Any person who wilfully causes loss or injury to another in a manner that is contrary to morals, good customs, or public policy shall compensate the latter for the damage. (Art. 21) An agreement made in consideration of marriage, other than a mutual promise to marry, is not an enforceable contract unless the agreement is in writin and subscribed by the party charged or by his agent. Evidence of the agreement cannot be received without the writing of its contents. (NCC 1403, 2, c) Any person who has entered into a contract to marry but subsequently refuses without reasonable ground to marry the other party who is willing to perform the same shall pay the latter the expenses incurred for the preparation of the marriage and such damages as determined by the court. (Art. 22, Muslim Code) Requisites (Arts. 2-4) o The absence of essential or formal requisites shall void the marriage ab initio except in the situation provided in Art. 35(2). (see Authority of Solemnizing Officer) o A defect in consent existing at any time in the marriage shall render the marriage voidable. (Art. 45, see Consent) o An irregularity in the formal requisites shall not affect the validity of the marriage but the party/ies responsible for irregularity shall be held civilly, criminally, and administratively liable. o

Essential Legal capacity - must be over 18, without any impediments (prior marriage that is not dissolved via the provisions of Art. 41 on presumptive death/absence), and not in an incestuous relationship or against public policy as defined in Arts. 37 & 38 (Art. 5): - Ascendants or descendants - Full-blood/halfblood/adopted siblings - Collateral blood relatives up to the 4th civil degree - Step-parents/stepchildren - In-laws - Adoptive parent/child - One who killed the others spouse in order to marry him or her (For relatives, either legitimate or illegitimate.) Defect: None; either you are a minor or not.

Formal Authority of the solemnizing officer, as defined in Arts. 7 & 10: - Any member of the judiciary within the courts jurisdiction - Any priest, rabbi, imam, or minister of any church or sect duly authorized by his church or sect and registered with the civil registrar general, acting within the limits of the written authority granted by same church or sect; at least one of the parties must belong to that church or sect (7, 2) - Ship captain or airplane chief but ONLY in articulo mortis between passengers or crew members while the ship is at sea, the plane is in flight, or during stopovers at ports of call (Art. 31) - Military commander of a unit to which a chaplain is assigned but is absent but ONLY in articulo mortis between members of the

Consent. Parties over 18 but below 21, not emancipated by a previous marriage (Art. 14) must have the consent of their parents. Defects: - No parental, guardian, or substitute parental (in that order) consent for parties under 21 (Art. 45, 1) - Unsound mind (2) - Consent obtained by fraud (3): nondisclosure of a previous conviction, concealment of prior

armed forces or civilians within the zone of military operation (Art. 32) - Any Filipino consulgeneral, consul, or vice-consul but ONLY between Filipino citizens abroad (Art. 10) It is the duty of the solemnizing officer to furnish copies of the marriage certificate to the contracting parties and the civil registrar. (Art. 23) Irregularity: If the solemnizing officer did not have authority, but either or both parties believed in good faith that he did (Art. 35 par. 2) Marriage license Requirements: 1. Application (Art. 11) 2. Proof of capacity (birth certificates, death certificate of deceased spouse, parental consent) (Arts. 12, 13, 14 respectively) 3. Parental advice (ages 21-25) (Art. 15) 4. Certified marriage counselling (Art. 16) 5. Publication of notice (Art. 17) 6. Investigation of impediments (Art.

pregnancy from another man, an STD, drug addiction, alcoholism, homosexualty, or lesbianism (Art. 46) - Consent obtained by force, intimidation, or undue influence (4) - Physically incapable/impotent (5) - One party has an STD (6), also counts as fraud (Art. 46, 3) The marriage must be between a male and a female. (Art. 2) Defect: None. Youre either a man or a woman, for purposes of marriage; neither can claim to be the other against what is in their birth certificates/the civil register. (Silverio vs. Republic)

7.

18) Payment of fees (Art. 19)

Irregularity: Any irregularity involving the duties of the Civil Registrar (Arts. 10, 24-25, 30); only makes for civil, criminal, or administrative liability

before the local civil registrar if there are no means of transportation. There must be an affidavit stating such circumstances (Art. 28 & 29) As provided in Art. 32 & 33 (see Solemnizing Officer)

Marriages Exempt From License Requirement Marriage ceremony No prescribed form or religious rite for the solemnization is required, JUST that the solemnization is made in public (except in cases in articulo mortis) and a personal declaration of both parties that they take each other as husband and wife is made. (Art. 6 & 8) Marriages among Muslims or among members of the ethnic cultural communities may be performed validly without a marriage license, provided they are solemnized in accordance with their customs, rites, or practices. (Art. 33) Marriages can be solemnized: - Anywhere other than In case either or both of the contracting parties are at the point of death, the marriage may be solemnized without necessity of a marriage license and shall remain valid even if the ailing party survives. The solemnizing officer must state in an affidavit to be sent to the local civil registrar of the municipality within 30 days that the marriage was performed in articulo mortis. (Arts. 27 & 29-30) If the residence of either party is so located that there is no means of transportation to enable such party to appear personally before the local civil registrar. The solemnizing officer must state in an affidavit to be sent to the local civil registrar of the municipality within 30 days that the residence(s) was so located. (Arts. 28 & 29-30) A marriage in articulo mortis between passengers or crew members on a ship or airplane, while at sea, in flight, or at ports of call. (Art. 31) A marriage in articulo mortis between members of the armed forces or civilians within the zone of military operation may be solemnized by a military commander in the absence of his units chaplain (Art. 32) Marriages among Muslims or members of the ethnic cultural communities may be performed without a marriage license provided they are solemnized in accordance with their customs, rites, or practices. (Art. 33) Those who have been living together as husband and wife for at least five years and without any legal

impediment to marry each other. The parties shall state this in an affidavit before a solemnizing officer, who will also state under oath that he ascertained the qualifications of the contracting parties and found no legal impediment. (Art. 34) Validity of Marriages Abroad General Rule (NCC 15 & 17) Special Rule in Marriage o All marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country (FC 26), except the following: Contracted by minors (FC 35, 1) Bigamous or polygamous marriages without a judicial declaration of presumptive death (FC 35, 4 & FC 41) Mistake of identity (FC 35, 5) Subsequent marriages that do not comply with the recording requirements of judgment of annulment/absolute nullity, partition and distribution of the properties of the spouses, and delivery of the childrens presumptive legitimes. (FC 35, 6, 53, & 52) Psychological incapacity (FC 36) Incestuous marriages (FC 37 & 38) o Either or both contracting parties who are citizens of a foreign country must submit a certificate of legal capacity to contract marriage issued by their respective diplomatic or consular officials in order to obtain a marriage license. Stateless persons or refugees from other countries need only submit an affidavit stating the circumstances showing such capacity to contract marriage. (FC 21) o Marriages between Filipino citizens abroad may be solemnized by a Filipino consul-general, consul, or vice-consul. The issuance of a 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. 10)

Void & Voidable Marriages Void Marriages o The action or defense for the declaration of absolute nullity of a marriage shall not prescribe, and its invocation is a requirement for purposes of remarriage. (FC 39 & 40, A.M. 02-11-10-SC, Sec. 2) o Only the husband or wife may file for absolute nullity of marriage. (A.M. 02-11-10-SC, Sec. 2) After the spouses die, the descendants or heirs may invoke nullity as long as they prove their material interest in the case. In all cases of annulment or declaration of absolute nullity of marriage, the Court shall order the prosecuting attorney or fiscal to appear on behalf of the State to take steps to prevent collusion between the parties and to take care that evidence is not fabricated or suppressed. (FC 48, 1) In such cases, no judgment shall be based upon a stipulation of facts or confession of judgment. (FC 48, 2) No motion to dismiss the petition shall be allowed except on the ground of lack of jurisdiction over the subject matter . Any other ground that may warrant dismissal of the case may ONLY be raised as an affirmative defense in the respondents answer. (A.M. 02-11-10-SC, Sec. 7) During pendency of the action and in the absence of adequate provisions in a written agreement between the spouses, the Court shall provide for the support of the spouses and the custody and support

of their common children from the properties of the absolute community or the conjugal partnership. After final judgment granting the petition, the obligation of mutual support between the spouses ceases. (FC 49 & 198) In case of separation of the parents, parental authority shall be exercised by the parent designated by the court, who shall take into account all relevant considerations, especially the choice of the child over seven years old, unless the parent chosen is unfit. No child under seven shall be separated from the mother unless the court finds compelling reasons to order otherwise. (FC 213) Effects of Final Judgment o The effects provided for in paragraphs 2-5 of FC 43 shall apply to marriages declared void ab initio (see Subsequent Marriage Upon Reappearance of Absent Spouse) (FC 50, 1) o The final judgment in such cases shall provide for the liquidation, partition, and distribution of the properties of the spouses, the custody and support of the common children, and delivery of their presumptive legitimes, unless such matters had been adjudicated in previous judicial proceedings. All creditors of the spouses as well as of the absolute community or the conjugal partnership shall be notified of the proceedings for liquidation. The conjugal dwelling and the lot on which it is situated shall be adjudicated in accordance with the provisions of FC 102 & 129 depending on which property regime applies (FC 50) o In the partition, the value of the presumptive legitimes of all common children, computed as of the date of the final judgment of the trial court shall be delivered in cash, property or sound securities, unless the parties,

o o

by mutual agreement judicially approved, had already provided for such matters. This shall in no way prejudice the ultimate successional rights of the children from the death of either or both of the parents, but the value of the properties received shall be considered advances on their legitime. The children, their guardian, or the trustee of their property may ask for the enforcement of the judgment. (FC 51) Children conceived or born before the judgment of annulment or absolute nullity of marriage under FC 36 or 53 shall be considered legitimate. (FC 54) Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in comformity with this Code. But illegitimate children may use the surname of their father they have been expressly recognized by their father through the record of birth appearing in the civil register, or when an admission in a public document or private handwritten instrument is made by the father. The father has the right to institute an action before the regular courts to prove non-filiation during his lifetime. (FC 176) The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child. (FC 176) To determine the legitime, the value of the property left at the death of the testator shall be considered, deducting all debts and charges, which shall not include those imposed in the will. The value of all donations by the testator that are subject to collation at the time he made them shall be added to the net value of the hereditary estate. (NCC 908) Every compulsory heir must bring into the mass of the estate any property or right which he may have received

from the decedent, during the lifetime of the latter, by way of donation, or any other gratuitous title, in order that it may be computed in the determination of the legitime of each heir and in the account of the partition. (NCC 1061) Upon entry of the judgment granting the petition, or, in case of appeal, upon receipt of the entry of judgment of the appellate court granting the petition, the Family Court, on motion of either party, shall proceed with the liquidation, partition and distribution of the properties of the spouses, including custody, support of common children and delivery of their presumptive legitimes pursuant to Articles 50 and 51 of the Family Code unless such matters had been adjudicated in previous judicial proceedings. (A.M. 02-11-10-SC, Sec. 21) Elements No legal capacity: - Minority even with the consent of parents/guardians (FC 35, 1) - Former spouses who did not comply with the recording requirements under FC 53. Other requisites: - Officer not authorized to solemnize marriage BUT is only voidable if contracting parties entered into it in good faith (FC 35, 2) - No marriage license except in cases covered by exemption (FC 35, 3, see

Kind of Void Marriage

Bigamous and polygamous marriages (FC 35, 4)

Absence of Essential or Formal Requisites (FC 4 & 35)

Subsequent marriage upon reappearance of absent spouse (FC 41)

Marriages Exempt From License Requirement) - No proxy marriages; declaration to take each other as husband and wife must be personal and is the most important part of the ceremony requisite (FC 3) - Without judicial declaration of presumptive death/absence after four consecutive years or two years in the cases provided under NCC 391: - A person on board a vessel lost at sea or an airplane which is missing (1) - A person in the armed forces who has taken part in war (2) - A person in danger of death under other circumstances (3) and a well-founded belief that the absent spouse was already dead. (FC 41) - If both spouses of the subsequent marriage acted in bad faith, that marriage shall be void ab initio. (FC 44) - The subsequent marriage entered into during the absence of a former spouse shall be automatically terminated by the recording of the affidavit of reappearance of the absent spouse, which is

a sworn statement of the fact and circumstances of reappearance shall be recorded in the local civil registry at the instance of any interested person, with due notice to the spouses of the subsequent marriage and without prejudice to the fact of reappearance being judicially determined in case of dispute. (Art. 42) If both spouses of the subsequent marriage acted in bad faith, that marriage shall be void ab initio. (FC 44)

Pertinent provision: The termination of the subsequent marriage shall produce the following effects (FC 43): - Children of the subsequent marriage conceived prior to its termination shall be considered legitimate and their custody and support in case of dispute shall be decided by the court - Absolute community of property or the conjugal partnership shall be dissolved and liquidated, but if either spouse contracted the marriage in bad faith, his or her share of the net profits of the

community or conjugal partnership property shall be forfeited in favor of 1) the common children, 2) children of the guilty spouse by a previous marriage if any, or 3) the innocent spouse Donations by reason of marriage shall remain valid except in cases where the done contracted the marriage in bad faith The innocent spouse may revoke the designation of the other spouse who acted in bad faith as beneficiary in any insurance policy even if the designation is irrevocable The spouse who contracted the marriage in bad faith shall be disqualified to inherit from the innocent spouse by testate and intestate succession. If a spouse without just cause abandons the other or fails to comply with his or her obligations to the family, the aggrieved spouse may petition the court for receivership, for judicial separation of property or for authority to be the sole administrator of the absolute community, subject to such precautionary

Psychological incapacity (FC 36)

conditions as the court may impose. (FC 101) - Legal separation may be filed against a spouse who makes an attempt on the others life. (FC 55, 9) - 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 (as defined by FC 68-73), shall likewise be void even if such incapacity becomes manifest only after its solemnization. (FC 36) - The psychological incapacity must be characterized by 1) gravity, 2) juridical antecedence, and 3) incurability (Santos vs. CA) Molina laid down the following rules of procedure for applying FC 36: - The burden of proof belongs to the plaintiff. - The root cause of psychological incapacity must be 1) medically or clinically identified, 2) alleged in the complaint, 3) sufficiently proven by experts, and 4) clearly

Incestuous marriages (FC 37) Marriages against public policy (FC 38) -

explained by the decision. The incapacity must be psychological to the extent that he could not have known the obligations he was assuming, and not physical even if its symptoms are physical. The incapacity must be proven to be existing at the time of celebration of the marriage. It does not need to be perceivable at that time, just that it was there. (Juridical antecedence) The incapacity must be shown to be incurable. The illness must be grave enough to bring about the disability to assume the essential obligations of marriage. The essential marital obligations must be those embraced by FC 68-71. Interpretations given by the National Appellate Matrimonial Tribunal of the Catholic Church in the Philippines must be given great respect, while not controlling or decisive. Ascendants and descendants Full- or half-blood siblings Legitimate/illegitimate collateral blood relatives

Non-compliance under FC 52 & 53

up to the fourth civil degree Step-parents and stepchildren Parents-in-law and children-in-law Adopting parent and adopting child Surviving spouse of adopting parent or child and adopting parent or adopted child Adopted child and legitimate child of adopter Adopted children of same adopter One who kills anothers spouse or his or her own spouse in order to marry another person The judgment of annulment or absolute nullity of the marriage, the partition and distribution 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. (FC 52) Either of the former spouses may marry again after complying with these requirements; otherwise, the subsequent marriage shall be null and void. (FC 53) The court shall issue the decree of absolute nullity

or annulment after 1) the entry of judgment granting the petition is registered, 2) the approved partition and distribution of the properties of the spouses are registered, and 3) the childrens presumptive legitimes in cash, property, or sound securities are delivered. (A.M. 02-1110-SC, Sec. 22)

Property Regime of Unions Without Marriage Art. 147 Capacitated to marry, but are not married or under a void marriage - Their wages and salaries shall be owned by them in equal shares. - In the absence of proof to the contrary, properties acquired while they lived together shall be presumed to have been obtained by their joint efforts, and shall be owned by them in equal shares. A party who did not participate in the acquisition by the other party of any property shall be deemed to have contributed jointly IF the formers efforts consisted in the care and maintenance of the family and household. - Neither party can encumber or dispose by acts inter vivos of his or her share in the property acquired during cohabitation and Art. 148 Not capacitated to marry and are not married or under a void marriage - Only properties acquired by both parties through actual joint contribution of money, property, or industry shall be owned by them in common in proportion to their respective contributions. - In the absence of proof to the contrary, their contributions, corresponding shares, joint deposits of money and evidences of credit are presumed to be equal. - If one of the parties is validly married to another, his or her share in the coownership shall accrue to the absolute community or conjugal partnership existing in such valid marriage. - If the party who acted in bad faith is

Qualifications

Property

owned in common, without the consent of the other until after the termination of their cohabitation. - When only one of the parties to a void marriage is in good faith, the share of the party in bad faith in the coownership shall be forfeited in favor of their common children, any respective surviving descendants if there is a default of or waiver by children, or to the innocent party in the absence of descendants. The forfeiture shall take place upon termination of the cohabitation.

not validly married to another, his or her share shall be forfeited in favor of their common children, any respective surviving descendants if there is a default of or waiver by children, or to the innocent party in the absence of descendants. The forfeiture shall take place upon the termination of the cohabitation.