(Articles 1 to 54 follows Prof. Ruben Balane's Outline) MARRIAGE Definition Tolentino: efinitions of Marria!e.

"" The term marriage has 2 distinct meanings. In one sense, it is limited to the procedure by w/c a man and a woman become husband and wife. In this concept, it is defined as "that act by which a man and a woman unite for life, with the intent to discharge towards society and one another those duties which result from the relation of husband and wife." In the second sense, marriage is a status involving duties and responsibilities w/c are no longer matter for private regulations, but the concern of the State. !s such, it is defined as "the civil status of one man and one woman, legally united for life, with rights and duties which, for the establishment of families and the multiplication of the species, are, from time to time may thereafter be, assigned by law to matrimony." "#alane $uoted Tolentino on the meaning of marriage.% Pur#oses of Marria!e."" In general: "&% reproduction, "2% education of the offspring, and "'% mutual help. The immediate purpose is the constitution of a complete and perfect community bet. 2 individuals of different se es( the remote purpose is the preservation of the human race. Art. 1. Marria!e is a s#ecial contract of #er$anent union between a $an an% a wo$an entere% into in accor%ance wit& law for t&e establis&$ent of con'u!al an% fa$il( life. It is t&e foun%ation of t&e fa$il( an% an in)iolable social institution w&ose nature* conse+uences* an% inci%ents are !o)erne% b( law an% not sub'ect to sti#ulation* e,ce#t t&at $arria!e settle$ents $a( fi, t&e #ro#ert( relations %urin! t&e $arria!e wit&in t&e li$its #ro)i%e% b( t&is -o%e. Tolentino: Marria!e a .ocial Institution."" )arriage is a contract only in form, but in essence it is an institution of public order, founded on custom and morality. It is a contract sui generis w/c cannot be compared to any other contract. -&aracteristics/ "&% It is civil in character, bec. it is established by the State independently of its religious aspect( "2% it is an institution of public order or policy, governed by rules established by law w/c cannot be made inoperative by the stipulation of the parties( "'% it is an institution of natural character, bec. one of its ob*ects is the satisfaction of the intimate sentiments and needs of human beings for the organic perpetuation of man. #alane: )arriage is a contract. !rt. +2, ,-- provides that ) is not a mere contract. !rt. &, .-, on the other hand provides that ) is a special contract. #oth emphasi/e that ) is not *ust a contract. Tolentino: ifferentiate% fro$ Or%inar( -ontracts/ "&% As to parties: 0rdinary contracts "1-% may be entered into by any no. of persons, whether of the same or different se , while marriage ")% can be entered into only by one man and one woman( "2% As to contractual rights and obligations: In 0-, the agreement of the parties have the force of law bet. them while in ), the law fi es the duties and rights of the parties( "'% As to termination: 0- can be terminated by mutual agreement of the parties, while ) cannot be so terminated( neither can it be terminated even though one of the parties subse$uently becomes incapable of performing his part( and "2% As to breach: #reach of 0- gives rise to an action for damages, while breach of the obligations of a husband or a wife does not give rise to such an action( the law provides penal and civil sanctions, such as prosecution for adultery or concubinage, and proc. for legal sep.( "+% As to effect: 0- do not create status, ) does. "no. + was added by #alane.%

#alane: 3uite logically, marriage is the starting point of any family relation bec. in our legal system, the family is the 4eystone of society, the basic unit of society. !nd marriage is the 4eystone of the family. This is a value *udgement. )arriage does not have to be the 4eystone of the family. #ut we choose it to be that way. )uch arguments have been raised regarding the status of children on the distinction of legitimate from illegitimate children. There are those who propose the abolition of the distinction as it is not the fault of the illegitimate child that he is such. #ut one of the uninentended conse$uence of abolishing the distinction is to erode the institution of marriage. !re we ready to ta4e that path5 Tolentino: Princi#al Effects of Marria!e/ "&% personal and economic relations bet. the sps., w/c become sources of impt. rights and duties( "2% the legitimacy of se ual union and of the family( "'% the personal and economic relations bet. parents and children, w/c gives rise to considerable rights and duties( "2% the family rel6p, from w/ flow various *uridical conse$uences, such as impediments to marriage, right to support, and rights to inheritance( "+% incapacity of the sps. to ma4e donations to each other( "7% dis$ualification of the sps. to testify against each other( "8% modification of crim. liab., such as by way of exemption when one spouse defends the other from unlawful aggression or is his accessory after the fact, or mitigation when the crime is committed in vindication of a grave offense to the spouse, or aggravation when the in*ured is the spouse of the offender, such as in parricide. -ontract to Marr(."" 9here parties mutually agree to marry each other at some future time, there is a contract to marry. It can be distinguished from an ordinary contract in that the promise of either party cannot be enforced by court action, bec. the consent to the actual marriage must be purely voluntary. Breac& of Pro$ise."" There is repudiation where before the time set for the performance of the marriage, one party declares that he will not carry it out, or refuses to further communicate w/ or maintain a suitor6s relation w/ the other party, or puts himself in a position where he cannot e ecute the contract, as when he marries another. a$a!es for Breac&."" :T;he action for breach of promise to marry has no standing in the civil law, apart from t he right to recover money or property advanced by the plaintiff upon the faith of such promise.< "De =esus v. Sy$uia, +> ? >77.% 9e believe that an action based purely on breach of the contract to marry, will not lie. It is true that she may suffer from wounded feelings and mental anguish, and these are recogni/ed as elements of moral damages under article 22&8( but before such damages can be recovered, there must first be a right of action, and there is no law granting a right of action on breach of contract to marry. @owever, we believe that if the action for damages is based on tort or $uasiAdelict, or on articles &B, 2&, or 22 of the present -ode, there would be a sufficient legal basis or right of action for damages. Effect of .e%uction."" :I;t is possible legally to base an action upon the carnal 4nowledge of the pltff. by the def., or upon the seduction, as a fact separate from the contract to marry. The promise to marry would only be the means of accomplishing the seduction. If the offended woman has been led to submit to carnal intercourse by the promise of marriage, she should be entitled to damages, not only on the basis of tort or $uasiAdelict, but under the provisions of art. 2&. The essence of the action would not be the breach of the contract, but the tortious or wrongful act or seduction accomplished through the deceitful promise. Abuse of ri!&t."" Cven when there has been no seduction, we believe that under art. &B, damages, may under certain circumstances, be recovered against a party who repudiates a contract to marry( but the basis of the action cannot be the mere breach of contract itself, but some act constituting an abuse of right. 0n'ust enric&$ent."" !nother legal basis in connection w/ a breach of contract to marry is art. 22 on un*ust enrichment. Difts to the person to whom the donor is engaged to be married are considered legally as conditional, and upon breach of the engagement by the donee, may be recovered by the donor. "see Domalagan v. #olifer, '' ? 28&.%

Oral A!ree$ent."" Ender &21' <an agreement made in consideration of marriage, other a mutual promise to marry,< shall be unenforceable by action, unless the same, or some note or memorandum thereof, be in writing, and subscribed the party sought to be charged. "Statute of .rauds.% It seems to us that the writing is not necessary in an action for damages for breach of a contract to marry. .irst, where the party who sues for damages has already given the consideration for the promise of the def., it is un*ust to deny the action on the plea of the Statute of .rauds. Second, the Statute should apply only when the action is to enforce the contract( but not when it is for damages for breach. Goitia ). -a$#os Rue%a :'+ ? 2+2; AA .: This is an action for support by D "wife% against F "husband%. !fter & mo. of marriage, F repeatedly demanded from D to perform <unchaste and lascivious acts on F6s genitals.< #ec. of D6s refusal, F maltreated D by word and deed, inflicting bodily in*uries on D. To escape F6s lewd designs and avoid further harm, D left the con*ugal home and too4 refuge in her parent6s house. D filed an action for support w/ the trial court. this was dismissed on the ground that F could not be compelled to give support if D lived outside of the con*ugal home, unless there was legal sep. D appealed. @CGD: )arriage is something more than a mere contract. It is a new relation, the rights, duties, and obligations of w/c rest not upon the agreement of the parties but upon the general law w/c defines and prescribes those rights, duties, and obligations. )arriage is an institution, in the maintenance of w/c in its purity the public is deeply interested. It is a relation for life and the parties cannot terminate it at any shorter period by virtue of any contract they may ma4e. The reciprocal rights arising from this relation, so long as it continues, are such as the law determines from time to time and none other. 9hen the legal e istence of the parties is merged into one by marriage, the new relation is regulated and controlled by the state or govt upon principles of public policy for the benefit of society as well as the parties. !nd when the ob*ect of a marriage is defeated by rendering its continuance intolerable to one of the parties and productive of no possible good to the community, relief in some way should be obtainable. The law provides that the @, who is obliged to support the wife, may fulfill this obligation either by paying her a fi ed pension or by maintaining her in his own home at his option. @owever, the option given by law is not absolute. The law will not permit the @ to evade or terminate his obligation to support his wife if the wife is driven away from the con*ugal home bec. of the @6s own wrongful acts. In this case, where the wife was forced to leave the con*ugal abode bec. of the lewd designs and physical assaults of the @, the 9 may claim support from the @ for separate maintenance even outside of the con*ugal home. I. RE10I.I2E. O3 A 4A5I MARRIAGE

#alane: There are two 4inds of re$uisites, the essential and the formal. There are three essential re$uisites: "&% legal capacity of the contracting parties, "2% consent freely given and "'% difference in se "other commentators opine that this third is already included in legal capacity.% 0n the other hand, there are also ' formal re$uisites: "&% authority of the solemni/ing officer, "2% a valid marriage license and "'% some form of cermeony. istinction."" Absence* efect* Irre!ularit( of Re+uisites/ "&% !bsence of a re$uisite, whether essential or formal, renders the ) void !bsence means a total want of a re$uisite. C.g., the total absence of a marriage license "absence of a formal re$uisite% w/c renders the ) void. "2% ! defect in the essential re$uisite ma4es the ) voidable C.g., where the consent of either party was vitiated by intimidation. "'% !n irregularity in the formal re$uisite does not affect the validity of the marriage but this is w/o pre*udice to the criminal, civil or administrative liab. of erring officials. C.g., where the marriage license was issued w/o complying w/ the &1Aday posting re$uirement. "!rt. &8, .-.%

&. Difference in Se "an essential re$uisite%AA !rticles 2 par. &, 2 par. &, 'B Art. 6. 7o $arria!e s&all be )ali%* unless t&ese essential re+uisites are #resent/ (1) 5e!al ca#acit( of t&e contractin! #arties w&o $ust be a $ale an% a fe$ale8 ,,, ,,, #alane: The phrase <who must be a male and a female< was not found in the ,--. Art. 4. 2&e absence of an( of t&e essential or for$al re+uisites s&all ren%er t&e $arria!e )oi% ab initio* e,ce#t as state% in Article 95 (6). ,,,

Art. 9:. 2&e action or %efense for t&e %eclaration of absolute nullit( of a $arria!e s&all not #rescribe. ,,, 2. Some .orm of -eremony "a formal re$uisite.%AA !rticles ' par. ', 2 par. &, 7 Art. 9. 2&e for$al re+uisites of $arria!e are/ ,,, (9) A $arria!e cere$on( w&ic& ta;es #lace wit& t&e a##earance of t&e contractin! #arties before t&e sole$ni<in! officer an% t&eir #ersonal %eclaration t&at t&e( ta;e eac& ot&er as &usban% an% wife in t&e #resence of not less t&an two witnesses of le!al a!e. Tolentino: -ere$on( of Marria!e."" The re$uirement of a marriage ceremony prevents the recognition in the ?hils. of what are 4nown as <common law marriages.< ! common law marriage is a present agreement bet. a man and a woman w/ capacity to enter into such rel6p, to ta4e ea. other as @ and 9, followed by cohabitation. Art. 4. 2&e absence of an( of t&e essential or for$al re+uisites s&all ren%er t&e $arria!e )oi% ab initio* e,ce#t as state% in Article 95 (6). ,,, Art. =. 7o #rescribe% for$ or reli!ious rite for t&e sole$ni<ation of t&e $arria!e is re+uire%. It s&all be necessar(* &owe)er for t&e contractin! #arties to a##ear #ersonall( before t&e sole$ni<in! officer an% %eclare in t&e #resence of not less t&an two witnesses of le!al a!e t&at t&e( ta;e eac& ot&er as &usban% an% wife. 2&is %eclaration s&all be containe% in t&e $arria!e certificate w&ic& s&all be si!ne% b( t&e contractin! #arties an% t&eir witnesses an% atteste% b( t&e sole$ni<in! officer. In case of a $arria!e in articulo mortis* w&en t&e #art( at t&e #oint of %eat& is unable to si!n t&e $arria!e certificate* it s&all be sufficient for one of t&e witnesses to t&e $arria!e to write t&e na$e of sai% #art(* w&ic& fact s&all be atteste% b( t&e sole$ni<in! officer. #alane: Re+uisites of so$e for$ of cere$on(/ "&% Personal appearance of the contracting parties in the presence of the solemnizing officer. This rules out pro y marriages. "2% The declaration that they declare in some manner that they ta e each other as ! " #. This provision is worded broadly. There is no set formula for the declaration, no particular words are re$uired. It does not even have to be oral provided that there is sufficient manifiestation of their will that they ta4e each other as @ H 9. "'% Presence of at least $ witnesses of legal age. Some say that the absence of this 'rd re$uisite renders the marriage void. 0thers say it is only an irregularity. Tolentino: It is not necessary to the validity of the marriage that the contracting parties should

recite precisely the words of the statute. mutual consent.

It is enough that the words employed evidence

3ailure to .i!n or Issue -ertificate."" The certificate is merely of evidentiary value, and failure to sign the same does not render the marriage a nullity. The consent can be proved by other competent evidence, such as the testimony of the solemni/ing officer, of the parties themselves, of the witnesses to the marriage, and of others present at the wedding. Martine< ). 2an :&2 ? 8'&; AA .: ?ltff. Fosalia )artine/ commenced this action for the cancellation of the cert. of marriage and for damages. ?ltff. claimed that what too4 place before the *ustice of the peace did not constitute a legal marriage under Den. 0rders ,o. 7>, Sec. 7, <,o particular form for the ceremony of marriage is re$uired, but the parties must declare, in the presence of the person solemni/ing the marriage, that they ta4e each other as husband and wife.< -.I found for def. @CGD: The parties addressed a signed petition to the *ustice of the peace stating that they had agreed to marry, and as4ing the *ustice of the peace to marry them. #efore the *ustice of the peace, they stated under oath that they ratified the contents of their petition and insisted on what they as4ed for. This statement was signed by them, in the presence of witnesses that they produced. ! certificate was then made out by the *ustice of the peace, signed by him and the witnesses, stating the parties had been married by him. #oth the parties 4new the contents of the document w/c they signed. Ender the circumstances, what too4 place before the *ustice of the peace amounted to a marriage. "not in #alane6s outline% Art. >. 2&e $arria!e s&all be sole$ni<e% #ublicl( in t&e c&a$bers of t&e 'u%!e or in o#en court* in t&e c&urc&* c&a#el or te$#le* or in t&e office of t&e consul"!eneral* consul or )ice"consul* as t&e case $a( be* an% not elsew&ere* e,ce#t in cases of $arria!es contracte% at t&e #oint of %eat& or in re$ote #laces in accor%ance wit& Article 6: of t&is -o%e* or w&ere bot& of t&e #arties re+uest t&e sole$ni<in! officer in writin! in w&ic& case t&e $arria!e $a( be sole$ni<e% at a &ouse or #lace %esi!nate% b( t&e$ in a sworn state$ent of t&at effect. SempioADy: This provision is only directory, not mandatory, so that nonAcompliance therewith will not invalidate the marriage. .A7 GABRIE5 4. .A7 GABRIE5 :+7 0.D. p. '+++ "&B71%; A The mere fact that the marriage too4 place on a Sunday also would not necessarily vitiate the marriage on the ground that it constitutes a violation of the re$uirement that the marriage shall be solemni/ed publicly in the office of the *udge in open court. '. Gegal -apacity "an essential re$uisite.%AA !rt. 2 par. & Art. 6. 7o $arria!e s&all be )ali%* unless t&ese essential re+uisites are #resent/ (1) 5e!al ca#acit( of t&e contractin! #arties w&o $ust be a $ale an% a fe$ale8 ,,, a. !ge.AA !rticles +, '+ par. &, 2+ par. &, 28 par. &, 'B Art. 5. An( $ale or fe$ale of t&e a!e of ei!&teen (ears or u#war%s not un%er an( of t&e i$#e%i$ents $entione% in Articles 9? an% 9>* $a( contract $arria!e. Tolentino: A!e of -onsent."" The age for each party provided in !rt. + is generally 4nown as the <age of consent.< for marriage. Cighteen yrs is the <age of consent< bec. below this age, a party to a marriage cannot give a binding valid consent. #alane: &> yrs. old is an absolute minimum.

Tolentino: A!e of 5e!al -a#acit(."" .or a perfect consent that would result in a valid binding marriage, the parties should be 2& yrs. of age. The age of 2& is, thus, the <age of legal capacity< to marry. Effect of Penal 5aw."" Ender !rt. '22, F?-, the marriage of the offender w/ the offended party shall e tinguish the criminal action or remit the penalty already imposed upon him. 3: If the victim of the crimes of rape, seduction, adbuction, and acts of lasciviousness happens to be a girl less than &> yrs. old, can she validly marry the offender5 !: 9e believe that she can. It is submitted that the circumstances contemplated by the F?- are of an e ceptional character, and shld be considered as an e ception to the provisions of the .- on the legal capacity to marry. If merely bec. she is below the age of consent she will not be permitted to marry the offender, then we will have the absurd case where the law gives a remedy w/ one and denies it w/ the other hand. Art. 95. 2&e followin! $arria!es s&all be )oi% fro$ t&e be!innin!/ (1) 2&ose contracte% b( an( #art( below ei!&teen (ears of a!e e)en wit& t&e consent of #arents or !uar%ians8 ,,, #alane: There is here an absolute absence of an essential re$uisite. Art. 45. A $arria!e $a( be annulle% for an( of t&e followin! causes* e,istin! at t&e ti$e of t&e $arria!e/ (1) 2&at t&e #art( in w&ose be&alf it is sou!&t to &a)e t&e $arria!e annulle% was 1> (ears of a!e or o)er but below 61* an% t&e $arria!e was sole$ni<e% wit&out t&e consent of t&e #arents* !uar%ian or #erson &a)in! substitute #arental aut&orit( o)er t&e #art(* in t&at or%er* unless after attainin! t&e a!e of 61* suc& #art( freel( co&abite% wit& t&e ot&er an% bot& li)e% to!et&er as &usban% an% wife8 ,,, Tolentino: @ant of Parental -onsent."" The law does not e pressly authori/e the parent whose consent is re$uired, to ratify the marriage. 9e believe that the ratification by the parent whose consent is wanting must be recogni/ed as sufficient to validate the marriage, provided such ratification is made before the party to the ) reaches 2& yrs. old. !rt. 28, par. & recogni/es the right of such parent to as4 for the ! of the ) bef. the child who has married w/o parental consent reaches the age of 2&. This right can be waived. #esides, if the nullity proceeds from the absence of consent, there is no *uridical reason why such defect cannot be cured by subse$uent confirmation. Art. 4?. 2&e action for annul$ent of $arria!e $ust be file% b( t&e followin! #ersons an% wit&in t&e #erio%s in%icate% &erein/ (1) 3or causes $entione% in nu$ber 1 of Article 45 b( t&e #art( w&ose #arent or !uar%ian %i% not !i)e &is or &er consent* wit&in fi)e (ears after attainin! t&e a!e of 618 or b( t&e #arent or !uar%ian or #erson &a)in! le!al c&ar!e of t&e $inor* at an( ti$e before suc& #art( reac&e% t&e a!e of 618 ,,, #alane: This 4ind of marriage can be ratified by cohabitation for a reasonable period of time after the minor reaches the age of 2&. @ere ratification can set in even before the prescription sets in. Art. 9:. 2&e action or %efense for t&e %eclaration of absolute nullit( of a $arria!e s&all not #rescribe. ,,, b. Felationship.AA !rticles '8, '> par. & to >, 'B Art. 9?. Marria!es between t&e followin! are incestuous an% )oi% fro$ t&e be!innin!* w&et&er t&e relations&i# between t&e #arties be le!iti$ate or ille!iti$ate/ (1) Between ascen%ants an% %escen%ants of an( %e!ree8 an%

(6) Between brot&ers an% sisters* w&et&er of t&e full or &alf bloo%. Art. 9>. 2&e followin! $arria!es s&all be )oi% fro$ t&e be!innin! for reasons of #ublic #olic(/ (1) Between collateral bloo% relati)es* w&et&er le!iti$ate or ille!iti$ate* u# to t&e fourt& ci)il %e!ree8 (6) Between ste#"#arents an% ste#"c&il%ren8 (9) Between #arents"in"law an% c&il%ren"in"law8 (4) Between t&e a%o#tin! #arent an% t&e a%o#te% c&il%8 (5) Between t&e sur)i)in! s#ouse of t&e a%o#tin! #arent an% t&e a%o#te% c&il%8 (=) Between t&e sur)i)in! s#ouse of t&e a%o#te% c&il% an% t&e a%o#ter8 (?) Between an a%o#te% c&il% an% a le!iti$ate c&il% of t&e a%o#ter8 (>) Between a%o#te% c&il%ren of t&e sa$e a%o#ter8 an% ,,, Tolentino: -ollateral Bloo% Relati)es."" )arriages bet. nephews and aunts, uncles and nieces, and first cousins are prohibited under par. "&%. This prohibition is based on scientific opinion as well as on public opinion. They are contrary to good morals. !lthough not conclusive, there is scientific and e pert opinion that, e cept in rare cases, children of first cousins suffer from organic defects, and in many instances are idiots, wea4Aminded, deaf, nearsighted, etc., in other words, their marriage tends to wea4en the race. Art. 9:. 2&e action or %efense for t&e %eclaration of absolute nullit( of a $arria!e s&all not #rescribe. ,,, c. ?rior )arriage.AA !rticles '+ par. 2, par. 7, 21, 2&, 22, 2', 22, +' H 'B #alane: There are ' 4inds of marriage that are void bec. of a prior marriage: &. ! bigamous or polygamous marriage, not falling under !rt. 2&. There are ' re$uisites under !rt. 2&: a. !bsence of the prior spouses for at least 2 consecutive yrs. or at least 2 consecutive yrs. if it falls under !rt. 'B&, ,--. b. The spouse present has a well%founded belief that the absent spouse was already dead. c. The institution by the spouse present of a summary proceeding of presumptive death of the absent spouse. ! declaration by the court of the presumptive death is of course re$uired. 2. In !rt. 21 where the marriage was contracted after a void ab initio marriage w/c has not been declared void by final *udgment. '. In !rt. +' in case of a subse$uent marriage w/c does not comply w/ the re$uirements of !rt. +2. In !rt. +2, you have to do ' things: a. =udgment of annulment or nullity of marriage must be registered in the appropriate registry. b. The registration of the partition and distribution of the properties of the spouses in the appropriate civil registry. c. The delivery of the common children6s presumptive legitime. Art. 95. 2&e followin! $arria!es s&all be )oi% fro$ t&e be!innin!/ ,,, (4) 2&ose bi!a$ous or #ol(!a$ous $arria!es not fallin! un%er Article 418 ,,,. (=) 2&ose subse+uent $arria!es t&at are )oi% un%er Article 59.

Art. 4A. 2&e absolute nullit( of a #re)ious $arria!e $a( be in)o;e% for #ur#oses of re$arria!e on t&e basis solel( of a final 'u%!$ent %eclarin! suc& #re)ious $arria!e )oi%. Tolentino: :.;or purposes of remarriage it would be necessary to such void ) to secure a final *udgement declaring it null and void from the beginning. 9/o such final *udgment, the previous void marriage would constitute an impediment to the remarriage, and a marriage license may be denied. This article applies only when a license is to be obtained for a subse$uent marriage. OMI7GO 4. -A :227 S-F! +82 "&BB'%; A A spouse may petition for the declaration of nullity of her marriage for a purpose other than her remarriage. .: Delia Domingo filed a pet. for decl. of nullity of her marriage w/ Foberto Domingo, on the ground that, un4nown to her, he was previously married at the time of their marriage. She prays that their marriage be declared null and void and, as a conse$uence, to declare that she is the e clusive owner of all properties she ac$uired during the marriage and to recover them from him. Foberto moved to dismiss the petition on the ground that the marriage being void ab initio, the petition for decl. of nullity is unnecessary citing ?eo. v. !ragon and ?eo. v. )endo/a. Foberto claims that decl of nullity is necessary under !rt. 21, .- only for the purpose of remarriage. The lower court denied the motion. -! affirmed the denial. @CGD: The Declaration of nullity of a marriage under !rt. 21 may be resorted to even for a purpose other than remarriage. -rucial to the proper interpretation of !rt. 21 is the position of the word <solely.< . !s it is placed, it is meant to $ualify <final *udgment.< @ad the provision been stated as follows: <The absolute nullity of a previous marriage may be invo4ed solely for purposes of remarriage...,< the word <solely< will $ualify <for purposes of remarriage< and the husband would have been correct. That !rt. 21 as finally formulated included the significant clause denotes that such final *udgment declaring the previous marriage void need not be obtained only for purposes of remarriage. A2IE7BA 4. BRI55A72E. :22' S-F! '2 "&BB+%; A .: This is an administrative complaint filed by !tien/a for Dross Immorality and !ppearance of Impropriety against =. #rillantes, ?residing =udge of )T-, )la. It was alleged in the complaint that #rillantes has been cohabiting w/ Iolanda De -astro "w/ whom !tien/a had 2 children% when he "#rillantes% was already married to one Jenaida 0ng4i4o w/ whom he has + children. Fesp. denies having been married to 0ng4i4o, although he admits having + children w/ her. @e alleges that while he and 0ng4i4o went through a marriage ceremony, the same was not valid for lac4 of marriage license. The second marriage bet. the two also lac4ed the re$uired license. @e claims that when he married De -astro in G!, -alifornia, he believed, in all D. and for all legal intents and purposes, that he was single bec. his first marriage was solemni/ed w/o a license. @CGD: Ender the .-, there must be a *udicial decl. of the nullity of a previous marriage bef. a party thereto can enter into a 2nd marriage. "!rt. 21.% !rt. 21 is applicable to remarriages entered into after the effectivity of the .- regardless of the date of the first marriage. Said art. is given <retroactive effect insofar as it does not pre*udice or impair vested or ac$uired rights in accordance w/ the ,-- or other laws.< "!rt. 2+7, .-.% This is particularly true w/ !rt. 21 w/c is a rule of procedure. Fesp. has not shown any vested right that was impaired by the application of !rt. 21 to his case. The fact that procedural statutes may somehow affect the litigants6 rights may not preclude their retroactive application to pending actions. The retroactive application of procedural laws is not violative of any right of a person who may feel that he is adversely affected. The reason is that as a general rule no vested right may attach to, nor arise from, procedural laws.

Art. 41. A $arria!e contracte% b( an( #erson %urin! t&e subsistence of a #re)ious $arria!e s&all be null an% )oi%* unless before t&e celebration of t&e subse+uent $arria!e* t&e #rior s#ouse &a% been absent for four consecuti)e (ears an% t&e s#ouse #resent &a% a well"foun%e% belief t&at t&e absent s#ouse was alrea%( %ea%. In case of %isa##earance w&ere t&ere is %an!er of %eat& un%er t&e circu$stances set fort& in t&e #ro)isions of Article 9:1 of t&e -i)il -o%e* an absence of onl( 6 (ears s&all be sufficient. 3or t&e #ur#ose of contractin! t&e subse+uent $arria!e un%er t&e #rece%in! #ara!ra#&* t&e s#ouse #resent $ust institute a su$$ar( #rocee%in! as #ro)i%e% in t&is -o%e for t&e %eclaration of #resu$#ti)e %eat& of t&e absentee* wit&out #re'u%ice to t&e effect of rea##earance of t&e absent s#ouse. Article 9:1. 2&e followin! s&all be #resu$e% %ea% for all #ur#oses* inclu%in! t&e %i)ision of t&e estate a$on! t&e &eirs/ (1) A #erson on boar% a )essel lost %urin! a sea )o(a!e* or an aero#lane w&ic& is $issin!* w&o &as not been &ear% of for four (ears since t&e loss of t&e )essel or aero#lane8 (6) A #erson in t&e ar$e% forces w&o &as ta;en #art in war* an% &as been $issin! for four (ears8 (9) A #erson w&o &as been in %an!er of %eat& un%er ot&er circu$stances an% &is e,istence &as not been ;nown for four (ears. Tolentino: The period was reduced in the .- to 2 years in the foregoing cases. REP0B5I- 4. 7O5A.-O :221 S-F! 21 "&BB'%; A The declaration of presumptive death under Art. &', () is available only for the purpose of remarriage. .: Dregorio ,olasco was a seaman. During one of the calls of his ship to Cngland, he met =anet )onica ?ar4er, a #ritish sub*ect. .rom that chance meeting, =anet lived w/ ,olasco on his ship for 7 mos. 9hen ,olasco6s contract e pired in &B71, =anet went w/ him in returning home to San =ose, !nti$ue. In =an. &B>2, ,olasco married =anet in -atholic sites in !nti$ue. !fter the marriage, ,olasco obtained another employment contract as a seaman, leaving his pregnant wife w/ his parents. Sometime, in &/>', while wor4ing overseas, ,olasco received a letter from his mother informing him that =anet had already given birth to his son. The letter also informed him that =anet left !nti$ue after giving birth. In >>, or + yrs. after the disappearance of =anet, ,olasco filed an action for the decl. of presumptive death of his wife =anet under !rt. 2&, .-, claiming that all his efforts to loo4 for her proved fruitless. The trial court granted the petition. -! affirmed the ruling. @ence this petition for review. @CGD: &. ! petition to declare an absent spouse presumptively dead may not be granted in the absence of any allegation that the spouse present will remarry. 2. There are 2 re$uisites for the declaration of presumptive death under !rt. 2&: &. That the absent spouse has been missing for 2 consecutive years, or 2 consecutive yrs. if the disappearance occurred where there is a danger of death under the circumstances laid down in !rt. 'B&. 2. That the spouse present wishes to remarry '. That the spouse present has a well%founded belief that the absentee is dead. 2. That the present spouse files a summary proceeding for the declaration of presumptive death of the absentee. The -ourt believes that resp. ,olasco failed to conduct a search for his missing wife w/ such diligence as to give rise to a <wellAfounded belief< that she is dead. The -ourt considers the investigation allegedly conducted by ,olasco in his attempt to ascertain the whereabouts of =anet as to s4etchy to form the basis of a reasonable or wellAfounded belief that she was already dead. .or instance, when he arrived in !nti$ue, instead of see4ing the help of local

authorities or of the #ritish Cmbassy, he secured another seaman6s contract and went to Gondon. 9e do not consider that wal4ing into a ma*or city w/ a simple hope of somehow bumping into one particular person there can be regarded as a reasonable diligent search. The -ourt also views ,olasco6s claim that =anet declined to give any info. as to her personal bac4ground even after marrying ,olasco as too convenient an e cuse to *ustify his failure to locate her. BIE74E7I O 4. -A :2'8 S-F! 787 "&BB2%; A #hen a man contracts a subse*uent marriage while the first marriage is subsisting, the second marriage as a general rule is void for being bigamous. !e who invo es that the second marriage is voidable for being an exception under Art. +, of the -)) has the burden of proving it. .: !urelio -amacho married -onse*a Kelasco in 622. In 672, w/o this marriage being dissolved, !urelio married Guisita -amacho in To4yo. In 678, !urelio met ,enita #ienvenido. !urelio courted and won her and they cohabited until !urelio6s death in 6>>. In 6>2, !urelio bought a house and lot. In the deed of sale and in the T-T in his name, he was described as single. In 6>2, he sold the said house and lot to ,enita. 9hen !urelio died, Guisita filed an action to annul the sale to ,enita alleging that it was in fraud of her as the legitimate wife of !urelio. ,enita opposed the action claiming that she was a buyer in D.. The trial court upheld the sale in favor of ,enita. The -! reversed. @ence, this petition for review. @CGD: There is no presumption that the marriage bet. !urelio and Guisita is valid. !s a general rule, under !rt. >', ,--, a subse$uent marriage contracted while the previous one is still subsisting is void. There are e ceptions to this rule but he who is invo4ing the e ception has the burden of proving the e istence of the conditions for the said e ception to arise. In the case at bar, the burden of proof was on Guisita to show that at the time of her marriage to !urelio, !urelio6s first wife had been absent for at least 8 yrs and that he had no news that she was alive. She failed to discharge this burden. 9hat applies, therefore, is the general rule . -onse$uently, there is no basis for holding that the prop. in $uestion was prop. of his con*ugal partnership bet. Guisita and !urelio bec. there was no partnership in the first place. Art. 46. 2&e subse+uent $arria!e referre% to in t&e #rece%in! Article s&all be auto$aticall( ter$inate% b( t&e recor%in! of t&e affi%a)it of rea##earance of t&e absent s#ouse* unless t&ere is a 'u%!$ent annullin! t&e #re)ious $arria!e or %eclarin! it )oi% ab initio. A sworn state$ent of t&e fact an% circu$stances of rea##earance s&all be recor%e% in t&e ci)il re!istr( of t&e resi%ence of t&e #arties to t&e subse+uent $arria!e at t&e instance of an( intereste% #erson* wit& %ue notice to t&e s#ouses of t&e subse+uent $arria!e an% wit&out #re'u%ice to t&e fact of rea##earance bein! 'u%iciall( %eter$ine% in case suc& fact is %is#ute%. #alane: )arriage under !rt. 2& is valid unless terminated under !rt. 22. ,otice that the law uses the term <terminated< and not annulled. This is bec. marriage under !rt. 2& is a good marriage. The effect of the affidavit of reappearance is that the subse$uent marriage is terminated unless it is *udicially challenged. Tolentino: If both parties to the subse$uent marriage acted in #. "4nowing that the absent spouse is alive%, the said marriage is void ab initio under !rt. 22. 3: If only one party has acted in #., is the ) valid5 !: If the spouse who contracted the 2nd ) 4new that in spite of the absence of his spouse for the period provided in 2& said absent spouse was alive, his 2nd ) shld be considered void as bigamous under '+"2%, bec. an essential element in 2& to ma4e it an e ception is wanting. If such present spouse has acted in D. and the declaration of presumptive death has been obtained, the #. of the 2nd spouse will not affect the validity of the ), but the provisions of 2' will operate against him, such as the revocation of donations by reason of ) made to him, of his designation as beneficiary in any insurance of the innocent spouse, and his

dis$ualification to inherit from the innocent spouse. @&en 7o Action 2a;en."" If the absentee reappears, but no step is ta4en to terminate the subse$uent ), either by affidavit or by court action, his mere reappearance, even if made 4nown to the spouses in the 2nd ), will not terminate such ). :I;t is incorrect to say that the first ) is dissolved by the celebration of the 2nd. It would be more accurate to say that since the 2nd ) has been contracted bec. of a presumption that the former spouse is dead, such presumption continues in spite of his physical reappearance, and by fiction of law, he must be regarded as legally an absentee, until the subse$uent ) is terminated as provided by law. The result of this is the suspension of the legal effects of ) as to him as long as the 2nd ) subsists. GOMEB 4. 5IPA7A :'> S 7&+ "&B+>%; A 9here a husband and his second wife from whom he concealed his first marriage, ac$uired properties during their marriage, the second marriage being void, is sub*ect to collateral attac4 in the intestate proceedings instituted by the *udicial administratri for the forfeiture of the husband6s share under !rticle &2&8, Spanish -ivil -ode "no longer in force% . <The legal situation arising from these facts is that while insofar as the second wife was concerned, she having acted in good faith, her marriage produced civil effects and gave rise, *ust the same, to the formation of the con*ugal partnership wherein she was entitled to an e$ual share upon dissolution.< The only =EST !,D C3EIT!#GC solution is to give oneAhalf of the properties to the second wife, and the other half to the con*ugal partnership of the first marriage. -O7.0EGRA 4. G.I. :'8 S '&+ "&B8&%; A 9here the husband designated his second family as beneficiaries of his life insurance policy, upon his death, both his first wife and second family share +1A+1 in the benefits. Since the first marriage has not been dissolved, his wife remains as his legal heir. !lthough the second marriage is presumed void, having been contracted during the subsistence of the first marriage, there is a need for a *udicial declaration of its nullity, which is no longer possible, the death of the husband having terminated the second con*ugal partnership of gains. #aviera: The court should not have applied Dome/ v. Gipana, since there is no provision in the -ivil -ode giving effect to a void marriage in good faith. PEOP5E 4. ME7 OBA :B+ S >2+ "&B+2%; A ! subse$uent marriage contracted by any person during the lifetime of his spouse is illegal and void from its performance, and no *udicial decree is necessary to establish its invalidity. ! prosecution for bigamy based on said void marriage will not lie. PEOP5E 4. ARAGO7 :&11 ? &1'' "&B+8%; A cited ?eople v. )endo/a #aviera: !s a defense in bigamy, there is no need for *udicial declaration of nullity of a void marriage( as far as determination of property relations is concerned, there is a need for such *udicial declaration for purposes of remarriage. Art. 49. 2&e ter$ination of t&e subse+uent $arria!e referre% to in t&e #rece%in! Article s&all #ro%uce t&e followin! effects/ (1) 2&e c&il%ren of t&e subse+uent $arria!e concei)e% #rior to its ter$ination s&all be consi%ere% le!iti$ate* an% t&eir custo%( an% su##ort in case of %is#ute s&all be %eci%e% b( t&e court in a #ro#er #rocee%in!8 (6) 2&e absolute co$$unit( of #ro#ert( or t&e con'u!al #artners&i#* as t&e case $a( be* s&all be %issol)e% an% li+ui%ate%* but if eit&er s#ouse contracte% sai% $arria!e in ba% fait&* &is or &er s&are of t&e net #rofits of t&e co$$unit( #ro#ert( or con'u!al #artners&i# #ro#ert( s&all be forfeite% in fa)or of t&e co$$on c&il%ren or* if t&ere are none* t&e c&il%ren of t&e !uilt( s#ouse b( a #re)ious $arria!e or* in %efault of c&il%ren* t&e innocent s#ouse8 (9) onations b( reason of $arria!e s&all re$ain )ali%* e,ce#t t&at if t&e %onee contracte% t&e $arria!e in ba% fait&* suc& %onations $a%e to sai% %onee are

re)o;e% b( o#eration of law8 (4) 2&e innocent s#ouse $a( re)o;e t&e %esi!nation of t&e ot&er s#ouse w&o acte% in ba% fait& as beneficiar( in an( insurance #olic(* e)en if suc& %esi!nation be sti#ulate% as irre)ocable8 an% (5) 2&e s#ouse w&o contracte% t&e subse+uent $arria!e in ba% fait& s&all be %is+ualifie% to in&erit fro$ t&e innocent s#ouse b( testate an% intestate succession. Art. 44. If bot& s#ouses of t&e subse+uent $arria!e acte% in ba% fait&* sai% $arria!e s&all be )oi% ab initio an% all %onations b( reason of $arria!e an% testa$entar( %is#ositions $a%e b( one in fa)or of t&e ot&er are re)o;e% b( o#eration of law. Tolentino: If the subse$uent marriage is not terminated by the subse$uent reappearance or by *udicial declaration, but by death, do these effects arise5 !: It is submitted that generally if a subse$uent ) is dissolved by the death of either spouse, the effects of dissolution of valid ) shall arise. The D. or #. of either spouse can no longer be raised, bec., as in annullable or voidable ), the ) cannot be $uestioned e cept in a direct action for annulment. #ut if both parties acted in #., under 22, the ) is void ab initio. In such case, the validity of the ) can be attac4ed collaterally at any time, and the effects provided on 22 can be applied even if the dissolution is by death of one of the spouses. Art. 59. Eit&er of t&e for$er s#ouses $a( $arr( a!ain after co$#l(in! wit& t&e re+uire$ents of t&e i$$e%iatel( #rece%in! Article8 ot&erwise* t&e subse+uent $arria!e s&all be null an% )oi%. Art. 56. 2&e 'u%!$ent of annul$ent or of absolute nullit( of t&e $arria!e* t&e #artition an% %istribution of t&e #ro#erties of t&e s#ouses* an% t&e %eli)er( of t&e c&il%ren's #resu$#ti)e le!iti$es s&all be recor%e% in t&e a##ro#riate ci)il re!istr( an% re!istries of #ro#ert(8 ot&erwise* t&e sa$e s&all not affect t&ir% #ersons. Art. 9:. 2&e action or %efense for t&e %eclaration of absolute nullit( of a $arria!e s&all not #rescribe. ,,, d. -rime.AA !rticles '> par. B, 'B Art. 9>. 2&e followin! $arria!es s&all be )oi% fro$ t&e be!innin! for reasons of #ublic #olic(/ ,,, (:) Between #arties w&ere one* wit& t&e intention to $arr( t&e ot&er* ;ille% t&at ot&er #erson's s#ouse* or &is or &er own s#ouse. #alane: !rt. '> "B% used to be !rt. >1 "7% of the ,--. Two changes were made: "&% the 4illing must be w/ the intention to marry the other( "2% conviction is not re$uired, a preponderance of evidence being sufficient. Tolentino: Cillin! of .#ouse."" It is submitted that a criminal conviction for the 4illing is not necessary to render the marriage void under the .-. The removal of the re$uirement by the .- must be ta4en as deliberate. Art. 9:. 2&e action or %efense for t&e %eclaration of absolute nullit( of a $arria!e s&all not #rescribe. ,,, e. ?hysical capability.AA !rticles 2+ par. +, 28 par. + Art. 45. A $arria!e $a( be annulle% for an( of t&e followin! causes* e,istin! at t&e ti$e of t&e $arria!e/

,,, (5) 2&at eit&er #art( was #&(sicall( inca#able of consu$$atin! t&e $arria!e wit& t&e ot&er* an% suc& inca#acit( continues an% a##ears to be incurable8 ,,, ,,, #alane: P&(sical Inca#acit(/ Fe$uisites: "&% The incapacity e ists at the time of the celebration of the )( "2% Such incapacity must be permanent "it continues to the time when the case for annulment is being tried% and incurable ( "'% It must be un4nown to the other contracting party( "2% the other spouse must not himself/ herself be impotent. This 4ind of marriage cannot be ratified by ratification. Tolentino: The physical incapacity referred to by the law as a ground for ! of ), is impotence :impotentia copulandi. coeundi as distinguished from impotentia generandi "sterility%;, or that physical condition of the @ or the 9 in w/c se ual intercourse w/ a normal person of the opposite se is impossible. Impotence refers to lac4 of power to copulate, the absence of the functional capacity for the se ual act. The defect must be lasting to be a ground for annulment. The test of impotence is not the capacity to reproduce, but the capacity to copulate. "Sarao v. Dueverra.% The refusal of the wife to be e amined does not create the presumption of her impotency bec. .ilipino girls are inherently shy and bashful. The trial court must order the physical e amination of the girl, bec. w/o proof of impotency, she is presumed to be potent. To order her to submit to a physical e amination does not infringe on her constitutional right against selfAincrimination "SempioADy citing =imene/ v. -ani/ares, !ug. '&, &B71.% 2riennial -o&abitation."" This doctine provides that if the wife be a virgin and apt after ' yrs. of cohabitation, the @ will be presumed to be impotent, and the burden will be upon him to overcome the presumption and does not prevent impotency to be proved by another proper evidence. #alane: Some commentators say that this is disputable presumption is applicable in our *urisdiction. Tolentino: Action Barre%."" The action on this ground is barred in the following cases: "&% If the other party had 4nowledge of the incurable impotence bef. the ), bec. this would imply that he renounces copulation, w/c is a personal right( "2% If both spouses are impotent, and such impotence e isted bef. the ), continues, and appears incurable, bec. in this case an impotent pltff could not have e pected copulation w/ the other spouse. Art. 4?. 2&e action for annul$ent of $arria!e $ust be file% b( t&e followin! #ersons an% wit&in t&e #erio%s in%icate% &erein/ ,,, (5) 3or causes $entione% in nu$bers 5 an% = of Article 45* b( t&e in'ure% #art(* wit&in fi)e (ears after t&e $arria!e. f. ?sychological Incapacity.AA !rticles '7, 'B Art. 9=. A $arria!e contracte% b( an( #art( w&o* at t&e ti$e of t&e celebration* was #s(c&olo!icall( inca#acitate% to co$#l( wit& t&e essential $arital obli!ations of $arria!e* s&all li;ewise be )oi% e)en if suc& inca#acit( beco$es $anifest onl( after its sole$ni<ation. (As a$en%e% b( E.O. 7o. 66?) SempioADy: Pro)ision is 2a;en fro$ -anon 5aw."" ?ar. ' of -an &1B+ of the ,ew -ode of -anon Gaw provides that: "Matrimonial Consent 2&e followin! are inca#able of contractin! $arria!e/ ,,, ,,,

9. 2&ose w&o* because of causes of a #s(c&olo!ical nature* are unable to assu$e t&e essential obli!ations of $arria!e. The -ommittee decided to adopt par. ' of the ,ew -ode of -anon Gaw as a ground for the declaration of nullity of marriage for the following reasons: "&% !s a substitute for divorce( "2% !s a solution to the problem of -hurchAannulled marriages( "'% !s an additional remedy to parties who are imprisoned by a marriage that e ists in name only as they have long separated bec. of the inability of one of them to perform the essential obligations of marriage. Ps(c&olo!ical Inca#acit( istin!uis&e% fro$ 4ice of -onsent."" ?sychological incapacity is not a $uestion of defective consent but a $uestion of fulfillment of a valid consent. Ps(c&olo!ical Inca#acit( istin!uis&e% fro$ Insanit(."" )ental incapacity or insanity of some 4ind, li4e physical incapacity, is a vice of consent, while psychological incapacity is not a species of vice of consent. 1/ @&( @ere 7o E,a$#les of Ps(c&olo!ical Inca#acit( Gi)en in t&is ArticleD !: The -ommittee did not give any e amples of psychological incapacity for fear that the giving of e amples would limit the applicability of the provisions under the principle of e/usdem generis. Father, the -ommittee would li4e the *udge to interpret the provision on a caseAtoAcase basis, guided by e perience, the findings of e perts and researchers in psychological disciplines, and by decisions of -hurch tribunals w/c, although not binding on the civil courts, may be given persuasive effect since the provision was ta4en from -anon Gaw. 1/ Is t&e Ps(c&olo!icall( Inca#acitate% Person is+ualifie% fro$ Marr(in! A!ainD !: The -ommittee believes that there is no need to dis$ualify the psychologically incapacitated from contracting another marriage bec. the fact of his psychological incapacity for marriage would be revealed anyway when he applies for a marriage licence for the 2nd marriage, and the other party is thus placed on guard to conduct discreet investigation about the matter. General -&aracteristics of ter$ EPs(c&olo!ical Inca#acit(E/ It must e hibit gravity, antecedence and incurability: "&% 0ravity, if the sub*ect cannot carry out the normal and ordinary duties of marriage and family shouldered by any average couple e isting under ordinary circumstances of life and wor4( "2% antecedence, if the roots of the trouble can be traced to the history of the sub*ect before the marriage although its overt manifestation appear only after the wedding( and "'% incurability, if treatments re$uired e ceed the ordinary means of the sub*ect, or involve time and e pense beyond the reach of the sub*ect. 1/ @&o can 3ile t&e Action to eclare t&e Marria!e 4oi%D !: Cither party, i.e., even the psychologically incapacitated can file the action. 1/ @&at is t&e .tatus of t&e -&il%ren un%er t&is ArticleD !: The children conceived or born before the decree of nullity of marriage are considered legitimate "!rt. +2.% .A72O. 4. -A :221 S-F! 21 "&BB+%; A 1eaning of "psychological incapacity" confined to the most serious cases of personality disorders demonstrative of insensitivity or inability to give meaning and significance to the marriage. .: 0n B/21/>7, Geouel Santos and =ulia Fosario #edia e changed vows bef. a mun. trial *udge of Iloilo -ity. They lived w/ the wife6s parents. 0ne yr. later, a child was born of their marriage. 3uarrels marred the marriage bec. of fre$uent interference by =ulia6s parents. 0n +/&>/>>, =ulia left for the ES to wor4 as a nurse despite Geouel6s pleas. .or the first time in 8 mos. =ulia called him up by long distance promising to return home once her contract e pires in &/>B. She never did. 9hen Geouel was in the ES in &BB1 to undergo a training program under the auspices of the !.?, he tried to locate =ulia, but to no avail. @ence this action in ,egros 0riental, under !rt. '7, .-. Summons was served by publication. =ulia opposed the complaint, claiming it was Geouel who had been irresponsible and incompetent. #ut she filed a manifestation stating she would neither appear nor submit evidence. .rom an order of the

lower court dismissing the complaint for lac4 of merit, and the -! affirming said order, Geouel filed this petition for certiorari. @CGD: It shld be obvious, loo4ing at all the dis$uisitions, including, and most importantly, the deliberations of the .- Fevision -ommittee itself, that the use of the phrase <psychological incapacity< in !rt. '7 has not been meant to comprehend all such possible cases of pscyhoses as, li4ewise mentioned by some ecclesiastical authorities, e tremely law intelligence, immaturity, and li4e circumstances. !rt. '7 cannot be ta4en and construed independently of, but must stand in con*unction w/, e isting precepts in our marriage law. Thus correlated, psychological incapacity should refer to no less than a mental 2not physical3 incapacity that causes a party to be truly incognitive of the basic marital covenants that concomitantly must be assumed and discharged by the parties to the marriage w., as so expressed by Art. 4+, () include their mutual obligations to live together, observe love, respect and fidelity and render help and support. "#alane: This is a tentative definition of psychological incapacity.% There is hardly any doubt that the intendment of the law has been to confine the meaning of "psychological incapacity" to the most serious cases of personality disorders clearly demonstrative of an utter insensitivity or inability to give meaning and significance to the marriage. This psychologic condition must e ist at the time the marriage is celebrated. . Art. 9:. 2&e action or %efense for t&e %eclaration of absolute nullit( of a $arria!e s&all not #rescribe. Fowe)er* in t&e case of $arria!es celebrate% before t&e effecti)it( of t&is -o%e an% fallin! un%er Article 9=* suc& action or %efense s&all #rescribe in 1A (ears after t&is -o%e s&all &a)e ta;en effect. (As a$en%e% b( E.O. 7o. 66?) Tolentino: Retroacti)it( of Art. 9=."" #y providing for a &1Ayr prescriptive period for marriages of this nature solemni/ed bef. the effectivity of the .-, the latter has actually given a retroactive effect to the present article. 9e submit that this is a *uridical mista4e. It is li4e an e post facto provision translated into the filed of civil law. It contravenes the provisions of !rt. 2++ w/c allows retroactivity of the .- provisions only when it does not impair or pre*udice vested or ac$uired rights. g. Disease.AA !rticles 2+ par. 7, 28 par. + Art. 45. A $arria!e $a( be annulle% for an( of t&e followin! causes* e,istin! at t&e ti$e of t&e $arria!e/ ,,, (=) 2&at eit&er #art( was afflicte% wit& a se,uall("trans$issible %iseases foun% to be serious an% a##ears to be incurable. #alane: .e,uall("2rans$issible isease."" Its re$uisites are: "&% The disease must be se ually transmisible( "2% The disease is found to be serious( "'% It must be apparently incurable( "2% The STD must e ist at the time of the )( "+% It was un4nown to the other party when the ) was solemni/ed( and "7% the other party must himself/ herself be free from STD. ! marriage were either party was afflicted w/ STD may not be ratified by cohabitation. -ohabitation here may be suicidal. Ta4e note that there are two voidable marriages that cannot be ratified by ratification: "&% voidable marriage bec. of impotence "here, there will be contradiction in terms( how can you cohabit if you are impotent5%( "2% voidable marriage bec. of STD. Tolentino: The reason for this cause for ! is the danger to the health of the other spouse and offsprings, giving rise to possibility of avoidance of se ual relations, and the failure to attain one of the purpose of ), that is, the procreation of children and raising of a family. Art. 4?. 2&e action for annul$ent of $arria!e $ust be file% b( t&e followin! #ersons an% wit&in t&e #erio%s in%icate% &erein/ ,,, (5) 3or causes $entione% in nu$bers 5 an% = of Article 45* b( t&e in'ure%

#art(* wit&in fi)e (ears after t&e $arria!e. 2. -onsent "an essential re$uisite%.AA !rt. 2 par. 2 Art. 6. 7o $arria!e s&all be )ali%* unless t&ese essential re+uisites are #resent/ ,,, (1) -onsent freel( !i)en in t&e #resence of t&e sole$ni<in! officer. Tolentino: Mutual -onsent."" Such consent must be real, in the sense that it is not vitiated by mista4e, duress, or fraud. It must also be conscious or intelligent. Effect of Mista;e."" )ista4e as to the nature and legal conse$uences of the ceremony or as to the identity or the person of one of the parties, renders the marriage void for lac4 of consent :see !rt. '+"+%.; #ut a marriage is not invalidated by mista4e as to ran4, fortune, character or health, of one of the parties. a. Insanity.AA !rticles 2+ par. 2, 28 par. 2 Art. 45. A $arria!e $a( be annulle% for an( of t&e followin! causes* e,istin! at t&e ti$e of t&e $arria!e/ ,,, (6) 2&at eit&er #art( was of unsoun% $in%* unless suc& #art( after co$in! to reason* freel( co&abite% wit& t&e ot&er as &usban% an% wife8 ,,, Part( of 0nsoun% Min%."" The test of unsoundness of mind is w/n the party at the time of the ) was capable of understanding the nature and conse$uences of the ). Insanity must e ist at the time of the ), to avoid it. Somnambulism has the same effect as insanity. "Sanche/ Foman.% Bur%en of Proof."" The presumption of the law is generally in favor of sanity, and he who alleges the insanity of another has the burden of proving it. #ut once general insanity is proved to e ist, it is presumed to continue( and if a recovery or a lucid interval is alleged, the burden to prove such allegation is on the person ma4ing it. Ratification."" This !rt., in par. 2, gives the right of action to annul to the insane spouse and provides for ratification after regaining reason. ,o right of action is given to the sane spouse( this is based on the assumption that he 4new of the insanity of the other party and is placed in estoppel. #ut if he did not 4now of such insanity at the time of the ), he is given a right of action under !rt. 28, par. 2, at any time before the death of the insane spouse. Art. 4?. 2&e action for annul$ent of $arria!e $ust be file% b( t&e followin! #ersons an% wit&in t&e #erio%s in%icate% &erein/ ,,, (6) 3or causes $entione% in nu$ber 6 of Article 45* b( t&e sane s#ouse* w&o &a% no ;nowle%!e of t&e ot&er's insanit( or b( an( relati)e or !uar%ian or #erson &a)in! le!al c&ar!e of t&e insane at an( ti$e before t&e %eat& of eit&er #art(* or b( t&e insane s#ouse %urin! a luci% inter)al or after re!ainin! sanit(8 ,,, Tolentino: 9here the sane spouse 4new of the insanity of the other, he is estopped to see4 annulment where he has lived w/ the wife claimed to have been insane for several years and children have been born to them. b. .raud.AA !rticles 2+ par. ', 27, 28 par. ' Art. 45. A $arria!e $a( be annulle% for an( of t&e followin! causes* e,istin! at t&e ti$e of t&e $arria!e/ ,,,

(9) 2&at t&e consent of eit&er #art( was obtaine% b( frau%* unless suc& #art( afterwar%s* wit& full ;nowle%!e of t&e facts constitutin! t&e frau%* freel( co&abite% wit& t&e ot&er as &usban% an% wife8 ,,, Toleration: Marria!e t&rou!& 3rau%."" The .- limits the cases w/c would constitute fraud sufficient for annulment of ) to those enumerated in !rt. 27. #ec. of the enumeration, w/c must be considered as restrictive, no other case of fraud may be admitted. Art. 4=. An( of t&e followin! circu$stances s&all constitute frau% referre% to in 7u$ber 9 of t&e #rece%in! Article/ (1) 7on"%isclosure of a #re)ious con)iction b( final 'u%!$ent of t&e ot&er #art( of a cri$e in)ol)in! $oral tur#itu%e8 (6) -onceal$ent b( t&e wife of t&e fact t&at at t&e ti$e of t&e $arria!e* s&e was #re!nant b( a $an ot&er t&an &er &usban%8 (9) -onceal$ent of se,uall( trans$issible %isease* re!ar%less of its nature* e,istin! at t&e ti$e of t&e $arria!e8 or (4) -onceal$ent of %ru! a%%iction* &abitual alco&olis$ or &o$ose,ualit( or lesbianis$ e,istin! at t&e ti$e of t&e $arria!e. 7o ot&er $isre#resentation or %eceit as to c&aracter* &ealt&* ran;* fortune or c&astit( s&all constitute suc& frau% as will !i)e !roun%s for action for t&e annul$ent of $arria!e. Tolentino: -on)iction of -ri$e/ Fe$uisites: "&% The crime involves moral turpitude and "2% There has been a conviction. #alane: To find what crimes involve moral turpitude, you go by decisions of the S-. -rimes against property are generally considered crimes of moral turpitude. Tolentino: -onceal$ent of Pre!nanc(."" 9here a man has had se ual intercourse w/ his wife before the ), and she is pregnant at the time of ), although he may not be the author of the pregnancy, the ) will not be annulled. This is based on the theory that there is no fraud, bec. the man 4nows his wife to be unchaste, as he was himself a party to her premarital immorality. -onceal$ent of iseases."" -ompared w/ !rt. 2+ "7%: "&% Ender 2+ "7%, a STD is an independent cause for annulment. Ender 27, concealment of a STD constitutes fraud under par. '. "2% Ender 2+ "7%, the STD e isting at the time of the ) must be found to be serious and appear to be incurable. Ender !rt. 27 "'%, the STD need not be serious or incurable. To be aground for !, it must have been <concealed< by the sic4 party. It is the fraud that is the ground for !. This difference has a very impt. conse$uence. If the disease falls under !rt 2+ "7%, the ) is not sub*ect to ratification by continued cohabitation. If the disease falls under !rt. 27 "'%, the ground for ! is fraud, and the ) is ratified under par. ' of !rt. 2+, if the spouse who is well, after 4nowing of the disease of the other, continues to cohabit w/ him or her as @ H 9. Effect of -ure."" The recovery or rehabilitation will not bar the action. The defect of the ) is not the disease, addiction or alcoholism itself but the fraud w/c vitiated the consent of the other party. #alane: Fo$ose,ualit(."" homose ual. Se ual orientation is not enough. 0ne has to be a practicing

B0--A2 4. B0--A2 :82 ? &B; A #here the wife was already 5 months pregnant, the petition to annul the marriage on the ground of fraud was denied. 9here there has been no misrepresentation or fraud, that is, when the husband at the time of the marriage 4new that the wife was pregnant, the marriage cannot be annulled. @ere, the child was born less than ' months after the celebration of the marriage. 9e refuse to

annul the marriage for the reason that the woman was at an advance stage of pregnancy at the time of the marriage and such condition must have been patent to the husband. A7AGA 4. PA5AROA7 :'7 S B8; A .: !urora !naya prayed for the annulment of her marriage w/ .ernando ?alaraon on the ground of fraud in obtaining her consentAA having learned that several mos. prior to their marriage, .ernando had preAmarital relationship w/ a close relative of his. !ccording to her the <nonAdivulgement to her of such preAmarital secret< constituted fraud in obtaining her consent w/in the contemplation of no. 2 of !rt. >+, ,--. @CGD: The nonAdisclosure to a wife by her husband of his preAmarital relationship w/ another woman is not a ground for annulment of marriage. .or fraud as a vice of consent in marriage, w/c may be a cause for its annulment, comes under !rt. >+, ,o. 2 of the ,-. This fraud, as vice of consent, is limited e clusively by law to those 4inds or species of fraud enumerated in !rt. >7 . The intention of -ongress to confine the circumstances that can constitute fraud as ground for annulment of marriage to the ' cases therein may be deduced from the fact that, of all the causes of nullity enumerated in !rt. >+, fraud is the only one given special treatment in a subse$uent article w/in the chapter on void and voidable marriages. It its intention were otherwise, -ongress would have stopped at !rt. >+, for anyway, fraud in general is already mentioned therein as a cause for annulment. . #!KICF! -!SCS: HIME7EB 4. -A7IBARE. :&1B ? 28' "&B71%; A 9here the husband filed a complaint for annulment of marriage on the ground of physical incapacity of his wife for copulation, her genitals being too small for penetration, the sole testimony of the husband as to the incapacity of his wife is not sufficient basis for annulment. The presumption is in favor of potency. @ence, the court ordered the wife to submit to a physical e amination. ! physical e amination in this case is not selfA incriminating, since she is not being charged of any crime. PA05I7O 4. -R0B :2 -.!. Fep &218 "&B7'%; A ! marriage may be annulled even after one of the spouses has been convicted of adultery in violation of that marriage. Art. 4?. 2&e action for annul$ent of $arria!e $ust be file% b( t&e followin! #ersons an% wit&in t&e #erio%s in%icate% &erein/ ,,, (9) 3or causes $entione% in nu$ber 9 of Article 45* b( t&e in'ure% #art(* wit&in fi)e (ears after %isco)er( of t&e frau%8 #alane: This 4ind of marriage can be ratified by cohabitation for a reasonable period w/ may set in even before the +Ayr. prescriptive period has e pired. c. .orce, Intimidation, Endue Influence.AA !rticles 2+ par. 2, 28 par. 2 Art. 45. A $arria!e $a( be annulle% for an( of t&e followin! causes* e,istin! at t&e ti$e of t&e $arria!e/ ,,, (4) 2&at t&e consent of eit&er #art( was obtaine% b( force* inti$i%ation or un%ue influence* unless t&e sa$e &a)in! %isa##eare% or cease%* suc& #art( t&ereafter freel( co&abite% wit& t&e ot&er as &usban% an% wife8 ,,, 3orce* Inti$i%ation an% 0n%ue Influence."" The definitions of <violence,< <intimidation,< and <undue influence< are found in !rts. &''+ to &''8 of the ,-Art. 1995. 2&ere is )iolence w&en in or%er to wrest consent* serious or irresistible force is e$#lo(e%. 2&ere is inti$i%ation w&en one of t&e contractin! #arties is co$#elle% b( a reasonable an% well"!roun%e% fear of an i$$inent an% !ra)e e)il u#on &is #erson or #ro#ert(* or u#on t&e #erson or #ro#ert( of &is s#ouse* %escen%ants or ascen%ants* to !i)e &is consent.

2o %eter$ine t&e %e!ree of inti$i%ation* t&e a!e* se, an% con%ition of t&e #erson s&all be borne in $in%. A t&reat to enforce one's clai$ t&rou!& co$#etent aut&orit(* if t&e clai$ is 'ust or le!al* %oes not )itiate consent. Art. 199=. 4iolence or inti$i%ation s&all annul t&e obli!ation* alt&ou!& it $a( &a)e been e$#lo(e% b( a t&ir% #erson w&o %i% not ta;e #art in t&e contract. Art. 199?. 2&ere is un%ue influence w&en a #erson ta;es i$#ro#er a%)anta!e of &is #ower o)er t&e will of anot&er* %e#ri)in! t&e latter of a reasonable free%o$ of c&oice. 2&e followin! circu$stances s&all be consi%ere%/ t&e confi%ential* fa$il(* s#iritual an% ot&er relations between t&e #arties* or t&e fact t&at t&e #erson alle!e% to &a)e been un%ul( influence% was sufferin! fro$ $ental wea;ness* or was i!norant or in financial %istress. Art. 4?. 2&e action for annul$ent of $arria!e $ust be file% b( t&e followin! #ersons an% wit&in t&e #erio%s in%icate% &erein/ ,,, (4) 3or causes $entione% in nu$ber 4 of Article 45* b( t&e in'ure% #art(* wit&in fi)e (ears fro$ t&e ti$e t&e force* inti$i%ation or un%ue influence %isa##eare% or cease%8 ,,, d. )ista4e as to Identity.AA !rticles '+ par. +, 'B Art. 95. 2&e followin! $arria!es s&all be )oi% fro$ t&e be!innin!/ ,,, (5) 2&ose contracte% t&rou!& $ista;e of one contractin! #art( as to t&e i%entit( of t&e ot&er8 ,,, ,,, Tolentino: Mista;e as to I%entit(."" This refers to mista4e as to the person himself, involving a substitution of another person for the party who is desired in marriage, w/o the 4nowledge of the other contracting party. Art. 9:. 2&e action or %efense for t&e %eclaration of absolute nullit( of a $arria!e s&all not #rescribe. ,,, +. !uthority of Solemni/ing 0fficer.AA !rticles ' par. &, 2 par. &, 8, &1, '&, '2, '+ par. 2 Art. 9. 2&e for$al re+uisites of $arria!e are/ (1) Aut&orit( of t&e sole$ni<in! officer8 ,,, Tolentino: Aut&orit( of t&e sole$ni<in! officer."" 3: 9ould a marriage void for want of authority of the solemni/ing officer entered into under the ,--, now be considered validated under the .-, if either or both parties believed in good faith that such officer had the legal authority to solemni/e the marriage5 !: Ies. !rt. 2++, .- provides: <This -ode shall have retroactive effect insofar as it does not pre*udice or impair vested or ac$uired rights in accordance w/ the ,-- or other laws.< The present .- may be given a curative or remedial effect and validate the marriage in $uestion. Art. 4. 2&e absence of an( of t&e essential or for$al re+uisites s&all ren%er t&e $arria!e )oi% ab initio* e,ce#t as state% in Article 95 (6). ,,, Art. ?. Marria!e $a( be sole$ni<e% b(/ (1) An( incu$bent $e$ber of t&e 'u%iciar( wit&in t&e court's 'uris%iction8

(6) An( #riest* rabbi* i$a$* or $inister of an( c&urc& or reli!ious sect %ul( aut&ori<e% b( &is c&urc& or reli!ious sect an% re!istere% wit& t&e ci)il re!istrar !eneral* actin! wit&in t&e li$its of t&e written aut&orit( !rante% &i$ b( &is c&urc& or reli!ious sect an% #ro)i%e% t&at at least one of t&e contractin! #arties belon!s to t&e sole$ni<in! officer's c&urc& or reli!ious sect8 (9) An( s&i# ca#tain or air#lane c&ief onl( in t&e cases $entione% in Article 918 (4) An( $ilitar( co$$an%er of a unit to w&ic& a c&a#lain is assi!ne%* in t&e absence of t&e latter* %urin! a $ilitar( o#eration* li;ewise onl( in t&e cases $entione% in Article 968 or (5) An( consul"!eneral* consul or )ice"consul in t&e case #ro)i%e% in Article 1A. ,0TC: Ender the Gocal Dovernment -ode :Secs. 222 "b% "&% " viii% H 2++ "b% "&% " viii%;, mayors have again been given the authority to solemni/e marriages. SempioADy: Me$bers of t&e Hu%iciar(."" The *urisdiction of the members of the S-, the -!, the Sandiganbayan, and the -ourt of Ta !ppeals to solemni/e mariages is the entire country, w/c is their territorial *urisdiction. The *urisdiction of the FT- *udges and *udges of )T-s to solemni/e marriages is their territorial *urisdiction as defined by the S-. Tolentino: Re+uisites for Aut&orit( of Priest or Minister/ "&% @e must be registered in the office of the -iv. Fegistrar Deneral( "2% he must have a written authority to solemni/e marriages given by his church or religious sect( "'% he must act w/in the limits of such authority( and "2% at least one of the contracting parties must belong to the solemni/ing officer6s church or religious sect. PEOP5E 4. @FIPCEG :7B 0.D. ,o. 22, p. B78> "&B8'%; A ! marriage performed by a minister whose authority to solemni/e a marriage has e pired is void ab initio. .&i# -a#tains* Air#lane -&iefs* Militar( -o$$an%ers."" These officers can solemni/e only one 4ind of marriageAA a marriage in articulo mortis or at the point of death. Art. 91. A $arria!e in articulo mortis between #assen!ers or crew $e$bers $a( also be sole$ni<e% b( a s&i# ca#tain or b( an air#lane #ilot not onl( w&ile t&e s&i# is at sea or t&e #lane is in fli!&t* but also %urin! sto#o)ers at #orts of call. !rt. 8 refers to an <airplane chief< but art. '& refers to an <airplane pilot< who may not be the captain or chief. 9e believe the controlling designation is <airplane chief.< It is the head of the crew and who has the command of the airplane who must be deemed to have been given by law the authority to solemni/e marriages. Art. 96. A $ilitar( co$$an%er of a unit* w&o is a co$$issione% officer* s&all li;ewise &a)e aut&orit( to sole$ni<e $arria!es in articulo mortis between #ersons wit&in t&e <one of $ilitar( o#erations* w&et&er $e$bers of t&e ar$e% forces or ci)ilians. -onsul"!enerals* -onsuls* 4ice"consuls."" !n ambassador, even if he is the head of a diplomatic mission, has no authority to solemni/e marriage. The reason for this is that, while an amabassador ta4es care of the relations bet. the ?hils. and the country to w/c he is assigned, the consuls ta4e care of matters affecting .ilipino citi/ens in the area of their responsibility. Art. 1A. Marria!es between 3ili#ino citi<ens abroa% $a( be sole$ni<e% b( a consul"!eneral* consul or )ice"consul of t&e Re#ublic of t&e P&ili##ines. 2&e issuance of t&e $arria!e license an% t&e %uties of t&e local ci)il re!istrar an% of t&e sole$ni<in! officer wit& re!ar% to t&e celebration of $arria!e s&all be #erfor$e% b( sai% consular official.

Art. 95. 2&e followin! $arria!es s&all be )oi% fro$ t&e be!innin!/ ,,, (6) 2&ose sole$ni<e% b( an( #erson not le!all( aut&ori<e% to #erfor$ $arria!es unless c&urc& $arria!es were contracte% wit& eit&er or bot& #arties belie)in! in !oo% fait& t&at t&e sole$ni<in! officer &a% t&e le!al aut&orit( to %o so8 ,,,

7. )arriage Gicense "a formal re$uisite.%AA !rticles ' par. 2, 2 pars & H ', '+ par. ', B to 2& with e ceptions in 28 to '2 Art. 9. 2&e for$al re+uisites of $arria!e are/ ,,, (6) A )ali% $arria!e licence e,ce#t in t&e cases #ro)i%e% for in -&a#ter 6 of t&is 2itle8 ,,, ,,, Art. 4. 2&e absence of an( of t&e essential or for$al re+uisites s&all ren%er t&e $arria!e )oi% ab initio* e,ce#t as state% in Article 95 (6). ,,, An irre!ularit( in t&e for$al re+uisites s&all not affect t&e )ali%it( of t&e $arria!e but t&e #art( or #arties res#onsible for t&e irre!ularit( s&all be ci)ill(* cri$inall( an% a%$inistrati)el( liable. -O.-A 4. PA5AGPAGO7* HR. :2'8 S 22B "&BB2%; .: -omplainants allege that respondent *udge solemni/ed marriages even w/o the re$uisite marriage license. Thus, several couples were able to get married by the simple e pedient of paying the marriage fees to resp. #aroy, -ler4 of -ourt II of the )un. Trial -ourt of Tinambac, -amarines Sur, despite the absence of a marriage license. . !s a conse$uence, their marriage contracts did not reflect any marriage license. In addition, resp. =udge did not sign their marriage contracts and did not indicate the date of solemni/ation the reason being that he allegedly had to wait for the marriage license to be submitted by the parties w/c was usually several days after the ceremony. Indubitably, the marriage contracts were not filed w/ the local civil registrar. @CGD: 0n the charge regarding illegal marriages, the .- pertinently provides that the formal re$uisites of marriage, inter alia, a valid marriage license e cept in the cases provided for therein. -omplementarily, it declares that the absence of any of the essential or formal re$uisites shall generally render the marriage void ab initio and that, while an irregularity in the formal re$uisites shall not affect the validity of the marriage, the party or parties responsible for the irregularity shall be civilly, criminally and administratively liable.

Art. 95. 2&e followin! $arria!es s&all be )oi% fro$ t&e be!innin!/ ,,, (9) 2&ose sole$ni<e% wit&out license* e,ce#t t&ose fallin! un%er Article 418 ,,, REP0B5I- 4. -A :2'7 S-F! 2+8 "&BB2%; A The certification by the )ivil 6egistrar that the alleged marriage license could not be found in his records is ade*uate to prove that no license was issued. .: !ngelina -astro and Cdwin -ardenas were married in a civil ceremony in the city court of ?asay w/o the 4nowledge of !ngelina6s parents. The marriage lasted only for a couple of mos. !ngelina decided to migrate to the ES but wanted to put in order her marital status bef. leaving. She consulted a lawyer regarding the possible annulment of her marriage. It was discovered that there was no license issued to -ardenas by the -ivil Fegistrar of ?asig. The

-ivil Fegistrar certified that the alleged license no. does not appear from the records. The trial court denied the petition. The -! reversed the trial court, hence, this petition for review on certiorari. @CGD: The presentation by the -ivil Fegistrar is sanctioned by Sec. 2B, F &'2, F0-. The certification of due search and inability to find, issued by the civil registrar of ?asig, en*oys probative value, he being the officer charged under the law to 4eep a record of all data relative to the issuance of a marriage license. Enaccompanied by any circumstance of suspicion, and pursuant to Sec. 2B, F &'2 of F0-, a cert. of due search and inability to find sufficiently proved that his office did not issue the marriage license. There being no marriage license, the marriage of !ngelina and Cdwin is void ab initio. "&% 9here to apply AA !rts BA&1 . Art. :. A $arria!e license s&all be issue% b( t&e local ci)il re!istrar of t&e cit( or $unici#alit( w&ere eit&er contractin! #art( &abituall( resi%es* e,ce#t in $arria!es w&ere no license is re+uire% in accor%ance wit& -&a#ter 6 of t&is 2itle. SempioADy: The solemni/ing officer is not re$uired to investigate w/n the license was issued in the place re$uired by law. "?eo. v. =ansen +2 ? &87.% Art. 1A. Marria!es between 3ili#ino citi<ens abroa% $a( be sole$ni<e% b( a consul" !eneral* consul or )ice"consul of t&e Re#ublic of t&e P&ili##ines. 2&e issuance of t&e $arria!e license an% t&e %uties of t&e local ci)il re!istrar an% of t&e sole$ni<in! officer wit& re!ar% to t&e celebration of $arria!e s&all be #erfor$e% b( sai% consular official. SempioADy: #y <.ilipinos citi/ens abroad< may mean .ilipinos permanently residing abroad or who are mere transients or vacationists there. -onsuls on home assignment in the ?hils. cannot solemni/e marriages. Salonga, ?rivate International Gaw II, &BB+ ed. "hereinafter Salonga%: -onsular Marria!es."" The prevailing rule is that a marriage performed before a consular or diplomatic agent empowered by a sending State to officiate marriages is valid in the receiving State only if the latter has agreed to his acting in that capacity. "2% Fe$uirements for issuance "a% application AA !rt. && Art. 11. @&ere a $arria!e license is re+uire%* eac& of t&e contractin! #arties s&all file se#aratel( a sworn a##lication for suc& license wit& t&e #ro#er local ci)il re!istrar w&ic& s&all s#ecif( t&e followin!/ (1) 3ull na$e of t&e contractin! #art(8 (6) Place of birt&8 (9) A!e an% %ate of birt&8 (4) -i)il .tatus8 (5) If #re)iousl( $arrie%* &ow* w&en an% w&ere t&e #re)ious $arria!e was %issol)e% or annulle%8 (=) Present resi%ence an% citi<ens&i#8 (?) e!ree of relations&i# of t&e contractin! #arties8 (>) 3ull na$e* resi%ence an% citi<ens&i# of t&e fat&er8 (:) 3ull na$e* resi%ence an% citi<ens&i# of t&e $ot&er8 an% (1A) 3ull na$e* resi%ence an% citi<ens&i# of t&e !uar%ian or #erson &a)in! c&ar!e* in case t&e contractin! #art( &as neit&er fat&er nor $ot&er an% is un%er t&e a!e of 61 (ears. 2&e a##licants* t&eir #arents or !uar%ians s&all not be re+uire% to e,&ibit t&eir resi%ence certificates in an( for$alit( in connection wit& t&e securin! of t&e $arria!e license. "b% ?roof of capacity AA !rticles &2A&2( !rt. 2&

Art. 16. 2&e local ci)il re!istrar* u#on recei)in! suc& a##lication* s&all re+uire t&e #resentation of t&e ori!inal birt& certificates or* in %efault t&ereof* t&e ba#tis$al certificates of t&e contractin! #arties or co#ies of suc& %ocu$ents %ul( atteste% b( t&e #ersons &a)in! custo%( of t&e ori!inals. 2&ese certificates or certifie% co#ies of t&e %ocu$ents re+uire% b( t&is Article nee% not be sworn to an% s&all be e,e$#t fro$ t&e %ocu$entar( sta$# ta,. 2&e si!nature an% official title of t&e #erson issuin! t&e certificate s&all be sufficient #roof of its aut&enticit(. If eit&er of t&e contractin! #arties is unable to #ro%uce &is birt& or ba#tis$al certificate or a certifie% co#( of eit&er because of t&e %estruction or loss of t&e ori!inal* or if it is s&own b( an affi%a)it of suc& #art( or of an( ot&er #erson t&at suc& birt& or ba#tis$al certificate &as not been recei)e% t&ou!& t&e sa$e &as been re+uire% of t&e #erson &a)in! custo%( t&ereof at least 15 %a(s #rior to t&e %ate of t&e a##lication* suc& #art( $a( furnis& in lieu t&ereof &is current resi%ence certificate or an instru$ent %rawn u# an% sworn to before t&e local ci)il re!istrar concerne% or an( #ublic official aut&ori<e% to a%$inister oat&s. .uc& instru$ent s&all contain t&e sworn %eclaration of two witnesses of lawful a!e* settin! fort& t&e full na$e* resi%ence an% citi<ens&i# of suc& contractin! #art( an% of &is or &er #arents* if ;nown* an% t&e #lace an% %ate of birt& of suc& #art(. 2&e nearest of ;in of t&e contractin! #arties s&all be #referre% as witnesses* or in t&eir %efault* #ersons of !oo% re#utation in t&e #ro)ince or t&e localit(. 2&e #resentation of birt& or ba#tis$al certificate s&all not be re+uire% if t&e #arents of t&e contractin! #arties a##ear #ersonall( before t&e local ci)il re!istrar concerne% an% swear to t&e correctness of t&e lawful a!e of sai% #arties* as state% in t&e a##lication* or w&en t&e local ci)il re!istrar s&all* b( $erel( loo;in! at t&e a##licants u#on t&eir #ersonall( a##earin! before &i$* be con)ince% t&at eit&er or bot& of t&e$ &a)e t&e re+uire% a!e. Tolentino: ocu$ents Re+uire%."" To prove the ages of the contracting parties, the ff. may be re$uired by the local civ. registrar: "&% 0riginal or certified copies of birth certificates. "2% In the absence of birth certs., the original or certified copies of baptismal certs. "'% In the absence of the above documents, the party may present his residence cert. or the affidavit of 2 witnesses. @&en Proof of A!e is#ense% @it&/ "&% 9hen the parents of the contracting parties appear personally bef. the local civ. reg. and swear to the correctness of their ages( "2% 9hen the local civ. reg. is convinced, by merely loo4ing at the parties that they have the re$uired ages( "'% 9hen a party has formerly married, but is widows, or divorced, or the previous marriage has been invalidated. "see art. &'.% Art. 19. In case eit&er of t&e contractin! #arties &as been #re)iousl( $arrie%* t&e a##licant s&all be re+uire% to furnis&* instea% of t&e birt& or ba#tis$al certificate re+uire% in t&e last #rece%in! article* t&e %eat& certificate of t&e %ecease% s#ouse or t&e 'u%icial %ecree of t&e absolute %i)orce* or t&e 'u%icial %ecree of annul$ent or %eclaration of nullit( of &is or &er #re)ious $arria!e. In case t&e %eat& certificate cannot be secure%* t&e #art( s&all $a;e an affi%a)it settin! fort& t&is circu$stance an% &is or &er actual ci)il status an% t&e na$e an% %ate of %eat& of t&e %ecease% #ersons. Art. 14. In case eit&er or bot& of t&e contractin! #arties* not &a)in! been e$anci#ate% b( a #re)ious $arria!e* are between t&e a!es of ei!&teen an% twent(" one* t&e( s&all* in a%%ition to t&e re+uire$ents of t&e #rece%in! articles* e,&ibit to t&e local ci)il re!istrar* t&e consent to t&eir $arria!e of t&eir fat&er* $ot&er* sur)i)in! #arent or !uar%ian* or #ersons &a)in! le!al c&ar!e of t&e$* in t&e or%er $entione%. .uc& consent s&all be in writin! b( t&e intereste% #art(* w&o #ersonall( a##ears before t&e #ro#er local ci)il re!istrar* or in t&e for$ of an affi%a)it $a%e in t&e #resence of two witnesses an% atteste% before an( official aut&ori<e% b( law to a%$inister oat&s. 2&e #ersonal $anifestation s&all be recor%e% in bot& a##lications

for $arria!e license* an% t&e affi%a)it* if one is e,ecute% instea%* s&all be attac&e% to sai% a##lication. Tolentino: Reason for #arental consent."" The parental consent of parties below 2& years is re$uired in order to supplement the natural incapacity of such parties, whose ine perience may lead them to a union w/c is difficult or pre*udicial for them. Effect of Pre)ious Marria!e."" ! person below 2& who has been previously married, but whose marriage has terminated by the death of the spouse does not need parental consent to remarry even if he or she is still below 2&. Effect of RA =>A:."" The reduction of the age of ma*ority and emancipation does not affect the re$uirement of the present article, w/ respect to persons who have living parents. 3: #ut when the person over &> yrs. but below 2& yrs. is an orphan, not otherwise incapacitated, he cannot be placed under guardianship and would have nobody <having legal charge< of him. 9hose consent will be re$uired5 !: In view of the impossibility of compliance, it seems that <parental consent< need not be secured. Re$arria!e of @i%owe% Mot&er."" ! widowed mother who has remarried retains her parental authority over her children "art. 2&2, .-%, and thus, her consent is still re$uired for the marriage of a child below 2& yrs. old. .#ecific -onsent Re+uire%."" The better view is that the consent must refer to marriage w/ a particular person. The law intends that the child should benefit from the e perience of the parent, and that the latter save the former from what may be an unwise union. 3or$ of -onsent."" It must be in writing. It may be made in either of 2 ways: "&% by the parent personally appearing bef. the local civ. reg. and signing the instrument of consent, or "2% by e ecuting an affidavit of consent in the presence of 2 witnesses w/o having to appear bef. the local civ. reg. Re)ocation of -onsent."" 0nce consent has been given and the proper license issued, it should be irrevocable e cept for cause. To allow its revocation, w/o any reason is to sub*ect the effectivity of the license issued by the govt to the whim and caprice of the parent. 9e believe, however, that revocation for *ust cause must be made 4nown to the parties and to the local civ. reg. to have any effect. Effect of @ant of -onsent."" !side from the civil sanction of nullity of the marriage, there is also a penal sanction. If the parties 4nowingly entered into the marriage w/o parental consent, or the solemni/ing officer has celebrated it 4nowing of such absence when it was needed, they will become sub*ect to the penal conse$uences imposed by !ct ,o. '7&' and the F?-. EIGE7MA7 4. G0ERRA :+ -.!. Fep. >'7 "&B72%; A ?arental consent may be made e pressly or impliedly, such as by the presence of the mother during the marriage ceremony, without any ob*ections. Art. 61. @&en eit&er or bot& of t&e contractin! #arties are citi<ens of a forei!n countr(* it s&all be necessar( for t&e$ before a $arria!e license can be obtaine%* to sub$it a certificate of le!al ca#acit( to contract $arria!e* issue% b( t&eir res#ecti)e %i#lo$atic or consular officials. .tateless #ersons or refu!ees fro$ ot&er countries s&all* in lieu of t&e certificate of le!al ca#acit( &erein re+uire%* sub$it an affi%a)it statin! t&e circu$stances s&owin! suc& ca#acit( to contract $arria!e. Tolentino: The legal capacity of a foreigner to marry is recogni/ed by our laws as governed by the law of the country of w/c he is a citi/en. This is in accordance w/ the nationality theory of personal laws w/c is followed by the ?hils.

.tateless Persons an% Refu!ees."" 3: 9hat is the legal capacity of a stateless person5 !: @aving no personal law of his own, since he owes no allegiance to any particular country, his legal capacity should be determined by the laws of the ?hils. under w/c he temporarily en*oys protection. The provisions of the .- apply to him. Salonga: The net effect of !rt. 2& is to leave it to the Dovt of the alien to decide almost conclusively the $uestion of w/n he or she can marry in the ?hils. It is the interpretation of that Dovt through its diplomatic or consular officials, that is controlling, e cept where the ) is bigamous or universally incestuous. !ny abuse of that discretion is a matter w/c the alien must ta4e up w/ his own Dovt. 3: Suppose, however, that, w/o such a cert., the marriage is solemni/edAA is the marriage valid5 !: Ies. The ) should be considered as valid, assuming that the lac4 of cert. is the only defect. It is not one of the void marriages enumerated in the ,-- "now the .-%( the cert. of legal capacity is not an essential re$uisite of marriage. "c% ?arental advice AA !rt. &+ Art. 15. An( contractin! #art( between t&e a!e of twent("one an% twent(" fi)e s&all be obli!e% to as; t&eir #arents or !uar%ian for a%)ice u#on t&e inten%e% $arria!e. If t&e( %o not obtain suc& a%)ice* or if it be unfa)orable* t&e $arria!e license s&all not be issue% till after t&ree $ont&s followin! t&e co$#letin! of t&e #ublication of t&e a##lication t&erefor. A sworn state$ent b( t&e contractin! #arties to t&e effect t&at suc& a%)ice &as been sou!&t* to!et&er wit& t&e written a%)ice !i)en* if an(* s&all be attac&e% to t&e a##lication for $arria!e license. .&oul% t&e #arents or !uar%ian refuse to !i)e an( a%)ice* t&is fact s&all be state% in t&e sworn state$ent. Tolentino: Effect of E$anci#ation."" The need for parental advice depends on filial relationship and not on parental authority. 3: 9hen the child is an orphan over 2& but below 2+ yrs. old, he would be emancipated and cannot be under the authority of a guardian. 9ho will give the parental advice in such a case5 !: The solution may be anomalous, but it seems that such advice is dispensed w/, due to impossibility of compliance.

"d% )arriage -ounselling AA !rt. &7 Art. 1=. In t&e cases w&ere #arental consent or #arental a%)ice is nee%e%* t&e #art( or #arties concerne% s&all* in a%%ition to t&e re+uire$ents of t&e #rece%in! articles* attac& a certificate issue% b( a #riest* i$a$* or $inister aut&ori<e% to sole$ni<e $arria!e un%er Article ? of t&is -o%e or a $arria!e counsellor %ul( accre%ite% b( t&e #ro#er !o)ern$ent a!enc( to t&e effect t&at t&e contractin! #arties &a)e un%er!one $arria!e counsellin!. 3ailure to attac& sai% certificate of $arria!e counsellin! s&all sus#en% t&at issuance of t&e $arria!e license for a #erio% of t&ree $ont&s fro$ t&e co$#letion of t&e #ublication of t&e a##lication. Issuance of t&e $arria!e license wit&in t&e #ro&ibite% #erio% s&all sub'ect t&e issuin! officer to a%$inistrati)e sanctions but s&all not affect t&e )ali%it( of t&e $arria!e. .&oul% onl( one of t&e contractin! #arties nee% #arental consent or #arental a%)ice* t&e ot&er #art( $ust be #resent at t&e counsellin! referre% to in t&e #rece%in! #ara!ra#&. Tolentino: Marria!e -onsellin!."" #oth of the intended spouses are re$uired to undergo marriage counselling if one or both of them are bet. &> and 2+ yrs. of age. Reason for t&e Re+uire$ent."" It is intended to prepare the youth for entering into the married state, w/ instructions on the responsibilities of the future couple to each other, to

their children, and to society. "e% ?ublication AA !rt. &8 Art. 1?. 2&e local ci)il re!istrar s&all #re#are a notice w&ic& s&all contain t&e full na$es an% resi%ences of t&e a##licants for $arria!e license an% ot&er %ata !i)en in t&e a##lications. 2&e notice s&all be #oste% for ten consecuti)e %a(s on a bulletin boar% outsi%e t&e office of t&e local ci)il re!istrar locate% in a cons#icuous #lace wit&in t&e buil%in! an% accessible to t&e !eneral #ublic. 2&is notice s&all re+uest all #ersons &a)in! ;nowle%!e of an( i$#e%i$ent to t&e $arria!e to a%)ise t&e local ci)il re!istrar t&ereof. 2&e $arria!e license s&all be issue% after t&e co$#letion of t&e #erio% of #ublication. "f% Investigation of Impediments AA !rt. &>. Art. 1>. In case of an( i$#e%i$ent ;nown to t&e local ci)il re!istrar or brou!&t to &is attention* &e s&all note %own t&e #articulars t&ereof an% &is fin%in!s t&ereon in t&e a##lication for $arria!e license* but s&all nonet&eless issue sai% license after t&e co$#letion of t&e #erio% of #ublication* unless or%ere% ot&erwise b( a co$#etent court at &is own instance or t&at of an( intereste% #art(. 7o filin! fee s&all be c&ar!e% for t&e #etition nor a corres#on%in! bon% re+uire% for t&e issuance of t&e or%er. "g% ?ayment of fees AA !rt. &B. Art. 1:. 2&e local ci)il re!istrar s&all re+uire t&e #a($ent of t&e fees #rescribe% b( law or re!ulations before t&e issuance of t&e $arria!e license. 7o ot&er su$ s&all be collecte% in t&e nature of a fee or ta, of an( ;in% for t&e issuance of sai% license. It s&all* &owe)er* be issue% free of c&ar!e to in%i!ent #arties* t&at is* t&ose w&o &a)e no )isible $eans of inco$e or w&ose inco$e is insufficient for t&eir subsistence* a fact establis&e% b( t&eir affi%a)it* or b( t&eir oat& before t&e local ci)il re!istrar. "h% .amily ?lanning certificate AA ?D B7+ "'% ?lace where valid AA !rt. 21 Art. 6A. 2&e license s&all be )ali% in an( #art of t&e P&ili##ines for a #erio% of one &un%re% twent( %a(s fro$ t&e %ate of issue* an% s&all be %ee$e% auto$aticall( cancelle% at t&e e,#iration of sai% #erio% if t&e contractin! #arties &a)e not $a%e use of it. 2&e e,#ir( %ate s&all be sta$#e% in bol% c&aracters on t&e face of e)er( license issue%. Tolentino: The automatic cancellation of the license is not a mere irregularity or defect( the license is nonAe istent. The marriage is void ab initio. "2% ?eriod of validity AA !rt. 21, supra. "not in #alane6s outline% "+% Duties of the -ivil Fegistrar AA !rticles 22A2+ Art. 64. It s&all be t&e %ut( of t&e local ci)il re!istrar to #re#are t&e %ocu$ents re+uire% b( t&is 2itle* an% to a%$inister oat&s to all intereste% #arties wit&out an( c&ar!e in bot& cases. 2&e %ocu$ents an% affi%a)its file% in connection wit& a##lications for $arria!e licenses s&all be e,e$#t fro$ %ocu$entar( sta$# ta,. Art. 65. 2&e local ci)il re!istrar concerne% s&all enter all a##lications for $arria!e licenses file% wit& &i$ in a re!istr( boo; strictl( in t&e or%er in w&ic& t&e sa$e are recei)e%. Fe s&all recor% in sai% boo; t&e na$es of t&e a##licants* t&e %ate on w&ic& t&e $arria!e license was issue%* an% suc& ot&er %ata as $a( be

necessar(. #!KICF! -!SC: PEOP5E 4. A4I :&' -! Fep. 2B+ "&B7>%; A 0fficial Feceipt of the Gocal -ivil Fegistrar due to lac4 of the regular form may be considered as a valid license. "7% 9hen no license needed AA !rticles 28A'2 -&a#ter 6 MARRIAGE. EIEMP2E 3ROM 5I-E7.E RE10IREME72

Tolentino: Marria!es of E,ce#tional -&aracter."" It is one on w/c the law considers of such a nature as to dispense w/ the formal re$uirement of a marriage license. The marriages e empted from the re$uirement of a marriage license are: "&% marriages in articulo mortis or on the point of death, "2% marriages in isolated places, or where there are no available means of transportation, "'% marriages among )uslims or among members of ehtnic cultural communities, and "2% marriages of those who have lived together as husband and wife for at least + yrs. Art. 6?. In case eit&er or bot& of t&e contractin! #arties are at t&e #oint of %eat&* t&e $arria!e $a( be sole$ni<e% wit&out t&e necessit( of a $arria!e license an% s&all re$ain )ali% e)en if t&e ailin! #art( subse+uentl( sur)i)es. Art. 6>. If t&e resi%ence of eit&er #art( is so locate% t&at t&ere is no $eans of trans#ortation to enable suc& #art( to a##ear #ersonall( before t&e local ci)il re!istrar* t&e $arria!e $a( be sole$ni<e% wit&out t&e necessit( of a $arria!e license. Art. 6:. In t&e cases #ro)i%e% for in t&e two #rece%in! articles* t&e sole$ni<in! officer s&all state in an affi%a)it e,ecute% before t&e local ci)il re!istrar or an( ot&er #erson le!all( aut&ori<e% to a%$inister oat&s t&at t&e $arria!e was #erfor$e% in articulo mortis or t&at t&e resi%ence of eit&er #art(* s#ecif(in! t&e barrio or baran!a(* is so locate% t&at t&ere is no $eans of trans#ortation to enable suc& #art( to a##ear #ersonall( before t&e local ci)il re!istrar an% t&at t&e officer too; t&e necessar( ste#s to ascertain t&e a!es an% relations&i# of t&e contractin! #arties an% t&e absence of a le!al i$#e%i$ent to t&e $arria!e. Art. 9A. 2&e ori!inal of t&e affi%a)it re+uire% in t&e last #rece%in! article* to!et&er wit& a le!ible co#( of t&e $arria!e contract* s&all be sent b( t&e #erson sole$ni<in! t&e $arria!e to t&e local ci)il re!istrar of t&e $unici#alit( w&ere it was #erfor$e% wit&in t&e #erio% of 9A %a(s after t&e #erfor$ance of t&e $arria!e. Art. 91. A $arria!e in articulo mortis between #assen!ers or crew $e$bers $a( also be sole$ni<e% b( a s&i# ca#tain or b( an air#lane #ilot not onl( w&ile t&e s&i# is at sea or t&e #lace is in fli!&t* but also %urin! sto#o)ers at #orts of call. Art. 96. A $ilitar( co$$an%er of a unit* w&o is a co$$issione% officer* s&all li;ewise &a)e aut&orit( to sole$ni<e $arria!es in articulo mortis between #ersons wit&in t&e <one of $ilitar( o#erations* w&et&er $e$bers of t&e ar$e% forces or ci)ilians. Art. 99. Marria!es a$on! Musli$s or a$on! $e$bers of t&e et&nic cultural co$$unities $a( be #erfor$e% )ali%l( wit&out t&e necessit( of $arria!e license* #ro)i%e% t&at t&e( are sole$ni<e% in accor%ance wit& t&eir custo$s* rites or #ractices. Art. 94. 7o license s&all be necessar( for t&e $arria!e of a $an an% a wo$an w&o &a)e li)e% to!et&er as &usban% an% wife for at least fi)e (ears an% wit&out an( le!al i$#e%i$ent to $arr( eac& ot&er. 2&e contractin! #arties s&all state t&e

fore!oin! facts in an affi%a)it before an( #erson aut&ori<e% b( law to a%$inister oat&s. 2&e sole$ni<in! officer s&all also state un%er oat& t&at &e ascertaine% t&e +ualifications of t&e contractin! #arties an% foun% no le!al i$#e%i$ent to t&e $arria!e. Tolentino: This art. intends to facilitate and encourage the marriage of persons who have been living together in a state of concubinage for more than + yrs. The publicity and other attendant inconveniences in securing the marriage license, might be embarrassing to such persons and deter them from legali/ing their union. SempioADy: #esides, the marriage of the parties will result in the legitimation of natural children born to them during their cohabitation. ,ote: The fact of absence of legal impediment bet. the parties must be present at the time of the marriage, not during their +Ayr. cohabitation. II. C..C-T 0. G!-L 0. FC3EISITCS !. &. Difference in se .AA lac4 of it: void 2. Some form of ceremony.AA lac4 of it: void '. Gegal capacity.AA Gac4 of it.AA Deneral rule: void C ception: !ge.AA !rt. 2+ par. & Impotence.AA !rt. 2+ "+%, voidable Disease.AA !rt. 2+ "7%, voidable 2. Gac4 of consent.AA voidable C cept: )ista4e as to identity.AA void :!rt. '+ "+%; +. !uthority of solemni/ing officer.AA lac4 of it: void C cept: !rt. 2+ "&% 7. )arriage Gicense.AA lac4 of it: void C ceptions: !rticles 28A'2, supra. #. K0ID !,D K0ID!#GC )!FFI!DCS -&a#ter 9 4OI A7 4OI AB5E MARRIAGE.

#alane: ! defective marriage in this country is either void or voidable. ! voidable marriage produces the effect of a valid marriage, until annuled. Koid )arriages Tolentino: The following marriages are void in spite of their omission from the enumeration contained in articles '+ to '>: "&% )arriages where intent to marry is totally wanting "e.g., marriage in *est.%( "2% )arriages not solemni/ed in accordance w/ law "e.g., marriages by pro y%( "'% )arriages bet. persons of the same se . 4oi% an% 4oi%able Marria!es istin!uis&e%."" .undamental distinctionAA ! void marriage is deemed never to have ta4en place at all, while a voidable or annullable marriage is considered valid and subsisting until it is set aside by a competent court. The following distinctions arise from this general difference: "&% A void 1 can be attac ed collaterally, while a voidable ) can be attac4ed only in a direct proc. for annulment( "2% A void 1 may be *uestioned even after the death of one of the parties , while a voidable ) can no longer be attac4ed after one of the parties is dead( "'% A void 1 cannot be ratified or confirmed, while a voidable ) is generally made perfectly valid by ratification or confirmation, through continued cohabitation( "2% the validity of a void 1 may be assailed by any one if the *uestion becomes material, while an annullable ) can generally be attac4ed only by a party to it( and "+% the

action or defense to declare the nullity of a void 1 generally does not prescribe , while the action to set aside a voidable ) prescribes. Effect of 4oi% Marria!es/ On #ro#ert( Relations."" ! community prop. or con*ugal partnership is formed, and is dissolved and li$uidated upon the declaration of nullity, but if either spouse contracted the marriage in #., his or her share is forfeited in favor of the children or the innocent spouse, as the case may be. :see !rt. 2'"2%; .tatus of -&il%ren."" Such children are considered legitimate. "!rt. +2.% Effects of 4oi%able Marria!es."" ! voidable marriage is valid and produces all its civil effects, until it is set aside by *udgment of a competent court in an action for annulment. Ender the .-, the rule applicable to marriages void from the beginning applies to voidable marriages. "see !rt. +1, .-. % !s to children born in voidable marriages, the ,-- and the .- have the same rule( the children are legitimate. Action to Annul Marria!e."" !nnulment of ) is an action in rem, for it concerns the status of the parties, and status affects or binds the whole world. The res is the relation bet. the parties, or their marriage tie. Annul$ent an% 5e!al .e#aration istin!uis&e%/ "&% !nnulment "!% is caused by some circumstance e isting at the time of the ), while the cause of legal separation "GS% arises after the celebration of the )( "2% an ! of ) terminates the marital bond bet. the parties while GS does not( and "'% ! of ), once final, cannot be set aside so as to restore the marital relation, while GS may be terminated and marital relations resumed by the reconciliation of the parties. Ratification of 4oi%able Marria!e."" The law does not fi a definite period during w/c this cohabitation shld last in order to constitute ratification. It is submitted that when the cohabitation has continued for such a length of time, after the cause of nullity has ceased to e ist, as to give rise to a reasonable inference that the party entitled to bring the action for nullity prefers to continue w/ the ), there is ratification w/c purges the ) of its original defect. Fatification refers to the right of action itself( prescription refers only to the remedy. There can be no remedy where there is no more right of action. Marria!es 7ot .ub'ect to Ratification "the law does not provide for their ratification%: "&% 9here one of the spouses is incurably impotent( "2% 9here one of the spouses has an incurable se ually transmissible disease( The defect of the ) in these 2 cases is not one that merely affects consent. Fatification cures a defect in consent( it cannot cure a physical defect. The action to annul in these cases will e ist as long as the period of prescription has not e pired. "'% ! marriage where a sane spouse marries an insane spouse w/o the 4nowledge of the insanity. !lthough the insane spouse can ratify the ) after recovering reason, the sane spouse cannot be barred from as4ing for ! even if he has continued to cohabit w/ the insane spouse after learning of such insanity. III. C..C-T 0. DC.C-TIKC )!FFI!DCS 0, ST!TES 0. -@IGDFC,.AA !rticles +2, &7+ Art. 54. -&il%ren concei)e% or born before t&e 'u%!$ent of annul$ent or absolute nullit( of t&e $arria!e un%er Article 9= &as beco$e final an% e,ecutor( s&all be consi%ere% le!iti$ate. -&il%ren concei)e% or born of t&e subse+uent $arria!e un%er Article 59 s&all li;ewise be le!iti$ate. Art. 1=5. -&il%ren concei)e% an% born outsi%e a )ali% $arria!e are ille!iti$ate* unless ot&erwise #ro)i%e% in t&is -o%e. "referring to !rt. +2.%

#alane: Deneral rule:

-hildren of voidable marriage are legitimate. -hildren conceived and born of a void marriage are illegitimate. There are two e ceptions "!rt. +2%: &. !rt. '7 2. !rt. +' IK. ?FI)!FI ?F00. 0F CKIDC,-C 0. )!FFI!DC.AA !rticles 22, 2' Art. 66. 2&e $arria!e certificate* in w&ic& t&e #arties s&all %eclare t&at t&e( ta;e eac& ot&er as &usban% an% wife* s&all also state/ (1) 2&e full na$e* se,* an% a!e of eac& contractin! #art(8 (6) 2&eir citi<ens&i#* reli!ion an% &abitual resi%ence8 (9) 2&e %ate an% #recise ti$e of t&e celebration of t&e $arria!e8 (4) 2&at t&e #ro#er $arria!e license &as been issue% accor%in! to law* e,ce#t in $arria!es #ro)i%e% for in -&a#ter 6 of t&is 2itle8 (5) 2&at eit&er or bot& of t&e contractin! #arties &a)e secure% t&e #arental consent in a##ro#riate cases8 (=) 2&at eit&er or bot& of t&e contractin! #arties &a)e co$#lie% wit& t&e le!al re+uire$ent re!ar%in! #arental a%)ice in a##ro#riate cases8 an% (?) 2&at t&e #arties &a)e entere% into $arria!e settle$ents* if an(* attac&in! a co#( t&ereof. SempioADy: The marriage cert. is not an essential or formal re$uisite of marriage w/o w/c the marriage will be void. ")adride*o v. De Geon, ++ ? &.%. !n oral marriage is, thus, valid, and failure of a party to sign the marriage cert. "De Goria v. .eli , &12 ?% or the omission of the solemni/ing officer to send a copy of the marriage cert. to the proper local civil registrar "?ugeda v. Trias, 2 S 2B% does not invalidate the marriage. Art. 69. It s&all be t&e %ut( of t&e #erson sole$ni<in! t&e $arria!e to furnis& eit&er of t&e contractin! #arties t&e ori!inal of t&e $arria!e certificate referre% to in Art. = an% to sen% t&e %u#licate an% tri#licate co#ies of t&e certificate not later t&an 15 %a(s after t&e $arria!e* to t&e local ci)il re!istrar of t&e #lace w&ere t&e $arria!e was sole$ni<e%. Pro#er recei#ts s&all be issue% b( t&e local ci)il re!istrar to t&e sole$ni<in! officer trans$ittin! co#ies of t&e $arria!e certificate. 2&e sole$ni<in! officer s&all retain in &is file t&e +ua%ru#licate co#( of t&e $arria!e certificate* t&e ori!inal of t&e $arria!e license an%* in #ro#er cases* t&e affi%a)it of t&e contractin! #art( re!ar%in! t&e sole$ni<ation of t&e $arria!e in a #lace ot&er t&an t&ose $entione% in Art. >. Tolentino: Proof of Marria!e."" The best proof of the marriage is the marriage certificate. #ut this is not the only proof. The declaration of one of the parties to the marriage, as well as of persons who were present at its celebration, are competent proof of the marriage. ?ublic and open cohabitation as @ H 9 after the alleged marriage, birth and baptismal certificates of children borne by the alleged spouses, and a statement of such marriage in subse$uent documents are li4ewise competent evidence to prove the fact of marriage. Presu$#tion of Marria!e."" There is a prima facie presumption that a man and a woman living maritally under the same roof are legally married. The reason is that such is the common order of society, and if the parties were not what they hold themselves out as being, they would be living in the constant violation of decency and law. "?erido v. ?erido, 7' S B8, B>.% SempioADy: Femember that even if no one receives a copy of the marriage cert., the marriage is still valid. "=ones v. @ortiguela, 72 ? &8B.% 5ORIA 4. 3E5II :&12 ? & "&B+>%; A The signing of the marriage contract is a formal re$uireA ment of evidentiary value, the omission of which does not render the marriage a nullity. <The signing of the marriage contract or certificate was re$uired by statute simply for the purpose

of evidencing the act and to prevent fraud. ,o statutory provision or court ruling has been cited ma4ing it an essential re$uisite A not the formal re$uirement of evidentiary value, which we believe it is. The fact of marriage is one thing( the proof by which it may be established is $uite another.< K. !-TI0, 0. !,,EG)C,T 0F DC-G!F!TI0, 0. ,EGGITI.AA !rticles 2> to +2 Art. 4>. In all cases of annul$ent or %eclaration of absolute nullit( of $arria!e* t&e -ourt s&all or%er t&e #rosecutin! attorne( or fiscal assi!ne% to it to a##ear on be&alf of t&e .tate to ta;e ste#s to #re)ent collusion between t&e #arties an% to ta;e care t&at e)i%ence is not fabricate% or su##resse%. In t&e cases referre% to in t&e #rece%in! #ara!ra#&* no 'u%!$ent s&all be base% u#on a sti#ulation of facts or confession of 'u%!$ent. Tolentino: Effect of -ollusion."" :I;f the parties succeed in obtaining a decree of annulment by collusion notwithstanding observance of the provisions of this !rt., such decree must be held to be absolutely void if no cause really e isted. It would be against public policy. Art. 4:. urin! t&e #en%enc( of t&e action an% in t&e absence of a%e+uate #ro)isions in a written a!ree$ent between t&e s#ouses* t&e -ourt s&all #ro)i%e for t&e su##ort of t&e s#ouses an% t&e custo%( an% su##ort of t&eir co$$on c&il%ren. 2&e -ourt s&all !i)e #ara$ount consi%eration to t&e $oral an% $aterial welfare of sai% c&il%ren an% t&eir c&oice of t&e #arent wit& w&o$ t&e( wis& to re$ain as #ro)i%e% for in 2itle II. It s&all also #ro)i%e for a##ro#riate )isitation ri!&ts of t&e ot&er #arent. #!KICF! -!SCS: 2O5E72I7O 4. 4I55A70E4A :+7 S & "&B82%; A 9here the husband filed a case for annulment on the ground of concealment of pregnancy, and the wife failed to file a responsive pleading, the court referred the case to the fiscal for investigation. @owever, the husband refused to show his evidence nor be interrogated by the fiscal, hence, the court correctly dismissed the complaint for annulment. The investigation of the fiscal is a prere$uisite to the annulment of marriage where defendant has defaulted. HO-.O7 4. ROB5E. :22 S +2& "&B7>%; A 9here the second wife filed an action for annulment, and the husband also assailed the validity of the marriage claiming he was coerced to marry her by her parents and brothers, and filed a motion for summary *udgment supported by affidavits of the plaintiff6s father and brothers to this effect, and the plaintiff also submitted the case for *udgment on the pleadings, the court correctly denied the motion for summary *udgment in view of provisions of the -ivil -ode e pressly prohibiting the rendition of a decree of annulment of marriage upon a stipulation of facts or a confession of *udgment. The affidavits of the wife6s father and brothers practically amounts to these methods not countenanced by the -ivil -ode. 4I55AROMA7 4. E.2EBA7 :8' 0.D. &&8'7 "&B87%; A "&% The principle of estoppel cannot apply to defeat a suit for annulment of marriage on the ground that plaintiff was not of age when he contracted marriage, since the ages of the contracting parties which re$uire parental consent, cannot be modified or altered by their *oint act or omission or by that of either of them. "2% Staying with the wife in her residence only on Saturdays and Sundays merely indicates transient se ual intercourse which is not considered as cohabitation. This circumstance and the conduct of the man in abandoning his wife before reaching the age of ma*ority or according to the wife6s version, B months after attaining legal age, negates the intention on the part of the man to confirm or ratify a defective marriage by cohabiting and living with the woman as her husband. "not in #alane6s outline% Cffect of !nnulment

Art. 5A. 2&e effects #ro)i%e% for b( #ara!ra#&s (6)* (9)* (4) an% (5) of Article 49 an% b( Article 44 s&all also a##l( in t&e #ro#er cases to $arria!es w&ic& are %eclare% )oi% ab initio or annulle% b( final 'u%!$ent un%er Articles 4A an% 45. 2&e final 'u%!$ent in suc& cases s&all #ro)i%e for t&e li+ui%ation* #artition an% %istribution of t&e #ro#erties of t&e s#ouses* t&e custo%( an% su##ort of t&e co$$on c&il%ren* an% t&e %eli)er( of t&eir #resu$#ti)e le!iti$es* unless suc& $atters &a% been a%'u%icate% in #re)ious 'u%icial #rocee%in!s. All cre%itors of t&e s#ouses as well as of t&e absolute co$$unit( or t&e con'u!al #artners&i# s&all be notifie% of t&e #rocee%in!s for li+ui%ation. In t&e #artition* t&e con'u!al %wellin! an% t&e lot on w&ic& it is situate%* s&all be a%'u%icate% in accor%ance wit& t&e #ro)isions of Articles 1A6 an% 16:. Art. 49. 2&e ter$ination of t&e subse+uent $arria!e referre% to in t&e #rece%in! Article s&all #ro%uce t&e followin! effects/ ,,, (6) 2&e absolute co$$unit( of #ro#ert( or t&e con'u!al #artners&i#* as t&e case $a( be* s&all be %issol)e% an% li+ui%ate%* but if eit&er s#ouse contracte% sai% $arria!e in ba% fait&* &is or &er s&are of t&e net #rofits of t&e co$$unit( #ro#ert( or con'u!al #artners&i# #ro#ert( s&all be forfeite% in fa)or of t&e co$$on c&il%ren or* if t&ere are none* t&e c&il%ren of t&e !uilt( s#ouse b( a #re)ious $arria!e or* in %efault of c&il%ren* t&e innocent s#ouse. (9) onations b( reason of $arria!e s&all re$ain )ali%* e,ce#t t&at if t&e %onee contracte% t&e $arria!e in ba% fait&* suc& %onations $a%e to sai% %onee are re)o;e% b( o#eration of law8 (4) 2&e innocent s#ouse $a( re)o;e t&e %esi!nation of t&e ot&er s#ouse w&o acte% in ba% fait& as beneficiar( in an( insurance #olic(* e)en if suc& %esi!nation be sti#ulate% as irre)ocable8 an% (5) 2&e s#ouse w&o contracte% t&e subse+uent $arria!e in ba% fait& s&all be %is+ualifie% to in&erit fro$ t&e innocent s#ouse b( testate an% intestate succession. Art. 44. If bot& s#ouses of t&e subse+uent $arria!e acte% in ba% fait&* sai% $arria!e s&all be )oi% ab initio an% all %onations b( reason of $arria!e an% testa$entar( %is#ositions $a%e b( one in fa)or of t&e ot&er are re)o;e% b( o#eration of law. Art. 4A. 2&e absolute nullit( of a #re)ious $arria!e $a( be in)o;e% for #ur#oses of re$arria!e on t&e basis solel( of a final 'u%!$ent %eclarin! suc& #re)ious $arria!e )oi%. Art. 45. A $arria!e $a( be annulle% for an( of t&e followin! causes* e,istin! at t&e ti$e of t&e $arria!e/ (1) 2&at t&e #art( in w&ose be&alf it is sou!&t to &a)e t&e $arria!e annulle% was 1> (ears of a!e but below 61* an% t&e $arria!e was sole$ni<e% wit&out t&e consent of t&e #arents* !uar%ian or #erson &a)in! substitute #arental aut&orit( o)er t&e #art(* in t&at or%er* unless after attainin! t&e a!e of 61* suc& #art( freel( co&abite% wit& t&e ot&er an% bot& li)e% to!et&er as &usban% an% wife8 (6) 2&at eit&er #art( was of unsoun% $in%* unless suc& #art( after co$in! to reason* freel( co&abite% wit& t&e ot&er an% bot& li)e% to!et&er as &usban% an% wife8 (9) 2&at t&e consent of eit&er #art( was obtaine% b( frau%* unless suc& #art( afterwar%s* wit& full ;nowle%!e of t&e facts constitutin! t&e frau% freel( co&abite% wit& t&e ot&er as &usban% an% wife8 (4) 2&at t&e consent of eit&er #art( was obtaine% b( force* inti$i%ation or un%ue influence* unless t&e sa$e &a)in! %isa##eare% or cease%* suc& #art( t&ereafter freel( co&abite% wit& t&e ot&er as

&usban% an% wife8 (5) 2&at eit&er #art( was #&(sicall( inca#able of consu$$atin! t&e $arria!e wit& t&e ot&er* an% suc& inca#acit( continues an% a##ears to be incurable8 or (=) 2&at eit&er #art( was afflicte% wit& a se,uall(" trans$issible %isease foun% to be serious an% a##ears to be incurable. Art. 1A6. 0#on %issolution of t&e absolute co$$unit( re!i$e* t&e followin! #roce%ures s&all a##l(/ ,,, (=) 0nless ot&erwise a!ree% u#on b( t&e #arties* in t&e #artition of t&e #ro#erties* t&e con'u!al %wellin! an% t&e lot on w&ic& it is situate% s&all be a%'u%icate% to t&e s#ouse wit& w&o$ t&e $a'orit( of t&e co$$on c&il%ren c&oose to re$ain. -&il%ren below t&e a!e of se)en (ears are %ee$e% to &a)e c&osen t&e $ot&er* unless t&e court &as %eci%e% ot&erwise. In case t&ere is no suc& $a'orit(* t&e court s&all %eci%e* ta;in! into consi%eration t&e best interests of sai% c&il%ren. Art. 16:. 0#on t&e %issolution of t&e con'u!al #artners&i# re!i$e* t&e followin! #roce%ure s&all a##l(/ ,,, (:) In t&e #artition of t&e #ro#erties* t&e con'u!al %wellin! an% t&e lot on w&ic& it is situate% s&all* unless ot&erwise a!ree% u#on b( t&e #arties* be a%'u%icate% to t&e s#ouse wit& w&o$ t&e $a'orit( of t&e co$$on c&il%ren c&oose to re$ain. -&il%ren below t&e a!e of se)en (ears are %ee$e% to &a)e c&osen t&e $ot&er* unless t&e court &as %eci%e% ot&erwise. In case t&ere is no suc& $a'orit(* t&e court s&all %eci%e* ta;in! into consi%eration t&e best interests of sai% c&il%ren. Art. 51. In sai% #artition* t&e )alue of t&e #resu$#ti)e le!iti$es of all co$$on c&il%ren* co$#ute% as of t&e %ate of t&e final 'u%!$ent of t&e trial court* s&all be %eli)ere% in cas&* #ro#ert( or soun% securities* unless t&e #arties* b( $utual a!ree$ent 'u%iciall( a##ro)e%* &a% alrea%( #ro)i%e% for suc& $atters. 2&e c&il%ren or t&eir !uar%ian* or t&e trustee of t&eir #ro#ert(* $a( as; for t&e enforce$ent of t&e 'u%!$ent. 2&e %eli)er( of t&e #resu$#ti)e le!iti$es &erein #rescribe% s&all in no wa( #re'u%ice t&e ulti$ate successional ri!&ts of t&e c&il%ren accruin! u#on t&e %eat& of eit&er or bot& of t&e #arents8 but t&e )alue of t&e #ro#erties alrea%( recei)e% un%er t&e %ecree of annul$ent or absolute nullit( s&all be consi%ere% as a%)ances on t&eir le!iti$e. ,0TC: The word 6delivered6 in par. & is wrong according to DG- as it is violative of !rt. 888( it is contrary to principles of succession. Art. 56. 2&e 'u%!$ent of annul$ent or of absolute nullit( of t&e $arria!e* t&e #artition an% %istribution of t&e #ro#erties of t&e s#ouses* an% t&e %eli)er( of t&e c&il%ren's #resu$#ti)e le!iti$es s&all be recor%e% in t&e a##ro#riate ci)il re!istr( an% re!istries of #ro#ert(8 ot&erwise* t&e sa$e s&all not affect t&eir #ersons. Art. 59. Eit&er of t&e for$er s#ouses $a( $arr( a!ain after co$#l(in! wit& t&e re+uire$ents of t&e i$$e%iatel( #rece%in! Article8 ot&erwise* t&e subse+uent $arria!e s&all be null an% )oi%. Art. 54. -&il%ren concei)e% or born before t&e 'u%!$ent of annul$ent or absolute nullit( of t&e $arria!e un%er Article 9= &as beco$e final an% e,ecutor(*

s&all be consi%ere% le!iti$ate. -&il%ren concei)e% or born of t&e subse+uent $arria!e un%er Art. 59 s&all li;ewise be le!iti$ate. Art. 9=. A $arria!e contracte% b( an( #art( w&o* at t&e ti$e of t&e celebration* was #s(c&olo!icall( inca#acitate% to co$#l( wit& t&e essential $arital obli!ations of $arria!e* s&all li;ewise be )oi% e)en if suc& inca#acit( beco$es $anifest onl( after its sole$ni<ation. Art. 59. Eit&er of t&e for$er s#ouses $a( $arr( a!ain after co$#l(in! wit& t&e re+uire$ents of t&e i$$e%iatel( #rece%in! Article8 ot&erwise* t&e subse+uent $arria!e s&all be null an% )oi%. Art. 56. 2&e 'u%!$ent of annul$ent or of absolute nullit( of t&e $arria!e* t&e #artition an% %istribution of t&e #ro#erties of t&e s#ouses* an% t&e %eli)er( of t&e c&il%ren's #resu$#ti)e le!iti$es s&all be recor%e% in t&e a##ro#riate ci)il re!istr( an% re!istries of #ro#ert(8 ot&erwise* t&e sa$e s&all not affect t&ir% #ersons. Tolentino: Effects of t&e .ettin! Asi%e of all efecti)e Marria!es "whether they are void ab initio, or voidable, or a subse$uent marriage terminated upon reappearance of a spouse presumed to be dead%: "&% There will be a li$uidation, partition, and distribution of the properties of the spouses. 7i*uidation involves the inventory of the properties and payment of the obligations of the spouses and of the marriage. Partition is the process in w/c the remaining properties will be divided into the various portions to be allocated to all the parties. 8istribution is the delivery to the spouses and the children, in the proper cases, of the shares or properties allocated to them respectively in the partition. "2% In determining the share of each spouse in the properties of the ), the properties, or their value, that had been donated in consideration of ) by the innocent spouse to the spouse in #., shall be revo4ed by operation of law and returned to the innocent spouse to become part of his distributable prop. "'% The children conceived or born bef. the *udgment becomes final are considered legitimate. The *udgment shall provide for their custody and support. Their presumptive legitime from each parent "as if the parent died and they inherit from him or her on the date of final *udgment% shall be delivered to them in cash, prop. or securities. "2% The innocent spouse may revo4e the designation of the spouse in #. as beneficiary in the former6s life insurance policy. "+% The spouse in #. shall be dis$ualified to inherit from the innocent spouse even under a will or testament. "7% The con*ugal dwelling and the lot on w/c it is built will be given to the spouse w/ whom the common children choose to remain, unless the parties agree otherwise. "8% If both spouses acted in #., all donations by reason of ) from one to the other, and all testamentary provisions made by one in favor of the other, are revo4ed by operation of law. ">% The *udgment, the partition and distribution of the prop. of the spouses, and the delivery of the children6s presumptive legitimes shall be recorded in the appropriate civil registry. "B% !fter all the foregoing, the former spouses are free to marry again( otherwise, the subse$uent ) shall be void. 5iabilit( for a$a!es."" :I;t is submitted that in an appropriate case, damages may be recovered by an in*ured party from another responsible for the nullity of a void or voidable marriage. The bais of the liability will be the commission of an unlawful act or #.. !rts. 21 and 2& of the ,-- can serve as the legal basis for an action for damages. KI. ST!TES 0. .0FCID, )!FFI!DCS.AA !rt. 27 Art. 6=. All $arria!es sole$ni<e% outsi%e t&e P&ili##ines in accor%ance wit&

t&e laws in force in t&e countr(* w&ere t&e( were sole$ni<e%* an% )ali% t&ere as suc&* s&all also be )ali% in t&is countr(* e,ce#t t&ose #ro&ibite% un%er Articles 95 (1)* (4)* (5) an% (=)* 9=* 9?* 9>. ,,,. !rt. '+ "&% "2% "+% "7% A below &> A bigamous or polygamous A mista4e as to identity A nonAregistration with the G-F of the ff: A *udgment of annulment or absolute nullity of the marriage A partition and distribution of properties of the spouses A delivery of the children6s presumptive legitimes !rt. '7 A psychological incapacity !rt. '8 A incestuous marriages !rt. '> A marriages that are void as against public policy #alane: If the marriage w/c is solemni/ed abroad is void under ?hil. law, it is considered void in the ?hils. C ceptions: !rt. '+, paragraphs 2 and '. =ovito Salonga, ?rivate International Gaw II, &BB+ ed. "hereinafter Salonga%: P&ili##ine 5aw on 3or$al 4ali%it(."" ?hil. law adheres to the imperative rule: a marriage formally valid where celebrated is valid elsewhere "the ma im locus regit actum is applied compulsorily( the law of the place of celebration, the lex loci celebrationis, is solely decisive.% ?ar. & of !rt. &8, ,-- embodies the ma im locus regit actum: <The forms and solemnities of contracts, wills, and other public instruments, shall be governed by the laws of the country in w/c they are e ecuted.< To establish a valid foreign marriage, 2 things must be proven, namely, "&% the e istence of the foreign law as a $uestion of fact( and "2% the alleged foreign marriage by convincing evidence. "Iao Lee v. SyADon/ales, supra.% Marria!e b( Pro,(."" ?ro y marriages, where permitted by the law of the place where the pro y participates in the marriage ceremony, are entitled to recognition in countries adhereing to the lex loci celebrationis rule, at least insofar as formal validity is concerned. #aviera: )arriage by pro y abroad affects formal re$uisite only. It can be argued as valid. P&ili##ine 5aw on .ubstanti)e 4ali%it(."" 9/ reference to marriages celebrated abroad, ?hil. law primarily refers to the law of the place of celebration. The general rule e pressed in the formula <valid where celebrated, valid everywhere< admits of at least 2 e ceptions: "&% in the case of .ilipino nationals who marry abroad before ?hil. consular or diplomatic officials( "2% in the saving clause of !rt. 27 par. &. !rt. 27 par. & of the .- is a domestic, internal rule applicable only to .ilipino nationals. @owever, universally incestuous marriagesAA such as those bet. parents and children or bet. brothers and sistersAA will be considered void here, whatever may be the nationality of the spouses. !s a general rule, a marriage should be upheld if valid according to the law of the place of celebration, unless the ) itself or the en*oyment of the incidents of the marital relationship would offend the stronglyAheld notions of decency and morality of a State that has a close relationship to the contracting parties. Art. 6=. ,,, @&ere a $arria!e between a 3ili#ino citi<en an% a forei!ner is )ali%l( celebrate% an% a %i)orce is t&ereafter )ali%l( obtaine% abroa% b( t&e alien s#ouse ca#acitatin! &i$ or &er to re$arr(* t&e 3ili#ino s#ouse s&all &a)e ca#acit( to re$arr( un%er P&ili##ine law. (n) (as a$en%e% b( E.O. 66?* %ate% Hul( 1?* 1:>?.)

#alane: This is the only instance where we recogni/ed foreign divorce. Ta4e note that the re$uirements in !rt. +2 need not be complied w/ because there is no such re$uirement in !rt. 27, par. 2. Re+uisites."" There are four re$uisites for this !rticle to apply: &. The marriage must be one between a .ilipino and a foreigner 2. Divorce is granted abroad. '. Divorce must have been obtained by the alien spouse 2. Divorce must capacitate the alien spouse to remarry. 3uery: Suppose the foreign spouse was a former .ilipino citi/en. Does the law re$uire that the foreign spouse was already a foreigner at the time the marriage was contracted5 !: There is no Supreme -ourt ruling on this. #ut a &BB' D0= opinion tells us that !rt. 27 does not re$uire that the alien spouse was already a foreigner at the time of the marriage. Salonga: !rt. 27 par. 2 applies to a situation where the alien spouse was the one who obtained the divorce decree abroad capacitating him or her to remarry , in w/c case the .ilipino spouse shall li4ewise have the capacity to remarry. Tolentino: This rule seems to place a .ilipino citi/en on a plane of ine$uality. The reason for this is that our law does not allow the .ilipino to see4 a foreign divorce, hence, if he obtains one, it is not recogni/ed in the ?hils. @e is sub*ect to the ?hil. law on status, wherever he goes. @istorical #ac4ground of !rt. 27, par. 2 "#C!KICF! -!SC% 4A7 OR7 4. ROMI55O :&'B S &'B "&B>+%; A !ccording to #aviera, the second paragraph of !rt. 27 was brought about by the case of Kan Dorn v. Fomillo, where the court held that an !merican husband granted absolute divorce in his country is estopped from asserting his rights over property allegedly held in the ?hilippines as con*ugal property by him and his former wife. To maintain, as the husband does, that under our laws, the wife has to be considered still married to him and still sub*ect to a wife6s obligation under the -ivil -ode cannot be *ust. ?etitioner wife should not be obliged to live together with, observe respect and fidelity, and render support to her husband. The husband should not continue to be one of her heirs with possible rights to con*ugal property. S@C S@0EGD ,0T #C DIS-FI)I,!TCD !D!I,ST I, @CF 09, -0E,TFI I. T@C C,DS 0. =ESTI-C !FC T0 #C SCFKCD. 2E7-FA4EB 4. E.-A7O :&+ S '++; A supra. "!rt. &+, ,--.%

"not in #alane6s outline% )ESGI) -0DCA ?.D. &1>' Art. 19. (1) A##lication. 2&e #ro)isions of t&is 2itle s&all a##l( to $arria!e an% %i)orce w&erein bot& #arties are Musli$s* or w&erein onl( t&e $ale #art( is a Musli$ an% t&e $arria!e is sole$ni<e% in accor%ance wit& Musli$ law or t&is -o%e in an( #art of t&e P&ili##ines. (6) In case of a $arria!e between a Musli$ an% non"Musli$* sole$ni<e% not in accor%ance wit& Musli$ law or t&is -o%e (Musli$ -o%e)* t&e -i)il -o%e of t&e P&ili##ines s&all a##l(. Art. 6:. (1) (.ubse+uent Marria!e) B( %i)orcee " (1) 7o wo$an s&all contract a subse+uent $arria!e unless s&e &as obser)e% an idda of t&ree $ont&l( courses counte% fro$ t&e %ate of %i)orce. Fowe)er* if s&e is #re!nant at t&e ti$e of t&e %i)orce* s&e $a( re$arr( onl( after %eli)er(. "not in #alane6s outline%

?C,!G S!,-TI0,S A !-T '7&', The )arriage Gaw, Secs. '1A22 .ec. 9A"9=. .u#erse%e% b( 7ew -i)il -o%e* 7ow 2itle I* 3.ec. 9?. Influencing parties in religious respects. - An( $unici#al secretar( or cler; of t&e Munici#al -ourt (now 5ocal -i)il Re!istrar)* w&o %irectl( or in%irectl( atte$#ts to influence an( contractin! #art( to $arr( or refrain fro$ $arr(in! in an( c&urc&* sect* or reli!ion or before an( ci)il aut&orit(* s&all be !uilt( of a $is%e$eanor an% s&all* u#on con)iction t&ereof* be #unis&e% b( i$#rison$ent for not $ore t&an one $ont& an% a fine of not $ore t&an two &un%re% #esos. .ec. 9>. Illegal issuance or refusal of license. - An( $unici#al secretar( (now 5ocal -i)il Re!istrar) or cler; of t&e Munici#al -ourt of Manila (5ocal -i)il Re!istrar) w&o issues a $arria!e license unlawfull( or w&o $aliciousl( refuses to issue a license to a #erson entitle% t&ereto or fails to issue t&e sa$e wit&in twent("four &ours after t&e ti$e w&en* accor%in! to law* it was #ro#er to issue t&e sa$e* s&all be #unis&e% b( i$#rison$ent for not less t&an one $ont& nor $ore t&an two (ears* or b( a fine of not less t&an two &un%re% #esos nor $ore t&an two t&ousan% #esos. .ec. 9:. Illegal solemnization of marriage. - An( #riest or $inister sole$ni<in! $arria!e wit&out bein! aut&ori<e% b( t&e irector of t&e P&ili##ine 7ational 5ibrar( (now irector of 7ational 5ibrar() or w&o* u#on sole$ni<in! $arria!e* refuses to e,&ibit &is aut&ori<ation in force w&en calle% u#on to %o so b( t&e #arties or #arents* !ran%#arents* !uar%ians* or #ersons &a)in! c&ar!e8 an% an( bis&o# or officer* #riest* or $inister of an( c&urc&* reli!ion or sect t&e re!ulations an% #ractices w&ereof re+uire banns or #ublications #re)ious to t&e sole$ni<ation of a $arria!e in accor%ance wit& section ten (su#erse%e% b( Art. =A* 7ew -i)il -o%e* now un%er Art. 16* EO 7o. 6A:* as a$en%e%)* w&o aut&ori<es t&e i$$e%iate sole$ni<ation of a $arria!e t&at is subse+uentl( %eclare% ille!al8 or an( officer* #riest or $inister sole$ni<in! $arria!e in )iolation of t&e #ro)isions of t&is act* s&all be #unis&e% b( i$#rison$ent for not less t&an one $ont& nor $ore t&an two (ears* or b( a fine of not less t&an two &un%re% #esos nor $ore t&an two t&ousan% #esos. .ec. 4A. Marriages in improper places. - An( officer* $inister* or #riest sole$ni<in! $arria!e in a #lace ot&er t&an t&ose aut&ori<e% b( t&is Act* s&all be #unis&e% b( a fine of not less t&an twent( fi)e #esos nor $ore t&an t&ree &un%re% #esos* or bot&* in t&e %iscretion of t&e court. .ec. 41. Failure to deliver marriage certificate. - An( officer* #riest or $inister failin! to %eli)er to eit&er of t&e contractin! #arties one of t&e co#ies of t&e $arria!e contract or to forwar% t&e ot&er co#( to t&e aut&orities wit&in t&e #erio% fi,e% b( law for sai% #ur#ose* s&all be #unis&e% b( i$#rison$ent for not $ore t&an one $ont& or b( a fine of not $ore t&an t&ree &un%re% #esos* or bot&* in t&e %iscretion of t&e court. .ec. 46. Affidavit on marriage "in articulo mortis." " An( officer* #riest* or $inister w&o* &a)in! sole$ni<e% a $arria!e in articulo $ortis or an( ot&er $arria!e of e,ce#tional c&aracter* s&all fail to co$#l( wit& t&e #ro)isions of -&a#ter II of t&is Act (-&a#ter 6* 2itle III* 7ew -i)il -o%e* now 2itle I* 3a$il( -o%e)* s&all be #unis&e% b( i$#rison$ent for not less t&an one $ont& nor $ore t&an two (ears* or b( a fine of not less t&an t&ree &un%re% #esos nor $ore t&an two t&ousan% #esos* nor bot&* in t&e %iscretion of t&e court. .ec. 49. Unlawful signboards. - An( #erson w&o* not bein! aut&ori<e% to sole$ni<e $arria!e* s&all #ublicl( a%)ertise &i$self* b( $eans of si!ns or #lacar%s #lace% on &is resi%ence or office or t&rou!& t&e news#a#ers* as aut&ori<e% to sole$ni<e $arria!e* s&all be #unis&e% b( i$#rison$ent for not less t&an one $ont& nor $ore t&an two (ears* or b( a fine of not less t&an fift( #esos nor $ore t&en two t&ousan% #esos* or bot&* in t&e %iscretion of t&e court.

.ec. 44. General penal clause. - An( )iolation of an( #ro)ision of t&is Act not s#ecificall( #enali<e%* or of t&e re!ulations to be #ro$ul!ate% b( t&e #ro#er aut&orities* s&all be #unis&e% b( a fine of not $ore t&en two &un%re% #esos or b( i$#rison$ent for not $ore t&an one $ont&* or bot&* in t&e %iscretion of t&e court. .ec. 45. is!ualification of priests and ministers. - An( #riest or $inister of t&e !os#el or an( %eno$ination* c&urc&* sect* or reli!ion con)icte% of t&e )iolation of an( of t&e #ro)isions of t&is Act or of an( cri$e in)ol)in! $oral tur#itu%e* s&all* in a%%ition to t&e #enalties incurre% in eac& case* be %is+ualifie% to sole$ni<e $arria!e for a #erio% of not less t&an si, $ont&s nor $ore t&an si, (ears at t&e %iscretion of t&e court. (As a$en%e% b( Act 7o. 469=). K. GCD!G SC?!F!TI0, Tolentino: i)orce an% Its Cin%s."" Divorce is the dissolution or partial suspension, by law, of the marital relation( the dissolution being termed divorce from the bond of matrimony, or a vinculo matrimonii( the suspension being 4nown as divorce from bed and board, or a mensa et thoro. The former is sometimes also called absolute, and the latter relative divorce. 5e!al .e#aration an% .e#aration of Pro#ert(."" In the former, there is a suspension of common marital life, both as to person and property, while in the latter, only the property relation is affected, and the spouses may be actually living together. 5e!al .e#aration an% .e#aration of .#ouses."" Gegal Separation "GS% can be effected only be decree of the court( but the spouses may be separated in fact w/o any *udgment of the court. Ender the ,--, any contract for personal separation between husband and wife shall be void and of no effect. :!rt. 22& "&%, ,--.; 9ith the repeal of !rt. 22&, and the omission from the .- of a similar provision, the rule prior to the ,-- is restored, and such agreements are again valid. 3orei!n i)orces."" ! foreign divorce bet. .ilipino citi/ens, sought and decreed after the effectivity of the ,--, is not entitled to recognition as valid in the ?hils. This is still the rule under the .-. #aviera case: 2E7-FA4EB 4. E.-A7O :&+ S '++ "&B7+%; A 9here the wife, a .ilipina, deserted her .ilipino husband, obtained a divorce in the E.S., married an !merican citi/en, and later herself became an !merican citi/en, the .ilipino husband is entitled to legal separation conformably to ?hilippine law and to damages. "&% ! foreign divorce between .ilipino citi/ens, sought and decreed after the effectivity of the ,ew -ivil -ode, is not entitled to recognition as valid in the ?hilippines, and neither is the marriage contracted with another party by the divorced consort, subse$uenlty to the foreign decree of divorce, entitled to validity in this country. "2% Invalid divorce entitles innocent spouse to recover damages "?2+,111 as moral damages( basis A 2&87%. "'% !n action for alienation of affection against the parents of one consort does not lie in the absence of proof of malice or unworthy motives on their part. ,ote: 9@!T IS I)?0FT!,T IS T@C -ITIJC,S@I? !T T@C TI)C 0. )!FFI!DC. #aviera A loophole: supposing the wife became an american citi/en first, then divorced her .ilipino husband, would it still constitute as adultery giving rise to legal separation5 :,0; !. DF0E,DS AR2. 55. A #etition for le!al se#aration $a( be file% on an( of t&e followin! !roun%s/ (1) Re#eate% #&(sical )iolence or !rossl( abusi)e con%uct %irecte% a!ainst t&e #etitioner* a co$$on c&il%* or a c&il% of t&e #etitioner8 (6) P&(sical )iolence or $oral #ressure to co$#el t&e #etitioner to c&an!e reli!ious or #olitical affiliation8

(9) Atte$#t of res#on%ent to corru#t or in%uce t&e #etitioner* a co$$on c&il%* or a c&il% of t&e #etitioner* to en!a!e in #rostitution* or conni)ance in suc& corru#tion or in%uce$ent8 (4) 3inal 'u%!$ent sentencin! t&e res#on%ent to i$#rison$ent of $ore t&an si, (ears* e)en if #ar%one%8 (5) ru! a%%iction or &abitual alco&olis$ of t&e res#on%ent8 (=) 5esbianis$ or &o$ose,ualit( of t&e res#on%ent8 (?) -ontractin! b( t&e res#on%ent of a subse+uent bi!a$ous $arria!e* w&et&er in t&e P&ili##ines or abroa%8 (>) .e,ual infi%elit( or #er)ersion8 (:) Atte$#t b( t&e res#on%ent a!ainst t&e life of t&e #etitioner8 or (1A) Aban%on$ent of #etitioner b( res#on%ent wit&out 'ustifiable cause for $ore t&an one (ear. 3or #ur#oses of t&is Article* t&e ter$ Ec&il%E s&all inclu%e a c&il% b( nature or a%o#tion. #alane: This is an e clusive enumeration. 0bserve that some grounds would tend to overlap w/ the grounds for annulment. In such a case, the aggrived party has the option, either to bring an action for annulment or for GS. Paragraph 2'3.%% Tolentino: The violence must be of a serious degree, but does not have to amount to an attempt against the life of the the petitioner., w/c is covered by par. "B%. The violence must be repeated, to the e tent that common life w/ def. becomes e tremely difficult for the plaintiff. It is submitted that the repeated physical violence or the grossly abusive language should be committed only by one spouse and not by both to each other. Paragraph 2$3.%% Tolentino: The physical violence or moral pressure to compel the plaintiff to change religious or political affiliation need not be repeated. ! single incident would be enough. #alane: The pressure must be undue. It becomes undue when the other spouse is deprived of the free e ercise of his or her will. Paragraph 2,3.AA Tolentino: If both spouses agree that the wife or a daughter engage in prostitution, neither one should be allowed to obtain GS, on the principle that a person should come to court w/ clean hands. Paragraph 2&3.%% Tolentino: The crime for w/c the def. was convicted is immaterial. Paragraph 293.%% #alane: This ground does not have to e ist at the time of the marriage. Distinguish this from !rt. 27 "2%. Paragraph 243.AA #alane: 3uestions.AA "&% 9ill 4nowledge of one party that the other was a lesbian or a homose ual bar the action for GS5 "2% Does homose uality contemplate se ual orientation or does it contemplate only homose ual practice. #aviera A homose uality refers to practice, not by nature( if by nature, then !rt. '7 will apply. Tolentino: 0n pars. + H 7.AA These grounds can be reason for actions for GS only when they come to e ist after the celebration of the marriage. If the defect had e isted at the time of the marriage, but the marriage had been ratified by continued cohabitation or the action to annul has prescribed, it is submitted that the action for GS may n ot be subse$uently brought. Paragraph 253.%% Tolentino: 9ould this include a subse$uent marriage by a person after a declaration of presumptive death of the other spouse5 It is submitted that every subse$uent marriage, where there is a subsisting prior marriage, should give the other spouse the right to as4 for GS. Paragraph 2+3.%% Tolentino: .e,ual Infi%elit(."" The act of a wife in having se ual

intercourse w/ any other man not her husband will constitute adultery. 0n the other hand, concubinage is committed by the husband in three ways: "&% by maintaining a mistress in the con*ugal dwelling: "2% by having se ual intercourse w/ the other woman under scandalous circumstances( and "'% by cohabiting w/ her in any other place. To e$uali/e the situation of husband and wife in this respect, the .- ma4es <se ual infidelity< sufficient ground for either to *ustify the grant of GS. .e,ual Per)ersion."" This includes all unusual or abnormal se ual practices w/c may be offensive to the feelings or sense of decency of either the husband or the wife. #ut if the act of se ual perversion is by free mutual agreement, neither party can as4 for GS, bec. they are e$ually guilty of the perverse act. #alane: Se ual ?erversion is a fle ible concept. It is basically, a cultural thing. #!G!,C -!SC: GA7 IO7-O 4. PE7ARA7 A :&++ S-F! 82+; A ! civil action for GS, based on concubinage, may proceed ahead of, or simultaneously w/, a criminal action for concubinage, bec. said civil action is not one <to enforce the civil liability arising from the offense< even if both the civil and criminal actions arise from or are related to the same offense. ! decree of GS, on the ground of concubinage may be issued upon proof of preponderance of evidence in the action for GS. ,o criminal proceeding or conviction is necessary. Paragraph 2:3.AA Tolentino: !n attempt against the life of the plaintiff spouse, as a ground for GS, implies that there is intent to 4ill. :#ut; the act against the life of the plaintiff spouse must be wrongful in order to constitute a ground for GS. #aviera: Cven if repeated physical violence, this can fall under ,o. &. Paragraph 2';3.%% Tolentino: Ender !rt. &1&, <the spouse who has left the con*ugal dwelling for a period of three months or has failed within the same period to give any information as to his or her whereabouts shall be prima facie presumed to have no intention of returning to the con*ugal dwelling. Art. 5=. 2&e #etition for le!al se#aration s&all be %enie% on an( of t&e followin! !roun%s/ (1) @&ere t&e a!!rie)e% #art( &as con%one% t&e offense or act co$#laine% of8 (6) @&ere t&e a!!rie)e% #art( &as consente% to t&e co$$ission of t&e offense or act co$#laine% of8 (9) @&ere t&ere is conni)ance between t&e #arties in t&e co$$ission of t&e offense or act constitutin! t&e !roun% for le!al se#aration8 (4) @&ere bot& #arties &a)e !i)en !roun% for le!al se#aration8 (5) @&ere t&ere is collusion between t&e #arties to obtain t&e %ecree of le!al se#aration8 or (=) @&ere t&e action is barre% b( #rescri#tion. #alane: There are other grounds that are not found in !rt. +7. "8% Death of either party pendente lite. "Gapu/ v. Cufemio, supra.% Tolentino: GS is a personal right and does not survive death. ">% Feconciliation pendente lite. "!rt. 77 par. &.% Paragraph 2'3.%% Tolentino: -on%onation as efense."" -ondonation is the forgiveness of a marital offense constituting a ground for GS, and bars the right to GS. It may be e press or implied. It is e press when signified by words or writing, and it is implied when it may be inferred from the acts of the in*ured party. #alane: -ondonation is pardon w/c comes after the offense. MA20BI. 4. PRAIE E. :&1B ? 8>> "&B71%; A The law specifically provides that legal

separation may be claimed only by the innocent spouse provided the latter has not condoned or consented to the adultery or concubinage committed by the other spouse( and plaintiff having condoned and/or consented I, 9FITI,D to the concubinage committed by the defendant husband, she is now undeserving of the court6s sympathy. #averia: The stipulation though void is e$uivalent to e press consent. Paragraph 2$3.%% -onsent."" Tolentino: -onsent is the agreement or conformity in advance of the commission of the act w/c would be a gorund for GS. Paragraph 2,3.%% -onni)ance."" Tolentino: -onnivance is distinguished from consent in that consent is unilateral, or an act of only one spouse. -onnivance implies agreement, e press or implied, by both spouses to the ground for GS. Paragraph 2&3.%% Recri$ination."" Tolentino: Fecrimination is a countercharge in a suit for GS that the complainant is also guilty of an offense consituting a ground for GS. This defense is based on the principle that a person must come to court w/ clean hands. Paragraph 293.%% Effect of -ollusion."" Tolentino: -ollusion is the agreement bet. husband and wife for one of them to commit, or to appear to commit or presented in court as having committed, a matrimonial offense, or to suppress evidence of a valid defense, for the purpose of enabling the other to obtain GS.

#. GI)IT!TI0, 0. !-TI0, Art. 5?. In action for le!al se#aration s&all be file% wit&in fi)e (ears fro$ t&e ti$e of t&e occurrence of t&e cause. Tolentino: The law does not encourage GS, and provides for prescription of the action even when the offended party has not had 4nowledge of the cause. If plaintiff does not come to 4now of the ground for GS, and + yrs. e pire from the date of its occurence, he cannot sue for GS. #aviera cases: BRO@7 4. GAMBAO :+2 0.D. &>28 "&B+8%; A In an action for legal separation on the ground of adultery filed by the husband, even though the defendant wife did not interpose the defense of prescription, nevertheless, the courts can ta4e cogni/ance thereof, because actions see4ing a decree of legal separation or annulment of marriage, involve public interest, and it is the policy of our law that no such decree be issued if any legal obstacles thereto appear upon the record. !lso, the husband was guilty of commission of the same offense by living with another woman. #aviera: This is an e ception the Fules of -ourt provision that defenses not raised in the pleadings will not be considered, since provisions on marriage are substantive in nature. -. @C!FI,D Art. 5>. An action for le!al se#aration s&all in no case be trie% before si, $ont&s s&all &a)e ela#se% since t&e filin! of t&e #etition. Tolentino: This article is intended to give the spouses a chance to reconcile. 5AP0B 4. E03EMIO :2' S &88 "&B82%; A infra. #alane: Incidental matters may be heard even during the si Amonths coolingAoff period. Fufus Fodrigue/, The .!)IGI -0DC of the ?hilippines !nnotated, 2nd ed. "hereinafter,

Fodrigue/%: During the si month period, the court may still act to determine the custody of the children, alimony and support pendente lite. ARA7E2A 4. -O7-EP-IO7 :BB ? 81B "&B+7%; A Cvidence not affecting the cause of separation, li4e the actual custody of the children, the means conducive to their welfare and convenience during the pendency of the case, should be allowed so that the court may determine which is best for their custody. .OMO.A"RAMO. 4. 4AME72A :27 S &&1 "&B82%; A !n ancillary remedy of preliminary mandatory in*unction is not barred by the si Amonth statutory suspension of trial in an action for legal separation. In this case, the wife filed a petition for legal separation, and a motion for preliminary mandatory in*unction for the return of what she calims to be her paraphernal and e clusive property. !rt. &1' ,-- is not an absolute bar to the hearing of a motion for preliminary in*unction priot to the e piration of the 7 months period. That the law remains cogni/ant of the need in certain cases for *udicial power to assert itself is discernible from what is set from what is set forth in !rt. &12 ,-- "now !rt. 7&, .-.% @ere, there would appear to be a recognition that the $uestion of management of the spouses6 respective property need not be left unresolved even during the 7 months period. !n administrator may even be appointed for the management of the prop. of the con*ugal partnership. PA-E2E 4. -ARRIAGA :2'& S-F! '2&; A "!rt +>% of the .- mandates that an action for GS must <in no case be tried before si months shall have elapsed since the filing of the petition,< obviously in order to provide the parties a <coolingAoff< period. In this interim, the court should ta4e steps toward getting the parties to reconcile. Art. 5:. 7o le!al se#aration $a( be %ecree% unless t&e -ourt &as ta;en ste#s towar% t&e reconciliation of t&e s#ouses an% is full( satisfie%* %es#ite suc& efforts* t&at reconciliation is &i!&l( i$#robable. Tolentino: The effort of the -ourt is not limited to the period before trial "at least 7 mos.% but may be continued even after trial and before *udgment is rendered.

Art. =A. 7o %ecree of le!al se#aration s&all be base% u#on a sti#ulation of facts or a confession of 'u%!$ent. In an( case* t&e -ourt s&all or%er t&e #rosecutin! attorne( or fiscal assi!ne% to it to ta;e ste#s to #re)ent collusion between t&e #arties an% to ta;e care t&at t&e e)i%ence is not fabricate% or su##resse%.

#!G!,C -!SC: E O-AMPO 4. 35ORE7-IA7O :&18 ? '+ "&B71%; A 9here the husband, after finding the wife guilty of adultery sent her to )anila to study beauty culture, and there she committed another adultery with a different man, and the husband filed a petition for legal separation, the wife6s admission to the investigating fiscal that she committed adultery, in the e istence of evidence of adultery other than such confession, is not the confession of *udgment disallowed by the -ode. 9hat is prohibited is a confession of *udgment A a confession done in court or through a pleading. "&% <9here there is evidence of the adultery independently of the defendant6s statement agreeing to the legal separation, the decree of separation should be granted, since it would not be based on the confession but upon the evidence presented by the plaintiff. 9hat the law prohibits is a *udgment based CM-GESIKCGI on defendant6s confession.<

"2% The failure of the husband to actively search for his wife who left the con*ugal home after his discovery of her illicit affairs, and to ta4e her home does not constitute the condonation or consent to the adultery. It was not his duty to search for her. "'% The petition should be granted based not on the first adultery, which has already prescribed, but on the second adultery, which has not yet prescribed. A%a#te%. &. FID@TS !,D 0#GID!TI0,S 0. ?!FTICS Art. =1. After t&e filin! of t&e #etition for le!al se#aration* t&e s#ouses s&all be entitle% to li)e se#aratel( fro$ eac& ot&er. 2&e court* in t&e absence of a written a!ree$nt between t&e s#ouses* s&all %esi!nate eit&er of t&e$ or a t&ir% #erson to a%$inister t&e absolute co$$unit( or con'u!al #artners&i# #ro#ert(. 2&e a%$inistrator a##ointe% b( t&e court s&all &a)e t&e sa$e #owers an% %uties as t&ose of a !uar%ian un%er t&e Rules of -ourt. #alane case: .ABA5O7E. 4. -A :2'1 S-F! 8B; A <n case of an action for legal separation, where the spouses did not agree as to who will administer the con/ugal partnership, the )ourt may appoint one of the spouses. =uch appointment may be implied. 9hile it is true that not formal designation of the administrator has been made, such designation was implicit in the decision of the trial court denying the petitioner any share in the con*ugal properties "and thus also dis$ualifying him as administrator thereof.% That designation was in effect approved by the -! when it issued in favor of the resp. wife the preliminary in*unction now under challenge. Art. =6. urin! t&e #en%enc( of t&e action for le!al se#aration* t&e #ro)isions of Article 4: s&all li;ewise a##l( to t&e su##ort of t&e s#ouses an% t&e custo%( an% su##ort of t&e co$$on c&il%ren. Art. 4:. urin! t&e #en%enc( of t&e action an% in t&e absence of a%e+uate #ro)isions in a written a!ree$ent between t&e s#ouses* t&e -ourt s&all #ro)i%e for t&e su##ort of t&e s#ouses an% of t&eir co$$on c&il%ren. 2&e -ourt s&all !i)e #ara$ount consi%eration to t&e $oral an% $aterial welfare of sai% c&il%ren an% t&eir c&oice of t&e #arent wit& w&o$ t&e( wis& to re$ain as #ro)i%e% for in 2itle II. It s&all also #ro)i%e for a##ro#riate )isitation ri!&ts of t&e ot&er #arent. Tolentino: Effects of 3ilin! Petition/ "&% The spouses can live separately from each other "2% The administration of the common prop., whether in absolute community or con*ugal partnership of gains, shall be given by the -ourt to either of the spouses or to a third person, as is best for the interests of the community. "'% In the absence of a written agreement of the spouses, the -ourt shall provide for the support bet. the spouses and the custody and support of the common children, ta4ing into account the welfare of the children and their choice of the parent w/ whom they wish to remain. "2% 9hen the consent of one spouse to any transaction of the other is re$uired by law, *udicial authori/ation shall be necessary, unless such spouse voluntarily gives such consent. Ali$on( E#en%ente lite.E"" During the pendency of the suit for legal separation upon a complaint filed and admitted, it is the duty of the court to grant alimony to the wife and to ma4e provisions for the support of the children not in the possession of the father. Should def. appear to have means to pay alimony and refuses to pay, either an order of e ecution may be issued or a penalty for contempt may be imposed, or both. -usto%( of t&e -&il%ren."" 9hile the action is pending, the custody of the children may be

determined in one of two ways: "&% by agreement of the spouses w/c shall not be distrubed unless pre*udicial to the children( and "2% by court order, w/c shall be based on the sound discretion of the *udge, ta4ing into account the welfare of the children as the ruling consideration. #aviera case: 5ERMA 4. -A :7& S 221 "&B82%; A 9here the husband filed a complaint for adultery against the wife, and the wife filed a petition for legal separation in bad faith, the wife having been convicted of adultery in the meantime, she is not entitled to support pendente lite. <The right to separate support and maintenance, even from the con*ugal partnership property, presupposes the e istence of a *ustifiable cause for the spouse claiming such right to live separately. ! petition in bad faith, such as that filed by the one who is himself or herself guilty of an act which constitutes a ground for legal separation at the instance of the other spouse, cannot be considered as within the intendment of the law granting separate support.<

2. C..C-T 0. DC!T@ 0. ! S?0ESC #!KICF! -!SCS: 5AP0B 4. E03EMIO :2' S &88 "&B82%; A The death of the plaintiff #C.0FC a decree of legal separation abates such action. <!n action for legal separation which involves nothing more than bedAand board separation of the spouses is purely personal. The -ivil -ode recogni/es this "&% by allowing ony the innocent spouse "and no one else% to claim legal separation( "2% by providing that the spouses can, by their reconciliaton, stop or abate the proceedings and even rescind a decree of legal separation already granted. #eing personal in character, it follows that the death of one party to the action causes the death of the action itself A actio personalis moritur cum persona.< Cven if property rights are involved, because these rights are mere effects of the decree of legal separation, being rights in e pectation, these rights do not come into e istence as a result of the death of a party. !lso under the Fules of court, an action for legal separation or annulment of marriage is not one which survives the death of spouse. MA-A A7G A7G 4. -A :&1> S '&2 "&B>&%; A The death of a spouse !.TCF a final decree of legal separation has no effect on the legal separation. The law clearly spells out the effect of a final decree of legal separation on the con*ugal property. Therefore, upon the li$uidation and distribution conformably with the effects of such final decree, the law on intestate succession should ta4e over the disposition of whatever remaining properties have been allocated to the deceased spouse.

D. DC-FCC 0. GCD!G SC?!F!TI0, &. C..C-TS Art. =9. 2&e %ecree of le!al se#aration s&all &a)e t&e followin! effects/ (1) 2&e s#ouses s&all be entitle% to li)e se#aratel( fro$ eac& ot&er* but t&e $arria!e bon%s s&all not be se)ere%8 (6) 2&e absolute co$$unit( or t&e con'u!al #artners&i# s&all be %issol)e% an% li+ui%ate% but t&e offen%in! s#ouse s&all &a)e no ri!&t to an( s&are of t&e net #rofits earne% b( t&e absolute co$$unit( or t&e con'u!al #artners&i#* w&ic& s&all be forfeite% in accor%ance wit& t&e #ro)isions of Article 49 (6)8 Art. 49. 2&e ter$ination of t&e subse+uent $arria!e referre% to in t&e #rece%in! Article s&all #ro%uce t&e followin! effects/ ,,, (6) 2&e absolute co$$unit( of #ro#ert( or t&e con'u!al #artners&i#* as t&e case $a( be* s&all be %issol)e% an% li+ui%ate%*

but if eit&er s#ouse contracte% sai% $arria!e in ba% fait&* &is or &er s&are of t&e net #rofits of t&e co$$unit( #ro#ert( or con'u!al #artners&i# #ro#ert( s&all be forfeite% in fa)or of t&e co$$on c&il%ren or* if t&ere are none* t&e c&il%ren of t&e !uilt( s#ouse b( a #re)ious $arria!e or* in %efault of c&il%ren* t&e innocent s#ouse8 (9) 2&e custo%( of t&e $inor c&il%ren s&all be awar%e% to t&e innocent s#ouse* sub'ect to t&e #ro)isions of Article 619 of t&is -o%e8 an% Art. 619. In case of se#aration of t&e #arents* #arental aut&orit( s&all be e,ercise% b( t&e #arent %esi!nate% b( t&e -ourt. 2&e -ourt s&all ta;e into account all rele)ant consi%erations* es#eciall( t&e c&oice of t&e c&il% o)er se)en (ears of a!e* unless t&e #arent c&osen is unfit. 7o c&il% un%er se)en (ears of a!e s&all be se#arate% fro$ t&e $ot&er* unless t&e court fin%s co$#ellin! reasons to or%er ot&erwise. (4) 2&e offen%in! s#ouses s&all be %is+ualifie% fro$ in&eritin! fro$ t&e innocent s#ouse b( intestate succession. Moreo)er* #ro)isions in fa)or of t&e offen%in! s#ouse $a%e in t&e will of t&e innocent s#ouse s&all be re)o;e% b( o#eration of law. #alane: There are four "2% other effects "+% "7% "8% ">% '82, ,--.% Donation propter nuptias may be revo4ed by the innocent spouse. "!rt. 72.% Designation of the guilty spouse in the insurance policy may be revo4ed. "id.% -essation of the obligation of mutual support. "!rt. &B>.% 9ife may continue using the surname before the decree of legal separation. "!rt.

Tolentino: .u##ort an% Assistance."" !fter the decree of GS, the obligation of mutual support bet. the spouses ceases( however, the court may order that the guilty spouse give support to the innocent spouse. "!rt. &B>.% .uccessional Ri!&ts."" The guilty spouse, by virtue of the decree of GS becomes dis$ualified to succeed the innocent spouse. She would not even be entitled to the legitime. #ut if the will is e ecuted after the decree, the disposition in favor of the offender shall be valid. #alane case: 5E E.MA 4. I72E.2A2E E.2A2E O3 PE RO.A :2&B S-F! >17; A The law mandates the dissolution and li$uidation of the prop. regime of the spouses upon finality of the decree of GS. Such dissolution and li$uidation are necessary conse$uences of the final decree. This legal effect of the decree of legal separation ipso facto or automatically follows, as an inevitable incident of, the *udgment decreeing the GS for the purpose of determining the share of each spouse in the con*ugal assets. "citing )acadangdang v.-!, &1> S-F! '&2.% Art. =4. After t&e finalit( of t&e %ecree of le!al se#aration* t&e innocent s#ouse $a( re)o;e t&e %onations $a%e b( &i$ or b( &er in fa)or of t&e offen%in! s#ouse* as well as t&e %esi!nation of t&e latter as a beneficiar( in an( insurance #olic(* e)en if suc& %esi!nation be sti#ulate% as irre)ocable. 2&e re)ocation of t&e %onation s&all be recor%e% in t&e re!istries of #ro#ert( in t&e #laces w&ere t&e #ro#erties are locate%. Alienations* liens an% encu$brances re!istere% in !oo% fait& before t&e recor%in! of t&e co$#laint for re)ocation in t&e re!istries of #ro#ert( s&all be res#ecte%. 2&e re)ocation of or c&an!e in t&e %esi!nation of t&e insurance beneficiar( s&all ta;e effect u#on written notification t&ereof to t&e insure%. 2&e action to re)o;e t&e %onation un%er t&is Article $ust be brou!&t wit&in 5 (ears fro$ t&e ti$e t&e %ecree of le!al se#aration beco$e final.

2. FC-0,-IGI!TI0, Art. =5. If t&e s#ouses s&oul% reconcile* a corres#on%in! 'oint $anifestation un%er oat& %ul( si!ne% b( t&e$ s&all be file% wit& t&e court in t&e sa$e #rocee%in! for le!al se#aration. Tolentino: -once#t of Reconciliation."" Feconciliation is a mutual agreement to live together again as husband and wife. It must be voluntary mutual agreement. It is submitted that the fact of resuming common life is the essence of reconciliation and terminates the legal separation even if the *oint manifestation has not been filed in court. #alane: -ontrary view.AA Technically, what will set aside the decree of GS is the filing of a *oint verified manifestation of reconciliation. 9ithout that, the court cannot act motu proprio. Art. ==. 2&e reconciliation referre% to in t&e #rece%in! Article s&all &a)e t&e followin! conse+uences/ (1) 2&e le!al se#aration #rocee%in!s* if still #en%in!* s&all t&ereb( be ter$inate% at w&ate)er sta!e8 an% (6) 2&e final %ecree of le!al se#aration s&all be set asi%e* but t&e se#aration of #ro#ert( an% an( forfeiture of t&e s&are of t&e !uilt( s#ouse alrea%( effecte% s&all subsist* unless t&e s#ouses a!ree to re)i)e t&eir for$er #ro#ert( re!i$e. 2&e court or%er containin! t&e fore!oin! s&all be recor%e% in t&e #ro#er ci)il re!istries. #alane: Effects of Reconciliation/ "&% -ustody over the children.AA =oint custody is restored. "2% -ompulsory and intestate succession is restored. "'% Testamentary succession.AA There is no revival. Feconciliation will not necessarily revive the institution of the guilty spouse in the will of the innocent spouse. "2% Donation propter nuptias will remain revo4ed. Art. =?. 2&e a!ree$ent to re)i)e t&e for$er #ro#ert( re!i$e referre% to in t&e #rocee%in! Article s&all be e,ecute% un%er oat& an% s&all s#ecif(/ (1) 2&e #ro#erties to be contribute% anew to t&e restore% re!i$e8 (6) 2&ose to be retaine% as se#arate% #ro#erties of eac& s#ouse8 an% (9) 2&e na$es of all t&eir ;nown cre%itors* t&eir a%%resses an% t&e a$ounts owin! to eac&. 2&e a!ree$ent of re)i)al an% t&e $otion for its a##ro)al s&all be file% wit& t&e court in t&e sa$e #rocee%in! for le!al se#aration* wit& co#ies of bot& furnis&e% to t&e cre%itors na$e% t&erein. After %ue &earin!* t&e court s&all* in its or%er* ta;e $easures to #rotect t&e interest of cre%itors an% suc& or%er s&all be recor%e% in t&e #ro#er re!istries of #ro#erties. 2&e recor%in! of t&e or%er in t&e re!istries of #ro#ert( s&all not #re'u%ice an( cre%itor not liste% or not notifie%* unless t&e %ebtor"s#ouse &as sufficient se#arate #ro#erties to satisf( t&e cre%itor's clai$. Tolentino: 7ew Re!i$e."" The .- authori/es the spouses to agree to <revive their former property regime.< 9e submit that this is not restrictive and does not limit the spouses to the regime they had before the decree of GS. The spouses are placed in the same position as before the marriage and could establish the property regime they want, as if ma4ing a marriage settlement. If they do not agree on any system, then by law their new regime will be that of separation of property.

K. FID@TS !,D 0#GID!TI0,S #CT9CC, @ES#!,D !,D 9I.C Tolentino: ual As#ect of 3a$il( Relations."" There are 2 aspects in family relations, one internal and another e ternal. In the internal aspect, w/c is essentially natural and moral, the family is commonly 4nown to be sacred and inaccessible even to the law. It is only in the e ternal aspects, where third persons and the public interest are concerned, that the law fi es rules regulating family relations. !. I, DC,CF!G Art. =>. 2&e &usban% an% wife are obli!e% to li)e to!et&er* obser)e $utual lo)e* res#ect an% fi%elit(* an% ren%er $utual &el# an% su##ort. #alane: These are called legal obligations but they are more of a statement of policy. !n action for specific performance is not proper to enforce these obligations. The only possible conse$uences are found in !rt.&11 for !-? and &28 for -?D. 9ith regard to the mutual obligation of fidelity, there are conse$uences both civil and criminal "adultery or concubinage.%. 9ith respect to support, there are legal provisions in the .- w/c carry out the duty. Tolentino: Ri!&t of -o&abitation."" )arriage entitles the husband and wife to each other6s society, that is, they are mutually entitled to cohabitation or consortium. This means that they shall have a common life, under the same roof, to better fulfill those obligations inherent in the matrimonial status. .co#e of Ri!&t."" The right of cohabitation includes domestic and se ual community of the spouses, the e tent of both of w/c will differ according to the circumstances. :T;he spouses will be considered as living together, although driven by the stress of circumstances or pecuniary difficulties to separate, if there is no intention on the part of either to sever their marital relations permanently. #ut for the purpose of the law, only the tangible and material aspect of cohabitation can be ta4en into account. The law is powerless to impose that intimacy of life w/c is the basis of con*ugal peace and happiness. .e,ual Relations."" !lthough a husband is entitled to se ual relations w/ his wife, and it is not rape to force the wife to have se ual relations against her will, this right is not absolute. The right involves only normal intercourse. 5e!al .anction for -o&abitation."" -ohabitation by the parties must be spontaneous and cannot be imposed by the law or the courts. The only possible sanction is patrimonial in nature. If the husband refuses to live w/ the wife, he can be compelled to pay her a pension, and indemnity for damages( and if the wife refuses to live w/ the husband, he can refuse to support her. 0se of 3orce."" The husband cannot by the use of force, even of public authority, compel the wife to return home. Such remedy would be a violation of personal dignity and security. )odern law abhors imprisonment for debt, and coercive measures to compel the wife to live w/ the husband would be worse than imprisonment for debt. Re$e%ies for Interference.""!ny person who interferes w/ the right of the spouses to cohabitation may be held liable for damages under !rt. 27, .-. Mutual 3i%elit(."" This fidelity is the loyalty w/c each should observe toward the other, the wife having nothing to do w/ another man, nor the husband w/ another woman. Mutual Fel#."" )utual help involves care during sic4ness, and bearing the inconvenience caused by such sic4ness, of the other spouse. The obligation of mutual help, however, is not limited to material assistance and care during sic4ness. It e tends to everything that involves moral assistance, and mutual affection and regard.

There are positive legal provisions w/c reveal the scope of this duty and implement the general rule laid down in the present article. !mong them are: "&% the legitimacy of defense of a spouse "!rt. &&, F?-%( "2% the increase in penalty in a crime by one spouse against the person of the other "!rt. 227, id.%( "'% the incapacity of one spouse to testify against the other "F&2', Sec. 27, F0-%( "2% the right of one spouse to ob*ect to adoption of or by the other "!rts. &>+ and &>>%( and "+% the prohibition of donations between them "!rt. >8.% 5e!al .anction."" The only aspect of the obligation of mutual help for w/c there is a legal sanction is the duty to support. This can be enforced by court action. #ut the law cannot penetrate to the intimate relations in the home in order to enforce the mutual obligations of care, of moral assistance, and of mutual affection and regard. Position of .#ouses in t&e 3a$il(."" The perfect parity of rights and duties of @ H 9 has to be reconciled w/ the need for unity of direction in the family. Since the power of direction cannot be vested at the same time in 2 persons, the e istence of a head of the family becomes imperative( and both nature and tradition have given this prerogative to the husband This power of the @ as head of the family, however, is not composed of rights and prerogatives, but of duties and responsibilities, bec. the @ does not use it for his personal benefit but for the greater and higher interests of the family. -&astise$ent of @ife."" -hastisement is unlawful, and it has been held that the @ should not be permitted to inflict personal chastisement upon his wife, even for the grossest outrage. The only possible e ception to this rule under our law is that given in !rt. 228 of the F?-, w/c provides that: Art. 64?. An( le!all( $arrie% #erson w&o* &a)in! sur#rise% &is s#ouse in t&e act of co$$ittin! se,ual intercourse wit& anot&er #erson* s&all ;ill an( of t&e$ or bot& of t&e$ in t&e act or i$$e%iatel( t&ereafter* or s&all inflict u#on t&e$ an( serious #&(sical in'ur(* s&all suffer t&e #enalt( of %estierro. If &e s&all inflict u#on t&e$ #&(sical in'uries of an( ot&er ;in%* &e s&all be e,ce$#t fro$ #unis&$ent. 5o)e Between .#ouses."" )utual love cannot be compelled or imposed by court action. #!G!,C -!SCS: ARROGO 4. 4A.10EB :22 ? +2; A Def. is under obligation both moral and legal, to return to the common home and cohabit w/ plaintiff. #ut the great weight of authorities, however, is strongly convincing that it is not w/in the province of the courts in the ?hils. to compel anyone of the spouses to cohabit w/ and render con*ugal rights to the other. 4A7 OR7 4. ROMI55O :&'B S-F! &'B; A supra. "!rt. &+ ,--.%

To maintain, as private resp. does, that under our laws, petitioner has to be considered as still married to private resp. and still sub*ect to a wife6s obligations under !rt. &1B et se*. of the ,-- cannot be *ust. ?etitioner should not be obliged to live together w/, observe respect and fidelity, and render support to private resp. The latter should not continue to be one of the heirs w/ possible rights to con*ugal property. She should not be discriminated against in her own country if the ends of *ustice are to be served. Art. =:. 2&e &usban% an% wife s&all fi, t&e fa$il( %o$icile. In case of %isa!ree$ent* t&e court s&all %eci%e. 2&e court $a( e,e$#t one s#ouse fro$ li)in! wit& t&e ot&er if t&e latter s&oul% li)e abroa% or t&ere are ot&er )ali% an% co$#ellin! reasons for t&e e,e$#tion. Fowe)er* suc& e,e$#tion s&all not a##l( if t&e sa$e is not co$#atible wit& t&e soli%arit( of t&e fa$il(. #alane: parties. The power to fi residence is *oint. 9hatever residence is fi ed should bind both

Tolentino: The right to fi family domicile includes the right to change it, so long as the spouses agree to the transfer. .e#arate Resi%ence."" It can be said that any of the grounds for GS would be sufficient for a spouse to have a separate domicile, if he or she prefers that to GS. Art. ?A. 2&e s#ouses are 'ointl( res#onsible for t&e su##ort of t&e fa$il(. 2&e e,#enses for suc& su##ort an% ot&er con'u!al obli!ations s&all be #ai% fro$ t&e co$$unit( #ro#ert( an%* in t&e absence t&ereof* fro$ t&e inco$e of or fruits of t&eir se#arate #ro#erties. In case of insufficienc( or absence of sai% inco$e or fruits* suc& obli!ations s&all be satisfie% fro$ t&eir se#arate #ro#erties. #alane: !rt. 81 is an implementation of the third duty of the spouses, that of support. -orrelate this w/ !rt. &B2. 9here to get the funds5 There are three sources in the order of priority: &. .rom the common property 2. .rom the income or fruits of the separate property ,ote: ,umbers & and 2 are different sources only if the property relationship is !-?. In -?D, numbers & and 2 will be the same. '. .rom the separate property themselves. Art. ?1. 2&e $ana!e$ent of t&e &ouse&ol% s&all be t&e ri!&t an% %ut( of bot& s#ouses. 2&e e,#enses for suc& $ana!e$ent s&all be #ai% in accor%ance wit& t&e #ro)isions of Article ?A. Tolentino: @&at Pro#erties Answerable."" The order of liability for family support of the different properties of the marriage is: first, the community prop., then the income of the spouses or fruits of their separate properties, and finally, the separate properties of the spouses. The liability of the spouses for the support of the family being *oint, this may mean that they contribute e$ually, regardless of the value of the respective properties of the spouses. @owever, this would not be e$uitable. The better rule seems to be that the contribution should be proportionate to the properties of the spouses. Mana!e$ent of Fouse&ol%."" In view of the silence of the law on how the disagreement bet. the spouses in the management of the household shall be settled, the custom should be observed, and the wife6s position should be given priority. Art. ?6. @&en one of t&e s#ouses ne!lects &is or &er %uties to t&e con'u!al union or co$$its acts w&ic& ten% to brin! %an!er* %is&onor or in'ur( to t&e ot&er or to t&e fa$il(* t&e a!!rie)e% #art( $a( a##l( to t&e court for relief. Tolentino: @&at Relief Ma( Be Grante%."" Ender the ,--, when one party applies for relief bec. of the acts or negligence of the other spouse, <the court may counsel the offender to comply with his or her duties, and ta4e such measures as may be proper.< ,otwithstanding this omission in the .-, we believe that the court has full freedom to determine the 4ind of relief that may be given. The relief, however, must be lawful. Art. ?9. Eit&er s#ouse $a( e,ercise an( le!iti$ate #rofession* occu#ation* business or acti)it( wit&out t&e consent of t&e ot&er. 2&e latter $a( ob'ect onl( on )ali%* serious* an% $oral !roun%s. In case of %isa!ree$ent* t&e court s&all %eci%e w&et&er or not/ (1) 2&e ob'ection is #ro#er* an% (6) Benefit &as accrue% to t&e fa$il( #rior to t&e ob'ection or t&ereafter. If t&e benefit accrue% #rior to t&e ob'ection* t&e resultin! obli!ation s&all be enforce%

a!ainst t&e communit" propert". If t#e benefit accrued t#ereafter$ suc# obligation s#all be enforced against t#e se#arate #ro#ert( of t&e s#ouse w&o &as not obtaine% consent. 2&e fore!oin! #ro)isions s&all not #re'u%ice t&e ri!&ts of cre%itors w&o acte% in !oo% fait&. (wor%s in italics were o$itte% in t&e te,t t&at Malacanan! release%.) Tolentino: is#osition of Pro%ucts of Acti)it(."" )ay the husband or wife engaged in a profession or business freely dispose of the products of such activity5 ! distinction should be observed. If the disposition is in the course of the professional or commercial activity, the spouse should be free to dispose of the products of such activity. #ut if the funds will be used to buy real estate, then the spouse should act *ointly, if the property regime of the marriage is absolute community or con*ugal partnershiup of gains, bec. such funds are common prop. of the marriage.

#. 0#GID!TI0, T0 GIKC T0DCT@CF ARROGO 4. ARROGO :22 S +2 "&B2&%; A The courts can ma4e a *udicial declaration of abandonment without sufficient *ustification but it cannot compel cohabitation, consortium being a purely personal right. @owever, the courts can impose economic sanctions or such un*ustified departure from the con*ugal dwelling. PEREB 4. PEREB :&1B ? 7+7 "&B71%; A )aterial in*ury as used in !rticle &&7 of the -ivil -ode "!rt. 82 of the .amily -ode% does ,0T refer to patrimonial "economic% in*ury or damage, but to personal "i.e. physiical or moral% in*ury to one of the spouses since !rt. &&7 lies in the chapter concering ?CFS0,!G FCG!TII0,S between husband and wife.