III.

MARRIAGE
A. DEFINITION AND NATURE OF MARRIAGE
Definition of Marriage:
1. A special contract
2. of permanent union
3.between a man and a woman
4.entered into in accordance with law
5. for the establishment of conjugal and family life.
6.It is the foundation of the family and
7. an inviolable social institution
8. whose nature, consequences, and incidents are governed by law and not subject to stipulation,
9.except that marriage settlements may fix the property relations during the marriage within the limits
provided by this Code. (Art. 1, FC)
Breach of promise to marry:
Tanjanco v. CA
Breach of promise to marry is not an actionable wrong. The fact that the woman agreed to have sexual
intercourse for a year does not constitute seduction but mutual passion.
Wassmer v. Velez
While mere breach is not an actionable wrong, Velez is still liable under Art. 21 of the Civil Code which
provides that when a person willfully causes loss or injury contrary to good custom, he shall compensate
the latter for damages (costs of the wedding preparations).It is the abuse of right which can be a cause
for moral or material damages.
Trinidad v. CA
Absence of a marriage certificate is not proof of absence of marriage. To prove the fact of marriage, the
following would constitute competent evidence: (1) the testimony of witnesses to matrimony; (2) the
couples public cohabitation; and (3) birth and baptismal certificates of children born during the union.
Presumption of marriage:
In case of doubt, all presumptions favor the solidarity of the family.
Thus, every intendment of law or facts leans towards the validity of marriage, the indissolubility of the
marriage bonds, etc.(Art. 221, FC)
B.ESSENTIAL REQUISITES OF MARRIAGE
1. Legal Capacity of contracting parties who must be Male and Female;
2.Consent freely given in the presence of the solemnizing officer.(Art. 2, FC)
Jones v. Hallahan
A license to enter into a same-sex marriage is a nullity since the parties are incapable of entering into a
marriage as the term is defined. Marriage is defined by law as one entered into by a man and a woman.
People v Santiago
When a person only married another to avoid prosecution because he raped her the same morning, the
marriage is void for absence of consent on the part of the rapist. It was a mere ruse for him to escape
criminal liability.
Effects of absence of and defect in the requisites of marriage:(Art. 4, FC)

Except when it is solemnized by an unauthorized person with either or both contracting parties having
good faith that he had authority to do so(Art 35, par. 2)
C.FORMAL REQUISITES OF MARRIAGE
(SO-ML-MC)
1.Authority of the solemnizing officer;
2.A valid marriage license;
3.Marriage ceremony (Art 3, FC)
a. Authority of solemnizing officer
Who are authorized to solemnize marriages? (JPSMCM)
1. Any incumbent member of the judiciary within the courts jurisdiction(Art. 7, par. 1);
2.Any priest, rabbi, imam, or minister of any church or religious sect
a.Must be authorized by his church or religious sect.
b. Must be registered with the civil registrar general.
c. Must act within the limits of the written authority granted by the Church.
d.At least one of the parties must be a member of the church or religious sect to which the solemnizing
officer belongs.(Art. 7, par. 2)
3.Ship captain or airplane chief in the following cases;
a.Where one or both of the parties are in articulo mortis,
b.While the ship is at sea or
c.While the plane is in flight, or
d.At stopovers or ports of call (Art 7, par. 3; Art 31, FC).
4.Any military commander of a unit to whicha chaplain is assigned, in the absence of the latter(Art 7,
par. 4 FC);
a.Can only solemnize marriages in articulo mortis between persons within the zone of military
operation, whether members of the armed forces or civilians(Art 32, FC).
5.Consul-general, consul, or vice consul(Art.7, par. 5 FC)
a.Can solemnize marriages between
Filipino citizens abroad. The issuance of the marriage license and the duties of the local civil registrar
shall also be performed by said consular official.(Art. 10, FC)
6. Mayors(LGC)
b. Marriage License
Marriages exempt from marriage license requirement: (ARMC)
1. Marriage in articulo mortis (Art. 27, FC)
2.Marriage in remote and inaccessible places (Art. 28, FC)
3.Marriages by Muslims and cultural minorities.(Art. 33, FC)
4.Marriage by parties with who have cohabited for at least 5 years.(Art. 34, FC)
Ninal v Badayog
There must be no legal impediment during the entire five or more years that the parties a reliving as
husband and wife.
Things to do at the local civil registrar:
a)File an application of marriage license at the proper local civil registrar.(Art.11, FC)
b) Present birth or baptismal certificate. (Art. 12, FC)
c)If aged18-21 years, present parental consent.(Art. 14, FC)
d)If aged21-25, present parental advice.(Art. 15, FC)
e) If aged18-25, present certificate of marriage counseling from your priest. (PD 965)
f)Pay the required fees.(Art 19, FC)
g)Ifforeigner, present certificate of legal capacity issued by diplomat or consular officials.(Art. 21, FC)
c. Marriage Ceremony
There is no particular form or religious rite required by law.(Art. 6, FC)
Minimum requirements by law:
1.The contracting parties appear personally before the solemnizing officer
2.They declare in the presence of at least two witnesses of legal age,
3.That they take each other as husband and wife
4.The declaration shall be contained in the marriage certificate,
5.Which shall be signed by the contracting parties and their witnesses and attested by the solemnizing
officer.(Art. 6, FC)
Note: In a marriage in articulo mortis, when one or both parties are unable to sign the marriage
certificate, it shall be sufficient for one of the witnesses to write the name of said party, which shall be
attested by the solemnizing officer.(Art 6, par. 2)
Places where marriage may be celebrated (CCO):(Art. 8, FC)
General Rule:
1.Chambers of the judge or in open court;
2.Church, chapel, or temple
3. Office of the Consul-general, consul, or vice-consul, as the case may be.
Exceptions:
1.Marriage in articulo mortis;
Marriage in a remote place in accordance with Art. 29;
3. Where both of the parties request the solemnizing officer in writing, in which case the marriage may
be solemnized at a house or place designated by then in a sworn statement.
D. MARRIAGES CELEBRATED ABROAD
General Rule:
Marriages solemnized outside the RP in accordance with the law of the foreign country shall be valid in
the Philippines (lex loci celebrationis).(Art. 26, FC)
Exceptions: (AgeBI53PIPP)
1. Marriage between persons below 18 years old Art. 35(1)
2. Bigamous or polygamous marriage Art. 35(4)
3.Mistake in identity Art. 35 (5)
4.Marriages void under Article 53 Art.
35 (6)
5.Psychological incapacity Art. 36
6.Incestuous marriages Art. 37
7. Marriage void for reasons of public
policy Art. 38
IV. VOID MARRIAGES
A. GROUNDS
a. Under Art. 35
1. Contracted by anyone below 18 years old, even with consent of parents
2. Solemnized by anyone not authorized to do so,
a. except when one or both parties believe that the solemnizing officer had authority to do so.
3. There is no marriage license,
a. except in marriage under exceptional circumstances
4. It is bigamous or polygamous,
a. except when first spouse has been absent for four years, or two years under extraordinary
circumstances, and the remaining spouse has a well-founded belief that the absent spouse is dead, and
is judicially declared presumptively dead.(Art. 41)
5.There is a mistake in identity of the other contracting party.
6. The subsequent marriage is void under Art. 53:
a. Marriage is void when Art. 52 is not complied with: the following must be recorded in the appropriate
civil registry

PERSONS & FAMILY RELATIONS
CIVIL LAW
i. Judgment of annulment or of absolute nullity of marriage;
ii.Partition and distribution of the properties of the spouses
iii. Delivery of presumptive legitimes of the children.
b. Under Art. 36
7.Psychological incapacity of any contracting party, at the time of the celebration of the marriage, to
comply with the essential marital obligations.
c. Under Art. 37
(Incestuous Relationships)
8. Between ascendants and descendants of any degree, legitimate or illegitimate.
9.Between brothers and sisters, whether full or half-blood, legitimate or illegitimate.
d. Under Art. 38
(For Reasons of Public Policy)
10.Between collateral blood relatives, legitimate or illegitimate, up to the fourth civil degree.
11.Between step-parents and step-children.
12.Between parents-in-law and children-in- law.
13.Between adopting parent and adopted
child.
14.Between the surviving spouse of the
adopting parent and the adopted child.
15.Between the surviving spouse of the adopted child and the adopter.
16.Between an adopted child and a legitimate child of the adopter.
17.Between adopted children of the same adopter.
18.Between parties where one, with the intention to marry the other, killed that other person's spouse,
or his or her own spouse.
The following CAN marry each other:
1.Brother-in-law and sister-in-law
2.Stepbrother and stepsister
3.Guardian and ward
4.Adopted child and illegitimate child of the adopted
e. Under Art. 44
Subsequent marriage contracted under Art. 41 and both parties are in bad faith.
Declaration of nullity of marriage
The action imprescriptible.(Art. 39, FC)
-For purposes of remarriage, the nullity of a previous marriage may be invoked solely on the basis of a
final judicial declaration of nullity (JDN) of the previous marriage.(Art. 40, FC)
Terre v. Terre
211 SCRA 6
Parties are not allowed to assume that their marriage is void even if such is the fact. They must file an
action for declaration of nullity under Art. 40 before they remarry.
Atienza v. Brillantes
243 SCRA 32
Art. 40 is applicable to remarriages entered into after the effectivity of the Family Code, regardless of
the date of the first marriage. The Family Code retroacts to the extent that it does not impair rights.
Domingo v. CA
226 SCRA 572 (1993)
A marriage void for lack of marriage license still needs a judicial declaration of such fact even for a
purpose OTHER than remarriage(e.g. liquidation, partition, distribution and separation of property
between spouses, custody and support of children, and delivery of the latters presumptive legitime).
Art. 40not mean that JDN can only be invoked for purposes of remarriage.
PSYCHOLOGICAL INCAPACITY
(Art. 36, FC)
Chi Ming Tsoi v. CA
266 SCRA 234 (1997)
Psychological
Incapacity involves the senseless, constant, and prolonged refusal tocomply with the essential marital
obligations.Procreation is one of the essential maritalobligations under the Family Code. Theprolonged
refusal of a spouse to have sex withhis spouse, even though capable, is equivalentto psychological
incapacity.
Santos v. CA
G.R. 112109 (1995)
Psychological incapacity under Art. 36, FC is not meant to comprehend all possible cases ofpsychoses. It
should refer, rather, to no lessthan a mental (not physical) incapacity thatcauses a party to be truly
incognitive of thebasic marital covenants that concomitantlymust be assumed and discharged by
theparties to the marriage. Psychologicalincapacity must be characterized by (a)gravity, (b) juridical
antecedence, and (c)incurability.
Carating-Siayngco v. Siayngco
G.R. No. 158896 (2004)
Sexual infidelity, per se, does not constitutepsychological incapacity. It must be shown that
respondents
unfaithfulness
is
amanifestation of a disordered personalitywhich makes him completely unable todischarge the essential
obligations of themarital state and not merely due to his ardentwish to have a child of his own flesh and



blood.
Mere
showing
of
irreconcilabledifferences and conflicting personalities doesnot constitute psychological incapacity.
Republic v. Quintero-Hamano
G.R. No. 149498 (2004)
In proving psychological incapacity, thereshould be no distinction between an alienspouse and a Filipino
spouse. We cannot belenient in the application of the rules merelybecause
the
spouse
alleged
to
bepsychologically incapacitated happens to be aforeign national. The medical and clinical rulesto
determine psychological incapacity wereformulated on the basis of studies of humanbehavior in
general.
Republic v. Molina
268 SCRA 198 (1997),
Guidelines for the interpretation of Art. 36:
1.The burden of proof to show the nullity of
the marriage belongs to the plaintiff.
2.The root cause of the psychological
incapacity must be:
a.medically or clinically identified,
b.alleged in the complaint,
c.sufficiently proven by the experts,*
d.clearly explained in the decision.
3. The incapacity must be proven to beexisting at the time of the celebration ofthe marriage.
4.Such incapacity must also be shown to bemedically or clinically permanent orincurable.
5. Such illness must be grave enough tobring about the disability of the party toassume the essential
obligations ofmarriage.
6.The essential marital obligations must bethose embraced by Articles 68 up to 71 ofthe Family Code as
regards the husbandand wife as well as Articles 220, 221, and225 of the same Code in regard to
parentsand their children.
7.Interpretations given by the NationalAppellate Matrimonial tribunal of theCatholic Church in the
Philippines, shouldbe given great respect by our courts.
8.The trial court must order the prosecutingattorney or fiscal and the Solicitor Generalto appear as
counsel for the state.**
*NOTE HOWEVER, that in the later case of
Marcos v. Marcos(343 SCRA 755; 2000), it
was held that there is no need for therespondent to be examined by an expert, as the
psychological
incapacity
may
beestablished by the totality of the evidencepresented.
**A.M. No. 02-11-10-SC (March 13, 2003)made the ff. modifications to the Molinadoctrine:
1.The appearance of the Solicitor General
is no longer necessary.
2.Expert opinion need not be alleged, aslong as the physical manifestations ofpsychological incapacity at
the time ofcelebration of marriage are alleged.
Tenebro v. CA
G.R. No. 150758 (2004)
The subsequent judicial declaration of nullityof marriage on the ground of psychologicalincapacity does
not retroact to the date of thecelebration of the marriage insofar as thePhilippine penal laws are
concerned.
As such, an individual who contracts a second
or
subsequent
marriage
during
thesubsistence of a valid marriage is criminallyliable for bigamy, notwithstanding thesubsequent
declaration that the secondmarriage is voidab initio on the ground ofpsychological incapacity.
Buenaventura v. CA
G.R. No. 127358 (2005)
By declaring the petitioner as psychologicallyincapacitated (hence beyond the control of theparty
because of an innate inability), thepossibility of awarding moral damages on thesame set of facts was
negated.
The award of moral damages should bepredicated, not on the mere act of enteringinto the marriage,
but on specific evidencethat it was done deliberately and with maliceby a party who had knowledge of
his or herdisability and yet willfully concealed the same
Mallion v. Alcantara
G.R. No. 141528
Res judicata applies to a petition for nullity ofmarriage due to lack of marriage license,where a prior
petition for nullity of marriagebased on psychological incapacity had beendenied.There is only one
cause of action forboth petitionsthe nullity of the marriage.
Moreover, in the first case, petitionerimpliedly conceded that the marriage wasconduced in accordance
with law, since henever raised the issue of lack of marriagelicense. Petitioner is now bound by
thisadmission.
BIGAMOUS MARRIAGE(Art. 41, FC)
2 Kinds of bigamous marriage:

General Rule:
Marriage contracted by any person during thesubsistence of a previous marriage is VOID.Good faith is
immaterial here.
Exception:
If before the celebration of the subsequent
marriage
1.The first spouse has been absent forfour consecutive years, or two yearsunder extraordinary
circumstances, and
2.The surviving spouse has a well-founded belief that the spouse is dead,and
3.There is a judicial declaration ofpresumptive death, without prejudiceto the effect of the
reappearance of theabsent spouse.
Note: This is a
VOIDABLE bigamous marriage.
Exception to the exception:
When both parties in the subsequent marriage
acted in bad faith, the marriage is still void
(Art. 44, FC).People v. Mendoza
95 Phil. 845 (1954)
Mendoza contracted three marriages. Hecontracted the second marriage during thesubsistence of the
first marriage. Hecontracted the third marriage after the deathof his first wife. He was prosecuted for
bigamyon his third marriage. The Supreme Courtheld that he is not guilty for bigamy for histhird
marriage, since his prior subsistingmarriage has already been extinguished bythe death of his first wife.
It is the secondmarriage that is bigamous.
Morigo v. People
G.R. No. 145226 (2004)
General Rule: Even if the first marriage isjudicially declared void only after contractingthe second
marriage, the second marriage isstill bigamous.
Exception: Said second marriage is notbigamous if the first marriage was void due tothe fact that no
marriage ceremony wassolemnized at all.Here, the parties merelysigned a marriage contract on their
own. Nosemblance of marriage, no need for judicialdeclaration of nullity.
B. EFFECTS OF NULLITY
(ChiPCuPCDRDIDS)(Arts. 50-54, 43-44)
1.Children considered illegitimate
2.Property Regime is dissolved liquidation,partition and distribution of the propertiesof the spouses. If
either spouse acted inbad faith, his/her share in the net profitswill be forfeited:
a.In favor of the common children
b. If none, in favor of the guilty
spouse by previous marriage
c.If none, in favor of the children of
the innocent spouse.
3.Custody and support of the common
children will be decided
4.Presumptive legitimes must be delivered
5. Creditors of the spouses and of the
absolute
community
or
conjugalpartnership must be notified of theproceedings of liquidation.
6.Conjugal dwelling given to the spousewith whom majority of the children chooseto remain.
7. Parties can remarry after compliance
with Art. 52, FC.
8.Donation propter nuptias remains valid,(but if the donee contracted marriage inbad faith, donations
will be revoked)
9.Insurance benefits innocent spouse mayrevoke designation of guilty party asbeneficiary, even if such
designation isirrevocable
10.Donations- If both parties of subsequentmarriage acted in bad faith, any donationsand testamentary
dispositions made byone party to the other by reason ofmarriage will be revoked
11.Succession Rights Party in bad faithdisqualified to inherit from innocentspouse, whether testate or
intestate
Note: Except for #1, the above also effectsapply to marriages which are annulled (and tovoidable
bigamous marriages.)
V. VOIDABLE MARRIAGES
A. GROUNDS (CIF-mspd-FIS)(Art. 45, FC)
1. One of the parties is 18 or above butbelow 21, and there is no parentalconsent.
2. Either party was of sound mind (insanity)
3.Theconsent of either party was obtainedthrough fraud (different from mistake inidentity):
a. through
non-disclosure
of
apreviousconviction of a crimeinvolving moral turpitude;
b.throughconcealment of the wife ofthe fact that she was pregnant byanother man;
c.throughconcealment of a sexually-transmitted disease, even if notserious or incurable;*
d. through
concealment
of
drugaddiction, habitual alcoholism orhomosexuality/lesbianism.(Art.46,
FC)
4.The consent of either party was obtainedthrough force, intimidation, or undueinfluence.
5.Either party is physically unable toconsummate the marriage (impotence;this is different from
sterility).
6.Either party has aserious andincurablesexually-transmissible disease, even if notconcealed.*
*STD: Art. 45 v. Art. 46

Buccat v Buccat
72 Phil. 19
It held that it is unbelievable that the wifecould have concealed the fact that she was 6months pregnant
at the time of the marriage.Annulment not granted.
Aquino v Delizo
109 Phil. 21
The Supreme Court granted annulmentbecause the wife concealed the fact that shewas 4 months
pregnant during the time of themarriage. It argued that since Delizo was
naturally plump, Aquino could hardly beexpected to know, by mere looking, whetheror not she was
pregnant at the time of themarriage.
Corpuz v. Ochoterena
AM No. RTJ-04-1861 (2004)
In a legal separation or annulment case, a
priorcollusion investigation by the prosecuting
attorney is a condition sine qua non for
further proceedings if the defendant fails toanswer.A certification by the prosecutor thathe was present
during the hearing and evencross-examined the plaintiff does not sufficeto comply with the mandatory
requirement.




B. MARRIAGE WHEN ONE SPOUSE
IS ABSENT
Requirements for subsequent marriage to
be valid when prior spouse is absent:
(Art. 41, FC)
1.The prior spouse had been absent for 4consecutive years, or 2 years in casesunder Art. 391 CC.
2. The spouse present has a well-foundedbelief that the absent spouse was alreadydead.
3.The spouse present must institute asummary proceeding for the declaration ofpresumptive death of
the absentee,without prejudice to the effect ofreappearance of the absent spouse.
Effect of reappearance of absent spouse:
General rule:
The subsequent marriage remains valid.
Exception:
It is automatically terminated by the recordingof the affidavit of reappearance of the absentspouse.
Exception to the exception:
If there is a judgment annulling the previous
marriage or declaring it void ab initio.(Art.
42, FC)Republic v. Bermudez-Lorino
G.R. No. 160258 (2005)
The RTC rendered a decision declaring thepresumptive death of respondents absentspouse based on
Art. 41, FC.The Republicappealed the decision to the CA.ApplyingArt. 247 FC, the SC ruled that the CA
did nothave jurisdiction over the appeal becausesummary proceedings are immediately finaland
executory, and therefore unappealable
C. EFFECTS OF PENDING
ACTIONS/DECREE(Art. 49, FC)
1.The court shall provide for the support
of the spouses,
2.The custody of the common children,giving paramount consideration to theirmoral and material
welfare, theirchoice of parent with whom they wishto remain.
3.The court shall also provide for
visitation rights of other parent.
No child under 7 years shall be separatedfrom the mother unless there is a compellingreason to do so.
To prevent collusion between the parties,fabrication or suppression of evidence, theprosecuting
attorney or fiscal shall appear onbehalf of the State.(Art. 48, FC)
D.VOID MARRIAGES vs.
VOIDABLE MARRIAGES


E. JURISDICTION
Tamano v. Ortiz
291 SCRA 584 (1998)
PD No. 1083 (Code of Muslim Personal Lawsof the Philippines) does not provide for asituation where the
parties were married bothin civil and Muslim rites. Consequently, the
shari'acourts are not vested with original and
exclusivejurisdiction when it comes to
marriages celebrated underboth civil andMuslim laws. Hence, the Regional Trial Courtshave jurisdiction
over such cases.
VI. LEGAL SEPARATION
A. GROUNDS (VAPIDHIBLA)(Art. 55, FC)
1.Repeated physical violence or grossly
abusive
conduct
directed
againstpetitioner, a common child, or a child ofthe petitioner.
2.Physical violence or moral pressure tocompel petitioner to change religious orpolitical affiliation.
3.Attempt of respondent to corrupt orinduce petitioner, a common child, orchild of petitioner, to
engage inprostitution or connivance in suchcorruption or inducement.
4.Final judgment sentencing respondent toimprisonment of more than 6 years, evenif pardoned
(executive pardon, notpardon from offended party).
5.Drug addiction or habitual alcoholism of
respondent.
a.When it existed from the time ofcelebration, and concealed frompetitioner, can be a ground
forannulment of marriage.
b. When it occurred only after themarriage, it is only a ground forlegal separation, whether concealedor
not.
6. Lesbianism
or
homosexuality
of
respondent.
a.Same as rules on drug addiction
7. Contracting
by
respondent
of
asubsequent bigamous marriage, whetherin the Philippines of abroad.
8.Sexual infidelity or perversion.
9.Attempt on the life of petitioner by
respondent.
a.There is no need for criminal
conviction.
10.Abandonment of petitioner by respondent
without justifiable causefor more than
one year.
Gandioco v Pearanda
155 SCRA 725 (1989)
In sexual infidelity as a ground for legalseparation, there is no need for priorconviction for concubinage,
because legalseparation only requires a preponderance ofevidence, as opposed to proof
beyondreasonable doubt required in concubinage.
Lapuz v. Eufemio
43 SCRA 177
The action of the plaintiff in filing for legalseparation does not survive after her death.Death of either
spouse dissolves the marriage.An action for legal separation is purelypersonal between the spouses.
Dela Cruz. v. Dela Cruz
22 SCRA 333
Abandonment
is
not
mere
physicalabandonment but also financial and moraldesertion.There must be an intention neverto return.
B. DEFENSES
Grounds for denying legal separation
(4CMRPD)(Art. 56, FC)
1.Condonation by aggrieved party
2. Consent by aggrieved party to the
commission of the offense
3.Connivance between parties in the
commission of the offense
4.Mutual guilt in ground for legal
separation
5. Collusion between parties to obtain
decree of legal separation
6. Prescription
of
action
for
legalseparation (5 years from occurrence ofthe cause of action)
7.Death of either party during pendency
of action(Lapuz-Sy v Eufemio, G.R.
No. L-30977
, 1972)
8.Reconciliation
of
parties
during
pendency of action(Art. 66 par.1)
C. WHEN TO FILE/TRY ACTIONS
Prescription:
Action prescribes in five years from
occurrence of cause(Art. 57, FC


PERSONS & FAMILY RELATIONS CIVIL LAW 100% UP LAW UP BAROPS 2008 Page 15 of 325 Reconciliation
period: Action cannot be tried before six months have elapsed since the filing of the petition(Art. 58. FC)
Attempts on reconciliation: Action cannot be tried unless the court has attempted to reconcile the
spouses, and determined that despite such efforts, reconciliation is highly improbable(Art. 59, FC)
Confession: No decree of legal separation shall be based upon a stipulation of facts or a confession of
judgment(Art. 60, par. 1. FC) Collusion: The court shall assign the prosecuting attorney or fiscal to make
sure that there is no collusion between the parties, and that evidence is not fabricated or
suppressed(Art. 60, par. 2, FC) D. EFFECTS OF FILING PETITION FOR LEGAL SEPARATION (LAC) 1.The
spouses are entitled to live separately (Art. 61, par. 1. FC). 2.Administration of Community or Conjugal
Property If there is no written agreement between the parties, the court shall designate one of them or
a third person to administer the ACP or CPG.(Art. 61, par. 2, FC) 3.Custody of children The court shall
give custody of children to one of them, if there is no written agreement between the spouses. It shall
also provide for visitation rights of the other spouse.(Art. 62, cf. Art. 49. FC) E. EFFECTS OF DECREE FOR
LEGAL SEPARATION 1.The spouses can live separately(Art. 63. FC) 2. The ACP of CPG shall be dissolved
and liquidated, and the share of the guilty spouse shall be forfeited in favor the common children,
previous children, or innocent spouse(Art. 63. cf. Art. 42, par. 2). 3. Custody of the minor children shall
be awarded to the innocent spouse(Art. 63. FC) 4. Guilty spouse shall be disqualified from inheriting
from innocent spouse by intestate succession. The provisions in favor of the guilty party in the will of the
innocent spouse shall also be revoked by operation of law.(Art. 63, FC) 5.Donation propter nuptias in
favor of the guilty spouse may be revoked(Art. 64. FC) 6. Innocent spouse may also revoke designation
of guilty spouse as beneficiary in an insurance policy, even if such stipulations are irrevocable(Art. 64.
FC). 7.Obligation for mutual support ceases, but the court may order the guilty spouse to support the
innocent spouse.(Art. 198, FC) 8.The wife shall continue to use the surname of the husband even after
the decree for legal separation.(Art. 372, CC) F. RECONCILIATION How done: Should the spouses
reconcile, they should file a corresponding joint manifestation under oath of such reconciliation.(Art. 65,
FC) Effects of Reconciliation: 1. Proceedings for legal separation shall be terminated at whatever
stage.(Art. 66, FC) 2. If there is a final decree of legal separation, it shall be set aside.(Art. 66, FC) 3.The
separation of property and forfeiture of share of guilty spouse shall subsist, unless the spouses agree to
revive their former property regime or to institute another property regime. ( Art. 66 cf. Art. 67, FC)
4.Joint custody of children is restored. 5. The right to intestate succession by guilty spouse from
innocent spouse is restored. 6. The right to testamentary succession depends on the will of the innocent
spouse. G. DIVORCE General Rule: Decrees of absolute divorce obtained by Filipinos abroad have no
validity and are not recognized in the Phil. dfd Exception (partial recognition of absolute divorce): -
When the divorce is validly obtained by thealien spouses abroad which capacitates him/her to remarry,
the Filipino spouse shall likewise have the capacity to remarry.(Art. 26, par. 2 FC) Twin elements for the
application of par. 2, Art. 26, FC: 1.There is a valid marriage that has been celebrated between a Filipino
citizen and a foreigner; and 2.A valid divorce is obtained abroad by the alien spouse capacitating him or
her to remarry.



PERSONS & FAMILY RELATIONS CIVIL LAW 100% UP LAW UP BAROPS 2008 Page 16 of 325 Republic v.
Orbecido G.R. No. 154380 (2005) Given a valid marriage between 2 Filipino citizens, where one party is
later naturalized as a foreign citizen and obtains a valid divorce decree capacitating him or her to
remarry, the Filipino spouse remarry under Philippine law. The RECKONING POINT is not the citizenship
of the parties at the time of the celebration of the marriage, but their citizenship at the time a valid
divorce is obtained abroad by the alien spouse capacitating the latter to remarry. VII. RIGHTS AND
OBLIGATIONS BETWEEN HUSBAND & WIFE A.OBLIGATION OF SPOUSES (Arts. 68-71, FC) 1. Livetogether
2.Observe mutual love, respect, and fidelity
3.Render mutual help and support
4.Fix the family domicile.
a.In case of disagreement, the court shall decide.
5.Jointly support the family.
6.Manage the household.
B.RIGHTS OF SPOUSES(Arts. 72-73, FC) 1.In case the other spouse neglects his or her duties or commit
acts which tend to bring danger, dishonor or injury to the family, the aggrieved party may apply the
court for relief. 2.Either spouse may exercise any legitimate profession
,without need for consent of the other. a.The other spouse may only object on valid, serious, and moral
grounds. b.In case of disagreement, the Court shall decide whether (1) the objection is proper, and (2)
benefit has accrued to the familybefore OR afterthe objection. i. If BEFORE, enforce obligation against
the separate property of spouse who has not obtained consent. ii.If AFTER, enforce obligation against
community property C.USE OF SURNAME 1. MarriedWomen:(Art. 370, CC) A married woman may use:
1. Her maiden first name and surname and add her husband's surname, or 2.Her maiden first name and
her husband's surname or 3.Her husband's full name, but prefixing a word indicating that she is his wife,
such as Mrs. Yasin v. Sharia District Court G.R. No. 94986 (1995) The woman only has an option and
not a duty to use the surname of her husband, as provided for in Art. 370, CC. Moreover, when her
husband dies, the woman can revert to her old name without need for judicial declaration. 2. Widows: A
widow may use the deceased husbands surname as though he were still living. (Art. 373, CC) 3.
Mistresses: Legamia v IAC G.R. No. 63817 (1984) The Supreme Court allowed the mistress to use her
live-in partners name, since everyone already knew that she was a mistress, so as to avoid confusion. 4.
Divorcees Tolentino v. CA G.R. No. 41427 (1988) A divorced woman may continue using the surname of
her former husband.Philippine laws are silent in this issue.Moreover, there is no usurpation as she never
represented herself as Mrs. Arturo Tolentino after the divorce, but simply as Mrs. Consuela David-
Tolentino. VIII. PROPERTY RELATIONS BETWEEN SPOUSES A. GENERALPROVISIONS Order to be
followed:(ARTS. 74, 75, FC): 1.Marriage settlements before marriage spouses can agree to whatever
regime they want, be it ACP, CPG, or complete separation. 2.Family Code If there are no marriage
settlements, or if the regime agreed upon is void, the Absolute Community of Property will be followed
3. LocalCustoms
General Rule:(Art. 80, FC) Property relations between Filipino spouses are governed by Philippine laws,
regardless of the place of marriage and their residence. Hence: The rule that ACP is the default mode of
property relations absent any marriage settlement applies to all Filipinos, regardless of the place of the
marriage and their residence. Exceptions:(Art. 80, FC) 1.Where both spouses are aliens 2.As to the
extrinsic validity of contracts 3. Contrarystipulation Requirements for Marriage Settlements: (Art. 77, FC)
1.Must be in writing (public or private) 2.Signed by the parties 3.Executed before the celebration of the
marriage 4.If party needs parental consent, parent/guardian must be a party to the settlement 5. If
party is under civil interdiction or other disability (not including insanity), court appointed guardian must
be a party 6.Must be registered in local civil registry to affect third persons (If not registered, will not
prejudice third persons, ACP will apply) General Rule: All modifications to the marriage settlement must
be made before the marriage is celebrated. Exceptions: 1. LegalSeparation(Art. 63 (2), FC) o The
property regime is dissolved. 2.Revival of the former property regime upon reconciliation if the spouses
agree(Art. 66 (2)) 3.A spouse may petition the court for: a. Receivership b.Judicial separation of
abandons the other without just cause or fails to comply with his or her obligations to the family. (Art.
128) 4. JudicialDissolution(Arts. 135 and 136) B.DONATIONS BY REASON OF MARRIAGE Requisites of
donationspropter nuptias: (Art. 82, FC) 1.Made before the celebration of marriage 2.Made in
consideration of the marriage 3.In favor of one or both spouses Donations excluded: 1. Ordinary
wedding gifts given after the celebration of the marriage 2.Donations in favor of future spouses made
before marriage but not in consideration thereof 3.Donations made in favor of persons other than the
spouses even if founded on the intended marriage Who may donate: 1.spouses to each other
2.parents of one or both spouses
3.3rd persons to either or both spouses
Solis v. Barroso 53 Phil. 912 (1928) Moreover, in donations propter nuptias, the marriage is really a
consideration but not in the sense of giving birth to the obligation. There can be a valid donation even if
the marriage never took place. However, the absence of marriage is a ground for the revocation of the
donation. Mateo v. Lagua G.R. No. 26270 (1969) Donations propter nuptias are without onerous
consideration, marriage being merely the occasion or motive for the donation, not its cause.Being
liberalities, they remain subject to reduction for inofficiousness upon the donors death, if they should
infringe the legitime of a forced heir.

RULES: 1. BeforeMarriage General Rule: Future spouses cannot donate to each other more than 1/5 of
their present property (excess shall be considered void)(Art. 84, FC) Exception: If they are governed by
ACP. 2. DuringMarriage General Rule: Spouses cannot donate to each other, directly or indirectly
(donations made by spouses to each other during the marriage are void)(Art. 87, FC) Exception:
Moderate gifts on the occasion of any family rejoicing. Grounds for Revocation of Donation Propter
Nuptias(Art. 86, FC) 1.If the marriage is not celebrated or judicially declaredvoid ab initio, except
donations made in settlements. 2. When the marriage takes place without the consent of the parents or
guardians, as required by law. 3.When the marriage is annulled, and the donee acted in bad faith.
4.Upon legal separation, if the donee is the guilty spouse. 5.If there is a resolutory condition, and it is
not complied with. 6.When donee has committed an act of ingratitude:(Art. 765, CC) a.An offense
against person or property of donor, or his wife or children under parental authority b. An imputation to
the donor of any criminal offense, or any act involving moral turpitude, even if proven, unless the crime
is committed against the donee, his wife or children under his authority. c. Refusing to support the
donor, if he/she is legally required to do so. *The action for filing for revocation of donation prescribes.
Matabuena v Cervantes 38 SCRA 284 (1971) The donation between common-law spouses falls within
the provision prohibiting donations between spouses during marriage. Harding v. Commercial Union 38
Phil. 464 (1918) The prohibition on donations can only be assailed by persons who bear such relation to
the parties or the property itself, that their rights are being interfered with.Here, the insurance company
of the donated car cannot assail the validity of the donation. Sumbad v. CA G.R. No. 106060 (1999) The
donation made by a man to a woman was held valid because no proof was shown that they were still
living in a common-law relationship at the time of the donation. C. ABSOLUTE COMMUNITY OF
PROPERTY 1. IN GENERAL When it commences: At the precise moment of the celebration of the
marriage (Art. 88, FC). However, if the marriage is celebrated before the Family Code took effect (1988),
the default property regime is the Conjugal Partnership of Gains (CPG). Waiver of Rights:(Art. 89, FC)
General Rule: NOT ALLOWED Exceptions: 1. When there is judicial separation of property 2.When there
is legal separation 3. When the marriage is dissolved (by death of one of the spouses) 4.When the
marriage is annulled 2. WHAT CONSTITUTES COMMUNITY PROPERTY What it consists: All the property
owned by the spouses at the time of the celebration of the marriage or acquired thereafter.(Art. 91, FC)
(BGM):(Art. 92, FC) 1.Properties acquired by a gratuitous title, i.e. donation,inheritance by testate and
intestate succession, including the fruits of such properties EXCEPT:When it was expressly provided by
the donor or testator that the property shall form part of the ACP 2.Properties for personal use
EXCEPT:Jewelry- they form part of the ACP3.Properties acquired before the marriage, for those with
legitimate descendants with a former marriage (to protect rights of children by a former marriage).
Presumption: All properties acquired during the marriage form part of the ACP, unless it be proven that
they are excluded.(Art. 93, FC) 3. CHARGES UPON THE ACP(Art. 94, FC):
(4 debts, 2 taxes, 2 expenses,
support, donation)
1. Support - Spouses o Even if not living together except when a spouse leaves conjugal home without
just cause o Even during pendency of action for legal separation or annulment of marriage - Common
children - Legitimate children of previous marriage 2.Debts and Obligations Contracted During Marriage
- Either by both spouses or one of them, with the consent of the other. - In (2) and (3), creditors need
not prove that the debts benefited the family. 3.Debts Contracted by one Spouse Without Consent of
the other - ACP liable only to the extent that the debt benefited the family. 4.Tax, Liens, Repairs on
Community Property - Includes both major and minor repairs 5.Taxes and Expenses for Mere
preservation of Separate properties - Applies only to separate properties by either spouse being used by
the family, not those that do not benefit the family. - Expenses limited to minor repairs. 6. Expenses for
professional, Vocational, or Self-Improvement Course of Spouses 7.Ante-nuptial Debts that Benefited
the Family - If the ante-nuptial debt did not benefit the family, applicable rule is (9). 8. Donations byBoth
Spouses to Common Legitimate Children 9.Ante-Nuptial Debts not under (7), Support of Illegitimate
Children, Liabilities of Either Spouse Arising from Crime or Quasi-Delict - Only ff the debtor-spouse has
no exclusive property or his or her property is insufficient. - The payments by the ACP are deemed
advances to be deducted from the share of the guilty spouse upon the liquidation of the absolute
community. 10.Expenses of Litigation between Spouses 4. ADMINISTRATION, OWNERSHIP AND
DISPOSITION OF ACP Administration of property: Belongs to both spouses jointly. If they disagree the
husbands decision prevails. However, the wife has five years from the date of the decision to go to
court for recourse. Otherwise, it is presumed that she agreed with the husbands decision.(Art. 96, FC)
Except: When the other spouse is incapacitated, or unable to participate in the administration (e.g.
when abroad). Disposition of property: Either spouse may, through a will, dispose his/her interest in the
community property. (Art. 97, FC)However, the will should refer only to his/her own share in the
community property. Donation of property: Donation of one spouse without the consent of the other is
not allowed(Art. 98, FC) Except: 1. Moderate donations to charity due to family rejoicing or distress; 2.
Moderate gifts by each spouse to the other due to family rejoicing. (note: Whats moderate depends on
the socio-economic status of the family) 5. DISSOLUTION OF ACP ACP terminates upon: (Art. 99, FC)
1.Death of either spouse follow rules in Art. 103 2.Legal Separation follow rules in Arts. 63 and 64
3.Annulment or judicial declaration of nullity follow rules in Arts. 50 to 52 4.Judicial separation of
property during marriage follow rules in Arts. 134 to 138 Rules on De Facto Separation: (ART. 100, FC):
De factoseparation does not affect the ACP. EXCEPT that: 1.Spouse who leaves the conjugal home
without just cause shall not be entitledto support. He/She, however, is still required to support the
other spouse and the family. 2.If consent is necessary for transaction but is withheld or otherwise
unobtainable, authorization may be obtained from the court. 3.Support for family will be taken from the
ACP. 4.If ACP is insufficient, spouses shall be solidarily liable. 5. If it is necessary to administer or
encumber separate property of spouse who left, spouse present may ask for judicial authority to do this.
6.If ACP is not enough and one spouse has no separate property, spouse who has property is liable for
support, according to provisions on support. Abandonment:(Art. 101, FC) Present spouse may petition
the court for: (a) receivership; (b) judicial separation of property; or (c)authority to be the sole
administrator of the absolute community, subject to precautionary conditions that the court may
impose. *Spouse isprima facie considered to have abandoned the other spouse and the family if:
1.he/she has left for a period of three months, 2. he/she has failed to inform his/her whereabouts for a
period of three months. 6.LIQUIDATION OF ASSETS AND LIABILITIES Process of liquidation of ACP: (Art.
102, FC) 1. Inventory of assets of ACP and of spouses, with market values. 2. Obligations are paid with
community property, and separate obligations not charged to ACP paid by respective assets of spouses.
3. Balance, or net remainder is divided equally between the spouses, irrespective of how much each
brought into the community. 4.If obligations exceed the assets of the ACP, nothing is divided.Creditors
can go after the separate properties of the spouses, which are solidarily liable for the deficiency. 5. If
personal obligations of a spouse exceed his/her separate property, creditor can go after the share of the
spouse on the net remainder of the ACP, without prejudice to the provisions of law on forfeitures and
delivery of presumptive legitimes. 6. After covering all community obligations and obligations of
spouses, balance of separate properties shall be delivered to respective spouses or their heirs, and they
will also divide into two equal shares whatever is left of the community assets, without prejudice to the
provisions of law on forfeitures and delivery of presumptive legitimes. Rules in Case of Termination of
Marriage by Death of One of the Spouses: (Art. 103, FC) 1.The community property shall be liquidated in
the same proceeding for the settlement of the estate of the deceased spouse. 2. If no such judicial
settlement proceeding is instituted, surviving spouse shall liquidate the community property either
judicially or extra- judicially within one year from the death of the deceased spouse. Procedure for
Liquidation of Community Properties of Two Marriages: (Art. 104, FC) 1.Determine the capital, fruits,
and income of each community upon such proof as may be considered according to the rules of
evidence. 2.In case of doubt as to which community the existing properties belong, they shall be divided
between two communities in proportion to the capital and duration of each. Onas v. Javillo 59 Phil. 733
(1934) Javillo contracted 2 marriages. SC ruled that each absolute community should be considered
owner of the parcels of land acquired during its existence. Death discontinues ACP. Vda. De Delizo v.
Delizo G.R. No 32820 (1976) In case of doubt as to which community the existing properties belong, the
same shall be divided between the different communities in proportion to the capital and duration of
each. D. CONJUGAL PARTNERSHIP OF GAINS WHERE IT APPLIES: 1.For marriages before the
implementation of the Family Code. 2. For marriages after the Family Code, if agreed to by the parties
through a marriage settlement. HUSBAND AND WIFE PLACE IN COMMON FUND.
1.The proceeds, products, fruits, and income of their separate properties; 2.Everything acquired by
them within marriage through their own efforts; 3.Everything acquired by them by chance EXCLUSIVE
PROPERTIES OF THE SPOUSES: I. Property by direct acquisition, or property that is originally exclusive:
1.Property brought into marriage by each spouse as his/herown Art. 109(1) 2.Property acquired by
either spouse during the marriage bygratuitous title Art 109 (2) II. Property by substitution: 3. Property
acquired by right of redemption, by barter, or by exchange with property belonging to either spouse
Art. 109 (3) 4.Property purchased withexclusive moneyof either spouse- Art. 109 (4) III. Other Separate
Property: 5.Collection of credits belonging to one spouse exclusively 6.Sale of separate property of a
spouse 7.Indemnity paid in cash of expropriation of separate property or under an insurance policy
covering separate property. 8. Possession does not affect ownership of separate property. PROPERTIES
THAT COMPOSE CPG: 1. Acquired by Onerous Title during the Marriage at Expense of Common Fund
(Art. 117 (1)); 2. Acquired through the Labor, Industry, Work, Profession of Either or both Spouses (Art.
117 (2)); 3.Fruits from common property; 4. Net fruits of exclusive property of each spouse (Art. 117
(3)); 5.Share of either spouse in hidden treasure, whether as finder or owner of property where treasure
is found (Art. 117(4)); 6.Acquired throughoccupation such as fishing or hunting (Art. 117 (5)); 7.Livestock
existing at dissolution of partnership in excess of what is brought by either spouse to the marriage (Art.
117 (6)); 8.Acquired by chance, such as winnings from gambling or betting (Art. 117 (7)) NOTE: A.If
winning ticket is bought by a spouse with his or her own money or was given gratuitously by a friend =
the prize will be separate property of the spouse who owns the ticket B.If winning ticket is bought by
conjugal funds = prize is conjugal -presumption is ticket bought during marriage is bought by conjugal
conjugal funds: a.If full ownership is vested before the marriage it shall belong to the buyer- spouse
b.If full ownership was vested during the marriage it shall belong to the conjugal partnership
original form during marriage becomesconjugal in the absence of proof that the expenses of conversion
were exclusively for the account of the original owner-spouse, subject to reimbursement of the value of
e or partnership,
thenet gains or benefits from the partnership shall be divided equally between the spouses, unless they
Social Security Actis not conjugal, although the employee-spouse contributes to the SSS with his salaries,
copyright or patent, should, according to Tolentino, citing Planiol and Ripert, be consideredseparate
propertyof the spouse who produces or invents or discovers it, this property being of a special type,
almost a part of one's person or taken from his personality and the physical or external manifestation of
his intellect or genius, that it is not simply a product of one's work or industry but should be considered
-marks, trade names, service marks,
business goodwill, and similar kinds of property are, however, merely accessories to some commercial
establishment or product, so that if such establishment or product is separate property of one spouse,
then the business property is separate property, the same being an accessory that follows the principal;
but all benefits or earnings derived from these different kinds of property during the marriage should
belong to the conjugal property (Tolentino, id., citing the same authority). CHARGES UPON CPG (ART.
121) [cf. Charges to ACP]: (3 debts, 2 taxes, 2 expenses, support, donation) 1. Support of the spouse,
their common children, and the legitimate children of either spouse 2.All debts and obligations
contracted during the marriage by the designated administrator-spouse for the benefit of the CPG, or by
both spouses or by one of them with the consent of the other 3.Debts and obligations contracted by
either spouse without the consent of the other to the extent that the family may have benefited 4. All
taxes, liens, charges, and expenses upon conjugal property 5.All taxes and expenses for mere
preservation made during the marriage upon the separate property of either spouse 6.Expenses to
enable either spouse to commence or complete a professional, vocational, or other activity for self-
improvement 7.Ante-nuptial debts of either spouse insofar as they have redounded to the benefit of the
family 8.The value of what is donated or promised by both spouses in favor of their common legitimate
children for the exclusive purpose of commencing or completing a professional or vocational course or
other activity for self-improvement 9.Expenses of litigation between the spouses unless the suit is found
shall be solidarily liable for the unp
encumbrance of conjugal property requires: A. The consent or approval by both spouses; OR B.Judicial
Ching
286 SCRA272 The Supreme Court ruled that indirect benefits that might accrue to a husband in signing
as a surety or guarantee agreement not in favor of the family but in favor of his employer corporation
are not benefits that can be considered as giving a direct advantage accruing to the family. Hence, the
creditors cannot go against the conjugal partnership property of the husband in satisfying the obligation
subject of the surety agreement. A contrary view would put in peril the conjugal partnership by allowing
it to be given gratuitously as in cases of donation of conjugal partnership property, which is prohibited.
DISSOLUTION OF CPG (ART. 128): 1.Prepare an inventory of all properties 2.Amounts advanced by the
conjugal partnership in payment of personal debts and obligations of either spouse shall be credited to
the conjugal partnership. 3.Each spouse shall be reimbursed for the use of his or her exclusive funds in
the acquisition of property or for the value of his or her exclusive property, the ownership of which has
been vested by law in the conjugal partnership. 4.Debts and obligations of the conjugal partnership shall
be paidout of the conjugal assets. 5.Whatever remains of the exclusive properties of the spouses shall
be delivered 6.Indemnify loss or deterioration of movables belonging to either spouse, even due to
fortuitous event, used for the benefit of the family 7.Thenet remainder of the conjugal partnership
properties, or the profits, which shall bedivided equally between husband and wife EXCEPTIONS: a.A
different proportion or division was agreed upon in the marriage settlements b.There has been a
voluntary waiver or forfeiture of such share as provided in this Code. [NOTE: Dissolution of the conjugal
property must be recorded in the registry of property in order to affect third persons dealing with
registered property.] De Ansaldo v. Sheriff of Manila G.R. No. L-43257 (1937) The Supreme Court ruled
that the spouses are not co-owners of the conjugal properties during the marriage and cannot alienate
the supposed interest of each in the said properties.The interest of the spouses in the conjugal
properties is only inchoate or a mere expectancy and does not ripen into title until it appears after the
dissolution and liquidation of the partnership that there are net assets ACP/CPG TERMINATES UPON
(ART. 99 AND 126): 5.Death of either spouse follow rules in Art. 103 6.Legal Separation follow rules
in Arts. 63 and 64
7.Annulment or judicial declaration of nullity follow rules in Arts. 50 to 52 8.Judicial separation of
property during marriage follow rules in Arts. 134 to 138
CPG vs. ACP: