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I. CIVIL PERSONALITY

A. CONCEPT AND CLASSES OF
PERSONS

Person - any being, natural (Art. 40, CC) or
juridical (Art. 42, CC), susceptible to legal
rights and obligations, and can be a subject of
legal relations.

Kinds of Capacity: (Art. 37, CC)
Juridical Capacity Capacity to Act
Fitness to be the
subject of legal
relations.
Power to do acts
with legal effect
Inherent in every
natural person
Acquired and
may be lost
Lost only through
death
Subject to
certain
restrictions
Inherent and
ineffaceable attribute of
man; attaches to him by
the mere fact of his
being a man.
Conditional and
variable, it is
acquired and
may be lost.



Kinds of persons:

1. NATURAL PERSONS
General Rule: Birth determines personality
(Art 40). Death extinguishes civil personality
(Art 42).
Exception: A conceived child is considered
born for all purposes that are FAVORABLE
to it, provided it be born later (Art 40, 2nd
clause) with the following circumstances:
1. It is alive at the time it is completely
delivered from the mother's womb.
2. But if the fetus had an intra-uterine
life of less than seven months, it
should survive for at least 24 hours
after its complete delivery. (Art. 41,
CC) Test of life: complete respiration.

NB: Burden of proof:
The presumption is that it was alive and the
burden of proof is on the party who alleges
the contrary.

Geluz v. CA, G.R. No. 16439 (1961)
An unborn fetus is not endowed with
personality. Parents of an unborn fetus cannot sue
for damages on its behalf as the fetus, having no
personality, does not have rights which it can pass
on. The family, however, can recover moral
damages.

Effect of Death:
The effect of death upon the rights and
obligations of the deceased is determined by
law, by contract and by will (Art 42, par. 2).

Doubt as to the order of death:
If they are called to succeed each other,
whoever alleges the death of one prior to the
other, shall prove the same. In the absence of
proof, it is presumed that they died at the
same time, and there will be no transmission
of rights from one to the other. (Art. 43, CC)

J oaquin v. Navarro, 93 Phil 257 (1953)
The rule on Art. 43 was not applied in
determining whether the mother or the son died
first. There were eyewitnesses who can give
evidence as to who died first. It is only applied
when it is impossible to determine who died first
that the presumption applies.


2. JURIDICAL PERSONS

Kinds of juridical persons: (Art. 44, CC)
1. The State and its political subdivisions;
2. Other corporations, institutions and entities
for public interest or purpose, created by
law;
3. Corporations, partnerships and associations
for private interest or purpose to which the
law grants a juridical personality.

Governing laws:
Juridical Person Governing law
State Constitution
Political subdivision Charter
Public corporation Charter
Private corporation Corporation Code,
Articles of
Incorporation and By-
Laws
Partnerships Stipulations of the
parties and
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suppletorily by the
general provisions on
partnership


Juridical persons may acquire and possess
property of all kinds, incur obligations, and
bring civil or criminal actions (Art. 46, CC)


B. CAPACITY TO ACT AND
RESTRICTIONS THEREON

Presumption of Capacity:

Standard Oil Co. v. Arenas
19 Phil 363 (1911)
To prove insanity, it has to be proven that:
1) The monomania of wealth was habitual and
that it contributed to mental perturbation;
2) that the act was caused by the monomania
itself;
3) that the monomania existed at the moment he
signed the surety.
Capacity to act is presumed unless previously
declared incapable by the court.


Restrictions/limitations on capacity to act: (Art.
38, 39, CC,)
1) Minority
2) Insanity or imbecility
3) State of being deaf-mute
4) Prodigality
5) Civil interdiction
6) Family relations
7) Alienage
8) Absence
9) Married women (Art. 2259, CC)


1. Minority

RA 6809 Majority commences at the age of
18 years.

Effect on Contracts:
1. Minors cannot give consent to a contract.
(Art. 1327, CC).
2. The parents consent is binding on the minor.
(Shields v. Gross, 58 NY 2d 338)
3. If one of the parties to a contract is a minor,
the contract is voidable. (Art.1390, CC)
4. If both parties are minors, the contract is
unenforceable. (Art. 1403, CC)
5. Persons who are capable cannot allege the
incapacity of the other party. (Art.1379, CC)
6. The minor is not obliged to make restitution
except insofar as he has been benefited. (Art.
1399, CC)
7. If there is active representation by the minors
that they are of legal age, the contract is valid.
(Mercado v. Espiritu, 37Phil. 215)
8. If there is only passive representation, the
contract is not valid. The fraud must be actual
and not constructive. Mere silence does not
constitute fraud. However, the minors must
make restitution to the extent they profited
from the money received. (Braganza v.de
Villa Abrille, 105 Phil. 456)

Effect on Marriage:
Marriage contracted by any minor is VOID.

Effect on Crimes:
9 years and below= EXEMPT from criminal
liability. (Art. 12, RPC)
Over 9 years and under 15 = EXEMPT, (Art.
12, RPC)
Unless he acted with discernment = Penalty
is lowered by at least 2 degrees. (Art. 68,
RPC)
15 years and below 18 = MITIGATING
circumstance. (Art. 13, RPC)



2. Insanity

Effect on Contracts:
1) Insane persons cannot give consent to a
contract. (Art. 1327, CC)
2) Contracts entered into during a lucid interval
are valid. (Art. 1328, CC)
3) The incapacitated person is not obliged to
make any restitution except insofar as he has
been benefited. (Art. 1399, CC)

Effect on Crimes:
Insane persons are EXEMPT from criminal
liability unless they acted during a lucid
interval. (Art. 12, RPC)

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Effect on Marriage:
A marriage is VOIDABLE if either party was
of unsound mind at the time of the marriage.
Except: When the insane person, after coming
to reason, freely cohabited with the other.


Dumaguin v. Reynolds
10 Phil. 381 (1952)
The presumption of mental incapacity in a
person under guardianship for mental
derangement may be rebutted by evidence.
That person may enter a valid contract
provided it is proven
1) That he was not insane at the time he
entered into the contract, and
2) That his mental defect did not affect his
capacity to appreciate the meaning and
significance of the transaction.


3. State of being deaf-mute
1. Deaf-mutes cannot give consent to a
contract. (Art. 1327, CC)
2. If the testator is a deaf-mute, he must
personally read the will. If unable to read,
he must designate 2 persons to read it and
communicate to him the contents thereof.
(Art. 807, CC)
3. Deaf-mutes cant be witnesses to a will.
(Art. 820, CC)


4. Prodigality

Martinez v. Martinez
1 Phil. 182
To make a person legally unfit to run his own
affairs, his acts of prodigality must show:
1. A morbid mind, and
2. A tendency to spend or waste the estate
so as to expose the family to want or
deprive the forced heirs of their
inheritance.


5. Civil Interdiction

Civil interdiction deprives the offender during
the time of his sentence of the following
rights (PA-G-MA-MD)
1. Parental authority,
2. Guardianship as to the person or property
of any ward,
3. Marital authority,
4. Management his property
5. Disposition of his property (Art. 34, RPC)


6. Family Relations

Effect on Crimes:
1. No criminal liability if one acts in defense of
spouse, ascendants, descendants, brothers or
sisters, relatives by affinity and consanguinity
within the 4th civil degree provided the
requisites in Art. 11and 12 of RPC are
followed.
2. Mitigating circumstance: If one acts in
immediate vindication of a grave offense
committed against his spouse, ascendants, or
relatives by affinity within the same degrees.
(Art. 13, RPC)

Effect on Marriage:
Incestuous and void Marriages between
ascendants and descendants; between
brothers and sisters, whether full or half
blood. (Art. 37, FC)

Effect on Prescription:
Prescription does not run between husband
and wife. (Art. 1109, CC)

Effect on Property Relations:
1) Husband and wife cannot sell property to
each other except:
2) When separation of property was agreed in
the marriage settlements;
3) When there has been a judicial separation
of property. (Art.1490, CC)


7. Alienage


8. Absence
General Rule:
Absence of 7 years + unknown whether the
absentee still leaves = presumed dead for all
purposes.
Except:
For the purpose of opening his succession, in
which case, the absentee is presumed dead
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after 10 years. If disappeared after the age of
75 years, 5 years will be sufficient. (Art.390,
CC)


Rule:

The following are presumed dead for ALL
purposes, including the division of estate
among the heirs: (VA-A-D)
1) A person on board a vessel during a sea
voyage, or an aeroplane which is missing,
who has not been heard of for 4 years
since the loss of the vessel or aeroplane;
2) A person in the armed forces who has
taken part in war, and has been missing
for 4 years;
3) A person who has been in danger of death
under other circumstances and existence
has not been known for 4 years. (Art.
391, CC)


Administration and enjoyment of
conjugal partnership where one spouse is
absent:
1) The other spouse may assume sole
powers of administration.
2) These powers to NOT include disposition
or encumbrance without court authority
or written consent of the other spouse.


Effect of want of authority/consent:
VOID disposition or encumbrance.
BUT, the transaction is construed as a
CONTINUING OFFER on the part of the
consenting spouse and the 3rd person.
It may be perfected as a binding contract
upon the acceptance by the other spouse or
authorization by the court before the offer
is withdrawn by either or both offerors.
(Art. 124, FC)


9. Married Women

General Rule:
A married woman may not sue or be sued
alone without joining her husband.

Except: (Rule 3, Sec. 4, ROC)
1. When they are judicially separated.
2. If they have in fact been separated for at
least 1 year;
3. When there is a separation of property
agreed upon in the marriage settlements;
4. If the administration of all the property in
the marriage has been transferred to her;
5. When the litigation is between husband and
wife;
6. If the suit concerns her paraphernal
property;
7. When the action is upon the civil liability
arising from a criminal offense;
8. If the litigation is incidental to the
profession, occupation or business in which
she is engaged;
9. In any of the civil action referred to in Art.
25-35 CC.
10. In an action upon a quasi-delict.

Note: In cases #7-9, the husband must be
joined as party defendant if Art. 163, par. 3
applies.




II. CITIZENSHIP AND DOMICILE

A. FILIPINO CITIZENS
1. Those who are citizens of the Philippines
at the time of the adoption of the 1987
Constitution;
2. Those whose fathers or mothers are
citizens of the Philippines;
3. Those born before January 17, 1973, of
Filipino mothers, who elect Philippine
citizenship upon reaching the age of
majority; and
4. Those who are naturalized in accordance
with law. (Art IV, 1, 1987Consti.)


B. DOMICILE

For Natural Persons:
The place of their habitual residence (Art.
50,CC).


For Juridical Persons:
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The place where their legal representation is
established, or where they exercise their
primary functions, unless there is a law or
other provision that fixes the domicile
(Art.51, CC).

Domicile vs. Residence:
1. While domicile is permanent (there is
intent to remain),
2. residence is temporary and may be
changed anytime (there is no necessary
intent to remain).

Requisites of Domicile:
1. Physical Presence
2. Intent to remain permanently

Kinds of Domicile:
1. Domicile of Origin
Domicile of parents of a person a tthe
time he was born.
2. Domicile of Choice
Domicile chosen by a person, changing
his domicile of origin.
A 3rd requisite is necessary intention
not to return to ones domicile as his
permanent place.
3. Domicile by Operation of Law (i.e.,Article
69, domicile of minor)


Construction of residence:
1) Although residence and domicile are
used interchangeably, they are NOT
synonymous in connection with citizenship,
jurisdiction, limitations, school privileges,
probate and succession. (Uytengsu v.
Republic,1954)
2) As used in the Naturalization Law, residence
means actual and substantial residence, not
domicile. (Uytengsu v. Republic, 1954)
3) HOWEVER, in election law, residence is
synonymous with domicile. (Romualdez-
Marcos v. Comelec, 1995)



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
notsubject 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
18 SCRA 994
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
12 SCRA 648
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
289 SCRA 188 (1998)
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.


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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)


J ones v. Hallahan
501 S.W. 2d 588
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
51 Phil 68
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)

Absence Defect Irregularity
Essential Void* Voidable
Formal Void* No effect
on
validity
but
party
responsible
will be
liable.


*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 thefollowing
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 which a
chaplain is assigned, in the absence of the
latter (Art 7, par. 4 FC);
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)
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)


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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
GR 133778 (2000)
There must be no legal impediment during
the entire five or more years that the parties are
living as husband and wife.


Things to do at the local civil registrar:
1) File an application of marriage license at the
proper local civil registrar. (Art.11, FC)
2) Present birth or baptismal certificate. (Art. 12,
FC)
3) If aged 18-21 years, present parental
consent. (Art. 14, FC)
4) If aged 21-25, present parental advice. (Art.
15, FC)
5) If aged 18-25, present certificate of marriage
counseling from your priest. (PD 965)
6) Pay the required fees. (Art 19, FC)
7) If foreigner, 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;
2. 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




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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,
except when one or both parties
believe that the solemnizing officer
had authority to do so.
3. There is no marriage license,
except in marriage under exceptional
circumstances
4. It is bigamous or polygamous,
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:
Marriage is void when Art. 52 is not
complied with: the following must
be recorded in the appropriate civil
registry:
a) Judgment of annulment or of
absolute nullity of marriage;
b) Partition and distribution of
the properties of the spouses
c) 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
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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. 40 not 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 to
comply with the essential marital obligations.
Procreation is one of the essential marital
obligations under the Family Code. The
prolonged refusal of a spouse to have sex with
his spouse, even though capable, is equivalent
to psychological incapacity.


Santos v. CA
G.R. 112109 (1995)
Psychological incapacity under Art. 36, FC is
not meant to comprehend all possible cases of
psychoses. It should refer, rather, to no less than a
mental (not physical) 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.
Psychological incapacity 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 constitute
psychological incapacity. It must be shown that
respondents unfaithfulness is a manifestation of a
disordered personality which makes him
completely unable to discharge the essential
obligations of the marital state and not merely due
to his ardent wish to have a child of his own flesh
and blood. Mere showing of irreconcilable
differences and conflicting personalities does not
constitute psychological incapacity.


Republic v. Quintero-Hamano
G.R. No. 149498 (2004)
In proving psychological incapacity, there
should be no distinction between an alien
spouse and a Filipino spouse. We cannot be
lenient in the application of the rules merely
because the spouse alleged to be psychologically
incapacitated happens to be a foreign national.
The medical and clinical rules to determine
psychological incapacity were formulated on the
basis of studies of human behavior 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 be existing
at the time of the celebration of the
marriage.
4) Such incapacity must also be shown to be
medically or clinically permanent or
incurable.
5) Such illness must be grave enough to bring
about the disability of the party to assume the
essential obligations of marriage.
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6) The essential marital obligations must be
those embraced by Articles 68 up to 71 of the
Family Code as regards the husband and wife
as well as Articles 220, 221, and 225 of the
same Code in regard to parents and their
children.
7) Interpretations given by the National
Appellate Matrimonial tribunal of the
Catholic Church in the Philippines, should be
given great respect by our courts.
8) The trial court must order the prosecuting
attorney or fiscal and the Solicitor General to
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 the
respondent to be examined by an expert, as
the psychological incapacity may be
established by the totality of the evidence
presented.

** A.M. No. 02-11-10-SC (March 13, 2003)
made the ff. modifications to the Molina
doctrine:
1) The appearance of the Solicitor General
is no longer necessary.
2) Expert opinion need not be alleged, as
long as the physical manifestations of
psychological incapacity at the time of
celebration of marriage are alleged.


Tenebro v. CA
G.R. No. 150758 (2004)
The subsequent judicial declaration of nullity
of marriage on the ground of psychological
incapacity does not retroact to the date of the
celebration of the marriage insofar as the
Philippine penal laws are concerned. As such, an
individual who contracts a second or subsequent
marriage during the subsistence of a valid
marriage is criminally liable for bigamy,
notwithstanding the subsequent declaration that
the second marriage is void ab initio on the
ground of psychological incapacity.


Buenaventura v. CA
G.R. No. 127358 (2005)
By declaring the petitioner as psychologically
incapacitated (hence beyond the control of the
party because of an innate inability), the
possibility of awarding moral damages on the
same set of facts was negated.
The award of moral damages should be
predicated, not on the mere act of entering
into the marriage, but on specific evidence that it
was done deliberately and with malice by a party
who had knowledge of his or her disability 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 marriage based on
psychological incapacity had been denied. There
is only one cause of action for both petitionsthe
nullity of the marriage.
Moreover, in the first case, petitioner impliedly
conceded that the marriage was conduced in
accordance with law, since he never raised the
issue of lack of marriage license. Petitioner is
now bound by this admission.


BIGAMOUS MARRIAGE (Art. 41, FC)

2 Kinds of bigamous marriage:

VOID
Bigamous marriage
VOIDABLE
bigamous marriage
Contracted during
subsistence of
previous marriage
Contracted by spouse
present upon the
presumption of death
of first spouse
Good faith of
remarrying party
is immaterial; if in
bad faith, he
becomes liable for
bigamy


General Rule:
Marriage contracted by any person during the
subsistence of a previous marriage is VOID.
Good faith is immaterial here.

Exception:
If before the celebration of the subsequent
marriage
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1) The first spouse has been absent for four
consecutive years, or two years under
extraordinary circumstances, and
2) The surviving spouse has a well founded
belief that the spouse is dead, and
3) There is a judicial declaration of
presumptive death, without prejudice to the
effect of the reappearance of the absent
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. He
contracted the second marriage during the
subsistence of the first marriage. He contracted
the third marriage after the death of his first wife.
He was prosecuted for bigamy on his third
marriage. The Supreme Court held that he is not
guilty for bigamy for his third marriage, since his
prior subsisting marriage has already been
extinguished by the death of his first wife. It is
the second marriage that is bigamous.


Morigo v. People
G.R. No. 145226 (2004)
General Rule: Even if the first marriage is
judicially declared void only after contracting
the second marriage, the second marriage is
still bigamous.
Exception: Said second marriage is not bigamous
if the first marriage was void due to
the fact that no marriage ceremony was
solemnized at all. Here, the parties merely
signed a marriage contract on their own. No
semblance of marriage, no need for judicial
declaration 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 properties
of the spouses. If either spouse acted in bad
faith, his/her share in the net profits will 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 conjugal partnership
must be notified of the proceedings of
liquidation.
6) Conjugal dwelling given to the spouse
with whom majority of the children choose
to remain.
7) Parties can remarry after compliance with
Art. 52, FC.
8) Donation propter nuptias remains valid,
(but if the donee contracted marriage in bad
faith, donations will be revoked)
9) Insurance benefits innocent spouse may
revoke designation of guilty party as
beneficiary, even if such designation is
irrevocable
10) Donations - If both parties of subsequent
marriage acted in bad faith, any donations
and testamentary dispositions made by one
party to the other by reason of marriage will
be revoked
11) Succession Rights Party in bad faith
disqualified to inherit from innocent
spouse, whether testate or intestate

Note: Except for #1, the above also effects apply
to marriages which are annulled (and to voidable
bigamous marriages.)



V. VOIDABLE MARRIAGES

A. GROUNDS (CIF-mspd-FIS) (Art. 45, FC)
1. One of the parties is 18 or above but below
21, and there is no parental consent.
2. Either party was of unsound mind
(insanity).
3. The consent of either party was obtained
through fraud (different from mistake in
identity):
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a) through non-disclosure of a
previous conviction of a crime
involving moral turpitude;
b) through concealment of the wife of
the fact that she was pregnant by
another man;
c) through concealment of a sexually
transmitted disease, even if not
serious or incurable;*
d) through concealment of drug
addiction, habitual alcoholism or
homosexuality/lesbianism. (Art.46,
FC)
4. The consent of either party was obtained
through force, intimidation, or undue
influence.
5. Either party is physically unable to
consummate the marriage (impotence; this
is different from sterility).
6. Either party has a serious and incurable
sexually-transmissible disease, even if not
concealed.*

*STD: Art. 45 v. Art. 46


Art. 45 STD Art. 46 STD
Ground for annulment The STD is a type of
fraud which is a
ground for annulment
Does not have to
be concealed
Must be concealed

Must be serious
and incurable
Need not be serious
nor incurable
It is the concealment
that gives rise to the
annulment
The STD itself is the
ground for annulment



Buccat v Buccat
72 Phil. 19
It held that it is unbelievable that the wife
could have concealed the fact that she was 6
months pregnant at the time of the marriage.
Annulment not granted.


Aquino v Delizo
109 Phil. 21
The Supreme Court granted annulment
because the wife concealed the fact that she was 4
months pregnant during the time of the marriage.
It argued that since Delizo was naturally plump,
Aquino could hardly be expected to know, by
mere looking, whether or not she was pregnant at
the time of the marriage.


Corpuz v. Ochoterena
AM No. RTJ-04-1861 (2004)
In a legal separation or annulment case, a
prior collusion investigation by the prosecuting
attorney is a condition sine qua non for further
proceedings if the defendant fails to answer. A
certification by the prosecutor that he was present
during the hearing and even cross-examined the
plaintiff does not suffice to comply with the
mandatory requirement.


Ground
(Art. 45)
Who can
file
(Art. 47)
Prescription
(Art. 47)

Ratification
(Art. 45)

Lack of
parental
consent
1.
Underage
party
1. 5
years
after
attaining
21.
Free
cohabitation
after
attaining
age of
21. 2. Parent
or
guardian
2. Before
child
reaches
21.
Insanity 1. Sane
spouse
with no
knowledge
of the
others
insanity
2. Legal
guardian
of insane
party
1. Any
time
before
the death
of insane
party

Free
cohabitation
of
insane
party
after
coming
to reason

3. Insane
party
2. During
lucid
interval
or after
regaining
sanity,
and
before
Fraud Injured
death
party
(defrauded
party)
Five
years
after
discovery
of fraud
Free
cohabitation
after
having
full
knowledge
of
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fraud
Force,
intimida
tion,
undue
influence
Injured
party

Five
years
after
disappea
-rance of
force or
intimidation
Free
cohabitation
after
the force
has
ceased
or
disappeared

Impoten
ce
Healthy
party
Five years
After
marriage
Deemed
ratified
when
action
prescribes
STD Healthy
party
Five
years
after
marriage
Deemed
ratified
when
action
prescribes



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 4
consecutive years, or 2 years in cases
under Art. 391 CC.
2. The spouse present has a well-founded
belief that the absent spouse was already
dead.
3. The spouse present must institute a
summary proceeding for the declaration
of presumptive death of the absentee,
without prejudice to the effect of
reappearance of the absent spouse.

Effect of reappearance of absent spouse:
General rule:
The subsequent marriage remains valid.
Exception:
It is automatically terminated by the
recording of the affidavit of reappearance of
the absent spouse.
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 the
presumptive death of respondents absent
spouse based on Art. 41, FC. The Republic
appealed the decision to the CA. Applying
Art. 247 FC, the SC ruled that the CA did not
have jurisdiction over the appeal because
summary proceedings are immediately final
and 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 their moral and
material welfare, their choice of parent with
whom they wish to remain.
3. The court shall also provide for visitation
rights of other parent.

No child under 7 years shall be separated
from the mother unless there is a compelling
reason to do so.

To prevent collusion between the parties,
fabrication or suppression of evidence, the
prosecuting attorney or fiscal shall appear on
behalf of the State. (Art. 48, FC)



D. VOID MARRIAGES vs. VOIDABLE
MARRIAGES

Void Marriage Voidable
Marriage
Nature INEXISTENT
from the
beginning
VALID until
annulled by
court
Covalidation CANNOT be
covalidated
CAN be
covalidated by
prescription or
free
cohabitation
Effect on
property
No Community
Property, only
Co-ownership
ACP exists
unless another
system is
instituted
through
marriage
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settlement

Legitimacy
of
children
General rule:
Children are
ILLEGITIMATE
(Art. 165)
Exception:
In void
marriages
by reason of
psychologica
l incapacity
(Art. 36) or
non-partition
of properties
in a previous
marriage
(Art. 53),
children are
considered
LEGITIMATE
Children are
LEGITIMATE
if conceived
before decree
of annulment

How to
impugn
May be
attacked
DIRECTLY or
COLLATERALLY
, except for
purpose of
remarriage
(there must be
JDN)
Can only be
attacked
DIRECTLY
(there must be
annulment
decree)

Effect of
death of
parties
May still be
impugned after
death of
parties
Can no longer
be impugned
after death of
parties




E. JURISDICTION

Tamano v. Ortiz
291 SCRA 584 (1998)
PD No. 1083 (Code of Muslim Personal
Laws of the Philippines) does not provide for a
situation where the parties were married both in
civil and Muslim rites. Consequently, the shari'a
courts are not vested with original and exclusive
jurisdiction when it comes to marriages
celebrated under both civil and Muslim laws.
Hence, the Regional Trial Courts have
jurisdiction over such cases.



VI. LEGAL SEPARATION

A. GROUNDS (VAPIDHIBLA) (Art. 55, FC)
1. Repeated physical violence or grossly
abusive conduct directed against petitioner,
a common child, or a child of the petitioner.
2. Physical violence or moral pressure to
compel petitioner to change religious or
political affiliation.
3. Attempt of respondent to corrupt or induce
petitioner, a common child, or child of
petitioner, to engage in prostitution or
connivance in such corruption or
inducement.
4. Final judgment sentencing respondent to
imprisonment of more than 6 years, even if
pardoned (executive pardon, not pardon
from offended party).
5. Drug addiction or habitual alcoholism of
respondent.
a) When it existed from the time of
celebration, and concealed from
petitioner, can be a ground for
annulment of marriage.
b) When it occurred only after the
marriage, it is only a ground for
legal separation, whether concealed
or not.
6. Lesbianism or homosexuality of
respondent.
Same as rules on drug addiction
7. Contracting by respondent of a subsequent
bigamous marriage, whether in the
Philippines of abroad.
8. Sexual infidelity or perversion.
9. Attempt on the life of petitioner by
respondent.
There is no need for criminal
conviction.
10. Abandonment of petitioner by respondent
without justifiable cause for more than one
year.


Gandioco v Pearanda
155 SCRA 725 (1989)
In sexual infidelity as a ground for legal
separation, there is no need for prior conviction
for concubinage, because legal separation only
requires a preponderance of evidence, as opposed
to proof beyond reasonable doubt required in
concubinage.


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Lapuz v. Eufemio
43 SCRA 177
The action of the plaintiff in filing for legal
separation does not survive after her death. Death
of either spouse dissolves the marriage. An action
for legal separation is purely personal between
the spouses.


Dela Cruz. v. Dela Cruz
22 SCRA 333
Abandonment is not mere physical
abandonment but also financial and moral
desertion. There must be an intention never to
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 legal separation (5
years from occurrence of the 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)

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).
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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
6. guilty spouse from innocent spouse is
restored.
7. 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 the
alien spouses abroad which capacitates
him/her to remarry, the Filipino spouse shall
likewise have the capacity to remarry. (Art.
26, par. 2FC)

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.


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. Live together
2. Observe mutual love, respect, and fidelity
3. Render mutual help and support
4. Fix the family domicile.
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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 family before
OR after the 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. Married Women: (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 I AC
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. GENERAL PROVISIONS

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. Local Customs


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
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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. Contrary stipulation


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. Legal Separation (Art. 63 (2), FC)
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 property, or
c) The authority to be the sole
administrator of the conjugal
partnership
If the other spouse abandons the other
without just cause or fails to comply with
his or her obligations to the family. (Art.
128)
4. Judicial Dissolution (Arts. 135 and 136)


B. DONATIONS BY REASON OF
MARRIAGE

Requisites of donations propter 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 eduction
for inofficiousness upon the donors death, if they
should infringe the legitime of a forced heir.

Distinguished from Ordinary Donations:

DONATIONS
PROPTER NUPTIAS
ORDINARY
DONATIONS
Does not require
express acceptance
Express acceptance
necessary
May be made by minors
(Art. 78)
Cannot be made by
minors
May include future
property
Cannot include future
property
If present property is
donated and property is
not absolute community,
limited to 1/5
No limit to donation of
present property provided
legitimes are not impaired
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Grounds for revocation -
In Art. 86
Grounds for revocation
in donation laws




RULES:

1. Before Marriage
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. During Marriage
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 declared void 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. 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:
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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)
Under the ACP, spouses cannot exclude
specific properties from the regime.

What is Excluded (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 ACP

3. 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
A. Spouses
i. Even if not living together except
when a spouse leaves conjugal
home without just cause
ii. Even during pendency of action for
legal separation or annulment of
marriage
B. Common children
C. Legitimate children of previous marriage

2. Debts and Obligations Contracted During
Marriage
A. Either by both spouses or one of them,
with the consent of the other.
B. 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 by Both 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
a) Only ff the debtor-spouse has no
exclusive property or his or her
property is insufficient.
b) 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

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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 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 facto separation does not affect the ACP.
EXCEPT that:
1. Spouse who leaves the conjugal home
without just cause shall not be entitled to
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 is prima 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
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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
extrajudicially 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. J avillo
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:

A. Property by direct acquisition, or property
that is originally exclusive:
1. Property brought into marriage by each
spouse as his/her own Art. 109(1)
2. Property acquired by either spouse
during the marriage by gratuitous title
Art 109 (2)

B. 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 with exclusive
money of either spouse- Art. 109 (4)

C. Other Separate Property:
5. Collection of credits belonging to one
spouse exclusively
6. Sale of separate property of a spouse
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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 through occupation 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:
1. 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
2. If winning ticket is bought by conjugal funds
= prize is conjugal
presumption is ticket bought during
marriage is bought by conjugal funds


Property bought on installments paid partly
from exclusive funds of the spouses and
partly from 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


Property belonging to one spouse converted
into another kind totally different in nature
from its original form during marriage
becomes conjugal 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 the original property from the
conjugal partnership


Upon dissolution of marriage or partnership,
the net gains or benefits from the partnership
shall be divided equally between the spouses,
unless they have agreed on another manner of
division in their marriage settlement.


Money received under the Social Security
Act is not conjugal, although the employee-
spouse contributes to the SSS with his
salaries, but belongs to the designated
beneficiary under the Social Security Law


Intellectual property, like copyright or
patent, should, according to Tolentino, citing
Planiol and Ripert, be considered separate
property of 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 as
pertaining exclusively to its creator


Business property like trade-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
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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 to groundless


If the conjugal partnership is insufficient to
cover the foregoing liabilities, the spouses
shall be solidarily liable for the unpaid
balance with their separate properties.


Disposition or encumbrance of conjugal
property requires:
1. The consent or approval by both spouses;
OR
2. Judicial authority secured in court


Mere awareness of a transaction is NOT
consent

Ayala I nvestment v. 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 paid out 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) The net remainder of the conjugal
partnership properties, or the profits, which
shall be divided equally between husband
and wife

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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):
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



CPG vs. ACP:

CPG ACP
1.
Property
acquired
before
marriage
Each spouse
retains his/her
property; only
fruits part of
Conjugal property
Properties
become part of
community
property

2.
Property
acquired
during
Part of conjugal
property

Becomes
conjugal
property.

marriage
3. Upon
dissolution
of
marriage
Separate properties
are returned; net
profits divided
equally between
spouses or heirs.
Net remainder of
ACP divided
equally between
spouses or heirs.
4. basis Capital and
properties of
spouses kept
separate and
Distinct from
benefits;
insurmountable
obstacle to
presumption of
solidarity
Mutual trust and
confidence
between spouses;
fosters oneness of
spouses

5.
Liquidation
Exclusive
properties will
have to be
identified and
returned, and
sometimes,
identification is
difficult.
Easier to
liquidate
because net
remainder of
community
properties are
simply divided
between spouses
or heirs.



CPG ACP

E. SEPARATION OF PROPERTIES
DURING MARRIAGE
In the absence of an express declaration in the
marriage settlements, the separation of
property between the spouses during the
marriage shall not take place except by
judicial order. (Art. 134)
Judicial separation of property may either be
voluntary or for sufficient cause.


SUFFICIENT CAUSES FOR JUDICIAL
SEPARATION OF PROPERTIES (CALASA)
(ART. 135):
1) Spouse of the petitioner has been
sentenced to a penalty which carries
with it civil interdiction.
2) Spouse of the petitioner has been
judicially declared an absentee.
3) Loss of parental authority of the spouse
of petitioner has been decreed by the
court.
4) Spouse of the petitioner has abandoned
the latter or failed to comply with his or
her obligations to the family.
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5) The spouse granted the power of
administration in the marriage
settlements has abused that power.
6) At the time of the petition, the spouses
have been separated in fact for at least
one year and reconciliation is highly
improbable.

Each spouse shall contribute to the family
expenses, in proportion to their income. In
case of insufficiency, the market value of
their separate properties. (Art. 146)

Liability of spouses to the creditors of the
family shall be SOLIDARY. (Art. 146, par.
2)


EFFECTS OF SEPARATION OF
PROPERTY BETWEEN SPOUSES:
1. ACP or CPG is dissolved and liquidated
2. The liability of the spouses to creditors
shall be solidary with their separate
properties
3. mutual obligation to support each continues
except when there is legal separation
4. rights previously acquired by creditors are
not prejudiced


REVIVAL OF PROPERTY REGIME IN
THE FF. INSTANCES (ART. 141):
1. When the civil interdiction terminates.
2. When the absentee spouse reappears.
3. When the court, being satisfied that the
spouse granted the power of administration
in the marriage settlements will not again
abuse that power, authorizes the
resumption of said administration.
4. When the spouse who has left the conjugal
home without a decree of legal separation
resumes common life with the other;
5. When parental authority is judicially
restored to the spouse previously deprived
thereof;
6. When the spouses who have separated in
fact for at least one year, reconcile and
resume common life.
7. When after voluntary dissolution of the
absolute community of property or conjugal
partnership has been judicially decreed
upon the joint petition of the spouses, they
agree to the revival of the former property
regime. No voluntary separation of property
may thereafter be granted.


TRANSFER OF ADMINISTRATION TO
THE OTHER SPOUSE WHEN (GACA) (ART.
142):
1) When one spouse becomes the guardian
of the other.
2) When one spouse is judicially declared an
absentee.
3) When one spouse is sentenced to a
penalty which carries with it civil
interdiction.
4) When one spouse becomes a fugitive
from justice or is in hiding as an accused
in a criminal case.

If the other spouse is not qualified by reason
of incompetence, conflict of interest, or any
other just cause, the court shall appoint a
suitable person to be the administrator.



F. PROPERTY REGIME OF
UNIONS WITHOUT MARRIAGE

Art.147 Art.148
Applicability 1. man and
woman
2. living together
As husband and
wife
3. with capacity
to marry (Art.5
Without any legal
impediment)
at least 18
years old
not Art. 37
(incestuous
void marriage)
not Art.38
(void marriage
by reason of
public policy)
not bigamous
4. other void
Marriages due to
absence of formal
requisite
1. man and
woman
2. living together
as husband and
wife
3. NOT
capacitated
to marry
(Art.35(1)
under 18
years old)
4. adulterous
relationship
(e.g.
concubinage)
5. bigamous/
polygamous
marriage
(Art.35(4))
6. incestuous
marriages under
Art.37
7. Void marriages
by reason of
public policy
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under Art.38
Salaries and
wages
Owned in
equal shares
Separately
owned by
parties
Properties
acquired
through
exclusive
funds
Remains
exclusive
provided
there is proof

Remains
exclusive
Properties
Acquired by
both
through
work or
industry
Governed by
rules on co-
ownership

Owned in
common in
proportion to
respective
contribution

Properties
acquired
while
living
together
Owned in
equal shares
since it is
presumed to
have been
acquired
through joint
efforts
if one party did
not participate
in acquisition,
presumed to
have
contributed
through care
and
maintenance of
family and
household
No presumption
of joint
acquisition.
When there is
evidence of joint
acquisition but
none as to the
extent of actual
contribution,
there is a
presumption of
equal sharing
Forfeiture When only one of
the parties is in
good faith, the
share of the party
in bad faith shall
be forfeited:
1. In favor of
Their common
children

2. In case of
default of or
waiver by any or
all of the
common children
or their
descendants, each
vacant share shall
belong to the
respective
surviving
descendants

If one party is
validly married to
another:
- his/her share
in the co-owned
properties will
accrue to the
ACP/CPG of
his/her existing
valid marriage.

If the party who
acted in bad faith
is not validly
married to
another, his/her
share shall be
forfeited in the
same manner as
that provided in
Art 147.

The same rules
3. In the absence
of such
descendants, such
share belongs to
the innocent party
on forfeiture
shall apply if
both parties
are in bad faith




IX. THE FAMILY

FAMILY basic social institution which public
policy cherishes and protects hence, no suit
between members of the family shall prosper
unless compromise between parties has failed.


FAMILY RELATIONS INCLUDE:
1. Between husband and wife
2. Between parents and children
3. Among other ascendants and descendants
4. Among brothers and sisters, full or half
blood.


General Rule:
For a suit between members of the same
family to prosper, the following are required:
A. Earnest efforts towards a compromise have
been made
B. Such efforts have failed
C. Such earnest efforts and the fact of failure
must be alleged

[NOTE: The case will be dismissed if it is
shown that no such efforts were made.]

Exceptions to the general rule (VJLAFF):
a) Civil status of persons,
b) Validity of marriage or a legal separation,
c) Any ground for legal separation,
d) Future support,
e) Jurisdiction of courts,
f) Future legitime


Hontiveros v. RTC
309 SCRA 340 (1999)
Whenever a stranger is a party in a case
involving family members, the requisite showing
of earnest efforts to compromise is no longer
mandatory, as such inclusion of a stranger takes
the case out of the ambit of FC 151.

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FAMILY HOME - dwelling place of a person
and his family

Guidelines:
1. It is deemed constituted from time of actual
occupation as a family residence
2. It must be owned by person constituting it
3. It must be permanent
4. Rule applies to valid and voidable and even
to common-law marriages under Arts.147 and
148
5. It continues despite death of one or more
spouses or unmarried head of family for 10
years or as long as there is a minor
beneficiary (Art.159)
6. Can only constitute one family home


GENERAL RULE:
The family home is exempt from:
1. Execution
2. Forced sale
3. Attachment
Exceptions in the exemption of the family home
from execution (Art. 156):
1. Nonpayment of taxes.
2. Debts incurred prior to the constitution of
the family home.
3. Debts secured by mortgages on the
premises before or after such constitution.
4. Debts due to laborers, mechanics,
architects, builders, materialmen and
others who have rendered service or
furnished material for the construction of
the building.

Art.147 Art.148
Beneficiaries of the family home (Art. 154):
1. Husband and wife, or an unmarried
person who is the head of the family
2. Parents (may include parent-in-laws),
ascendants, descendants, brothers and
sisters (legitimate/illegitimate), who are
living in the family home and who
depend on the head of the family for
support.


Requisites to be a beneficiary:
1. The relationship is within those
enumerated,
2. They live in the family home,
3. They are dependent for legal support on
the head of the family.


Requirements for the sale, alienation,
donation, assignment, or encumbrance of
the family home:
1. the written consent of the person
constituting it,
2. his/her spouse, and
3. majority of the beneficiaries of legal age

[NOTE: If there is a conflict, the Court will
decide.]

In case of death (ART. 159):
The family home shall continue despite the
death of one or both spouses or of the
unmarried head of the family for a period of
ten years, or as long as there is a minor
beneficiary.
The heirs cannot partition the home unless the
court finds compelling reasons therefor.


Requisites for creditor to avail of the right
under article 160:
1. He must be a judgment creditor;
2. His claim is not among those excepted
under Article155, and
3. He has reasonable grounds to believe that
the family home is worth more than the
maximum amount fixed in Article 157


Procedure to avail of right under Article 160:
1. The creditor must file a motion in the
court proceeding where he obtained a
favorable for a writ of execution against
the family home.
2. There will be a hearing on the motion
where the creditor must prove that the
actual value of the family home exceeds
the maximum amount fixed by the FC
either at the time of its constitution or as
a result of improvements introduced
thereafter its constitution.
3. If the creditor proves that the actual value
exceeds the maximum amount the court
will order its sale in execution.
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4. If the family home is sold for more than
the value allowed, the proceeds shall be
applied as follows:
a. First, the obligation enumerated in
Article 155 must be paid
b. Then the judgment in favor of the
creditor will be paid, plus all the
costs of execution
c. The excess, if any, shall be
delivered


X. PATERNITY AND FILIATION

PATERNITY - the relationship or status of a
person with respect to his or her child (paternity
includes maternity).

FILIATION - the status of a person with
respect to his or her parents.


TYPES OF FILIATION:
1. Natural
a. Legitimate (Art. 164)
b. Illegitimate (Arts.165, 175, 176)
c. Legitimated (Arts. 167-172)
2. By Adoption (R.A. No. 8552 (Domestic
Adoption Act) and R.A. No. 8043
(Intercountry Adoption Act)


3 TYPES OF LEGITIMATE CHILDREN:
1. Legitimate proper
2. Legitimated
3. Adopted


2 TYPES OF ILLEGITIMATE CHILDREN:
1. Children of parents disqualified to marry
each other at conception and marriage.
2. Children of parents qualified to marry
each other.


A. LEGITIMATE CHILDREN

GENERAL RULE:
Those who are conceived OR born during a
valid marriage
EXCEPTI ONS to the general rule are those
children who are:
1. Conceived as a result of artificial
insemination
2. Born of a voidable marriage before
decree of annulment
3. Conceived or born before judgment of
annulment or absolute nullity under Art.
36 (psychological incapacity) becomes
final & executor
4. Conceived or born of a subsequent
marriage under Art. 53 (failure to record
the judgment, partition and distribution of
properties, and delivery of childrens
presumptive legitime)
5. Of mothers who may have declared
against their legitimacy or was sentenced
as an adulteress
6. Legally adopted
7. Legitimated, conceived and born outside
of wedlock of parents without
impediment at the time of conception and
who subsequently married


For children by artificial insemination to be
considered legitimate:
1. The artificial insemination is made on the
wife, not on another woman AND
2. The artificial insemination on the wife is
done with the sperm of the husband, or of
a donor, or both the husband and a donor
AND
3. The artificial insemination has been
authorized or ratified by both spouses on
a written instrument executed and signed
by them before the birth of the child,
AND
4. The written instrument is recorded in
civil registry together with the birth
certificate of the child


IMPUGNING LEGITIMACY:

Liyao v. Liyao
378 SCRA 563 (2002)
A child born within a valid marriage is
presumed legitimate even though the mother may
have declared against its legitimacy or may have
been sentenced as an adulteress. The child
himself cannot choose his own filiation.
If the husband, presumed to be the father,
does not impugn the legitimacy of the child, then
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the status of the child is fixed, and the latter
cannot choose to be the child of his mothers
alleged paramour.


Grounds to impugn the legitimacy of the
child:
1. Physically impossibility for the husband
to have sexual intercourse with his wife
within the first 120 days of the 300 days
which immediately preceded the birth of
the child because of:
a. Physical incapacity of the husband
to have sexual intercourse with his
wife
b. The fact that the husband and wife
were living separately in such a
way that sexual intercourse was not
possible, or
c. Serious illness of the husband
which absolutely prevented
intercourse.
2. Biological or other scientific grounds that
the child could not have been that of the
husband, except in the case of children
conceived through artificial insemination
a. Blood grouping tests can
determine non-paternity but not
paternity (ex. A-B-O test).
b. Human Leukocyte Antigen Test
(HLA) can prove identity
between child and father with a
probability exceeding 98%.
c. DNA test
d. Vasectomy [NOTE: SEMPIO-
DIY:A double vasectomy, together
with other pieces of evidence, can
show the impossibility of the
alleged father siring his supposed
child; STA. MARIA: The fact that
the husband has undergone
vasectomy is not enough proof to
rebut the presumption of legitimacy
(Cocharan v. Cocharan).]
3. Written authorization or ratification of
either parent of children conceived
through artificial insemination, when the
was obtained through mistake, fraud,
violence, intimidation, or undue
influence.



Who can impugn the legitimacy of a child
General Rule:
Only the husband can impugn the legitimacy
of a child.
Exceptions:
The heirs of the husband may impugn the
childs filiation in the following cases:
a. If the husband dies before the
expiration of period for filing the action
b. If the husband dies after filing without
desisting

If the child was born after the death of the
husband.


When to impugn the legitimacy of a child:

1. Within 1 year from knowledge of the birth
or its recording in the civil register, if the
impugner resides in the city or municipality
where the birth took place or was recorded;

2. Within 2 years from knowledge of the
birth or its recording in the civil register, if
the impugner resides in the Philippines other
than in the city or municipality where the
birth took place or was recorded;

3. Within 3 years from knowledge of the
birth or its recording in the civil register, if
the impugner resides abroad

NOTE: Legitimacy cannot be collaterally
attacked. It can only be impugned in a direct
action.


If the birth of the child has been concealed or
was unknown to the husband or his heirs, the
above periods shall be counted:
1. From the discovery or knowledge of the
birth of the child
2. From the discovery or knowledge of the
fact of registration of the birth, whichever
is earlier.





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IN CASE OF TWO MARRIAGES OF THE
MOTHER:

For the child to be considered the child of
the 1st husband, the following requisites
must concur:
1. The mother must have married again
within 300 days from the termination of
her first marriage
2. The child was born within the same 300
days after the termination of the former
marriage of its mother
3. The child was born before 180 days
after the solemnization of its mother's
2nd marriage


For the child to be considered the child of the 2nd
husband, the following requisites must concur:
1. The mother must have married again
within 300 days from the termination of
the marriage.
2. The child was born within the same 300
days after the termination of its mother's
first marriage.
3. The child was born after 180 days
following the solemnization of its
mother's second marriage.
NOTE: The first marriage must be terminated
either by death or annulment.

There is no presumptive rule on the status of
a child born after 300 days following the
termination of the marriage. (Art. 169)
[Reason: 300 days is the longest period of
gestation.]


B. PROOF OF FILIATION
1. The record of birth appearing in the
civil register or a final judgment.
2. An admission of legitimate filiation in a
public document or a private handwritten
instrument and signed by the parent
concerned.

Or, in their Absence:
1. The open and continuous possession of
the status of a legitimate or illegitimate
child; or
2. Any other means allowed by the Rules of
Court and special laws.


J ison v. CA
286 SCRA 495 (1998)
To prove open and continuous possession of
the status of an illegitimate child, there must be
evidence of the manifestation of the permanent
intention of the supposed father to consider the
child as his, by continuous and clear
manifestations of parental affection and care,
which cannot be attributed to pure charity.

Continuous means uninterrupted and
consistent, but does not require any particular
length of time.


Cabatania v.CA
G.R. No. 124814 (2004)
A certificate of live birth purportedly
identifying the putative father is not competent
evidence of paternity when there is no showing
that the putative father had a hand in the
preparation of said certificate. The local civil
registrar has no authority to record the paternity
of an illegitimate child on the information of a
third person.
While a baptismal certificate may be
considered a public document, it can only serve
as evidence of the administration of the sacrament
on the date specified but not the veracity of the
entries with respect to the childs paternity. Thus,
certificates issued by the local civil registrar and
baptismal certificates are per se inadmissible in
evidence as proof of filiation and they cannot be
admitted indirectly as circumstantial evidence to
prove the same.


Herrera v. Alba
G.R No. 148220 (2005)
To be effective, the claim of filiation must be
made by the putative father himself and the
writing must be the writing of the putative father.
A notarial agreement to support a child whose
filiation is admitted by the putative father was
considered acceptable evidence. Letters to the
mother vowing to be a good father to the child
and pictures of the putative father cuddling the
child on various occasions, together with the
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certificate of live birth, proved filiation. However,
a student permanent record, a written consent to a
fathers operation, or a marriage contract where
the putative father gave consent, cannot be taken
as authentic writing. Standing alone, neither a
certificate of baptism nor family pictures are
sufficient to establish filiation.


ACTION TO CLAIM LEGITIMACY
1. The child can bring the action during his
lifetime
2. If the child dies after reaching majority
without filing an action, his heirs can
longer file the action after death
3. If the child dies during minority in the
state of insanity, his heirs can file the
action for him within 5 years from the
childs death
4. If the child dies after commencing the
action, the action will survive and his
heirs will substitute for him