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Ravago Doctrines for Persons

CIVIL CODE
Tanada vs Tuvera - The clause unless it is otherwise provided refers to the date of effectivity and not to the requirement of
publication itself, which cannot be omitted. Publication is indispensable in every case, but the legislature in its discretion
provide that the usual fifteen day period shall be shortened or extended.
People vs Que Po Lay - Circular has no force and effect because it was not published. Article 2 of the new Civil Code
provides that laws shall take effect after fifteen days following their publication in the Official Gazette, unless otherwise
provided. While Central Bank Circular No. 20 is not of a statute or law but being issued for the implementation of the law
authorizing its issuance, it has the force and effect of law according to settled jurisprudence
Que Po Lay is accused of violating Circular No. 20 of the Central Bank requiring those who are in possession of foreign
currency to sell the same to the Central Bank
Garcia vs Recio - Before a foreign divorce decree can be recognized by our courts, the party pleading it must prove the
divorce as a fact and demonstrate its conformity to the foreign law allowing it.
Garcia filed a declaration of nullity of marriage on the ground of bigamy alleging that Recio had a prior subsisting marriage
at the time he married her and only had knowledge of it in 1997.
Recio countered wifes claim asserting that he disclosed the previous marriage to her in 1993. Moreover, he contended that
his first marriage had been validly dissolved by a divorce decree obtained in Australia in 1989 making him legally
capacitated to marry.
DM Consunji vs CA - Issue: Whether Marias availment of the death benefits provided under the Labor Code amounts to a
waiver of her rights to claim for damages from petition under the Civil Code?
Held: No because maria was not only ignorant of the fact but of her rights as well. Marias election of the death benefits
does not bar any action inconsistent with the elected remedy. For a waiver to become valid, there must be an intentional
relinquishment of a known right. Where one lacks knowledge of a rights, there is no basis upon which waiver of its can rest.
Cui vs Arellano U - Issue: Whether or not the scholarship contract waived his right to transfer to another school without
refunding to the latter the equivalent of his scholarship in cash valid or not? NO.
Morals are those generally accepted principles of morality w/c have received some kind of social & practical confirmation.
Miciano vs Brimo - testators national law will govern
Issue: Whether or not the national law of the testator is the one to govern his testamentary disposition.
Held: Joseph Brimo, a Turkish citizen, though he declared in his will that Philippine laws must govern the disposition of his
estate; however, it must not prejudice the heir or legatee of the testator.
Therefore, the testators national law must govern in accordance with Article 10 of the Civil Code.
Pilapil vs Ibay-Somera - foreign divorce valid, cannot file adultery case any more
divorce decree is valid in the Philippines. In the present case, the fact that the
Private respondent obtained a valid divorce in his country is admitted. Said divorce and its legal effects may be recognized
in the Philippines insofar as private respondent is concern in view of the nationality principle on our civil law on the matter
of the status of persons.
Under this consideration, private respondent, being no longer the husband of the petitioner, had no legal standing to
commence the adultery case under the imposture that he was the offended spouse at the time he filed the suit.

Roehr vs Rodriguez - may custody be determined in our courts despite divorce being obtained abroad? Yes..
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In order to take effect, a foreign judgement must clearly show that the opposing party has been given ample opportunity to
do so under the Rules of Civel Procedure. Accoringly, the respondent was not given the opportunity to challenge the
judgement of the German Court, therefore, legal effects of divorce must be determined in our courts. The court held that the
trial court has jurisdiction over the issue between the parties as to who has parental custody.
Nikko Hotel Manila vs Reyes - hotel employee asks Reyes to leave the event. when asked how close was she he said very
close because we nearly kissed each other. Considering the close proximity, it was Ms. Lims intention to relay the request
only be heard by him. No ill-motive. Not liable.
Supreme Court held that petitioners did not act abusively in asking Mr. Reyes to leave the party. Plaintiff failed to establish
any proof of ill-motive on the part of Ms. Lim who did all the necessary precautions to ensure that Mr. Reyes will not be
humiliated in requesting him to leave the party. Considering almost 20 years of experience in the hotel industry, Ms. Lim is
experienced enough to know how to handle such matters. Hence, petitioners will not be held liable for damages brought
under Article 19 and 20 of the Civil Code.
Quisimbing vs Meralco - tampered meter, respondents were ordered to pay differential. but meralco is liable for moral
damages. immediate disconnection without due process
Moral damages may be recovered when rights of individuals including right against the deprivation of property without due
process of law are violated. During the inspection, no government official or ERB representative was present, as required
by the law regarding disconnection of electricity.
Gasheem Shokat Baksh vs CA
In the light of the above laudable purpose of Article 21, the court held that where a mans promise to marry in fact the
proximate cause of the acceptance of his love by a woman and his representation to fulfill that promise thereafter becomes
the proximate cause of the giving of herself unto him in sexual congress, proof that he had, in reality, no intention of
marrying her and that the promise was only subtle scheme or deceptive device to entice or inveigle her to accept him and
obtain her consent to sexual act could justify the award of damages pursuant to Article 21 not because of such breach of
promise of marriage but because of the fraud and deceit behind it, and the willful injury to her honor and reputation which
followed thereafter.
Globe Mackay Cable and Radio Corp vs CA - While an employer has the right to dismiss an employee who was involved in
anomalous transactions, the right of dismissal should not be exercised in an abusive manner, such as by making accusations
of being a crook, forcing him to take a forced leave, threatening to file a hundred suits against him. Hence, the employer is
liable for damages. Art 21 applies.
UE vs Jader - prepared for bar but was not able to take it because of incomplete reqs, he thought it was complete because it
was approved by the Dean. Misleading he had complete reqs. UE liable under Art 19.
It is the contractual obligation of the school to timely inform and furnish sufficient notice and information to each and every
student as to where he or she had already complied with the entire requirement for the conferment of a degree or whether
they should be included among those who will graduate. The school cannot be said to have acted in good faith. Liable under
Art 19
Pe vs Pe - Defendant frequently visited the girls house on the pretext of teaching her how to pray the rosary. They fell in
love and had clandestine trust until they disappeared. Parents deserve moral damages. Deliberate intention.
Defendant, not only deliberately, but thru a clever strategy, succeeded in winning the affection and love to the woman to the
extent of having illicit relations with her. The wrong caused to her and her family is contrary to morals etc as contemplated
in Art 21.
Tenchavez vs Escano - 1,000,000 in moral damages for dissuading daughter to go abroad and leave husband? Unfounded,
wounded their feelings and caused them anxiety, the same could in no way have seriously injured their reputation, or
otherwise prejudiced them, lawsuits having become a common occurrence in present society
Tenchavez initiated a case for legal separation and further alleged that Escaos parents dissuaded their daughter to go
abroad and causing her to be estranged from him hence hes asking for damages in the amount of P1,000,000.00.
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St Louis Realty Corp vs CA - wrong advertisment of house, no apologies from corp, right to recover damages. actionable
quasi delict
Recover damage for a wrongful advertisement in the Sunday Times where St Louis Realty Corp. misrepresented his house
with Mr. Arcadio. St Louis was grossly negligent in mixing up residences in a widely circulated publication. Furthermore, it
never made any written apology and explanation of the mix-up. It just contented itself with a cavalier "rectification ".
The trial court awarded Aramil P8,000 as actual damages, P20,000 as moral damages and P2,000 as attorney's fees.
Donato vs Luna - donato married to rosalinda. w/out nullity, he contracted 2nd marriage to Paz. Paz filed bigamy. Donato
filed annulment based on force intimidation. Prejudicial? NO.
The nullity of the second marriage is not determinative of petitioner Donatos guilt or innocence in the crime of bigamy.
Quimiging vs Icao -petition for support even if child is yet unborn? yes. A conceived child, although as yet unborn is given
by law a provisional personality of its own for all purposes favorable to it.
Geluz vs CA - abortion three times. may husband of woman who voluntarily procured abortion sue doctor for damages?
No.
Parents of unborn fetus cannot sue for damages on its behalf. A husband of a woman who voluntary aborted a child cannot
recover damages from the abortionist since damages must be inflicted upon the parents so as to collect damages at all.
Similarly, an action for pecuniary damages on account of personal injury or death. Pertains primarily to the injured.
De Jesus vs Syquia - husband acknowledge baby through letters as junior, sufficient proof of paternity? yes
the words of recognition junior, contained in the note refer to a baby then conceived was expected to be born in June.
Although the child was given a name of Ismael Loanco instead of Cesar Syquia Jr., his identity as the child who Syquia
intended to acknowledge is clear.
Limjoco vs Intestate of Fragrante - operation of ice plant awarded to estate of Fragrante because he died during application.
valid? yes. estate is considered artificial or judicial person.
The Supreme Court held that the estate of P.O.F. should be considered an artificial or juridical person for the purpose of the
settlement and distribution of his estate which, of course, includes the exercise during the judicial administration of those
rights and the fulfillment of those obligations of his which survived after his death.
The Supreme Court furthered that if by legal fiction the personality of P.O.F is considered extended so that any debts or
obligations left by, and surviving rights may be exercised for the benefit of his
creditors and heirs
Dumlao vs Family Plastic Products -
Judgment against Oria was void and sale of his land is also void. However, Orias heirs are not entitled to claim from the
corporation. It is for the reason that the corporation is unaware of Orias death because soliven did not appraise the Court or
the corporation of Orias demise.
CITIZENSHIP
Moy Ya Lim Yao vs CIR - Whether Lau Yuen Yeung ipso facto became a Filipino citizen upon her marriage to a Filipino
citizen. YES.Under Section 15 of Commonwealth Act 473, an alien woman marrying a Filipino, native born or naturalized,
becomes ipso facto a Filipina provided she is not disqualified to be a citizen of the Philippines under Section 4 of the same
law. declared to have become a Filipino citizen from and by virtue of her marriage
Frivaldo vs Comelec - gov-elect of Sorsogon but considered a foreigner. argues that he only sought american citizenship as
protection vs marcos. COMELEC: he is a foreigner.
Still, if he really wanted to disavow his American citizenship and reacquire Philippine citizenship, Frivaldo should have
done so in accordance with the laws of our country. Under CA No. 63 as amended by CA No. 473 and PD No. 725,
Philippine citizenship may be reacquired by direct act of Congress, by naturalization, or by repatriation. He failed to take
such categorical acts.
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Romuladez-Marcos vs Comelec - imelda was granted her petition. Court upheld the qualification of petitioner, despite her
own declaration in her certificate of candidacy that she had resided in the district for only 7 months, because of the
following:
(a) a minor follows the domicile of her parents; Tacloban became petitioners domicile of origin by operation of law when
her father brought the family to Leyte;
(b) domicile of origin is lost only when there is actual removal or change of domicile, a bona fide intention of abandoning
the former residence and establishing a new one, and acts which correspond with the purpose; in the absence of clear
and positive proof of the concurrence of all these, the domicile of origin should be deemed to continue;
(c) the wife does not automatically gain the husbands domicile because the term residence in Civil Law does not mean
the same thing in Political Law; when petitioner married President Marcos in 1954, she kept her domicile of origin and
merely gained a new home, not a domicilium necessarium;
(d) even assuming that she gained a new domicile after her marriage and acquired the right to choose a new one only after
her husband died, her acts following her return to the country clearly indicate that she chose Tacloban, her domicile of
origin, as her domicile of choice

FAMILY CODE
PT&T vs NLRC - company fired woman because she put single in her application form even if shes married. concealment
of status, ground to terminate? NO. Article 136 of the Labor Code, one of the protective laws for women, explicitly
prohibits discrimination merely by reason of marriage of a female employee
Estrada vs Escritor - jehovas witness. escritor lives-in with husband for 25 years. husband is still legally married to another
woman. may she be fired from work? NO. benevolent neutrality. exemption to the law bsed on right to freedom of religion.
No. The State could not penalize respondent for she is exercising her right to freedom of religion. The free exercise of
religion is specifically articulated as one of the fundamental rights in our Constitution.
The Court further states that our Constitution adheres the benevolent neutrality approach that gives room for
accommodation of religious exercises as required by the Free Exercise Clause. This benevolent neutrality could allow for
accommodation of morality based on religion, provided it does not offend compelling state interests.
Goitia vs Campos-Rueda - wife forced to leave conjugal abode because of the lewd designs and physical assault of husbad.
can claim support from the husband for separate maintenance even outside the conjugal home.
It was alleged that respondent demanded her to perform unchaste and lascivious acts on his genital organs. Petitioner
refused to perform such acts and demanded her husband other than the legal and valid cohabitation. Since Goitia kept on
refusing, respondent maltreated her by word and deed, inflicting injuries upon her lops, face and different body parts. The
trial court ruled in favor of respondent and stated that Goitia could not compel her husband to support her except in the
conjugal home unless it is by virtue of a judicial decree granting her separation. RTC wrong

Balogbog vs CA - though a marriage contract is considered primary evidence, failure to present doesn't mean marriage
didn't take placee. testimonies of witnesses was held competent to prove mayor and priest. auntie didn't know that his
brother had 2 children. children now thus entitled to grandparents estate

Eugenio vs Velez - custody of dead body, common law wife? NO. rightfully awarded to surviving kins

Cosca vs Palaypayon - judge solemnised MANY marriages without marriage license. refused to admit even with
photographs. void ab initio

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Article 4 of the Family Code pertinently provides that in the absence of any of the essential or formal requisites shall
render the marriage void ab initio whereas an irregularity in the formal requisite shall not affect the validity of the marriage
but the party or parties responsible for the irregularity shall be civilly, criminally, and administratively liable.

Wassmer vs Velez - cancels wedding 2 days before, wedding preparations done. breach of promise to marry not actionable.
action based on art 21, contrary to good morals, customs etc.

But to formally set a wedding and go through all the above-described preparation and publicity, only to walk out of it when
the matrimony is about to be solemnized, is quite different. This is palpably and unjustifiably contrary to good customs

Navarro vs Domagtoy - judge solemnized 2 marriages in gross misconduct. 1st resulted to void and bigamous marriage.
2nd, outside his jurisdiction.

Domagtoys defense is not tenable and he did display gross ignorance of the law. Tagadan did not institute a summary
proceeding for the declaration of his first wifes presumptive death. Absent this judicial declaration, he remains married to
Ihis former wife. Whether wittingly or unwittingly, it was manifest error on the part of Domagtoy to have accepted the joint
affidavit submitted by the groom. Such neglect or ignorance of the law has resulted in a bigamous, and therefore void,
marriage.

Araes vs Occiano - wife charges judge with gross ignorance of law. judge solemnised marriage without marriage license,
but proceeded out of human compassion. and influx of visitors. liable? yes.

Respondent judge should be faulted for solemnizing a marriage without the requisite
marriage license. In People vs. Lara, the Supreme Court held that a marriage, which preceded the issuance of the marriage
license, is void, and that subsequent issuance of such license cannot render or even add an iota of validity to the marriage.
Except in cases provided by law, it is the marriage license that gives the solemnizing officer the authority to conduct
marriage.

Lim Tanhu vs Ramolete - Tan Put claims she is wife of Tee Hoon, who put initial money to a business that flourished.
Partners know she is common-law wife only. Certification of monsignor of marriage, not competent evidence. Lack of
marriage contract, dismissed.

Under Article 55 of the Civil Code, the declaration of the contracting parties that they take each other as husband and wife
"shall be set forth in an instrument" signed by the parties as well as by their witnesses and the person solemnizing the
marriage. Accordingly, the primary evidence of a marriage must be an authentic copy of the marriage contract. While a
marriage may also be proved by other competent evidence, the absence of the contract must first be satisfactorily explained.
Surely, the certification of the person who allegedly solemnized a marriage is not admissible evidence of such marriage

Vda. de Chua vs CA - common-law marriage. husband dies intestate. woman claims that she was sole surviving heir of
decedent, but failed to produce original copy of marriage contract. photox, tax returns , residence certificates cant prove
marriage. no marriage.

The lower court correctly disregarded the Photostat copy of the marriage certificate which she presented, this being a
violation of the best evidence rule, together with other worthless pieces of evidence. A valid, original marriage contract
would be the best evidence that the petitioner should have presented. Failure to present it as evidence would make the
marriage dubious.

Republic vs CA and Castro - married w/out consent of parents, fake procurement of marriage license, after 4 month of
cohabitation, they separated. documentary and testimonial evidence sufficient? yes. certified by local registrar as inability to
find. void ab initio

The law provides that no marriage shall be solemnized without a marriage license first issued by a local registrar. Being one
of the essential requisites of a valid marriage, absence to the parties is not adequate to prove its non-issuance. .
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Unaccompanied by any circumstance of suspicion and pursuant to Section 29, Rule 132 of the Rules of Court, a certificate
of due search and inability to find sufficiently proved that his office did not issue marriage license no. 1396182 to the
contracting parties. There being no marriage license, the marriage of Angelina and Edwin is void ab initio.

Van Dorn vs Romillo - marriage between a Filipino citizen and a foreigner. The Court held therein that a divorce decree
validly obtained by the alien spouse is valid in the Philippines, and consequently, the Filipino spouse is capacitated to
remarry under Philippine law. divorced husband cannot sue for assets in PH.

In this case, the divorce in Nevada released Upton from the marriage from the standards of American law. Thus, pursuant to
his national law, he is no longer the husband of the petitioner. He would have no standing to sue in the case as petitioner
husband entitled to exercise control over conjugal assets. He is also estopped by his own representation before the Nevada
court from asserting his right over the alleged conjugal property.

Repub vs Orbecido - married as filipinos. one became american citizen and then filed for divorce. can remaining filipino
spouse remarry? yes!

Paragraph 2 of Article 26 should be interpreted to include cases involving parties who, at the time of the celebration of the
marriage were Filipino citizens, but later on, one of them becomes naturalized as a foreign citizen and obtains a divorce
decree. The Filipino spouse should likewise be allowed to remarry as if the other party were a foreigner at the time of the
solemnization of the marriage.

Ninal vs Bayadog - pepito kills 1st wife. marries Badayog w/out marriage license. they states that they had lived together
for 5 years when in fact the incident was just 2 years ago. VOID for lack of license

The fact remains that their five-year period cohabitation was not the cohabitation contemplated by law. It should be in the
nature of a perfect union that is valid under the law but rendered imperfect only by the absence of the marriage contract.
Pepito had a subsisting marriage at the time when he started cohabiting with respondent. It is immaterial that when they
lived with each other, Pepito had already been separated in fact from his lawful spouse. The subsistence of the marriage
even where there was actual severance of the filial companionship between the spouses cannot make any cohabitation by
either spouse with any third party as being one as "husband and wife."

Void marriages can be questioned even after the death of either party but voidable marriages can be assailed only during the
lifetime of the parties and not after death of either, in which case the parties and their offspring will be left as if the marriage
had been perfectly valid. 22

Manzano vs Sanchez - judge sanchez solemnize marriage even if the parties put separated in their marriage contract.
separation and voluntary cohabitation does not severe tie of previous subsisting marriage. VOID bigamous marriage.

Neither can respondent Judge take refuge on the Joint Affidavit of David Manzano and Luzviminda Payao stating that they
had been cohabiting as husband and wife for seven years. Just like separation, free and voluntary cohabitation with another
person for at least five years does not severe the tie of a subsisting previous marriage. Marital cohabitation for a long period
of time between two individuals who are legally capacitated to marry each other is merely a ground for exemption from
marriage license. It could not serve as a justification for respondent Judge to solemnize a subsequent marriage vitiated by
the impediment of a prior existing marriage.

Mariategui vs CA - no marriage certificate to prove marriage, no evidence to controvert facts. no record doesn't invalidate
marriage, provided all reqs are present as to validity. marriage presumed to have taken place. The laws presume that a man
and a woman, deporting themselves as husband and wife, have entered into a lawful contract of marriage

Lupo Mariategui and Felipa Velasco were alleged to have been lawfully married in or about 1930. This fact is based on the
declaration communicated by Lupo Mariategui to Jacinto who testified that "when (his) father was still living, he was able
to mention to (him) that he and (his) mother were able to get married before a Justice of the Peace of Taguig, Rizal." The
spouses deported themselves as husband and wife, and were known in the community to be such. Although no marriage
certificate was introduced to this effect, no evidence was likewise offered to controvert these facts. Moreover, the mere fact
that no record of the marriage exists does not invalidate the marriage, provided all requisites for its validity are present
(People vs. Borromeo, 133 SCRA)

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Republic vs Dayot - husband and wife got married, but in lieu of license they stated that they lived together for at least 5
years. Fraud! proved that they lived only for 5 months. marriage void ab initio.

The protection of marriage as a sacred institution requires not just the defense of a true and genuine union but the exposure
of an invalid one as well. 53 To permit a false affidavit to take the place of a marriage license is to allow an abject
circumvention of the law. If this Court is to protect the fabric of the institution of marriage, we must be wary of deceptive
schemes that violate the legal measures set forth in our laws.

Here, there is no marriage license at all. Furthermore, the falsity of the allegation in the sworn affidavit relating to the period
of Jose and Felisa's cohabitation, which would have qualified their marriage as an exception to the requirement for a
marriage license, cannot be a mere irregularity, for it refers to a quintessential fact that the law precisely required to be
deposed and attested to by the parties under oath. If the essential matter in the sworn affidavit is a lie, then it is but a mere
scrap of paper, without force and effect. Hence, it is as if there was no affidavit at all. caTIDE

Domingo vs CA - soldedad didn't know that domingo had been previously married. domingo starts to dispose properties.
declaration of the nullity for the protection of the subsequent spouse who believed in good faith that his or her partner was
not lawfully married.

As a matter of policy, therefore, the nullification of a marriage for the purpose of contracting another cannot be
accomplished merely on the basis of the perception of both parties or of one that their union is so defective with respect to
the essential requisites of a contract of marriage as to render it void ipso jure and with no legal effect and nothing more.

Based on the foregoing provisions, private respondent's ultimate prayer for separation of property will simply be one of the
necessary consequences of the judicial declaration of absolute nullity of their marriage. Thus, petitioner's suggestion that in
order for their properties to be separated, an ordinary civil action has to be instituted for that purpose is baseless. The Family
Code has clearly provided the effects of the declaration of nullity of marriage, one of which is the separation of property
according to the regime of property relations governing them.

RTC clothed with jurisdiction. Petitioner must wait for nullity to be decreed.

Republic vs CA and Molina - husband signs of immaturity, squandered money, depended on parents for aid, irresponsible.
after intense quarrel, he abandoned family. void based on PI? NO.
marriage subsists. PI is not mere showing of irreconcilable differences. should be incapable to meet essential marital
responsibilities due to some psychological illness.

burden of proof to show nullity belongs to the plaintiff
root causes of the incapacity must be medically and clinically inclined
such incapacity should be in existence at the time of the marriage
such incapacity must be grave so as to disable the person in complying with the
essentials of marital obligations of marriage
such incapacity must be embraced in Art. 68-71 as well as Art 220, 221 and 225 of
the Family Code
decision of the National Matrimonial Appellate Court or the Catholic Church must
be respected
court shall order the prosecuting attorney and the fiscal assigned to it to act on behalf of the state.

Louel Santos vs CA

Leouel argues that the failure of Julia to return home, or at the very least to communicate with him, for more than five years
are circumstances that clearly show her being psychologically incapacitated to enter into married life.

PI? NO.

Justice Sempio-Diy 11 cites with approval the work of Dr. Gerardo Veloso, a former Presiding Judge of the Metropolitan
Marriage Tribunal of the Catholic Archdiocese of Manila (Branch I), who opines that psychological incapacity must be
characterized by (a) gravity, (b) juridical antecedence, and (c) incurability. The incapacity must be grave or serious such that
the party would be incapable of carrying out the ordinary duties required in marriage; it must be rooted in the history of the
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party antedating the marriage, although the overt manifestations may emerge only after the marriage; and it must be
incurable or, even if it were otherwise, the cure would be beyond the means of the party involved.

RP vs Quintero-Hamano

We must remember that abandonment is also a ground for legal separation. 16 There was no showing that the case at bar
was not just an instance of abandonment in the context of legal separation. We cannot presume psychological defect from
the mere fact that Toshio abandoned his family immediately after the celebration of the marriage. As we ruled in Molina, it
is not enough to prove that a spouse failed to meet his responsibility and duty as a married person; it is essential that he must
be shown to be incapable of doing so due to some psychological, not physical, illness. 17 There was no proof of a natal or
supervening disabling factor in the person, an adverse integral element in the personality structure that effectively
incapacitates a person from accepting and complying with the obligations essential to marriage. 18

Choa vs Choa

Respondent claims that the filing by petitioner of a series of charges against him are proof of the latter's psychological
incapacity to comply with the essential obligations of marriage. These charges included Complaints for perjury, 29 false
testimony, 30 concubinage 31 and deportation. 32 According to him, the filing and the prosecution of these cases clearly
showed that his wife (herein petitioner) wanted not only to put him behind bars, but also to banish him from the country. He
contends that this "is very abnormal for a wife who, instead of protecting the name and integrity of her husband as the father
of her children, had acted to the contrary." 33
We do not agree. The documents presented by respondent during the trial do not in any way show the alleged psychological
incapacity of his wife. It is the height of absurdity and inequity to condemn her as psychologically incapacitated to fulfill
her marital obligations, simply because she filed cases against him.

Antonio vs Reyes

respondent's persistent and constant lying to petitioner was abnormal or pathological. It undermined the basic relationship
that should be based on love, trust and respect.

Chi Ming Tsoi vs CA - refusal to have sex at all, but not impotent, void

Gina claims, that the defendant is impotent, a closet homosexual as he did not show his penis. She said, that she had
observed the defendant using an eyebrow pencil and sometimes the cleansing cream of his mother.
HELD: One of the essential marital obligations under the Family Code is To procreate children based on the universal
principle that procreation of children through sexual cooperation is the basic end of marriage. Continuous non-fulfillment
of this obligation will finally destroy the integrity of the marriage, In the of Chi Ming Tsoi, the senseless refusal of one of
the parties to fulfill the above marital obligation is equivalent to psychological incapacity.
Te vs Te - both parties psychologically incapacitated, dependent personality disorder, void
They decided to go back to Manila in April 1996. Rowena proceeded to her uncles house and Edward to his parents home.
Eventually they got married but without a marriage license. Edward was prohibited from getting out of the house
unaccompanied and was threatened by Rowena and her uncle. After a month, Edward escaped from the house, and stayed
with his parents.
The parties whirlwind relationship lasted more or less six months. The psychologist who provided expert testimony found
both parties psychologically incapacitated. Petitioners behavioral pattern falls under the classification of dependent
personality disorder, and respondents, that of the narcissistic and antisocial personality disorder.

Indeed, petitioner, afflicted with dependent personality disorder, cannot assume the essential marital obligations of living
together, observing love, respect and fidelity and rendering help and support, for he is unable to make everyday decisions
without advice from other
Morigo vs People - no marriage ceremony = void ab initio, subsequent marriage valid, no bigamy
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Boardmates in bohol. Exchanged letters then became sweet hearts. Petitioner granted divorce in Canada. Married a 2nd
person. Subsequently filed nullity case on ground of no marriage ceremony, only signing of marriage contract. Was charged
with bigamy
In the instant case, however, no marriage ceremony at all was performed by a duly authorized solemnizing officer. Petitioner
and Lucia Barrete merely signed a marriage contract on their own. The mere private act of signing a marriage contract bears
no semblance to a valid marriage and thus, needs no judicial declaration of nullity.
Terre vs Terre, 2nd marriage void, lack of declaration of nullity
Atty Terre convinced Dorothy that his first marriage was void ab initio for being against public policy (first cousin)
Dorothys first marriage is indeed void ab initio considering that Merlito is her first cousin thereby against public policy.
However, she did not file any declaration for the nullity of their marriage before she contracted her marriage with Atty. Terre
thus, her second marriage is void. Article 40 states that the absolute nullity of a former marriage may be invoked for the
purposes of remarriage on the basis solely of a final judgment declaring such previous marriage void.
Valdez vs RTC
The Supreme Court stated that, in avoid marriage, the property regimes are those provided for in Article 147 or 148as, the
case may be. The liquidation of the co-ownership shall be in accordance with the provisions on co-ownership under the
Civil Code which are not in conflict with Article 147 or 148.
The conjugal home shall equally be co-owned by the couple and shall be divided equally during liquidation in accordance
with the rules on co-ownership. However, the fruits of couples separate property are not included in the co-ownership.
People vs Aragon - traveling salesman 3 marriages. Last marriage valid.
Traveling salesman had three marriages. 2nd one was canonical. First wife died before contracting third marriage.
The action was instituted upon the complaint of the second wife whose marriage with Rosima was not renewed after the
death of the first wife and before the third marriage was entered into. Hence, the last marriage was a valid one and
prosecution against Rosima for contracting marriage cannot prosper.
Mercado vs Tan - only filed for nullity right after he was charged with bigamy, bigamy consummated
In the case at bar, Mercado only filed the declaration of nullity of his marriage with Oliva right after Tan filed bigamy case.
Hence, by then, the crime had already been consummated. He contracted second marriage without the judicial declaration of
the nullity. The fact that the first marriage is void from the beginning is not a defense in a bigamy charge.
Republic vs Nolasco - wrote letters but all were returned, looked for her in London, no well-founded belief
Seaman marries British. British, after giving birth, left him. He wrote letters but all were returned.
The Supreme Court ruled that Nolascos efforts to locate Janet were not persistent to show that he has a well-founded belief
that his wife was already dead because instead of seeking assistance of local authorities and the British Embassy, he even
secured another contract. More so, while he was in London, he did not even try to solicit help of the authorities to find his
wife.
Lukban vs Republic - Absent for more than 20 years, no need to secure declaration of nullity
Violent quarrel, wife left husband after and has not been heard since. Absent for more than 20 years
Civil Code still applies. For the celebration of civil marriage, however, the law only requires that the former spouse has
been absent for seven consecutive years at the time of the second marriage, that the spouse present does not know his or her
former spouse to be living, that each former spouse is generally reputed to be dead and the spouse present so believes at the
time of the celebration of the marriage.
Armas vs Calisterio - 11 years of disappearance of 1st husband, married 2nd husband without declaration, marriage valid
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Since Civil Code provides that declaration of presumptive death is not essential before contracting marriage where at least 7
consecutive years of absence of the spouse is enough to remarry then Marrietas marriage with Teodorico is valid and
therefore she has a right can claim portion of the estate.
Republic vs Ca - wife leaves. Husband works as taxi driver. No well-founded belief
That if she enjoys the life of a single person, it will be better for her to go back to her parents. She left. Husband worked
even as taxi driver and look for her in malls.
The court ruled that Alan failed to prove that he has a well-founded belief, before he filed his petition with RTC, that his
spouse was dead. He failed to present a witness other than the Barangay Captain. He even failed to present those friends of
Lea which he inquired to corroborate his testimony. He also failed to make inquiries from his parents-in-law r
Valdez vs Republic - covered by mcc, no need for declaration of presumptive death, unemployed husband left wife
Couple argued constantly because husband was unemployed. Left but 3 years later showed up. Not been seen since. Wive
married without securing declaration of presumptive death.
The court ruled that no decree on the presumption of Sofios death is necessary because Civil Code governs during 1971
and not Family Code where at least 7 consecutive years of absence is only needed.
Anaya vs Palaroan - while amount of counterclaim is negotiated, Fernando divulged that prior to marriage he had a pre-
marital relationship with a relative, not fraud as ground to annul
Husbands pre-marital relationship with another woman was not one of those enumerated that would constitute fraud as
ground for annulment and it is further excluded by the last paragraph providing that no other misrepresentation or deceit as
to.. chastity shall give ground for an action to annul a marriage
Buccat vs Buccat - 89 days after marriage, wife gives birth. no concealment as ground for marriage. advance stage of
pregnancy already during marriage
In this case, the court did not find any proof that there was concealment of pregnancy constituting a ground for annulment;
it was unlikely that Godofredo, a first- year law student, did not suspect anything
Aquino vs Delizo - 4 months pregnant at time of marriage, concealment as ground for fraud yes, naturally plump
The concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband
constitutes fraud and is a ground for annulment of marriage. Delizo was allegedly to be only more than four months
pregnant at the time of her marriage. At this stage, it is hard to say that her pregnancy was readily apparent especially since
she was naturally plump or fat.
Jimenez vs Canizares - orifice of her vagina is too small for male copulation, husbands testimony only, wife in default,
husbands testimony only? NO. case remanded to trial court
The wife who was claimed to be impotent by her husband did not avail of the opportunity to defend herself and as such,
claim cannot be convincingly be concluded. It is a well-known fact that women in this country are shy and bashful and
would not readily and unhesitatingly submit to a physical examination unless compelled by competent authority. Such
physical examination in this case is not self-incriminating. She is not charged with any offense and likewise is not
compelled to be a witness against herself. Impotence being an abnormal condition should not be presumed. The case was
remanded to trial court.
Sin vs Sin - fiscal didnt actively participate, only gave manifestation. declaration of nullity valid? NO. case remanded to
trial
Article 48 of the Family Code states that in all cases of annulment or declaration of absolute nullity of marriage, the Court
shall order the prosecuting attorney or fiscal assigned to it to appear on behalf of the state to take steps to prevent collusion
No decision shall be handed down unless the Solicitor General issues a certification briefly stating his reasons for his
agreement or opposition as the case may be, to the petition. The records are bereft of an evidence that the State participated
in the prosecution of the case thus, the case is remanded for proper trial.
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Ocampo vs Florenciano - husband catches wife several times of illicit relations. wife manifests conformity to leg sep
provided she be not charged with adultery. Is it the confession of judgment disallowed by law? NO. It is evidence. Petition
should be granted
Florencianos admission to the investigating fiscal that she committed adultery, in the existence of evidence of adultery
other than such confession, is not the confession of judgment disallowed by Article 48 of the Family Code.
Where there is evidence of the adultery independent of the defendants statement agreeing to the legal separation, the decree
of separation should be granted since it would not be based on the confession but upon the evidence presented by the
plaintiff. What the law prohibits is a judgment based exclusively on defendants confession.
LEGAL SEPARATION
Lapuz-Sy vs Eufemio - petitioner dies in vehicular accident during pendency of proceedings, action for leg sep is abated,
rights are mere effects of decree of separation
An action for legal separation is abated by the death of the plaintiff, even if property rights are involved. These rights are
mere effects of decree of separation, their source being the decree itself; without the decree such rights do not come into
existence, so that before the finality of a decree, these claims are merely rights in expectation. If death supervenes during the
pendency of the action, no decree can be forthcoming, death producing a more radical and definitive separation; and the
expected consequential rights and claims would necessarily remain unborn.
Gandionco vs Penaranda - wife files for leg sep on ground of concubinage. then charges husband of crime of concubinage.
can civ case of leg sep proceed pending crime case resolution? YES.
Petitioner contends that the civil action for legal separation is inextricably tied with the criminal action thus, all proceedings
related to legal separation will have to be suspended and await the conviction or acquittal of the criminal case NO!
Supreme Court ruled that the contentions of the petitioner were incorrect. A civil action for legal separation on the ground of
concubinage may proceed ahead of, or simultaneously with, a criminal action for concubinage. Decree of legal separation
may be issued upon proof by preponderance of evidence, where no criminal proceeding or conviction is necessary.
Bugayong vs Ginez - wife admitted by letter that a man kissed her. husband looks for her then slept with her. next day, when
he question her, she left. then he filed for leg sep. condonation? Yes. no leg sep.
Condonation is the forgiveness of a marital offense constituting a ground for legal separation. A single voluntary act of
marital intercourse between the parties ordinarily is sufficient to constitute condonation
Pacete vs Carriaga - no decree of leg sep based on stipulation of facts or COJ. defendant was in default, court received
evidence of petitioner then granted leg sep. NOT valid
The Civil Code provides that no decree of legal separation shall be promulgated upon a stipulation of facts or by
confession of judgment. In case of non-appearance of the defendant, the court shall order the prosecuting attorney to inquire
whether or not collusion between parties exists. If there is no collusion, the prosecuting attorney shall intervene for the State
in order to take care that the evidence for the plaintiff is not fabricated.
Macadandang vs CA - rich couple in Davao, wife files for leg sep. Leg sep becomes final but husband dies without
separation of property yet
The death of a spouse after a final decree of legal separation has no effect on the legal separation. When the decree itself is
issued, the finality of the separation is complete after the lapse of the period to appeal the decision to a higher court even if
the effects, such as the liquidation of the property, have not yet been commenced nor terminated.
Law on intestate succession should take over on disposition of remaining assets

RIGHTS AND OBLIGATIONS BETWEEN HUSBANDS AND WIVES
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Potenciano vs CA - SC nullifies CA grant of visitation rights to wife. court cant compel husband to live together w wife and
observe mutual love, respect and fidelity
Erlinda claimed that she was not compelling Potenciano to live with her in consortium but clearly she wanted the latter to
live with her and is the root cause of her petition. What the law provides is that husband and wife are obliged to live
together, observe mutual love, respect and fidelity. The sanction thereof is the spontaneous, mutual affection between
husband and wife and not any legal mandate or court order to enforce consortium.
Evidently, there was absence of empathy between Erlinda and Potenciano having separated from bed and board since 1972.
Goitia vs Campos-Rueda - wife forced to leave conjugal abode because of the lewd designs and physical assault of husbad.
can claim support from the husband for separate maintenance even outside the conjugal home.
It was alleged that respondent demanded her to perform unchaste and lascivious acts on his genital organs. Petitioner
refused to perform such acts and demanded her husband other than the legal and valid cohabitation. Since Goitia kept on
refusing, respondent maltreated her by word and deed, inflicting injuries upon her lops, face and different body parts. The
trial court ruled in favor of respondent and stated that Goitia could not compel her husband to support her except in the
conjugal home unless it is by virtue of a judicial decree granting her separation. RTC wrong
Ty vs CA - ofelia ty is second wife, suing to maintain her status as legitimate wife WHILE claiming for damages from
husband. NO.
SC is in the opinion of the lower courts that no damages should be awarded to the wife who sought damages against the
husband for filing a baseless complaint causing her mental anguish, anxiety, besmirched reputation, social humiliation and
alienation from her parents. Aside from the fact, that petitioner wants her marriage to private respondent held valid and
subsisting. She is likewise suing to maintain her status as legitimate wife. To grant her petition for damages would result to
a situation where the husband pays the wife damages from conjugal or common funds. To do so, would make the
application of the law absurd.
Marriage between Ty and Reyes is declared valid and subsisting and the award of the amount of P15,000 is ratified and
maintained as monthly support to their 2 children
Ilusorio vs Bildner - right of a wife to visit husband. husband 86 years old and rich, separated with wife. he tried to overdose
wife. daughter becomes his guardian and refuses mom to meet dad. wife files for habeas to see husband
A writ of habeas corpus extends to all cases of illegal confinement or detention, or by which the rightful custody of a person
is withheld from the one entitled thereto. To justify the grant for such petition, the restraint of liberty must an illegal and
involuntary deprivation of freedom of action.
Evidence showed that there was no actual and effective detention or deprivation of Potencianos liberty that would justify
issuance of the writ.In any event, that the husband refuses to see his wife for private reasons, he is at liberty to do so without
threat or any penalty attached to the exercise of his right. Coverture, is a matter beyond judicial authority and cannot be
enforced by compulsion of a writ of habeas corpus carried out by the sheriffs or by any other process.
Ayala Investments vs CA - husband acted only as a surety or guarantor, cannot, be categorized as falling within the context
of obligations for the benefit of the conjugal partnership. the debt was a corporate debt and right of recourse to Ching as
surety is only to the extent of his corporate stockholdings.
The loan procured from AIDC was for the advancement and benefit of PBM and not for the benefit of the conjugal
partnership of Ching. Furthermore, AIDC failed to prove that Ching contracted the debt for the benefit of the conjugal
partnership of gains. PBM has a personality distinct and separate from the family of Ching despite the fact that they
happened to be stockholders of said corporate entity. Clearly, the debt was a corporate debt and right of recourse to Ching as
surety is only to the extent of his corporate stockholdings.

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