Beruflich Dokumente
Kultur Dokumente
[1]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
[2]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
[3]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
(Sec 6 of Civil Registry Law) shall prove the same; in the absence of proof,
No human body shall be buried unless the it is presumed that they died at the same time
proper death certificate has been presented and there shall be no transmission of rights
and recorded in the office of local civil from one to the other.
registry
DEATH CERT SHALL CONTAIN
PROOF OF DEATH
1.) Date & Place of Death
2.) Full name Art 43 specifically applies only to persons
3.) Age called upon to succeed each other.
4.) Occupation/Profession Proof of death must be established by
5.) Residence positive evidence
6.) Status as regards marriage However it can likewise be established by
7.) Nationality of Deceased circumstantial evidence derived from facts.
8.) Probable Cause of Death
“In conclusion, the presumption that
DURING EPIDEMIC
Bodies may be buried provided the proper Angela Joaquin de Navarro died before her
death certs have been secured, which shall son is based purely on surmises,
be registered not later than 5 days AFTER speculations or conjectures without any
burial sure foundation in the evidence. Opposite
theory, that mother outlived her son is
CONTRACT, WILL AND THE LAW deduced from established facts which
Rights & Obligations of dead person weighed by common experience, engender
can still be regulated by contract, will the inference as a very strong probability. “
or law. (Joaquin v. Navarro)
Creditors given right to claim for
estate of deceased, any obligation PRESUMPTION OF SURVIVORSHIP
due them before estate can finally be If there is doubt as to whom, between or
partitioned in favor of heirs. among two or more persons called upon
EXAMPLE: to succeed each other died first, the
Matias father of Kiki and Koko died. following rules apply
Matias owes P20,000.00 from Nuknuk. 1. Whoever alleges death of one prior
Therefore before Kiki and Koko enjoys to the other shall prove the same
with the P50,000.00 left by there Sugar
2. In absence of proof, it shall be
Poppa, Nuknuk could first claim the
presumed that they died at the same
P20,000.00 due to him.
time, therefor no transmission of
Testator through express provision in a
will may disinherit any of his/her heirs
rights from one another
under any valid grounds provided by (Bes, ma-tetegi na nga lang, dami pa
law. hanash ng law sa who’s this and
Any person who shows disrespect to who’s that…)
dead or wrongfully interferes with
funeral shall bee liable to the family of
the deceased for damages, material or
moral.
Art. 43. If there is a doubt, as between two or
more persons who are called to succeed each
other, as to which of them died first, whoever
alleges the death of one prior to the other,
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Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
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Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
may also form partnership for exercise of (4) Those whose mothers are citizens of the
profession. Philippines and, upon reaching the age of
DISTICT PERSONALITY AND majority, elect Philippine citizenship;
EXCEPTIONS
Corps, Partnerships & Associations for (5) Those who are naturalized in accordance
private interest and purpose may be with law.
granted by law a juridical personality
separate and distinct from that of each Art. 49. Naturalization and the loss and
shareholder, partner or member. reacquisition of citizenship of the Philippines
Hence obligation of Tagay Corp is not an are governed by special laws.
obligation of its Tagay Board members.
(There is such thing as doctrine of Art. 50. For the exercise of civil rights and the
corporate veil) fulfillment of civil obligations, the domicile of
natural persons is the place of their habitual
Art. 47. Upon the dissolution of corporations, residence.
institutions and other entities for public
interest or purpose mentioned in No. 2 of Art. 51. When the law creating or recognizing
Article 44, their property and other assets them, or any other provision does not fix the
shall be disposed of in pursuance of law or domicile of juridical persons, the same shall
the charter creating them. If nothing has been be understood to be the place where their
specified on this point, the property and other legal representation is established or where
assets shall be applied to similar purposes they exercise their principal functions.
for the benefit of the region, province, city or
municipality which during the existence of DOMICILE RESIDENCE
the institution derived the principal benefits Fixed permanent Place of abode,
from the same. residence; which when whether permanent or
absent one has temporary
intention of returning
Title II. - CITIZENSHIP AND DOMICILE Residence coupled No length of residence
with intention to without intention of
Art. 48. The following are citizens of the remaining will remaining will
Philippines: constitute a domicile constitute domicile.
(1) Those who were citizens of the Philippines ONLY ONE MAY BE AS MANY AS
at the time of the adoption of the Constitution YOUR MONEY
COULD AFFORD.
of the Philippines; “Domicile is like true love, you may wander over across the
surface of the Earth, but heart desires the intent of
(2) Those born in the Philippines of foreign returning to what it considers to be home”
“Residence, is the mistress you may seek from time to
parents who, before the adoption of said time..But without the intent to stay, it shall forever just be
Constitution, had been elected to public office province for comfort”
in the Philippines; ***MINOR = DOMICILE OF PARENTS
CAN A DOMICILE BE LOST AND CHANGED?
(3) Those whose fathers are citizens of the ---YEAHHHHHH
Philippines; BY:
1. Actual removal/ actual change of
domicile
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Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
2. Bona fide intention of abandoning the 1. Not less than 21 years of age on day of
former place of residence establishing a hearing of petition
new one 2. Resided in PH for continuous period of
3. Acts which correspond with the purpose not less than 10 years
3. Good moral character and believes in
CITIZENSHIP principle underlying in PH consti and
Status of being citizen or of owing must have conducted himself in a proper
allegiance to the state for the privilege and irreproachable manner during the
of being under its protection. entire period of his residence in PH in his
Art 4, 1987 Consti governs rule on relation with the constituted government
citizenship as well as with community in which he is
Sec 1: The following are citizens of the living.
Philippines 4. Own a real estate in PH worth not less
1.) Citizens at time of adoption of consti than P5,000.00 or must have some
2.) Fathers and Mothers are citizens of Phil. known lucrative trade, profession or
3.) Born before Jan 17,1973, of Filipino lawful occupation.
mothers who elect Phil. Citizenship. However under present Consti,
Those who elect Phil. Citizenship in no alien or foreigner may own land
accordance with paragraph 3 Sec 1 shall except through hereditary
be deemed natural born citizens succession
Sec 3: Philippine citizenship may be lost or 5. Speak and write English or Spanish and
reacquired in the manner provided by law any one of the Principal Philippine
Sec 4: Citizens of the Philippines who marry language
aliens shall retain their citizenship, unless 6. Must have enrolled his minor children of
their act or omission they are deemed under school age
the law to have renounced it. Any public school or private
Sec 5: Dual allegiance of citizens is inimical school recognized by the Office
to the national interest and shall be dealt with of Private Education of
by law Philippines
Where Phil. History, government
JUS SANGUINIS and civics taught or prescribed
Citizenship by blood as partu of the school,
JUS SOLI curriculum, during the entire
Citizenship on basis of place of birth period of the residence in PH
required of him prior to the
ACQUISITION OF CITIZENSHIP hearing of his naturalization as
Governed by Commonwealth Act No 473 PH citizen.
as amended. Sec 3: Special Qualification
For a foreigner to be the able to become a Years of continuous residence required
Philippine Citizen, a proper petition shall be under second condition of last
filed in the proper court which after due proceeding section shall be understood
hearing shall issue the certificate of as reduced to 5 years for any petitioner
naturalization. having any of the following qualifications
Sec 2: Qualifications 1. Honorably held office under the
government of PH or under that of
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Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
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Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
REAAQUISITION OF CITIZENSHIP
1. By naturalization
2. Reparation of deserters of Army, Navy or
Air Corps
3. Direct act of Congress of PH
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Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
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Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
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Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
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Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
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Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
(5) If previously married, how, when and If LCR has knowledge of some legal
where the previous marriage was impediments, HE/SHE CANNOT
dissolved or annulled; DISCONTINUE PROCESS OF
(6) Present residence and citizenship; APPLICATION
(7) Degree of relationship of the Must only note down the legal impediments
contracting parties; in application and thereafter issue marriage
(8) Full name, residence and citizenship license otherwise stopped by court.
of the father;
(9) Full name, residence and citizenship Art. 12. The local civil registrar, upon
of the mother; and receiving such application, shall require the
(10) Full name, residence and presentation of the original birth certificates
citizenship of the guardian or person or, in default thereof, the baptismal
having charge, in case the contracting certificates of the contracting parties or
party has neither father nor mother and copies of such documents duly attested by
is under the age of twenty-one years. the persons having custody of the originals.
The applicants, their parents or These certificates or certified copies of the
guardians shall not be required to documents by this Article need not be sworn
exhibit their residence certificates in to and shall be exempt from the documentary
any formality in connection with the stamp tax. The signature and official title of
securing of the marriage license the person issuing the certificate shall be
sufficient proof of its authenticity.
PURPOSE OF DOCUMENTARY If either of the contracting parties is unable to
REQUIREMENTS produce his birth or baptismal certificate or a
Concern of state to make marriages the certified copy of either because of the
secure and stable institution they should be destruction or loss of the original or if it is
(Kilburn v. Kilburn) shown by an affidavit of such party or of any
Mainly, task of seeing to it that these other person that such birth or baptismal
documentary proofs are accomplished is certificate has not yet been received though
addressed to Local civil registrar to secure the same has been required of the person
publicity and require a record to be made of having custody thereof at least fifteen days
marriage contracted. prior to the date of the application, such party
It is also to discourage deception and may furnish in lieu thereof his current
seduction. residence certificate or an instrument drawn
Prevent illicit intercourse under guise of up and sworn to before the local civil
matrimony and relieve from doubt the status registrar concerned or any public official
of parties who live together as man and wife. authorized to administer oaths. Such
(State v. Walker) instrument shall contain the sworn
declaration of two witnesses of lawful age,
MARRIAGE APPLICATION setting forth the full name, residence and
Can be obtained by ANYBODU citizenship of such contracting party and of
LCR has no choice but to accept his or her parents, if known, and the place
application and process the same up to the and date of birth of such party. The nearest of
time of the issuance of the marriage kin of the contracting parties shall be
license. preferred as witnesses, or, in their default,
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Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
persons of good reputation in the province or authorized by law to administer oaths. The
the locality. personal manifestation shall be recorded in
The presentation of birth or baptismal both applications for marriage license, and
certificate shall not be required if the parents the affidavit, if one is executed instead, shall
of the contracting parties appear personally be attached to said applications
before the local civil registrar concerned and
swear to the correctness of the lawful age of NO EMACIPATION BY MARRIAGE
said parties, as stated in the application, or No more emancipation by marriage under FC
when the local civil registrar shall, by merely Emancipation is attained if child reaches age
looking at the applicants upon their of 18 years. (Art 234 as ameded by R.A
personally appearing before him, be 6809) [AN ACT LOWERING THE AGE OF
convinced that either or both of them have MAJORITY FROM TWENTY-ONE TO
the required age. EIGHTEEN YEARS, AMENDING FOR THE
PURPOSE EXECUTIVE ORDER
NUMBERED TWO HUNDRED NINE, AND
Art. 13. In case either of the contracting FOR OTHER PURPOSES]
parties has been previously married, the Emancipation shall terminate parental
applicant shall be required to furnish, instead authority over the person and property of the
of the birth or baptismal certificate required in child who shall then be qualified and
the last preceding article, the death certificate responsible for all acts of civil life, save the
of the deceased spouse or the judicial decree exceptions established by existing laws in
of the absolute divorce, or the judicial decree special cases. (Art. 236.)
of annulment or declaration of nullity of his or The act by which one who was unfree. or
her previous marriage. under the power and control of another, is
In case the death certificate cannot be set at liberty and madeliis own master (Black
secured, the party shall make an affidavit Law Dictionary)
setting forth this circumstance and his or her
actual civil status and the name and date of PARENTAL CONSENT
death of the deceased spouse. If any of the contracting parties not being
emancipated by previous marriage is =< 18
Art. 14. In case either or both of the y/o but > 21. Consent of father, mother,
contracting parties, not having been surviving parent, or guardian or persons
emancipated by a previous marriage, are having legal charge of them. [in order
between the ages of eighteen and twenty-one, mentioned must be obtained before
they shall, in addition to the requirements of marriage license can be issued to
the preceding articles, exhibit to the local civil contracting parties]
registrar, the consent to their marriage of Marrying age and majority are both 18
their father, mother, surviving parent or years of age.
guardian, or persons having legal charge of Nevertheless, contracting parties between
them, in the order mentioned. Such consent 18 to below 21 MUST STILL obtain
shall be manifested in writing by the consent of parents as required under 2nd
interested party, who personally appears par of Art 236
before the proper local civil registrar, or in the NON-COMPLIANCE however does ot
form of an affidavit made in the presence of make marriage invalid or void but merely
two witnesses and attested before any official annullable. Statute being regarded as
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Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
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Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
Should only one of the contracting parties Notice: request all persons having
need parental consent or parental advice, the knowledge of any impediment to advice LCR
other party must be present at the counseling therof.
referred to in the preceding paragraph. 2.) Issue marriage license after completion
of period of publication.
PARENTAL ADVICE However if parties between ages of 21-
Absence does not affect marriage 25 do not obtain advice of parents or if
Does not even make marriage annullable such advice is unfavorable, LCR shall
While it is not an essential nor formal not issue marriage license til after 3
requirement under Art 2 & 3 prescribing months following completion of
parental advice in keeping with PH tradition publication
and does not bar marriage totally. WHAT IF ISSUED W/IN 3 months?!
It is just a vehicle to induce further and ore Marriage is valid.
mature deliberation over decision to get Parental consent required or Parental
married. advice needed, failure of parties to
attach such application a certification that
REMEMBER they have undergone marriage consoling
PARENTAL CONSENT V. PARENTAL ADVICE shall suspend issuance of ML for period
At least 18 and below 21 to 25 years of age of 3 months.
21 Issuance of ML w/in prohibited period
Annulable {Defect in Does not affect
shall subject issuing officer to
essential requirement } marriage
administrative sanctions but shall not
affect validity of marriage
Art. 17. The local civil registrar shall prepare a
notice which shall contain the full names and Art. 18. In case of any impediment known to
residences of the applicants for a marriage the local civil registrar or brought to his
license and other data given in the attention, he shall note down the particulars
applications. The notice shall be posted for thereof and his findings thereon in the
ten consecutive days on a bulletin board application for marriage license, but shall
outside the office of the local civil registrar nonetheless issue said license after the
located in a conspicuous place within the completion of the period of publication,
building and accessible to the general public. unless ordered otherwise by a competent
This notice shall request all persons having court at his own instance or that of any
knowledge of any impediment to the marriage interest party. No filing fee shall be charged
to advise the local civil registrar thereof. The for the petition nor a corresponding bond
marriage license shall be issued after the required for the issuances of the order.
completion of the period of publication
DUTY OF LOCAL CIVIL REGISTRAR Art. 19. The local civil registrar shall require
1.) Post notice to inform everybody of the payment of the fees prescribed by law or
impending marriage regulations before the issuance of the
marriage license. No other sum shall be
Posted for 10 consecutive days on bulletin
collected in the nature of a fee or tax of any
board outside office of LCR in a conspicuous
kind for the issuance of said license. It shall,
place w/in building and accessible to genera
however, be issued free of charge to indigent
public
parties, that is those who have no visible
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PERSONS AND FAMILY RELATIONS NOTES
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PERSONS AND FAMILY RELATIONS NOTES
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MARRIAGE REGISTER
Office of LCR keeps marriage rester of all
persons married in its locality.
Art. 41. A marriage contracted by any person
during subsistence of a previous marriage shall be
null and void, unless before the celebration of the
subsequent marriage, the prior spouse had been
Art. 26. All marriages solemnized outside the absent for four consecutive years and the spouse
present has a well-founded belief that the absent
Philippines, in accordance with the laws in spouse was already dead. In case of
force in the country where they were disappearance where there is danger of death
solemnized, and valid there as such, shall under the circumstances set forth in the
provisions of Article 391 of the Civil Code, an
also be valid in this country, except those
absence of only two years shall be sufficient.
prohibited under Articles 35 (1), (4), (5) and
Art. 52. The judgment of annulment or of absolute
(6), 36, 37 and 38. (17a)
nullity of the marriage, the partition and distribution of
Where a marriage between a Filipino citizen the properties of the spouses and the delivery of the
and a foreigner is validly celebrated and a children's presumptive legitimes shall be recorded in
divorce is thereafter validly obtained abroad the appropriate civil registry and registries of property;
otherwise, the same shall not affect third persons. (n)
by the alien spouse capacitating him or her to
remarry, the Filipino spouse shall have Art. 53. Either of the former spouses may marry
capacity to remarry under Philippine law. again after compliance with the requirements of
the immediately preceding Article; otherwise, the
subsequent marriage shall be null and void
(4) Those bigamous or polygamous Art. 38. The following marriages shall be void
marriages not failing under Article 41; from the beginning for reasons of public
policy:
(5) Those contracted through mistake of [23]
one contracting party as to the identity of (1) Between collateral blood relatives
the other; and whether legitimate or illegitimate, up to the
fourth civil degree;
(6) Those subsequent marriages that are
(2) Between step-parents and step-children;
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
EXCEPTIONS:
1.) Contracted by national who is below
18 y/o (No legal capacity to contract
marriage under Art 35) [When both
parties contracting marriage abroad
are Fil citizens]
2.) Incestuous marriage (ewww)
3.) Bigamous or Polygamous except as
provided in Art 41 FC
4.) Contracted through Mistake of one
party as to identity of the other (like
twin na wa naman imik di naman pala
siya fiancé mo)
5.) Contracted following the Annulment
or declaration of nullity of a previous
marriage but before partition
6.) When any of the party is
Psychologically incapacitated when
marriage was celebrated (Art 36)
7.) Marriage is void by reason of Public
Policy
VALID PROVISIONS
Family code expressly provides that except
for marriages prohibited under Art 35 (1),
(4), (5), (6) , 36,37,38, marriages
solemnized abroad and which are valid
there as such are recognized as valid here.
PH follows “lex loci celebrationis rule”
AS TO VALIDITY OF MARRIAGE (SUMMARY)
GENERAL RULE General principle of international and
Marriages contracted outside the PH interstate law that validity of marriage, so
and are performed in accordance with far at least as it depends upon the
laws in force in country where they preliminaries, and manner or mode of its
were solemnized are valid in this celebration is to be determined in
country reference of law of place where it is
In case Filipino contracts foregn celebrated.Therefore, marriage valid
marriage which is null and void in place celebrated will generally be regarded as
where it was solemnized, same shall valid everywhere and where there is bona
also be null and void in PH even if such fide attempt on part of parties to effect a
was valid if celebrated under PH laws. legal marriage, every presumption will be
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PERSONS AND FAMILY RELATIONS NOTES
in favor of the marriage. (Medway v. laws in force in country where they are
Needham) solemnized.
IF however, foreign marriage is to be
Conversely, marriage void where it is solemnized inside PH consulate abroad,
celebrated is void everywhere. But under such marriage must observe the forms and
the operation of rule that all presumptions solemnities established by PH laws.
favor marriage and every bona fide attempt
to effect it, and since courts are extremely EXCEPTIONS
reluctant and rightly so, to declare Under FC, if either or both contracting parties
marriage void exceptfor strongest and are Filipinos and they are below 18 years of
most obvious reasons, the converse rule is age, their marriage solemnized abroad will
subj to many exceptions ad will not be not be recognized in PH even if marriage is
enforced where circumstances afford a valid in place where it has been solemnized
reasonable ground for the course taken Our law clearly adheres to the rule that
and show a bona fide attempt to effect a marrying capacity of contracting parties is
marriage. (Medway v. Needham) governed by national law of that party (PH
law)
[ remember Art 15 stating that laws relating
MATTER OF INTERNATIONAL COMITY to family rights and duties or to status,
Legal effect which be given by one state to conditions and legal capacity of persons are
the marriage laws of another state is binding upon citizens of PH even though
merely because of comity or because of living abroad.] #WhereverYouGo
public policy and justice demand the
recognition of such laws (Henderson v If one is Fil and another is an alien whose nat
Henderson) laws capacitate persons below 18 y/o to
No state is bound by comity to give effect marry: FC does not give precise solution.
in its courts to laws which are repugnant to (WELL) With respect to legal capacity, our
its own laws and policy (Brimson v. country follows the nationality rule, hence
Brimsom) should accord respect to laws of the country
WHY? : because every sovereign state is in so far as the legal capacity to marry the
the conservator of its own morals and good foreigner is concerned.
order of society (Jackson v. Jackson) BETTER RULE: Exception under Art 26
Each sovereign state has right to declare referring to Art 35 (1) should be construed
what marriage its will and will no recognize as referring to situation where marriage
regardless of whether participants are abroad is between a Filipino and a
domiciled w/in or w/o its borders (US ex rel Fiilipina and not between Filipino or
Modianos v. Tutle) and not withstanding Filipina and an alien married in Alien’s
such marriages validity under the laws of state where he/she is (the alien) though
foreign state where such marriages were below 18 years of age is capacitated to
contracted. (Kapigan v. Der Minassian) Marry
Hence applying 1st paragraph of Art 26, LET’S MAKE IT CLEAR
marriages w/o license solemnized abroad INVALID [Art 35 (1) ]
and proxy marriages abroad, valid in PH if Juan 19 y/o and Juana 14 y/o married
such marriages are valid in accordance w/ abroad in a country where marriage above
13 y/o is valid.
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Art. 27. In case either or both of the Art. 32. A military commander of a unit, who
contracting parties are at the point of death, is a commissioned officer, shall likewise have
the marriage may be solemnized without authority to solemnize marriages in articulo
necessity of a marriage license and shall mortis between persons within the zone of
remain valid even if the ailing party military operation, whether members of the
subsequently survives. armed forces or civilians.
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DIRECTORY REQUIREMENTS
Under exception of cohabitation for 5
Procedure laid down in Art 29 to 30 of FC
years, contracting parties shall state the
relative to duties of S.O w/ respect to affidavit
fact of their cohabitation for at least 5 years
he/she has to execute is MERELY
and absence of any legal impediment to
DIRECTORY IN CHARACTER
marry in an affidavit before any person
Non-observance : will not render marriage
authorized by law to administer oath.
void or annullable (Loria v. Felix)
Solemnizing officer shall also state under HOWEVER UNDER MARRIAGE LAW OF
oath that he ascertained qualifications of 1929, those solemnizing officers who fail to
the contracting parties and found no legal comply shall be punished by imprisonment,
impediment to marriage. Failure of by fine or both in the discretion of court.
solemnizing officer to investigate shall not
invalidate marriage. Chapter 3. Void and Voidable
Marriages
(Cosca v. Palaypayon)
Judge solemnized marriage involving party Art. 35. The following marriages shall be void
only 18 y/o . from the beginning:
Judge acted improperly because he should
have conducted first an investigation as to the (1) Those contracted by any party below
qualification of parties. eighteen years of age even with the consent
Should have been alerted by the fact that child of parents or guardians;
was 18 y/o at time of marriage ceremony w/ (2) Those solemnized by any person not
means that parties started living together when
legally authorized to perform marriages
she was barely 13 y/o. Thus there was
unless such marriages were contracted with
probability that affidavit was forged.
SC nevertheless did not state that marriage either or both parties believing in good faith
was void because clearly at time of marriage that the solemnizing officer had the legal
ceremony, parties had no legal impediment to authority to do so;
marry. (3) Those solemnized without license, except
those covered the preceding Chapter;
(4) Those bigamous or polygamous marriages
Aim of this provision not failing under Article 41;
Avoid exposing parties to humiliation, shame (5) Those contracted through mistake of one
and embarrassment concomitant w/ contracting party as to the identity of the
scandaloys cohabitation of persons outside a
other; and
valid marriage due to publication of every
(6) Those subsequent marriages that are void
applicant’s name for marriage license. (De
Castro v. Assiadao- De Castro) under Article 53.
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marriage. If the party who acted in bad faith is not validly before lower court, in case for support
married to another, his or her shall be forfeited in the can rule that marriage was void. (De
manner provided in the last paragraph of the preceding
Article.
Castro v. Assidao-De Castro)
The foregoing rules on forfeiture shall likewise apply even if Direct attack – filing case precisely
both parties are in bad faith. putting forth as principal issue the nullity
of marriage.
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celebrated or judicially declared Like putative marriage, good faith under Art
void ab initio except donations 35 (2) is not founded on actual marriage or
made in the marriage ceremonial marriage but on reasonable
settlements, which shall be belief by one or both contracting parties
governed by Article 81 that they were honestly married and
solemnizing officer had authority when in
BELOW 18 YEARS OF AGE (AYAY) fact, he had none.
Consent of parents is immaterial in the Good faith is always presumed until
sense that even if present it will not make contrary is shown (Kunafoff v, Woods)
marriage valid. Scope of good faith in putative marriage
Neither can subsequent parental consent may likewise be applied to good faith
ratify void marriage marriages under Art 35 (2)
SPANISH CODE Discriminatory Term good faith – honest and reasonable
MALE: 14 FEMALE:12 Unsafe pregnancy belief that marriage was valid at its inception
Minimum age to effectively and that no legal impediment exists to impair
procreate it validity.
1950 CIVIL CODE While it is frequently been said that a party
MALE: 16 FEMALE: 14 may be in good faith, so long as he receives
Basis : primary obligation of no certain or authoritative knowledge of
husband or father to support some legal impediment to marriage, such
the family person CANNOT CLOSE his ears to
FAMILY CODE information or his eyes to suspicious
BOTH 18YEARS OF AGE circumstances and must not act blindly or
without reasonable precaution.
Extent to which person has duty to ascertain
NO AUTHORITY OF SOLEMNIZING OFFICER
existence of impediment to his marriage
PH exclusively recognize ceremonial
depends ultimately upon facts and
marriage which involves intervention of
circumstances in each individual case.
ecclesiastical or civil functionary
empowered by state to declare couple as
EXPLANATIONS OF JUSTICE RICARDO
husband and wife.
PUNO AND EDUARDO CAGUIOA: Aspect of
Basta remember na lang ulit Art 7
good faith
General rule is that there should be marriage
GOOD FAITH MARRIAGE
and therefore good faith of parties should
If marriage were contracted with either or
come to their rescue.Sometimes it its ot
both parties believing in good faith that
therefault.
solemnizing officer had the legal authority
Exception where marriage is not void is
to do so when in fact he/she has none,
where parties were made t believe, one or
then marriage is still considered valid.
both, that solemnizing officer has authority
GOOD FAITH IS CLEARLY ADDRESSED
TO CONTRACTING PARTIES. No that of This is to prevent unscrupulous chauvinistic
solemnizing officer and not to any other males from deceiving girls because they are
requisite whether essential or formal. made to believe that they are going to be
W/O declaration by law of its validity, such married when marriages is not what they
good-faith marriage would have been an want. (basta si lalaki more ask sa fried to
instance of putative marriage which is void appear as if valid solemnizing officer siya
because absence of authority of a pero di naman pala tas mavovoid marriage
solemnizing officer. because of that)
Putative marriage- applied to matrimonial Court is not saying it is void. It is saying that
union which has been solemnized in due it is valid, not only as between parties but
form and good faith on some legal infirmity is everybody. It is as if it was solemnized by
either void or voidable. person with authority
[36]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
Dr.Arturo Toentino : Ignorance of the law and may be invoked for purposes of remarriage on the
Ignorance of the fact. If parties go before a basis solely of a final judgment declaring such
person not specifically mentioned by law as previous marriage void.
having authority to solemnize marriage, then Art. 52. The judgment of annulment or of absolute
good faith or bad faith is immaterial because nullity of the marriage, the partition and distribution of
according to art 4 of CC, ignorance of the law the properties of the spouses and the delivery of the
children's presumptive legitimes shall be recorded in
excuses no one from compliance therewith.
the appropriate civil registry and registries of property;
otherwise, the same shall not affect third persons. (n)
NO MARRIAGEE LICENSE Art. 53. Either of the former spouses may marry again
Marriage license is a formal requisite, after compliance with the requirements of the
absence of which makes marriage void. immediately preceding Article; otherwise, the
Exceptions however: Art subsequent marriage shall be null and void
27,28,29,30,31,32,33,34 of FC
ARTICLE WHAT KIND JUDICIAL DECLARATION OF NULLITY
ARTICLE 27 at the point of death Absolute nullity of previous marriage may
ARTICLE 28 located that there is no means of
be invoked for purposes of remarriage on
transportation to enable such party to
appear personally before the local civil basis solely of final judgment declaring
registrar such previous marriage void
ARTICLE 31 articulo mortis between passengers or
crew RATIONALE: Parties to marriage should
ARTICLE 32 authority to solemnize marriages in not be permitted to judge for themselves its
articulo mortis between persons within nullity, only competent courts having such
the zone of military operation
ARTICLE 33 among Muslims or among members of authority (Landicho v. Relova-Landicho)
the ethnic cultural communities BIGAMY
(solemnized in accordance with their One who enters subsequent marriage
customs, rites or practices.)
ARTICLE34 lived together as husband and wife for at without first obtaining such judicial
least five years and without any legal declaration is guilty of bigamy. Principle
impediment to marry each other
applies even if earlier unio is characterized
BIGAMOUS OR POLYGAMOUS MARRIAGE by statute as void (Manuel v. People)
Except those allowed under Muslim Code Elements of Bigamy:
or under Art 41 of FC, law prohibits a 1. That the offender has been legally
married man or woman from contracting married;
another bond of union as long as the 2. That the first marriage has not been
consort is alive (US v. Ibanez)
legally dissolved or, in case his or her
Subsequent marriage is illegal and void
from the beginning (Carratala v. Samson) spouse is absent, the absent spouse
Subsequent marriage contracted in Hong could not yet be presumed dead
Kong by husband who had secured a void according to the Civil Code;
Nevada divorce is bigamous and void 3. That he contracts a second or
(Manila Surety & Fidelity Co., Inc v. subsequent marriage; and
Teodoro) 4. That the second or subsequent marriage
IMPORTANT TO NOTE HOWEVER THAT
has all the essential requisites for
in bigamous marriage, 1st marriage must
have been valid. If 1st marriage is in itself validity.
void and subsequent marriage is EXCEPTION:
contracted w/o prior judicial declaration of 1.) Present spouse must file a Summary
nullity of 1st marriage, subsequent marriage proceeding for the declaration of
is void because it violates Art 40 in relation presumptive death of absentee w/o
to Art 52 and 53 of FC. prejudice to latter’s reappearance
Art. 40. The absolute nullity of a previous marriage
[37]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
2.) Absence of other spouse must have undertake the liquidation, partition and
been for 4 consecutive years or 2 years distribution of their properties, if any and
where there is danger of death under only in proper cases, he delivery of
children’s presumptive legitimes and
circumstances laid down in Art 391 of
thereafter all these requirements including
NCC decree of annulment or nullity should be
3.) Well-founded belief of present spouse recorded in appropriate civil registry and
who wishes to remarry that absent registries of property
spouse is already dead
MISTAKE IN IDENTITY OKAY LET’S SUMMARIZE!!!!!!
An instance of fraud which makes marriage
annullable. (CC) VOID MARRIAGES DUE TO ABSENCE OF
Mistake in indentity is a ground for nullity of ANY OF THE ESSENTIAL OR FORMAL
marriage (FC) REQUISITES
Example: [B.B-L.A .PI.S]
Basta namarry mo yung twin. Due to complete
1.) Contracted by any party Below 18 years
absence of consent, marriage is void ab initio
IMPORTANT : contracting party absolutely of age even with parental consent
did not intend to marry the other, as the 2.) Bigamous or polygamous marriage
same is not the person he/she actually except as provided in Art 41
knew before marriage. 3.) Solemnized without License except as
This covers only situations in which there otherwise provided
has been a mistake on part of party
4.) Solemnized by any person not legally
seeking nullification of marriage as to
ACTUAL PHYSICAL IDENTITY OF THE Authorized to perform marriages unless
OTHER one or both parties believed in good faith
that solemnizing officer had the legal
DOES NOT COVER authority to do so
1.) Mistake in name (Ebak pala apilido niya) 5.) Marriages contracted through mistake of
2.) Character of person (Chaka pala siya one of the parties as to Physical Identity
after all this time)
of the Other
3.) His or her attributes (Jafake pala nose
niya) 6.) Subsequent marriages that are not void
4.) Age (Jutanders na pala siya) under Art 53 of FC
5.) Social Standing (Mahirap pala siya)
6.) Pedigree (dog food? Charot joke.)
7.) Pecuniary means Art. 36. A marriage contracted by any party
8.) Temperaments who, at the time of the celebration, was
9.) Acquirements psychologically incapacitated to comply with
10.) Conditions in life
the essential marital obligations of marriage,
11.) Previous habit
shall likewise be void even if such incapacity
VOID UNDER ARTICLE 53 becomes manifest only after its
Art. 53. Either of the former spouses may solemnization.
marry again after compliance with the
requirements of the immediately preceding
Article; otherwise, the subsequent PSYCHOLOGICAL INCAPACITY
marriage shall be null and void. Law does not define P.I, therefore
For persons whose marriages has been
determination is left solely with courts on a
annulled or declared null and void to be
able to validly marry again, they must case to case basis.
[38]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
[39]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
stay, he desperately tried to locate his wife but to no carrying out the ordinary duties required in marriage;
avail. Leouel, in an effort to at least have his wife it must be rooted in the history of the party antedating
come home, filed a petition to nullify their marriage the marriage, although the overt manifestations may
due to Julia’s alleged psychological incapacity. Leouel emerge only after the marriage; and it must be
asserted that due to Julia’s failure to return home or incurable or, even if it were otherwise, the cure would
at least communicate with him even with all his effort be beyond the means of the party involved.
constitutes psychological incapacity. Julia filed an
opposition; she said that it is Leouel who is In the case at bar, although Leouel stands aggrieved,
incompetent. The prosecutor ascertained that there is his petition must be dismissed because the alleged PI
no collusion between the two. Leouel’s petition is of his wife is not clearly shown by the factual settings
however denied by the lower and appellate court. presented. The factual settings do not come close to
to the standard required to decree a nullity of
ISSUE: Whether or not psychological incapacity is marriage.
attendant to the case at bar. Family Code did not define term
“psychological incapacity” Deliberations
HELD: No. Before deciding on the case, the SC noted during sessions of FC revision can
that the Family Code did not define the term however provide an insight on import of
“psychological incapacity”, which is adopted from the
the provision
Catholic Canon Law. But basing it on the
deliberations of the Family Code Revision Committee,
J; Caguioa
the provision in PI, adopted with less specificity than : idea is that one is not lacking in judgment
expected, has been designed to allow some resiliency but he is lacking in the exercise of
in its application. The FCRC did not give any judgment. Lack of judgment would make
examples of PI for fear that the giving of examples marriage voidable.
would limit the applicability of the provision under the Judge Sempio-Diy
principle of ejusdem generis. Rather, the FCRC would : Since insanity is also psychological or
like the judge to interpret the provision on a case-to- mental incapacity, why is insanity only a
case basis, guided by experience, the findings of ground for annulment and not for
experts and researchers in psychological disciplines, declaration of nullity?”
and by decisions of church tribunals which, although
J; Caguioa
not binding on the civil courts, may be given
persuasive effect since the provision was taken from
: In insanity there is appearance of
Canon Law. The term “psychological incapacity” consent, which is the reason why it is a
defies any precise definition since psychological ground for voidable marriage, while
causes can be of an infinite variety. psychological incapacity refers to the very
essence of marital obligation.
Article 36 of the Family Code cannot be taken and J;Reyes
construed independently of but must stand in : “Why is insanity a ground for marriage,
conjunction with, existing precepts in our law on while psychological incapacity is ground for
marriage. PI should refer to no less than a mental (not void ab initio marriages?
physical) incapacity that causes a party to be truly J; Caguioa
incognitive of the basic marital covenants that
: Insanity is curable and there are lucid
concomitantly must be assumed and discharged by
the parties to the marriage which (Art. 68), include
intervals, while psychological incapacity is
their mutual obligations to live together, observe love, not.
respect and fidelity and render help and support. The THERE ARE 2 INTERPRETATIONS OF
intendment of the law has been to confine the PHRASE “PSYCHOLOGICAL OR
meaning of PI to the most serious cases of MENTALLY INCAPACITATED”
personality disorders clearly demonstrative of an utter 1st : Vitiation of consent because one
insensitivity or inability to give meaning and does not know all consequences of the
significance to the marriage. This psychological marriage
condition must exist at the time the marriage is 2nd: if he had known these completely
celebrated. The SC also notes that PI must be he might not have consented to
characterized by (a) gravity, (b) juridical antecedence,
marriage.
and (c) incurability. The incapacity must be grave or
serious such that the party would be incapable of
J; Caguioa
: Term incurable has a differect meaning in
[40]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
law and in medicine. P.I is incurable There is clearly no doubt that intendment
J; Caguioa of law has been to confine P.I to most
: In divorce, P.I may occur after marriage, serious cases of an utter insensitivity and
in void marriages it has to be at time of inability to give meaning and significance
celebration of marriage, incapacity
to marriage.
continues and later becomes manifest
J;Puno and Judge Diy Other forms of psychoses if existing at inception of
: It is possible that after marriage one’s marriage
1.) Unsound mind
psychological incapacity becomes manifest
2.) Concealment of drug addiction
but later on he is cured. 3.) Habitual Alcoholism
J; Caguioa and J; Reyes 4.) Homosexuality or Lesbianism
: remedy in this case is to allow him to Merely render marriage voidable under Art 46 of
remarry. FC.
J; Caguiao
:mental and physical incapacities are vices
of consent while psychological incapacity is
o Marriage is not just an adventure but
not a species of vices of consent.
also a lifetime commitment . We should
:FC Revision committee in ultimately deciding to continue to be reminded that innate in
adopt the provision with less specificity than our society, then enshrined in our civil
expected, has in fact so designated law as to code and now still indelible in Art 1 of FC
allow some resiliency in its application Article 1. Marriage is a special contract of
permanent union between a man and a woman
entered into in accordance with law for the
Part of the provision is similar to Canon 1095 of establishment of conjugal and family life. It is the
New Code of Canon Law foundation of the family and an inviolable
: They are incapable of contracting social institution whose nature, consequences,
marriage and incidents are governed by law and not
1. Lack sufficient use of reason subject to stipulation, except that marriage
2. Suffer from a grave defect of settlements may fix the property relations during
discretion of judgment concerning the marriage within the limits provided by this
essential matrimonial rights and Code
duties to be given and accepted
mutually o Our constitution
3. Who for causes of psychotically in Sec 1: The State recognizes the Filipino
nature are unable to assume family as the foundation of nation.
essential obligations of marriage. Accordingly, it shall strengthen its solidarity
Fr.Orsy, author: psychological causes can be of and actively promote its total development
infinite variety. Sec 2: Marriage as an inviolable social
institution, is the foundation of the family and
Judge Sempio-Diy cites w/ approval the shall be protected by State.
work of Gerardo Veloso, former
Presiding Judge of Metropolitan Marriage CONSTITUTIONAL CONSIDERATION
Tribunal of Catholic Archidocese of : Consti itself does not establish the
Manla who opines that P.I must be parameters of state protection to marriage
characterized by as a social institution and the foundation of
family
1. GRAVITY
:it remains the province of legislature to
2. JURIDICAL ANTECEDENCE
define all legal aspects of marriage and
3. INCURABILITY prescribe the strategy and modalities to
protect it based on whatever socio-political
[41]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
influences it deems proper, and subject of comply with these : good indication of
course to the qualification that legislative psychological incapacity (Toring vs. Toring)
enactment itself adheres to the consti and Fear of a wife who is afraid of children to
bill of rights. engage in sexual intercourse is an indicator of
Indeed Art 36 of FC in classifying marriages P.I
contracted by psychologically incapacitated Senseless and protracted refusal is equivalent
persons as a nullity should be demanded as an to P.I. Thus prolonged refusal of spouse to ave
implement of consti protection of marriage. sexual intercourse w/ his/her spouse is
Corresponding interest for state to defend considered a sign of P.I (Chi Ming Tsoi v. CA)
against marriages ill-equipped to promote Unreasonable attachment of spouse to fam,
family life. friends or barkada such that importance and
Void ab initio marriage under Art 36 do not devotion which should be given to his/her own
further initiatives of state concerning marriage spouse and children are subordinated to said
and family, as they promote wedlock among attachment is also good indication of PI.
persons, who for reasons independent of their However separation and abandonment alone
will are not capacitated to understand or is note conclusive proof of P.I (Republic v.
comply with essential obligations of marriage. Quintero Hamano)
PROVING PYSCHOLOGICA INCAPACITY Sexual infidelity alone or living adulterous life
Psychosomatic and deals with state of mind does not automatically prove P.I.(Ligeralde v.
and thus can only be proven by indicators or Patalinghug)
external manifestations of the person claimed Mere isolated idiosyncrasies of spouse are not
to be psychologically incapacitated. These themselves manifestations of P.I to perform
indicators must be clearly alleged in complaint essential marital obligations. Manifestations of
filed in court. P.I must be attributed to psychological illness
Unlike other grounds for declaration of nullity and not mere physical illness. (Bier v. Bier)
and grounds for annulment and legal P.I cannot be mere refusal or neglect to
separation which generally constitute clearly comply with obligations, it must be downright
definable physical acts and situations incapacity to perform (Republic v. Cabantug-
Upon petitioner’s time and efforts so that she Baguio)
frequently complained of his lack of attention to There must be proof of natal or supervening
her even to her mother whose intervention disabling factor that effectively incapacitated
caused petitioner to lose his job (Salita v. Hon. the respondent spouse from complying w/
Delilah Magtolis) basic marital obligations. (Suazo v. Suazo)
See if husband or wife observes his/her duty Mere incompatibility and irreconcilable
as such towards spouse, children and family. difference are not enough (Aspillaga v.
Art 68: The husband and wife are obliged to Aspillaga)
live together, observe mutual love, respect and Ground is very personal and limited one. It
fidelity, and render mutual help and support does not mean that because person is P.I to
Procreation is likewise an essential obligation. perform marital obligations with his/her present
Constant non-fulfillment of this obligation will spouse, this would also be the case with any
finally destroy the integrity or wholeness of other person other than his/her present spouse
marriage (Chi Ming Tsoi v. CA) Medical and clinical rules to determine P.I were
< BRING UP KO LANG TITLE III formulated on basis of studies of human
RIGHTS AND OBLIGATIONS BETWEEN HUSBAND behavior in general. Hence norms used for
AND WIFE : FC> determining P.I should apply to any person
Art 220,221, 225 of Code enumerates rights, regardless of nationality. (Republic v.
duties and liabilities of parents relative to their Hamano)
parental authority over their children. Failure to [granted nullity] Shown that petitioner was
suffering from dependent personality disorder
[42]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
and respondent was also suffering from 1. Anti-social personality with its funfamental
narcissistic and anti-social disorder, both lack of loyalty to persons or sense of moral
consistent w/ p.i to perform essential martial values
obligations. (Te v. Te) 2. Hyperesthesia where individual has no
By the very nature of Art 36, courts, despite freedom of sexual choice
having primary task and burden of decision 3. Inadequate personality where persona
making must not discount but, instead must responses consistently fall short of
consider as decisive evidence the expert reasonable expectation
opinion on the P.I and mental temperaments of Verily, evidence must show a link, medical or
parties. the like between acts that manifest
J;Romero psychological incapacity and the psychological
Professional opinion of psychological expert disorder itself
became increasingly important in such cases. Court mentions nevertheless for emphasis tat
Data about person’s entire life, both before and presentation of expert prof presupposes a
after ceremony were presented to these thorough and an ind-depth assessment of
experts and they were asked to give parties by the psychologist or expert for a
professional opinions about a party’s mental conclusive diagnosis of grave, severe and
capacity at time of wedding. These opinions incurable P.I
were rarely challenged and tended to be
accepted as decisive evidence of lack of valid CAUSES OF PERSONALITY DISORDERS
consent FREUDIAN Fixation at certain stages
As meaning the capacity of spouses to give of development led to
themselves to each other and to accept the certain personality types
GENETIC FACTORS There is genetic factor
other as distinct person; that the spouses must
involved in etiology or
be other oriented since the obligations of anti-social or borderline
marriage are rooted in a self-giving love; and personality disorders, less
that spouses must have capacity for evidence of inheritance of
interpersonal relationship because marriage is other personality
more than just a physical reality but involves disorders
true intertwining of personalities. The fulfillment NEUROBIOLOGIC Borderline personality,
low cerebrospinal fluid,
of obligation of marriage depends according to
negatively correlated with
church decisions on strength of interpersonal measures of aggression.
relationship BRAIN WAVE Abnormalities in
ACTIVITY electroencephalograph.
Fr.Green in an article in Catholic Mind lists 6
elements necessary to mature marital (Add up to this pag may time)
relationship
EXPERT TESTIMONY
1. Permanent and faithful commitment Extremely helpful
2. Openness to children and partner SC : the personal medical or psychological
3. Stability examination of respondent is not a requirement
4. Emotional Maturity for declaration of P.I and that it is not a
5. Financial responsibility condition sine qua non for such declaration”
6. Ability to cope with ordinary stress and (not an essential condition) (Republic v. Tayag
strains of marriage San Jose)
Fr.Green: among the psychic factors possibly However court may or may not accept
giving rise to his/her ability to fulfill marital testimony of psychologist or psychiatrist
obligations are the following because decision must be based on totality of
evidence (Paras v. Paras)
[43]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
Nevertheless, testimony of an expert witness, illness itself must have attached at such
like psychiatrist or psychologist if credible and moment or prior thereto.
if consistent with totality of evidence which is 4.) Such incapacity must also be shown to be
also credible might be given weight. medically or clinically permanent or
SC even adered to medical and clinical incurable. Such incurability may be absolute
findings of psychia or psycholo who did not or even relative only in regard to the other
personally examine the subject but who were spouse and not necessarily absolutely agaist
given reliable data about the respondent and every one of the same sex. Such incapacity
read pertinent court records in coming up with must be relevant to the assumption of
more reliable assessment that respondent was marriage obligations not necessarily to those
not suffering from PI. Mere fact therefore that not related to marriage.
psychiatrist personally examined subject 5.) Such illness must be grave enough to bring
person is not an assurance that his/her about the disability of the party to assume
findings would be sustained. (Antonio v. the essential obligations of marriage. The
Reyes) illness must be shown as downright
Psychiatrist of petitioner however merely incapacity or inability, not a refusal, neglect
evaluated the respondent by analyzing his or difficulty, much less ill will.
disposition (Ting v. Ting) 6.) The essential marital obligations must be
SC denied nullity of marriage on ground that those embraced by Art 68 up to 71 of FC
psychological report was very general and did as regards husband and wife as well as
not state specific linkages between personality Art 220,221, and 225 of same code with
disorder and behavioral pattern of spouse regard to parents and their children
during marriage (Rumbaua v. Rubaua) 7.) Interpretations given by National Appellate
Matrimonial Tribunal of the Catholic Church
JURISPRUDENTIAL GUIDELINES of PH while not controlling should be given
SC enumerated guidelines in invoking and proving P.I great respect by our courts.
under Art 36 “the following are incapable of contracting
1.) Burden of proof to show the nullity of marriage: those who are unable to assume
marriage belongs to plaintiff. Any doubt essential obligations of marriage due to
should be resolved in favor of existence and causes of psychological in nature”
continuation of marriage and against its 8.) Trial court must order the prosecuting
dissolution and nullity attorney or fiscal and the Solicitor General to
2.) Root cause of psychological incapacity must appear as counsel for the state.
be Certification of SG is not anymore needed.
a. Medically identified
b. Alleged in the complaint Court is not demolishing the foundation of
c. Sufficiently proven by experts families, but actually protecting the sanctity
d. Clearly explained in the decision. of marriage because it refuses to allow a
Psycological- not physical, although its person afflicted with psychological disorder,
manifestations and or symptoms may be who cannot comply with or assume the
physical . essential marital obligations from remaining
To such an extent that person could not in that sacred bond.
have known the obligations he was DAMAGES
assuming or knowing them, could not have Disallowed award of moral, & exemplary
given valid assumption thereof. damages and attorneys fees
3.) Incapacity must be proven to be existing at On ground that the very nature of P.I which is
the time of celebration of marriage. It need non-cognizance of one’s essential marital
not be perceivable at such time, but the obligation at time of marriage ceremony,
negates bad faith.
[44]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
No award of exemplary damages and Art. 221. Parents and other persons exercising
attorney’s fees can also be made in absence of parental authority shall be civilly liable for the injuries
showing of bad faith. and damages caused by the acts or omissions of their
unemancipated children living in their company and
ESSENTIAL MARITAL OBLIGATIONS
under their parental authority subject to the
AS REGARDS HUSBAND AND WIFE appropriate defenses provided by law.
Art. 68. The husband and wife are obliged to live Art. 225. The father and the mother shall jointly
together, observe mutual love, respect and fidelity, exercise legal guardianship over the property of the
and render mutual help and support. unemancipated common child without the necessity
Art. 69. The husband and wife shall fix the family of a court appointment. In case of disagreement, the
domicile. In case of disagreement, the court shall father's decision shall prevail, unless there is a judicial
decide. order to the contrary.
The court may exempt one spouse from living with Where the market value of the property or the annual
the other if the latter should live abroad or there are income of the child exceeds P50,000, the parent
other valid and compelling reasons for the exemption. concerned shall be required to furnish a bond in such
However, such exemption shall not apply if the same amount as the court may determine, but not less than
is not compatible with the solidarity of the family. ten per centum (10%) of the value of the property or
Art. 70. The spouses are jointly responsible for the annual income, to guarantee the performance of the
support of the family. The expenses for such support obligations prescribed for general guardians.
and other conjugal obligations shall be paid from the A verified petition for approval of the bond shall be
community property and, in the absence thereof, from filed in the proper court of the place where the child
the income or fruits of their separate properties. In resides, or, if the child resides in a foreign country, in
case of insufficiency or absence of said income or the proper court of the place where the property or
fruits, such obligations shall be satisfied from the any part thereof is situated.
separate properties. The petition shall be docketed as a summary special
Art. 71. The management of the household shall be proceeding in which all incidents and issues regarding
the right and the duty of both spouses. The expenses the performance of the obligations referred to in the
for such management shall be paid in accordance second paragraph of this Article shall be heard and
with the provisions of Article 70. resolved.
AS REGARD TO PARENTS AND CHILDREN The ordinary rules on guardianship shall be merely
Art. 220. The parents and those exercising parental suppletory except when the child is under substitute
authority shall have with the respect to their parental authority, or the guardian is a stranger, or a
unemancipated children on wards the following rights parent has remarried, in which case the ordinary rules
and duties: on guardianship shall apply.
(1) To keep them in their company, to support,
educate and instruct them by right precept and good
example, and to provide for their upbringing in
RECAP!!!
keeping with their means;
(2) To give them love and affection, advice and REQUISITEES OF PSYCHOLOGICAL
counsel, companionship and understanding; INCAPACITY
(3) To provide them with moral and spiritual guidance, 1.) Juridical Antecedence
inculcate in them honesty, integrity, self-discipline, Must be rooted in the history of party attending
self-reliance, industry and thrift, stimulate their the marriage although manifestations may
interest in civic affairs, and inspire in them compliance emerge only after the marriage
with the duties of citizenship; 2.) Incurability
(4) To furnish them with good and wholesome Must be incurable or even if curable, the cure
educational materials, supervise their activities, would be beyond the means of party involved
recreation and association with others, protect them 3.) Gravity
from bad company, and prevent them from acquiring Must be grave/serious such that the party would
habits detrimental to their health, studies and morals; be incapable of carrying out the ordinary duties
(5) To represent them in all matters affecting their required of marriage.
interests;
(6) To demand from them respect and obedience;
(7) To impose discipline on them as may be required
under the circumstances; and
(8) To perform such other duties as are imposed by
law upon parents and guardians.
[45]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
MARRIAGE
Universally condemned as grossly
indecent, immoral and inimical to the
purity and happiness of the family and
the welfare of future generations.
They are abhorrent to nature, not only of
civilized men, but of barbarous and semi-
civilized peoples
Tend to the confusion of rights and
duties, incident to family relations (Gould
v. Gould)
[child of incestuous union creates a
special problem of social placement,
because its status is so confused, as of
its parents]
Draw the confusing table
(Child born between union of daughter and
father)
(Father married to grandmother)
[46]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
Incest prohibition regulates erotic desire Marriages described in Art 38 will not
in two ways that contribute to serve the fundamental objective of
preservation of the nuclear family. nurturing a stable family unit that can
1. Prohibition controls sex rivalries and effectively be the foundation of society
jealousies within family unit. Enumeration in art 38 – EXCLUSIVE
2. By ensuring suitable role models, the Guardian and his ward can marry
incest restriction prepares the Principal and agent can validly marry each
individual for assumption of familial other.
responsibility as an adult. Eventually
it propels individual toward creation COLLATERAL BLOOD RELATIVES BY
of new nuclear family of his own CONSANGUINITY
marriage. May likely result though not in the same
gravity in dangers and confusion attendant
Art. 38. The following marriages shall be void in incestuous marriage under Art 37.
from the beginning for reasons of public Prevent coming together in their offspring
policy: of any deleterious recessive genes.
Role of legislation has been to decide that
(1) Between collateral blood relatives whether risk is too much to allow citizens and then
legitimate or illegitimate, up to the fourth civil to enact law accordingly
degree; Pertinently, relationship by consanguinity is
(2) Between step-parents and step-children; in itself not capable of dissolution. Even if
(3) Between parents-in-law and children-in- grandfather died, does not sever blood
law; relationship of first cousins.
(4) Between the adopting parent and the To determine whether two persons are
adopted child; relatives of each other up to forth civil
(5) Between the surviving spouse of the degree, they have to consider their nearest
adopting parent and the adopted child; and immediate common ascendant and
(6) Between the surviving spouse of the then count the number of relatives from
adopted child and the adopter; one of them to the common ascendant and
(7) Between an adopted child and a legitimate from the common ascendant to other one.
child of the adopter;
(8) Between adopted children of the same
adopter; and
(9) Between parties where one, with the
intention to marry the other, killed that other
person's spouse, or his or her own spouse.
[47]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
[48]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
law as void shall be treated as such. This will allow them therefore to marry
each other legally.
RELATIONSHIP BY AFFINITY But, as it appears in the case before us,
Step-parents and step-children as well as there was no issue of former marriage
parents-in0law and children-in-law are between descendant and plaintiff’s mother,
related by affinity. the question need now determined. He
Doctrine of affinity grew out of canonical court concludes: relationship of affinity
maxim that a marriage makes husband between decedent and plaintiff which
and wife one. Husband has the relation, by existed during continuance of marriage
affinity to his wife’s blood relatives as she relation between decedent and plaintiff’s
has to them consuanguinity, vice versa mother terminated when latter procured a
(State v. Hooper) divorce from decedent and after that time,
Affinity is the connection formed by plaintiff was not the daughter of
marriage which places the husband in the decentent’s wife, the marriage between
same degree of nominal propinquity to the them is valid. (Back vs. Back)
relatives of wife as that in which she In Civil Law, in a case a marriage is
herself stands towards them and give wife terminated by death of one of spouse,
the same reciprocal connection with there are conflicting views.
relations of husband. (Kelly v. Neely) Affinity not terminated If spouses have no
Only marriages by affinity prohibited in FC whether there are living issues or
are marriages between step-parents and children or not in the children and one of
step-children as well as parents-in law and marriages (Carman v. spouses dies,
Newell) relationship by affinity
children-in-law. is dissolved. It follows
It is believed that these kinds of marital The relationship by the rle that
relationships, IF ALLOWED can most likely affinity is continued relationship by affinity
despite the death of ceases with the
destroy the peacefulness of family relations
one of the spouses dissolution of
and also cause disturbance within family where there are living marriage which
circle. issues or children of produces it. (Kelly v.
PH society is characterized as practicing the marriage in whose Neely)
veins the blood of
“extended families” which have been
parties are
proven most advantageous and beneficial comminggled, since
to society itself. relationship of affinity
Step-brother or step-sister can, however was continued
through the medium of
marry each other as this relationship by
issue of marriage
affinity is not included in the prohibition. (Paddock v. Wells)
[49]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
[50]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
15,2003, any interested party, uch as the Art. 40. The absolute nullity of a previous
father and step-children can file a direct case marriage may be invoked for purposes of
for nullity of marriage. However, under new remarriage on the basis solely of a final
rules on declaration of nullity, heirs cannot judgment declaring such previous
anymore file a case for nullity of marriage of marriage void.
the parents or of their parent with their step-
parent. (Enrico v. Heirs of Medinaceli) JUDICIAL DECLARATION OF NULLITY
Thus previously, a father can file aa case for o If marriage between two contracting
declaration of bigamous marriage entered parties is void ab initio, any one of them
into by his daughter to married man cannot contract a subsequent valid
(Conjuanco v. Romillo) marriage without previous judicial
Likewise, leigitimate heris can file a suit declaration of nullity of previous void
against their stepmother for the declaration marriage.
of nullity of her marriage with their deceased o Subsequent marriage w/o such JDN of
father to protect their successional rights. previous marriage is in itself void ab initio
Now, under new rules, parents cannot file a in accordance with Articles 40,52,53.
case for nullity in relation to the marriage of o Insofar as Art 40 is concerned, if JDN
their children. Neither can heir file a case in were obtained and not registered with
relation to marriage of his/her parent with local civil registrar and the liquidation,
another. (Enrico v. Heirs of Medinaceli) partition and distribution of properties, if
SC ruled that only spouses in subsisting first any, were also not recorded in proper
marriage can file a case for declaration of registry of property, in accordance with
nullity of subsequent bigamous marriage. Art 52 and Art 53 of FC, any subsequent
The “other spouse” in subsequent marriage marriage is likewise void ab initio.
cannot file the case considering that his/her o Only after full compliance with Art 52 and
marriage is void (Fujiki v. Marinay) 52 can a subsequent valid marriage be
Where 2nd wife filed a petition for intervention entered into.
in the declaration of nullity of marriage case o Hence, though first marriage is judicially
filed by her husband in relation the latter’s declared void, any subsequent marriage
first marriage, SC denied such intervention may still be declared void because of the
on the ground that 2nd wife has no legal failure to comply with Art 52 & Art 53.
interest to justify her intervention. SC said o Also, if there is no judicial declaration of
that since divorce obtained by her husband nullity and no decree of annulment, there
in Dominican Republic from 1st wife to be can be no way by which the party can
able to marry 2nd wife was not recorgnized in comply with Art 52 in matter of
PH, PH law does not recognize 2nd marriage registration with LC of nullity or
of her husband to her. (Perez v. CA) annulment decree prior to subsequent
However void marriage can still be marriage . [so it applies: void and
collaterally attacked by any interested party voidable marriages]
in any proceeding where the determination of o RATIONALE:
the validity of marriage is necessary to give For the sake of good order of society and
rise to certain rights or negate certain rights. for peace of mind of all persons
This can occur in an intestate proceeding. concerned, it is generally expedient that
nullity of marriage should be asccertaied
and declared by decree of court of
[52]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
[53]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
[55]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
Hence if the 2nd marriage is likewise void He observes that “no incongruence
of legal grounds other than bigamy, there between this rule in criminal law and FC
can be no crime of bigamy. and each may be applied within the
It might likewise be pointed out that good respective spheres of governance.”
faith in contracting 2nd marriage is a Dissenting opinion of Assoc Justice Vitug
defense in crime of bigamy. in Mercado case appears to be a correct
However, in (Mercado v Mercado) SC rule.
held that criminal offense of bigamy is While the accused may have violated Art
committed for so long as subsequent 40, such violation is not a bar in invoking
marriage was contracted by person nullity of 1st marriage because Art 40
without him/her obtaining judicial merely aims to put certainty as to the
declaration of nullity of his/her 1st void status of subsequent marriage and
marriage pursuant to Art 40 of FC. SC is not aimed as provision to define
did not find it material to focus on nullity bigamy under FC or criminal bigamy
of 1st marriage but instead merely under RPC.
reasoned that, for so long as Art 40 of Only effect of non-observance of Art 40
FC was not complied with, the is to make the subsequent marriage void
subsequent marriage will always be pursuant to Art 52 and 3.
criminally bigamous. Hence ruling states (page 284*** People v. Cobar)
that criminal bigamy is determined not by
fact that 1st marriage is really legally void
but by fact that no judicial declaration of [ART 40-46 REFER TO BOOK AND TAKE
nullity of 1st marriage was obtained prior NOTE OF CASES}
to subsequent marriage.
This decision is subject to strong
dissenting opinion of Assoc Justice Jose
Vitug.He stated that criminal law on
bigamy contemplated an existing
marriage or at least an annullable or
voidable one but not a null and void one.
When criminal law on bigamy referred to
a legally dissolved marriage, it clearly
contemplates a marriage which is at
least annullable or voidable but not void.
This is so because criminal law on
bigamy as explained in (People v.
Aragon) does not require a judicial
declaration of nullity in order to set up the
defense of nullity of marriage in cases of
criminal bigamy. He stated that the total
nullity and inexistence of void marriage
“should be capable of being
independently raised by way of defense
in a criminal case for bigamy”
[56]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
Art. 47. The action for annulment of marriage Jurisdiction over the same by proper RTC
must be filed by the following persons and depends upon the nationality or domicile of
within the periods indicated herein: parties, not the place where celebration of
marriage took place or the locus
(1) For causes mentioned in number 1 of celebracionis.
Article 45 by the party whose parent Thus where Filipino is domiciled in PH, lower
or guardian did not give his or her court has jurisdiction to annul his marriage to
consent, within five years after Korean girl contracted by him in Korea.
attaining the age of twenty-one, or by (Raray v. Chae Kyung Lee)
Rayray married Lee in 1952 in Pusan, Korea. Before
the parent or guardian or person the marriage, Lee was able to secure a marriage
having legal charge of the minor, at license which is a requirement in Korea prior to
any time before such party has marrying. They lived together until 1955. Rayray
however later found out that Lee had previously
reached the age of twenty-one; lived with 2 Americans and a Korean. Lee answered
by saying that it is not unusual in Korea for a woman
(2) For causes mentioned in number 2 of to have more than one partner and that it is legally
permissive for them to do so and that there is no
Article 45, by the same spouse, who legal impediment to her marriage with Rayray.
had no knowledge of the other's Eventually they pursued their separate ways. Rayray
later filed before lower court of Manila for an action to
insanity; or by any relative or annul his marriage with Lee because Lee’s
guardian or person having legal whereabouts cannot be determined and that his
charge of the insane, at any time consent in marrying Lee would have not been for the
marriage had he known prior that Lee had been
before the death of either party, or by living with other men. His action for annulment had
the insane spouse during a lucid been duly published and summons were made
interval or after regaining sanity; known to Lee but due to her absence Rayray moved
to have Lee be declared in default. The lower court
denied Rayray’s action stating that since the
(3) For causes mentioned in number 3 of marriage was celebrated in Korea the court cannot
take cognizance of the case and that the facts
Article 45, by the injured party, within presented by Rayray is not sufficient to debunk his
five years after the discovery of the marriage with Lee.
fraud;
ISSUE: Whether or not Rayray’s marriage with Lee is
null and void.
(4) For causes mentioned in number 4 of
HELD: The lower court erred in ruling that Philippine
Article 45, by the injured party, within courts do not have jurisdiction over the case. As far as
five years from the time the force, marriage status is concerned, the nationality principle
intimidation or undue influence is controlling NOT lex loci celebracionis. The lower
court is however correct in ruling that Rayray’s
disappeared or ceased; evidence is not sufficient to render his marriage with
Lee null and void. Rayray said that the police
(5) For causes mentioned in number 5 clearance secured by Lee is meant to allow her to
marry after her subsequent cohabitation/s with the
and 6 of Article 45, by the injured other men – which is considered bigamous in
party, within five years after the Philippine law. The SC ruled that the police clearance
is wanting for it lacks the signature of the person who
marriage. prepared it and there is no competent document to
NATURE OF ANNULMENT establish the identity of the same. Also, through
Actions in rem: concern the status of parties Rayray himself, Lee averred that it is ok in Korea for a
person who cohabited with other men before to marry
and status affects or binds whole world. another man. This is an indication that Lee herself is
“res” is the relation between said parties, or aware that if it were a previous marriage that is
their marriage tie. concerned then that could be a legal impediment to
any subsequent marriage. Rayray cannot be given
credence in claiming that his consent could have been
[57]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
[58]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
For vitiated consent, the 5 year period is filed with proper RTC, defendant shall be
counted from the time of disappearance of given 15 days from receipt of summons and
force, intimidation or undue influence. of a copy of complaint within which to file an
For fraud, the 5 year period starts from answer
discovery of fraud In the event that defendant fails to file an
For incurable impotency and std, disease, 5 answer, he/she cannot be declared in default
year period begins from time of marriage unlike ordinary civil cases and the court will
ceremony. order the full-blown hearing of the case
However, except for grounds of incurable where the fiscal shall appear on behalf of the
physical incapacity to consummate or state to make sure that no collusion or the
incurable STD, the ther grounds are subj to evidence is not fabricated.
rule of ratification. However, if errorneously, the court renders a
default jusgment in an annulment case, this
Art. 48. In all cases of annulment or would not prevent the decree from having
declaration of absolute nullity of marriage, the legal effect.
Court shall order the prosecuting attorney or BECAUSE: Errorneous judgment IS NOT
fiscal assigned to it to appear on behalf of the void judgment
State to take steps to prevent collusion If defending party in an action for annulment
between the parties and to take care that or declaration of nullity of marriage or for
evidence is not fabricated or suppressed. legal separation fails to answer, court shall
In the cases referred to in the preceding order prosecuting attorney to investigate
paragraph, no judgment shall be based upon whether a collusion between parties exists,
a stipulation of facts or confession of and if there is no such collusion, to intervene
judgment. for the State in order to see to it that the
evidence submitted is not fabricated.
Art. 49. During the pendency of the action and Inquiry of the fiscal can focus upon any
in the absence of adequate provisions in a relevant matter that may indicate whether
written agreement between the spouses, the proceedings for annulmen, nullity or legal
Court shall provide for the support of the separation are fully justified or not.(Brown v.
spouses and the custody and support of their Yambao)
common children. The Court shall give Annulment suit cannot be terminated by way
paramount consideration to the moral and of compromise agreement.. No valid
material welfare of said children and their compromise is legally possible on issue of
choice of the parent with whom they wish to validity of marriage. (Mendoza v. Ca)
remain as provided to in Title IX. It shall also In all cases, a full blown hearing must be
provide for appropriate visitation rights of the undertaken where parties are duty bound to
other parent. prove their grounds by preponderance of
evidence.
PROCEDURE IN ANNULMENT AND IN Summary proceedings are not allowed?
DECLARATION OF NULLITY CASES WHY?
Procedure is now governed by Supreme 1. Such action is not one to “recover upon a
Court En Banc Resolution A.M 00-11-01-SC. claim” or “to obtain a declaratory relief”
Effective March 15,2003 2. It is avowed politcy of state to prohibit
After a complaint for annulment or for annulment if marriages by summary
declaration of nullity of marriage has been proceedings (Roque v. Enarnacion)
[59]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
[60]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
[61]
Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
[62]