Cases on prejudicial question:

1. Dreamworks Construction v. Cleofe Janiola and Hon. Arthur

A. Famini, G.R. No. 184861, June 30, 2009
2. Victoria S. Jarillo v. People, G.R. No. 164435, September 29,
2009

Part II
PERSONS
Art. 37-39 - Person - concept of a ‘person’ and
‘personality’
Juridical capacity - fitness to be the subject of legal relations;
inherent in every natural person and is lost only thru death;
Capacity to act - power to do acts with legal effects; acquired and
may be lost
Distinguish between juridical capacity and capacity to act
Restrictions on capacity to act - minority; insanity or imbecility;
state of being deaf-mute ; prodigality and civil interdiction
Modify or limit capacity - age; insanity; imbecility; state of
being deaf-mute; penalty; prodigality; family relations; alienage; absence;
insolvency; trusteeship

Commencement and termination of personality

Arts. 40 – 41 - when is a child considered born
a) Geluz v. CA 2 SCRA 801
b) Quimiging v. Icao 34 SCRA 134

Art. 42 - Death
Presumption of survivorship
Art. 43
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 ROC Rule 131 Sec. 3 (jj) - (kk) (1989 Rev. Rules on Evidence) -
applies if persons involved are not heirs of each other

Arts. 44-47 - Juridical persons

Arts. 48-51 - Domicile and residence of persons
a) Marcos v. COMELEC, G.R. No. 119976, September 18,1995
Elements of domicile
i. Must be physically present in a fixed place
ii. Animus manendi

THE FAMILY CODE - took effect on August 3, 1988

MARRIAGE

Arts.1- definition; governing law

a) Modequillo v. Breva, 185 SCRA 766

Art. 2 - Essential requisites -

Art. 3 - Formal Requisites -

a) Silverio v. Republic, G. R. No. 174689

Art. 4 - absence of any formal or essential will render the

marriage void
Defect in any of the essential requisites shall render the
marriage voidable as provided in Art. 45
Irregularity in the formal requisite shall not affect the
validity of marriage but the party responsible shall be civilly,
criminally and administratively liable
a) Alcantara v. Alcantara, G.R. No. 167746, August 28, 2007

Art.5 - who may contract marriage

a) Republic v. Cagandahan, G. R. No. 16676
b) Navarro v. Domagtoy,

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 Art. 6 - no prescribed form for solemnization
Art. 7-8 - who may solemnize; how/where
Art. 9 - marriage license
a) Cariño v. Cariño, 403 Phils. 861
b) Abbas v. Abbas, G.R. No. 183896, January 30, 1013
c) Go-Bangayan v. Bangayan, Jr., G. R. No. 201062, JHuly 3, 2013

Art. 10 - marriages between Filipinos abroad

Art. 11-13 - what should the license contain; where should it be

obtained

Art. 14 - parental consent

Art. 15 - parental advice

Art. 16-25 - contents of marriage license; duties of the Local Civil

Registrar, etc.

Art. 26 - marriages solemnized outside the Philippines; divorce

validly obtained
a) Van Dorm v. Romillo, 139 SCRA 139
b) Pilapil v. Ibay-Somera, 174 SCRA 653
c) Republic v. Orbecido,G.R. No. 15438, October 5, 2005
d) Fujiki v. Marinay, G.R. No. 1960491, June 26,2013
e) Bayot v. Court of Appeals, G. R. 1556635 and 163979, November
7, 2008
f) Zamoranos v. People, G. R. No. 193902, June 1, 2011
g) Llave v. People, G.R. No. 169766, March 30, 2011

Marriages Exempt from License

Art. 27 - marriage in articulo mortis
Art. 28 - remote place and no transportation to appear
personally before the local civil registrar
Art. 29-30 - affidavit by the solemnizing officer

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 Art. 31 - marriage in articulo mortis maybe solemnized by a ship
captain or airplane pilot
Art. 32 - military commander may solemnize marriage in
articulo mortis
Art. 33 - marriages among Muslims or ethnic minority
Art. 34 - those who have lived as husband and wife for five years
and no impediment to marry
a) Niñal v. Badayog, G.R. No. 133778, March 14, 2000
b) De Castro v. Assidao- de Castro, G. R. No. 160172, February 13,
2008
c) Manzano v. Sanchez, A.M. No. MT 00-1329, March 8, 2001

Void and Viodable Marriages

Art. 35 - marriages void from the beginning
Absence of requisite
a) Abbas v. Abbas, G.R. No. 183896, January 30, 2013

Bigamous or polygamous marriage

a) Montañez v. Cipriano, G.R. No. 181089, October 22, 2012

Art. 36 - psychological incapacity

a) Santos v. CA, G.R. No. 112019, January 4, 1995
b) Republic v. Court of Appeals and Molina, G.R. No. 108763,
February 13, 1997
c) Marcos v. Marcos, 343 SCRA, 755, October 19, 2001

Art. 37 - incestuous marriage

Art. 38 - void for reasons of public policy

Art. 39 - no prescription for action for nullity

Art. 40 - final judgment in the nullity case, required for

remarriage
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Art. 41 - presumptive death; requisites of marriage after
declaration of presumptive death

a) Republic v. Granada, G.R. No. 187512, June 13, 2012

b) Republic v. Nacerda, G. R. No. 182760, April 10, 2013 -
no appeal in a summary proceeding for declaration of
presumptive death

Arts. 42-44 - subsequent marriage upon the reappearance of the

absentee spouse

a) SSS v. Jarque, G.R. No. 165545, March 24, 2006

Art. 45 - Voidable marriages

Art. 46 - what constitutes fraud
a) Hernandez v. CA, December 8, 1999

Art. 47 - who may file and when

Art. 48 - participation by the prosecutor in nullity cases
Art. 49 - interim support during the pendency of the case
Arts. 50-53 - liquidation of properties; effect on susbseuqent
marriage
Art. 54 - effect of declaration of nullity: children are legitimate