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Accion in Rem verso vs Solution indebiti
Art. 15. Laws relating to family rights and duties, or to the
Accion in rem verso Solutio indebiti status, condition and legal capacity of persons are binding
upon citizens of the Philippines, even though living abroad.
In both cases:
Lex Rei Sitae
1. Both are unjustly enriched at the
expense of another, Art. 16. Real property as well as personal property is subject
2. There is payment to the law of the country where it is stipulated.
3. An obligation to return what was unduly
delivered or paid arises Exception: However, intestate and testamentary
4. Purpose is to prevent unjust enrichment successions, both with respect to the order of
succession and to the amount of successional rights
and to the intrinsic validity of testamentary provisions,
1. Defendant has 1. Payment is shall be regulated by the national law of the person
been enriched; made; whose succession is under consideration, whatever
2. Plaintiff 2. It was made by may be the nature of the property and regardless of
suffered a loss mistake the country wherein said property may be found.
3. Enrichment is 3. The payor has
 All matters concerning the title and disposition of real
without just or no duty to pay;
property are determined by what is known as the lex
legal ground; 4. There is no
loci rei sitae. This general principle includes all rules
4. Plaintiff has no binding
governing the descent, alienation and transfer of
other action relationship
immovable property and the validity, effect and
based on between the
construction of wills and other conveyances.
contract, quasi- payor and the
 This principle even governs the capacity of the
contract, crime one who
person making a deed relating to immovable
or quasi-delict received
property, no matter what its nature may be. Thus, an
instrument will be ineffective to transfer title to land
There is no mistake in Essence is payment by if the person making it is incapacitated by the lex loci
payment. mistake rei sitae, even though under the law of his domicile
and by the law of the place where the instrument is
Note: Mistake refers to actually made, his capacity is undoubted. [Orion
mistake of fact, except Savings Bank vs. Suzuki, 740 SCRA 345 (2014)]
when it involves a
Lex Loci Celebrationis
doubtful or difficult
interpretation of law Art. 17. The forms and solemnities of contracts, wills, and
other public instruments shall be governed by the laws of the
Source of obligation is Source of obligation is a country in which they are executed.
law quasi-contract
When the acts referred to are executed before the diplomatic
Principle of Territoriality or consular officials of the Republic of the Philippines in a
foreign country, the solemnities established by Philippine laws
Art. 14. Penal laws and those of public security and safety shall be observed in their execution.
shall be obligatory upon all who live or sojourn in the
Philippine territory, subject to the principles of public NOTE: Prohibitive laws concerning persons, their acts
international law and to treaty stipulations. or property, and those which have, for their object,

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public order, public policy and good customs shall not  The concept of "unfair competition" under Article 28
be rendered ineffective by laws or judgments of the NCC is very much broader than that covered by
promulgated, or by determinations or conventions intellectual property laws. Under this article, which
agreed upon in a foreign country. follows the extended concept of "unfair competition"
in American jurisdictions, the term covers even cases
 In Del Soccoro v. Van Wilsem [744 SCRA 516 (2014)], of discovery of trade secrets of a competitor, bribery
a Dutch national, after divorcing his Filipino spouse, of his employees, misrepresentation of all kinds,
failed to support their child for several years. When interference with the fulfillment of a competitor’s
charged with violation of R.A. No. 9262 for refusing contracts, or any malicious interference with the
and/or failing to give support to the child, he pleaded latter’s business [Willaware Products Corporation vs.
the law of the Netherlands to advance his position Jesichris Manufacturing Corp., 734 SCRA 238 (2014)].
that he is not obliged to support his son. In order to qualify the competition as "unfair," it must
The Court held that even if the laws of the have two characteristics: (1) it must involve an injury
Netherlands neither enforce a parent’s obligation to to a competitor or trade rival, and (2) it must involve
support his child nor penalize the noncompliance acts which are characterized as "contrary to good
therewith, said foreign law cannot be applied in the conscience," or "shocking to judicial sensibilities," or
Philippines because it is contrary to a sound and otherwise unlawful; in the language of our law, these
established policy of the forum and that, additionally, include force, intimidation, deceit, machination or any
prohibitive laws concerning persons, their acts or other unjust, oppressive or high-handed method. The
property, and those which have for their object public injury or interest is a minor factor; the essence
public order, public policy and good customs shall not of the matter appears to be a private wrong
be rendered ineffective by laws or judgments perpetrated by unconscionable means.
promulgated, or by determinations or conventions
Simplified Elements of damage:
agreed upon in a foreign country. Thus
notwithstanding his national law, his obligation to 1. Injury sustained by a competitor
support his child is still duly enforceable in the 2. By reason of an unlawful act
Philippines because it would be of great injustice to
the child to be denied of financial support when the Natural Persons
latter is entitled thereto.
Art. 40. Birth determines personality; but the conceived child
Principle of Abuse of Right shall be considered born for all purposes that are favorable to
it, provided it be born later with the conditions specified in the
Art. 19. Every person must, in the exercise of his rights and in
following article.
the performance of his duties, act with justice, give everyone
his due, and observe honesty and good faith. Art. 41. For civil purposes, the fetus is considered born if it is
alive at the time it is completely delivered from the mother's
 Damnum Absque Injuria if there was a valid or
womb. However, if the fetus had an intra-uterine life of less
legitimate exercise of right.
than seven months, it is not deemed born if it dies within
 The proper exercise of a lawful right cannot constitute
twenty-four hours after its complete delivery from the
a legal wrong for which an action will lie, although
maternal womb.
the act may result in damage to another, for no legal
right has been invaded. NOTE: A conceived child, although as yet unborn, has
a limited and provisional personality for purposes
Unfair Competition
favorable to it, such as the following rights:
Art. 28. Unfair competition in agricultural, commercial or
1. To be a donee of simple donations;
industrial enterprises or in labor through the use of force,
2. To receive support;
intimidation, deceit, machination or any other unjust,
3. To be a testamentary heir, even if it be born
oppressive or highhanded method shall give rise to a right of
after the testator’s death
action by the person who thereby suffers damage.
4. To be a beneficiary in an insurance policy
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5. It can be a recipient of a pure obligation (1) Legal capacity of the contracting parties who must
be a male and a female; and
Q: Can the provisional personality of the child be
asserted if the issue is the right of the parents? (2) Consent freely given in the presence of the
solemnizing officer.
A: No. In Continental Steel Manufacturing vs
Montano, the Supreme Court said: “We need not Art. 3. The formal requisites of marriage are:
establish civil personality of the unborn child herein
since his/her juridical capacity and capacity to act as (1) Authority of the solemnizing officer;
a person are not in issue. It is not a question before us
2) A valid marriage license except in the cases
whether the unborn child acquired any rights or
provided for in Chapter 2 of this Title; and
incurred any obligations prior to his/her death that
were passed on to or assumed by the childs (3) A marriage ceremony which takes place with the
parents. The rights to bereavement leave and other appearance of the contracting parties before the
death benefits in the instant case pertain directly to solemnizing officer and their personal declaration
the parents of the unborn child upon the latter’s that they take each other as husband and wife in the
death.” presence of not less than two witnesses of legal age.

Rules on Survivorship NOTE: In Republic vs. Albios [707 SCRA 584 (2013)],
where a citizen of the Philippines got married to an
Art. 43. If there is a doubt, as between two or more persons
American citizen solely for the purpose of acquiring
who are called to succeed each other, as to which of them
American citizenship in consideration of a sum of
died first, whoever alleges the death of one prior to the other,
money, it was alleged that the marriage was void
shall prove the same; in the absence of proof, it is presumed
because it was one made in jest and consent was
that they died at the same time and there shall be no
therefore lacking. In declaring the marriage to be
transmission of rights from one to the other.
valid, the Court ruled that that there is no law that
Survivorship under Art 43 Survivorship under the declares a marriage void if it is entered into for
of the Civil Code Rules of Court purposes other than what the Constitution or law
declares, such as the acquisition of foreign citizenship.
1. Successional
While the avowed purpose of marriage under Article
rights are
1 of the Family Code is for the couple to establish a
conjugal and family life, the possibility that the
2. The persons are
parties in a marriage might have no real intention to
heirs of each
establish a life together is, however, insufficient to
nullify a marriage freely entered into in accordance
with law. Thus, marriages entered into for other
Marriage purposes, limited or otherwise, such as convenience,
companionship, money, status, and title, provided
Article 1. Marriage is a special contract of permanent union that they comply with all the legal requisites, are
between a man and a woman entered into in accordance with equally valid. Love, though the ideal consideration in
law for the establishment of conjugal and family life. It is the a marriage contract, is not the only valid cause for
foundation of the family and an inviolable social institution marriage. Other considerations, not precluded by law,
whose nature, consequences, and incidents are governed by may validly support a marriage.
law and not subject to stipulation, except that marriage
settlements may fix the property relations during the marriage Art. 4. The absence of any of the essential or formal requisites
within the limits provided by this Code. shall render the marriage void ab initio, except as stated in
Article 35 (2).
Art. 2. No marriage shall be valid, unless these essential
requisites are present: A defect in any of the essential requisites shall not affect the
validity of the marriage but the party or parties responsible for

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the irregularity shall be civilly, criminally and administratively A: Valid marriage, but the party responsible shall be
liable. civilly, criminally and administratively liable

Essential Formal Note: The local civil registrar has no power to extend
Absence Void GR: Void the validity of marriage license.
Exception: if
both/either parties Marriages solemnized outside the Philippines
believed in good faith Art. 26. All marriages solemnized outside the Philippines, in
that the solemnizing accordance with the laws in force in the country where they
officer had legal were solemnized, and valid there as such, shall also be valid in
authority to this country, except those prohibited under Articles 35 (1), (4),
(5) and (6), 3637 and 38.
Defect Voidable Recognition of Divorce decree in the Philippines
Irregularity Does not affect the marriage but the
party responsible shall be civilly, Three Important Legal Premises On Divorce First, a
criminally and administratively divorce obtained abroad by an alien married to a
liable. Philippine national may be recognized in the
Philippines, provided the decree of divorce is valid
according to the national law of the foreigner.
Second, the reckoning point is not the citizenship of
the divorcing parties at birth or at the time of
marriage, but their citizenship at the time a valid
Marriage License divorce is obtained abroad. And third, an absolute
divorce secured by a Filipino married to another
Art. 20. The license shall be valid in any part of the Philippines Filipino is contrary to our concept of public policy and
for a period of one hundred twenty days from the date of morality and shall not be recognized in this
issue, and shall be deemed automatically canceled at the jurisdiction. [Bayot vs. CA, G.R. No. 155635, Nov. 7,
expiration of the said period if the contracting parties have not 2008, 570 SCRA 472]
made use of it. The expiry date shall be stamped in bold
characters on the face of every license issued.
Q: If a foreigner, married to another foreigner obtains
 No marriage license shall be issued by the Local Civil a decree of absolute divorce abroad, can the decree
Registrar unless the applicants present a Certificate be recognized in the Philippines?
of Compliance issued for free by the local Family
A: Yes.
Planning Office certifying that they had duly received
adequate instructions and information on Q: If a Filipino, married to another Filipino obtains a
responsible parenthood, family planning, decree of absolute divorce abroad, can the decree be
breastfeeding and infant nutrition [Sec. 15, R.A. No. recognized in the Philippines?
10354, The Responsible Parenthood and
Reproductive Health Act of 2012 (RH Law)]. A: NO. It is contrary to public policy and shall not be
recognized in this jurisdiction.
Q: What if there is no marriage license at all at the
time of celebration of marriage? Q: If a foreigner, married to a Filipino, obtains a
decree of absolute divorce abroad, can the decree be
A: Marriage is void.
recognized in the Philippines?
Q: What if there is a marriage license, but it is a
A: Yes. Legal Basis: Article 26(2) of the Family Code.
spurious marriage license?
Where a marriage between a Filipino citizen and a
foreigner is validly celebrated and a divorce is

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thereafter validly obtained abroad by the alien civil registry without the requisite judicial recognition
spouse capacitating him or her to remarry, the is patently void and cannot produce any legal effect.
Filipino spouse shall have capacity to remarry under The Court explained that while the law requires the
Philippine law. entry of the divorce decree in the civil registry, the
law and the submission of the decree by themselves
Q: What if it was the Filipino spouse who obtained do not ipso facto authorize the decrees registration.
the divorce decree? The law should be read in relation with the
requirement of a judicial recognition of the foreign
A: Valid, and can be recognized in the Philippines.
judgment before it can be given res judicata effect
In Republic v. Marelyn Tanedo Manalo (April 2018), [Corpuz v. Sto. Tomas, G.R. No. 186571, 11 August
the Court, in a landmark ruling, declared the absolute 2010, 628 SCRA 266].
divorce obtained by the Filipino spouse married to a
 Only the Filipino spouse can invoke the second
foreigner valid even if it is the Filipino spouse who
paragraph of Article 26 of the Family Code while the
obtained it. In this case, the RTC ruled that Article 26
alien spouse can claim no right under said provision.
(2) of the Family Code does not apply because it was
The Court explained that the provision was included
the Filipino spouse that initiated the divorce. But the
in the law to avoid the absurd situation where the
Court of Appeals overturned the decision, holding that
Filipino spouse remains married to the alien spouse
Article 26 of the Family Code applies even if it was the
who, after obtaining a divorce, is no longer married
Filipino spouse who filed for divorce against the
to the Filipino spouse. The legislative intent is for the
foreign spouse because the decree obtained makes
benefit of the Filipino spouse, by clarifying his or her
the foreigner no longer married to the Filipino,
marital status, settling the doubts created by the
enabling the foreigner to remarry. The appellate
divorce decree. Essentially, the second paragraph of
court held that it would be unjust to consider the
Article 26 of the Family Code provided the Filipino
Filipino still married to the foreigner who is no longer
spouse a substantive right to have his or her marriage
considered married to the Filipino. The Supreme Court
to the alien spouse considered as dissolved,
sustained the appellate court's ruling.
capacitating him or her to remarry. Thus, if the
Q: What if the absolute divorce decree was applied Filipino spouse invokes the second paragraph of
for jointly by the spouses? Article 26 of the Family Code, the action is not limited
to the recognition of the foreign divorce decree. If
A: Valid, and can be recognized in the Philippines
the court finds that the decree capacitated the alien
NOTE: Before the divorce decree can be recognized spouse to remarry, the courts can declare that the
by our courts, the party pleading it must prove the Filipino spouse is likewise capacitated to contract
divorce as a fact and demonstrate its conformity to another marriage. [Corpuz v. Sto. Tomas, G.R. No.
the foreign law allowing it. 186571, 11 August 2010, 628 SCRA 266]

 The principle in Article 26 of the Family Code is also

If the court finds that the decree capacitated the
applicable to a marriage between a Filipino and a
alien spouse to remarry, the courts can declare that
foreign citizen who obtains a foreign judgment
the Filipino spouse is likewise capacitated to contract
nullifying the marriage on the ground of bigamy. The
another marriage.
Court explained that the principle in the second
 The recognition of the foreign divorce decree may be paragraph of Article 26 of the Family Code applies
made in a Rule 108 proceeding itself, as the object of because the foreign spouse, after the foreign
special proceedings (such as that in Rule 108 of the judgment nullifying the marriage, is capacitated to
Rules of Court) is precisely to establish the status or remarry under the laws of his or her country. If the
right of a party or a particular fact [Corpuz v. Sto. foreign judgment is not recognized in the Philippines,
Tomas, G.R. No. 186571, 11 August 2010, 628 SCRA the Filipino spouse will be discriminated — the
266; Fujiki v. Marinay, 700 SCRA 69 (2013)]. foreign spouse can remarry while the Filipino spouse
cannot remarry. [Fujiki v. Marinay, 700 SCRA 69
 The registration of a foreign divorce decree in the (2013)]

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 In the case of San Luis v. San Luis [514 SCRA 294 Marriage Ceremony
(2007)], the Court held that there is no need to
retroactively apply the provisions of the second  In Ronulo v. People [728 SCRA 675 (2014)], a
paragraph of Article 26 of the Family Code because solemnizing officer from the Aglipayan Church was
there is sufficient jurisprudential basis to apply the charged with violation of Article 352 of the RPC for
rule embodied in said law to absolute divorces allegedly performing an illegal marriage ceremony
obtained by the foreign spouse prior to the effecivity because he solemnized the marriage knowing fully
of the Family Code, as exemplified by the cases of well that the parties did not have marriage license.
Van Dorn v. Romillo, Jr., Pilapil v. Ibay-Somera and The accused contended that he merely conducted a
Quita v. Court of Appeals. “blessing” and that in order for a marriage ceremony
to exist, the law require the verbal declaration that
Marriages Exempt from Marriage License Requirement the couple take each other as husband and wife, and
a marriage certificate containing the declaration in
Remote The residence of either party is so
writing which is duly signed by the contracting
Places located that there is no means of
parties and attested to by the solemnizing officer. In
transportation to enable such party
holding that the accused indeed performed a
to appear personally before the LCR.
marriage ceremony, the Court ruled that the law sets
Among a. Among Muslims or members of
the minimum requirements constituting a marriage
Muslims ethnic cultural
ceremony: first, there should be the personal
appearance of the contracting parties before a
b. Solemnized in accordance with
solemnizing officer; and second, their declaration in
their customs, rites or practices
the presence of not less than two witnesses that they
5- Year a. Living together as husband and
take each other as husband and wife. Both
Cohabitation wife for at least 5 years before the
requirements were present in this case.
b. No legal impediment to marry Void Marriages
during the 5-year period
Art. 35. The following marriages shall be void from the
 In Republic v. Dayot [550 SCRA 435 (2008)], the
(1) Those contracted by any party below eighteen years of age
Supreme Court ruled that the falsity of an affidavit of
even with the consent of parents or guardians;
marital cohabitation, where the parties have in truth
fallen short of the minimum five-year requirement, (2) Those solemnized by any person not legally authorized to
effectively renders the marriage void ab initio for lack perform marriages unless such marriages were contracted
of a marriage license. with either or both parties believing in good faith that the
 In De Castro v. Assidao-De Castro [G.R. No. 160172 solemnizing officer had the legal authority to do so;
February 13, 2008, 545 SCRA 162], the Court further
clarified that the falsity of the affidavit cannot be (3) Those solemnized without license, except those covered
considered as a mere irregularity in the formal the preceding Chapter;
requisites of marriage. To permit a false affidavit to
take the place of a marriage license, the Court (4) Those bigamous or polygamous marriages not failing under
explained in Dayot, is to allow an abject Article 41;
circumvention of the law.
(5) Those contracted through mistake of one contracting party
 In Santiago v. People [G.R. No. 200233, July 15, as to the identity of the other; and
2015], the Court held that the falsity of an affidavit of
cohabitation CANNOT be used as a defense in the (6) Those subsequent marriages that are void under Article 53.
crime of bigamy, for it will be the height of absurdity
for the Court to allow the accused to use her illegal Art. 36. A marriage contracted by any party who, at the time
act to escape criminal conviction. of the celebration, was psychologically incapacitated to
comply with the essential marital obligations of marriage, shall

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likewise be void even if such incapacity becomes manifest only (6) Between the surviving spouse of the adopted child and the
after its solemnization. adopter;

Art. 37. Marriages between the following are incestuous and (7) Between an adopted child and a legitimate child of the
void from the beginning,whether relationship between the adopter;
parties be legitimate or illegitimate:
(8) Between adopted children of the same adopter; and
(1) Between ascendants and descendants of any degree; and
(9) Between parties where one, with the intention to marry
(2) Between brothers and sisters, whether of the full or half the other, killed that other person’s spouse, or his or her own
blood. spouse.

Art. 38. The following marriages shall be void from the Art. 41. A marriage contracted by any person during
beginning for reasons of public policy: subsistence of a previous marriage shall be null and void,
unless before the celebration of the subsequent marriage, the
(1) Between collateral blood relatives whether legitimate or prior spouse had been absent for four consecutive years and
illegitimate, up to the fourth civil degree; the spouse present has a well-founded belief that the absent
spouse was already dead. In case of disappearance where
(2) Between step-parents and step-children;
there is danger of death under the circumstances set forth in
(3) Between parents-in-law and children-in-law; the provisions of Article 391 of the Civil Code, an absence of
only two years shall be sufficient.
(4) Between the adopting parent and the adopted child;
Art. 53. Either of the former spouses may marry again after
(5) Between the surviving spouse of the adopting parent and compliance with the requirements of the immediately
the adopted child; preceding Article; otherwise, the subsequent marriage shall be
null and void.
(6) Between the surviving spouse of the adopted child and the

(7) Between an adopted child and a legitimate child of the Art 35 (4) Art 40
adopter; Those bigamous or Art. 40. The absolute
polygamous marriages nullity of a previous
(8) Between adopted children of the same adopter; and
not failing under Article marriage may be invoked
(9) Between parties where one, with the intention to marry 41 for purposes of
the other, killed that other person’s spouse, or his or her own remarriage on the basis
spouse. solely of a final judgment
declaring such previous
Art. 38. The following marriages shall be void from the marriage void.
beginning for reasons of public policy: Valid/voidable prior Applies only if the prior
marriage marriage is void ab initio
(1) Between collateral blood relatives whether legitimate or
Article 148 ACP
illegitimate, up to the fourth civil degree;
CPG or
(2) Between step-parents and step-children; Complete separation of
(3) Between parents-in-law and children-in-law;

(4) Between the adopting parent and the adopted child;  The Court applied Article 40 retroactively to cases
where the second marriage took place prior to the
(5) Between the surviving spouse of the adopting parent and effectivity of the Family Code and prior to the
the adopted child; promulgation of the Wiegel case. In Jarillo v. People
[G.R. No. 164435, Sep. 29, 2009; and the Resolution

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of the Motion for Reconsideration, G.R. No. 164435, which states: “After a diligent search on the files of
June 29, 2010, 622 SCRA 24], the second marriage Registry Book on Application for Marriage License
was celebrated on November 26, 1979; while in and License Issuance available in this office, no
Montañez v. Cipriano [684 SCRA 315 (2012)], the record could be found on the alleged issuance of this
second marriage took place on January 24, 1983. office of Marriage License No. 8683519 in favor of
 In both cases, the Court applied Article 40
GAERLAN dated July 17, 1987.” The Court then ruled
retroactively in a criminal action for bigamy holding
that “the appreciation of the probative value of the
that said provision, being a rule of procedure, may be
certification cannot be divorced from the purpose of
applied retroactively.
its presentation, the cause of action in the case, and
 HOWEVER: In the 2016 case of Castillo v. De Leon the context of the presentation of the certification in
Castillo (789 SCRA 503), the Court reiterated the relation to the other evidence presented in the case.”
ruling in Apiag v. Cantero (1997) and Ty v. CA (2000) The Court adds, “We are not prepared to establish a
that the requirement of a judicial decree of nullity doctrine that a certification that a marriage license
does not apply to marriages that were cannot be found may substitute for a definite
celebrated before the effectivity of the Family Code, statement that no such license existed or was issued.
particularly if the children of the parties were born
while the Civil Code was in force.
Definitely, the Office of the Civil Registrar of Imus,
 In Ty, the Court clarified that those cases continue to
Cavite should be fully aware of the repercussions of
be governed by Odayat v. Amante (1977), People v.
those words. That the license now cannot be found is
Mendoza (1954), and People v. Aragon (1957), which
not basis per se to say that it could not have been
embodied the then-prevailing rule that no judicial
decree was necessary to establish the invalidity of
void marriages under Article 80 of the Civil Code.  In Kho v. Republic, 791 SCRA 604 (2016), however,
among the pieces of evidence presented by
 Castillo reritrated the rule that Article 40 cannot be
petitioner is a Certification issued by the Municipal
applied retroactively to a marriage celebrated under
Civil Registrar of Arteche, Eastern Samar attesting
the Civil Code because it would impair vested rights.
that the Office of the Local Civil Registrar "has no
 In Vitangcol v. People, Vitangcol contracted a first record nor copy of any marriage license ever issued
marriage in 1987 and another marriage in 1994. The in favor of Raquel G. Kho [petitioner] and Veronica M.
second wife filed a criminal complaint for bigamy. Borata [respondent] whose marriage was celebrated
Vitangcol presented as evidence a Certification from on June 1, 1972." The RTC granted the petition for
the Office of the Civil Registrar of Imus, Cavite, which declaration of absolute nullity of such marriage,
states that the Office has no record of the marriage which decision, however, was reversed by the CA.
license allegedly issued in his favor and his first wife, The CA held that since a marriage was, in fact,
Gina. He argued that with no proof of existence of an solemnized between the contending parties, there is
essential requisite of marriage—the marriage a presumption that a marriage license was issued for
license—the prosecution fails to establish the legality that purpose and that petitioner failed to overcome
of his first marriage. The Court held that persons such presumption. The CA also ruled that the
intending to contract a second marriage must first absence of any indication in the marriage certificate
secure a judicial declaration of nullity of their first that a marriage license was issued is a mere defect in
marriage. If they proceed with the second marriage the formal requisites of the law which does not
without the judicial declaration, they are guilty of invalidate the parties' marriage. On appeal to the SC,
bigamy regardless of evidence of the nullity of the it was held that based on the Certification issued by
first marriage. [Vitangcol v. People, 780 SCRA 598 the Municipal Civil Registrar of Arteche, Eastern
(2016)] Samar, coupled with respondent's failure to produce
 In Vitangcol, the accused presents a Certification a copy of the alleged marriage license or of any
from the Office of the Civil Registrar of Imus, Cavite, evidence to show that such license was ever issued,
the only conclusion that can be reached is that no
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valid marriage license was, in fact, issued. The Court 02-11-10-SC which took effect on March 15, 2003,
adds: “Contrary to the ruling of the CA, it cannot be and Art. 171of the Family Code, respectively, it was
said that there was a simple defect, not a total held that the petition should be filed in a Family
absence, in the requirements of the law which would Court.
not affect the validity of the marriage. The fact
remains that respondent failed to prove that the  The case of Braza must be distinguished from the case
subject marriage license was issued and the law is of Republic vs. Olaybar [G.R. No. 189538, Feb. 10,
clear that a marriage which is performed without the 2014, 715 SCRA 605], involving a case of identity
corresponding marriage license is null and void.” theft. In Olaybar, the respondent found out that
someone stole her identity in contracting marriage to
Who May File a Petition to Declare Absolute Nullity of a Korean national. Upon such discovery, she
Marriage immediately filed a petition for cancellation of entries
Marriages during ANY PARTY IN INTEREST (may in the marriage contract filed with the NSO,
the Civil Code be filed even after the death of specifically the entries in the wife portion thereof.
the spouses) The Republic opposed the petition which it claimed
Marriages during Apply AM 02-11-10 to be actually a petition for declaration of nullity of
the Family Code Only the husband or wife may marriage in the guise of a Rule 108 proceeding. In
fie during the lifetime of the allowing the correction of the subject certificate of
spouses marriage by cancelling the name of the respondent in
the wife portion thereof, the Court held that the
EXCEPTION: the rule in A.M. respondent did not seek the nullification of marriage
No. 02-11-10-SC that only the as there was no marriage to speak of.
husband or wife can file a PROBABLE BAR QUESTION: [Juliano-Llave v. Republic,
declaration of nullity or 646 SCRA 753 (2011)]. Section 2(a) of A.M. No. 02-11-
annulment of marriage does 10-SC does not preclude a spouse of a subsisting
not apply if the reason behind marriage to question the validity of a subsequent
the petition is bigamy. marriage on the ground of bigamy. On the contrary,
The husband or the wife of the when Section 2(a) states that “ a petition for
prior subsisting marriage is the declaration of absolute nullity of void marriage may
one who has the personality to be filed solely by the husband or the wife” — it refers
file a petition for declaration to the husband or the wife of the subsisting marriage.
of absolute nullity of void Under Article 35(4) of the Family Code, bigamous
marriage under Section 2(a) of marriages are void from the beginning. Thus, the
A.M. No. 02-11-10-SC. [Fujiki v. parties in a A petition for declaration of absolute
Marinay, 700 SCRA 69 (2013)] nullity of void marriage may be filed solely by the
(PROBABLE BAR QUESTION) husband or the wife, if the marriage is covered by
A.M. No. 02-11-10-SC. However, the rule in A.M. No.
02-11-10-SC that only the husband or wife can file a
declaration of nullity or annulment of marriage does
 In Braza v. The City Civil Registrar of Himamaylan not apply if the reason behind the petition is bigamy
City, Negros Occidental [G.R. No. 181174, 4 bigamous marriage are neither the husband nor the
December 2009, 607 SCRA 638], the Court ruled that wife under the law. The husband or the wife of the
the trial court has no jurisdiction to nullify marriages prior subsisting marriage is the one who has the
in a special proceeding for cancellation or correction personality to file a petition for declaration of
of entry under Rule 108 of the Rules of Court. Since absolute nullity of void marriage under Section 2(a) of
the cause of action is actually to seek the declaration A.M. No. 02-11-10-SC. [Fujiki v. Marinay, 700 SCRA 69
of the second marriage as void for being bigamous (2013)]
and impugn the child’s legitimacy, which causes of Psychological Incapacity
action are governed not by Rule 108 but by A.M. No.
Page 9 of 24
 In Ngo Te v. Yu-Te [G.R. No. 161793, February 13,  Love, though the ideal consideration in a marriage
2009, 579 SCRA 193], the Court revisited the Molina contract, is not the only valid cause for marriage.
guidelines and put into question the applicability of Other considerations, not precluded by law, may
said time-tested guidelines. However, in the validly support a marriage.”
subsequent cases of Ting v. Velez-Ting [G.R. No.
166562, March 31, 2009, 582 SCRA 694.], Suazo v. Decalaration of Presumptive Death
Suazo [G.R. No. 164493, March 10, 2010, 615 SCRA Art. 41. A marriage contracted by any person during
514] and Agraviador v. Agraviador [G.R. 170729, Dec. subsistence of a previous marriage shall be null and void,
8, 2010, 637 SCRA 519], the Court laid to rest any unless before the celebration of the subsequent marriage, the
question regarding the applicability of Molina. prior spouse had been absent for four consecutive years and
 In these cases, it was clarified that Ngo Te did not the spouse present has a well-founded belief that the absent
abandon Molina; far from abandoning Molina, it spouse was already dead. In case of disappearance where
simply suggested the relaxation of its stringent there is danger of death under the circumstances set forth in
requirements. The Court also explained in Suazo that the provisions of Article 391 of the Civil Code, an absence of
Ngo Te merely stands for a more flexible approach in only two years shall be sufficient.
considering petitions for declaration of nullity of
marriages based on psychological incapacity. In the
more recent case of Kalaw v. Fernandez [745 SCRA 1. The prior spouse has been absent for 4 or 2 years;
512 (2015)], however, the Court, in granting the 2. Well-founded belief that the absent spouse is dead;
petition for declaration of nullity of a marriage based  PROBABLE BAR QUESTION In Santos v.
on Article 36, relied heavily on the teachings of Ngo Santos [737 SCRA 637 (2014)], the Court
Te. ruled that a subsequent marriage
Rule of thumb: Deny the petition. Why? It is difficult contracted in bad faith by the spouse
to prove psychological incapacity. In order to present (who knew that the alleged
establish psychological incapacity, it is necessary to absentee spouse is alive), even if it was
determine whether or not it is connected with a contracted after a court declaration of
certain psychological disorder. presumptive death, lacks the requirement of
a well-founded belief that the spouse is
 In Republic v. Romero II, 785 SCRA 164 (2016), it was already dead, and does not validly terminate
held that the fact that the husband married his wife the first marriage. Hence, the subsequent
not out of love, but out of reverence for the latter’s marriage is void for being bigamous under
parents, does not mean that he is psychologically Article 35(4) of the Family Code.
incapacitated in the context of Article 36 of the
 Additionally, the Court ruled that if the
Family Code. Citing Republic v. Albios [707 SCRA 584
presumptively dead spouse has not really
(2013)], the Court held that: “Motives for entering
been absent and the judicial declaration of
into a marriage are varied and complex. The State
presumptive death was obtained by reason
does not and cannot dictate on the kind of life that a
of extrinsic fraud, the proper remedy
couple chooses to lead. Any attempt to regulate their
available to the presumptively dead spouse
lifestyle would go into the realm of their right to
is not the filing of an affidavit of
privacy and would raise serious constitutional
reappearance but an action to annul the
questions. The right to marital privacy allows married
judgment declaring him/her presumptively
couples to structure their marriages in almost any
way they see fit, to live together or live apart, to have
 The law did not define what is meant by
children or no children, to love one another or not,
"well-founded belief." It depends upon the
and so on. Thus, marriages entered into for other
circumstances of each particular case. Its
purposes, limited or otherwise, such as convenience,
determination, so to speak, remains on a
companionship, money, status, and title, provided
caseto- case basis. To be able to comply
that they comply with all the legal requisites, are
with this requirement, the present spouse
equally valid.
Page 10 of 24
must prove that his/her belief was the result insurance policy, even if such designation be stipulated as
of diligent and reasonable efforts and irrevocable; and
inquiries to locate the absent spouse and
that based on these efforts and inquiries, (5) The spouse who contracted the subsequent marriage in
he/she believes that under the bad faith shall be disqualified to inherit from the innocent
circumstances, the absent spouse is already spouse by testate and intestate succession.
dead. It requires exertion of active effort
 In Republic v. Sarenogon, Jr. [783 SCRA 615 (2016)],
(not a mere passive one).
the Court reiterated the rule that a petition for
3. The present spouse wishes to remarry;
certiorari pursuant to Rule 65 of the Rules of Court is
4. Judicial declaration of presumptive death
the proper remedy to challenge a trial court’s
declaration of presumptive death under Article 41 of
 The proper remedy available to the presumptively
The Family Code of the Philippines (Family Code).
dead spouse who has not really been absent is not
the filing of an affidavit of reappearance but an
Effect of Judicial Declaration of Nullity of Marriage
action to annul the judgment declaring him/her
presumptively dead. gr xpn
retroactivity Retroacts to
Effect of bad faith the
Party in bad faith Status of subsequent marriage date of
Spouse present Void ab initio celebration
 Bigamous even if the Status of Illegitimate Legitimate if the
other spouse is in good Children ground is:
faith a. Psychological
Second spouse Perfectly valid marriage incapacity
 Remedy of aggrieved b. Non-
spouse is to file an compliance with
affidavit of Art. 52
reappearance Property 147 or 148 Ground is Art.
Both spouses Void ab initio Relations 40: ACP,
CPG or
Effect of Termination of Subsequent Marriage complete
(1) The children of the subsequent marriage conceived prior separation
to its termination shall be considered legitimate; Donation Revocable at Art. 40: Valid
Propter the EXCEPT if the
(2) The absolute community of property or the conjugal Nuptias instance of the donee
partnership, as the case may be, shall be dissolved and donor spouse was in
liquidated, but if either spouse contracted said marriage in bad faith –
bad faith, his or her share of the net profits of the community revoked by
property or conjugal partnership property shall be forfeited in operation of law
favor of the common children or, if there are none, the Art. 44: Those
children of the guilty spouse by a previous marriage or in made by one
default of children, the innocent spouse; in favor of the
other are
(3) Donations by reason of marriage shall remain valid, except
revoked by
that if the donee contracted the marriage in bad faith, such
operation of law
donations made to said donee are revoked by operation of
Designation If irrevocable, Art. 40:
as Beneficiary the Innocent spouse
(4) The innocent spouse may revoke the designation of the insured cannot may revoke it if
other spouse who acted in bad faith as beneficiary in any
Page 11 of 24
change it the Art. 46. Any of the following circumstances shall constitute
beneficiary fraud referred to in Number 3 of the preceding Article:
spouse acted in
bad faith (1) Non-disclosure of a previous conviction by final judgment
Right to Valid Art. 40: Guilty of the other party of a crime involving moral turpitude;
Inherit spouse is
(2) Concealment by the wife of the fact that at the time of the
disqualified to
marriage, she was pregnant by a man other than her husband;
Art. 44: Those (3) Concealment of sexually transmissible disease, regardless
made by one of its nature, existing at the time of the marriage; or
in favor of the
other are (4) Concealment of drug addiction, habitual alcoholism or
revoked by homosexuality or lesbianism existing at the time of the
operation of law marriage. No other misrepresentation or deceit as to
character, health, rank, fortune or chastity shall constitute
such fraud as will give grounds for action for the annulment of
Voidable marriages marriage. (86a)

Art. 45. A marriage may be annulled for any of the following Art. 47. The action for annulment of marriage must be filed by
causes, existing at the time of the marriage: the following persons and within the periods indicated herein:

(1) That the party in whose behalf it is sought to have the (1) For causes mentioned in number 1 of Article 45 by the
marriage annulled was eighteen years of age or over but party whose parent or guardian did not give his or her
below twenty-one, and the marriage was solemnized without consent, within five years after attaining the age of twenty-
the consent of the parents, guardian or person having one, or by the parent or guardian or person having legal
substitute parental authority over the party, in that order, charge of the minor, at any time before such party has
unless after attaining the age of twenty-one, such party freely reached the age of twenty-one;
cohabited with the other and both lived together as husband
and wife; (2) For causes mentioned in number 2 of Article 45, by the
same spouse, who had no knowledge of the other’s insanity;
2) That either party was of unsound mind, unless such party or by any relative or guardian or person having legal charge of
after coming to reason, freely cohabited with the other as the insane, at any time before the death of either party, or by
husband and wife; the insane spouse during a lucid interval or after regainin
(3) That the consent of either party was obtained by fraud,
unless such party afterwards, with full knowledge of the facts (3) For causes mentioned in number 3 of Article 45, by the
constituting the fraud, freely cohabited with the other as injured party, within five years after the discovery of the
husband and wife; fraud;

(4) That the consent of either party was obtained by force, (4) For causes mentioned in number 4 of Article 45, by the
intimidation or undue influence, unless the same having injured party, within five years from the time the force,
disappeared or ceased, such party thereafter freely cohabited intimidation or undue influence disappeared or ceased;
with the other as husband and wife;
(5) For causes mentioned in number 5 and 6 of Article 45, by
(5) That either party was physically incapable of the injured party, within five years after the marriage.
consummating the marriage with the other, and such
incapacity continues and appears to be incurable; or Doctrine of Triennial Cohabitation: If the wife remains a virgin
after 3 years of cohabitation, the husband will be presumed
(6) That either party was afflicted with a sexually-transmissible impotent.
disease found to be serious and appears to be incurable. (85a)
Effects of Annulment Decree

Page 12 of 24
General Rule Effect of Bad (7) Contracting by the respondent of a subsequent bigamous
Faith marriage, whether in the Philippines or abroad;
Status of Legitimate
Children (8) Sexual infidelity or perversion;
Property Dissolution or Net profits shall (9) Attempt by the respondent against the life of the
Relations liquidation go to: petitioner; or
according a. Common
to ACP or CPG children; (10) Abandonment of petitioner by respondent without
b. Children of justifiable cause for more than one year. For purposes of this
the guilty Article, the term “child” shall include a child by nature or by
spouse by a adoption.
prev marriage
c. Innocent Defenses in Legal Separation
Donation Valid Revoked by (1) Where the aggrieved party has condoned the offense or
Propter operation of act complained of;
Nuptias law
(2) Where the aggrieved party has consented to the
Designation Insured cannot Innocent
commission of the offense or act complained of;
as Beneficiary change if spouse may
irrevocable revoke it (3) Where there is connivance between the parties in the
Right to Spouse in bad commission of the offense or act constituting the ground for
Inherit faith will be legal separation;
disqualified to
inherit by (4) Where both parties have given ground for legal separation;
testate and
(5) Where there is collusion between the parties to obtain
decree of legal separation; or
(6) Where the action is barred by prescription.
Legal Separation
Art. 55. A petition for legal separation may be filed on any of  Connivance Implies an agreement, express or implied,
the following grounds: by both spouses to the ground for legal separation
 Collusion Implies an agreement between the parties:
(1) Repeated physical violence or grossly abusive conduct a. For one of them commit, appear to
directed against the petitioner, a common child, or a child of commit or to be represented as having
the petitioner; committed a matrimonial offense;
b. To suppress evidence of a valid defense
(2) Physical violence or moral pressure to compel the
c. For the purpose of enabling the other
petitioner to change religious or political affiliation;
to obtain a legal separation
(3) Attempt of respondent to corrupt or induce the petitioner,
a common child, or a child of the petitioner, to engage in Effects of Decree of Legal Separation
prostitution, or connivance in such corruption or inducement;
(4) Final judgment sentencing the respondent to General: Right to live separately from each other but
imprisonment of more than six years, even if pardoned; the marriage
bonds shall not be severed
(5) Drug addiction or habitual alcoholism of the respondent; Effect on Guilty
(6) Lesbianism or homosexuality of the respondent;
Property Dissolution or Net profits shall
Relations liquidation go to:
according a. Common
Page 13 of 24
to ACP or CPG children; Remedies
b. Children of
the guilty Sale of a portion of conjugal property
spouse by a Art. 96. The administration and enjoyment of the community
previous property shall belong to both spouses jointly. In case of
marriage disagreement, the husband’s decision shall prevail, subject to
c. Innocent recourse to the court by the wife for proper remedy, which
spouse must be availed of within five years from the date of the
Donation May be revoked Donations contract implementing such decision.
Propter by made by a third
Nuptias the innocent party to In the event that one spouse is incapacitated or otherwise
spouse him/her may be unable to participate in the administration of the common
within 5 years revoked properties, the other spouse may assume sole powers of
Designation Insured cannot Innocent administration. These powers do not include disposition or
as Beneficiary change if spouse may encumbrance without authority of the court or the written
irrevocable revoke it consent of the other spouse. In the absence of such authority
or consent, the disposition or encumbrance shall be void.
Intestate Innocent Disqualified to
However, the transaction shall be construed as a continuing
Succession spouse may inherit
offer on the part of the consenting spouse and the third
inherit from from innocent
person, and may be perfected as a binding contract upon the
guilty spouse
acceptance by the other spouse or authorization by the court
before the offer is withdrawn by either or both offerors.
Testate A disposition Provisions
Succession may already made Q: Anastacio and Flora got married during the
still be made will be revoked effectivity of the Civil Code without any marriage
after by settlement. In 1968, Flora died. In 1978, Anastacio
decree of LS operation of sold his interest in the land which was acquired
law during the marriage to the Spouses Molina, who
Support Obligation of The court may registered the sale several years after the death of
mutual order Anastacio. Is the sale valid?
support ceases him/her to
support the A: The Court ruled that while Article 130 of the Family
innocent Code provides that any disposition involving the
spouse conjugal property without prior liquidation of the
partnership shall be void, this rule does not apply
Property Relations Between the Spouses since the provisions of the Family Code shall be
"without prejudice to vested rights already acquired
ACP CPG in accordance with the Civil Code or other laws."
Commencement 88 107
Composition 91,95 106, 116-120, The Court noted that upon the death of Flora in
123 1968, an implied ordinary co-ownership ensued
Exclusions 91,92 109,113 among Flora’s surviving heirs, including Anastacio,
Charges 94 121,122 with respect to Flora’s share of the conjugal
Administration 96 124 partnership until final liquidation and partition; while
Dissolution 99 126 Anastacio, on the other hand, owned one-half of the
Liquidation 102-104 129-131 original conjugal partnership properties as his share,
but this is an undivided interest. Anastacio, as a co-
Separation De 100 127
owner, had the right to freely sell and dispose of his
undivided interest, but not the interest of his co-
Abandonment 101 128
Page 14 of 24
Consequently, Anastactio’s sale to the spouses 103 in the regime of conjugal partnership of gains) is
Molina without the consent of the other co-owners not necessarily void if said portion has not yet been
was not totally void, for Anastacio’s rights or a allocated by judicial or extrajudicial partition to
portion thereof were thereby effectively transferred, another heir of the deceased spouse. Instead, the
making the spouses Molina a coowner of the subject sale is valid insofar as the ideal share of the selling co-
property to the extent of Anastacio’s interest. This owner/co-heir in the property is concerned but
result conforms with the well-established principle without affecting the ideal shares of the other co-
that the binding force of a contract must be owners. The ruling was reiterated in the 2016 case of
recognized as far as it is legally possible to do so Domingo v. Molina (791 SCRA 47). According to Heirs
(quando res non valet ut ago, valeat quantum valere of Go, Sr., Article 130 will only apply if the death and
potest). The spouses Molina would be a trustee for the sale both occurred during the effectivity of the
the benefit of the co-heirs of Anastacio in respect of Family Code; otherwise, the ruling in said case and in
any portion that might belong to the co-heirs after Domingo will be applicable.
liquidation and partition. [Domingo v. Molina, 791
 In conjugal partnership, when the property is
SCRA47 (2016)]
registered in the name of only one spouse and there
 In Hapitan vs. Sps. Lagradilla [G.R. No. 170004, is no showing as to when the property was acquired
January 13, 2016, 780 SCRA 288], the RTC declared by same spouse, this is an indication that the
the sale of conjugal property (house and lot) of the property belongs exclusively to the said spouse
spouses null and void, which decision was affirmed [Valdez, Jr. vs. CA, 439 SCRA 55 (2004); citing PNB vs.
by the Court of Appeals. Thereafter, the husband CA, 153 SCRA 435 (1987); see also Ruiz vs. CA, 449
entered into an amicable settlement with the other Phil. 419, 431 (2003); Dela Pena vs. Avila, 665 SCRA
parties recognizing the validity of the sale previously 553 (2012)].  When there is no showing as to when
declared void in the court’s decision. Since the the property was acquired, the presumption in favor
husband made the amicable settlement over the of conjugal partnership cannot prevail when the title
wife’s objection, the latter questioned the validity of is in the name of only one spouse and the rights of
said settlement. The Court declared the amicable innocent third parties are involved [Lim vs. Equitable
settlement void. The Court explained that by PCI Bank, 713 SCRA 555 (2014)]. Under Philippine law
agreeing to the validity of the sale, the husband and jurisprudence, if the property is registered in the
disposed of or waived his and the wife's rights over name of one of the spouses, with a description that
the house and lot and such disposal or waiver by the he or she “is married to” the other spouse, the same
husband is not allowed by law. Article 124 of the is merely descriptive of the civil status of the
Family Code requires that any disposition or registered owner [Orient Savings Bank vs. Suzuki, 740
encumbrance of conjugal property must have the SCRA 345 (2014); Calalang-Parulan vs. Calalang-
written consent of the other spouse; otherwise, such Garcia, 725 SCRA 402 (2014) ; Dela Pena vs. Avila,
disposition is void. Further, under Article 89 of the 665 SCRA 553 (2012)]. Note that in numerous cases
Family Code, no waiver of rights, interests, shares, where the Court held that registration of the
and effects of the conjugal partnership of gains property in the name of only one spouse does not
during the marriage can be made except in case of negate the possibility of it being conjugal or
judicial separation of property. Clearly, the wife did community property, there was proof that the
not consent to the husband’s disposing or waiving properties, though registered in the name of only
their rights over the house and lot through the one spouse, were indeed either conjugal or
Amicable Settlement. community properties [Orient Savings Bank vs.
Suzuki, 740 SCRA 345 (2014)].
 In Heirs of Patricio Go, Sr. and Marta Barola vs.
Servacio [657 SCRA 10 (2011)], it was held that the  But even if the property was acquired during the
disposition by sale of a portion of the conjugal marriage, the presumption in favor of conjugality
property by the surviving spouse without the prior cannot be applied with respect to private lands if one
liquidation mandated by Article 130 of the Family of the spouses is an alien for this will be in violation
Code (which is the counterpart provision of Article of Section 7, Article XII of the 1987 Constitution
Page 15 of 24
which prohibits aliens from acquiring private lands in When only one of the parties to a void marriage is in good
the Philippines [Matthews vs. Taylor, G.R. No. 164584 faith, the share of the party in bad faith in the co-ownership
, June 22, 2009]. shall be forfeited in favor of their common children. In case of
default of or waiver by any or all of the common children or
Q: Can the buyer invoke good faith?
their descendants, each vacant share shall belong to the
A: Yes. In the cases of Bautista v. Silva [G.R. No. respective surviving descendants. In the absence of
157434, September 19, 2006, 502 SCRA 334], Ravina descendants, such share shall belong to the innocent party. In
v. Villa Abrille [604 SCRA 120 (2009)], and Aggabao v. all cases, the forfeiture shall take place upon termination of
Parulan, [Aggabao vs. Parulan, G.R. No.165803, Sep. the cohabitation. (144a)
1, 2010], the Court erected a standard to determine
Art. 148. In cases of cohabitation not falling under the
the good faith of the buyers dealing with a seller who
preceding Article, only the properties acquired by both of the
had title to and possession of the land but whose
parties through their actual joint contribution of money,
capacity to sell was restricted, in that the consent of
property, or industry shall be owned by them in common in
the other spouse was required before the
proportion to their respective contributions. In the absence of
conveyance, declaring that in order to prove good
proof to the contrary, their contributions and corresponding
faith in such a situation, the buyers must show that
shares are presumed to be equal. The same rule and
they inquired not only into the title of the seller but
presumption shall apply to joint deposits of money and
also into the sellers capacity to sell. Thus, the buyers
evidences of credit.
of conjugal property must observe two kinds of
requisite diligence, namely: (a) the diligence in If one of the parties is validly married to another, his or her
verifying the validity of the title covering the share in the co-ownership shall accrue to the absolute
property; and (b) the diligence in inquiring into the community or conjugal partnership existing in such valid
authority of the transacting spouse to sell conjugal marriage. If the party who acted in bad faith is not validly
property in behalf of the other spouse. married to another, his or her shall be forfeited in the manner
Property regimes of union without marriage provided in the last paragraph of the preceding Article.

The foregoing rules on forfeiture shall likewise apply even if

Art. 147. When a man and a woman who are capacitated to
both parties are in bad faith
marry each other, live exclusively with each other as husband
and wife without the benefit of marriage or under a void
marriage, their wages and salaries shall be owned by them in
equal shares and the property acquired by both of them 147 148
through their work or industry shall be governed by the rules Requisites There is a In cases of
on co-ownership. marriage, but void cohabitation
on the ground amounting to
In the absence of proof to the contrary, properties acquired
other than absence adultery or
while they lived together shall be presumed to have been
of legal capacity concubinage
obtained by their joint efforts, work or industry, and shall be
and article 40
owned by them in equal shares. For purposes of this Article, a
party who did not participate in the acquisition by the other
or 1. Absence of
party of any property shall be deemed to have contributed
legal capacity
jointly in the acquisition thereof if the former’s efforts
When a man and 2. art 38
consisted in the care and maintenance of the family and of the
woman who are 3. art 35(1)
free to marry each 4. art 35(4)
Neither party can encumber or dispose by acts inter vivos of other exclusively
his or her share in the property acquired during cohabitation cohabitate
and owned in common, without the consent of the other, until
after the termination of their cohabitation. Salaries and EQUAL SHARES NO WORK,

Page 16 of 24
Property Those acquired by Properties title system merely confirms, and does not vest title
Acquired both parties acquired by [Ventura, Jr. vs. Abuda, 708 SCRA 640 (2013)]. The
during through their work both words “married to” preceding the name of a spouse
cohabitation or industry parties through are merely descriptive of the civil status of the
ACTUAL joint registered owner and such words do not prove co-
contributions ownership under Article 148 [Go-Bangayan vs.
Proof Properties There must be Bangayan, Jr., 700 SCRA 702 (2013)].
required acquired are prima proof of actual
facie presumed to contribution Q: A Filipina is married to a foreigner, under a bigamous
have been marriage. Foreigner acquired a property, but had it
obtained through named under the name of the Filipina because of the
joint efforts constitutional prohibition. Who has a right over the
Form of May consist of property?
Contribution efforts in the care
and maintenance A: The foreigner spouse. However, there exists a
of the family constitutional prohibition against alien acquiring lands in
and household the Philippines. Therefore, the property will be escheated
in favor of the State.
 If the subsequent marriage is void by reason of non-
compliance with Article 40 (but the prior marriage is
indeed void ab initio), the property relations of the
parties to the subsequent marriage may either Family Home
absolute community or conjugal partnership of gains, Art. 152. The family home, constituted jointly by the husband
as the case may be, unless the parties agree to a and the wife or by an unmarried head of a family, is the
complete separation of property in a marriage dwelling house where they and their family reside, and the
settlement entered into before the marriage [Diño land on which it is situated.
vs. Diño, 640 SCRA 178 (2011)]. As such, Sec. 19(1) of
Art. 153. The family home is deemed constituted on a house
A.M. No. 02-11-10-SC, which requires the liquidation,
and lot from the time it is occupied as a family residence.
partition and distribution of properties prior to the
From the time of its constitution and so long as any of its
issuance of decree of nullity of the marriage applies
beneficiaries actually resides therein, the family home
only to a void marriage under Article 40 of the Family
continues to be such and is exempt from execution, forced
Code when said rule mentions of “decree of absolute
sale or attachment except as hereinafter provided and to the
nullity” and not to a marriage declared void by
extent of the value allowed by law.
reason of psychological incapacity under Article 36 of
the Family Code. In the latter case, since the Effect GR: It shall be exempt from
applicable property regime is that provided in Article execution
147 of the Family Code, the declaration of nullity can Except:
already be made even without waiting for the a. Non-payment of taxes;
liquidation of the properties of the parties because it b. Debts incurred PRIOR to
is not necessary to liquidate the properties of the the constitution of the
spouses in the same proceeding for declaration of FH;
nullity of marriage. c. Debts secured by
 In Article 148, the fact that the controverted property mortgages on the premises
was titled in the name of the parties to an adulterous before OR after such
relationship is not sufficient proof of co-ownership constitution;
absent evidence of actual contribution in the d. Debts due to laborers,
acquisition of the property [Adriano v. Court of mechanics, architects,
Appeals, 385 Phil. 474, cited in Saguid vs. CA, 403 builders and materialmen
SCRA 678 (2003)]. Registration under the Torrens
Page 17 of 24
and others who have increased actual value exceeds the maximum allowed in
rendered service or furnished Article 157 and results from subsequent voluntary
material for the improvements introduced by the person or persons
construction of the building constituting the family home, by the owner or owners of the
When After FC: Deemed constituted property, or by any of the beneficiaries, the same rule and
on a house and lot procedure shall apply.
from the time it is occupied
At the execution sale, no bid below the value allowed for a
as a family residence
family home shall be considered. The proceeds shall be
applied first to the amount mentioned in Article 157, and then
Before FC: Considered as
to the liabilities under the judgment and the costs. The excess,
family homes by
operation of law and are if any, shall be delivered to the judgment debtor.
prospectively entitled to
 PROBABLE BAR QUESTION If the increase in value of a
the benefits accorded to a
family home is by reason of an involuntary
improvement, like the conversion into a residential
Where a. ACP;
area or the establishment of roads and other
b. CPG;
facilities, the one establishing the family home should
c. Exclusive property of either
not be punished by making his home liable to
spouse with the
creditors [Eulegio v. Bell, Sr., 762 SCRA 103 (2015)].
consent of the other;
 Hence, the family home still enjoys protection from
d. Property of the unmarried
execution, force sale or attachment. If the value of
head of the family
the family home exceeded the maximum amount
Who may a. Jointly by the husband and
because of voluntary improvements by the one
Constitute wife;
establishing the family home, then Article 160 will
b. Unmarried head of the
 To warrant, therefore, the execution sale of the
Effect of Beneficiaries FH will
family home under Article 160, the following facts are
Death survive continue
required to be established: (1) there was an increase
for 10
in its actual value; (2) the increase resulted from
voluntary improvements on the property introduced
There is a FH will by the persons constituting the family home, its
minor continue owners or any of its beneficiaries; and (3) the
beneficiary until he increased actual value exceeded the maximum
becomes allowed under Article 157.
of age
Partition GR: The heirs cannot Paternity and Filiation
partition the Family Home
Except: Compelling reasons  Filiation may either be natural or by adoption.

Legitimate and Illegitimate Children

Art. 160. When a creditor whose claims is not among those
mentioned in Article 155 obtains a judgment in his favor, and
Art. 164. Children conceived or born during the marriage of
he has reasonable grounds to believe that the family home is
the parents are legitimate. Children conceived as a result of
actually worth more than the maximum amount fixed in
artificial insemination of the wife with the sperm of the
Article 157, he may apply to the court which rendered the
husband or that of a donor or both are likewise legitimate
judgment for an order directing the sale of the property under
children of the husband and his wife, provided, that both of
execution. The court shall so order if it finds that the actual
them authorized or ratified such insemination in a written
value of the family home exceeds the maximum amount
instrument executed and signed by them before the birth of
allowed by law as of the time of its constitution. If the

Page 18 of 24
the child. The instrument shall be recorded in the civil registry (1) The record of birth appearing in the civil register or a final
together with the birth certificate of the child. judgment; or
(2) An admission of legitimate filiation in a public document or
These are also legitimate children: a private handwritten instrument and signed by the parent
1. Children conceived as a result of artificial
insemination In the absence of the foregoing evidence, the legitimate
2. Born of voidable marriages before decree of filiation shall be proved by:
(1) The open and continuous possession of the status of a
Art. 165. Children conceived and born outside a valid marriage legitimate child; or
are illegitimate, unless otherwise provided in this Code. (2) Any other means allowed by the Rules of Court and special
laws. (265a, 266a, 267a)
Generally, children of void marriages are illegitimate
children. By way of exception: Art. 173. The action to claim legitimacy may be brought by the
child during his or her lifetime and shall be transmitted to the
1. Conceived or born before judgment of
heirs should the child die during minority or in a state of
annulment or absolute nullity under art 36 has
insanity. In these cases, the heirs shall have a period of five
become final and executor;
years within which to institute the action.
2. Conceived or born of subsequent marriages
under article 53 Art. 174. Legitimate children shall have the right:

Action to Claim Legitimate or Illegitimate Filiation (1) To bear the surnames of the father and the mother, in
conformity with the provisions of the Civil Code on Surnames;
Action to Claim Action to Claim
(2) To receive support from their parents, their ascendants,
Legitimate Filiation Illegitimate Filiation
and in proper cases, their brothers and sisters, in conformity
with the provisions of this Code on Support; and
In both cases, can be proved by the same means,
(3) To be entitled to the legitimate and other successional
under Article 172 and Article 175 in relation to Article
rights granted to them by the Civil Code.
can only be claimed During the lifetime of Art. 175. Illegitimate children may establish their illegitimate
during the lifetime of the child only filiation in the same way and on the same evidence as
child, and even after the legitimate children. The action must be brought within the
death of the alleged What if the father dies? same period specified in Article 173, except when the action is
parent If 172(1), the action may based on the second paragraph of Article 172, in which case
still be filed because it is the action may be brought during the lifetime of the alleged
a voluntary admission of parent.
 It is the rule that if the father did not sign in the birth
If 172(2), it must be filed certificate, the placing of his name by the mother,
during the lifetime of the doctor, register, or other person is incompetent
putative father because evidence of paternity and the Local Civil Registrar is
it is a compulsory devoid of authority to record the paternity of an
recognition of paternity. illegitimate child upon the information of such third
person [Perla v. Baring, 685 SCRA 101 (2012); Salas v.
Matusalem, 705 SCRA 560 (2013)]. The foregoing rule
Proof of Legitimacy does not, however, apply when there is a showing
that the putative father had a hand in the
Art. 172. The filiation of legitimate children is established by preparation of the birth certificate, as when he was
any of the following: the one who went to the Local Civil Registry and gave
all the data about his child’s birth, or who caused the
Page 19 of 24
registration the child’s birth certificate [Arado v. during their first encounter in 1994, the child called
Alcoran, 762 SCRA 37],or who supplied the the alleged father as “Papa” and kissed his hand
information himself about child’s birth, including his while the alleged father hugged him and promised to
paternity [Ilano v. CA, 230 SCRA 242 (1994)]. support him; and (2) that his alleged Aunt treated
 If the birth certificate of the child was registered him as a relative and was good to him during his one-
after the death of the putative father thru “delayed week stay in her place. The Court ruled that such acts
registration,” the same is not a competent proof of cannot be considered as indications of Randy’s open
paternity against the putative father because he was and continuous possession of the status of an
not involved nor had a hand in its preparation [Ara v. illegitimate child under the second paragraph of
Pizarro (2017)] Article 172(1). The Court held that except for that
singular occasion in which they met, there are no
 For a public or private instrument to be considered other acts of the alleged father treating the child as
competent evidence of paternity or filiation, the his son. Neither may paternity be deduced from how
following requisites must concur: (1) There must be a the alleged father’s sister treated the child because in
statement of admission of paternity or filiation; (2) It the mind of the Court, such actuations could have
must be signed by the parent concerned [Salas v. been done due to charity or some other reason.
Matusalem, 705 SCRA 560 (2013); Nepomuceno v.
Lopez, 616 SCRA 145 (2010)] and (3) The admission  In Grande v. Antonio [G.R. No. 206248, Oct. 18, 2014,
must be made personally by the parent himself or 716 SCRA 698], the Court clarified that Article 176 of
herself, not by any brother, sister or relative [Cenido the Family Code, as amended by R.A. No. 9255, gives
v. Apacionado, 318 SCRA 688 (1999)]; otherwise, illegitimate children the right to decide if they want
such recognition is ineffectual [Rivero v. CA,458 SCRA to use the surname of their father or not. It is not the
714]. In the 2016 case of Zoleta-San Agustin v. Sales, father or the mother who is granted by law the right
801 SCRA 683, the Court ruled that the signing thru to dictate the surname of their illegitimate children.
thumbprint is considered sufficient signature for The use of the word "may" in the provision readily
purposes of recognition of paternity. shows that an acknowledged illegitimate child is
under no compulsion to use the surname of his
 PROBABLE BAR QUESTION: In the case of Dela Cruz v. illegitimate father. Hence, a father cannot compel the
Gracia [594 SCRA 648 (2009); reiterated in Aguilar v. use of his surname by his illegitimate children upon
Siasat, 748 SCRA 555 (2015) J. DEL CASTILLO CASE], his recognition of their filiation.
the Court adopted the following rules respecting the
requirement of affixing the signature of the  While Article 176 of the Family Code, as amended,
acknowledging parent in any private handwritten does not explicitly state that the private handwritten
instrument wherein an admission of filiation of a instrument acknowledging the child’s paternity must
legitimate or illegitimate child is made: a) Where the be signed by the putative father, said provision must,
private handwritten instrument is the lone piece of however, be read in conjunction with related
evidence submitted to prove filiation, there should provisions of the Family Code which require that
be strict compliance with the requirement that the recognition by the father must bear his signature,
same must be signed by the acknowledging parent; specifically Articles 172 and 175 of the Family Code.
and Where the private handwritten instrument is That a father who acknowledges paternity of a child
accompanied by other relevant and competent through a written instrument must affix his signature
evidence, it suffices that the claim of filiation therein thereon is clearly implied in Article 176 of the Family
be shown to have been made and handwritten by the Code [Dela Cruz vs. Gracia, G.R. No. 177728, July 31,
acknowledging parent as it is merely corroborative of 2009, 594 SCRA 648].
such other evidence.

PROBABLE BAR QUESTION: If the admission of paternity is

 In Perla v. Baring [685 SCRA 101 (2012)], the child
made in a private handwritten instrument which was not
offered the following testimony to prove his
signed by the father, may the illegitimate child be allowed
illegitimate filiation with the putative father: (1) that
Page 20 of 24
to make use of the father’s surname on the basis of such The presumption that a child conceived or born during a valid
instrument? marriage is legitimate applies only to a situation where the
wife denies the paternity of the husband and not where a
A: In Dela Cruz v. Gracia [G.R. No. 177728, July 31, 2009, child is alleged not to be the child of the couple.
594 SCRA 648], the Court allowed the child to use the
father’s surname on the basis of such private handwritten Q: Can the mother declare against the legitimacy of
instrument considering that there are other evidence to her own child?
prove paternity and filiation. In the same case, the Court
adopted the following rules respecting the requirement of A: No. article 167 of the family code states that the
affixing the signature of the acknowledging parent in any child shall be considered legitimate although the
private handwritten instrument wherein an admission of mother may have declared against its legitimacy or
filiation of a legitimate or illegitimate child is made: (a) may have been sentenced as an adulteress.
Where the private handwritten instrument is the lone
piece of evidence submitted to prove filiation, there should Q: What if the mother declares that the birth
be strict compliance with the requirement that the same certificate of a child is void, will article 167 apply?
must be signed by the acknowledging parent; and (b)
Where the private handwritten instrument is accompanied A: No If the allegation is that the child is not a child of
by other relevant and competent evidence, it suffices that the parents at all, then article 167 will not apply.
the claim of filiation therein be shown to have been made Legitimation
and handwritten by the acknowledging parent as it is
merely corroborative of such other evidence. a. The child is conceived and born outside of

b. At the time of conception, the parents were not

Impugning the Legitimacy of the Child disqualified by any impediment to marry each other,
or were disqualified only because any or both were
The child cannot choose his own filiation. If the husband,
below 18;
presumed to be the father does not impugn the legitimacy of
the child, then the status of the child is fixed and the latter c. The parents got married after the child’s birth;
cannot choose to be the child of his mother’s alleged
paramour. d. The marriage is valid or at least voidable

The general rule is that impugning the legitimacy of child is a Adoption

personal right of the husband which must be made in a direct
 In Grande v. Antonio [716 SCRA 698 (2014), the Court
clarified that Article 176 of the Family Code, as
 While the rule is that a person's legitimacy can only amended by R.A. No. 9255, gives illegitimate children
be questioned in a direct action seasonably filed by the right to decide if they want to use the surname of
the proper party, it was held that such issue may be their father or not. It is not the father or the mother
resolved in an action for annulment of deed of sale who is granted by law the right to dictate the
and cancellation of title with damages since it was surname of their illegitimate children. The use of the
necessary for the purpose of determining the legal word "may" in the provision readily shows that an
rights of the respondents to the subject property and acknowledged illegitimate child is under no
the question of whether the respondents have the compulsion to use the surname of his illegitimate
legal capacity to sue as alleged heirs was among the father. Hence, a father cannot compel the use of his
issues agreed upon by the parties in the pre-trial. surname by his illegitimate children upon his
[Calimag v. Heirs of Silvestra N. Macapaz, 791 SCRA recognition of their filiation. In the same case, the
620 (2016)] Court declared void the provision of the
Implementing Rules and Regulations (IRR) of RA
9255, Office of Civil Registrar General (OCRG)
Administrative Order No. 1, Series of 2004, issued by
Page 21 of 24
the National Statistics Office-Office of the Civil relatives by adoption, there shall be no one left to
Registrar General, which makes it mandatory on the care for minor adopted child if the adopter passed
part of illegitimate children to use the surname of away, hence, the parental authority of the biological
their father upon recognition parent should be deemed to have been restored,
applying by analogy the provisions of Section 20 of
 The Certification Declaring a Child Legally Available the DAA. [Bartolome v. SSS, 740 SCRA 78 (2014)]
for Adoption applies only to surrendered,
abandoned, neglected, and dependent children as  Article 189(3) of the Family Code and Section 18,
mentioned in R.A. No. 9523. Any of the following Article V of RA 8552 (law on adoption) provide that
adoption proceedings in court does not require a the adoptee remains an intestate heir of his/her
Certification Declaring a Child Legally Available for biological parent [Obiter Dictum in In the Matter of
Adoption: (1) adoption of an illegitimate child by any Adoption of Stephanie Naty Astorga Garcia, 454 SCRA
of his/her biological parent; (2) adoption of a child by 541 (2005)]. Also, the biological parents retain their
his/her step-parent; or (3) adoption of a child by a rights of succession to the estate of the adopted child
relative within the fourth degree of consanguinity or pursuant to Article 190(2) of the Family Code [Obiter
affinity. [Sec. 4, IRR of R.A. No. 9523] Dictum in Bartolome v. SSS, 740 SCRA78 (2014)].

 One of the exceptions to the rule of joint adoption by  The law says that the adoption decree “shall be
the spouses is when one spouse seeks to adopt his or effective as of the date the original petition was filed”
her own illegitimate son/daughter. However, the law and that this rule “shall also apply in case the
requires the spouse seeking to adopt his/her petitioner(s) dies before the issuance of the decree of
illegitimate child to first obtain the consent of his/her adoption to protect the interest of the adoptee [Sec.
spouse. This requirement is mandatory according to 13, DAA].” Hence, for purposes that are beneficial to
the case of Castro v. Gregorio [738 SCRA 415 (2014)]. the interest of the adopted child, the latter acquires
According to the Court, in all instances where it the rights that are being enjoyed by legitimate
appears that a spouse attempts to adopt a child out children as of the date of the filing of the petition for
of wedlock, the other spouse and other legitimate adoption and not only at the time of the issuance of
children must be personally notified through the adoption decree. However, no retroactive effect
personal service of summons and it is not enough may be given to the granting of the petition for
that they be deemed notified through constructive adoption for the purpose of imposing a liability upon
service; otherwise, the court does not validly acquire the adopting parents accruing at a time when
jurisdiction over the proceedings and the decision of adopting parents had no actual or physically custody
the court is null and void. over the adopted child [Tamargo v. CA, 209 SCRA 518
 Under the Foster Care Act of 2012 (Sec. 17, R.A. No.
10165), in case adoption of the foster child by the  It must be emphasized that the basis of parental
designated foster parents, the trial custody period liability for the torts of a minor child is the
may be partially waived to the extent of the period relationship existing between the parents and the
equivalent to the period in which the foster child has minor child living with them and over whom, the law
been under the foster care of the foster parents; presumes, the parents exercise supervision and
provided, that a harmonious relationship exists control. Put a little differently, no presumption of
between the foster child, the foster parents, and, parental dereliction on the part of the adopting
where applicable, the foster family. parents may arise if the adopted child is not in fact
subject to their control at the time the tort is
 When the adopter dies during the time that the committed.
adopted is still a minor or incapacitated, the parental
authority of the biological parent is deemed to have  In the case of Castro v. Gregorio [738 SCRA 415
been restored. Considering that adoption is a (2014)], the Court suggested that the remedy of
personal relationship and that there are no collateral annulment of judgment could be resorted to if the
Page 22 of 24
adoption was found to have been obtained passes on to ascendants not only upon default of the
fraudulently, which action must be brought within parents but also for the latter’s inability to provide
four years from discovery of the fraud. sufficient support

Tender-age presumption
 If the child is under the age of seven, the law
presumes that the mother is the best custodian.  Domestic laws on adoption also support the principle
Hence, the law provides that “no child under seven that foundlings are Filipinos. These laws do not
years of age shall be separated from the mother provide that adoption confers citizenship upon the
unless the court finds compelling reasons to order adoptee. Rather, the adoptee must be a Filipino in
otherwise.” This is the so-called “tender-age the first place to be adopted. The most basic of such
presumption [Pablo-Gualberto v. Gualberto, 461 laws is Article 15 of the Civil Code which provides
SCRA 450, 476(2005); Gamboa-Hirsch v. CA, G.R. No. that "[l]aws relating to family rights, duties, status,
174485, July 11, 2007].” In the case of Dacasin v. conditions, legal capacity of persons are binding on
Dacasin [611 SCRA 657 (2010)], the Court held that citizens of the Philippines even though living abroad."
this statutory awarding of sole parental custody to
the mother under the second paragraph of Article  Adoption deals with status, and a Philippine adoption
213 of the Family Code is mandatory and any court will have jurisdiction only if the adoptee is a
agreement to the contrary is void. In this case, the Filipino. [Poe-Llamanzares v. Commission on
Court declared void a compromise agreement Elections, 786 SCRA 1 (2016)]
providing for joint custody of a child below seven
years of age. The Court in Dacasin recognized,  Recent legislation is more direct. R.A. No. 8043
however, the validity of an agreement providing for entitled "An Act Establishing the Rules to Govern the
joint custody if the children are already over seven Inter-Country Adoption of Filipino Children and For
years of age considering the fact that the imposed Other Purposes" (otherwise known as the "Inter-
custodial regime under the second paragraph of Country Adoption Act of 1995"), R.A. No. 8552,
Article 213 is limited in duration, lasting only until the entitled "An Act Establishing the Rules and Policies on
child’s seventh year. the Adoption of Filipino Children and For Other
Purposes" (otherwise known as the Domestic
From the eighth year until the child’s emancipation, Adoption Act of 1998) and this Court's A.M. No. 02-6-
the law gives the separated parents freedom, subject 02-SC or the "Rule on Adoption," all expressly refer to
to the usual contractual limitations, to agree on "Filipino children" and include foundlings as among
custody regimes they see fit to adopt. Filipino children who may be adopted.

 On the contention that Poe-Llamanzares committed
 In Lim v. Lim [604 SCRA 691 (2009)], the a falsehood when she put in the spaces for "born to"
grandparents theorized that their liability to give in her application for repatriation under R.A. No.
support to their legitimate grandchildren is activated 9225 the names of her adoptive parents, the Court
only upon default of parental authority, conceivably ruled that the law allows Poe to state that her
either by its termination or suspension during the adoptive parents were her birth parents as that was
children’s minority. The Court held that neither the what would be stated in her birth certificate anyway.
text of the law nor the teaching of jurisprudence And given the policy of strict confidentiality of
supports this severe constriction of the scope of adoption records, Poe was not obligated to disclose
familial obligation to give support. In the first place, that she was an adoptee. The Court explained: “One
the governing text are the relevant provisions in Title of the effects of adoption is to sever all legal ties
VIII of the Civil Code, as amended, on Support, not between the biological parents and the adoptee,
the provisions in Title IX on Parental Authority. Under except when the biological parent is the spouse of
the law, the obligation to provide legal support the adoptee. Under R.A. No. 8552, petitioner was

Page 23 of 24
also entitled to an amended birth certificate attesting the Civil Code in relation to Article 199 of the
to the fact that the adoptee is the child of the Family Code, and subject the same to those
adopter(s) and which certificate shall not bear any charged with the right and duty to make the
notation that it is an amended issue. That law also proper arrangements to bury the remains of their
requires that [a]ll records, books, and papers relating loved-one
to the adoption cases in the files of the court, the
Department [of Social Welfare and Development], or
any other agency or institution participating in the
adoption proceedings shall be kept strictly
confidential." Hence, she can state that her adoptive
parents were her birth parents. [Poe-Llamanzares v.
Commission on Elections, 786 SCRA 1 (2016)]


Art. 305. The duty and the right to make arrangements for the
funeral of a relative shall be in accordance with the order
established for support, under Article 294. In case of
descendants of the same degree, or of brothers and sisters,
the oldest shall be preferred. In case of ascendants, the
paternal shall have a better right.

Art. 307. The funeral shall be in accordance with the

expressed wishes of the deceased. In the absence of such
expression, his religious beliefs or affiliation shall determine
the funeral rites. In case of doubt, the form of the funeral shall
be decided upon by the person obliged to make arrangements
for the same, after consulting the other members of the

 In Valino vs Adriano (2014) SC ruled that it is

apparent that Article 307 simply seeks to prescribe
the "form of the funeral rites" that should govern
in the burial of the deceased. As thoroughly
explained earlier, the right and duty to make
funeral arrangements reside in the persons
specified in Article 305 in relation to Article 199 of
the Family Code. As Article 307 itself provides, the
wishes of the deceased must be expressly
provided. It cannot be inferred lightly, such as from
the circumstance that Atty. Adriano spent his last
remaining days with Valino. It bears stressing once
more that other than Valino’s claim that Atty.
Adriano wished to be buried at the Valino family
plot, no other evidence was presented to
corroborate it.

In this case, the wishes of the deceased with

respect to his funeral are limited by Article 305 of

Page 24 of 24