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Persons and Family Relations Law | Dean Sta. Maria conclusively been notified of the law even if actually the people or some of the
same have not read them.
o This rule covers:
DISCLAIMER 1. Presidential Decrees and Executive Orders by the president.
2. Administrative Rules and Regulations – if their purpose is to enforce
This document shall not be used as primary reference in or implement an existing law pursuant to a valid legislation.
lieu of the annotated books and reviewers it is based on. 3. City Charters.
o What may not be published:
1. Interpretative regulations.
THE CIVIL CODE OF THE PHILIPPINES 2. Those merely internal in nature – regulates only the personnel of an
administrative agency and not the public.
PRELIMINARY TITLE 3. Letters-of-instruction.
4. Circulars issued by the Monetary Board.
CHAPTER ONE: EFFECT AND APPLICATION OF LAWS o The clause, “unless it is otherwise provided” solely refers to the 15-day period
and not to the requirement of publication.
ART. 1. THIS ACT SHALL BE KNOWN AS THE "CIVIL CODE OF THE PHILIPPINES." o Publication is an indispensable requisite; the absence of which will not render
the law effective. (Nagkakaisang Maralita ng Sitio Masigasig, Inc. v. Military
Shrine Services, 2013)
Ø Main draft of the Civil Code was prepared by the Roxas Code Commission (E.O. 48).
Ø The Roxas Code Commission was composed of:
1. Dr. Jorge C. Bocobo – chairman of the commission. ART. 3. IGNORANCE OF THE LAW EXCUSES NO ONE FROM COMPLIANCE THEREWITH.
2. Judge Guillermo B. Guevarra
3. Dean Pedro Y. Ylagan Ø Ignorantia legis non excusat – ignorance of the law excuses no one.
4. Francisco R. Capistrano Ø When the rules for effectivity of laws are complied with, the public is always put on
5. Dr. Carmelino Alvendia (in lieu of Arturo M. Tolentino) “constructive notice” of the law’s existence and effectivity.
Ø An Act to Ordain and Institute the Civil Code of the Philippines (R.A. 386) was passed on Ø This article applies only to:
January 26, 1949. 1. Mandatory laws; and
Ø The 1950 Civil Code took effect on August 30, 1950. 2. Prohibitory laws.
ART. 2. LAWS SHALL TAKE EFFECT AFTER FIFTEEN DAYS FOLLOWING THE COMPLETION OF ART. 4. LAWS SHALL HAVE NO RETROACTIVE EFFECT, UNLESS THE CONTRARY IS PROVIDED.
THEIR PUBLICATION IN THE OFFICIAL GAZETTE, UNLESS IT IS OTHERWISE PROVIDED. THIS
CODE SHALL TAKE EFFECT ONE YEAR AFTER SUCH PUBLICATION.
Ø General Rule: Statutes are to be construed as having only prospective operation,
o Exception: When the purpose and intention of the legislature to give them a
Ø Amended by President Corazon Aquino’s E.O. 200, allowing publication of laws either in: retrospective effect is expressly declared or is necessarily implied from the
1. Official Gazette; or language used.
2. Newspaper of general circulation – more easily available, has a wide circulation, Ø In case of doubt, the same must be resolved against the retrospective effect.
and comes out regularly. Ø Instances when the law may be given retroactive effect:
Ø Effectivity of laws: 1. When the law expressly provides for retroactivity.
o Rules when there is a different day of effectivity: 2. When the law is curative (remedial).
1. When a statute does not explicitly provide for its effectivity, it shall § In order to cure defects and adding to the means of enforcing existing
have effect only after the expiration of the 15-dy period following the obligations, or make valid that which, before enactment of the remedial
completion of its publication. statute, was invalid.
2. If the law provides for a different period shorter or longer than the 15- § The legislature has the power to pass such acts which do not impair the
day period, then such shorter or longer period will prevail. obligations of contracts nor interfere with vested rights.
3. If the law provides that it shall take effect immediately, it means that 3. When the law is procedural.
it shall take effect immediately after publication with the 15-day period § When a statute deals with procedure only, prima facie, it applies to all
being dispensed with. pending and future actions.
o Publication must be in full or it is not publication at all since its purpose is to 4. When the law is penal in character and favorable to the accused.
inform the public of its contents. (Tañada v. Tuvera, 1986)
1 YAP, K. | ATENEO LAW
§ Does not apply when the subject of a penal statute is a habitual
criminal. ART. 7. LAWS ARE REPEALED ONLY BY SUBSEQUENT ONES, AND THEIR VIOLATION OR NON-
• Habitual delinquent – if within a period of 10 years from the OBSERVANCE SHALL NOT BE EXCUSED BY DISUSE, OR CUSTOM OR PRACTICE TO THE
date of his release or last conviction of the crime of serious CONTRARY.
or less serious physical injuries, robo, hurto, estafa or
falsification, he is found guilty of any said crimes a third time WHEN THE COURTS DECLARED A LAW TO BE INCONSISTENT WITH THE CONSTITUTION, THE
or oftener. (Art. 62, Revised Penal Code (RPC)) FORMER SHALL BE VOID AND THE LATTER SHALL GOVERN.
ART. 5. ACTS EXECUTED AGAINST THE PROVISIONS OF MANDATORY OR PROHIBITORY LAWS ADMINISTRATIVE OR EXECUTIVE ACTS, ORDERS AND REGULATIONS SHALL BE VALID ONLY
SHALL BE VOID, EXCEPT WHEN THE LAW ITSELF AUTHORIZES THEIR VALIDITY. WHEN THEY ARE NOT CONTRARY TO THE LAWS OR THE CONSTITUTION.
Ø Mandatory law – when the omission of which renders the proceeding or acts to which it Ø Repeal – legislative act of abrogating through a subsequent law the effects of a previous
relates generally illegal or void. statute or portions thereof.
o Ex. Prescriptive periods provided by the law for filing particular suits. Ø Repeal may either be:
Ø Prohibitory law – contains positive prohibitions couched in negative terms importing that 1. Expressed – literally declared by a new law, either in:
the act required shall not be done otherwise than designated. (Brehm v. Republic, 1963) § Specific terms – where particular laws and provisions are named and
Ø General Rule: Acts committed in violation of mandatory and prohibitory laws are void. identified and declared to be repealed, or;
o Exception: When the law expressly provides for the validity of acts committed § General terms – where a provision in a new law declares all laws and
in violation of a mandatory or prohibitory provision of a statute, such act shall parts of laws inconsistent therewith to be repealed.
be considered valid and enforceable. 2. Implied – when a new law contains provisions contrary to or inconsistent with
those of a former without expressly repealing them.
ART. 6. RIGHTS MAY BE WAIVED, UNLESS THE WAIVER IS CONTRARY TO LAW, PUBLIC ORDER, § “All laws and parts thereof inconsistent with the provisions of this Act
PUBLIC POLICY, MORALS, OR GOOD CUSTOMS, OR PREJUDICIAL TO A THIRD PERSON WITH A
are hereby repealed or modified accordingly” – predicates the intended
RIGHT RECOGNIZED BY LAW.
repeal upon the condition that substantial conflict must be found in
existing and prior acts. Hence, not an express repeal.
§ Test: Whether the subsequent law encompasses entirely the subject
Ø Waiver – intentional relinquishment of a known right. matter of the former law and they cannot be logically or reasonably
o Elements: reconciled.
1. There is a right; Ø General Rule: A special law, providing for a particular case or class of cases, is not repealed
2. Such right is known; by a subsequent general law.
3. Actual intent to relinquish such right. o Exception: When the intent to repeal or alter is manifest, although the terms of
o Not presumed, but must be clearly and convincingly shown either by: the general law are broad enough to include the cases embraced in the special
1. Express stipulation; or law. (National Power Corporation v. Arca, 1968)
2. Acts admitting no other reasonable explanation. Ø No ordinary statute can override a constitutional provision. (Floresca v. Philex Mining
Ø Ignorance of a material fact negates waiver – waiver cannot be established by a consent Corporation, 1985)
given under a mistake or misapprehension of fact. (Consunji v. CA, 2001) Ø In interpreting statutes, they should be given a meaning that will not bring them in conflict
Ø Waivers cannot be made if they are contrary to law, public order, public policy, morals or with the Constitution. (Noblejas v. Teehankee, 1968)
good customs, or prejudicial to a third person with a right recognized by law. Ø General Rule: Where a portion of a statute is rendered unconstitutional and the remainder
o The preferential rights of tenants under C.A. 539 to purchase a public land cannot valid, the parts will be separated, ad the constitutional portion upheld.
be validly waived, as such was against public policy. (Gongon v. CA, 1970) o Exception: When the parts of the statute are so mutually dependent and
o The law does not consider as valid any agreement to receive less compensation connected, as conditions, considerations, inducements, or compensations for
than the worker is entitled to recover under the law. (Franklin Baker Co. of the each other, as to warrant a belief that the legislature intended them as a whole.
Philippines v. Alillana, 1967) (Lidasan v. COMELEC, 1967)
o The acceptance of benefits such as separation pay and terminal leave benefits Ø Administrative Rules and Regulations are binding on the courts so long as the procedure
would not amount to estoppel or waiver of right of employee to contest his illegal fixed for its promulgation is followed, and its scope is within the statutory authority granted
dismissal. (San Miguel Corporation v. Cruz, 1970) by the legislature. (Victorias Miling Company, Inc. v. Social Security Commission, 1962)
Ø General rule: Rights, protections, and advantages conferred by statutes may be waived. o An administrative agency cannot amend an Act of Congress.
o Exception: When the object of a statute is to promote great public interests,
liberty and morals, it cannot be defeated by any private stipulation. (Griffith v.
New York L. Ins. Co., 1945)
2 YAP, K. | ATENEO LAW
ART. 8. JUDICIAL DECISIONS APPLYING OR INTERPRETING THE LAWS OR THE CONSTITUTION Ø When the law is clear, it must be applied according to its unambiguous provisions.
SHALL FORM A PART OF THE LEGAL SYSTEM OF THE PHILIPPINES.
Construction and interpretation come only after it has been demonstrated that application
is impossible or inadequate without them.
Ø If there is ambiguity in the law, interpretation of the law requires fidelity to the legislative
Ø The courts have the principal function of not only resolving legal controversies but also of purpose.
interpreting and construing vague provisions of law relative to a particular dispute. Ø A literal interpretation is to be rejected if it would be unjust or lead to absurd results. (Bello
Ø Construction – the art or process of discovering and expounding the meaning and intention v. CA, 1974)
of the authors of the law with respect to its application to a given case, where that intention
is rendered doubtful, among others by reason of the fact that the given case is not explicitly ART. 11. CUSTOMS WHICH ARE CONTRARY TO LAW, PUBLIC ORDER OR PUBLIC POLICY SHALL
provided for in the law. (Caltex, Inc. v. Palomar, 1966) NOT BE COUNTENANCED.
Ø Judicial Decisions – although in themselves not laws, assume the same authority as the
statute itself and, until authoritatively abandoned, necessarily become, to the extent that
they are applicable, the criteria which must control the actuations not only of those called ART. 12. A CUSTOM MUST BE PROVED AS A FACT, ACCORDING TO THE RULES OF EVIDENCE.
upon to abide thereby but also those duty-bound to enforce obedience thereto.
o Likewise constitute evidence of what the law means and how it was interpreted
by the courts. Ø Custom – a rule of conduct formed by repetition of acts, uniformly observed (practiced) as
o Judicial decisions of the Supreme Court (SC) are authoritative and precedent- a social rule, legally binding and obligatory.
setting, while those of the inferior courts and the Court of Appeals (CA) are Ø Merely because something is done as a matter of practice (social custom) does not mean
merely persuasive. that courts can rely on the same for purposes of adjudication as a juridical custom.
o General Rule: Deemed part of the law as of the date of its enactment since the o Juridical custom – can supplement statutory law or applied in the absence of such
SC’s application and interpretation merely established the contemporaneous statute.
legislative intent that the construed law purports to carry into effect. (People v. Ø Customs which are contrary to law, public order or public policy shall not be countenanced.
Licera, 1975) Ø A custom, even if proven, cannot prevail over a statutory rule or even a legal rule
§ Exception: When a doctrine of the SC is overruled and a different view enunciated by the Supreme Court. (In the Matter of the Petition for Authority to Continue
is adopted, the new doctrine should be applied prospectively, and use of the Firm name “Ozaeta, Romulo, etc.,” 1979)
should not apply to parties who had relied on the old doctrine and acted
on faith thereof. (People v. Jabinal, 1974) ART. 13. WHEN THE LAWS SPEAK OF YEARS, MONTHS, DAYS OR NIGHTS, IT SHALL BE
Ø Legis interpretation legis vim obtinet – the interpretation placed upon the written law by a UNDERSTOOD THAT YEARS ARE OF THREE HUNDRED SIXTY-FIVE DAYS EACH; MONTHS , OF
competent court has the force of law. THIRTY DAYS; DAYS, OF TWENTY-FOUR HOURS ; AND NIGHTS FROM SUNSET TO SUNRISE.
ART. 9. NO JUDGE OR COURT SHALL DECLINE TO RENDER JUDGMENT BY REASON OF THE IF MONTHS ARE DESIGNATED BY THEIR NAME, THEY SHALL BE COMPUTED BY THE NUMBER OF
SILENCE, OBSCURITY OR INSUFFICIENCY OF THE LAWS. DAYS WHICH THEY RESPECTIVELY HAVE.
IN COMPUTING A PERIOD, THE FIRST DAY SHALL BE EXCLUDED, AND THE LAST DAY INCLUDED.
Ø Judges must not evade performance of their responsibility to dispense justice with the
constitutional precept that no person shall be deprived of life, liberty, and property without
due process of law just because of an apparent non-existence of any law governing a Ø Impliedly repealed by Sec. 31 of the Administrative Code of 1987 (E.O. 292): Legal
particular legal dispute or because the law involved is vague or inadequate. Periods – “Year” shall be understood to be 12 calendar months; “month” of 30 days,
o When the statutes are silent or ambiguous, this is one of those fundamental unless it refers to a specific calendar month in which case it shall be computed according
principles which the courts invoke in order to arrive at a solution that would to the number of days the specific month contains; “day,” to a day of 24 hours and; “night”
respond to the vehement urge of conscience. (In Re: Padilla, 1943) from sunset to sunrise.
Ø Where the conclusions of a judge in his decision are not without logic or reason, he cannot o Calendar month – a month designated in the calendar without regard to the
be said to have been incompetent. (Corpus v. Cabaluna, 1974) number of days it may contain. Counted from the beginning of a certain
Ø The judiciary cannot “legislate,” for legislation is the function of the Congress. However, numbered day up to, but not including, the corresponding numbered day of the
in certain instances, courts “do and must legislate” to fill in the gaps in the law. (Floresca next month. (Ex. 1 month from December 31 is January 31)
v. Philex Mining Corporation, 1985) § If there is not a sufficient number of days in the next month, then up to
and including the last day of that month. (Ex. 1 month from January 31
ART. 10. IN CASE OF DOUBT IN THE INTERPRETATION OR APPLICATION OF LAWS, IT IS shall be February 28 or 29 for leap years)
PRESUMED THAT THE LAWMAKING BODY INTENDED RIGHT AND JUSTICE TO PREVAIL.
o “365 days” to “12 calendar months” clarifies the ambiguity when it comes to leap
years. (Ex. 1 year from March 1, 2015 shall be March 1, 2016 regardless of the
different number of days due to the leap year)
3 YAP, K. | ATENEO LAW
o “First day shall be excluded, and the last day included” (Ex. 20 days from that the national law of the decedent applies, in intestate or testamentary succession, with
February 3 shall be February 23, because February 3 is excluded and February regard to the following:
23 is included) 1. Order of succession;
2. Amount of successional rights;
ART. 14. PENAL LAWS AND THOSE OF PUBLIC SECURITY AND SAFETY SHALL BE OBLIGATORY 3. Intrinsic validity of the provisions of the will; and
UPON ALL WHO LIVE OR SOJOURN IN THE PHILIPPINE TERRITORY, SUBJECT TO THE PRINCIPLES
§ Intrinsic validity – refers to the content.
OF PUBLIC INTERNATIONAL LAW AND TO TREATY STIPULATIONS.
§ Extrinsic validity – refers to the form and other solemnities.
4. Capacity to succeed.
Ø Application of the Principles of Generality and Territoriality of Criminal Law. ART. 17. THE FORMS AND SOLEMNITIES OF CONTRACTS, WILLS, AND OTHER PUBLIC
Ø General Rule: Citizens and foreigners are subject to penal laws and all other laws designed INSTRUMENTS SHALL BE GOVERNED BY THE LAWS OF THE COUNTRY IN WHICH THEY ARE
to maintain public security and safety. EXECUTED.
o Exception: When the Philippine government has waived its criminal jurisdiction
over them no n the basis of the principles of public international law and treaty WHEN THE ACTS REFERRED TO ARE EXECUTED BEFORE THE DIPLOMATIC OR CONSULAR
stipulations. (Ex. Jurisdiction over diplomatic agents, except consuls because OFFICIALS OF THE REPUBLIC OF THE PHILIPPINES IN A FOREIGN COUNTRY, THE SOLEMNITIES
they come only for commercial purposes not diplomatic) ESTABLISHED BY PHILIPPINE LAWS SHALL BE OBSERVED IN THEIR EXECUTION.
Ø Sojourn – temporary stay/visit, no residence required.
PROHIBITIVE LAWS CONCERNING PERSONS, THEIR ACTS OR PROPERTY, AND THOSE WHICH
ART. 15. LAWS RELATING TO FAMILY RIGHTS AND DUTIES, OR TO THE STATUS, CONDITION HAVE, FOR THEIR OBJECT, PUBLIC ORDER, PUBLIC POLICY AND GOOD CUSTOMS SHALL NOT BE
AND LEGAL CAPACITY OF PERSONS ARE BINDING UPON CITIZENS OF THE PHILIPPINES, EVEN RENDERED INEFFECTIVE BY LAWS OR JUDGMENTS PROMULGATED, OR BY DETERMINATIONS OR
THOUGH LIVING ABROAD. CONVENTIONS AGREED UPON IN A FOREIGN COUNTRY.
Ø Nationality rule – regardless of where a citizen of the Philippines might be, he or she will Ø For extrinsic validity forms and solemnities of public instruments, wills, and contracts shall
be governed by Philippine laws with respect to his or her family rights and duties, or to his be governed by the laws of the country where they are executed.
or her status, condition, and legal capacity. Ø Since diplomatic and consular officials are representatives of the Philippines, any act or
Ø Hence, if a Filipino citizen abroad, regardless of whether he or she was married here or contract made in a foreign country before them must conform to the solemnities under
abroad, successfully acquires an absolute divorce from his wife or husband, the Philippines Philippine law.
will not recognize such absolute divorce because the only moment when absolute divorce o This is so because the host country where such officials are assigned, by rules of
may be recognized is when it is the alien spouse who procures such divorce decree. international law, waives its jurisdiction over the premises of the diplomatic
Ø Where a Filipino procures absolute divorce abroad, his status in the Philippines shall still office of another country located in the said host country. (Ex. US Embassy is
be married, hence he commits concubinage if he marries again thereafter. (Tenchaves v. under the jurisdiction of US laws)
Escaño, 1965) Ø Prohibitive laws concerning persons, their acts or property, and those which have for their
object public order, public policy and good customs shall not be rendered ineffective by
ART. 16. REAL PROPERTY AS WELL AS PERSONAL PROPERTY IS SUBJECT TO THE LAW OF THE laws, or judgments promulgated, or by determinations or conventions agreed upon in a
COUNTRY WHERE IT IS STIPULATED. foreign country.
o In a case where a Filipina wife obtained a divorce abroad and later remarried an
HOWEVER, INTESTATE AND TESTAMENTARY SUCCESSIONS, BOTH WITH RESPECT TO THE American, the Filipino husband in the Philippines can file a legal separation case
ORDER OF SUCCESSION AND TO THE AMOUNT OF SUCCESSIONAL RIGHTS AND TO THE INTRINSIC against the wife for having technically committed adultery, considering that the
VALIDITY OF TESTAMENTARY PROVISIONS, SHALL BE REGULATED BY THE NATIONAL LAW OF absolute divorce is not recognized in the Philippines. (Tenchaves v. Escaño,
THE PERSON WHOSE SUCCESSION IS UNDER CONSIDERATION, WHATEVER MAY BE THE NATURE 1965)
OF THE PROPERTY AND REGARDLESS OF THE COUNTRY WHEREIN SAID PROPERTY MAY BE
FOUND. ART. 18. IN MATTERS WHICH ARE GOVERNED BY THE CODE OF COMMERCE AND SPECIAL
LAWS, THEIR DEFICIENCY SHALL BE SUPPLIED BY THE PROVISIONS OF THIS CODE.
Ø Where a citizen of Turkey made a last will and testament providing that his property shall
be disposed of pursuant to Philippine laws, the SC ruled that such provision is illegal and Ø Suppletory nature – any deficiency in the Code of Commerce or special laws shall be
void because the national law should govern successional rights. (Miciano v. Brimo, 1924) supplied by the provisions of the Civil Code.
Ø Where a foreigner executed a will in the Philippines but who, at the time of his death, was
both a national of the United States and also domiciled in the United States, the SC ruled CHAPTER TWO: HUMAN RELATIONS
Ø Commonly referred to as the principle of “abuse of rights.” ART. 22. EVERY PERSON WHO THROUGH AN ACT OF PERFORMANCE BY ANOTHER, OR ANY
o Elements: OTHER MEANS, ACQUIRES OR COMES INTO POSSESSION OF SOMETHING AT THE EXPENSE OF THE
1. Legal right or duty; LATTER WITHOUT JUST OR LEGAL GROUND, SHALL RETURN THE SAME TO HIM.
2. Exercised in bad faith; and
3. Sole intent of prejudicing or injuring another.
Ø Sets the following standards in the exercise of one’s rights and in the performance of one’s Ø The concept of this article is the prevention of unjust enrichment.
duties: o Unjust enrichment – when a person unfairly gets a benefit by chance, mistake or
1. To act with justice; another's misfortune for which the one enriched has not paid or worked and
2. To give everyone his due; and morally and ethically should not keep.
3. To observe honesty and good faith. Ø Nemo cum alterious detriment locupletari potest – no one shall enrich himself at the
Ø A “legal wrong” is committed when a right is exercised in a manner which does not expense of another.
conform with the norms enshrined in Art. 19 and results in damage to another, for which
the wrongdoer must be held responsible. ART. 23. EVEN WHEN AN ACT OR EVENT CAUSING DAMAGE TO ANOTHER'S PROPERTY WAS
NOT DUE TO THE FAULT OR NEGLIGENCE OF THE DEFENDANT, THE LATTER SHALL BE LIABLE
ART. 20. EVERY PERSON WHO, CONTRARY TO LAW, WILFULLY OR NEGLIGENTLY CAUSES FOR INDEMNITY IF THROUGH THE ACT OR EVENT HE WAS BENEFITED.
DAMAGE TO ANOTHER, SHALL INDEMNIFY THE LATTER FOR THE SAME.
Ø Ex. Without A’s knowledge, a flood drives his cattle to the cultivated highland of B. A’s
Ø Good faith is presumed, and he who alleges bad faith has the duty to prove the same. cattle are saved, but B’s crop is destroyed.
o Good faith – the state of mind which is manifested by the acts of the individual o A was benefited because the cattle were saved by B’s highland. Thus, although
concerned, consisting of the intention to abstain from taking an unconscionable A was not at fault, it is right and equitable that he should indemnify B.
and unscrupulous advantage of another.
o Bad faith – a breach of known duty due to some motives or interests or ill-will
that partakes of the nature of fraud; conscious doing of a wrong.
§ Malice – connotes ill-will or spite and speaks not in response to duty; ART. 24. IN ALL CONTRACTUAL, PROPERTY OR OTHER RELATIONS, WHEN ONE OF THE PARTIES
intention to do ulterior and unjustifiable harm. IS AT A DISADVANTAGE ON ACCOUNT OF HIS MORAL DEPENDENCE, IGNORANCE, INDIGENCE,
Ø This article contains a “general sanction” (to indemnify) for all other provisions of law MENTAL WEAKNESS, TENDER AGE OR OTHER HANDICAP, THE COURTS MUST BE VIGILANT FOR
which do not especially provide their own sanction. HIS PROTECTION.
Ø Compared to Arts. 19 and 21, acts falling under this article may be done either willfully or
negligently.
o Negligence – omission of the amount of due diligence required. Ø Court vigilance – the courts must render justice and must therefore be very vigilant in
protecting the rights of the disadvantaged with the end view that any decision will be in
ART. 21. ANY PERSON WHO WILFULLY CAUSES LOSS OR INJURY TO ANOTHER IN A MANNER consonance with what is right and legal.
THAT IS CONTRARY TO MORALS, GOOD CUSTOMS OR PUBLIC POLICY SHALL COMPENSATE THE
Ø Pleadings as well as remedial laws should be construed liberally in order that the litigants
LATTER FOR THE DAMAGE.
may have ample opportunity to their respective claims and that a possible denial of
substantial justice due to legal technicalities may be avoided. (De Lima v. Laguna Tayabas
Company, 1988)
Ø Designed to fill in the countless gaps in the statutes, which leave so many victims of moral o In this case, the heirs of the pauper victims in the traffic accident chose not to
wrongs helpless, even though they have actually suffered material and moral injury. appeal in the hope that the transportation company will pay the damages awarded
Ø Deals with acts contra bonus mores (against good morals). by the lower court, but unfortunately said company still appealed to the CA,
o Elements: which was obviously dilatory and oppressive of the rights of said claimants.
1. Legal act;
2. Contrary to morals, good customs, public order, or public policy; ART. 25. THOUGHTLESS EXTRAVAGANCE IN EXPENSES FOR PLEASURE OR DISPLAY DURING A
3. Intent to injure. PERIOD OF ACUTE PUBLIC WANT OR EMERGENCY MAY BE STOPPED BY ORDER OF THE COURTS
Ø A mere breach of promise to marry is not an actionable wrong. (Wassmer v. Velez, 1964) AT THE INSTANCE OF ANY GOVERNMENT OR PRIVATE CHARITABLE INSTITUTION.
ART. 29. WHEN THE ACCUSED IN A CRIMINAL PROSECUTION IS ACQUITTED ON THE GROUND
Ø This article is referred to as the “home wrecker statute.” THAT HIS GUILT HAS NOT BEEN PROVED BEYOND REASONABLE DOUBT, A CIVIL ACTION FOR
Ø Includes the following acts and those similar: DAMAGES FOR THE SAME ACT OR OMISSION MAY BE INSTITUTED. SUCH ACTION REQUIRES
1. Prying into the privacy of another’s residence ONLY A PREPONDERANCE OF EVIDENCE. UPON MOTION OF THE DEFENDANT, THE COURT MAY
§ The privacy of one’s home is an inviolable right. Yet, during the time REQUIRE THE PLAINTIFF TO FILE A BOND TO ANSWER FOR DAMAGES IN CASE THE COMPLAINT
1947 Civil Code Commission, the laws in force did not squarely and SHOULD BE FOUND TO BE MALICIOUS.
effectively protect such right.
2. Meddling with or disturbing the private life or family relations of another IF IN A CRIMINAL CASE THE JUDGMENT OF ACQUITTAL IS BASED UPON REASONABLE DOUBT,
§ Alienation of the affection of another’s wife or husband, unless it THE COURT SHALL SO DECLARE. IN THE ABSENCE OF ANY DECLARATION TO THAT EFFECT, IT
constitutes adultery or concubinage, is not condemned by the law, MAY BE INFERRED FROM THE TEXT OF THE DECISION WHETHER OR NOT THE ACQUITTAL IS DUE
much as it may shock society. TO THAT GROUND.
§ This seeks to sanction the meddling of so-called friends who poison
the mind of one or more members of the family against the other
members. Ø Quantum of evidence:
3. Intriguing to cause another to be alienated from his friends 1. Proof beyond reasonable doubt – criminal cases – that amount of proof which
§ Similar with the previous number. forms an abiding moral certainty that the accused committed the crime charged.
4. Vexing or humiliating another on account of his religious beliefs, lowly station 2. Preponderance of evidence – civil cases – the evidence adduced by one side
in life, place of birth, physical defect, or other personal condition outweighs that of the adverse party.
§ Social equality is not sought by the legal provision under 3. Substantial evidence – procedural and administrative cases – such relevant
consideration, but due regard for decency and propriety. evidence as a reasonable mind might accept as adequate to support a conclusion.
§ Vexing – harsh or critical statements about someone. Ø The fact that the guilt was not proven beyond reasonable doubt must be expressly stated in
the criminal decision.
ART. 27. ANY PERSON SUFFERING MATERIAL OR MORAL LOSS BECAUSE A PUBLIC SERVANT OR o Thereafter, a separate civil action for damages may be instituted.
EMPLOYEE REFUSES OR NEGLECTS, WITHOUT JUST CAUSE, TO PERFORM HIS OFFICIAL DUTY
MAY FILE AN ACTION FOR DAMAGES AND OTHER RELIEF AGAINST HE LATTER, WITHOUT ART. 30. WHEN A SEPARATE CIVIL ACTION IS BROUGHT TO DEMAND CIVIL LIABILITY ARISING
PREJUDICE TO ANY DISCIPLINARY ADMINISTRATIVE ACTION THAT MAY BE TAKEN. FROM A CRIMINAL OFFENSE, AND NO CRIMINAL PROCEEDINGS ARE INSTITUTED DURING THE
PENDENCY OF THE CIVIL CASE, A PREPONDERANCE OF EVIDENCE SHALL LIKEWISE BE
SUFFICIENT TO PROVE THE ACT COMPLAINED OF.
Ø Elements:
1. Public officer;
2. Refusal to assist; Ø Even if the civil obligation arose from a criminal offense, the required quantum of evidence
3. No justifiable reason; and in a civil suit to claim such civil obligation is merely preponderance of evidence.
4. Damage suffered.
IN ANY OF THE CASES REFERRED TO IN THIS ARTICLE, WHETHER OR NOT THE DEFENDANT'S
Ø This article seeks to give an aggrieved party a remedy and a cause of action for injuries ACT OR OMISSION CONSTITUTES A CRIMINAL OFFENSE, THE AGGRIEVE D PARTY HAS A RIGHT
which do not necessarily arise from the commission of a crime. (Ex. Quasi-delicts in Arts. TO COMMENCE AN ENTIRELY SEPARATE AND DISTINCT CIVIL ACTION FOR DAMAGES, AND FOR
2176-2194 of the Civil Code) OTHER RELIEF. SUCH CIVIL ACTION SHALL PROCEED INDEPENDENTLY OF ANY CRIMINAL
Ø Applies to: PROSECUTION (IF THE LATTER BE INSTITUTED), AND MAY BE PROVED BY A PREPONDERANCE
o Culpa aquiliana – quasi-delict. OF EVIDENCE.
o Culpa contractual – violation of the contract resulting to damages. (Ex. bus
driver falls off a deep precipice, driver acquitted in criminal case, but liable for THE INDEMNITY SHALL INCLUDE MORAL DAMAGES. EXEMPLARY DAMAGES MAY ALSO BE
civil damages for failure to carry the passengers safely to their destination) ADJUDICATED.
Ø It does not provide for an independent civil action.
o Independent civil action – when the civil action is based on an obligation not THE RESPONSIBILITY HEREIN SET FORTH IS NOT DEMANDABLE FROM A JUDGE UNLESS HIS ACT
arising from the act or omission complained of as a felony. OR OMISSION CONSTITUTES A VIOLATION OF THE PENAL CODE OR OTHER PENAL STATUTE.
ART. 32. ANY PUBLIC OFFICER OR EMPLOYEE, OR ANY PRIVATE INDIVIDUAL, WHO DIRECTLY
OR INDIRECTLY OBSTRUCTS, DEFEATS , VIOLATES OR IN ANY MANNER IMPEDES OR IMPAIRS
Ø Elements of a cause of action:
ANY OF THE FOLLOWING RIGHTS AND LIBERTIES OF ANOTHER PERSON SHALL BE LIABLE TO
1. Right in favor of the plaintiff;
THE LATTER FOR DAMAGES :
2. Obligation on the part of the named defendant to respect or not to violate such
right; and
(1) FREEDOM OF RELIGION; 3. Act or omission on the part of such defendant violative of the right of the plaintiff
(2) FREEDOM OF SPEECH; or constituting a breach of the obligation of defendant to plaintiff.
(3) FREEDOM TO WRITE FOR THE PRESS OR TO MAINTAIN A PERIODICAL PUBLICATION; Ø Reasons why a separate civil action for violations of civil liberties is essential to the
(4) FREEDOM FROM ARBITRARY OR ILLEGAL DETENTION; effective maintenance of democracy:
(5) FREEDOM OF SUFFRAGE; 1. In most cases, the threat to freedom originates from abuses of power of
(6) THE RIGHT AGAINST DEPRIVATION OF PROPERTY WITHOUT DUE PROCESS OF LAW; government officials and peace officers. However, prosecutors would fail to file
(7) THE RIGHT TO A JUST COMPENSATION WHEN PRIVATE PROPERTY IS TAKEN FOR PUBLIC criminal actions because evidence was insufficient, or because the official is of
USE;
a higher rank.
(8) THE RIGHT TO THE EQUAL PROTECTION OF THE LAWS; 2. Even when the prosecutor filed a criminal action, the requirement of proof
(9) THE RIGHT TO BE SECURE IN ONE'S PERSON, HOUSE, PAPERS, AND EFFECTS AGAINST beyond reasonable doubt often prevented the appropriate punishment.
UNREASONABLE SEARCHES AND SEIZURES;
3. Direct and open violations of the RPC trampling upon the freedoms named are
(10) THE LIBERTY OF ABODE AND OF CHANGING THE SAME; not so frequent as those subtle, clever, and indirect ways which do not come
(11) THE PRIVACY OF COMMUNICATION AND CORRESPONDENCE; within the ambit of the penal law.
(12) THE RIGHT TO BECOME A MEMBER OF ASSOCIATIONS OR SOCIETIES FOR PURPOSES NOT Ø Good faith is not a defense because to be liable under Art. 32, it is enough that there was a
CONTRARY TO LAW;
violation of a constitutional right. (Lim v. Ponce de Leon, 1975)
(13) THE RIGHT TO TAKE PART IN A PEACEABLE ASSEMBLY TO PETITION THE GOVERNMENT Ø The responsibility of judges herein is not demandable unless his act or omission constitutes
FOR REDRESS OF GRIEVANCES;
a violation of the RPC or other penal statute.
(14) THE RIGHT TO BE FREE FROM INVOLUNTARY SERVITUDE IN ANY FORM; o Judges cannot be subjected to any liability for any of their official acts, no matter
(15) THE RIGHT OF THE ACCUSED AGAINST EXCESSIVE BAIL; how erroneous, so long as they act in good faith. (Esguerra v. Gonzales-Asdala,
(16) THE RIGHT OF THE ACCUSED TO BE HEARD BY HIMSELF AND COUNSEL, TO BE INFORMED 2004)
OF THE NATURE AND CAUSE OF THE ACCUSATION AGAINST HIM, TO HAVE A SPEEDY AND
PUBLIC TRIAL, TO MEET THE WITNESSES FACE TO FACE, AND TO HAVE COMPULSORY PROCESS
TO SECURE THE ATTENDANCE OF WITNESS IN HIS BEHALF;
(17) FREEDOM FROM BEING COMPELLED TO BE A WITNESS AGAINST ONE'S SELF, OR FROM
BEING FORCED TO CONFESS GUILT, OR FROM BEING INDUCED BY A PROMISE OF IMMUNITY OR
REWARD TO MAKE SUCH CONFESSION, EXCEPT WHEN THE PERSON CONFESSING BECOMES A
STATE WITNESS;
Ø This article specifically applies only to persons who are called to succeed each other.
Ø Amended by the “Child and Youth Welfare Code” (P.D. 603): The civil personality of the Ø General Rule: The proof of death must be established by positive evidence.
child shall commence from the time of his conception for all purposes favorable to him, o Exception: However, it can likewise be established by circumstantial evidence
subject to the requirements of Art. 41 of the Civil Code. derived from facts.
o Conception – the process of becoming pregnant involving fertilization or Ø If ever an inference is to be made, it must be derived from an existing fact.
implantation or both: embryo, fetus. o Proof of death can never be established from mere inference arising from another
inference or from presumptions and assumptions.
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 WOMB. HOWEVER, IF THE FETUS HAD AN
CHAPTER THREE: JURIDICAL PERSONS
INTRA-UTERINE LIFE OF LESS THAN SEVEN MONTHS, IT IS NOT DEEMED BORN IF IT DIES WITHIN
TWENTY-FOUR HOURS AFTER ITS COMPLETE DELIVERY FROM THE MATERNAL WOMB. ART. 44. THE FOLLOWING ARE JURIDICAL PERSONS:
ART. 46. JURIDICAL PERSONS MAY ACQUIRE AND POSSESS PROPERTY OF ALL KINDS, AS WELL Ø The dissolution of private corporations is governed y Title IV of the Corporation Code.
AS INCUR OBLIGATIONS AND BRING CIVIL OR CRIMINAL ACTIONS, IN CONFORMITY WITH THE
Ø For those created through special charters, their dissolution shall be governed in accordance
LAWS AND REGULATIONS OF THEIR ORGANIZATION.
with the provisions of their respective charters, and in absence of such, the Corporation
Code shall apply suppletorily.
Ø The dissolution of partnerships shall be governed by Title IX, Chapter 3 of the New Civil
Ø Juridical person – a being of legal existence susceptible of rights and obligations, or of Code.
being the subject of juridical relations.
Ø The following are juridical persons: TITLE TWO: CITIZENSHIP AND DOMICILE
1. State – a sovereign person with the people composing it viewed as an organized ARTS. 48-51
corporate society under a government with the legal competence to exact
obedience of its commands. [Skipped Citizenship and Domicile because it will be taken up in Constitutional Law II]
§ In default of persons entitled to succeed to the estate of a deceased
person, the State shall inherit his whole estate. (Art. 1011, New Civil Ø Domicile – denotes a fixed permanent residence to which, when absent, one has the
Code) intention of returning.
2. Political subdivisions – municipal corporations and, in the Philippines, consist of o Elements of Change in Domicile:
the provinces, cities and municipalities. 1. Actual removal or an actual change of domicile;
§ Two-fold function of municipal corporations: 2. Bona fide intention of abandoning the former place of residence and
1. Exercise the right springing from sovereignty (public establishing a new one; and
agency) – their acts are political and governmental. 3. Acts which correspond with the purpose.
2. Exercise a private, proprietary or corporate right, arising Ø Residence – used to indicate a place of abode, whether permanent or temporary.
from their existence as legal persons and not as public Ø Modes of acquiring citizenship:
agencies. 1. Jus sanguinis – by blood. (Ex. Those born of Filipino fathers and mothers are
3. Corporations – artificial beings created by operation of law, having the right of Philippine citizens)
succession and the powers, attributes, and properties expressly authorized by law 2. Jus soli – by location. (Ex. Those born in the United States, regardless of lineage,
or incident to its existence. (Sec. 2, B.P. 68 – Corporation Code of the are American citizens)
Philippines) § Those born in extensions such as foreign embassies are considered
§ Governed either by: citizens of such foreign country, if the latter adopts the principle of jus
1. The general law on corporations (Corporation Code of the soli.
Philippines); or 3. Naturalization – by legal process.
2. Their special charters. Ø Loss of Philippine citizenship:
§ Have no feelings, and therefor cannot sue nor be sued for moral 1. Naturalization in a foreign country;
damages. 2. Express renunciation;
4. Partnerships – when two or more persons bind themselves to contribute money, 3. Subscribing to an oath of allegiance to support the constitution or laws of a
property, or industry to a common fund, with the intention of dividing the profits foreign country upon attaining 21 years of age or more;
among themselves. (Art. 1767, New Civil Code) 4. Rending service to the armed forces of a foreign country;
Ø Doctrine of piercing the veil of corporate fiction – although corporations, partnerships, and 5. Cancellation of certificate of naturalization;
associations have separate and distinct personalities from their officers and members, such 6. Deserter of the Philippine armed forces, when declared by competent authority;
cannot be used by the latter as a veil of immunity from suit for fraudulent acts, making 7. When a woman, upon marriage to a foreigner, acquires her husband’s nationality
them liable for any liability of the corporation. by virtue of the foreign law.
Ø Reacquisition may be made through naturalization, repatriation, or direct act of the
Congress of the Philippines.
IN CASE OF A MARRIAGE IN ARTICULO MORTIS, WHEN THE PARTY AT THE POINT OF DEATH IS
ART. 4. THE ABSENCE OF ANY OF THE ESSENTIAL OR FORMAL REQUISITES SHALL RENDER THE UNABLE TO SIGN THE MARRIAGE CERTIFICATE, IT SHALL BE SUFFICIENT FOR ONE OF THE
MARRIAGE VOID AB INITIO, EXCEPT AS STATED IN ARTICLE 35 (2).
WITNESSES TO THE MARRIAGE TO WRITE THE NAME OF SAID PARTY, WHICH FACT SHALL BE
ATTESTED BY THE SOLEMNIZING OFFICER.
A DEFECT IN ANY OF THE ESSENTIAL REQUISITES SHALL NOT AFFECT THE VALIDITY OF THE
MARRIAGE BUT THE PARTY OR PARTIES RESPONSIBLE FOR THE IRREGULARITY SHALL BE
CIVILLY, CRIMINALLY AND ADMINISTRATIVELY LIABLE. Ø The Family Code only recognizes ceremonial marriages – those which are solemnized by
persons duly authorized by the state.
Ø The Family Code does not generally prescribe any particular form of a marriage ceremony.
Ø Rules on absence, defect, and irregularity: o The minimum requirements imposed by law are:
1. Absence of any of the essential or formal requirements of a marriage renders 1. Contracting parties appear personally before the solemnizing officer;
such marriage null and void. 2. Declare that they take each other as husband and wife in the present of
2. Defects in the essential requirements of marriage make the marriage merely at least 2 witnesses of legal age.
annullable or voidable. § The exchange of vows can be presumed to have been made
3. Irregularities in the formal requisites do not affect the validity of the marriage. from the testimonies of the witnesses who state that a
§ Except when the contracting parties 18 years or over but below 21 did wedding took place. (Balogbog v. CA, 1997)
not obtain the consent of their parents a s provided for in Art. 14.
Ø Marriage by way of a jest (joke or amusement) is void because there is absolutely no
genuine consent on the part of both contracting parties.
o Mere words, without any intention corresponding to them, will not make a
marriage or any other civil contract xxx It must be clearly shown that both parties
intended and understood that they were not to have effect. (McClurg v. Terry,
1870)
Ø In case of any impediment known to the LCR or brought to his attention, he shall merely
note down the particulars thereof and his finding thereon in the application for a marriage Ø Rules to remember:
license. o If both contracting parties are foreigners and they intend to have their marriage
o He is still duty bound to issue said license after payment of the necessary fess, solemnized in the Philippines, they have to secure a marriage license in the
unless exempted due to indigence, after the completion of the period of Philippines.
publication, or after a period of 3 months from the completion of such publication § A certificate of legal capacity – issued by their respective diplomatic
when either parental advice or marriage counseling was not obtained. or consular officials – is an necessary requisite as to foreigners because
Ø The purpose of this article is to eliminate any opportunity for extortion (gross overcharge). the Philippines, insofar as marriage is concerned, adheres to the
Ø Only court intervention directing the non-issuance of the marriage license can empower national law of the contracting parties with respect to their legal
the LCR to validly refuse to issue said license. capacity to contract marriage.
o Such court action may be brought about by the: • This is an exception to the general rule that the LCR must
1. LCR himself; or nevertheless issue the marriage license.
2. Any interested party – contracting parties’ parents, siblings, existing • However, if the marriage is still celebrated, such will still be
spouse, or those which may be prejudiced by the marriage. considered valid as this is merely an irregularity in
o No filing fee shall be charged for the petition nor a corresponding bond required complying with a formal requirement of the law in procuring
for the issuance of the order. a marriage license.
o If despite such injunction, the LCR still issues a marriage license and a marriage o If they are stateless persons or refugees, they shall be required to file an affidavit
is solemnized, the validity of the marriage shall not be affected by the violation stating the circumstances showing such capacity to contract marriage in lieu of
of the injunction. the certificate of legal capacity.
§ The party or parties responsible for the irregularity shall be civilly, o If both contracting parties are foreigners, and they desire to have their marriage
criminally and administratively liable. solemnized by their country’s consul-general officially assigned in the
• Influencing parties in religious aspects – directly or Philippines, they can get married before such consul-general without procuring
indirectly attempts to influence any contracting party to a marriage license in the Philippines if their country’s laws allow the same.
marry or refrain – imprisonment for not more than 1 month § Such marriage shall be recognized in the Philippines.
and fined not more than Php200.
• Illegal issuance or refusal of license – malicious refusal or ART. 22. THE MARRIAGE CERTIFICATE, IN WHICH THE PARTIES SHALL DECLARE THAT THEY
failure to issue within 24 hours after proper time of issuance TAKE EACH OTHER AS HUSBAND AND WIFE, SHALL ALSO STATE:
– imprisonment for 1 month to 2 years or fined Php200 to
Php2,000. (1) THE FULL NAME, SEX AND AGE OF EACH CONTRACTING PARTY;
(2) THEIR CITIZENSHIP, RELIGION AND HABITUAL RESIDENCE;
ART. 20. THE LICENSE SHALL BE VALID IN ANY PART OF THE PHILIPPINES FOR A PERIOD OF (3) THE DATE AND PRECISE TIME OF THE CELEBRATION OF THE MARRIAGE;
ONE HUNDRED TWENTY DAYS FROM THE DATE OF ISSUE, AND SHALL BE DEEMED (4) THAT THE PROPER MARRIAGE LICENSE HAS BEEN ISSUED ACCORDING TO LAW, EXCEPT IN
AUTOMATICALLY CANCELED AT THE EXPIRATION OF THE SAID PERIOD IF THE CONTRACTING MARRIAGE PROVIDED FOR IN CHAPTER 2 OF THIS TITLE;
PARTIES HAVE NOT MADE USE OF IT. THE EXPIRY DATE SHALL BE STAMPED IN BOLD (5) THAT EITHER OR BOTH OF THE CONTRACTING PARTIES HAVE SECURED THE PARENTAL
CHARACTERS ON THE FACE OF EVERY LICENSE ISSUED. CONSENT IN APPROPRIATE CASES;
(6) THAT EITHER OR BOTH OF THE CONTRACTING PARTIES HAVE COMPLIED WITH THE LEGAL
REQUIREMENT REGARDING PARENTAL ADVICE IN APPROPRIATE CASES; AND
Ø The marriage license is valid only within the Philippines and not abroad. (7) THAT THE PARTIES HAVE ENTERED INTO MARRIAGE SETTLEMENT, IF ANY, ATTACHING A
Ø It has a lifespan of 120 days from the date of issue (signing by the LCR). COPY THEREOF .
o From the date of issue, it should be claimed by the parties. Otherwise, it shall
automatically become ineffective after the lapse of the 120-day period.
Ø Without this provision, illicit relationships may proliferate only because the parties could Ø Requisites:
not get a marriage license with really no fault on their part. 1. Military commander of a unit;
§ Unit – a battalion under the present table of organization and not to a
ART. 29. IN THE CASES PROVIDED FOR IN THE TWO PRECEDING ARTICLES, THE SOLEMNIZING mere company.
OFFICER SHALL STATE IN AN AFFIDAVIT EXECUTED BEFORE THE LOCAL CIVIL REGISTRAR OR
2. Must be a commissioned officer;
ANY OTHER PERSON LEGALLY AUTHORIZED TO ADMINISTER OATHS THAT THE MARRIAGE WAS
§ An officer of a country's armed services whose rank is confirmed by a
PERFORMED IN ARTICULO MORTIS OR THAT THE RESIDENCE OF EITHER PARTY, SPECIFYING THE
government document (called a commission).
BARRIO OR BARANGAY, IS SO LOCATED THAT THERE IS NO MEANS OF TRANSPORTATION TO
§ Second lieutenant, ensign or above.
ENABLE SUCH PARTY TO APPEAR PERSONALLY BEFORE THE LOCAL CIVIL REGISTRAR AND
3. Chaplain is assigned to such unit;
THAT THE OFFICER TOOK THE NECESSARY STEPS TO ASCERTAIN THE AGES AND RELATIONSHIP
4. Chaplain is absent at the time of marriage;
OF THE CONTRACTING PARTIES AND THE ABSENCE OF LEGAL IMPEDIMENT TO THE MARRIAGE.
5. Members of the armed forces or civilians, and within the zone of military
operation; and
§ Even if they do not belong to the unit.
Ø Valid so long as it was established that articulo mortis was present during the solemnization § Within the zone of military operation – implies a widespread military
of the marriage. activity over an area and does not refer to a simulated exercise because
it requires absence of civilian authorities.
ART. 30. THE ORIGINAL OF THE AFFIDAVIT REQUIRED IN THE LAST PRECEDING ARTICLE, 6. In articulo mortis.
TOGETHER WITH THE LEGIBLE COPY OF THE MARRIAGE CONTRACT, SHALL BE SENT BY THE
PERSON SOLEMNIZING THE MARRIAGE TO THE LOCAL CIVIL REGISTRAR OF THE MUNICIPALITY ART. 33. MARRIAGES AMONG MUSLIMS OR AMONG MEMBERS OF THE ETHNIC CULTURAL
WHERE IT WAS PERFORMED WITHIN THE PERIOD OF THIRTY DAYS AFTER THE PERFORMANCE OF COMMUNITIES MAY BE PERFORMED VALIDLY WITHOUT THE NECESSITY OF MARRIAGE LICENSE,
THE MARRIAGE. PROVIDED THEY ARE SOLEMNIZED IN ACCORDANCE WITH THEIR CUSTOMS , RITES OR
PRACTICES .
Ø The procedures under Arts. 29 and 30 are merely directory in character. Non-observance
will not affect the status of the marriage. Ø Exempted from marriage license – other formalities must be in accordance with their laws:
o However, the officer, priest, or minister who, having solemnized a marriage in 1. Muslims – Code of Muslim Personal Laws.
articulo mortis or any other marriage of an exceptional character, shall fail to 2. Indigenous tribes in the Cordillera Autonomous Region (CAR) – Organic Act
comply with Chapter 2, Title I of the Family Code, shall be punished by: for the Cordillera Autonomous Region (R.A. 6766).
1. Imprisonment for 1 month to 2 years; or Ø For other indigenous tribes, they must comply with the Family Code.
2. Fine of Php300 to Php2,000.
ART. 34. NO LICENSE SHALL BE NECESSARY FOR THE MARRIAGE OF A MAN AND A WOMAN
ART. 31. A MARRIAGE IN ARTICULO MORTIS BETWEEN PASSENGERS OR CREW MEMBERS MAY WHO HAVE LIVED TOGETHER AS HUSBAND AND WIFE FOR AT LEAST FIVE YEARS AND WITHOUT
ALSO BE SOLEMNIZED BY A SHIP CAPTAIN OR BY AN AIRPLANE PILOT NOT ONLY WHILE THE ANY LEGAL IMPEDIMENT TO MARRY EACH OTHER. THE CONTRACTING PARTIES SHALL STATE
SHIP IS AT SEA OR THE PLANE IS IN FLIGHT, BUT ALSO DURING STOPOVERS AT PORTS OF CALL. THE FOREGOING FACTS IN AN AFFIDAVIT BEFORE ANY PERSON AUTHORIZED BY LAW TO
ADMINISTER OATHS. THE SOLEMNIZING OFFICER SHALL ALSO STATE UNDER OATH THAT HE
ASCERTAINED THE QUALIFICATIONS OF THE CONTRACTING PARTIES ARE FOUND NO LEGAL
Ø Requisites: IMPEDIMENT TO THE MARRIAGE.
1. Between passengers or crew members;
2. Ship must be at sea or the plane in flight; and
§ An assistant pilot has no authority to solemnize a marriage. Ø Requisites:
§ May be solemnized during stopovers at ports of call – as long as the 1. Live as husband and wife for at least 5 years characterized by exclusivity and
voyage is not yet terminated. continuity that is unbroken.
3. In articulo mortis. 2. Without any legal impediment to marry each other.
ART. 38. THE FOLLOWING MARRIAGES SHALL BE VOID FROM THE BEGINNING FOR REASONS OF
PUBLIC POLICY:
Ø Annulment cases are actions in “rem,” for they concern the status of the parties, and status IN THE CASES REFERRED TO IN THE PRECEDING PARAGRAPH, NO JUDGMENT SHALL BE BASED
affects or binds the whole word. UPON A STIPULATION OF FACTS OR CONFESSION OF JUDGMENT.
o The “res” is the relation between the said parties, or their marriage tie.
o Jurisdiction over the same depends upon the nationality or domicile of the
parties, not the place of the celebration of the marriage (locus celebrationis). Ø The procedure for annulment and declaration of nullity is now governed by Supreme Court
Ø Prescriptive period – the time within which a case can be filed in court. En Banc Resolution in A.M. No. 00-11-01-SC, effective March 15, 2003.
o After filing of the complaint with the proper Regional Trial Court, the defendant
Fig. 9. shall be given 15 days from receipt of the summons and of a copy of the
Parties and Prescriptive Periods complaint within which to file an answer.
Defect Who May File Prescriptive Period § If defendant fails to answer, he cannot be declared in default, and the
Party whose parent or Court will order the full-blown hearing of the case where the fiscal
1. Party was 18-21 years Within 5 years after shall appear on behalf of the State to make sure that there is no
guardian did not give
old, and the marriage attaining the age of 21 collusion or that the evidence is not fabricated.
consent
was solemnized • The Court shall order the fiscal to investigate whether a
Parent or guardian or person
without parental Any time before such party collusion between the parties exists, and if none, to intervene
having legal charge of the
consent. reaches the age of 21 for the State in order to see that evidence is not fabricated.
minor
THE FINAL JUDGMENT IN SUCH CASES SHALL PROVIDE FOR THE LIQUIDATION, PARTITION AND THE DELIVERY OF THE PRESUMPTIVE LEGITIMES HEREIN PRESCRIBED SHALL IN NO WAY
DISTRIBUTION OF THE PROPERTIES OF THE SPOUSES , THE CUSTODY AND SUPPORT OF THE PREJUDICE THE ULTIMATE SUCCESSIONAL RIGHTS OF THE CHILDREN ACCRUING UPON THE
COMMON CHILDREN, AND THE DELIVERY OF THIRD PRESUMPTIVE LEGITIMES, UNLESS SUCH DEATH OF EITHER OF BOTH OF THE PARENTS; BUT THE VALUE OF THE PROPERTIES ALREADY
MATTERS HAD BEEN ADJUDICATED IN PREVIOUS JUDICIAL PROCEEDINGS. RECEIVED UNDER THE DECREE OF ANNULMENT OR ABSOLUTE NULLITY SHALL BE CONSIDERED
AS ADVANCES ON THEIR LEGITIME.
ALL CREDITORS OF THE SPOUSES AS WELL AS OF THE ABSOLUTE COMMUNITY OR THE
CONJUGAL PARTNERSHIP SHALL BE NOTIFIED OF THE PROCEEDINGS FOR LIQUIDATION.
Ø Legitime – that part of the testator’s property which he cannot dispose of because the law
IN THE PARTITION, THE CONJUGAL DWELLING AND THE LOT ON WHICH IT IS SITUATED, SHALL has reserved it for certain heirs who are, therefore, called compulsory heirs.
BE ADJUDICATED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLES 102 AND 129.
o To protect the legitime of the children against the result of subsequent marriages
that might be contracted after an annulment or its declaration as void.
o Presumptive legitime – a presumption of what will remain at the time of death.
Ø The judgment of annulment or nullity of marriage shall state the factual and the legal basis The basis of the presumption is that properties of the persons involved at the time
for its dispositive conclusion. this particular situation arises would be the same as when he dies which is not a
o Should a court render a judgment which is not in conformity with the allegations fact.
in a pleading or which grants a relief which is not based on the pleadings, the o Actual legitime – that which is present at the time of death.
judgment is void for being coram-non-judice – not before a judge – a legal term Ø The presumptive legitime shall be computed as of the date of the final judgment of the trial
typically used to indicate a legal proceeding that is outside the presence of a judge court.
(without a judge), with improper venue, or without jurisdiction. o Shall be delivered either in:
§ However, even if a judgment was void but was not assailed in a motion 1. Cash;
for reconsideration (MR) and therefore not made an issue on appeal, 2. Property; or
such void judgment shall not be set aside and will continue to be 3. Sound securities.
effective. (Lam v. Chua, 2004) o Exception: When the parties, by mutual agreement judicially approved, had
Ø Insofar as void marriages are concerned, paragraphs 2, 3, 4 and 5 of Art. 43 (effects of already provided for such matters.
dissolution) apply only to the subsequent void marriage contracted by a spouse of a prior Ø General Rule: In void marriages, the delivery of the presumptive legitime is not required.
void marriage before the latter is judicially declared void. (Valdes v. RTC, 1996) o Exception: When there is a void subsequent marriage resulting from the non-
o The ruling in Nicdao Cariño v. Cariño, that a subsequent marriage celebrated in observance of Art. 40.
violation of Art. 40 is void because it is bigamous and therefore the property Ø Since the common children are materially affected by the nullity or annulment judgment
regime in the said subsequent void marriage is co-ownership under Art. 148 of insofar as the presumptive legitime is concerned, they are specially granted by law legal
the Family Code, is inaccurate. The Valdez ruling clearly applies what Art. 50 standing to seek the enforcement of the judgment.
provides. Ø A “Petition for the Correction of Entries” under Rule 108 of the Rules of Court, not a
Ø Unless there is an MR or appeal made after the decision, such decision will become final “Petition for Declaration of a Nullity of Marriage” under the Family Code, is the proper
upon the expiration of 15 days from receipt of the parties of the decision. remedy for cancellation of entries in a marriage certificate, considering that there was no
o Upon finality, the Entry of Judgment shall be issued, and subsequently a Decree actual marriage to speak of where the petitioner participated as the bride. (Republic v.
of Absolute Nullity of Marriage or Annulment of Marriage. Olaybar, 2014)
§ This decree shall be the best evidence of nullity or annulment of
marriage. “
§ The decree will issue only after the registration of the Entry of ART. 52. THE JUDGMENT OF ANNULMENT OR OF ABSOLUTE NULLITY OF THE MARRIAGE, THE
Judgment in the proper LCRs, and in cases of subsequent void PARTITION AND DISTRIBUTION OF THE PROPERTIES OF THE SPOUSES AND THE DELIVERY OF THE
marriages under Art. 40, after registration of the approved partition and CHILDREN'S PRESUMPTIVE LEGITIMES SHALL BE RECORDED IN THE APPROPRIATE CIVIL
distribution of properties and delivery of legitimes. REGISTRY AND REGISTRIES OF PROPERTY; OTHERWISE, THE SAME SHALL NOT AFFECT THIRD
PERSONS.
FOR PURPOSES OF THIS ARTICLE, THE TERM "CHILD" SHALL INCLUDE A CHILD BY NATURE OR
BY ADOPTION.
Ø A decree of legal separation does not affect the marital status of the parties. It does not
dissolve the marriage.
o It is nothing more than a “bed-and-board” separation of the spouses.
Ø Also known as “relative divorce.”
o The Family Code, like the Civil Code, does not admit absolute divorce.
o A divorce is a dissolution of the bond of matrimony, based on the theory of a
valid marriage, for some cause arising after the marriage; while an annulment
proceeding is maintained upon the theory that, for some cause existing at the time
of their marriage ceremony, the marriage is terminable.
Ø The grounds mentioned in the article herein are exclusive.
Fig. 10
Legal Separation
(1) Repeated physical violence • Must be upon:
or grossly abusive conduct 1. Petitioner;
against the petitioner, a 2. Common child; or
common child, or a child of the 3. Child of the petitioner.
petitioner. • Must be inflicted with:
1. Bad faith; and
2. Malice.
• Does not cover violence upon the child of the
respondent or the guilty spouse, but may be a ground
for suspension or termination of parental authority
under Art. 231 (1) of the Family Code.
39 YAP, K. | ATENEO LAW
• Physical violence – the infliction of bodily harm. (4) Final judgment sentencing • The offense herein need not necessarily be against
• The frequency of the act, not the severity of the the respondent to imprisonment the other spouse, their common children or the
same, is the determinative factor under this ground. of more than 6 years, even if petitioner’s children, but against anybody.
o However, even if it is not repeated, such pardoned. • The judgment must be “final.”
may constitute grossly abusive conduct
(5) Drug addiction or habitual • The extent is the same as those in annulment cases.
which may warrant the issuance of a legal
alcoholism of the respondent. However, the difference is that here, the grounds can
separation decree.
exist even after the marriage ceremony.
• Grossly abusive conduct is determined on a case-to-
case basis. (6) Lesbianism or • Lesbianism and homosexuality deal with sexual
o Ex. When one spouse uses offensive homosexuality of the orientation that do not by themselves affect the
language continually against the other respondent. mental state of a person in relation to his or her
with the intent and fixed purpose of judgment.
causing unhappiness. • The ground can exist even after the marriage
(2) Physical violence or moral ceremony.
• One incident of physical violence or moral pressure
pressure to compel the to compel the change in religious affiliation or the (7) Contracting by the • Bigamy – the act of illegally contracting a second
petitioner to change religious change in political affiliation can be a ground for respondent of a subsequent marriage despite full knowledge that the first
or political affiliation. legal separation. bigamous marriage, whether in marriage is still validly existing or without obtaining
• Involves the human rights concept of the right to the Philippines or abroad. the needed judicial declaration of presumptive death
accept one another’s political beliefs. of the first spouse who was absent for 4 or 2
o The couple should learn to live with each consecutive years pursuant to Art. 41 of the Family
other’s political ideas. If they cannot live Code.
together as such, how can we live together
(8) Sexual infidelity of • Violates the obligation of mutual love, respect and
as a nation sharing different political
perversion. fidelity.
ideas?
• Although adultery and concubinage are included
(3) Attempt of respondent to • Must be against: herein, other acts short of such are enough so long
corrupt or induce the petitioner, 1. Petitioner; as said acts committed by one spouse would
a common child, or a child of 2. Common child; or constitute a clear betrayal of the trust of his or her
the petitioner, to engage in 3. Child of the petitioner. spouse by having intimate love affairs with other
prostitution, or connivance in • Parental duties violated: persons.
such corruption or inducement. 1. To provide their unemancipated children • Sexual perversion includes not only such behavior
with moral and spiritual guidance; with third persons, but even with the spouse.
2. To instruct them by right precept and good o Unless condoned.
example; and o Ex. Oral sex, bestiality.
3. To protect them from bad company and
(9) Attempt by the respondent • Must proceed from an evil design and not from any
prevent them from acquiring habits
against the life of the justifiable cause, ie. self defense.
detrimental to their health, studies and
petitioner. • The criminal attempt can be proven by
morals.
• It cannot be any other immoral act, otherwise the preponderance of evidence in the civil case for legal
undue stretching of the import of the article will not separation.
serve the policy of the law of discouraging legal o No conviction is necessary.
separation. • A criminal attempt to kill a spouse is clearly an act
• Mere “attempt” is enough to be a ground for legal of moral depravity.
separation. (10) Abandonment of • Must be:
• Does not cover violence upon the child of the petitioner by respondent 1. Willful;
respondent or the guilty spouse, but may be a ground without justifiable cause for 2. Intent to desert/No intent of returning;
for suspension or termination of parental authority more than 1 year. 3. Without justifiable cause; and
under Art. 231 (1) of the Family Code. 4. More than 1 year.
ART. 56. THE PETITION FOR LEGAL SEPARATION SHALL BE DENIED ON ANY OF THE (3) Where there is connivance • Volenti non fit injuria – one is not legally injured if
FOLLOWING GROUNDS: between the parties in the he has consented to the act complained of or was
commission of the offense or willing that it should occur.
(1) WHERE THE AGGRIEVED PARTY HAS CONDONED THE OFFENSE OR ACT COMPLAINED OF; act constituting the ground for
(2) WHERE THE AGGRIEVED PARTY HAS CONSENTED TO THE COMMISSION OF THE OFFENSE OR legal separation.
ACT COMPLAINED OF; (4) Where both parties have • Doctrine of unclean hands – he who comes into
(3) WHERE THERE IS CONNIVANCE BETWEEN THE PARTIES IN THE COMMISSION OF THE given ground for legal equity must come with clean hands.
OFFENSE OR ACT CONSTITUTING THE GROUND FOR LEGAL SEPARATION; separation. • When 2 persons act in bad faith, they should be
(4) WHERE BOTH PARTIES HAVE GIVEN GROUND FOR LEGAL SEPARATION; considered as having acted in good faith towards
(5) WHERE THERE IS COLLUSION BETWEEN THE PARTIES TO OBTAIN DECREE OF LEGAL each other.
SEPARATION; OR
(6) WHERE THE ACTION IS BARRED BY PRESCRIPTION. (5) Where there is collusion • Collusion is a corrupt agreement, while connivance
between the parties to obtain is a corrupt consenting.
the decree of legal separation. • For collusion, there must be an agreement between
ART. 57. AN ACTION FOR LEGAL SEPARATION SHALL BE FILED WITHIN FIVE YEARS FROM THE the spouses looking to the procuring of a divorce.
TIME OF THE OCCURRENCE OF THE CAUSE.
(6) Where the action is barred • Must be filed within 5 years from the occurrence of
by prescription. the cause.
o The time of discovery of the ground for
legal separation is not material in counting
the prescriptive period.
o Justice Puno – the law assumes that if you
discover it after 5 years, forgiveness is
already the order of the day, and no longer
recrimination.
41 YAP, K. | ATENEO LAW
ART. 58. AN ACTION FOR LEGAL SEPARATION SHALL IN NO CASE BE TRIED BEFORE SIX ART. 61. AFTER THE FILING OF THE PETITION FOR LEGAL SEPARATION, THE SPOUSES SHALL BE
MONTHS SHALL HAVE ELAPSED SINCE THE FILING OF THE PETITION. ENTITLED TO LIVE SEPARATELY FROM EACH OTHER.
THE COURT, IN THE ABSENCE OF A WRITTEN AGREEMENT BETWEEN THE SPOUSES, SHALL
• Cooling-off Period – designed to give the parties enough time to further contemplate their DESIGNATE EITHER OF THEM OR A THIRD PERSON TO ADMINISTER THE ABSOLUTE COMMUNITY
positions with the end in view of attaining reconciliation between them. OR CONJUGAL PARTNERSHIP PROPERTY. THE ADMINISTRATOR APPOINTED BY THE COURT
o Unless exempted by law, failure to observe the cooling-off period is a ground to SHALL HAVE THE SAME POWERS AND DUTIES AS THOSE OF A GUARDIAN UNDER THE RULES OF
set aside a decision granting legal separation. COURT.
• What is prevented during the period is the hearing on the merits with respect to the validity
or invalidity of the ground for legal separation.
o Other incidents such as custody, alimony and support pendent lite may be heard ART. 62. DURING THE PENDENCY OF THE ACTION FOR LEGAL SEPARATION, THE PROVISIONS OF
inside the cooling-off period. ARTICLE 49 SHALL LIKEWISE APPLY TO THE SUPPORT OF THE SPOUSES AND THE CUSTODY AND
o A motion to dismiss may likewise be filed if there is a ground to do so. SUPPORT OF THE COMMON CHILDREN.
• The 6-month cooling-off period requirement can be dispensed with if the ground for legal
separation involves violence against the woman or the child. (Sec. 19 of R.A. 9262: VAWC)
1. Physical violence – acts that include bodily or physical harm. Ø If the petition is denied, the court cannot compel the parties to live with each other as
2. Sexual violence – an act which is sexual in nature, committed against a woman cohabitation is purely a personal act. (Arroyo v. Vasquez, 1921)
or her child. Ø In the absence of a written agreement between the spouses, the Court shall designate either
3. Psychological violence – acts or omissions causing or likely to cause mental or of them or a third person to administer the absolute community or conjugal partnership
emotional suffering of the victim. property.
4. Economic abuse – acts that make ore attempt to make a woman financially Ø An action for legal separation involves merely bed-and-board separation of the spouses,
dependent. hence is purely personal.
o Being such, it follows that the death of one party to the action causes the death
of the action itself.
ART. 59. NO LEGAL SEPARATION MAY BE DECREED UNLESS THE COURT HAS TAKEN STEPS
TOWARD THE RECONCILIATION OF THE SPOUSES AND IS FULLY SATISFIED, DESPITE SUCH
EFFORTS, THAT RECONCILIATION IS HIGHLY IMPROBABLE. ART. 63. THE DECREE OF LEGAL SEPARATION SHALL HAVE THE FOLLOWING EFFECTS:
(1) THE SPOUSES SHALL BE ENTITLED TO LIVE SEPARATELY FROM EACH OTHER, BUT THE
ART. 60. NO DECREE OF LEGAL SEPARATION SHALL BE BASED UPON A STIPULATION OF FACTS MARRIAGE BONDS SHALL NOT BE SEVERED;
OR A CONFESSION OF JUDGMENT. (2) THE ABSOLUTE COMMUNITY OR THE CONJUGAL PARTNERSHIP SHALL BE DISSOLVED AND
LIQUIDATED BUT THE OFFENDING SPOUSE SHALL HAVE NO RIGHT TO ANY SHARE OF THE NET
IN ANY CASE, THE COURT SHALL ORDER THE PROSECUTING ATTORNEY OR FISCAL ASSIGNED PROFITS EARNED BY THE ABSOLUTE COMMUNITY OR THE CONJUGAL PARTNERSHIP, WHICH
TO IT TO TAKE STEPS TO PREVENT COLLUSION BETWEEN THE PARTIES AND TO TAKE CARE SHALL BE FORFEITED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 43(2);
THAT THE EVIDENCE IS NOT FABRICATED OR SUPPRESSED. (3) THE CUSTODY OF THE MINOR CHILDREN SHALL BE AWARDED TO THE INNOCENT SPOUSE,
SUBJECT TO THE PROVISIONS OF ARTICLE 213 OF THIS CODE; AND
(4) THE OFFENDING SPOUSE SHALL BE DISQUALIFIED FROM INHERITING FROM THE INNOCENT
Ø Stipulation of Facts – practically an admission made in court by both parties agreeing to SPOUSE BY INTESTATE SUCCESSION. MOREOVER, PROVISIONS IN FAVOR OF THE OFFENDING
the existence of the act constituting the ground for annulment or for the declaration of SPOUSE MADE IN THE WILL OF THE INNOCENT SPOUSE SHALL BE REVOKED BY OPERATION OF
nullity of the marriage. LAW.
Ø Confession of Judgment – the admission made in court by the respondent or defendant
admitting fault as invoked by the plaintiff to sever the marriage ties.
Ø The quantum of evidence is preponderance of evidence. Ø The finality of the separation is complete after the lapse of the period to appeal the decision
Ø No prejudicial question and no suspension of criminal cases for adultery or concubinage to a higher court even if the effects, such as the liquidation of the property, have not yet
can prosper because the case of legal separation is not one “to enforce the liability arising been commenced nor terminated.
from the offense.” Fig. 12
Effects of Legal Separation
(1) The spouses shall be • Even if they can legally live apart, a spouse can still
entitled to live separately from be held criminally liable for bigamy, concubinage or
each other, but the marriage adultery if he or she commits the act.
bond shall not be severed.
42 YAP, K. | ATENEO LAW
(2) The absolute community or • The portion pertaining to the offending spouse shall § However, if the donation is void, the right to bring an action does not
the conjugal partnership shall be forfeited in favor of, in the following order: prescribe.
be dissolved and liquidated; 1. Common children;
but 2. Children of the guilty spouse by a ART. 65. IF THE SPOUSES SHOULD RECONCILE, A CORRESPONDING JOINT MANIFESTATION
previous marriage; or UNDER OATH DULY SIGNED BY THEM SHALL BE FILED WITH THE COURT IN THE SAME
the offending spouse shall have 3. Innocent spouse. PROCEEDING FOR LEGAL SEPARATION.
no right to any share of the net • For purposes of computing the net profit, said profits
profits earned by the absolute shall be the increase in value between the market
community or the conjugal value of the community property at the time of the ART. 66. THE RECONCILIATION REFERRED TO IN THE PRECEDING ARTICLES SHALL HAVE THE
partnership, which shall be celebration of the marriage and the market value at FOLLOWING CONSEQUENCES:
forfeited in accordance with the time of dissolution.
Art. 43 (2). o NP = MVdissolution – MVcelebration. (1) THE LEGAL SEPARATION PROCEEDINGS, IF STILL PENDING, SHALL THEREBY BE
TERMINATED AT WHATEVER STAGE; AND
(3) The custody of the minor • In all matters relating to the custody of the child, the (2) THE FINAL DECREE OF LEGAL SEPARATION SHALL BE SET ASIDE, BUT THE SEPARATION OF
children shall be awarded to paramount interest of the child shall be the standard. PROPERTY AND ANY FORFEITURE OF THE SHARE OF THE GUILTY SPOUSE ALREADY EFFECTED
the innocent spouse, subject to • The Court may even award custody to a third person SHALL SUBSIST, UNLESS THE SPOUSES AGREE TO REVIVE THEIR FORMER PROPERTY REGIME.
Art. 213. if both spouses are unfit to take care of the child. THE COURT'S ORDER CONTAINING THE FOREGOING SHALL BE RECORDED IN THE PROPER CIVIL
(4) The offending spouse shall • The law does not provide that such revocation by REGISTRIES.
be disqualified from inheriting operation of law will be rendered ineffectual in case
from the innocent spouse by the legal separation decree is set aside by the court
intestate succession. upon manifestation of the parties that they have ART. 67. THE AGREEMENT TO REVIVE THE FORMER PROPERTY REGIME REFERRED TO IN THE
reconciled. PRECEDING ARTICLE SHALL BE EXECUTED UNDER OATH AND SHALL SPECIFY:
Moreover, provisions in favor o However, Art. 921 (4) provides that
of the offending spouse in the disinheritance in a will shall be rendered (1) THE PROPERTIES TO BE CONTRIBUTED ANEW TO THE RESTORED REGIME;
will of the innocent spouse ineffectual upon the mutual reconciliation (2) THOSE TO BE RETAINED AS SEPARATED PROPERTIES OF EACH SPOUSE; AND
shall be revoked by operation of the spouses. (3) THE NAMES OF ALL THEIR KNOWN CREDITORS, THEIR ADDRESSES AND THE AMOUNTS
of law. OWING TO EACH.
THE AGREEMENT OF REVIVAL AND THE MOTION FOR ITS APPROVAL SHALL BE FILED WITH THE
ART. 64. AFTER THE FINALITY OF THE DECREE OF LEGAL SEPARATION, THE INNOCENT SPOUSE COURT IN THE SAME PROCEEDING FOR LEGAL SEPARATION, WITH COPIES OF BOTH FURNISHED
MAY REVOKE THE DONATIONS MADE BY HIM OR BY HER IN FAVOR OF THE OFFENDING SPOUSE, TO THE CREDITORS NAMED THEREIN. AFTER DUE HEARING, THE COURT SHALL, IN ITS ORDER,
AS WELL AS THE DESIGNATION OF THE LATTER AS BENEFICIARY IN ANY INSURANCE POLICY, TAKE MEASURE TO PROTECT THE INTEREST OF CREDITORS AND SUCH ORDER SHALL BE
EVEN IF SUCH DESIGNATION BE STIPULATED AS IRREVOCABLE. THE REVOCATION OF THE RECORDED IN THE PROPER REGISTRIES OF PROPERTIES.
DONATIONS SHALL BE RECORDED IN THE REGISTRIES OF PROPERTY IN THE PLACES WHERE THE
PROPERTIES ARE LOCATED. ALIENATIONS, LIENS AND ENCUMBRANCES REGISTERED IN GOOD THE RECORDING OF THE ORDERING IN THE REGISTRIES OF PROPERTY SHALL NOT PREJUDICE
FAITH BEFORE THE RECORDING OF THE COMPLAINT FOR REVOCATION IN THE REGISTRIES OF ANY CREDITOR NOT LISTED OR NOT NOTIFIED, UNLESS THE DEBTOR-SPOUSE HAS SUFFICIENT
PROPERTY SHALL BE RESPECTED. THE REVOCATION OF OR CHANGE IN THE DESIGNATION OF SEPARATE PROPERTIES TO SATISFY THE CREDITOR'S CLAIM.
THE INSURANCE BENEFICIARY SHALL TAKE EFFECT UPON WRITTEN NOTIFICATION THEREOF TO
THE INSURED.
Ø The order containing the termination of the case or the setting aside of the decree, as the
THE ACTION TO REVOKE THE DONATION UNDER THIS ARTICLE MUST BE BROUGHT WITHIN FIVE case may be, shall be recorded in the proper civil registries.
YEARS FROM THE TIME THE DECREE OF LEGAL SEPARATION BECOME FINAL. o However, the separation of properties made shall, in the meantime, subsist.
o The parties, however, can enter into an agreement, which should be approved by
the court, reviving their previous property regime.
Ø Since donations are acts of liberality, the law gives the option to the innocent party whether o The agreement shall contain:
he or she will revoke the donation or the designation as beneficiary of the guilty party in 1. Which properties shall remain separate;
an insurance. 2. Which properties shall be contributed to the revived property regime;
o In case of insurance benefits, it will be considered revoked upon written and
notification thereof to the insured. 3. Names and addresses of the creditors and amounts of credit.
o In case of donations, the innocent spouse must file an action for revocation within o The creditors must be furnished the motion seeking the approval of the
5 years from the time the decree of legal separation has become final. agreement.
43 YAP, K. | ATENEO LAW
Ø The recording in the registries of property shall not prejudice any creditor not listed or not 1. within 15 days from receipt of summons; or
notified, unless the debtor-spouse has sufficient separate properties to satisfy the creditor’s 2. 30 days from the last issue in case of service of summons by
claim. publication.
Ø The law does not provide that revival of what was disinherited as one of the effects of o Must be verified by the respondent himself and not by counsel or attorney-in-
setting aside a legal separation decree. fact.
o Hence, the innocent spouse has the option of reinstituting the provisions in a will o If respondent fails to answer, the court shall not declare him in default.
previously made to the guilty spouse, but was revoked. o If no answer is filed, or when the answer does not tender an issue, the court shall
order the public prosecutor to investigate whether collusion exists between the
RULE ON LEGAL SEPARATION parties.
(SUPREME COURT EN BANC RESOLUTION, A.M. 02-11-11-SC) Ø Investigation report from public prosecutor.
MARCH 15, 2003 o Within 1 month from the court order, the public prosecutor shall submit a report
to the court on whether there is collusion and the service of summons on any
Ø Who may file? party, if any.
o Solely the husband or the wife, as the case may be. o If there is collusion, he shall state the basis thereof in his report.
Ø When to file? § The court shall set the report for hearing. And if convinced, it shall
o Within 5 years from the time of the occurrence of the ground/cause. dismiss the petition.
Ø Contents and form. o If no collusion, the court shall set the case for pre-trial. The public prosecutor
o It shall allege the: shall appear for the State.
1. Complete facts constituting the cause; Ø Social worker.
2. Names and ages of the common children; o The court may require a social worker to conduct a case study and to submit the
3. Property regime; corresponding report at least 3 years before the pre-trial.
4. Properties involved; and Ø Pre-trial.
5. Creditors. o A pre-trial is mandatory. The court shall motu proprio set the pre-trial after the
6. Verified and accompanied by a certification against forum shopping; last pleading has been served and filed, or upon receipt of the report of the public
7. Filed in 6 copies – petitioner shall within 5 days from filing furnish a prosecutor that no collusion exists.
copy to the city or provincial prosecutor and the creditors, if any, and o Must not be set within 6 months from the filing of the petition.
submit to the court proof of such service within the period. Ø Notice of pre-trial.
Ø Venue. o Must contain:
o Family court of the province or city where the petitioner or the respondent has 1. Date of pre-trial conference; and
been residing for at least 6 months prior to the date of filing. 2. Order directing the parties to serve their pre-trial briefs.
o In case of non-resident, where he may be found in the Philippines, at the election o Shall be served separately to the parties, their counsels and the public prosecutor.
of the petitioner. o Shall be sent to the respondent despite failure to answer.
Ø Rules on summons: Ø Contents of pre-trial brief:
o If respondent not located at his given address, and cannot be ascertained by 1. Statement of willingness of the parties to enter into agreements;
diligent inquiry, publication once a week for 2 consecutive weeks in a newspaper 2. Concise statement of their respective claims;
of general circulation in the Philippines and in such place as the court may order. 3. Admitted facts and proposed stipulation of facts;
§ In addition, at the respondent’s last known address. 4. All evidence to be presented;
o Summons to be published shall contain: 5. Number and names of the witnesses; and
1. Title of the case; 6. Other matters as the court may require.
2. Docket number; Ø Effect of failure to appear at pre-trial.
3. Nature of the petition; o Failure of petitioner to appear shall cause the dismissal of the case, unless his
4. Principal grounds of the petitioner and reliefs prayed for; and counsel or duly authorized representative appears in court and provides a valid
5. Directive for respondent to answer within 30 days from the last issue excuse for non-appearance.
of publication. o Failure of respondent to appear shall cause the court to proceed with the pre-trial
Ø Motion to dismiss. and require the public prosecutor to investigate the non-appearance of the
o The only ground allowed is lack of jurisdiction over the subject matter or over respondent.
the parties. § Public prosecutor must submit his repot within 15 days.
o Any other ground that might warrant the dismissal of the case may be raised as § If no collusion, the court shall require the public prosecutor to
an affirmative defense in an answer. intervene for the state during the trial.
Ø Answer. Ø Pre-trial conference.
o The respondent’s answer must be filed either:
44 YAP, K. | ATENEO LAW
o The court may refer the issues to a mediator – assists the parties in reaching an § However, in the absence of property, the court shall issue a Decree of
agreement on matters not prohibited by law. Legal Separation which shall be registered in the Civil Registries
§ Mediator shall render a report within 1 month from referral. May be where:
extended. 1. The marriage was recorded; and
o In case mediation is not availed of or if it fails, the court shall proceed with the 2. Where the family court granting the separation is located.
pre-trial conference. o The decision shall likewise declare the effects in Fig. 12 on pages 42-43.
Ø Pre-trial order. Ø Appeal.
o The proceedings in pre-trial shall be recorded. o No appeal shall be allowed unless the appellant has filed an MR or new trial
o The court shall issue a pre-trial order which shall recite in detail: within 15 days from notice of judgment.
1. Matters taken up in the conference; o An aggrieved party or the Solicitor General may appeal by filing a Notice of
2. Action taken thereon; Appeal within 15 days from the notice of denial of the MR or new trial.
3. Amendments allowed on the pleading; Ø Liquidation, partition and distribution, custody and support of minor children.
4. Agreements or admissions made by the parties; and o Upon entry of the judgment granting the petition, and pending appeal, the family
5. Any provisional order necessary. court, on motion of either party, shall proceed with the:
o Show the action proceed to trial, the order shall contain: 1. Liquidation, partition and distribution of properties; and
1. Facts undisputed, admitted, and those which need not be proved; 2. Custody and support of the children.
2. Factual and legal issues; Ø Issuance of Decree of Legal Separation.
3. Evidence; o The court shall issue the decree after:
4. Names of witnesses; and 1. Registration of entry of judgment granting the petition in the civil
5. Schedule of presentation of evidence. registries; and
o The parties shall not be allowed to present additional evidence or witnesses other 2. Registration of the approved partition and distribution of the properties
than those stated in the order, unless the court allows it to avoid manifest of the spouses where the real properties are located.
injustice. Ø Registration and publication of Decree of Legal Separation; decree as best evidence.
o The parties shall have 5 days from receipt of the pre-trial order to propose o The prevailing party shall cause its registration in the Civil Registry and the NSO.
corrections or modifications. o In case service of summons was made by publication, the parties shall case the
Ø Prohibited compromise: publication of the Decree once in a newspaper of general circulation.
1. Civil status; o Decree shall be best evidence of legal separation and shall serve as notice to third
2. Validity of marriage or legal separation; parties concerning the properties of petitioner and respondent.
3. Ground for legal separation; Ø Effect of death of party.
4. Future support; o In case of death at any stage of either party, the court shall order the case closed
5. Jurisdiction of courts; and and terminated without prejudice to the settlement of estate in proper proceedings
6. Future legitime. in regular courts.
Ø Trial. o If party dies after entry of judgment, the same shall be binding.
o The judge shall personally conduct the trial of the case. Ø Petition for revocation of donations.
§ No delegation shall be allowed, except as to matters involving property o Within 5 years from the finality of the decision, the innocent spouse may file a
relations of the spouses. petition under oath in the same proceeding for legal separation to revoke the
o The grounds for legal separation must be proved. No judgment on the pleadings, donations in favor of the offending spouse.
summary judgment, or confession of judgment shall be allowed. o The revocation shall be recorded in the Register of Deeds.
o The court may order the exclusion of the public from the courtroom, except those o Alienations, liens, and encumbrances registered in good faith before the
who have a direct interest in the case. recording of the petition for revocation shall be respected.
Ø Memoranda. o After issuance of the decree, the innocent spouse may revoke the designation of
o The court may require the parties and the public prosecutor to file memoranda the offending spouse as beneficiary in any insurance policy.
within 15 days from the date the trial is terminated. § The revocation shall take effect upon written notification thereof to the
o After such period, the case will be considered submitted for decision. insurer.
Ø Decision. Ø Decree of Reconciliation.
o The court shall deny the petition on the grounds in Fig. 11 on page 41. o Spouses may file a joint manifestation under oath, duly signed by the spouses, in
o If the court grants the petition, it shall declare therein that the Decree of Legal the same proceeding for legal separation.
Separation shall be issued by the court only after full compliance with liquidation o If reconciliation occurred during pendency, the court shall immediately issue an
under the Family Code. order terminating the proceeding.
ART. 73. EITHER SPOUSE MAY EXERCISE ANY LEGITIMATE PROFESSION, OCCUPATION,
BUSINESS OR ACTIVITY WITHOUT THE CONSENT OF THE OTHER. THE LATTER MAY OBJECT
ONLY ON VALID, SERIOUS, AND MORAL GROUNDS.
THE FOREGOING PROVISIONS SHALL NOT PREJUDICE THE RIGHTS OF CREDITORS WHO ACTED IN
GOOD FAITH.
Ø The husband and the wife can engage in any lawful enterprise or profession.
o The law does not require that a spouse has to get the prior consent of the other
before entering into any legitimate profession, occupation, business or activity.
Ø If the husband compels the wife to desist from pursuing a profession or any other conduct
which the wife has the right to engage in, these are considered acts of violence against
women under RA 9262 (Anti-Violence Against Women and their Children Law).
Ø The exercise by a spouse of a legitimate profession, occupation, business or activity is
always considered to redound to the benefit of the family.
o Except isolated transactions which must be proven to have redounded as such.
Ø Disagreements regarding certain professions, occupations, etc. shall only be anchored on
valid, serious and moral grounds.
o In case of such disagreement, the court shall decide if the objection is proper.
o The proceeding shall be summary in nature.
Ø An obligation incurred as a result of a spouse’s exercise of his or her legitimate profession
or as a result of a spouse’s undertaking of a legitimate business, is an obligation redounding
to the benefit of the family, and therefore shall be shouldered by the community property
or conjugal partnership.
o Rules: