Lecture Notes: Persons and Family Relations Bar 2018

PERSONS AND FAMILY RELATIONS
Bar 2018
LECTURE NOTES Codal Provision Concept/Annotation
EFFECTS AND APPLICATION OF LAWS
Publication (Art. 2)
• Publication is indispensable,
absence of which will not
render the law effective
(Tañada v. Tuvera)
EO 200/ Art 2: Laws shall take
• Shorter/longer period than the
effect after fifteen (15) days
15-day period - the period
following the completion of their
provided in the statute shall
publication in the Official Gazette,
prevail
or in a newspaper of general
• Takes effect immediately - It
circulation in the Philippines.
shall take effect immediately
after publication with the 15-
day period being dispensed
with
Ignorance of the Law (Art.3 )
• Every person is presumed to

know the law even if he has no
actual knowledge of the law.
• It applies only to mandatory
and prohibitory laws.
• A mistake in the application or
Ignorance of the law excuses no interpretation of difficult or
one from compliance therewith. doubtful provisions of law may
be the basis of good faith and
has been given the same
effect as a mistake of fact,
which may excuse one from
the legal consequences of his
conduct
Non-Retroactivity of Laws (Art. 4)
Laws shall have no retroactive effect.
Exceptions:
1. Procedural or Remedial
2. Penal laws favorable to the accused; provided that the accused is
not a habitual delinquent (RPC, Art. 22)
3. Unless the law otherwise provides;
4. Tax laws when expressly declared or is clearly the legislative intent
5. Laws creating New rights
6. Interpretative Statutes
7. Curative or Remedial statutes
8. Emergency Laws
Exceptions to the Exceptions: (E–L)

1. Ex Post Facto Laws;
2. Laws that impair obligation of contracts
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Waiver of Rights (Art. 6)
TLC: Requisites for a valid waiver of General Rule: Rights may be waived.
rights:
1. Knowledge of such right you are Requisites of a Valid Waiver:
waiving; 1. Full Capacity to make the waiver;
2. Legal capacity to be able to 2. Waiver must be Unequivocal;
knowingly, intelligently, and 3. Right must Exist at the time of the waiver;
voluntarily waive your right; 4. It must not be Contrary to law, public policy, morals or good
3. Only personal right   customs;
5. It must not be Prejudicial to a third person with a right recognized
by law; and
6. When Formalities are required, the same must be complied with
Exceptions: (C–PEN)
1. Waiver is Contrary to law, public order, public policy, morals or good
customs;
2. If the waiver is Prejudicial to a third party with a right recognized by
law;
3. Alleged rights which are really not yet in Existence, as in the case of
future inheritance; and
4. If the right is a Natural right, such as right to be supported
Judicial Decisions (Art. 8)
• Doctrine of Stare Decisis: It enjoins adherence to judicial

precedents and is based on the principle that once a question of
law has been examined and decided, it should be deemed settled
and closed to further argument
• Legal Effects of Judicial Decisions

1. No publication required;
2. Binding between parties after the lapse of appeal period;
3. Will bind all future cases with identical facts, until reversed
by SC.
Duty of the Judge, Custom (Art. 9-12)
If the law is silent, obscure or insufficient, a judge may base his

judgment among the following:
1. Customs which are not contrary to law, public order or public policy
2. Decisions of foreign and local courts on similar cases;
3. Opinions of highly qualified writers and professors;
4. Rules of statutory construction; and
5. Principles laid down in analogous instances
Customs: Rules of conduct formed by repetition of acts uniformly

observed as a social rule. They are legally binding and obligatory
General Rule: Customs must be proved as a fact according to

the rules of evidence
Exception: A court may take judicial notice of a custom if there is

already a decision rendered by the same court recognizing the
custom
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Rule on Periods (Art. 13)
• Importance: Determination of Article 13 has been superseded by E.O. No. 292 or The Revised
periods Administrative Code of 1987 CIR v. Primetown Property Group, Inc.,
• Computation of periods: First G.R. No. 162155, August 28, 2007).
day excluded, last day included  
• Differentiate with Sec. 31. Legal Periods:
Tr a n q u i l ’s N o t e s o n 1. “ Ye a r ” s h a l l b e u n d e r s t o o d t o b e t w e l v e ( 1 2 )
Computation of Time as calendarmonths;
to Filing of Pleadings etc 2. “Month” of thirty (30) days, unless it refers to a specific
calendar month in which case it shall be computed
according to the number of days the specific month
contains;
3. “Day” to a day of twenty-four (24) hours; and
4. “Night” from sunset to sunrise.
Territoriality (Art. 14)
• All citizens, even aliens who

are in the country, are bound
by our criminal laws.
• They are within the territorial
jurisdiction of the PH,
therefore, they can be
prosecuted and even  
convicted in PH courts.
• Exceptions:
Te r r i t o r i a l i t y r u l e g o v e r n s 1. Exterritoriality – heads
regardless of the nationality but of states (extension of
subject to principles of the sovereign country
international law and to treaty cannot be prosecuted
stipulations. before PH courts,
ambassadors,
CONSULS ARE NOT
INCLUDED;
2. E x t r a t e r r i t o r i a l i t y –
treaty or executive
agreement exempting
certain personnel from
being prosecuted
within PH territory
Nationality Doctrine (Art. 15)
Rules on Personal Law: Nationality rule applies regardless

1. Domiciliary Rule – The basis for of their place of residence.
determining personal law of an
Coverage:
individual is his domicile. Exception: Divorce validly
1. Family rights and duties;
2. Nationality Rule – The basis for obtained abroad by alien spouse
2. Legal capacity, condition or
determining personal law is his capacitating him or her to remarry;
status  
citizenship. the Filipino spouse shall have
capacity to remarry under
Philippine law
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Laws on Real and Personal Property (Art. 16)
Coverage: Real and Personal Property
General Rule: Paragraph 1

• Lex Rei Sitae: The law of the country where the property is situated
shall govern property transactions
Exceptions: Paragraph 2
1. Capacity to succeed;
2. Intrinsic validity of testamentary provisions;
3. Amount of successional rights;
4. Order of succession
Laws on Forms and Solemnities (Art. 17)
Coverage: Extrinsic Validity of Contracts (Forms & Solemnities)
Lex Loci Celebrationis: Forms and solemnities of contracts, wills, and

other public instruments (extrinsic validity) shall be governed by the laws
of the country in which they are executed
Exceptions:
1. Marriage between Filipinos solemnized abroad shall be void though
valid abroad when void under Philippine laws
2. Intrinsic Validity of Contracts: Determined by the ff rules
i. The law stipulated by the parties shall be applied;
ii. In default thereof, and the parties are of the same
nationality, their national law shall be applied;
iii. If the parties are not of the same nationalities, the law of the
place of the perfection of the obligation shall govern its
fulfillment; or
iv. If the above places are not specified and they cannot be
deduced from the nature and circumstances of the
obligation, then the law of the passive subject shall apply
Conflict of Laws Doctrines
1. Renvoi Doctrine:
• Literally means referring back
• Occurs when a citizen of another country dies as a domiciliary of
another country. Where the conflict rules of the forum refer to a
foreign law, and the latter refers it back to the internal law, the
law of the forum shall apply
• Transmission Theory: If the foreign law refers it to a third
country, the said country‘s law shall govern.
2. Doctrine of Processual Presumption: If the foreign law is not properly

alleged and proved, the presumption is that it is the same as our law
3. Forum Non Conveniens: A Court, in a conflict of laws case, may refuse

impositions on its jurisdiction where it is not the most convenient or
available forum and the parties are not precluded from seeking
remedies elsewhere.
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Abuse of Right Principle (Art. 19)
Elements of Abuse of Rights:

1. There must be a legal right or
Every person must, in the exercise of his rights and in the performance
duty;
of his duties, act with justice, give everyone his due, and observe
2. Such is exercised in bad faith;
honesty and good faith.
3. Causes damage or injury to
another  
1. Volenti Non Fit Injuria
• It refers to self-inflicted injuries or to the consent to injury
• Article 19 is the norm or
which precludes the recovery of damages by one who has
standard of conduct that must
knowingly and voluntarily exposed himself to danger, even if
be complied with. In violation
he is not negligent in doing so
thereof, the penalty or remedy is
found in Articles 20 and 21
2. Damnum Absque Injuria (Damage without Injury)
which is payment of damages in
• A person who exercises his legal right does no injury.
favor of the aggrieved or injured
However, it cannot be said that a person exercises a right
party. The one who caused the
when he unnecessarily prejudices another or offends morals
injury is the one who will pay the
or good customs.
damages to the injured parties.  
• When damages result from a person‘s exercise of rights, it is
damnum absque injuria
• Article 19 and 21: willful or
intentional
Damages for Abuse of Right (Art. 20-21)
• Article 20: willful or negligently Article 20. Every person who, contrary to law, wilfully or negligently
done causes damage to another, shall indemnify the latter for the same.
• Article 20, contrary to law
• Article 21, contrary to morals   Article 21. Any person who wilfully causes loss or injury to another in
manner that is contrary to morals, good customs or public policy shall
compensate the latter for the damage.
Elements of Acts Contra Bonus Mores: (LCI)

1. There is a Legal act;
2. But which is Contrary to morals, good customs, public order
or public policy; and
3. It is done with Intent to injure
Principle of Solutio Indebiti (Art. 22)
Under this principle, you do not have Accion in Rem Verso: It is an action for recovery of what has been paid
to make unjust enrichment against without just cause.
another person. No unjust
enrichment.   Application:
1. When a thing is acquired by or comes into possession of another
2. The acquisition be undue and at the expense of another, (without
just or legal ground).  
Requisites:
1. Enrichment is without Just or legal ground;
2. Defendant has been Enriched;
3. Plaintiff has suffered a Loss; and
4. He has no other Action based on contract, quasi–contract,
crime or quasi–delict
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Civil Personality (Art. 37)
Person with juridical capacity but Juridical capacity, which is the fitness to be the subject of legal relations, is
without capacity to act yet: Child, inherent in every natural person and is lost only through death.
can already be an heir or donee
provided it complies with the • Nature: Fitness to be the subject of legal relations
provisions of Article 40 and 41 of the • Status: Passive
NCC. • Acquisition: Inherent
• Effect of Death: Lost only through death
Capacity to act, which is the power to do acts with legal effect, is acquired
and may be lost.
• Nature: Power to do acts with legal effects

• Status: Active
• Acquisition: Merely acquired
• Effect of Death: Lost through death and restricted by other
causes
Restrictions on Capacity to Act (Art. 38)
• What can you not do if you are a 1. Minority;

minor and if you did that, that 2. Insanity or imbecility
act is null and void? Enter into a 3. State of being deaf mute
contract of marriage 4. Prodigality - It is the state of squandering money or property with a
• What can you not do if you deaf morbid desire to prejudice the heirs of a person
or deaf mute or even blind? Be 5. Civil Interdiction
a witness to a will but you can
be a testator under Art. 807 and The same do not exempt the incapacitated person from certain obligations
808 as when the latter arise from his acts or from property relations such as
easements
Modifiers or Limitations on Capacity to Act (Art. 39)
• What can you not do if you are

married to each other? Donate
to each other except moderate
gifts in times of family rejoicing
• What can you not do if you are a
foreigner in the PH? Buy a
1. Family Relations;
property in the PH except by
2. Insanity;
hereditary succession (intestate
3. Imbecility;
succession)
4. Insolvency;
• What can you not do if you are a
5. Trusteeship;
prodigal or spendthrift or have
6. Penalty;
been declared insolvent?
7. Prodigality; Age;
Manage your own property
8. Alienage;
9. Absence
10. State of being Deaf Mute
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Natural Persons (Art. 40-43)
Father and son, travelling together. General Rule:: Birth determines the personality of the child.
Father married to a wife and the son
is also married to a wife. If you are Exception: The civil personality of the child shall commence from the time
the wife of the father, what is your of its conception, for all purposes favorable to him, subject to the
contention on who died first? Father requirements of Article 41 of the Civil Code
or son? SON. If the son died first, the • A conceived child is already entitled to support from its
father will inherit from the son. And progenitors and can be acknowledged even before it is born
after the death of the father, the wife
of the father will inherit.   When is a Child considered BORN?
1. Seven (7) months or more (ordinary)
• Parties MUST be related to each • Alive upon complete delivery
other. Inherit from each other. • Even if the child dies within twenty-four (24) hours
• Death must be alleged and
proved. If not proved who died 2. Less than seven (7) months (extraordinary)
ahead of the other, presume • Alive upon complete delivery and at least twenty-four (24) hours
that they died at the same time. thereafter
No transmission of successional
rights of each other. Extinguishment: By Death
• Presumptions under Rules of
Evidence, persons are not Presumption of Survivorship: If there is doubt as to whom, between or
related. among two or more persons called to succeed each other, died first, the
following rules shall apply:
1. Whoever alleges the death of one prior to the other shall prove
the same; and
2. In the absence of proof, it shall be presumed that they died at
the same time. There shall be no transmission of rights from one
another
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FAMILY CODE
Executive Order No. 209; August 3, 1988
Definition of Marriage (Art. 1)
A special contract of permanent union between a man and a woman entered

into in accordance with law for the establishment of conjugal and family life.
Marriage has only two parties which must be a biological man and a
biological woman. It is not subject to any stipulation. It is terminated,
generally, by the death of one spouse. Judicially, by declaration of
annulment or declaration of nullity of marriage or a divorce decree
obtained by the alien spouse. No any stipulations allowed except the
stipulation of fixing the property relations of the spouses.
Essential Requisites of a Valid Marriage (Art. 2)
1. Legal capacity of the contracting parties who must be a male and a

female;
2. Consent freely given in the presence of the solemnizing officer.
• voluntarily and intelligently given; no vice or defect of consent
otherwise the marriage shall become voidable. If there is any
intimidation, force or duress or any mistake, or if there is any
concealment or fraud that will make the marriage voidable.
Formal Requisites of a Valid Marriage (Art. 3)
1. Authority of the solemnizing officer; - Relate to Art. 7

i. Any incumbent member of the judiciary within the court's
jurisdiction;
ii. Any priest, rabbi, imam, or minister of any church or religious
sect duly authorized by his church or religious sect and
registered with the civil registrar general, acting within the limits
of the written authority granted by his church or religious sect
and provided that at least one of the contracting parties belongs
to the solemnizing officer's church or religious sect;
iii. Any ship captain or airplane chief only in the case mentioned in
Article 31; (Articulo Mortis)
iv. Any military commander of a unit to which a chaplain is
assigned, in the absence of the latter, during a military
operation, likewise only in the cases mentioned in Article 32;
v. Any consul-general, consul or vice-consul in the case provided in
Article 10
• As to marriages solemnized by consuls, both contracting
parties must be Filipino citizens
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2. A valid marriage license

• Exceptions provided under Ch 2; Articles 27-34
• Effectivity: 120 days from the date of issuance and effective
anywhere in the Philippines
• If you obtained a marriage license in the PH and later on, you
want to get married abroad, can you bring that marriage license
abroad? NO, you have to obtain another marriage license issued
by the consul, vice consul or consul general who will act as the
local civil registrar and as the solemnizing officer.
• Applied Before and Issued by: Local Civil Registry of the place
where either of the contracting parties habitually resides
Requirements for Marriage License:

1. Names of the contracting parties and their addresses
2. Age and date of Birth
• Birth certficates (or baptismal certificates) shall be presented to
the LCR.
• If 18-21, attach parental consent from the father, mother,
surviving parent or guardian.
• If 21-25, attach parental advice.
• In addition to these two, there is also a need to secure a
marriage counselling certificate. If no favorable parental advice
or no marriage counselling certificate, the LCR may suspend the
issuance of the marriage license within 90 days. The LCR’s
function to issue marriage license is merely ministerial hence, he
cannot refuse to issue such unless there is a court order.
3. Posting or publication requirement of notice by the LCR: Notice to

everyone, requesting them to report to him if there is a legal
impediment. If there is such, he may not refuse to issue such but merely
note in the application the said legal impediment. And unless there is a
court order preventing the LCR to issue the marriage license, then he is
mandated under the law to issue such after the 10-day posting of notice
and the payment of legal fees.  
4. If one or both of the contracting parties had a prior marriage, attach in

the application of the marriage license either of the following:
• the death certificate of the previous spouse in case of death,
• certificates of annulment, declaration of nullity or divorce in case
there is a judicial declaration of annulment, nullity of marriage or
divorce.  
5. If one of the contracting parties is a foreigner, attach in the application

the certificate of legal capacity to contract marriage in the PH taken
from the embassy or consulate of the said foreigner.  
6. If the foreigner is a stateless person or is a refugee, execute an

affidavit stating such fact and that he is legally capacitated to contract
marriage in the PH.
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Exceptions to the Requirement of Marriage License (Art.27-34)
1. Among Muslims or members of ethnic cultural communities solemnized

in accordance with their customs, rites, and practices
2. Marriage in Articulo Mortis - marriage remains valid even if spouse at
the point of death subsequently survives (Art. 27)
3. In Remote place - residence of either party is so located that there is no
means of transportation to enable them to personally appear before the
local civil registrar (Art. 28)
4. Affidavit of Cohabitation - marriage between a man and a woman who
have previously cohabited for at least five (5) years
i. The man and woman must have been living as husband and wife
for at least five (5) years before the marriage;
ii. The parties must have no legal impediment to marry each other;
iii. The fact of absence of legal impediment between the parties
must be present during cohabitation period and at the time of
marriage;
iv. The parties must execute an affidavit before any person
authorized by law to administer oaths stating that they have
lived together for at least five (5) years (and are without legal
impediment to marry each other); and
v. The solemnizing officer must execute a sworn statement that he
had ascertained the qualifications of the parties and that he had
found no legal impediment to their marriage
5. Solemnized Outside the Philippines where no marriage license is
required by the country where they were solemnized (Art. 26 (1))
A marriage ceremony withour a

presence of a witness is still valid.
Absence of witnesses is a mere
irregularity which will not affect the
validity of marriage. The solemnizing
officer will be penalized civilly,
criminally, or administratively. He 3. A marriage ceremony which takes place with the appearance of the
could have seen that at least two contracting parties before the solemnizing officer and their personal
witnesses are present at the time of declaration that they take each other as husband and wife in the
the marriage ceremony.   presence of not less than two witnesses of legal age
• No prescribed form or religious rite for solemnization of marriage is

required.
• Must be in a public place
• The minimum requirement is that the contracting parties must
personally appear before the solemnizing officer and personally declare
that they take each other as husband and wife in the presence of at
least two witnesses of legal age.
• The absence of two (2) witnesses of legal age is merely an
irregularity but the party responsible for the irregularity shall be
civilly, criminally, and administratively liable
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Marriage Celebrated Outside the Philippines (Art. 26, par. 2)
Where a marriage between a Filipino citizen and a foreigner is validly

celebrated and a divorce is thereafter validly obtained abroad by the alien
spouse capacitating him or her to remarry, the Filipino spouse shall have
capacity to remarry under Philippine law.
• The capacity to remarry must be expressly stated in the divorce decree.

• Republic vs. Manalo (2018)
• A divorce decree obtained by a FILIPINO spouse abroad is valid
and such foreign judgment may be recognized in the
Philippines in accordance with the Rules of Court for the purpose
of remarriage or to just clear her status. (Rule 39 or 108)
• The legislative intent is for the benefit of the Filipino spouse, by
clarifying his/her marital status, settling doubts created by the
divorce decree.
• Applying the decision of the SC in the case of Van Dorn vs.
Romillo, Jr: “To maintain, that under our laws, the Filipino
spouse to be considered still married to the alien spouse and
still subject to a wife’s obligation cannot be just. The Filipino
spouse should not be obliged to live together with, observe
respect and fidelity, and render support to the alien spouse. She
should not be discriminated against in her own country if the
ends of justice are to be served.
VOID MARRIAGES (Art. 35)
  1. Those contracted by any party below eighteen years of age even with
the consent of parents or guardians;
2. Those solemnized by any person not legally authorized to perform
marriages
• unless such marriages were contracted with either or both
parties believing in good faith that the solemnizing officer had
the legal authority to do so;
3. Those solemnized without license, except those covered the preceding
Chapter;
4. Those bigamous or polygamous marriages not failing under Article 41;
5. Those contracted through mistake of one contracting party as to the
identity of the other; and
6. Those subsequent marriages that are void under Article 53.
• Relate to Art. 52
• When there has been a previous marriage judicially declared null
and void, to be able to contract a subsequent valid marriage,
there must be the judicial declaration of nullity or annulment that
must be obtained by you from the court, dissolution of the
property regime and distribution of the properties to the
spouses, and delivery of the presumptive legitime to the
legitimate children - all of these matters must be recorded in the
proper LCR and registry of properties.
• Otherwise, under Article 53, the subsequent marriage shall
become null and void.
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• Marriage between stepbrother Art. 37: Incestuous Marriage

and stepsister is not prohibited. • Between ascendants and descendants of any degree; and
• For purpose of remarriage, the • Between brothers and sisters, whether of the full or half blood.
period provided in Art. 391 in
p r e s u m p t i o n o f d e a t h i s Art. 38: Void by Reason of Public Policy
different: • Between collateral blood relatives whether legitimate or
• Ordinary Absence: 4yrs illegitimate, up to the fourth civil degree;
• Extraordinary: 2yrs • Between step-parents and step-children;
• Between parents-in-law and children-in-law;
• Between the adopting parent and the adopted child;
• Between the surviving spouse of the adopting parent and the
adopted child;
• Between the surviving spouse of the adopted child and the
adopter;
• Between an adopted child and a legitimate child of the adopter;
• Between adopted children of the same adopter; and
• Between parties where one, with the intention to marry the
other, killed that other person's spouse, or his or her own
spouse.
Art. 41: Bigamous Marriage

• A marriage contracted by any person during subsistence of a
previous marriage shall be null and void
• Elements of Bigamy under the RPC:
1. The offender has been legally married.
2. The marriage has not been legally dissolved or in case his
or her spouse is absent, the absent spouse could not yet
be presumed dead according to the Civil Code.
3. The offender contracts a second or subsequent marriage;
4. The second or subsequent marriage has all the essential
requisites for validity
• Exception: Before the celebration of the subsequent marriage, a
declaration of presumptive death may be obtained
1. Present spouse must file a Summary proceeding for the
declaration of the presumptive death of the absentee
without prejudice to the latter‘s reappearance;
✦ The subsequent bigamous marriage remains valid
despite reappearance of the absentee spouse.
✦ It will only terminate the subsequent marriage when
such affidavit of appearance is recorded in the LCR of
the residence of parties to subsequent marriage.
✦ XPN to the XPN: When there is a previous judgment
annulling the first marriage.
✦ Note: Absentee’s mere reappearance will not
prejudice the subsequent marriage.
2. Absence of the other spouse must have been for four (4)
consecutive years, or two (2) years where there was
danger of death
3. Well-founded Belief of the present spouse who wishes
to remarry that absent spouse is already dead
✦ The well-founded belief in the absentee‘s death
requires the present spouse to prove that his/her
belief was the result of diligent and reasonable
efforts to locate the absent spouse and that based
on these efforts and inquiries, he/she believes that
under the circumstances, the absent spouse is
already dead. It necessitates exertion of active effort.
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Psychological Incapacity (Art. 36)
In Te v. Yu-Te, the SC stressed that it A marriage contracted by any party who, at the time of the celebration, was
is the court, on a case to case basis, psychologically incapacitated to comply with the essential marital obligations
which determines whether a party to of marriage, shall likewise be void even if such incapacity becomes manifest
a marriage is psychologically only after its solemnization
incapacitated, and that each case
should be treated differently. • refers to a serious psychological illness afflicting a party even before the
celebration of the marriage.
In ruling that the doctrine in Republic • These are the disorders that result in the utter insensitivity or inability of
v. CA and Molina (1997) was the afflicted party to give meaning and significance to the marriage he
inapplicable, the Court declared that or she has contracted.
cases of psychological incapacity • Psychological incapacity must refer to no less than a mental (not
should be decided not on the basis physical) incapacity that causes a party to be truly incognitive of the
of a priori assumptions, predictions basic marital covenants that concomitantly must be assumed and
or generalizations but according to discharged by the parties to the marriage‖
its own facts. Courts should interpret • Requisites of Psychological Incapacity: (JIG)
the provision on a case-to-case basis; 1. Juridical Antecedence – Must be rooted in the history of the
guided by experience, the findings party antedating the marriage, although the overt manifestations
of experts and researchers in may emerge only after the marriage;
psychological disciplines, and by 2. Incurability – Must be incurable or, even if it were otherwise, the
decisions of church tribunals. While it cure would be beyond the means of the party involved; and
was not suggesting the 3. Gravity – Must be grave/serious such that the party would be
abandonment of the Molina incapable of carrying out the ordinary duties required in a
doctrine, it ruled that said doctrine marriage
has become a strait-jacket, forcing all • Jurisprudential Guidelines (Molina Doctrine):
sizes to fit into and be bound by it, 1. Incapacity must be Permanent or incurable;
and in conveniently applying said 2. Root cause of the psychological incapacity must be:
doctrine, has allowed diagnosed a. Medically or clinically identified;
sociopaths, schizophrenics, b. Alleged in the complaint;
nymphomaniacs, narcissists and the 1. Sufficiently proven by expert; and
like, to continuously debase and 2. Clearly explained in the decision
pervert the sanctity of marriage 3. Marital Obligations refer to Arts. 68–71, 220,221, 225 of the FC
4. Plaintiff has Burden of proof;
Alcoholism, Abuse, and Jealousy 5. Incapacity proven to be Existing at the time of the celebration of
Similarly, the husband‘s alleged marriage;
alcoholism, drunkenness, his habitual 6. Trial court must order the Prosecuting attorney or fiscal and the
verbal and physical abuse of the Solicitor General to appear for the state;
wife, failure to support the latter and 7. Interpretations of the National Appellate Matrimonial Tribunal of
h e r c h i l d re n , a n d u n b e a r a b l e the Catholic Church of the Philippines while not controlling
j e a l o u s y, d o n o t c o n s t i t u t e should be given great respect; and
psychological incapacity. 8. Illness is Grave enough to bring about disability to assume
essential marital obligations.
Chi Ming Tsoi: The Court held that the persistent and senseless refusal of
the husband to have sexual intercourse with the wife is considered
psychological incapacity. This is the only case where the Supreme Court held
that refusal is a point whereby there will be psychological incapacity.
Totality of Evidence: Psychological incapacity may be established by the

totality of the evidence presented. The facts alleged in the petition and the
evidence presented, considered in totality, should be sufficient to convince
the court of the psychological incapacity of the party concerned.
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Voidable Marriage (Art. 45)
• Art. 46 as to Obtaining Consent 1. That the party in whose behalf it is sought to have the marriage
of a Contracting Party Through annulled was eighteen years of age or over but below twenty-one, and
FRAUD: The enumeration in the marriage was solemnized without the consent of the parents,
Article 46 is exclusive. Hence, guardian or person having substitute parental authority over the party,
misrepresentation as to in that order, unless after attaining the age of twenty-one, such party
character, health, rank, fortune freely cohabited with the other and both lived together as husband and
or chastity is not a ground for wife;
annulment.
• No other misrepresentation or 2. That either party was of unsound mind, unless such party after coming
deceit as to character, health, to reason, freely cohabited with the other as husband and wife;
rank, fortune or chastity shall • The true test is whether the party concerned could intelligently
constitute such fraud as will give consent; that is, that he knew what contract he was entering into
grounds for action for the • Intoxication which results in lack of mental capacity to give
annulment of marriage. consent is equivalent to unsoundness of mind
3. That the consent of either party was obtained by fraud, unless such
party afterwards, with full knowledge of the facts constituting the fraud,
freely cohabited with the other as husband and wife;
• Article 46
i. Non-disclosure of a previous conviction by final judgment
of the other party of a crime involving moral turpitude;
ii. Concealment by the wife of the fact that at the time of
the marriage, she was pregnant by a man other than her
husband;
iii. Concealment of sexually transmissible disease, regardless
of its nature, existing at the time of the marriage; or
iv. Concealment of drug addiction, habitual alcoholism or
homosexuality or lesbianism existing at the time of the
marriage.
4. That the consent of either party was obtained by force, intimidation or

undue influence, unless the same having disappeared or ceased, such
party thereafter freely cohabited with the other as husband and wife;
• Violence: When in order to wrest consent, serious or irresistible
force is employed
• Intimidation: When one of the contracting parties is compelled
by a reasonable and well-grounded fear of an imminent and
grave evil upon his person or property, or upon the person or
property of his spouse, descendants or ascendants, to give his
consent
• Undue influence: It is when a person takes improper advantage
of another, depriving the latter of reasonable freedom of choice
5. That either party was physically incapable of consummating the

marriage with the other, and such incapacity continues and appears to
be incurable; or
• Article 45(5) of the Family Code refers to lack of power to
copulate. Incapacity to consummate the marriage denotes the
permanent inability on the part of the spouses to perform the
complete act of sexual intercourse.
6. That either party was afflicted with a sexually-transmissible disease

found to be serious and appears to be incurable.
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Legal Separation; Grounds (Art. 55)
• A legal separation involves 1. Repeated physical violence or grossly abusive conduct directed against
nothing more than bed- and- the petitioner, a common child, or a child of the petitioner;
board separation of the spouses
2. Physical violence or moral pressure to compel the petitioner to change
religious or political affiliation;
3. Attempt of respondent to corrupt or induce the petitioner, a common

child, or a child of the petitioner, to engage in prostitution, or
connivance in such corruption or inducement;
• Sec. 5 of RA 7610 in Child Prostitution and Other Sexual Abuse
• Sec. 6 of RA 7610 in Attempt to commit child prostitution
• RA 9262; Sexual Violence and Sec. 5 (Acts of Violence)
4. Final judgment sentencing the respondent to imprisonment of more

than six years, even if pardoned;
5. Drug addiction or habitual alcoholism of the respondent;
6. Lesbianism or homosexuality of the respondent;
7. Contracting by the respondent of a subsequent bigamous marriage,

whether in the Philippines or abroad;
• Available to the legal spouse in first valid marriage
• If the bigamous marriage were committed abroad, the guilty
party cannot be criminally prosecuted for bigamy in the
Philippines as our penal statutes are territorial in nature
8. Sexual infidelity or perversion;

• Sexual perversion includes engaging in such behavior not only
with third persons but also with the spouse
9. Attempt by the respondent against the life of the petitioner; or

• The attempt on the life of the spouse must proceed from an evil
design and not from any justifiable cause like self-defense or
from the fact that the spouse caught the other in flagrante
delicto having carnal knowledge with another man or woman
10. Abandonment of petitioner by respondent without justifiable cause

for more than one year.
• There must be absolute cessation of marital relations, duties,
and rights, with the intention of perpetual separation
• Abandonment implies total renunciation of duties. Physical
separation alone is not the full meaning of the term
abandonment
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Grounds for Denial of Legal Separation (Art. 56)
Joint manifestation: GROUNDS:

By filing in the same proceeding a 1. Condonation of act complained of
joint manifestation under oath, duly • Sexual intercourse is implied condonation
signed by the spouses (FAMILY
CODE, Art. 65) 2. Consented to the commission of the offense
  • There is consent when either of the spouses agreed to or did not
Cooling–off Period   object, despite full knowledge, to the act giving rise to a ground
Six (6) month period from the filing of for legal separation, before such act was in fact committed
the petition designed to give the • Consent is prior to the act; condonation comes after
parties enough time to further
contemplate their positions with the 3. Connivance between parties
end in view of attaining reconciliation • Denotes direction, influence, personal exertion, or other action
between them. No action for legal with knowledge and belief that such action would produce
separation shall be tried during such certain results and which results are produced
period (FAMILY CODE, Art. 58). It is a
mandatory requirement and its non- 4. Both parties gave ground for Legal Separation/ Mutual Guilt
compliance makes the decision
infirm 5. Collusion between the parties
• TLC: The court will not • It means that the spouses agree to make it appear in court that
initiate and touch the one of them has committed a ground for legal separation, or to
action after filing the suppress evidence of a valid defense to such action, for the
petition for 6 months for purpose of enabling the other to obtain a decree of legal
possible reconciliation of separation  
the spouses. However,
custody of the children, 6. Action is barred by prescription
support of the children • An action for legal separation shall be filed within five (5) years
and the innocent spouse, from time of occurrence of the cause
they can be considered
by the court even during 7. Death of either party during the pendency of the case
the cooling off period
and even before the 8. Reconciliation of the spouses during the pendency of the case.
main case is discussed in • If the spouses should reconcile, the corresponding joint
the trial of the case. manifestation under oath duly signed by them shall be filed with
  the court in the same proceeding for legal separation
No decision for petition for legal • Effects of Reconciliation of the Spouses
separation based on confession and 1. The legal separation proceedings, if still pending, shall
admission or stipulation of facts. thereby be terminated at whatever stage.
There must be a full blown trial. 2. The final decree of legal separation shall be set aside,
Again, the public prosecutor must be but the separation of property and any forfeiture of share
present to make sure that there will of the guilty spouse already affected shall subsist, unless
be no collusion between the parties, the spouses agree to revive their former property regime
and that no fabrication or
suppression of evidence.
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Effects of Filing a Petition for Legal Separation:

1. The spouses shall be entitled to Live separately from each other;
2. In the absence of an agreement between the parties, the court
shall Designate the husband, the wife, or a third person to
manage the absolute community or conjugal partnership
property
3. The husband shall have no more right to have Sexual intercourse
with his wife
Note: Even if the parents are separated de facto, still in the absence of
judicial grant of custody to one parent, both parents are entitled to the
custody of their child.
Rights and Obligations Between Husband and Wife (Art 68-73)
1. Live together
• The duty to live together includes cohabitation or consortium
and sexual intercourse. Procreation is also an essential marital
obligation considering that such obligation springs from the
universal principle that procreation of children through sexual
cooperation is the basic end of marriage
• Act of living together is a voluntary act of the spouses which
cannot be compelled by any proceeding in court.  
2. Observe mutual love, respect and fidelity;
3. Render mutual help & support;
4. Fix the family Domicile

• Both husband and wife shall fix the family domicile. In case of
disagreement, the court shall decide.
• The court may exempt one spouse from living with the other if
the latter should live abroad or there are other valid and
compelling reasons for the exemption. However, such exemption
shall not apply if the same is not compatible with the solidarity of
the family  
5. Joint responsibility for the Support of the family;

a. Expenses shall be paid from the community property;
b. In the absence thereof, from income or fruits of their separate
properties;
c. In the absence or insufficiency thereof, from their separate
properties (FAMILY CODE, Art. 70)
6. Joint Management of the household
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Property Relations Between Husband and Wife (Art. 74)
Marriage settlement is valid if it is in Governed by:

writing, signed by the parties and 1. Marriage settlements (MS) executed before the marriage or ante
executed before the marriage. Any nuptial agreements;
modifications therein must also be • Pre-nuptial agreement/ Ante-nuptial agreement
done before the marriage. It cannot • It is a contract entered into by the future spouses fixing the
happen after the marriage. Even if property regime that will govern their present and future
there was such modification after the properties during their marriage
marriage, that stipulation between • Requisites:
them will not be considered valid 1. Made Before celebration of marriage
anymore. 2. In Writing, even modifications
• Oral MS is void and cannot be ratified by any
To bind third parties, this must be claim of partial execution or absence of objection
recorded in the proper LCR and RD. • Exception: If marriage is terminated by death of
the registration of the marriage one of spouses and surviving spouse marries
settlement is only to have again without initiating settlement of properties of
constructive notice to other persons. previous marriage within one (1) year from death
As to validity, the presence of the of deceased spouse, mandatory regime of
requisites is enough. Registration is complete separation of property shall govern
not even a requirement for the property relations of subsequent marriage
validity of the marriage settlement. 3. Signed by the parties (FAMILY CODE, Art. 77);
4. Will not Prejudice third persons unless registered in the
Donation by Reason of Marriage civil registry and proper registries of property
1. In Consideration of marriage; 5. Shall Fix terms and conditions of their property relations;
2. In favor of One or both of the 6. Must NOT contain provisions contrary to law, good
future spouses; and morals, good customs, public order, and public policy, or
3. Made Before celebration of against the dignity of either spouse; and
marriage   7. Additional signatories/ parties.
• Civilly interdicted & incapacitated: It is
Rules in case of donation by the indispensable for the guardian appointed by court
would-be spouses to each other: to be made a party to the MS
1. There must be a valid MS
stipulating a property regime • If there is no marriage that happened, all the provisions
other than ACP (Art. 84) in the marriage settlement are considered void because
2. General Rule: Donation in MS the purpose of the marriage settlement is to govern and
not more than One-fifth (1/5) of control the property relationship during the marriage
present property (Art. 84) except when there are stipulations that do not depend
3. Accepted by would-be spouse; upon the celebration of marriage.
4. Complies with requisites in Title • Example of such stipulation is the recognition of an
II of Book II of Civil Code on illegitimate child. If the parties had premarital sex, and
Donations. later on there was a child who was born, the child is
considered illegitimate because there was no marriage
yet. However, when they decided to get married to each
other, they executed a marriage settlement. They
stipulated therein that they have already an illegitimate
child and they recognize such child. That recognition will
stand, it will continue despite the fact that there was no
marriage that happened between the parties. This
document can be used as a document of filiation, an
acknowledgement voluntarily done by the parties.
2. Provisions of the Family Code;

3. Local customs when spouses repudiate ACP
4. Rules on co-ownership will apply in the absence of local customs.
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Systems of Property Regime
I. Absolute Community of Property
• The property regime of the spouses in the absence of a marriage

settlement or when the marriage settlement is void. This is so because it
is more in keeping with Filipino culture.
• General Rule: Community property shall consist of all property owned
by the spouses at the time of the marriage or acquired thereafter
(FAMILY CODE, Art. 91).
• Exceptions: (BEG)
1. Property, including fruits and income thereof, acquired Before
the marriage by either spouse who has legitimate descendants
by a former marriage;
2. Property for personal and Exclusive use except jewelry; and
3. Property acquired during the marriage by Gratuitous title,
including fruits and income thereof, except when the donor,
testator or grantor expressly provides otherwise
• Presumption: Property acquired during the marriage is presumed to
belong to the community, unless otherwise proven. It is not rebutted by
the mere fact that the Certificate of Title is in the name of only one
spouse
Disposition of CPG II. Conjugal Partnership of Gains

• A wife‘s consent to the
husband‘s disposition of • It is that formed by a husband and wife whereby they place in a
conjugal property does not common fund the proceeds, products, fruits and income of their
always have to be explicit or set separate properties, and those acquired by either or both spouses
forth in any particular document, through their efforts or by chance, the same to be divided between
so long as it is shown by the acts them equally (as a general rule) upon the dissolution of the marriage or
of the wife that such consent the partnership
was indeed given • The CPG shall be governed by the rules on the contract on
• The sale of conjugal property partnership in all that is not in conflict with what is provided in the
requires the consent of both chapter on CPG or by the spouses in their MS
spouses; otherwise the sale shall • Properties under Conjugal Partnership (L2C2 FONTI)
be void, including the portion of 1. Obtained from Labor, industry, work or profession of either or
the conjugal property pertaining both spouses;
to the husband who contracted 2. Livestock existing upon dissolution of partnership in excess of
the sale number of each kind brought to the marriage by either spouse;
  3. Acquired by Chance such as winnings from gambling, but losses
therefrom shall be borne exclusively by loser-spouse;
4. Acquired during the marriage by onerous title with Conjugal
funds;
5. Fruits of the conjugal property during the marriage;
6. Acquired through Occupation such as fishing or hunting;
7. Net fruits of their exclusive property;
8. Share of either spouse in hidden Treasure (Art. 117); and
9. Interest falling due during the marriage on principal amount of
credit belonging to one spouse which is payable in partial
payments/ installments and collected during the marriage
(FAMILY CODE, Art. 119).
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THERE IS A NEED FOR MARRIAGE III. Separation of Property Regime (Exclusive Property of Each Spouse)
SETTLEMENT.
1. That which is brought to the marriage as his/her Own, whether with or
Use of Exclusive Properties: (PISI) without legitimate descendants;
1. Payment of Personal debts; 2. Acquired during the marriage by Gratuitous title;
2. Fines and Indemnities; • Exclusive Property of each Spouse: Property donated/left by will
3. Support of illegitimate children to spouses, jointly with designation of determinate shares, shall
of the owner- spouse; and pertain to donee-spouse as his/her exclusive property; in the
4. In case of Insufficiency of the absence of designation, property shall be divided between them
CPG  but shall belong to them exclusively (FAMILY CODE, Art. 113).
• Onerous Donations: If donation is onerous, charges shall be
Dominion over Exclusive Properties borne by exclusive property of donee- spouse, whenever
1. T h e s p o u s e s r e t a i n t h e advanced by the CPG (FAMILY CODE, Art. 114).
ownership, possession,
administration and enjoyment of 3. Acquired by right of Redemption, barter or exchange with property
t h e i r e x c l u s i v e p ro p e r t i e s belonging to either spouse;
(FAMILY CODE, Art. 110). • When exclusive property was redeemed through conjugal funds:
2. Either spouse may mortgage, Ownership still belongs to person who has right of redemption,
encumber, alienate or otherwise even if conjugal funds are used to redeem, subject to
dispose of his or her exclusive reimbursement.
property (R.A. 10572, Sec. 2). • When new property was acquired through separate property and
3. Transfer of administration of the conjugal funds: If separate property in addition to conjugal funds
exclusive property of either were used as part of purchase price of a new property, the new
spouse does not confer property shall be considered conjugal
ownership of the same
  4. Purchased with Exclusive money of either spouse; and  
5. Principal amount of Credit belonging to one spouse payable in partial

payments/ installments, which will be fully paid during the marriage (Art.
119)
TLC’s Discussion on ACP and CPG
• Under ACP or CPG, it commences at the precise moment of the

marriage, at the height that they are exchanging vows – this is the time
that there is now a property regime between the parties.
• There can be no waiver of rights in terms of shares and effects
during the marriage in order to protect the creditors. If a spouse
wants to waive such right, there must be judicial separation of property
or the marriage is dissolved or annulled already.
• Moreover, the waiver must be in a public instrument, recorded in the
proper LCR and RD.
• Property acquired during the marriage is always presumed to belong

to either the ACP or the CPG unless proved to be excluded.
• For this presumption to take place, it must be proved that the
property was acquired during the marriage. It may happen that the
property was already acquired by one of the spouses and ownership
was totally, fully, and absolutely vested already on one of the spouses,
but registration happened when the said spouse was already married.
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• ACP is governed by co-ownership.

• What belongs to the husband also belongs to the wife, all properties at
the time of the marriage and acquired thereafter.
• A is single, she already has a car, and house and lot, she did not have
any marriage settlement, and she entered into marriage bringing all the
properties when she was single, all the properties now belong to the
ACP and everything she may acquire thereafter. The husband is the co-
owner of these properties.
• What are excluded? These are properties: obtained by either spouse by
gratuitous title; for personal and exclusive use except jewelry; and
acquired before marriage by either spouse with legitimate descendants
by a prior marriage (to protect the interest of the legitimate
descendants).
• CPG is governed by partnership.

• There is a need of a marriage settlement for CPG to govern the
property relations.
• Under a contract of partnership, two or more persons contribute money,
property, or industry to a common fund which they may divide later on
to each other.
• The separate properties of the spouses remain their separate
properties. Only the proceeds, income, products, or the fruits are
placed in the common fund which will be, generally, divided equally
between the husband and the wife upon the dissolution of the
marriage unless there is in the marriage settlement a different
division of such.
• What are the properties excluded? These are properties: brought to the
marriage as his or her own; obtained by gratuitous title; inherited from a
preceded marriage; bought by the exclusive money of the husband or
the wife (need to show that it is really his or her own money used to buy
the property); acquired by right of redemption, barter or exchange with
his or her own property.
• There is also a need of marriage settlement in SPR.

• This may refer to present or future property which can be total or
partial separation.
• Those properties which are not separate shall belong to the ACP.
Because you have your own property, what are the attributes of
ownership? You can sell your own property even without the consent of
your spouse.
• General rule is that if the property you are selling belongs to the
ACP or CPG, written marital consent of the other spouse otherwise
the transaction is considered void. But because you are the owner,
you can dispose of the property even without the consent of the other
spouse. If you are earning your own income, you own your own
earnings. Family expenses are in proportion of their income. If
insufficient, go to the separate property. Liability to creditor is solidary.
Meaning, the creditor may go against any of the spouses. But there is a
need to prove that it redounded to the benefit of the family because if
the liability of the husband or the wife did not even redound to the
benefit of the family, then only his or her separate property will be the
one liable.
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• As a general rule, administration of the ACP or CPG belongs to both

spouses jointly.
• In case of disagreement, the decision of the husband will prevail
subject to recourse of the wife to the court within 5 years from the date
of the contract implementing the decision of the husband. The court will
be the one to decide whether the decision of the husband is correct.
• Incapacity of one spouse, the other spouse will be the administrator of

the property.
• Sole administration by the other spouse does not include disposition or
alienation of the property. Without order of the court or consent by the
other spouse, any disposition is considered null and void. That’s the
reason why you need a written marital consent if you are selling a
property that belongs to the ACP or CPG There is a co-ownership.
• Termination of the ACP or CGP

1. death of either spouse;
2. decree of legal separation;
3. marriage is annulled or declared void; and judicial separation of
property during marriage.
• You do not need to wait for the death of both. There must be a
liquidation of the estate within one year whether judicial or
extrajudicial. If there is no liquidation, any disposition or encumbrance
will be considered void.
• If one spouse died, and there is no liquidation of the estate of the
decedent, and the surviving spouse married again, what is the effect?
• The subsequent marriage is valid. However, the property
relationship between the subsequent spouses will now be
governed by a complete separation of property regime. Only
the property relationship is affected but the marriage remains
valid because the previous spouse is already dead.
• How do you liquidate the ACP or CPG?

• Make an inventory of the properties which belong to the ACP or
CPG and which are exclusive.
• Three columns: property of the husband, property of the wife,
and common property (ACP or CPG).
• Then you find out whether there are debts which are left unpaid.
• As a general rule, the debts must be paid out of the assets of the
ACP or the CPG. But you have to prove that these debts or
obligations redounded to the benefit of the family.
• This is always the presumption unless proven otherwise.
• If insufficient, that is the time that separate properties of the spouses
can be liable. Balance on exclusive property, you deliver to the spouses.
Net assets (gross minus debts), as a general rule, should be equally
divided between spouses unless there is a different agreement in the
marriage settlement.
• Presumptive legitimes must be delivered to the common children.
• Conjugal dwelling and the lot will belong to the spouse with whom
majority of the children choose to remain.
• Custody of the child, if below 7, shall belong to the mother unless
there will be compelling reasons. The basis of the court is the best
interest of the children.
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• Separation de facto between husband and wife does not affect the
ACP or CPG except when one spouse leaves without any justifiable
reason then he or she does not have any support at all.
• He or she is not entitled to support. He or she should come back to the
conjugal dwelling if he or she wants to be supported otherwise not
support from the other spouse at all.
• Consent of one spouse is needed to any transaction. If a wife needs

to sell one parcel of land and she cannot locate her husband and she
does not know his whereabouts, she may go to the court.
• Summary judicial proceeding can be done. Judicial authorization will be
done by the court. It is governed by summary judicial proceeding.
• Absence of sufficient ACP or CPG assets, again go to court.

• This time, separate properties of both spouses shall be solidarily liable
for support of the family. When one spouse without just cause abandons
the other, summary judicial proceeding again. Court petition for
receivership, administration, separation of property, these can all be
done under summary judicial proceedings.
• When can be administration of the properties of one spouse

transferred to another spouse?
• If the husband become incapacitated or judicially declared an
absentee or civil interdiction was imposed upon him or if he
becomes fugitive from justice and is now hiding as an accused,
the court will be the one to declare the wife as the one who
should be the administrator of his exclusive property.
• If there is imprisonment with accessory penalty of civil
interdiction, this person cannot even manage his own property.
He cannot even administer his own property. Therefore, it can
now be transferred to the other spouse.
• If the other spouse is not qualified, the FC said that any suitable
person shall be the administrator. No definite person, not even a
relative, so even a stranger can be appointed by the court to
administer the property.
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• It is wrong to say that there can be termination of ACP or CPG only

when there is dissolution of marriage.
• Even during a valid marriage, there can be a judicial separation of
property during the marriage (Art 134 to 138).
• However, you have a sufficient cause such as penalty with civil
interdiction, spouse was judicially declared an absentee, judicial decree
of loss of parental authority, abandonment, failure to comply with family
obligation, administrator spouse abused the power, and if there is a de
facto separation for at least one year AND reconciliation is highly
improbable.
• So, if you have these sufficient causes, even during a valid marriage, you
can ask the court a judicial separation of property. But even of you do
not have these causes, the spouses can voluntarily petition the court for
the separation of the property.
• File a verified petition before the court and the creditors must be
notified and protected and there will now be a declaration by the court.
Separation of property is now applicable.
• This time, the court will be the one to determine what properties will
now be considered separate property.
• The judicial declaration of separation must be recorded with the
proper LCR or RD to bind third parties.
• Whether it is for sufficient causes or whether it is voluntary dissolution,
can you still revive the former property regime?
• Yes, joint petition of the spouses for the revival of the former
property regime before the same court. If voluntary dissolution
and there is revival later on, no voluntary dissolution may
thereafter be granted.
• One voluntary dissolution and one revival and that’s it.
• However, if there is sufficient cause, every time that there is a
ground, you can go to court. One after the other. If there is a
ground, you can file for separation and then ask for revival. If
there is another ground, you can ask again for separation.
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THE FAMILY
The Family as an Institution (Art. 149)
The family, being the foundation of the nation, is a basic social institution
which public policy cherishes and protects. Consequently, family relations are
governed by law and no custom, practice or agreement destructive of the
family shall be recognized or given effect.
Family relations include those:

1. Between husband and wife;
2. Between parents and children;
3. Among other ascendants and descendants
4. Among brothers and sisters, whether of the full or half-blood.
Mandatory Prior Recourse to Compromise

• General Rule: No suit between members of the same family shall
prosper unless it appears from the verified complaint or petition that
earnest efforts toward a compromise have been made, and that the
same have failed. If it is shown that no such efforts were in fact made,
the case must be dismissed
• Exceptions:
1. When a stranger is involved in the suit; 
Reason: The interest of such stranger may differ from the interest
of members of the same family.
2. In cases where the compromise is invalid (CIVIL CODE, Articles
2034 and 2035): (C2V JAF2)
1. Civil status of persons;
2. Criminal aspect of crimes;
3. Validity of marriage or a legal separation;
4. Jurisdiction of courts;
5. Any ground for legal separation;
6. Future support; and
7. Future legitime.  
• Family Home: It is constituted jointly by the husband and the wife or by

an unmarried head of the family. It is the dwelling house where they and
their family reside, and the land on which it is situated.
• GR: The family home is exempt from execution.
• Exceptions:
1. Debts incurred Prior to constitution of the family home
2. Debts due to Laborers, mechanics, architects, builders,
material men and others who have rendered service or
furnished materials for the construction of the building
3. Debts secured by Mortgages on family home
4. Non–payment of taxes on home
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TLC Notes:
Family home, as a general rule, is exempt from forced sale, execution, or attachment except non- payment of taxes,
debts incurred prior to the constitution of the family home, debts secured by mortgages on the premises before or
after the constitution, debts due to builders, suppliers who help you build your family home - you cannot deny them
of their income because they already gave their services and they also gave the materials for you to be able to
construct your family home. Another one is under Article 160. If you can prove that you have a valid claim, a creditor
who gave credit to the spouses, and you can further prove that the value of the family home is no longer 200k or
300k, then the family home can be subject of execution. How do we apply the proceeds of the execution sale?
Assuming the proceeds is 1M and the family home is located in an urban area and the credit is 500k, deduct from
the 1M first the value of the property located in urban area which is 300k, next deduct the obligation which is 500k.
The value of the family home of 300k should be given to the spouses in order for them to construct again a family
home. The 500k should be given to the creditor entitled to the valid claim. The balance of 200k can now be given
again to the judgment debtors.
Actual value of the family home is 200k in rural areas and 300k in urban areas.
The family home may be sold, alienated, or donated PROVIDED it is with the written consent of the person who
constituted the family home. Moreover, the majority of the beneficiaries of legal age and if there is minor, he must
be represented by a guardian, they must also consent in writing. If there is any dispute or conflict, then the court will
be the one to decide whether it is proper to sell or alienate the family home. You cannot just sell it outright.
Paternity and Filiation
• Paternity: It is the civil status or relationship of the father to the child.

• Filiation: It is the civil status or relationship of the child to the father or
mother.
• Legitimate Children (VA2SM)
1. Those conceived or born during a Valid marriage (FAMILY
CODE, Art. 164);
2. Those conceived or born before the judgment of Annulment or
absolute nullity of marriage if the ground is psychological
incapacity (FAMILY CODE, Art. 54);
3. Product of Artificial insemination provided both spouses
authorized or ratified such procedure in a written instrument,
executed and signed before birth of child and recorded in the
civil registry together with the birth certificate of the child
(FAMILY CODE, Art. 164);
4. Those born in a Subsequent void marriage due to failure to
comply with Art. 52 and 53 (FAMILY CODE, Art. 54); and
5. Conceived or born of Mothers who might have declared against
its legitimacy or was sentenced as an adulteress (FAMILY CODE,
Art. 167).
• Illegitimate Children
• Conceived and born outside a valid marriage or inside a void ab
initio marriage such as bigamous and incestuous marriages and
marriage declared void for being contrary to law and public
policy (FAMILY CODE, Art. 165).
/wncverder Page !26

Bar 2018
• Rules on Impugning Legitimacy

• Arts. 166 and 167 of the Family Code necessarily applies only to
a situation where the child has been delivered by a woman who
is the child‘s natural mother. It does not apply where the child is
alleged not to be the biological child of a certain couple.
• In the event that any of the grounds enumerated in Art. 166 is
proven, the child will neither be legitimate nor illegitimate in so
far as the husband is concerned. Simply, the husband and the
child will not be related to each other in any manner considering
that the husband did not participate in any way as to the child‘s
procreation. In so far as the mother is concerned, the child will
be considered illegitimate.
• Grounds for Impugning Legitimacy

1. Physical impossibility of the husband to have sexual intercourse
with his wife within the first 120 days of the 300 days
immediately preceding the child‘s birth, due to:
a. Physical incapacity of the husband;
b. Husband and the wife were living separately;
c. Serious illness of the husband which absolutely
prevented sexual intercourse  
2. Biological or scientific proof that the child could not have been
that of the husband  
3. Vitiated Consent in artificial insemination.  
• Prescriptive Periods to Impugn Legitimacy:

1. One (1) year from knowledge of birth or recording in the civil
register, if husband or heirs live in the SAME city/municipality
where the birth took place or was recorded.
2. Two (2) years, if both reside in the Philippines.
3. Three (3) years, if the child‘s birth took place or was recorded in
the Philippines while the husband has his residence abroad or
vice versa
• Parties who can Impugn Legitimacy of a Child

• General Rule: Only the husband may impugn.
• Exception: The heirs may impugn within the same period in the
following cases:
1. If the husband dies before the expiration of the period
fixed for bringing his action;
2. If he should die after the filing of the complaint without
having desisted therefrom; or
3. If the child was born after the husband‘s death (FAMILY
CODE, Art. 171).  
• Status of Children Born Within Three Hundred (300) Days from the
Termination of a First Marriage and The Celebration of A
Subsequent Marriage
1. First marriage was Terminated;
2. Mother contracted a Subsequent marriage;
3. Subsequent marriage was contracted Within three hundred (300)
days after termination of previous marriage;
4. Child was Born within 300-day period;
5. No evidence as to status of child
6.  
/wncverder Page !27
Bar 2018
• Rules on Presumption of Filiation in case of Two Marriages:

1. To first marriage, if child was born before the lapse of one
hundred eighty (180) days after celebration of 2nd marriage,
provided it was born within three hundred (300) days after
termination of the 1st marriage.
2. To second marriage, if child was born after one hundred eighty
(180) days following celebration of 2nd marriage, even though it
was born within three hundred (300) days after termination of 1st
marriage (FAMILY CODE, Art. 168).
• Illustration:
• Termination of first marriage: October 1, 2011. Celebration of
second marriage: January 1, 2012. 300th day from termination of
first marriage: July 26, 2012.
• 180th day from celebration of second marriage: June 28, 2012.
• Hence:
• Child born on or before June 28, 2012 is presumed to be
filiated to the first husband.
• Child born at any time after June 28, 2012 (even if before
July 26, 2012) is presumed to be filiated with the second
husband.
• Action to Claim Legitimacy

• Who may claim
1. Child – exclusive and personal right of child which may be
brought anytime during his lifetime, regardless of the proof
presented to support his claim.
2. Transmitted to heirs of the child within a period of five (5) years
in case:
a. Child dies during minority;
b. Child dies in a state of insanity; and
c. Child dies after action has already been instituted
Adoption
See Notes in Conflict Reviewer
Support
Support: It comprises sustenance, dwelling, clothing, medical

attendance, education and transportation in keeping with the financial
capacity of the family (FAMILY CODE, Art. 194).
Kinds: (LJC)
1. Legal – one required or given by law;
2. Judicial – required by the court to be given whether pendente
lite or in a final judgment; and
3. Conventional – given by agreement.
Characteristics: (MR P2INE)

1. Mandatory;
2. Reciprocal on the part of those who are by law bound to support
each other;
3. Personal;
4. Provisional character of support judgment;
5. Intransmissible;
6. Not subject to waiver or compensation; and
7. Exempt from attachment or execution
/wncverder Page !28

Bar 2018
Parental Authority
• Parental Authority
• It is the sum total of the right of the parents over the persons
and property of their unemancipated children. It is pursuant to
the natural right and duty of parents over the same and it
includes caring for and rearing of such children for civic
consciousness and efficiency and the development of their moral
and physical character and well-being (FAMILY CODE, Art. 209).
• Parental Preference Rule

• The natural parents, who are of good moral character and who
can reasonably provide for the child, are ordinarily entitled to
custody as against all other persons
• Parental Authority is Purely Personal

• Parental authority and responsibility are inalienable and may not
be transferred or renounced except in cases authorized by
law.The right attached to parental authority, being purely
personal, the law allows a waiver of parental authority only in
cases of adoption, guardianship and surrender to a children‘s
home or an orphan institution
• When a parent entrusts the custody of a minor to another, such
as a friend or godfather, even in a document, what is given is
merely temporary custody and it does not constitute a
renunciation of parental authority. Even if a definite renunciation
is manifest, the law still disallows the same. The father and
mother, being the natural guardians of unemancipated children,
are duty-bound and entitled to keep them in their custody and
company
• Principle of Parental Liability

• The principle of parental liability (under Art. 221) is a species of
vicarious liability, or the doctrine of imputed negligence where a
person is not only liable for torts committed by himself, but also
for torts committed by others with whom he has a certain
relationship and for whom he is responsible. Parental liability is,
in other words, anchored upon the parental authority coupled
with the presumed parental dereliction in the discharge of the
duties accompanying such authority
/wncverder Page !29

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PERSONS AND FAMILY RELATIONS

LECTURE NOTES Codal Provision Concept/Annotation

EFFECTS AND APPLICATION OF LAWS

Ignorance of the Law (Art.3 )

• Every person is presumed to

Non-Retroactivity of Laws (Art. 4)

Laws shall have no retroactive effect.

Exceptions to the Exceptions: (E–L)

LECTURE NOTES Codal Provision Concept/Annotation

Waiver of Rights (Art. 6)

Judicial Decisions (Art. 8)

• Doctrine of Stare Decisis: It enjoins adherence to judicial

• Legal Effects of Judicial Decisions

Duty of the Judge, Custom (Art. 9-12)

If the law is silent, obscure or insufficient, a judge may base his

Customs: Rules of conduct formed by repetition of acts uniformly

General Rule: Customs must be proved as a fact according to

Exception: A court may take judicial notice of a custom if there is

LECTURE NOTES Codal Provision Concept/Annotation

Rule on Periods (Art. 13)

Territoriality (Art. 14)

• All citizens, even aliens who

Nationality Doctrine (Art. 15)

Rules on Personal Law: Nationality rule applies regardless

LECTURE NOTES Codal Provision Concept/Annotation

Laws on Real and Personal Property (Art. 16)

Coverage: Real and Personal Property

General Rule: Paragraph 1

Laws on Forms and Solemnities (Art. 17)

Coverage: Extrinsic Validity of Contracts (Forms & Solemnities)

Lex Loci Celebrationis: Forms and solemnities of contracts, wills, and

Conflict of Laws Doctrines

2. Doctrine of Processual Presumption: If the foreign law is not properly

3. Forum Non Conveniens: A Court, in a conflict of laws case, may refuse

LECTURE NOTES Codal Provision Concept/Annotation

Abuse of Right Principle (Art. 19)

Elements of Abuse of Rights:

Damages for Abuse of Right (Art. 20-21)

Elements of Acts Contra Bonus Mores: (LCI)

Principle of Solutio Indebiti (Art. 22)

LECTURE NOTES Codal Provision Concept/Annotation

Civil Personality (Art. 37)

• Nature: Power to do acts with legal effects

Restrictions on Capacity to Act (Art. 38)

• What can you not do if you are a 1. Minority;

Modifiers or Limitations on Capacity to Act (Art. 39)

• What can you not do if you are

LECTURE NOTES Codal Provision Concept/Annotation

Natural Persons (Art. 40-43)

LECTURE NOTES Codal Provision Concept/Annotation

Definition of Marriage (Art. 1)

A special contract of permanent union between a man and a woman entered

Essential Requisites of a Valid Marriage (Art. 2)

1. Legal capacity of the contracting parties who must be a male and a

Formal Requisites of a Valid Marriage (Art. 3)

1. Authority of the solemnizing officer; - Relate to Art. 7

LECTURE NOTES Codal Provision Concept/Annotation

2. A valid marriage license

Requirements for Marriage License:

3. Posting or publication requirement of notice by the LCR: Notice to

4. If one or both of the contracting parties had a prior marriage, attach in

5. If one of the contracting parties is a foreigner, attach in the application

6. If the foreigner is a stateless person or is a refugee, execute an