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LAW ON PERSONS AND FAMILY RELATIONS - When the law is penal insofar as it favors the accused who is not a

habitual criminal, even though at the time of the enactment of such law
The NCC took effect on August 30, 1950 final sentence has already been rendered (Art. 22 of RPC)
- When the law is procedural so long as it does not affect or change
PRELIMINARY TITLE vested rights (Aguillon vs. Dir. of Lands)
- When the law creates new substantive rights (Art. 2263; Bona vs.
When laws take effect: Briones)
- General Rule: 15 days after completion of publication in OG or - When the law is curative in character in the sense that the purpose
newspaper of general circulation for its enactment is to cure defects or imperfections in judicial or
- Exception: The law can provide for its own date of effectivity (it could administrative proceedings
be lesser or greater than 15 days after publication) - When the law is interpretative of other laws
Publication is mandatory and must be in full - Emergency laws
- Its purpose is to inform the public of its contents * An act executed against provisions of mandatory or prohibitory laws
- Through publication, the people are deemed to have conclusively been shall be void
notified of the law even if they have not read them Except:
Coverage: - Where the law itself authorizes its validity (sweepstakes, horse racing)
- Presidential Decrees and Executive Orders - Where a marriage was solemnized by a person who does not have
- Administrative rules and regulations, if their purpose is to enforce or legal authority, but the party or parties believing in good faith, that such
implement existing law pursuant to a valid legislation person has the authority to do so, then the marriage is valid but the
NOT Covered by the publication requirement: person who solemnized the same shall be criminally liable
- Interpretative regulations and those administrative regulations internal - Where the law itself authorizes its validity, but punishes the violator
in nature o A widow who remarries before the lapse of 300 days after the
- Letters of Instructions death of her husband is liable to criminal prosecution, but the
- Municipal ordinances (because they are covered by the Local marriage itself is valid
Government Code; ”LGC”) - Where the law merely makes the act voidable
Ignorantia legis neminem excusat – Ignorance of the law excuses no one o A marriage celebrated through violence or intimidation or
from compliance therewith (Art. 3) physical incapacity or fraud is valid until it is annulled by a
- It gives a conclusive presumption of law competent court
- It is based on expediency as well as public policy and necessity - Where the law declares the act as void, but recognizes legal effects as
- The rule refers only to mistakes with regard to the existence of a law arising from it
rather than to mistakes with regard to the application or interpretation of o Children born of void marriage are classified as illegitimate
a difficult or doubtful question of law or with regard to the effect of a children entitled to the rights provided for in Art. 176 of the FC
certain contract or transaction * Generally, rights may be waived
* Generally, laws are NOT retroactive Waiver is prohibited and may be declared null and void when:
Except: - It is contrary to law, public order, public policy, morals, or good customs
- When the law itself expressly provides for its retroactivity (Art. 4) - When prejudicial to a third person with a right recognized by law (Art. 6)
o Except: Waiver is considered void in such instances as:
 Ex post facto law - Waiver of future support
 When retroactivity impairs the obligation of contract - Waiver of political rights
- Waiver of future inheritance especially if the waiver is intended to
prejudice creditors
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Requisites of a valid waiver: - Legis interpretado legis vim obtinet (the interpretation placed upon the
- Person making the waiver must have the right he is waiving written law by a competent court has the force of law)
- He must have the capacity to make the waiver - Requires courts to follow the rule established in earlier SC decisions
- The waiver must be made in a clear an unequivocal manner which is deemed as the contemporaneous legislative intent of the law
- Such waiver is not contrary to law, public order, public policy, morals or - The doctrine, however, is not inflexible, so that when in the light of
good customs, or is prejudicial to third person changing conditions, a rule has ceased to be beneficial to the society,
- If required, formalities must be complied with courts may depart from it
Repeal of Laws: - Lex prospicit, non respicit (only when a prior ruling of the court finds
1. Express repeal – repeal of repealing law will not revive the old law itself later overruleld, and a different view is adopted, that the new
(unless expressly provided) doctrine may be applied prospectively in favor of parties who have
2. Implied repeal – the provisions of the subsequent law are incompatible relied on the old doctrine and have acted in good faith in accordance
with those of the previous law therewith)
a. Requisites: Applicability of Laws:
i. Both laws cover the same subject matter 1. Penal Laws – principle of territoriality applies, those of public security
ii. The latter law is repugnant to the earlier law and safety – obligatory upon all who live or sojourn in the Philippines
Customs – rules of conduct formed by repetition of acts, uniformly observed as 2. Status Laws – principle of nationality applies, Laws relating to family
a social rule, legally binding, and obligatory rights and duties or to the status, condition and legal capacity of
- It is a juridical rule, which results from a constant and continued uniform persons binding upon Filipino citizens even though living abroad
practice by the members of a social community, with respect to a a. Exception: Art. 26[2] of Family Code
particular state of facts, and observed with a conviction that it is 3. Laws on property – lex rei stiae; real property as well as personal
juridically obligatory property is subject to the law of the country where it is situated
- The custom must be proved as a fact, according to the rules of 4. Laws on forms and solemnities – lex loci celebrationis applies
evidence (Art. 12). Rules on Intrinsic Validity of Contracts:
- Judicial custom must be differentiated from social custom. - Law stipulated by parties shall be applied
o Judicial custom can supplement statutory law or applied in the - In default thereof, and the parties are of the same nationality, their
absence of such statute national law shall be applied
o Not so with social custom - If the parties are of different nationalities, the law of the place of the
- Custom, even if proven, cannot prevail over a statutory rule or even a perfection of the obligation or of the performance shall govern its
legal rule enunciated by Supreme Court fulfillment
Requisites for making custom an obligatory rule: ~ PUG-CGC - If the above places are not specified and they cannot be deduced from
- Plurality of facts (repeatedly done) the nature and circumstances of the obligation, then the law of the
- Uniformity of acts passive subject shall apply
- General practice by the great mass of the people of the country or the - RENVOI DOCTRINE: Where the conflict rules of the forum refer to a
community foreign law, and the latter refers it back to the internal law, the latter law
- Continued practice for a long period of time (law of forum) shall apply
- General conviction that the practice is the proper rule of conduct - TRANSMISSION THEORY: Where in the revoi doctrine, the foreign law
o The community accepts it as a proper way of acting, such that refers it to the law of a third party/state, the forum shall then apply the
it is considered obligatory upon all third party law.
- Conformity with law, morals, or public policy o In such case, the reference is “across” rather than “back”
Stare Decisis – expresses that judicial decisions interpreting the law shall form Conflict Rules:
part of the Philippine legal system (Art. 8)
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Lex Nationalis Les Rae Sitae Lex Loci Abuse of rights is actionable.
Celebrationis - It is based upon the famous maxim suum jus summa injuria (the abuse
Art. 15 Art. 16 Art. 17 of a right is the greatest possible wrong)
Basis: Citizenship Basis: Law of the place Basis: Law of the place - Requisites to be actionable:
where the property is where the contract was o There is a legal right or duty
situated executed o Which is exercised in bad faith
Covers: Family rights Covers: Real and Covers: Only forms o For the sole intent of prejudicing or injuring another (Albenson
and duties, status, personal property and solemnities Enterprises Corp. vs. CA)
condition, and legal (Extrinsic validity)
capacity Art. 19 Art. 20 Art. 21
Exception: Art. 26[2] of Exception: Exception: Abuse of rights General sanction for all Acts contra bonus
the Family Code 1. Capacity to 1. Art. 26[1] of other provisions of law mores
succeed the Family which do not specially
2. Intrinsic Code provide for their own
validity of the (marriage sanction
will involving
3. Amount of Filipinos Actus Contra Bonus Mores – presupposes loss or injury, material or
successional solemnized otherwise, which one may differ as a result of such violation
rights abroad, when Elements:
4. Order of such are void - There is an act which is legal
succession in the - But which is contrary to morals, good custom, public order, or public
Philippines) policy
2. Intrinsic - It is down with intent to injure
validity of * Malice or bad faith is the core of Arts. 19, 20, and 21
contracts - It implies a conscious and intentional design to do a wrongful act for a
dishonest purpose or moral obliquity
• Formalities for the acquisition, encumbering and alienation of property - It must be sustained by evidence
shall not be governed by lex rae sitae but by lex loci celebrationis Doctrine of Volenti Non Fit Injuria (to which person assents is not esteemed
• Art. 17[1], which speaks of the extrinsic validity of contracts, wills, and in law as injury)
other public instruments, is silent on what law shall govern the intrinsic - Pertains to self-inflicted injuries or to the consent to injuries
validity of contracts - It precludes the recovery of damages by one who has knowingly and
Doctrine of Processual Presumptions – the foreign law, whenever voluntarily exposed himself to danger, even if he is not negligent in
applicable, should be proved by the proponent thereof; otherwise, such law doing so
shall be presumed as exactly the same as the law of the forum Action in Rem Verso (Art. 22) – action for recovery of what has been paid
Rules on Prohibitive Laws: without just cause
- Prohibitive laws concerning persons, their acts or property and laws - Requisites:
which have for their object public order, public policy, or good customs o Defendant has been enriched
are not rendered ineffective by laws, judgments promulgated or o Plaintiff suffered a loss
conventions agreed upon in foreign country o Enrichment of defendant is without just or legal ground
- Exception: Art. 26[2] of the FC

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o Plaintiff has no other action based on contract, quasi-contract, o Civil action involves an issue intimately
crime, or quasi-delict related to the issue in criminal action
- This must be distinguished from solution indebiti where mistake is an o Resolution of issue in civil case
essential element determines whether or not the criminal
Protection of Human Dignity (Art. 26) action may proceed
- Every person shall respect the dignity, personally, privacy, and peace o Cognizance of civil case pertains to
of mind of his neighbors and other persons another tribunal
- The following and similar acts, though they may not constitute a
criminal offense, shall produce a cause of action for damages, PERSONS
prevention, and other relief:
o Prying into the privacy of another’s residence I. CIVIL PERSONALITY
o Meddling with or disturbing the private life or family relations of Kinds of Capacities:
another
o Intriguing to cause another to be alienated from his friends Juridical Capacity Capacity to Act
o Vexing or humiliating another on account of his religious Fitness to be the subject of legal Power to do act with legal effects
beliefs, lowly station in life, place of birth, physical defect, or relations
other personal condition Passive Active
Relief Against Public Officials (Art. 27) Inherent Merely acquired
- A public officer who commits a tort or other wrongful act, done in Lost only through death Lost through death and other causes
excess or beyond the scope of his duty, is not protected by his office Can exist without capacity to act Cannot exist without juridical capacity
and is personally liable therefore, like any other private individuals Cannot be limited or restricted Can be restricted, modified, or limited
Civil Actions:
- When accused is acquitted in a criminal case because his guilt was not Theories on Capacity to Act:
proved beyond reasonable doubt; plaintiff may still file a civil action for
damages for the same act or omission Theory of General Capacities Theory of Special Capacities
- Independent Civil Actions
Applies to natural persons Applies to juridical persons
o Art. 31 – Based on an obligation NOT arising from felony
One has ability to do all things with The powers of juridical persons are
o Art. 32 – Violation of civil liberties
legal effects except only in those limited only to those that are expressly
o Art. 33 – Defamation, fraud, and physical injuries
specific circumstances where the conferred upon them or those which
o Art. 34 – Police refuses/fails to render aid or protection to any
capacity to act is restrained can be implied therefrom or incidental
person in case of danger to life or property
thereto
o Art. 2176 – Quasi-delict
- Prejudicial Questions (Art. 36)
Civil Personality – is the aptitude of being the subject, active or passive, of
o General Rule: If both criminal and civil cases are filed in court,
rights and obligations
the criminal case takes precedence
Commencement of Civil Personality:
o Exceptions:
- Natural Persons
 When there is a prejudicial question or a question that
o Determined by birth, extinguished by death
arises in a case the resolution of which is a logical
o Exception:
antecedent of the issue involved herein, and the
 The law considers the conceived child as born for all
cognizance of which pertains to another tribunal
purposes favorable to it if born alive.
• Elements:
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 Therefore, the child has a presumed personality, which  Nos. 1 and 2 are created by the laws creating or
has two characteristics: recognizing them
• Limited  Private corporations are governed by the Corp. Code
• Provisional or conditional (BP 68)
o Concept of provisional personality  Partnerships and associations are governed by the
cannot be invoked to obtain damages provisions of the New Civil Code on partnerships
for and in behalf of an aborted child o Extinguished by:
o A conceived child shall be considered born for all purposes  Termination of existence
favorable to it, provided, it be born later under the following Domicile
conditions: - A minor follows the domicile of his parents
 If it is alive at the time it is completely delivered from - Domicile of origin can only be lost and a change of domicile occurs
the mother’s womb when the following requisites are present:
 BUT if it had an intra-uterine life of at least 7 months, o An actual removal or an actual change of domicile
only if it lives for at least 24 hours after its complete o A bona fide intention of abandoning the former place of
delivery from the maternal womb residence establishing a new one
o Doubts as to order of death o Acts which correspond with the purpose
 As between two or more persons called to succeed  The husband and wife shall fix the family domicile
each other, if there is doubt as to which of them died  In case of disagreement, the court shall decide
first, whoever alleges the death of prior to the other - Requisites for the acquisition of a new domicile:
shall prove the same, in the absence of proof, it is o Bodily presence in a new locality
presumed that they died at the same time and there o Intention to remain therein (animus manendi)
shall be no transmission of rights from one to the other o Intention to abandon the old domicile (animus non revertendi)
• This rule applies only to cases involving - Kinds of Domicile:
succession o Domicile of origin – received by a person at birth
o Proof of Death o Domicile of choice – the place freely chosen by a person sui
 Applies only to persons who are called to succeed juris
each other o Constructive domicile – assigned to a child by law at the time
• Otherwise, the rules of court shall apply of his birth
 The proof of death must be established by positive
evidence Citizenship
• Proof of death can never be established from - In the Philippine jurisdiction, what is followed is the concept of jus
mere inference arising from another inference sanguinis (citizenship by blood) as opposed to jus soli (citizenship by
of from presumptions or assumptions place of birth)
- Juridical Persons
o Consists of: II. MARRIAGE
 The state and its political subdivisions (Family Code)
 Other corporations, institutions, and entities for public
interest or purpose, created by law Marriage is:
 Corporations, partnerships, and associations for - A special contract
private interest or purpose - Of permanent union
o Creation: - Between a man and a woman
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- Entered into in accordance with law  At least one of the contracting parties whose marriage
- For the establishment of conjugal and family life he or she is to solemnize belongs to his or her church
Essential Requisites of Marriage: or religious sect
- Legal capacity of contracting parties o The written authority granted to a priest by his sect may impose
- Consent freely given in the presence of the solemnizing officer a limitation as to the place where he could solemnize a
Formal Requisites of Marriage: marriage
- Authority of the solemnizing officer - Ship captain or airplane chief
- Valid marriage license o Requisites:
o Valid only for 120 days from issue in any part of the Philippines  The marriage must be in articulo mortis (at least one of
o Except in cases where a marriage license is not required the parties is at the point of death)
- Marriage ceremony  The marriage must be between passengers or crew
o Where the contracting parties appear before the solemnizing members
officer  Generally, the ship must be at sea or the plane must
o With their personal declaration that they take each other as be in flight
husband and wife o The marriage may be solemnized during stopovers at ports of
o In the presence of not less than two witnesses of legal age call
Effects: - Military commander of a unit to which a captain is assigned
- Absence of essential of formal requisites makes the marriage void ab o Requisites:
initio  He or she must be a military commander of a unit
o Except: If the marriage is solemnized by unauthorized person, (batallion)
the marriage will still be valid if either or both contracting  He or she must be a commissioned officer
parties believed in good faith that the solemnizing officer had • His rank should start from a second lieutenant,
legal authority (Art. 35[2]) ensign and above
- Defect in any of the essential requisites makes the marriage voidable  Chaplain must be assigned to such unit
- Irregularity in any of the formal requisites does not affect the validity of  The said chaplain must be absent at the time of the
the marriage but will make the party responsible civilly, criminally, or marriage
administratively liable  The marriage must be one in articulo mortis
 The contracting parties, whether members of the
Authorized Solemnizing Officers: armed forces or civilians, must be within the zone of
- Incumbent member of the judiciary within the court’s jurisdiction military operation
o Must be incumbent, not retired • Implies a widespread military activity over an
o Only within their court’s jurisdiction area and does not refer to a simulated
- Duly authorized priest, rabbi, imam, or the minister of any church exercise because it requires absence of
or religious sect civilian authorities
o Essential Requisites: o If the chaplain is present, he must be the one who should
 Must be duly authorized by his or her church or solemnize the marriage
religious sect  The chaplain’s authority proceeds from Art. 7[2]
 Must act within the limits of the written authority o A military commander may solemnize a marriage even if the
granted to him or her by the church or religious sect contracting parties do not belong to his or her unit
 Must be registered with the civil registrar general - Consul-general, consul, or vice-consul
o Can solemnize marriage between Filipinos abroad
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o Requisites: - Absence of two witnesses of legal age during the marriage ceremony
 Both contracting parties must be Filipino citizens - Absence of a marriage certificate
• They do not have any authority or there is - Marriage solemnized in a place other than publicly in the chambers of
absence on their part of any authority to the judge or in open court, in church, chapel, or temple, or in the office
solemnize marriage between a foreigner and a of the consul-general, consul, or vice-consul
Filipino - Issuance of marriage license in city or municipality not the residence of
o Such marriage shall be Void ab initio either of the contracting parties
for want of one of the formal - Unsworn application for a marriage license
requirements of marriage (authority of - Failure of the contracting parties to present original birth certificate or
the solemnizing officer) baptismal certificate to the local civil registrar who likewise failed to ask
• HOWEVER, if the marriage between the for the same
foreigner and the Filipino citizen abroad - Failure of the contracting parties between the ages of 18 and 21 to
solemnized by a Philippine consul assigned in exhibit consent of parents or persons having legal charge of them to
that country is recognized as valid in the host the local civil registrar
country, then such marriage shall be - Failure of the contracting parties between the ages of 21 to 25 to
considered valid in the Philippines (Art. 26[1]) exhibit advice of parents to local civil registrar
 Made specifically in his place of assignment, that is - Failure to undergo marriage counseling
abroad - Failure of the local civil registrar to post the required notices
• They do not have authority to solemnize - Issuance of marriage license despite absence of publication or prior to
marriage within the territory of the Philippines the completion of the 10-day period for publication
 The solemnities established by Philippine laws shall be - Failure of the contracting parties to pay the prescribed fees for the
observed in their execution (Art. 17[2] of NCC) marriage license
o 4 classes of consular posts: - Failure of the person solemnizing the marriage to send copies of the
 Consul-general marriage certificate to the local civil registrar
 Consul - Failure of the local civil registrar to enter the applications for marriage
 Vice-consul licenses filed with him in the registry book in the order in which they
 Consul agents were received
o Only the first 3 are expressly authorized to solemnize marriage
o They also perform the duties of the local civil registrar (issues III. MARRIAGE EXEMPT FROM LICENSE REQUIREMENTS
marriage license)
- Mayor (under the Local Government Code of 1991) Marriages exempt from license requirements:
o When temporarily incapacitated to perform his duties for - Marriage in articulo mortis
physical or legal reasons, the vice-mayor or the highest ranking - If the residence of either party is so located that there is no means of
sangguniang bayan member shall discharge all the duties and transportation to enable such party to appear personally before the civil
wields the powers appurtenant to said office registrar
Good Faith Defense - Marriage solemnized outside the Philippines where no marriage license
- If the marriage was solemnized by a person not legally authorized to is required by the country where it was solemnized
solemnize a marriage and either of the contracting parties believed in - Marriage among Muslims or among members of ethnic cultural
good faith that such solemnizing officer had such authority, then the communities in accordance with their customs
marriage shall be considered as valid (Art. 35[2])
Irregularities in Marriage, which does not affect the validity of marriage:
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- Marriage between persons who have lived together as husband and Either or Both Parties are: Requires:
wife for at least 5 years and without any legal impediment to marry 18 years old and above but below 21 - Parental consent
each other - Marriage counseling
o The 5-year period is to be computed on the basis of co- 21 years old and above but below 25 - Parental advice
habitation as husband and wife where the only missing factor is - Marriage counseling
the marriage contract to validate the union
o This 5-year period should be the years immediately before the Effects:
day of the cohabitation and it should be a period of cohabitation
characterized by exclusivity – meaning no third party was Lack of parental consent Marriage is voidable
involved at any time within the 5 years and continuity that is Lack of parental advice; Of no effect on the validity of
unbroken Lack of marriage counseling marriage
o Substantial compliance is not an excuse (Republic vs. Bayot)
o Requisites: HOWEVER, this will suspend the
 Man and woman must have been living together as issuance of the marriage license for a
husband and wife for at least 5 years before marriage period of 3 months from the
 The parties must have no legal impediment to marry completion of publication of the
each other application for marriage license
 The fact of absence of legal impediment between the - If the parties get married
parties must be present at the time of marriage during the 3-month period
• Under the old rule, it must be for the whole 5 without a license, the
year period (Manzano vs. Sanchez) marriage shall be void
 The parties must execute an affidavit stating that they - On the other hand, if they are
have lived together for at least 5 years (and are without able to obtain a license during
legal impediment to marry each other) the 3-month period, the
 The solemnizing officer must execute a sworn marriage will still be valid but
statement that he had ascertained the qualifications of they may be held civilly and/or
the parties and that he had found no legal impediment criminally liable
to their marriage
Authorized venues for marriage: Marriages solemnized abroad:
- Must be solemnized publicly, and not elsewhere, in the: ~ CCO - Marriages solemnized outside the Philippines, in accordance with the
o Chambers of the judge or in open court law of the foreign country, shall be valid in the Philippines (lex loci
o Church, chapel, or template celebrationis)
o Office of consul-general, consul, or vice-consul - Exceptions:
- Exceptions: o Where either or both parties are below 18 years old
o Marriage at the point of death (articulo mortis) o Bigamous or polygamous marriage
o Marriage in remote places  Except Art. 41 on presumptive death of spouse
o Marriage at house or place designated by the parties in a o Mistake in identity
sworn statement upon their written request to the solemnizing o Void marriages under Art. 53
officer  Contracted following the annulment or declaration of
Other Requirements: nullity of a previous marriage but before partition

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o Psychological incapacity o Furthermore, the judgment of annulment or absolute nullity, the
o Incestuous marriages partition and distribution of the spouses’ properties, and the
o Marriages void for reasons of public policy delivery of the children’s presumptive legitimes must be
Divorce by Foreign-Spouse: recorded in the appropriate civil registry and registries of
- If a Filipino is married to a foreigner and the latter subsequently obtains property
a valid divorce abroad capacitating him/her to remarry, the Filipino o Failure to comply with these requisites will make the
spouse shall likewise have the capacity to remarry under the Philippine subsequent marriage void ab initio
law (Art. 26[2]) - NOTE: The enumeration of void marriages under Art. 35 is not
- Requisites: exclusive
o There is a valid marriage that had been celebrated between Void: (Art. 36)
Filipino citizen and a foreigner - Where one party, who at the time of the celebration of the marriage,
o A valid divorce is obtained abroad by the alien spouse, was psychologically incapacitated to comply with the essential marital
capacitating him/her to remarry obligations
- Psychological Incapacity has no exact definition but is restricted to
IV. VOID MARRIAGES psychological incapacity to comply with the essential marital obligations
of marriage
Void ab initio: (Art. 35) o It involves a senseless, protracted, and constant refusal to
- Contracted by any party below 18 years old comply with the essential marital obligations by one or both of
- Solemnized by unauthorized solemnizing officer the spouses although he, she, or they are physically capable of
o Except: performing such obligations
 If either or both parties believed in good faith that the o Elements:
officer had authority  Mental disposition
- Solemnized without marriage license  Applies to a person who is martially-contracted to
o Except: another
 When license is not required  Marriage entered into with volition
- Bigamous or polygamous marriages  Failure to perform or comply with the essential
o Except: obligations of marriage
 Art. 41 – marriage contracted by a person whose  Failure to perform is chronic
spouse has been absent for 4 years (ordinary  Cause is psychological in nature
absence) or 2 years (extraordinary absence, where  Cause is serious, with juridical antecedence and must
such person has a well founded belief that his/her be incurable
absent spouse is already dead, and after the absent  Incapacity results in the failure of the marriage
spouse is judicially declared presumptively dead o Jurisprudential Guidelines: (Republic vs. CA & Molina)
- Mistake in identity  Burden of proof to show the nullity of marriage belongs
- Subsequent marriage void under Art. 53 to plaintiff
o Art. 53 provides that a person whose marriage has been  The root cause of the psychological incapacity must
annulled may remarry as long as he complies with Art. 52 be: ~ MASC
o Art. 52 requires that after the marriage is annulled, the • Medically or clinically identified
properties of the spouses must be partitioned and distributed • Alleged in the complaint
and the presumptive legitimes of the children be distributed • Sufficiently proven by experts
• Clearly explained in the decision
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 The incapacity must be proven to be existing at the o Stepbrother and stepsister
time of the celebration of the marriage o Guardian and ward
 Such incapacity must be shown to be medically or o Adopted and illegitimate child of the adopter
clinically permanent or incurable o Parties who have been convicted of adultery or concubinage
 Such illness must be grave enough to bring about the Subsequent Marriages:
disability of the party to assume the essential - Without judicial declaration of nullity of previous void marriage (Art. 40)
obligations of marriage o For the purpose of remarriage, the only legally acceptable
 Essential marital obligations must be those embraced basis for declaring a previous marriage an absolute nullity is a
by Art. 68-71, as well as Art. 220, 221, and 225 of the final judgment declaring such previous marriage void
Family Code  Whereas, for purposes other than remarriage, other
 Interpretations given by the National Appellate evidence is acceptable
Matrimonial Tribunal of the Catholic Church in the o In a case for concubinage, the accused need not present a
Philippines, while not controlling or decisive, should be final judgment declaring his marriage void for he can adduce
given great respect by our courts evidence in the criminal case of nullity of his marriage other
 The trial court must order the prosecuting attorney or than proof of final judgment declaring his marriage void
fiscal and the Solicitor General to appear as counsel  Hence, the pendency of the civil action for nullity of
for the state marriage does not pose a prejudicial question in a
Void for Being Incestuous: (Art. 37) criminal case for concubinage
- Where relationship is legitimate or illegitimate o However, a judicial declaration of nullity is not needed where
o Between ascendants and descendants of any degree no marriage ceremony at all was performed by a duly
o Between brothers and sisters, whether full or half blood authorized solemnizing officer as where the parties merely
Void for Reason of Public Policy: (Art. 38) signed a marriage contract on their own
th
- Between collateral blood relatives up to the 4 civil degree - Rule on Bigamous Marriage (Art. 41)
- Between step-parents and step-children o General Rule:
- Between parents-in-law and children-in-law  Marriage contracted by any person during the
- Between adopting parent and adoptive child subsistence of a previous marriage is void
- Between surviving spouse of the adopter and the adopted o Exception:
- Between the surviving spouse of the adopted and the adopter  If before the celebration of the subsequent marriage:
- Between adopted and legitimate child of adopter • The previous spouse had been absent for 4
- Between adopted children of the same adopter consecutive years (ordinary absence) or 2
- Between parties where one, with the intention to marry the other, killed years (extraordinary absence)
that other person’s spouse or his/her own spouse • The remaining spouse has a well-founded
RA 6995: Mail Order Bride Act belief that the absent spouse was already
- Declares as unlawful the practice of matching Filipino women for dead
marriage to foreign nationals on a mail-order basis and other similar • There was a judicial declaration of presumptive
practices including the advertisement, publication, printing or death
distribution of brochures, fliers, and other propaganda materials in  In this case, the subsequent marriage is valid BUT it
furtherance thereof shall be automatically terminated by the recording of
NOTE: the affidavit of reappearance of the absent spouse
- Under the new Family Code, the following can now marry each other: o Exception to the Exception:
o Brother-in-law and sister-in-law
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 If both spouses of the subsequent marriage acted in - That the absentee spouse has been missing for 4 consecutive years if
bad faith, such marriage is void ab initio (Art. 44) the disappearance occurred where there is danger of death under
NOTE: circumstances in Art. 391 of NCC
- Where there was failure to record in the civil registry and registry of - The present spouse wishes to remarry
property the judgment of annulment or absolute nullity of the marriage, - The present spouse has a well-founded belief that the absentee is
the partition and distribution of the property of the spouses, and the dead
delivery of the children’s presumptive legitimes, it shall not affect third - The present spouse files a summary proceeding for the declaration of
persons (Art. 52-53) presumptive death
- Even if a marriage is void, it must be declared void first before the Effect of Reappearance:
parties to such void marriage can remarry - General Rule: The subsequent bigamous marriage under Art. 41
o The parties cannot decide for themselves the invalidity of their remains valid despite reappearance of the absentee spouse
marriage - Exception:
o Except: When the purpose is other than remarriage, a collateral o If the reappearance was made in a sworn statement recorded
attack of the marriage is allowed in the civil registry, the subsequent marriage is automatically
Effects of Termination of Subsequent Marriage: (Art. 43) terminated (not voided)
- Children of the subsequent marriage conceived prior to its termination - Exception to the Exception:
shall be considered legitimate o If there was a previous judgment annulling or declaring the first
- The absolute community or conjugal partnership shall be dissolved and marriage a nullity, the subsequent bigamous marriage remains
liquidated valid
o If either spouse acted in bad faith, his/her share in the net
profits shall be forfeited (capital shall still go to the party in bad
faith); [if the marriage is void, the whole property shall be Void Marriages Voidable Marriages
forfeited] Considered as having never to have Valid until otherwise declared by the
 In favor of the common children taken place and cannot be the source court
 If none, in favor of the children of the guilty spouse by of rights
previous marriage Can never be ratified or cured by any Can be generally ratified or confirmed
 If none, in favor of the innocent spouse act of any of the contracting parties; by free cohabitation or prescription
- Donations by reason of the marriage remain valid except if the donee neither could estoppel or
contracted the marriage in bad faith acquiescence apply to remedy the
- The innocent spouse may revoke the designation of the spouse in bad infirmity
faith as the beneficiary in any insurance policy Can be attacked collaterally Cannot be assailed collaterally, except
- The spouse who contracted the subsequent marriage in bad faith shall Except: in a direct proceeding
be disqualified to inherit from the innocent spouse by testate or - Art. 40 on subsequent void
intestate succession marriage
NOTE: - Without prejudice to any issue
- The above effects apply in voidable bigamous marriages that may arise in the case
- Except for (1), the above effects also apply to marriages which are (Ninal vs. Bayadog) p. 198
annulled or declared void ab initio (Art. 40) - Art. 86[1] and Art. 43[3] on
Requisites for Declaration of Presumptive Death: revocation of donation propter
nuptias

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Bad faith or good faith is immaterial; The petition shall generally be filed by - Physical incapability of either party to consummate the marriage with
either party may file the petition the innocent spouse the other, and such incapacity continues and appears to be incurable
Except: o Requisites: (Impotence)
- Art. 35[2] on lack of authority  Impotence exists at the time of the celebration of
of the solemnizing officer marriage
- Art. 41 on presumptive death  Permanent
Can be questioned even after the Can be assailed only during the  Incurable
death of either party lifetime of the parties and not after  Unknown to the other spouse
death of either (in which case, the  The other spouse must not also be impotent
offspring will be left as if the marriage o Doctrine of Trennial Cohabitation – presumption that the
had been perfectly valid) husband is impotent should the wife still remain a virgin after 3
Action or defense for nullity is Action prescribes years of living together with her husband
imprescriptible - Affliction of sexually transmissible disease found to be serious and
Any proper interested party may Only the parties (or those designated which appears incurable
attack a void marriage by the law such as parents and o Elements:
guardians) to a voidable marriage can  Existing at the time of marriage
assail it  Sexually transmissible disease
Have no legal effects, except those The property regime is generally  Serious
declared by law concerning the conjugal partnership (or absolute  Appears incurable
properties of the alleged spouses, community) and the children
regarding co-ownership or ownership conceived before its annulment are Art. 45 Art. 46
through actual joint contribution, and legitimate The STD is a ground for annulment The STD is a type of fraud which in
its effect on the children born to such turn is a ground for annulment
void marriages The STD does not have to be The STD must be concealed
concealed
V. ANNULABLE MARRIAGES The STD must be serious and The STD does not have to be serious
incurable and appears incurable
Grounds for Annulment: (Art. 45) The STD itself is the ground for It is the concealment, and not the
- Lack of parental consent annulment STD, which gives rise to the
- Either party is of unsound mind annulment
- Fraudulent means of obtaining consent of either party
o Circumstances constituting fraud (Art. 46)
 Non-disclosure of conviction by final judgment of crime READ until end of ACP ~ w/ RECIT
involving moral turpitude
 Concealment of pregnancy by another man VI. LEGAL SEPARATION
 Concealment of sexually transmissible disease,
regardless of nature, existing at the time of marriage ~ in persona
 Concealment of drug addiction, habitual alcoholism, Grounds: (Art. 55; Exclusive list)
homosexuality and lesbianism 1. Repeated physical violence or grossly abusive conduct directed
- Force, intimidation, or undue influence against petitioner, a common child or a child of the petitioner

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2. Physical violence or moral pressure to compel the petitioner to o Must be willful or with wrongful intent to desert, continued for
change religious or political affiliation the statutory period
o Cannot be against the common children or the child of the o Must be without justifiable cause
petitioner o Mere physical separation alone is not abandonment
3. Attempt of respondent to corrupt or induce the petitioner, a  There must be absolute cessation of marital relations,
common child, or a child of the petitioner, to engage in prostitution, or duties, and rights, with the intention of perpetual
connivance in such corruption or inducement separation
o Specific to prostitution only NOTES:
o Does not include any other immoral or corrupt act - The grounds involving the children are limited to the common children
 Ratio: Discourages legal separation or the child of the petitioner, not to the child of respondent
4. Final judgment sentencing respondent to imprisonment of more Grounds to Deny Legal Separation:
than 6 years - Condonation
o The criminal act may be committed against anyone, need not o An act of forgiving the offense after its commission
be against the petitioner, their common children, nor the  It implies a condition of future good behavior by the
petitioner’s children offending spouse
o The judgment must be final  Subsequent offense on his or her part revokes or
 Cannot file petition while pending appeal nullifies the condonation and revives the original
o May be availed of even after the grant of pardon offense
5. Drug addiction or habitual alcoholism o Failure of the husband to look for his adulterous wife is not
o Same as those in annulment cases, but it may exist even after condonation to wife’s adultery (Ocampo vs. Florenciano)
the marriage ceremony - Consent
6. Lesbianism or homosexuality o When either of the spouses agreed to or did not object, despite
o Same as those in annulment cases, but it may exist even after full knowledge, to the act giving rise to a ground for legal
the marriage ceremony separation, before such act was in fact committed
7. Subsequent bigamous marriage  Refers to the commission of an offense or the act
o Bigamy – act of illegally contracting a second marriage despite  HENCE, the consent before marriage of the fact of
full knowledge that the first marriage is still validly existing or homosexuality is not “consent” as contemplated under
without obtaining the needed judicial declaration of nullity or this law
presumptive death o May be deduced from the acts of the spouses
o Whether solemnized here or abroad is immaterial - Connivance
 HOWEVER, if committed abroad, the guilty spouse o Direction, influence, personal exertion, or other action with
cannot be criminally prosecuted in the Philippines knowledge and belief that such action would produce certain
because our penal statutes are territorial in nature results and which results are produced
8. Sexual infidelity or perversion o Basis:
9. Attempt by respondent against the life of the petitioner  Volenti non fit injuria
o Must proceed from an evil design and not from any justifiable • One is not legally injured if he has consented
case, like: to the act complained of or was willing that it
 Self-defense should occur
 Spouse is caught in flagrante delicto having carnal  In pari delicto
knowledge with another man or woman • Doctrine of unclean hands
10. Abandonment for more than 1 year without justifiable cause - Collusion
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o An agreement between husband and wife looking to the - Spouses are entitled to live separately
procuring of a divorce - Marriage bond is not severed
 Agreement between husband and wife for one of them - Dissolution of property regime
to commit, or to appear to commit, or to be represented - Forfeiture of the share of the guilty spouse in the net profits of the
in court as having committed, a matrimonial offense, or ACP/CPG
to suppress evidence of a valid defense, for the - Custody of minor children to innocent spouse
purpose of enabling the other to obtain a divorce o Subject to Art. 213 which provides that parental authority shall
(Griffith vs. Griffith) be exercised by parent designated by the court
 HOWEVER, collusion may not be inferred from the - Guilty spouse is disqualified from intestate succession and provisions
mere fact that the guilty party confesses to the offense made by innocent spouse in his favor in a will shall be revoked by
and thus enables the other party to procure evidence operation of law
necessary to prove it (Williams vs. Williams) - Innocent spouse may revoke the donation made by him in favor of the
 Proof of the defendant’s desires for a divorce and offending spouse
makes no defense, is not by itself collusion (Pohlman o However, alienations, liens, and encumbrances registered in
vs. Pohlman) good faith before the recording of the complaint for revocation
o A corrupt agreement in the registries of property shall be respected
 Whereas connivance is a corrupt consenting - Innocent spouse may revoke designation of guilty spouse as
- Mutual guilt beneficiary in the insurance policy, even if such designation be
o He who comes into equity must come with clean hands (in pari stipulated as irrevocable
delicto) * When the decree itself is issued, the finality of the separation is complete after
o When two persons acted in bad faith, they should be the lapse of the period to appeal the decision to the higher court
considered s having acted in good faith - Even if the effects, such as liquidation of the property, have not yet
- Prescription been commenced nor terminated
o Action for legal separation must be filed within 5 years from the A.M. No. 02-11-11-SC: Proposed Rule on Legal Separation:
time of the occurrence of the cause of action - The Rules of Court shall apply suppletorily
o The time of discovery of the ground for legal separation is not - Who may file: Solely the husband or wife
material - When to file: Within 5 years from the occurrence of any of the grounds
 This is really an improvement over the 1950 provision - Procedure is almost the same as in the Rule on Declaration of Absolute
which tend to shorten the prescriptive period to 1 year Nullity & Annulment
from the time of discovery - Creditors are furnished copies of the petition
 Ratio: To preserve marriage rather than destroy it - Pre-trial is set not earlier than 6 months from filing of the petition for
 If you discover it after five years, forgiveness is already possibility of reconciliation (cooling off period)
the order of the day, and no longer recrimination o Exception: There is no cooling off period if the ground alleged
Cooling-off Period: are those under RA 9262 (VAWC)
- Observance of the 6 month cooling off period is mandatory RA 9262: “Anti-Violence Against Women and their Children Act of 2004”
- Except: - Sec. 19 – Legal Separation Cases
o Violation of VAWC o In cases of legal separation, where violence as specified in this
- For as long as a legal separation complaint is inserted in any case, Act is alleged, Art. 58 of the Family Code shall not apply. The
even if there is a petition for declaration of nullity or a compulsory court shall proceed in the main case and other incidents of the
counterclaim, the cooling-off period must be observed case as soon as possible. The hearing on any application for a
Effect of Separation:
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protection order filed by the petitioner must be conducted within - Joint responsibility for the support of the family
the mandatory period specified in this Act. * Procreation is a jurisprudential obligation of husband and wife
- Decree of Reconciliation: Profession:
o If the spouses had reconciled: - General Rule: Either spouse may exercise any legitimate
 Joint manifestation under oath, duly signed by both profession/business without the consent of the other
may be filed in the same proceeding for legal o Exception:
separation  The other spouse may object on valid, serious, and
o Reconciliation while proceeding is pending: moral grounds
 The court shall immediately order termination of  In case of disagreement, the court shall decide
proceeding whether:
o Reconciliation after judgment granting petition but before the • The objection is proper; and
issuance of the decree: • If benefit has accrued to the family before and
 Spouses express in their manifestation whether or not after the objection
to revive the former property regime or choose a new  If benefit accrued to the family before the objection, the
regime resulting obligation shall be enforced against the
 Court immediately issue decree of reconciliation setting separate property of the spouse who has not obtained
aside the proceeding and specifying the property consent
regime of the spouses  If benefit accrued to the family after the objection has
o Reconciled after the issuance of the decree: been made, the resulting obligation shall be enforced
 Court, upon motion, issue decree of reconciliation against the community property
declaring decree as set aside
 BUT the separation of property and any forfeiture of VIII. PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE
the share of the guilty spouse already effected
subsists, unless the spouses have agreed to revive What Governs the Property Relations between Spouses:
their former regime of property relations or adopt a new - Marriage settlement
regime o Future spouses may agree upon the regime of ACP, CPG,
- In the last 3 scenarios, if the spouses choose to adopt a different complete separation of property, or any other regime
property regime, they shall comply with Sec. 24 of the Rule - Family Code
- The Decree of Reconciliation shall be recorded in Civil Registries o If there is no marriage settlement or when the regime agreed
where marriage and decree of legal separation had been registered upon therein is void, the system of ACP shall govern
- Date of Effectivity: March 15, 2003 - Local customs
o Only if it is expressly provided in the marriage settlement
VII. RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE Requisites of a Valid Marriage Settlement:
- In writing
Obligations of Husband and Wife: (Statutory) - Signed by the parties
- Live together - Executed before the celebration of marriage
- Observe mutual love, respect, and fidelity - To fix the terms and conditions of their property relations
- Render mutual help and support - If a party executing the settlement needs parental consent, the
o Only obligation that is enforceable in the court of law parent/guardian whose consent is needed must be made a party to the
- Management of the household agreement
- Fix the family domicile
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- If the party executing the settlement is under civil interdiction or any - In legal separation and donee is the guilty spouse
other disability, the guardian appointed by the court must be made a - Donee commits acts of ingratitude such as:
party to the settlement o If the donee commits and offense against the person, honor, or
o Subject to the amendment on the age of majority (effected Dec. property of the donor, his wife, or his children under his
1989) parental authority
rd
- Registration (to bind 3 parties) o If the donee imputes to the donor any criminal offense or any
Not applicable: act involving moral turpitude, unless the crime was committed
- When both are aliens, even if married in the Phils. against the donee himself, his wife, or his children under his
- As to extrinsic validity of contracts authority
- Contrary stipulation o If the donee unduly refuses to support the donor when he is
Donations by Reason of Marriage: legally or morally bound to give such support
- BEFORE MARRIAGE
o General Rule: Future spouses cannot donate to each other Bases Donations Propter Nuptias Ordinary Donations
more than 1/5 of their present property (excess shall be Formalities Governed by the rules on Governed by rules on
considered void) ordinary donations except donations (Art. 725-773 of
o Requisites: that if future property is NCC)
 Made before celebration of marriage donated, it must conform with
 In celebration of marriage formalities of wills
 In favor of one or both future spouses Present May be donated, but up to No limit except that donor
o Exception: Property 1/5 of donor’s present shall leave property enough
 If they are governed by ACP property only for his support
- DURING MARRIAGE Future May be included provided Cannot be included
o General Rule: Spouses cannot donate to each other, directly Property donation is mortis causa
or indirectly (donations made by spouses to each other during Grounds for Art. 86 of the Family Code Art. 760, 764, and 765 of
the marriage are void) Revocation NCC
o Ratio:
 To protect unsecured creditors from being defrauded Prescriptive Period for Filing Action for Revocation of Donation Propter Nuptias:
 To prevent stronger spouse from imposing upon the
weaker one the transfer of the latter’s property to the If marriage is not celebrated 5 years (Art. 1149 of NCC) from the
former Except: Donations contained in the time marriage is not solemnized on
 To prevent indirect modification of the marriage marriage settlement which are the fixed date
settlement automatically rendered void if the
o Exception: marriage does not take place
 Moderate gifts on the occasion of any family rejoicing If marriage is judicially declared
 Donation mortis causa void, it depends:
o Applied to common law spouses (Art. 87) a) If subsequent marriage is void By operation of law if donee-spouse
Grounds to Revoke Donation Propter Nuptias: pursuant to Art. 40 in relation to contracted subsequent void marriage
- Marriage is not celebrated or is judicially declared void ab initio Arts. 52 & 53 (because in bad faith
- Marriage without the needed parental consent contracted by a spouse before
- Marriage is annulled and donee is in bad faith prior void marriage is judicially
- If it is within a resolutory condition and the condition is complied with
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declared void) • Wife can go to court within 5 years
b) Judicially declared void on 5 years from finality of judicial  In case one spouse is incapacitated or unable to
grounds other than Art. 40 in declaration of nullity (if acion to participate in the administration of the common
relation to Arts. 52 & 53 recover property) properties, other spouse may assume sole powers
When marriage takes place without 5 years • These powers do not include:
the required parental consent o Disposition
If resolutory condition is complied 5 years from happening of condition o Encumbrance
with • Any encumbrance is void if without the written
When marriage is annulled and 5 years from finality of decree consent of the other spouse
donee in bad faith Rules on Game of Chance:
If donee commits an act of 1 year from donor’s knowledge of the - LOSS – borne by the loser spouse and shall not be charged to the
ingratitude fact community property
In cases of legal separation 5 years from the time the decree of - WINNINGS – form part of the community property
separation has become final Charges upon the ACP:
- Debts and obligations contracted by either spouse without the consent
PROPERTY RELATIONS of the other to the extent that it benefited the family
- Debts and obligations contracted during the marriage by designated
System of Absolute Community of Property administrator-spouse, both spouses, or by one with the consent of the
- The property regime of the spouses in the absence of a marriage other
settlement or when the marriage settlement is void - Taxes, liens, charges, and expenses upon the community property
- This is so because it is more in keeping with Filipino culture - Support of spouses, their common children and legitimate children of
- General Rule: The community property consists of all the property either spouse
owned by the spouses at the time of the celebration of the marriage or - Expenses of litigation between spouses unless the suit is found to be
acquired thereafter groundless
- Exceptions: Exclusions from Community Property - Ante-nuptial debts which redounded to the benefit of the family
o Property acquired before the marriage by either spouse who - Taxes and expenses for mere preservation made during the marriage
has legitimate descendants by a former marriage and its fruits upon the separate property of either spouse used by the family
and income - Expenses for professional or vocational course
o Property for personal and exclusive use except jewelry - Other ante-nuptial debts, support of illegitimate child, and liabilities for
o Property acquired during the marriage by gratuitous title, crime or quasi-delicts in absence of separate property
except when the donor, testator, or grantor expressly provides - Donated or promised to common legitimate children for profession,
otherwise vocational course, or self-improvement
- No waiver of rights is allowed during the marriage except in case of * NOTE:
judicial separation of property - If the community property is insufficient to cover all these liabilities,
o The waiver must be in a public instrument except those falling under (9), spouses shall be solidarily liable for the
Administration of the Community Property: unpaid balance with their separate properties
- General Rule: It shall belong to both spouses - Administration of community property belongs to both
o Exceptions: o In case of dispute, the husband’s choice prevails
 In cases of disagreement, husband’s decision shall o If the wife decides to go to court, she must do so within 5 years
prevail from the contract

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- Both spouses must approve any dispositions or encumbrances, and - Fruits of conjugal property due or received during the marriage and net
consent of the other spouse must be in writing fruits of separate property
o Otherwise, brought to court and the court will give the authority, - Those acquired through occupation
if proper - Livestock in excess of what was brought to the marriage
o If one spouse acts without the consent of the other or without - Those acquired during the marriage with conjugal funds
court approval, such disposition/encumbrance is void - Share in hidden treasure
 However, the transaction shall be construed as a - Those obtained from labor, industry, work, or profession of either or
continuing offer on the part of the consenting spouse both spouse
rd
and the 3 person which may be perfected as a - Those acquired by chance
binding contract upon acceptance by the spouse or Rules in Cases of Improvement of Exclusive Property:
court approval - Accession – if the cost of the improvement of the plus value is equal to
Termination of ACP/CPG: or less than the value of the principal property at the time of the
- Death of either spouse improvement, the entire property remains the exclusive property of the
- Decree of legal separation spouse
- Annulment or declaration of nullity of marriage - Reverse Accession – if the cost of the improvement of the plus value
- Judicial separation of property during marriage is more than the value of the principal property at the time of the
Procedure for Dissolution of ACP: improvement, the property becomes conjugal (subject to
- Inventory of all properties reimbursement)
o Inventory of community property Charges upon CPG:
o Inventory of separate property of the wife - Debts and obligations contracted by one without the consent of the
o Inventory of separate property of the husband other to the extent that the family benefited
- Debts and obligations of the ACP are paid - Debts and obligations contracted during the marriage by administrator-
- Remainder of the separate properties of the spouses are returned to spouse, both spouses, or one with the consent of the other
the owner - Taxes, liens, charges, expenses upon conjugal property
- Net remainder of the ACP is divided equally between husband and wife - Support of the spouses, their common children and legitimate children
- Presumptive legitimes of children are delivered of either spouse
- Adjudication of conjugal dwelling and custody of common children - Expenses of litigation
- Ante-nuptial debts to the extent where family is benefited
System of Conjugal Property of Gains - Taxes and expenses for mere preservation of separate property
- The spouses contribute the following to a common fund: - Expenses for professional, vocational, or self-improvement courses of
o Proceeds, products, fruits and income of separate properties of either spouse
spouses - Value of what is donated or promised to common legitimate children for
o Everything acquired by spouses through their efforts professional, vocation, or self-improvement courses
o Everything acquired by spouses through chance Procedure for Dissolution of CPG:
Exclusive Property in CPG: - Inventory of all property
- That brought into the marriage as his/her own - Amounts advanced by conjugal property as payment for personal debts
- That acquired during the marriage gratuitously and obligations of either spouses are credited
- That acquired by redemption, barter, or exchange with exclusive - Reimbursement for use of exclusive funds
property - Debts and obligations of the conjugal property are paid
- That purchased with exclusive money of spouse - Remains of exclusive properties are returned
What Constitutes CPG:
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- Indemnify loss of deterioration of movables belonging to either spouse - Judicial separation of property may either be voluntary or for sufficient
used for the benefit of the family cause
- Net remainder of conjugal property is divided equally Sufficient Cause for Judicial Separation of Property:
- Delivery of children’s presumptive legitimes - Petitioner’s spouse has been sentenced to a penalty which carries with
- Adjudication of conjugal dwelling and custody of children it civil interdiction
NOTES: - Petitioner’s spouse has been declared an absentee
- Property bought on installments paid partly from exclusive funds of the - Loss of parental authority of petitioner’s spouse has been decreed by
spouses and partly from conjugal funds: the court
o If full ownership is vested before the marriage – it shall belong - Abandonment by petitioner’s spouse or failure to comply with family
to the buyer-spouse obligations
o If full ownership was vested during the marriage – it shall - Spouses granted the power of administration in marriage settlements
belong to the conjugal partnership has abused that power
- The separate properties shall be solidarily and subsidiarily liable for the - At the time of petition, the spouses have been separated in fact for at
obligations if the community or conjugal properties are insufficient least 1 year and reconciliation is highly improbable
- The ACP shall also be liable for ante-nuptial debts, support of
illegitimate children, and liabilities incurred by either spouse by reason Until Art. 171
of a crime or quasi-delict in case of insolvency of the exclusive property Until legitimation
of the debtor-spouse
o Payment advanced by the ACP, subject to deduction from the Additional Cases:
share of the debtor-spouse * Bayot vs. CA
- The conjugal partnership property shall likewise be liable for the * Corpus vs. Santo Tomas – Aug. 2010
payment of the personal debts of either spouse insofar as they have - Foreigner filed petition for recognition of foreign judgment – dismissed
redounded to the benefit of the family - It is a privilege granted only to Filipinos
Distinctions: * Suazo vs. Suazo - PI
ACP CPG * Toring vs. Toring - PI
All the properties owned by the Each spouses retains his/her property * Rigalalde – PI (root cause, juridical, gravity, incurability)
spouses at the time of marriage before the marriage and only the fruits * Camacho vs. Reyes – PI on incurability
become community property and income of such properties - Fact of being subjected to therapy does not negate existence of PI
become part of the conjugal properties * Ablasa vs. Republic
during the marriage * Sho Chi vs. Gyozon
Upon dissolution and liquidation of the Upon dissolution of the partnership, * ITR vs. Sho Chi
community property, what is divided the separate property of the spouses * Munoz vs. Carlos
equally between the spouses or their are returned and only the net profits of * Fuentes vs. Roca - April 2010
heirs is the net remainder of the the partnership are divided equally * Nepomuceno vs.
properties of the ACP between the spouses of their heirs
Absolue Divorce: (Bayot vs. CA)
Separation of Property - Generally, not recognized in the Philippines
- In the absence of an express declaration in the marriage settlements, - Except:
the separation of property between the spouses during the marriage o Foreigner, at the time of divorce
shall not take place, except by judicial order o Petition for recognition of foreign judgment of divorce

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 Recognition of both parties that there was a foreign
judgment of divorce is sufficient

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