From Civil Code to Family Home
registrar and Declaration of the Parents to
Definition of Marriage
Elements – Essential and Formal Requisites
New case regarding a petition for same sex
marriage decided by the Supreme Court.
Purpose of marriage is procreation.
Absence – void
Defect – voidable
Irregularity - valid
Authority to Solemnize Marriage (Memorize)
Cases given
Citizenship and residency – Case of Grace Poe
Who are natural citizens?
Jus Sanguinis – if foundling found in a country
presumed that he/she is of parents from that
country
Jus Soli – if foundling found in a country is
presumed to have been born there.
Repatriation
People vs Santiago Case
Marriage under Articulo Mortis – performed
within the military zone if outside it is void
Cohabitation in 5 years, without legal
impediments, must be exclusive
Parental Consent 21-25 years, absence will
render void.
Parental Advice – absence is valid only
irregularity
Legal Age
Declaration of Parties, Declaration of Local Civil
determine legal age.
No divorce law in the Phil but recognizes
divorce outside the Phil.
Petition of divorce decree and must be
annotated
Psychological Incapacity
Gravity, present before the marriage,
incurable, clinically identified (testimony is
indispensable)
Church Annulment is not recognized in the
jurisdiction.
Marcos vs Marcos in 1991
Republic vs San Jose
Pathological lier is a psychological incapacity
Molina Doctrine
Void and Voidable Marriage (Memorize)
Marriages against Public Policy (Memorize)
Art 40 (can be invoked in cases of remarriage)
Effects when marriage is void in liquidation of
property, support, state and instestate, benefit
and insurance, custody of children and donation
Failure of Registration to LCR what is the effect
Non Delivery of Presumptive Legitime
Presumptive Legitime
Effect of Declaration of Legal Separation from
Nullity of Marriage
Declaration of Absence what is the effect and
what will you do if you want to remarry
Apply Presumptive death Defenses Grounds Denying Legal Separation

In cases of Reappearance, what will happen? Araneta vs Concepcion

Sole Power of administration, grounds : absence Effects of Legal Separation, property relation,
share of the guilty spouse be forfeited
Abandonment
Art 147 and 148
Grounds for the marriage to be annulled
(memorize) Family Home is considered and ordinary asset

Grounds for fraud (Memorize) Reconciliation in Legal Separation

Concealment of Non Virginity is not a ground Visitation Rights

Concealment of Homosexuality not the Status of Children born or conceived before

homosexuality per se termination

6 month cooling of period except for violence Art 36 (children are considered legitimate) and
35 (legitimate)
Triennial Cohabitation – girl have been found to
be virgin after 3 years Legal Separation (legitimate)

Relative Impotency – capable of consummating Custody of Children (Court have to decide)

with other party but not of the partner
Tender Age Presumption Doctrine – 7 years old
Art 45 (take note) must be of the mother (explain)

Art 47 Action for damage for breach of contract to

marry – can file for damages
Lack of Parental Consent, who can file?
Donations
Voidable Marriage can be ratified
Marriage Settlements
Insanity – insane spouse who regains her sanity
Treatment of Donation
Fraud – injured party, 5 years after fraud
Conjugal and Exclusive Property
Force and Intimidation – injured party, 5 years
Expenses of the Family
Impotence- potent spouse within 5 years after
marriage cannot be ratified Charges upon it

STD – healthy party, 5 years after the marriage Determination of Termination of APG and CPG
not upon discovery, cannot be ratified
Procedure In the Dissolution
Legal Separation – support is continuous, taken
from conjugal property, support waiting Inventory of Property
litigation
Count consolidate ACP

Net remainder of ACP is divided

Adjudication

Read :

Ayala Investment Corporation Vs CA

Abalos vs Macatangay 2004

Distinction bet ACP and CPG

Acaban vs Acaban

Exemption in the Family Home