Civil Law Notes
PhoenixVictoria2020
GENERAL PRINCIPLES
GR: Ignorance of the law excuses no one from compliance
therewith.
XPN:
1. Mistake upon a doubtful or difficult question of law
2. Mutual error which results to vitiation of consent
3. Payment by reason of mistake (solutio indebiti)
Doctrine of Processual Presumption or Doctrine of
Presumed-Identity Approach – if the foreign law involved is
not properly pleaded and proved, our courts will presume that
the foreign law is the same as our local (domestic or internal)
law.
Requisites of a Valid Waiver of Rights
1. He must actually have the right which he renounces
2. He must have the capacity to make the renunciation
3. Renunciation must be made in a clear and
unequivocal manner
4. Waiver must not be contrary to law, public order,
public policy, morals or good customs or prejudicial to
a 3rd person with a right recognized by law
Repeal of Laws
1. Express – contained in the subsequent law
NB: When the repealing law is repealed, the original
law is not revived unless otherwise provided
2. Implied – requisites: (a) the laws contain the same SM;
and (b) the latter is repugnant to the earlier
NB: When the subsequent law is repealed, the original
law is revived unless otherwise provided
Stare Decisis – a point of law already established will,
generally, be followed by the same determining court and by
all courts of lower rank in subsequent cases where the same
legal issue was raised
Obiter Dictum – an opinion expressed by a court upon some
question of law which is not necessary to the decision of the
case before it
GR: Philippine Penal Laws and those of public security and
safety are obligatory upon all who live or sojourn in the
Philippine Territory.
XPN: provisions to the contrary of:
1. Treaty Stipulations
2. Principles of Public International Law
3. Laws of Preferential Application
Nationality Principle – Philippine laws relating to (1) family
rights and duties, or (2) to the status, condition and legal
capacity of persons are binding upon citizens of the
Philippines, although living abroad.
Absolute Divorce
See case of Marelyn Tanedo Manalo v. Japanese Spouse:
the SC upheld the decision of the CA saying that: A foreign
divorce secured by a Filipino is also considered valid in the
Philippines, even if it is the Filipino spouse files for divorce
abroad.
The court based its decision on its interpretation of Article
26 (2) of the Family Code. The said provision states that
when a foreigner spouse obtains divorce allowing him or
her to remarry, the Filipino spouse “shall likewise have
capacity to remarry under Philippine law.”
NB: However, the rule on absolute divorce as against
Filipino spouses is still the same – it being still contrary to
public policy and morality
Lex Rei Sitae – with respect to property, be it personal or real,
it is subject to the law of the country where it is situated.
XPNs: The national law of the person whose succession is
under consideration and not the law of the country where the
property is situated will govern with respect to the following
aspects of succession, testate or intestate:
1. Order of succession
2. Amount of successional rights
3. Intrinsic validity of testamentary provisions
4. Capacity to succeed from a decedent
Lex Loci Celebrationis – the forms and solemnities of
contracts, wills, and other public instruments shall be governed
by the laws of the country in which they are executed
Lex Loci Contractus – when what is involved is the nature,
construction and validity of contracts; it could either be:
1. Lex Loci Voluntatis – law voluntarily agreed upon by
the parties
2. Lex Loci Intentionis – law intended by the parties
expressly or implicitly
HUMAN RELATIONS
Damnum Absque Injuria – the proper exercise of a lawful
right cannot constitute a legal wrong for which an action will
lie, although the act may result in damage to another, for no
legal right has been invaded
Principle of Abuse of Rights – the exercise of right ends when
the right disappears, and it disappears when it is abused
especially to the prejudice of others; elements:
1. There is a legal right or duty
2. It is exercised in bad faith
3. For the sole intent of prejudicing or injuring another
Breach of Promise to Marry
GR: Per Se is not an actionable wrong
XPN:
1. When the woman is a victim of moral seduction
2. When the plaintiff has actually incurred expenses for
the wedding – he/she has the right to recover money
or property advanced by him or her upon the faith of
such promise
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Accion in Rem Verso – an action for recovery of what has
been paid or delivered without just cause or legal ground;
requisites:
1. Defendant has been enriched
2. Plaintiff suffered a loss
3. Enrichment of the defendant is without just or legal
ground
4. Plaintiff has no other action based on contract, quasi-
contract, delict or quasi-delict.
vs. Solutio Indebiti – mistake is an essential requisite
here and unlike solution indebiti, action in rem verso
is merely an auxiliary action
Unfair Competition – what is sought to be prevented is the
use of unjust, oppressive or high-handed methods which may
deprive others of a fair chance to engage in business or to earn
a living; requisites:
1. Injury to a competitor or trade rival
2. Involves acts which are characterized as contrary to
good conscience or shocking to judicial sensibilities or
otherwise unlawful
Effects of Acquittal upon Civil Liability
1. Accused is not the author of the crime complained of
– civil liability ex delicto is extinguished (but this does
not extend to those arising from quasi-delict or culpa
aquiliana)
2. Acquittal based on Reasonable Doubt – accused is
NOT exempt from civil liability ex delicto which may
be proved by preponderance of evidence only
GR: When a criminal action is instituted, the civil action for the
recovery of civil liability arising from the offense charged is
deemed instituted with the criminal action
XPN:
1. Waiver of the Civil Action
2. Reserves the right to institute it separately
3. Institutes the Civil Action prior to the criminal action
Prejudicial Question – that which arises in a case the
resolution of which is a logical antecedent of the issue involved
therein, and the cognizance of which pertains to another
tribunal; elements:
1. A previously instituted civil action involves an issue
similar or intimately related to the issue raised in the
subsequent criminal action; and
2. The resolution of such issue determines whether or
not the criminal action may proceed.
PERSONS AND FAMILY RELATIONS
PERSONS AND PERSONALITY
Juridical Capacity – the fitness to be the subject of legal
relations; it is inherent in every natural person; it is only lost
through death; and it cannot be limited or restricted
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PhoenixVictoria2020
Capacity to Act – the power to do acts with legal effects; it is
not inherent but is acquired; it may be lost through other
means or circumstances; and it can be limited or restricted
Civil Interdiction – an accessory penalty imposed upon the
accused whose penalty is not lower than RT; effects:
1. Deprivation of the rights of Parental Authority or
guardianship
2. Deprivation of Marital Authority
3. Deprivation of the right to manage his property
4. Deprivation of the right to dispose of his property by
any act or conveyance inter vivos.
Civil Personality – is the aptitude of being the subject of rights
and obligations; it begins from birth (after the complete
delivery from the mother’s womb or after the cutting of the
umbilical cord)
Consequences of the Provisional Personality of Conceived
Child
1. The right to be a done of simple donation but the
acceptance is made by the persons who would legally
represent him if he were already born
2. The right to receive support from his progenitors
3. He may not be ignored by his parents in the
testament – otherwise, there is preterition
Applicability of Arts. 40, 41, and 42, NCC
1. There is no need to establish the civil personality of
the unborn is his/her juridical capacity and capacity to
act as a person are not in issue and the case is not
whether the unborn child has acquired any rights or
incurred any obligations prior to his/her death that
were passed on to or assumed by the child’s parents.
2. One need not acquire civil personality first before
he/she could die. Death is defined as the cessation of
life. Life is not synonymous with civl personality.
FAMILY CODE: August 3, 1988
MARRIAGE
A. Requisites of Marriage
Essential Requisites: (1) legal capacity; and (2) consent of the
contracting parties
NB: (a) Absence makes the marriage void; (b) defect in
consent makes the marriage voidable
Formal Requisites: (1) authority of the solemnizing officer; (2)
a valid marriage license – validity is 120 days from issue (issued
by the Local Civil Registrar); and (3) marriage ceremony
NB: (a) Absence makes the marriage void. XPN: belief in GF
by either or both of the parties that the solemnizing officer
has authority to do so; (b) irregularity shall not affect the
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validity of the marriage BUT the person responsible shall be
civilly, criminally and administratively liable.
Two Basic Requirements for a Valid Marriage Ceremony:
1. There should be a personal appearance of the
contracting parties before a solemnizing officer
2. Their declaration in the presence of not less than 2
witness of legal age that they take each other as
husband and wife
B. Marriages Exempt from the License Requirement
1. Marriage in Articulo Mortis – in lieu of license, the
solemnizing officer issues an Affidavit
2. Marriage in Remote Places – no means of transportation
to appear personally before the local civil registrar
3. Marriage among Muslims and Ethnic Cultural
Communities – marriage must be solemnized according
to their customs, rites and practices
NB: Marriage between a Muslim and a Non-Muslim is
NOT covered by this rule, thus a marriage license is
required
4. Legal Ratification of Marital Cohabitation: (a) man and
woman must have been living together as husband and
wife for at least 5 years before the marriage; (b) parties
have no legal impediment to marry the other during the
5-year period of cohabitation
C. Void and Voidable Marriages
a. Void Marriages
GR: It is ipso facto void without the need of any judicial
declaration of nullity.
XPN: For purposes of remarriage – even if the prior marriage is
void ab initio, a judicial declaration of its nullity is required
before a subsequent marriage is contracted, otherwise, the
subsequent marriage is in itself void ab initio for being
bigamous.
A void marriage can be questioned even after the death of
either party; procedure: (may only be done by compulsory or
intestate heirs)
1. If the marriage is celebrated during the effectivity of
the Civil Code – via petition for declaration of nullity
of marriage
NB: A petition for the declaration of nullity of marriage
is imprescriptible (XPN: if covered by AM-02-11-10-
SC, then it may only be filed during the lifetime of the
spouses)
2. If the marriage is covered by AM 02-11-10-SC – a
proceeding for the settlement of the estate of the
deceased spouse.
Reason: a petition for declaration of nullity of the
marriage can only be filed during the lifetime of the
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spouses, if the marriage is covered by AM 02-11-10-
SC (March 15, 2003).
The following marriages are void from the beginning:
1. If any of the party is below 18 years old
2. The solemnizing officer is not legally authorized (XPN:
belief in GF by either or both of the spouses)
3. Lack of Valid Marriage License
4. Bigamous or Polygamous Marriages
XPN: Article 41, Family Code
a. The prior spouse (absentee) must have been
absent for 4 consecutive years or 2 years where
there is danger of death;
b. The spouse present has a well-founded belief that
the absent spouse is already dead; and
c. The spouse present has obtained a judicial
declaration of presumptive death.
NB: The rule on obtaining the judicial declaration
applies only to subsequent marriages celebrated
during the effectivity of the Family Code. If it was
under the Civil Code, it suffices that the
prescribed period of absence is met.
5. Mistake in Identity
6. Non-compliance with Art. 52, FC
Rules: If previous marriage is annulled or judicially
declared void, the following shall be recorded in the
appropriate civil registry:
a. Judgment of annulment or of absolute nullity of
marriage
b. Partition and distribution of the properties of the
spouses
c. Delivery of the children’s presumptive legitimes.
7. Psychological Incapacity
Characteristics:
a. Gravity – illness must be shown as downright
incapacity or inability, not a mere refusal, neglect
or difficulty, much less ill will.
b. Juridical Antecedence – must be shown to be
existing at the time of the marriage, although
overt manifestations may emerge only after the
marriage.
c. Incurability – must be shown to be medically or
clinically permanent or incurable and such
incurability may be absolute or even relative only.
8. Incestuous Marriages
a. Between ascendants and descendants of any
degree, whether legitimate or illegitimate
b. Between brothers and sisters, full or half-blood,
legitimate or illegitimate
9. By reason of Pubic Policy
a. Between Collateral Blood Relatives – up to 4th civil
degree, legitimate or illegitimate
b. Between Step-Parents and Step-Children
NB: Marriage between step-brothers and step-
sisters are now valid under the Family Code
c. Between Parents-in-Law and Children-in-Law
d. Adoptive Relationships
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e. By Reason of Intentional Killing of Another’s
Spouse
10. Void Marriage under Article 40, FC
The article refers to a situation where the prior
marriage is void in itself buy a party thereto did not
secure a judicial declaration of nullity of the former
marriage before contracting a subsequent marriage.
NB: This must be distinguished with Art. 35(4), FC
since in Article 40, the subsequent marriage is void
not because of being bigamous but for failure to
comply with the requirement of the law – but take
note that the law still considers the party liable for
bigamy; on the other hand, the subsequent marriage
under Art. 35(4), FC is void for being bigamous since it
was celebrated while a valid marriage is still existing.
11. Both the present spouse and the subsequent spouse
acted in Bad Faith, for the both knew at the time of
the celebration of the subsequent marriage that the
absentee spouse is still alive (re: Article 41, Family
Code)
Valid Subsequent Bigamous Marriages under Art. 41,
Family Code; requisites:
1. The prior spouse (absentee) must have been absent for 4
consecutive years or 2 years where there is danger of
death;
2. The spouse present has a well-founded belief that the
absent spouse is already dead; and
3. The spouse present has obtained a judicial declaration of
presumptive death. (This judicial declaration is obtained
when the present spouse wishes to marry and he/she files
a summary proceeding of such nature)
Termination of the Subsequent Marriage under Art. 41 of
the Family Code
1. If marriage was celebrated under the Civil Code, it is
terminated by final judgment of annulment in a case
instituted by the absent spouse who reappears of by
either or the spouses in the subsequent marriage for the
ground – reappearance of the absentee spouse
2. If marriage was celebrated during the effectivity of the
Family Code, either: (a) by the recording of the affidavit of
reappearance; or (b) by by judicial declaration of
dissolution or termination of the subsequent marriage.
3. If the declaration of the absentee spouse’s presumptive
death is through fraud or is a sham – the remedy of that
spouse is NOT to file an affidavit of reappearance BUT an
action to annul the judgment declaring him presumptively
dead.
Effects of Judicial Declaration of Nullity of Marriage
GR: It retroacts to the date of its celebration – hence, it is
considered as having never taken place at all.
XPN:
1. Void ab initio first marriage and there is no judicial
declaration of its nullity – subsequent marriage is still
considered void because of bigamy (re: Art. 52, FC)
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2. There is no retroactive application if the marriage was
annulled on the ground of psychological incapacity –
thus, subsequent marriage contracted is still
considered void for being bigamous. (re: Art. 36, FC)
Property Relations of Void Marriages
1. Art. 147, FC – applies to marriages where the parties
are legally capacitated to get married and are not
barred by any impediment, but nonetheless the
marriage is Void. (i.e. marriage declared void due to
psychological incapacity or when it was celebrated
without a marriage license)
2. Art. 148, FC – applies where the parties are
incapacitated to marry each other (i.e. bigamous
marriage or when the parties are below 18 years old)
3. If the subsequent marriage is void by reason of non-
compliance with Article 40, the property relations
under the Family Code remains the same.
b. Voidable Marriages
Characteristics:
1. Valid until set aside by final judgment of a competent
court in an action for annulment
NB: the children conceived or born before the finality of
the judgment of annulment are legitimate
2. The defects of a voidable marriage can generally be
ratified or confirmed by free cohabitation or prescription;
exception:
a. Ground is physical incapability to consummate the
marriage (impotency)
b. Ground is affliction with STD which is serious and
incurable
3. Action for annulment is subject to prescriptive period or
statute of limitations.
4. Can only be assailed by a direct proceeding and not
collaterally
5. Can be questioned only during the lifetime of the parties
and not after death of either
6. Ground or defect must be in existence at the time of the
celebration of the marriage
Grounds for Annulment of Voidable Marriages
1. Lack of Parental Consent
2. Insanity
3. Consent is Obtained Through Fraud
a. Non-disclosure of Previous Conviction by final
judgment of a crime involving moral turpitude
b. Concealment of pregnancy by a man other than the
husband at the time of the celebration of marriage
c. Concealment of STD at the time of the celebration of
the marriage
d. Concealment of drug addiction, habitual alcoholism,
homosexuality or lesbianism
4. Consent is obtained Through Force, Intimidation or
Undue Influence
5. Either Party was Physically Incapable of Consummating
the Marriage (Impotence) – this refers to the inability to
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perform the act itself and not sterility or inability to persons, it must be registered in the local civil registry
procreate; must be incurable and unknown to the injured where the marriage contract is registered as well as in the
party at the time of the marriage registries of the properties.
Doctrine of Triennial Cohabitation – if the wife remains b. In absence of marriage settlement or in case it is void:
a virgin after 3 years of cohabitation, the husband will be i. Conjugal Partnership of Gains – if marriage was
presumed impotent celebrated before the Family Code
6. Either Party was Afflicted with STD which is Serious and ii. Absolute Community of Property – if marriage is
Incurable – must be existing at the time of the marriage celebrated during the effectivity of the Family Code
(different from the one under fraud since in fraud, it is iii. Complete Separation of Property – if no liquidation of
regardless of its nature) the property regime is made within 1 year from death
of the deceased spouse
LEGAL SEPARATION
B. Donations by Reason of Marriage or Donation Propter
Grounds for Legal Separation Nuptias
1. Repeated physical violence or grossly abusive conduct
directed against the petitioner, a common child, or a child Formalities
of the petitioner; 1. Personal Property with value more than PHP 5000 – must
2. Physical violence or moral pressure to compel the be in writing to be valid
petitioner to change religious or political affiliation; 2. Real Property – must be in public instrument to be valid
3. Attempt of respondent to corrupt or induce the
petitioner, a common child, or a child of the petitioner, to Donation Propter Nuptias
engage in prostitution, or connivance in such corruption 1. With respect to present property –
or inducement; a. Regime of Absolute Community – no limitation of
4. Final judgment sentencing the respondent to donation to future spouse
imprisonment of more than six years, even if pardoned; b. Other Regimes – not more than 1/5 of the present
5. Drug addiction or habitual alcoholism of the respondent; property, anything in excess is void.
6. Lesbianism or homosexuality of the respondent; 2. With respect to future property – must be in a form of a
7. Contracting by the respondent of a subsequent bigamous will. But if the donor is other than the future spouses,
marriage, whether in the Philippines or abroad; such donation is void pursuant to Art. 751 of the Civil
8. Sexual infidelity or perversion; Code.
9. Attempt by the respondent against the life of the
petitioner; or C. Systems of Absolute Community
10. Abandonment of petitioner by respondent without
justifiable cause for more than one year. In General
The H and W become joint owners of all the properties of the
Defenses in Legal Separation marriage (brought or acquired thereafter), except those
1. Where the aggrieved party has condoned the offense or excluded under Art. 92, FC.
act complained of;
2. Where the aggrieved party has consented to the Properties Excluded
commission of the offense or act complained of; Properties Acquired Prior Properties Acquired After
3. Where there is connivance between the parties in the The Marriage The Marriage
commission of the offense or act constituting the ground Those acquired by either Those acquired through
for legal separation; spouse who has legitimate gratuitous title, including
4. Where both parties have given ground for legal descendants by former fruits and income (XPN: the
separation; marriage, including fruits grantor expressly provides
5. Where there is collusion between the parties to obtain and income that they shall form part of
decree of legal separation; or the ACP)
6. Where the action is barred by prescription (5 years from For Personal and Exclusive For Personal and Exclusive
the occurrence of the cause) Use (XPN: Jewelries) Use (XPN: Jewelries)
Excluded in the Marriage
PROPERTY RELATIONS OF SPOUSES Settlement

A. General Provisions Obligations Chargeable to the Absolute Community

What shall govern their property relations?
a. The marriage settlement, if one is executed – such must
be in writing, signed and executed before the celebration
of the marriage. In order to be enforceable as against 3rd
1. Support of spouse, common children and legitimate
children of either spouse
2. Debts and Obligations
a. Ante-nuptial Debts: chargeable to ACP only if it
redounded to the benefit of the family

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b. Those contracted during the marriage by: (a) both
spouses; (b) by one spouse with the consent of the
other; (c) by one spouse without the consent of the
other but redounded to the benefit of the family; or
(d) by the administrator-spouse if it redounded to the
benefit of the family
3. Others – see Art. 94, Family Code
NB: The following shall be paid by the ACP, considered as
an advance share of the debtor-spouse, in case that his
separate property is not sufficient to pay such:
a. Ante-nuptial Debt which did not redound to the
benefit of the family
b. Support of Illegitimate Children
c. Those expenses for a crime or quasi-delict
Administration and Disposition of ACP
NB: The power to administer by one of the spouses does not
include the power to dispose or encumber without the
authority of the court or written approval of the other spouse.
Continuing Offer – if the disposition or encumbrance is void,
the transaction shall be considered as a continuing offer on
the part of the consenting spouse and the 3rd person, and
may be perfected upon acceptance or authorization by the
other spouse or the court before the offer is withdrawn.
NB: This is NOT ratification since a void contract cannot be
ratified!
Dissolution or Termination of the Absolute Community
1. Death by either spouse – it is mandatory that the ACP
must be liquidated a year from the death of the deceased
spouse, otherwise: any encumbrance shall be considered
void (however, SC said that the sale shall be considered
valid so long as there is yet a partition of the property and
the sale is limited only to the ideal share of the selling co-
heir) and a regime of complete separation of property
shall govern the subsequent marriage of the surviving
spouse
2. Finality of a Decree of Legal Separation – this does not
include separation in fact
3. Finality of Judgment of Annulment
4. Finality of Judgment declaring the marriage Void –
available only to a Void Marriage by reason of non-
compliance with Art. 40, FC.
5. Upon Judicial Separation of property during the marriage,
voluntarily or for a cause.
D. Conjugal Partnership of Gains
In General
A special type of partnership where the H and W place in a
common fund the proceeds, products, fruits and income from
their separate properties and those acquired by either or both
spouses through their efforts or by chance. NB: Like in ACP,
there is also no waiver of Rights, Interests, Shares and Effects
(RISE) during marriage.
Properties Excluded
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1. Properties acquired prior to the marriage (XPN: Net Fruits
and those included in the settlement subject to 1/5
limitation [re: donation propter nuptias])
2. Properties acquired during the marriage by gratuitous
title.
3. Properties acquired by right of redemption, barter or
exchange with property belonging to only one of the
spouses. (NB: the property so redeemed remains to be a
separate property even if the money paid for it is from the
CPG only that it is subject to reimbursement)
4. Properties purchased with exclusive money.
Properties Included
1. Properties acquired by onerous title during the
marriage at the expense of the common fund.
2. Property obtained during the marriage from the labor,
industry, work or profession of either or both spouses.
3. Fruits from Conjugal Properties and “net fruits” from
separate properties.
4. Share in hidden treasure and those acquired through
fishing or hunting
5. Those acquired through chance, such as winnings from
gambling or betting (losses are taken from exclusive
properties)
6. Livestock existing at the dissolution od the partnership, in
excess of the number of each kind brought to the
marriage by either spouse.
Obligations Chargeable to CPG
1. Support of spouse, common children and legitimate
children of either spouse
2. Debts and Obligations
a. Ante-nuptial Debts: chargeable to CPG only if it
redounded to the benefit of the family
b. Those contracted during the marriage by: (a) both
spouses; (b) by one spouse with the consent of the
other; (c) by one spouse without the consent of the
other but redounded to the benefit of the family; or
(d) by the administrator-spouse if it redounded to
the benefit of the family
c. Taxes and Expenses
The buyers of Conjugal Property must observe 2 kinds of
requisite diligence:
1. The diligence in verifying the validity of the title covering
the property
2. The diligence in inquiring into the authority of the
transacting spouse to sell conjugal property in behalf of
the other spouse.
E. Separation of Property of Spouses
When Can It Govern?
1. Agreed upon in Marriage settlement
NB: This can be full or partial. In case of partial separation,
the separate properties shall pertain to absolute
community
2. By Judicial Order:
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a. Finality of Decree of Legal Separation
b. Joint Petition of the Spouses for Voluntary Separation
c. Upon petition for Judicial Separation due to a
sufficient cause (Art. 135, FC)
3. Failure of SS to liquidate within 1 year from death of the
former spouse
F. Property Regime of Unions without Marriage
Property Regime under Article 147, Family Code
a. Requisites:
i. The parties must be capacitated to marry each other;
ii. That they exclusively live each other as husband and
wife; and
iii. Their union is w/o the benefit of marriage or their
marriage is void.
b. Rule on Distribution of Property
i. Wages and Salaries – divided in equal shares
ii. Property Acquired during cohabitation – rules on equal
co-ownership shall govern.
NB:
 During the cohabitation, the parties are prohibited
from disposing by acts inter vivos their respective share
in the co-owned property
 In case the void marriage is brought about by the BF
of one of the spouses, the share of the guilty spouse
shall be distributed as follows:
a. The common children, if any;
b. In the absence of the common children, the
surviving descendants of the guilty party;
c. In their default, the innocent party.
Property Regime under Article 148, Family Code
a. Requisites:
i. The man and woman must be incapacitated to marry
each other or they do not live exclusively together as
husband and wife; and
ii. Their union is w/o the benefit of marriage or their
marriage is void.
b. Rules on Distribution of Properties
i. Wages and Salaries – that which earned by him or her
are owned by him or her exclusively
ii. Property acquired during cohabitation – only the
properties that acquired by both the parties thereto
through their actual joint contribution of money,
property and industry shall be owned by them in
common in proportion to their respective contributions.
NB: If one of the parties in the cohabitation is validly
married to another, his or her share shall form part of the
ACP or CPG existing in such valid marriage.
THE FAMILY
A. The Family as an Institution
Suit between members of the same family
“Earnest Efforts” for a compromise must be shown by the
parties, as a condition sine qua non, before a case may be filed
as against each other.
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XPN: the following cases are not subject to compromise:
a. Jurisdiction of courts
b. Civil status of persons
c. Future Support
d. Future Legitime
e. Any ground for legal separation
f. Validity of Marriage or Legal Separation
B. The Family Home
Requisites in order for the relatives be considered as
beneficiaries of the Family Home:
1. They reside therein
2. They are one of those enumerated under Art. 154, FC
3. They depend for legal support from the head of the
Family Home
Value of Exemption for the Family Home
1. Urban Areas – 300k
2. Rural Areas – 200k
Exception to non execution, forced sale or attachment of
the Family Home:
1. Non-payment of Taxes
2. Debts incurred prior to the constitution of the FH
3. Debts secured by mortgages on the premises before or
after such constitution
4. Debts due to laborers, mechanics, architects, builders,
material men and others who have rendered service or
furnished material for the construction of the building
PATERNITY AND FILIATION
A. Legitimate Children
Status of Children
1. Generally determined by status of marriage
a. Legitimate – conceived or born of a valid marriage
b. Illegitimate – conceived and born outside of a valid
marriage
c. Legitimated – at the time of the child’s conception, the
parents of an illegitimate child are not barred from
marrying each other or their only impediment is
minority and subsequently, they enter into a valid
marriage, the child through legitimation becomes
legitimate and enjoys all rights and privileges as a
legitimate child.
d. Children Conceived of AI – WON the sperm is of the
husband or the donor the child is legitimate if: (1)
husband and wife authorized or ratified such
insemination in a written instrument; and (2) such
written instrument is executed and signed by them
before the birth of the child.
e. Surrogate Mother Contract – such agreement is not
recognized under the Philippine Law it being contrary
to law, morals and public policy.
2. Presumption of Legitimacy
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a. A child conceived through a wife’s infidelity to another
man while legally married to her husband, is
considered as a legitimate child of the husband and
wife for that child was conceived during a valid and
subsisting marriage.
b. Referring to (a.) the mother cannot declare against the
child’s legitimacy by denying the paternity of her
husband.
Impugning Legitimate Child’s Legitimacy
a. Who can impugn:
GR: Personal Right of the Husband
XPN: Heirs of the husband; if:
i. The husband dies before the expiration of the
prescriptive period;
ii. The husband dies after the filing of the action
without desisting therefrom; and
iii. If the child was born after the death of the husband
b. Prescriptive Period of Action to Impugn Legitimacy
i. 1 year from knowledge of birth or recording of such
birth in the civil register – if the husband or his heirs
resides in the city or municipality where the birth
took place or was recorded
ii. 2 years – if the husband or his heirs do not reside at
the place of birth or where it was recorded, but are
all residing in the Philippines
iii. 3 years – if husband or heirs reside abroad
c. Grounds to Impugn Legitimacy
i. Physical Impossibility of Sexual Intercourse – or
within the first 120 days of the 300 days immediately
preceding the birth of the child:
(a) Impotency (not sterility)
(b) Fact that they are living separately and sexual
intercourse was impossible
(c) Serious Illness of the husband which absolutely
prevented sexual intercourse
ii. Biological or Scientific Reasons (i.e. the written
authorization of either parent was obtained through
mistake, fraud, violence, intimidation or undue
influence)
d. Legitimacy of the Child is NOT subject to a collateral
attack but only through a direct action brought for that
purpose
 Collateral Attacks like: (a) an action for reconveyance;
(b) action for partition; (c) petition for correction of
entries under R. 108, ROC
Effect of Termination of Marriage and Remarriage of
Mother on Child’s Status
a. Applicability of Article 168, FC
i. Requisites:
(a) A previous marriage is terminated
(b) The mother contracted another marriage within
300 days after the termination of the previous
marriage
(c) A child is born within 300 days after the
termination of previous marriage
ii. Rules in determining Paternity:
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(a) The child belongs to the first marriage and the first
husband is considered the father if: (1) it be born
BEFORE 180 days after the solemnization of the
second marriage; and (2) within 300 days after the
termination of the previous marriage.
(b) The child belongs to the first marriage and the first
husband is considered the father if: (1) it be born
AFTER 180 days after the solemnization of the
second marriage; and (2) even if born within 300
days after the termination of the previous
marriage.
Rights of a Legitimate Child
1. Right to use surnames of the mother and father
2. Right to Receive Support
3. Successional Rights
4. Citizenship – only legitimate children follows the
citizenship of the father
B. Proof of Filiation
Accepted Proofs of Filiation
1. The record of birth appearing in the civil register or a final
judgment
2. An admission of legitimate filiation in a public document
or a private handwritten instrument and signed by the
parent concerned.
a. Private Handwritten Instrument – (a) there must be a
statement of admission of filiation; and (b) the
handwritten instrument must be signed by the parent
concerned
NB: If this is the lone evidence, both requirements
must be followed to be given weight; however, if it is
mere corroborative of another evidence, absence of
the signature of the parent concerned will not
invalidate the instrument
3. The open and continuous possession of the status of a
legitimate child; or
4. Any other means allowed by the Rules of Court and
special laws. (i.e. DNA Test, Rule 130 ROC) by totality of
evidence
Who can file action to claim filiation
a. Legitimate Filiation
GR: the Child claiming such filiation
XPN: His heirs when: (a) the child dies during minority; or
(b) child dies during state of minority
b. Illegitimate Filiation
GR: the Child claiming such filiation
XPN: His heirs when: (a) the child dies during minority; or
(b) child dies during state of minority
Prescriptive Periods to file action to claim filiation
a. Legitimate Filiation
GR: during the lifetime of the child
XPN: in exceptional cases, 5 years from death of the child
b. Illegitimate Filiation
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(a) If action is based on admission of paternity or birth
certificate or written instrument
GR: during lifetime of child even after death of
putative father
XPN: Heirs in exceptional cases
(b) If action is based on either: (1) open and continuous
possession of illegitimate status; or (2) any other
action allowed by the ROC or special laws
RULE: only during the lifetime of the alleged parent
NB: since the FC makes no distinction as to WON the child
is a minor when the father dies – the court gives the child 4
years from the time of attaining the age of majority.
C. Illegitimate Children
Rights of an Illegitimate Child
1. Right to use surname of the mother unless the child
acquires the right to use the surname of the illegitimate
father via (a) express recognition in certificate of birth; or
(b) admission of paternity of the father in a public
document or a private handwritten instrument
2. Parental Authority: with the mother even if the illegitimate
child is recognized by the illegitimate father
3. Right to Receive Support (re: community property)
4. Successional Rights
5. Citizenship – only legitimate children follows the
citizenship of the father
D. Legitimation
Is the process provided under our law where the status of a
child conceived and born out of wedlock is improved, by
operation of law, from illegitimacy to that of legitimacy by the
mere subsequent marriage of the parents. Reckoning Point –
the child’s conception
NB: the prescriptive period to impugn legitimation by those
whose rights may be prejudiced is 5 years from the time of
death or either of the parents of the child, from whom the
petitioner is a compulsory/intestate heir.
ADOPTION
A. Domestic Adoption Act (RA 8552)
Who May Adopt
(a) Any Filipino citizen of legal age, in possession of full civil
capacity and legal rights, of good moral character, has
not been convicted of any crime involving moral
turpitude, emotionally and psychologically capable of
caring for children, at least sixteen (16) years older than
the adoptee, and who is in a position to support and
care for his/her children in keeping with the means of
the family. The requirement of sixteen (16) year
difference between the age of the adopter and adoptee
may be waived when the adopter is the biological
parent of the adoptee, or is the spouse of the adoptee's
parent;
(b) Any alien possessing the same qualifications as above
stated for Filipino nationals: Provided, That his/her
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country has diplomatic relations with the Republic of
the Philippines, that he/she has been living in the
Philippines for at least three (3) continuous years prior
to the filing of the application for adoption and
maintains such residence until the adoption decree is
entered, that he/she has been certified by his/her
diplomatic or consular office or any appropriate
government agency that he/she has the legal capacity
to adopt in his/her country, and that his/her
government allows the adoptee to enter his/her country
as his/her adopted son/daughter: Provided,
Further, That the requirements on residency and
certification of the alien's qualification to adopt in
his/her country may be waived for the following:
(i) a former Filipino citizen who seeks to adopt a
relative within the fourth (4th) degree of
consanguinity or affinity; or
(ii) one who seeks to adopt the legitimate
son/daughter of his/her Filipino spouse; or
(iii) one who is married to a Filipino citizen and seeks
to adopt jointly with his/her spouse a relative
within the fourth (4th) degree of consanguinity
or affinity of the Filipino spouse; or
(c) The guardian with respect to the ward after the
termination of the guardianship and clearance of his/her
financial accountabilities.
Husband and wife shall jointly adopt, except in the following
cases:
(i) if one spouse seeks to adopt the legitimate
son/daughter of the other; or
(ii) if one spouse seeks to adopt his/her own illegitimate
son/daughter: Provided, However, that the other spouse
has signified his/her consent thereto; or
(iii) if the spouses are legally separated from each other.
In case husband and wife jointly adopt, or one spouse
adopts the illegitimate son/daughter of the other, joint
parental authority shall be exercised by the spouses.
Who May Be Adopted
(a) Any person below eighteen (18) years of age who has
been administratively or judicially declared available for
adoption;
(b) The legitimate son/daughter of one spouse by the other
spouse;
(c) An illegitimate son/daughter by a qualified adopter to
improve his/her status to that of legitimacy;
(d) A person of legal age if, prior to the adoption, said
person has been consistently considered and treated by
the adopter(s) as his/her own child since minority;
(e) A child whose adoption has been previously rescinded;
or
(f) A child whose biological or adoptive parent(s) has
died: Provided, That no proceedings shall be initiated
within six (6) months from the time of death of said
parent(s).
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Rights of an Adopted Child (re: 189-190, FC)
Whose Written Consent is Necessary to the Adoption
(a) The adoptee, if ten (10) years of age or over;
(b) The biological parent(s) of the child, if known, or the
legal guardian, or the proper government
instrumentality which has legal custody of the child;
(c) The legitimate and adopted sons/daughters, ten (10)
years of age or over, of the adopter(s) and adoptee, if
any;
(d) The illegitimate sons/daughters, ten (10) years of age or
over, of the adopter if living with said adopter and the
latter's spouse, if any; and
(e) The spouse, if any, of the person adopting or to be
adopted.
Instances when Adoption may be Rescinded
Upon petition of the adoptee, with the assistance of the
Department if a minor or if over eighteen (18) years of age
but is incapacitated, as guardian/counsel, the adoption may
be rescinded on any of the following grounds committed
by the adopter(s):
(a) repeated physical and verbal maltreatment by the
adopter(s) despite having undergone counseling;
(b) attempt on the life of the adoptee;
(c) sexual assault or violence; or
(d) abandonment and failure to comply with parental
obligations.
Adoption, being in the best interest of the child, shall not
be subject to rescission by the adopter(s). However, the
adopter(s) may disinherit the adoptee for causes provided
in Article 919 of the Civil Code.
Effects of Rescission
If the petition is granted, the parental authority of the
adoptee's biological parent(s), if known, or the legal
custody of the Department shall be restored if the adoptee
is still a minor or incapacitated. The reciprocal rights and
obligations of the adopter(s) and the adoptee to each other
shall be extinguished.
The court shall order the Civil Registrar to cancel the
amended certificate of birth of the adoptee and restore
his/her original birth certificate.
Succession rights shall revert to its status prior to
adoption, but only as of the date of judgment of judicial
rescission. Vested rights acquired prior to judicial rescission
shall be respected.
All the foregoing effects of rescission of adoption shall
be without prejudice to the penalties imposable under the
Penal Code if the criminal acts are properly proven.
B. Inter-Country Adoption Act (RA 8043)
When Allowed
The Board shall ensure that all possibilities for adoption
of the child under the Family Code have been exhausted
and that inter-country adoption is in the best interest of the
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child. Towards this end, the Board shall set up the
guidelines to ensure that steps will be taken to place the
child in the Philippines before the child is placed for inter-
country adoption: Provided, however, That the maximum
number that may be allowed for foreign adoption shall not
exceed six hundred (600) a year for the first five (5) years.
Who May Adopt
An alien or a Filipino citizen permanently residing abroad
may file an application for inter-country adoption of a
Filipino child if he/she:
1. Is at least twenty-seven (27) years of age and at least
sixteen (16) years older than the child to be adopted, at
the time of application unless the adopter is the parent
by nature of the child to be adopted or the spouse of
such parent:
2. if married, his/her spouse must jointly file for the
adoption;
3. has the capacity to act and assume all rights and
responsibilities of parental authority under his national
laws, and has undergone the appropriate counseling
from an accredited counselor in his/her country;
4. has not been convicted of a crime involving moral
turpitude;
5. is eligible to adopt under his/her national law;
6. is in a position to provide the proper care and support
and to give the necessary moral values and example to
all his children, including the child to be adopted;
7. agrees to uphold the basic rights of the child as
embodied under Philippine laws, the U.N. Convention
on the Rights of the Child, and to abide by the rules and
regulations issued to implement the provisions of this
Act;
8. comes from a country with whom the Philippines has
diplomatic relations and whose government maintains a
similarly authorized and accredited agency and that
adoption is allowed under his/her national laws; and
9. possesses all the qualifications and none of the
disqualifications provided herein and in other applicable
Philippine laws.
Who May Be Adopted
Only a legally free child may be the subject of inter-country
adoption. In order that such child may be considered for
placement, the following documents must be submitted to
the Board:
1. Child study;
2. Birth certificate/foundling certificate;
3. Deed of voluntary commitment/decree of
abandonment/death certificate of parents;
4. Medical evaluation /history;
5. Psychological evaluation, as necessary; and
6. Recent photo of the child.
C. Distinction Between Domestic Adoption and Inter-
Country Adoption
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