Part 1 - Persons and Family Relations PDF

, PARTI
: PERSONS AND FAMILY RELATIONS
A. GENERAL CONCEPTS
1. CONCEPT OF LAW AND CIVIL LAW

1.01. LAW. In its general and abstract sense, it is the science
of moral laws founded on the rational nature of man
that governs his free activity for the realization of the
individual and social ends o f life under an aspect of
mutual conditional dependence.’
a) In its specific and concrete sense, it is a rule of
conduct which is of common observance and
benefit, just and obligatory, promulgated by
legitimate authority.12
1.02. CIVIL LAW. It is the mass of precepts that determine
or regulate relations that exists between members
of the society for the protection of private interests3
(1950 and 1997 Bar). '
a) Civil Law is that system of laws that is rooted in
Roman Law and is the progeny of the wave of
codification of laws that transpired in Europe.
Our civil law came largely from the French Civil
Law System (1998 Bar).
1L ap itm v. PKlL. Charity Sweepstakes Office, 4 CAR (2 s )'704, cited in M oreno,

Philippine Law D ictionary, 1972 Ed., p. 267, hereinafter referred to as Moreno.
2iWd.; See Sanchez Roman.
3Quisaba v. Sta. Ines-Melalc Veneer and Plywood, Inc., 58SC R A 771 (1974).
2 REVIEWER ON CIVIL LAW
1.03. COMMON LAW. It is "the body of judge-made

law based on the good sense of the judges who can
discern justice on a-âse-to-case basis.^4 Common
Law is the collection of legal interpretations made
by judges (1998 Bar).5 In the United States, these
interpretations are laws unless they are revoked later
by new statutory law (1998 Bar).6
a) Law M erchant — it is the body of commercial
laws governing merchants that developed
out of usages and procedures that developed
over a long period of time among merchants
in Europe.7 This body of laws developed
separately from Common Law but was later
adopted into Common law. Law Merchant is
expressly adopted as suppletory rules with
■ respect to negotiable instruments when no
specific provision can be applied.8
b) Statutory Law Prevails. Common law, as well
as Law Merchant, is entitled to our deepest
respect and reverence. The courts are constantly
guided by its doctrines. Yet neither English
nor American common law is in force in these
Islands, nor are the doctrines derived therefrom
binding upon our courts, save only insofar as
they are founded on sound principles applicable
to local conditions, and are not in conflict with
existing law.9
4Agabiiv Mestizo: 37ie Story o f the Philippine Legal System , p. 126.

sKubasek, Browne, Herron, Giampetro-Meyer, Barkacs, Dhooge & Williamson,
D ynamic Business Law, 2009 Ed., p. 7.
H bid .' '
7Barron's Law Dictionary, 6th Ed., 2010, p. 305.
“Sec. 196, NIL; Great Asian Sales Corporation v. The Court.of Appeals, G.R. No.
105774, April 25,2002.
9U.S. v. Cuna, G.R. No. L-4504, December 15,1908,12 Phil. 241 (1908); lir e United
States v. Abiog, G.R. No. L-12747, November 13,1917; Cruz v. Pahati, G.R. No; L-8257,
April 13,1956.
PERSONS AND FAMILY RELATIONS 3
General Concepts
1.04. KINDS OF LAWS.

a) As to the Relationships governed.
(1) Public Law — governs the relationship
between the JState and its citizens and
inhabitants. Examples: Constitutional Law,
Public International Law, Administrative
Law, and Criminal Law.
(2) Private Law — governs the relationship
between citizens, inhabitants and other
persons who may be within its territory.
Examples: Civil Law and Commercial Law.
b) As to Effect: Mandatory or Permissive.
(1) Mandatory — the law imposes something
to be done (positive) or something that
cannot be done (prohibitory or negative).
(2) Permissive laws that are merely
^dlrectojy in nature; it provides rules of
' conduct that are not mandatory.
As to Nature: Substantive or Procedural or
Curative.
(1) Substantive — laws that create, modify or
define rights and obligations or imposes
penalties, damages and other substantive
provisions. Example: Laws providing
for extinctive prescription are part of
substantive law (1955 Bar).10
(2) Procedural — laws that establish rules
and procedure for the enforcement of
rights and obligations. Broadly speaking,
these include procedures and doctrines
promulgated by the Supreme Court.11
10The 1955 Bar Exam question asks for an example o f substantive law that might
plausibly be mistaken for prcredural statute.
“ See University o f the Philippines v. Dizon, G JL No. 18112, August 23,2012.
4 REVIEWER ON CIVIL LAW: ■
(3) Curative — laws that cure defects of an

existing or prior law.
2. APPLICABLE LAWS.
2.01. CONSTITUTION. The Constitution is the highest
law of the land. It contains provisions that are also
governed or implemented by different civil laws.
2.02. THE NEW CIVIL CODE OF THE PHILIPPINES."
The general law is R.A. No. 386, otherwise known
was the New Civil Code o f the Philippines, that took
effect on August 30. 195Q (I960 and 1962 Bar). The
New Civil Code repealed the provisions of the Code
of Commerce on Sales, Partnership, Agency, Loan,
Deposit and Guaranty (SPALD-G). The New Civil
Code likewise repealed the Spanish Civil Code which
was effective from December 8 ,1889.*13
a) Suppletory Application. There are matters that
; are still governed by the Code of Commerce.
(Examples: Marine Transportation and Joint
Accounts) The New Civil Code applies supple-
torily to matters that are governed by the Code
of Commerce and special laws; the deficiency in
supplied by die provisions of the Civil Code.14

■■■- b) The Fam ily Code of the Philippines (Executive
Order No. 209). The Family Code repealed the
, provisions of the New Civil Code on marriage,
' status of children, parental authority, and other
similar matters.
c) Examples of Special Laws.
(1) Persons and Family Relations: (1) Child
and Youth Welfare Code (P.D. No. 603);
(2) Women in Development and Nation
^Hereinafter cited as NCC.

13Benedicto v. De la Rama, 3 Phil. 43.
14Art. 1 8 ,NCC. .
General Concepts
Building A ct (R.A. No. 7192); Domestic

Adoption Act of 1998 (R.A. No. 8552); and
Inter-Country Adoption Act of 1995 (R.A.
No. 8043). -
(2) Property. — (1) Spanish Law of Waters of
1866; (2) Water Code of the Philippines
(P.D. No. 1067); and (3) Condominium Act
(R.A. No. 4726).
2.03... TREATIES. Treaties are part of the law of the land.
Violation of treaties may result in sanctions under
international law,' on the party that disobeyed its
provisions.15 ,
2.04. ADMINISTRATIVE RULES. These rules are the
collection of rules made by administrative agencies.16
These rules implement laws; these rules are also
legally binding.
2.04.01. Kinds. (1) "Legislative rules are in the nature of
subordinate legislation and designed to implement a
primary legislation by providing the details thereof.
"They usually implement existing law, imposing
general, extra-statutory obligations pursuant to
authority properly delegated by Congress and
effect a change- in existing law or policy which
affects individual rights and obligations;17" (2)
"Interpretative rules are intended to interpret,
clarify or explain existing statutory regulations
Under which the administrative body operates. Their
purpose or objective is merely to construe the statute
being administered and purport to do no more than
interpret ihe^âtute!”Simplyf they try to say what
the statute means and refer to no single person or
party in particular but concern all those belonging
to the same class which may be covered by the said
15Kubasek, et al., supra, p. 9.

16Ibid.
^Republic v. Drugmaker's Laboratories, Inc., G.R. No. 190837, March 5,2014.
rules;"18 (3) "Contingent rules are those issued by an

administrative authority based on the evisfpwrp nf
certain facts orthings upon which the enforcement of
tne law depends."19
2.04.02. Validity. Administrative or executive acts, orders
and regulations shall be valid only when they are not
contrary to laws or the Constitution.'
2.05. EQUITY. Equity is justice based on natural law.
Equity follows the law — it is to be applied only in
the absence of, and never against statutory law or
judicial rules of procedure. Positive rules prevail over
equity (1967,2000, and 2003 Bar).20A related concept is
- Dura lex sed lex.
2.06. GENERAL PRINCIPLES OF LAW. "General
principles of law recognized by civilized nations are
principles 'established by a process of reasoning' or
judicial logic, based on principles which are 'basic to
legal systems generally/such as'gen eral principles
of equity, i.e., the general principles of fairness
and justice/1 and the 'general principle against
discrimination.'"21
a) General principles of law are being applied in
this jurisdiction. Examples: It is a general principle of
law that: (1) ih case of doubt, the condition of he who
possesses is the better one;22 (2) "delegatus non potest
delegare," a delegated power may not be further
delegated by the person to whom such power is
delegated;23 (3) Article 19 of the New Civil Code; (4)
principle against unjust enrichment.
“ Republic v. Drugmaker's Laboratories, In c, supra.

l9Ibid.
20Antique Development Corp. v. Rabacaly 680 SGRA 79 (2012); Beumer v. Amores,
686 SCRA 770 (2012).
“ Poe Llamanzares v. Elamparo, G.R. Nos. 221697 a n d 221698-700, March 8,2016.
“ The Heirs of Jumerov. Lizares, G.R. No. 5051, September 27,1910.
“ Dalamal v. Deportation Board, G.R. No. L-16812, October 31,1963.
General Concepts
2.07. SOFT LAW. "These are rules that are not legally
binding but which in practice will normally b e'
adhered to by those who subscribe to ffieiiiv wReflier
because of moral suasion, the sanction of expulsion
of the trade association promulgating the rules or the
fear of adverse legislation or administrative action if
the rules are not observed."24Examples are voluntary
codes of practice.2®In international Law, Soft Law
means non-binding norms, principles, and practices
that influence State behavior.26
3. BASIC RULES REGARDING LAWS.
3.01. EFFECTIVITY OF LAWS. Laws shall take effect

after 15 days following the completion of their
pubticafionln lh e Official Gazette or in a newspaper
of general circulation, unlessTHs otherwise provided.
Publication is a requirement of due process (1990
Bar)?7
a) Entire Law. The entire lawjshould be published.
Publication of merely the title or any part of the
law or a summary thereof is not sufficient.28*
b) Longer or Shorter Period. The law may provide
for a longer or shorter period of effectivity after
publication. For example, a law may provide
that it shall take effect 30 days after publication.
The law may also expressly provide that it
shall take effect the moment it is published in a
newspaper of general circulation.
3.01.01. Administrative Circulars and Executive Orders.
Legislative Rules, particularly, circulars and Orders
24Ewan McKendrick, Goode on Comm ercial Law, 2010 Ed., p. 21.

Îbid.
“ Pharmaceutical and Health Care Association of the Philippines, Inc. v. Duque ID,
G.R. No. 173034, October 9,2007.
Ârt. 2, NCC as amended by E.O. No. 200; Tanada v. Tuvera, 136 SGRA 27; 1990
Bar Exams.
^Tanada v. Tuvera, 146 SCRA 446.
REVIEWER ON CIVIL LAW
that are punitive in nature or are meant to implement

existing laws based on a valid delegation of power
from Congress must also be published.29
(1) Interpretative regulations and those merely
internal in nature that regulate only the
personnel of the administrative agency and not
the public need not be published/0 -
(2) Letters of instructions issued by administrative
superiors concerning rules or guidelines to
be followed by subordinates need not be
published.*3132
(3) For Administrative Rules and Regulations to
be effective, the Concerned agency must also
file with the University of the Philippines
Law Center three certified copies of every rule
3.02. ... IGNORANCE OF THE: LAW. Ignorance of the law

■ excuses no one from compliance therewith. This
provides for a conclusive presumption.33
a) This rule applies only to mandatory and
prohibitory laws.34*However, it also applies to
,§upreme Court decisions,31’
b) Mistake on doubtful'or difficult interpretation of
law may be the basis for claiming: good faith.36
c) Mistake of law must be distinguished from
mistake of FACT. Mistake or ignorance of fact
•^Pesigan v. Angeles, 129 SCRA. 174; Phil. International Trading Corp. v. Angeles,
263 SCR A 421.
C a n a d a v. Tuvera, 146 SCRA 446.
3iibid. c '
32Sees. 3 and 4, Chapter 2, Book VII, Administrative Code of 1987; Philippine
Association of Service Exporters, Inc. (PASEI) v. Torres, G R . No, 101279, August 6,1992.
“ Art. 3, NCC.
■ “ Consunjiv.CA ,G .K . No. 137873, A p ril20,2001. .. . - . . v ' ..v .-
“ Millarosa v. Carmel D ev, Inc.> G.R. No, 194538/ November 27,2013.
“ Art. 526, NCC.
General Concepts
may be the basis for claiming absence of intent;

it may also vitiate consent in contracts (1996
Bar).3”
3.03. NON-RETROACTIVITY OF LAWS. Laws shall
have no retroactive effect, unless the contrary is
provided (1966 Bar).33
3.03.01. EXCEPTIONS: (1) When the contrary is expressly £
- nl
provided bv law: (2) Interpretative statutes; (3)
. Procedural / remedial laws; (4) Curative statutes -
statutes that were enacted to cure defects, abridge
V-
superfluities, and curb certain evils;37389 (5) Laws
creating new rights; (6) Emergency laws; and (7) Tax
laws.40 ■
a) Even if the law provides for retroactivity, the
same is invalid if it is either: (1) an Ex pos t facto ^
law, or (2) a law that impair the obligation o f s
contracts.
b) If the law takes away rights or creates rights
(example creating a right to appeal) then the law
is NOT procedUralrlt is procedural if it merely
Operates' as a means of implementing an existing
right.41
3.04. MANDATORY OR PROHIBITORY LAWS. Acts
executed against the provisions of mandatory or
prohibitory laws shall be void, except when the law
itself authorizes their validity.42
a) Exceptions:
(1) When die law itself authorizes the validity
of the act;
37Art. 1390, ibid.; 1996 Bar Exams. ^

38A rt.4,N C C .
^Securities and Exchange Commission v. Laigo, G.R. No. 188639, September 2,
2015. ■
40Pneumonic: CIPCRET.
‘ ‘Securities and Exchange Commission v. Laigo, supra.
42A rt.5,N C C . ■ '
(2) When the law makes the act only voidable
(3) When the law makes the act valid but

punishes die violator.
3.04.01. Effect of Foreign Laws and Judgments. Prohibitive
laws concerning persons, their acts or property,
and those which have for their object, public order,
public policy and good customs shall not be rendered
ineffective by laws or judgments promulgated, or
by determinations or conventions agreed upon in a
foreign country.®
3.04.02. Cases When NCC Applies Foreign Laws. However,
the New Civil Code, in certain cases sanctions the
application of foreign laws even in proceedings in
the Philippines (1964 Bar). Examples: (1) Article 15
on Family Rights, Duties of a foreigner; (2) Article
16 with respect to order of succession, successional
rights intrinsic validity of a will of a foreigner; (3)
, Article 1039 on the capacity to succeed of a foreigner;
and (4) Article 1753 in international carriage of goods
where the destination is another country.
3.05. REPEAL AND NON-OBSERVANCE. Laws are
repealed only by subsequent ones.4344
a) Violation or non-observance of law shall not be
excused by disuse, or custom or practice to the
contrary.
b) When the courts declare a law to be inconsistent
id and
the Constitution shall govern.
3.06. COMPUTATION OF PERIOD. When the laws
speak of years, months, days or nights, it shall be
understood:45
43Art. 17,3rd paragraph, NCC.

“ Art. 7, NCC.
45Art. 13, NCC and Sec. 31, E.O. No. 292 otherwise known as the Administrative
Code of 1987.
11
Year 12 Calendar Months — Section 31, Admi

nistrative Codie of 1987.
Note: Article 13 provides that a year
is 365 days. However, the
Administrative Code is controlling;
the Administrative Code partially
impliedly repealed Article 13 of the
........... NCC.«
Month 30 days each month.
Day 24 hours
Nights Sunset to sunrise
Month designated Actual number of days of the given month.

bynam e (Example: December — 31 days)
a) How to Count. In computing a period, the first

day shall be excluded, arid file last day included.
3.07. APPLICABLE LAWS.
ACTIVITY OR PERSONS APPLICABLE

MATTER TO BE INVOLVED LAWS
REGULATED BY LAW
1. Family rights and Filipino Citizens Philippine Laws
duties, or the status, apply — even if the
condition and legal citizen is abroad (Art.
capacity of persons 15, NCC; 1965, 1968,
1995, 1998, 2001,
2002, 2004, and 2013
Bar).
This is called the rule

otLexNationalii.
■“ William Co v. New Prosperity Plastic Products, G.R. No. 183994, June 30,2014.
2. Family rights and Foreign National Lex Nationalii — The

duties, or die status, laws of the country
condition and legal of the foreign na
capacity of persons. tional apply (Art.
Example: Capacity 15, NCC; 1995, 1997,
to contract marriage 1998, 2001, 2002,
(1998 and 2004 Bar) 2003,2004 Bar).
3. Crime, public secu (i) Filipino Citi Philippine Laws

rity and safety — zens, (ii) Those (but subject to
within Philippine who live and so the principles of
Territory journ in the Philip international law
pines and treaties) (Art. 14,
NCC).
4. Properties both Real Filipino or Foreign Lex Ret Sitae: Philip
and Personal National pine laws for prop
erties in the Philip
pines (Art. 16, NCC).
(2007 Bar)
5. Intestate and Testa Filipinos Philippine Laws
mentary Succession (Aft, 16, NCC) (2001
(with respect to the and 2004 Bar)
order of succession
arid to die amount of,
successional rights
and to the intrinsic
validity of testamen
tary provisions)
6. Intestate and Testa Foreign National Law of the Country
mentary Succession of the Foreign Na
(with respect to the tional (Art. 16, NCC;
order of succession 1950, 1964, 1995,
and to the amount of 2001, 2002, 2004, and
successional rights 2007 Bar).
and to the intrinsic
Note: The law of die
validity of testamen
Foreign National
tary provisions)
applies even if he
or she is a former
Filipino (2004 Bar).
General Concepts
.. _
......... .. . _ ....
- .. -........
». - ,
7. Formalities—: forms Filipino or. Foreign Lex Loci Celebrationis

and solemnities National — Law of the country
of contracts, wills, where executed. (Art.
and other public 17, NCC; 1364, 1967
instruments and 1969 Bar).
Example: If the con
tract was executed
in the Philippines,
Philippine laws ap-
ply with respect to
formalities. This in-
eludes those execut-
ed in a Philippine
consulate or embassy
abroad..
PROBLEMS:
1. Alex was bom a Filipino, but was a naturalized Canadian citizen
at the time of his death on December 25,1998. He left behind a last
will and testament in which he bequeathed all his properties, real
and personal, in the Philippines; to his acknowledged, illegitimate
daughter and nothing to his two legitimate Filipino sons. The sons
sought the annulment of die last will and testament on the ground
that it deprived them of their legitimes but die daughter was able
to prove that there were no compulsory heirs or legitimes under
Canadian law. Who should prevail? (2001 Bar)
A: The daughter should prevail. Alex wag already a dtizen of Canada
at the time of his death. Article 16 of the New Civil Code provides
" that the intrinsic validity of testamentary provisions shall be
governed by the national law of the person whose succession is
under consideration. Hence, the Jaws of Canada apply in the
present case.
2. In his lifetim e, a Pakistani citizen, ADIL, m arried three times
under Pakistani law. When he died an old w idower, he left
! behind six children, two sisters, three homes, and an estate
w orth at least 30 million pesos in the Philippines. H e w as
born in Lahore, but last resided in Cebu City, where he had a
mansion and w here two of his youngest children now live and
work. Two of his oldest children are farm ers in Sulu, while the
two-m iddle-aged children are em ployees in Zamboanga City.
Finding that the deceased left no w ill, the youngest son wanted
to file intestate proceedings before the Regional Trial Court of
Cebu City. Two other siblings objected, arguing that it should be
REVIEWER ON a m LAW
in Jolo before the Shari'ah court since his lands are in Sulu. But
ADIL's sisters in Pakistan w ant the proceedings held in Lahore
before Pakistani C ourt.
a) Which court has jurisdiction and is the proper venue for the
b) W hat law shall govern succession to his estate? (2004 Bar)

a) The proper venue is Cebu City with respect to properties in
the Philippines. Under Article 16 of the New Civil Code, the
. properties of ADIL that are located in the Philippines shall
be governed by Philippine laws. Under Philippine laws, the
venue for intestate proceedings is the place of domicile of the
decedent at the time of his. death. Since ADIL last resided in
Cebu City, then the intestate proceeding should be filed in
Cebu City.
b) Pakistani laws apply with respect to succession. Article

16 of the New Civil Code provides that the national law
of the decedent governs intestate succession w ith respect
to the order of succession and the am ount of successional
rights. '
While in Afghanistan, a Japanese by the name of Sato sold to

Ramondto, a Filipino, a parcel of land situated in the Philippines
which Sato inherited from his Filipino mother.
a) W hat law governs the formality in the execution of the
contract of sale? (1995 Bar)
b) W hat law governs the capacity of the Japanese to sell the

land? (1995 Bar)
c) W hat law governs the capacity of Ramondto, the Filipino?
a) Philippine laws apply. Article 16 of the New Civil Code
provides that real properties are subject to the laws of the
country where the same is situated — Lex Rei Sitae. Although
the contract w as entered into in Afghanistan, it is submitted
that Lex Rei Sitae still applies and prevails over Lex Loci
Celebrationis.
b) The laws of Japan govern the capadty of Mr. Sato. The legal
capadty of a person is governed by the personal law of the
same person. (Art. 15, NCC)
c) The laws of the Philippines govern the capadty of Ramondto

because he is a Filipino. A rtide 15 of the New Civil Code
provides that laws relating to legal capadty of persons are
binding upon dtizens of the Philippines even though they
are living abroad.
General Concepts
4. BO M and ANNE, who are both Filipinocitizens, m et while

working overseas. They became sweethearts arid got engaged to be
m arried on New Y ear's Eve aboard a cruise ship in the Caribbean.
They took the proper license to m arry in N ew York City, where
there is a Filipino consulate. But as planned, the wedding ceremony
was officiated by the captain of the Norwegian-registered vessel
in a private suite among selected friends. Back in Manila, ANNE
discovered that Boni had been married in Bacolod City five years
earlier, but divorced in Oslo only last year. His first wife was also
a Filipina but now based in Sweden. Boni himself is a resident of
Norway where he and ANNE plan to live permanently. Was BONI
capacitated to marry ANNE? (Based on 2004 Bar Exams question; see
also 2002 and 1998 Bar) /
A: No. Since Boni is a Filipino citizen, his legal capacity is governed

by Philippine law. Article 15 of the New Civil Code provides
that laws relating to family rights and duties or to the status,
condition and legal capacity of persons are binding upon citizens
of the Philippines even though they are living abroad. Boni is still
married under Philippine laws, The divorce that he and his first
wife obtained] is not recognized in the Philippines because both of
them are Filipinos.
5. Mr. A, a Filipino, executed a will in Kuwait while there as a contract
worker. Assume that under the laws of Kuwait, it is enough that
the testator affix his signature in the presence of two witnesses and
that the will need not be acknowledged before a notary public.
M ay the will be probated in the Philippines? (1993 Bar; See also 1989
Bar) ■
A: Yes, the will may be probated in the Philippines. Article 17 of the
New Civil Code provides that forms and solemnities of wills shall
be governed by the laws of the country in which they are executed.
Hence, the form alities of the will are valid even if Philippine
laws are not complied with so long as the will complies w ith the
formalities of a will mandated under the laws of Kuwait.
3.08. RENVOI DOCTRINE. The second paragraph of

Article 16 of the New Civil Code provides that in
intestate and testamentary succession, the national
law of the person whose succession is in consideration
shall govern. However, it m ay happen that the
national law of a foreigner may “refer back" the issue
by providing that the law of the domicile of the
decedent shall govern. For example, in one case, the
of the decedent shall govern. Hence, Philippine laws

were applied despite Article 16 because the matter
, was referred back to the Philippine laws (1967 and
1997 Bar).47* ,r :;;
a) Transmission Theory. Where the foreign law
refers the issue to a third country, the third
country's laws shall govern.
3.09. DOCTRINE OF PROCESSUAL PRESUMPTION.
The foreign law should be proved by the party who
alleged its existence and its provisions. If there is
no such proof, the foreign law shall be presumed
to be the same as the domestic law (1967 and 1991
1 Bar).™ Example: The law of the foreigner governs the
intrinsic validity of his will. However, the same law
must be proved otherwise it would be presumed to
be the same as Philippine laws (1991 Bar).
3.10. FORUM NON CONVENIENS. Under this rule, a
Philippine court or tribunal may assume jurisdiction
over the case if it chooses to do so, provided: (1) that
the Philippine court is one to which the parties may
conveniently resort to; (2) that the Philippine court is
in a position to make an intelligent decision as to the
law and the facts; and (3) that the Philippine court has
or is likely to have power to enforce its decision.49
4. JUDICIAL DECISIONS.
4.01. BINDING EFFECT. Supreme Court decisions ap
plying or interpreting the laws or the Constitution
shall form part of the legal system of the Philip
pines.50
4.01.01. Court of Appeals Decision. Court of Appeals
decisions are only persuasive authority; however,
'i 47In the Matter of Testate Estate of the Deceased Edward E. Christeasen, et al. v.
Garda, 117 Phil. 96.
^Laureano v. Court of Appeals, 324 SCRA 414.
49Manila Hotel Corporation v. NI.RC, 343 SC R A 1 (2000).
S0Art. 8, NCC; Millarosa v. Carmel Dev., Inc., G.R, No. 194538, November 27,2013.
General Concepts
they are also precedents that should be applied by

lower courts if there is no Supreme Court Decision.51
4.01.02. Decisions of Foreign Courts., Foreign decisions are
not automatically; binding and enforceable in the
Philippines. Courts cannot take judicial notice of
foreign decisions and these foreign decisions should
be proved in court. Foreign judgments cannot even
be enforced through a mere motion for execution.
However, any party may avail of the proper remedy
to enforce a foreign judgment in local courts under
tile Rules of Civil Procedure particularly Rule 39,
Section 48 of the Rules of Court.52
a) "In the recognition of foreign judgments,
Philippine courts are incompetent to substitute
their judgment on how a case was decided
under foreign law."53 For example, they cannot
decide on the family rights and duties, or on the
status, condition and legal capacity of a foreign
citizen who is a party to the foreign judgment.54
b) In actions for recognition of foreign judgments,
"Philippine courts will only determine (1)
whether the foreign judgment is inconsistent
, with an overriding public policy in the Philip
pines; and (2) whether any alleging party is able
to prove an extrinsic ground to repel the foreign
judgment, i.e., want of jurisdiction, want of no
tice to the party collusion, fraud, dr clear mis
take of law or fact."55 -
4.01.03. O biter D icta. These are statements in decisions that
are not determinative of or are not necessary in
resolving the issues in a case. They — together with
Dissenting Opinions — are not legally binding.
slMiranda v. Imperial, 77 Phil. 1066; 1994 Bar Exams.

52Bank of Philippine Islands Securities Corp. v. Guevara, G.R. No. 167052, March
15.
53FujIki v. Marinay, et al., G.R. No. 196049, June 26; 2013. ■
HIbid.
“ Fujiki v. Marinay, supra. v, ' !
a) However, an adjudication on any point within

the issues presented by the case cannot be
considered obiter dictum", this rule applies to
all pertinent questions, although incidentally
involved, which are presented and decided in
the regular course of the consideration of the
case, and led up to the final conclusion) arid to
any statement as a matter on which the decision
is predicated (1994 Bar).*
4.02. DUTY TO DECIDE. ISIo judge or court shall decline
to render judgment by reason of the silence, obscurity
or insufficiency of the laws (1961 Bar)*7
4.03. STARE DECISIS. (Standing by their Decision). The
decisions of courts rely on precedents — use of past
decisions to guide future decisions.58 "An earlier
decision in a similar fact pattern is a precedent that
guides later decisions, thereby providing greater
stability and predictability to the law."59
a) Vertical Stare Decisis — duty of the lower courts
to apply die decisions of the higher courts to
cases involving the same facts.60
b) Horizontal Stare Decisis — the duty of Higher
Courts to follow their own precedents.61
5. CUSTOMS. In the absence of provisions of statutes, custom,
when duly proven, can define rights and liabilities.62 Customs
which are .contrary to law, public order or: public policy shall
not be countenahcedi63
'^G.G. Sportswear Mfg. Corporation v. World Class Properties, Inc., 614SCRA 75

(2010),
S7A rt.9,N C C .
^Kubasek, et al., supra, p. 7.
^ Ibid.; PNB v. Palma, et a ly 466 SCRA 307.
b a m b in o v. COMELEC, 505 SCRA 160, Dissenting Opinion of Justice Puno.
6tIbid:. ■
6^Cruz v. Secretary of the Department of Energy and Natural Resources, 347 SCRA
63Art. 11. NCC.

PERSONS AND FAMILY RELATIONS . 19
General Concepts
a) Custom must be proved as a fact, according to

the rules of evidence (1961 Bar).6-1
b) Customs that are deemed law referred to under
the New; Civil Code are of those of general
application. However, there are cases when
statutes adopt customs that are customary law
in a specific community. Example: Customary
laws and practices within their respective
communities, as may be compatible with the
national legal system and with internationally
recognized human rights are adopted under the
Indigenous Peoples' Rights Act of 1997.®
6. WAIVER OF RIGHTS. The GENERAL RULE is that rights

CAN be waived. The following are required for the waiver:
(1) Existence of a right; (2) Knowledge of the existence of a
right; and (3) Intention to relinquish the right.
6.01. EXCEPTIONS: WHEN RIGHTS CANNOT BE
WAIVED: (1) If the waiver is contrary to law, public
order, public policy, morals or good customs; or (2) If
the waiver is prejudicial to a third party with a right
recognized by law.
6.02. VESTED RIGHT — It "is one whose existence,
effectivity and extent do not depend upon events
foreign to the will of the holder, or to ithe exercise
of which no obstacle exists, and which is immediate
and perfect in itself and not dependent upon a
contingency. The term 'vested right' expresses the
concept of present fixed interest which, in right
reason and natural justice, should be protected
against arbitrary State action, or an innately just
and imperative right which enlightened free society,
sensitive to inherent and irrefragable individual
rights, cannot deny. To be vested, a right m ust have
“ Art. 12, ibid.

“ Unduran v. Aberasturi, G.R. No. 181284, April 18,2017.
become a title — legal or equitable —- to the present

or future enjoyment of property/'66
a) Deprivation. "While one may not be deprived
of his 'vested right/ he may lose the same if
there is due process and such deprivation is
founded in law and jurisprudence."61' Example:
Whenever Forfeiture under Articles 129 and 176
of the Family Code apply.
B. HUMAN RELATIONS
1. STANDARD OF CONDUCT. Under Article 19 of the New Civil

Code every person must, in the exercise of his rights and in
the performance of his duties, act with justice, give everyone
his due, and observe honesty and good faith.68When a right is
exercised in a manner that does not conform with the norms
enshrined in Article 19 and results in damage to another, a
legal wrong is thereby committed for which the wrongdoer
must be held responsible.69However, "Article 19 is the general
rule which governs the conduct of human relations. By itself,
it is not the basis of an actionable tort. Article 19 describes the
degree of care required so that an actionable tort may arise
when it is alleged together with Article 20 or Article 21."70
a) Article 20 provides that "every person who,
contrary to law, wilfully or negligently causes
damage to another, shall indemnify the latter
for the sam e."71 On the other hand, Article 21
provides that "any person who wilfully causes
loss or injury to another in a manner that is
contrary to morals, good customs or public
“ Go, Jr. v. Court of Appeals, G.K. No. 172027, July 29,2010,626 SC RA 180,201 cited
in Quiao v. Quiao, G.R. No. 176556, July 4,2012.
67Quiao v. Quiao, ibid.
■' “ Art. 1 9 ,NCC.
69(Stanfilco) Dole Philippines, Inc. v. Rodriguez, 678 SCRA 651 (2012).
70Globe Mackay Cable and Radio Corporation v. Court of Appeals, 176 SCRA 778
(1989). ■' --■'•V
Â rtÔ .N CC.
PERSONS AND FAMLY RELATIONS 21
Human Relations
b) Articles 19,20, and 21 provide the legal bedrock

for the award of damages to a party who
suffers damage whenever one commits an act
in violation of some legal provision, or an act
which though hot constituting a transgression
of positive law, nevertheless violates certain
rudimentary rights of the party aggrieved,72
These are so-called catch-all provisions because
they provide the bases for actions for damages
in the absence of any express provision.73
1.01. ABUSE OF RIGHTS. Abuse of right violates the
norms enshrined in Article 19. The REQUISITES of
abuse of right are as follows (2011 Bar):
(1) There is a legal right or duty;
(2) The legal right or duty is exercised in bad faith;
and
(3) The exercise is for the sole intent of prejudicing
or injuring another/4
1.01.01. Examples of Cases where there is Abuse of Right.75
(1) A creditor — taking advantage of his
knowledge that insolvency proceedings were
to be instituted by the debtor if the creditors did
not come to an understanding as to the manner
of distribution of the insolvent's asset among
them, and believing it m ost probable that they
would not arrive at such understanding —
schemed and transferred its credit to a sister
company in the United States which, in turn,
secured a writ of attachment in the court
therein thereby gaining control over the plane
of the debtor76 (1974 Bar).
72Carpiov,Valinonte,G.R. No. 151866, September 9,2004..............

73Aquino, Torts and Damages, 2016 Ed., p. 359.
74Albenson Enterprises Corp. v. Court of Appeals, 217 S C R A 16 (1993); Serfino v.
Far East Bank and Trust Co., 683 SCR A 380 (2012).
75Aquino, Torts and Damages, 2016 Ed., pp. 376 to 402.
76Velayo, etc. v. Shell Co., of the Phils., et ah, supra.
(2) The mortgagee abused its right when it recov

ered the mortgaged vehicle without court action
preliminary to the enforcement of its right to
foreclose on the mortgage in case of default.77
(3) There is abuse of right if the principal unreason
ably terminated an agency agreement for selfish
reasons.78
(4) There was abuse of right when complainant was
prevented from performing her duties as Deputy
Commissioner of the Bureau of Customs despite
the preliminary injunction issued by the court
against the replacement of the complainant.79
(5) There was abuse of right where a temporary
restraining order was issued by the Court of
Appeals against the w rit of demolition issued
by the lower court but the petitioners still
pursued the demolition.80 There was abuse of
right in this case and the fact that the writ of
demolition was not subsequently annulled is of
no moment.
(6) There was also abuse of right when the petition
er unduly terminated its hauling contract with
private' respondent Cruz (whereby the latter
supplied trucks for the hauling of the products
of the petitioner) because the latter sympathized
with the picketing workers of the petitioner.81
(7) There was abuse of right when a lady was
falsely accused of not paying items of clothing
despite the issuance a receipt and release of the
purchased items; the defendant went overboard
by forcing her to pay and in the guise of asking
Ûypitching v. Quiamco, G.R. No. 146322, December 6,2006.

78Arturo R Valenzuela, eta l. v. The Hon. Court of Appeals, 190 SC R A 1, G.R. No.
83122, October 19,1990; Sevilla v. Court of Appeals, 160 SC R A 171.
79Villartueva v. Rosqueta, G.R. No. 180764, January 19,2010.
“ G.R. No. 140420, February 13, 2001,351 SCRA 731.
81Petrophil Corporation v. Court of Appeals, et al., G.R. No. 122796, December 10,
2001.
Human Relations
for assistance sent a letter to the employer

imputing bad faith.82 .
1.02. ACTS CONTRA BONUS MORES. The defendant

may be held liable for damages caused when his or
her action is contrary to Article 21 if the following
REQUIREMENTS are present:
(1) There is an act which is legal;
(2) The act is contrary to morals, good custom,
public order, or public policy; and
(3) The act is done with intent to injure.
1.02.01. Breach of Prom ise to M arry. Breach of promise to
m arry by itself is not actionable, By way of exception,
breach of promise to m arry may be actionable for
being contrary to morals, good customs, public order
or public policy (1950 and 1960 Bar). Thus, breach
of prom ise to m arry is actionable in the following
cases:
(1) When there is moral seduction or when the
Woman was seduced through trickery or some
ingenious scheme. Example: The frequent visits
were allegedly to teach the woman to pray the
..... rosary;83*
(2) When the wedding was cancelled after formally
setting the date of the wedding and after all the
preparations —•gowns, invitations, reception,
etc. — and after spending substantial amounts
(1966 Bar);**
(3) When the man failed to appear during the
ceremony with the intent to humiliate or
embarrass the woman.85
^California Clothing, Inc. v. Quinones, G.R. No. 175822, October 23,2013.

“ Pe v. Pe, G.R. No. L-17396, May 30,1962.
“ Wassmer v. Velez, G.R. No. Lr-20089, December 26,1964.
“ Victorino v. Nora, CA, G.R. Nos. 13158-R, October 26,1955.
24 Rl-VIEWER ON CIVIL LAW
(4) In some cases, money advanced to one party

may be recoverable based on Quasi-Contract.
1.02.02. M alicious Prosecution. Malicious prosecution may
be both considered abuse of right and an act contra
bonus mores. The elements of liability86 are:
(1) The fact of the prosecution, and the further fact
that the defendant was himself the prosecutor,
and that the action was finally terminated with
an acquittal;
(2) That in bringing the action, the prosecutor acted
without probable cause; and
(3) The prosecutor was actuated or impelled by
legal malice there is inexcusable intent to
injure, oppress, vex, annoy or humiliate."87
a) Probable cause is defined. as the existence
of such facts and circumstances as would
excite the belief in a reasonable mind that
the person charged and prosecuted in
a criminal case is probably guilty of the
crime or wrongdoing.8889
b) The elements must also be present if there
is allegation of malicious prosecution of
civil cases otherwise the case is damnum
absque injuria.™ , ;; ;
2. UNJUST ENRICHMENT. Every person who through an act

of performance by another, or any other means, acquires or
comes into possession of something at the expense of the latter
without just or legal ground, shall return the same to him.90
“ Violeta Yasona v. Rodendo and Jovendo Ramos, G.R. No. 156339, O dober 6,
2004. -
87Pro Line Sports Center, Inc. V. Court of Appeals, G.R. No. 118192, O dober 23,
1.997. ' V ; '"v; . : . ■■-/;■; ■
“ Limanch-O Hotel and Leasing Corp. v. City of Olongapo, G.R. No. 185121,
January 18,2010.
89Villanueva-Ong v. Enriie, G.R.No. 212904, November 22,2017.
^ Ibid., Art. 22, NCC.
r ■-
PERSONS AND FAMILY RELATIONS ...25
Human Relations
' a) Even When an act or event causing damage to

another's property was not due to the fault or
negligence of the defendant, the latter shall be
liable for indemnity if through the act or event
he was benefited.91
b) Conditions. The two conditions that are
required for the principle of unjust enrichment
to apply under Article 22 are as follows: (1) that
a person is benefited without a valid basis or
justification, and (2) that such benefit is derived
at another's expense or damage.92
c) A ccion in rent verso. One may be made liable
in this type of action that is justified under
Article 22 if the following requisites are present:
(1) the defendant was enriched; (2) die plaintiff
has suffered a loss; (3) the enrichment of the
defendant is without just or legal ground; and
(4) the plaintiff has no other action based on
contract, quasi-contract, crime or quasi-delict.93
3. DjSADVANTAGED PARTIES. In all contractual, property or

other relations, when one of the parties is at a disadvantage
on account of his moral dependence, ignorance, indigence,
mental weakness, tender age or other handicap, the courts
must be vigilant for his protection.94
4. THOUGHTLESS EXTRAVAGANCE. Thoughtless extrava

gance in expenses for pleasure or display during a period of
acute public want or emergency may be stopped by order of
the courts at the instance of any government or private chari
table institution.95
5. VIOLATION OF PRIVACY AND DIGNITY (Art. 26). Every

person shall respect the dignity, personality, privacy and peace
■ 91Art. 23, NCC.

; “ Reyes v. Lim, G.R. No. 134241, August 11,2003.
^Shinryo (Philippines) Company, Inc. v. RRN, Inc., G.R. No. 172525, October 20,
2010; See Aquino, Torts and Damages, 2013 Ed., p. 852,'
MArt. 24, NCC. , .i;. -
95Art. 25, NCC.
of mind of his neighbors and other persons. The following and

similar acts, though they may not constitute a criminal offense,
shall produce a cause of action for damages, prevention, and
other relief:
(1) Prying into the privacy of another's residence;
(2) Meddling with or disturbing the private life or
family relations of another;
(3) Intriguing to cause another to be alienated from
his friends; or
(4) Vexing or humiliating another on account of
his religious beliefs, lowly station in life, place
of birth, physical defect, or other personal
condition.
a) Types of Violation of the Right to Privacy. (1) Intrusion
upon the plaintiff's seclusion or solitude or into his
private affairs; (2) Public disclosure of embarrassing
private facts about the plaintiff; (3) Publicity which
places the plaintiff in a false light in the public eye;
and (4) Appropriation for the defendant's advantage of
plaintiff's likeness or name.96
b) Prying. The phrase "prying into the privacy of another's
residence" under Article 26(1) of the Civil Code covers
places, locations, or even situations which an individual
considers as private. And as long as his right is recognized
by society, other individuals may not infringe on his right
to privacy." Hence, a person has a reasonable expectation
of privacy in one's property, whether he or she uses it as a
business office or as a residence and that the installation of
video surveillance cameras directly facing one's property
or covering a significant portion thereof, without his or
her consent, is a clear violation of their right to privacy."97*
This is a form of intrusion.
96Aquino, Torts and D amages, 2016 Ed., p. 415, citing Prosser and Polio v.
Constantino-David, G.R. No. 181881, October 11,2011.
^Spouses K ing v. Ghoachuy, Sr., G.R. No. 179736, June 26,2013.
Human Relations
(1) One has reasonable expectation of privacy in

one's property whether the property is being
used as a business office or residence.98
(2) There is also violation of the right of privacy
because of intrusion in a residence and in
ordering an employee to take pictures of the
residence."
c) Fictionalized Account of Life. The Supreme Court ruled
in one case that the right to invade a person's privacy
to disseminate public information does not extend to
fictional or novelized representation of a person, no
matter how public a figure he or she may be.*100
d) Online Social Network (OSN). The Supreme Court
explained in Vivares v. St. Theresa's College101 that before
one can have an expectation of privacy in his or her OSN
activity (for example in Facebook), it is firstnecessary that
said user manifests the intention to keep certain posts
private, through the employment of measures to prevent
access thereto or to limit its visibility. And this intention
can materialize in cyberspace through the utilization of
the OSN's privacy tools. In other words, utilization of
these privacy tools is the manifestation, in cyber world, of
the user's invocation of his or her right to informational
privacy." Thus, there is no reasonable expectation of
privacy if the Facebook setting is "public" or even if the
setting is "friends only" (in the latter, posts can still be
view even by non-friends).
e) Alienation of Affection. One may be liable for alienation
of affection of spouse if the following are present:102
(1) There must be a valid marriage; (2) wrongful
conduct with the plaintiff's spouse; (3) the loss
n Sttpra.
"Pad alhin v. Lavina, G.R. No. 183026, November 14,2012.
100Lagunzad v. Vda. de Gonzales, cited in Aquino, Torts and Damages, 2013 Ed., p.
101G.R. No. 202666, September 29,2014. ;

102Aquino, Torts and D amages, 2016 Ed., p. 456-citing Restatement (Second) of Torts.
of affection or consortium; and (4) proof of causal

relation, between the conduct of the defendant and
the loss of affection or consortium.
6. NEGLECT OF DUTY. Any person suffering material or moral

loss because a public servant or employee refuses or neglects,
without just cause, to perform his official duty may file an
action for damages and other relief against he latter, without
prejudice to any disciplinary administrative action that may be
taken.103 .
7. MONOPOLIES AND UNFAIR COMPETITION. Unfair compe

tition in agricultural, commercial or industrial enterprises or in
labor through the use of force, intimidation, deceit, machina
tion or any other unjust, oppressive or high-handed method
shall give rise to a right of action by the person who thereby
suffers damage.104
a) There is unfair competition when a manufacturer that
sells goods to a seller obtained the list of the clients of the
seller in the area to facilitate its takeover of the latter's
usual business area by directly approaching the same
clients and by offering more advantageous terms.105
8. DEPENDENT AND INDEPENDENT CIVIL ACTION.

8.01. DEPENDENT CIVIL ACTION. Dependent civil
actions are actions to enforce civil liability arising
from criminal liability.
a) Dependent bn Criminal Action. Civil liability
arising from crime or delict is impliedly
instituted with the criminal action, but a separate
case may be filed to enforce the same. Such
case may be filed ahead of the criminal action
or after reservation, upon rendition of final
judgment iri the case. However, in both cases,
the civil action is dependent on the criminal
103Art. 27, NCC

104Art. 28, NCC.
10SCoca-Cola Bottlers Phil., Inc. v. Spouses Bernardo, G.R. No. 190667, November
7.2016. '
PERSONS AND FAiyOLY RELATIONS 29
Human Relations
action. This is manifested by the following rules

with respect to dependent civil actions: (1) If a
case was filed ahead of this criminal case, the
separate action shall be suspended until a final
^v judgment is rendered in the criminal case; (2) .If
no case is filed, a separate case cannot be filed
until rendition of final judgment; and (3) Civil
liability is extinguished if the criminal case
resulted in an acquittal with a finding that tire
act complained of was not actually committed
by the accused.
b) Effect of Acquittal, Section 2(b) of Rule 111 of
the Rules of Criminal Procedure states that
civil liability is extinguished if the criminal case
resulted in acquittal with a finding that the act
complained of was not actually committed.106107
8.02. INDEPENDENT CIVIL ACTION. When the civil
action is based on an obligation not arising from the
act or omission complained of as a felony, such civil
action may proceed independently of the criminal
These so-called Independent Civil Actions include:

.. (1) Action based on Quasi-Delict; (2) Action for
violation of Civil and Political Rights under Article
32; (3) Action for Defamation, Fraud or Physical
Injuries under Article 33; and (4) Action for Neglect
of Duty by Public Official under Article 34 (1961 and
2006 Bar).
8.02.01. Violation of Civil and Political Rights (Art. 32). Any
public officer or employee, or any private individual,
who directly or indirectly obstructs, defeats, violates
or in any manner impedes or impairs any of the
following rights and liberties of another person shall
, be liable to the latter for damages:
(1) Freedom of religion;
106ManlicIic v. Calaunan, G.R. No. 150157, January 25,2007, 512 SCRA 642,659.
107Art. 31, NCC.
(2) Freedom of speech;

(3) Freedom to write for the press or to
maintain a periodical publication;
(4) Freedom from arbitrary or illegal detention;
(5) Freedom of suffrage;
(6) The right against deprivation of property
without due process of law;
(7) The right to a just compensation when
private property is taken for public use;
(8) The right to the equal protection of the
laws;
(?) The right to be secure in one's person,
house, papers, and effects against
unreasonable searches and seizures;
(10) The liberty of abode and of changing the
same;
(11) The privacy of communication and
correspondence;
(12) The right to become a member of
associations or societies for purposes not
contrary to law;
(13) The right to take part in a peaceable
assembly to petition the government for
redress of grievances;
(14) The right to be free from involuntary
servitude in any form;
(15) The right of the accused against excessive
bail;
(16) The right of the accused to be heard by
himself and counsel, to be informed of the
nature and cause of the accusation against
him, to have a speedy and public trial,
to meet the witnesses face to face, and to
have compulsory process to secure the
attendance of witness in his behalf;
Human Relations
(17) Freedom from being compelled to be a

witness against one's self, or from being
forced to confess guilt, or from being
induced by a promise of immunity or
reward to make such confession, except
when the person confessing becomes a
State witness;
(18) Freedom from excessive fines, or cruel and
unusual punishment, unless the same is
imposed or inflicted in accordance with
a statute which has not been judicially
declared unconstitutional; and
(19) Freedom of access to the courts.
a) Judges. The responsibility set forth in Article 32
is not demandable from a judge unless his act
or omission constitutes a violation of the Penal
Code or other penal statute (2969 Bar).
b) Rationale of A rticle 32. The application of
Article 3 2 -not only serves as a measure of
pecuniary recovery to mitigate the injury to
Constitutional rights, it likewise serves notice
to public officers and employees that any
violation on their part of any person's guarantee
rights will meet with final reckoning.108
c) Who are Liable. Public officials and employees
as well as private individuals may be held
liable. Even those who indirectly violate
the constitutional rights can be made liable.
■Examples:
(1) A prosecutor can be made liable if he
issues an order of seizure although he
is not authorized to do so under the
Constitution.109
108Newsounds Broadcasting Networks v. Dy, G.R. Nos. 170270 arid 17911, April 2,
2009. ‘
109Lim v. de Leon, 66 SCRA 299 (1975).
(2) Private individuals can be made liable

for disconnection of electricity connection
without due process of law.110
(3) A private corporation that was made liable
because it caused the raid on the premises
of the respondents which violated their
right against unreasonable searches and
seizure.111
8.02.02. Defamation, Fraud or Physical Injuries (A rt 33).
In cases of defamation, fraud, and physical injuries,
a civil action for damages, entirely separate and
distinct from the criminal action, may be brought
by the injured party. Such dvil action shall proceed
independently of the criminal prosecution, and shall
require only a preponderance of evidence.
a) Fraud. For civil liability, for fraud to be
awarded, the defendant must have made a
false representation of fact to the plaintiff and
the defendant knows that the representation is
false. The plaintiff must have acted on the false
representation and the defendant must have
intended that the representation be acted on.112
b) Physical Injury. Independent civil action for
physical injuries include an independent civil
action for bodily injuries resulting in death.113
8.02.03. Failure to Render Aid (A rt 34). When a member of a
city or municipal police force refuses or fails to render
aid or protection to any person in case of danger to
life or property, such peace officer shall be primarily
liable for damages, and the city or municipality
shall be subsidiarily responsible therefor. The civil
action herein recognized shall be independent of
U0MERALCO v. Spouses Chua, G.R. No. 160422, July 5,2010.

mMPH Garments, Inc. v. Court of Appeals, 236 SCRA 227 (1994).
112Aquinp, Tofts and D am ages, 2013 Ed., p. 667.
m Ibid., p. 674, citing Capuno and Capuno v. Pepsi-Cola Bottling Company, G.R.
No. L-19331, April 30,1965.
JPIiKSONS AND FAMILY RELATIONS 33
Human Relations
any criminal proceedings, and a preponderance of

evidence shall suffice to support such action.
8.02.04. No Reservation Requirement, th e independent civil
actions shall proceed independently of the criminal
case. There is no need to reserve the right to file an
8.03. CONCEPT OF CONCURRENCE OF CAUSES OF

ACTION AND REMEDIES. Under the New Civil
Code, a single act or omission may give rise to two
separate causes of action. The separate causes of
action may be based on quasi-delict under Article
CD 2176 or on any of Articles 32, 33, or 34 of the New
09 Civil Code. In fact, the separate basis of liability may
CM even be contract. The rule is expressly recognized
.© under Article 2177 and Articles 32, 33, and 34 subject
It ”
8.03.01. Proscription Against Double Recovery. Article 2177

J of the New Civil Code provides that the plaintiff
O cannot recover damages twice for the same act or
omission of the defendant. In other words, although
there are concurrent bases of liability, the plaintiff can
only recover once, (see Part XIII)
PREJUDICIAL QUESTION. The general rule is that the

criminal case takes precedence over civil actions. The exception
is provided for under Article 36 of the New Civil Code that
provides for "prejudicial questions which must be decided
before any criminal prosecution may be instituted or may
"{1988 'm d1998 Bar).
9.01. REQUISITES OF PREJUDICIAL QUESTIONS
(1997Bar):**
(1) The previously instituted civil action involves
an issue similar or intimately related to the issue
raised in the subsequent criminal action, and
U4Sec. 7, Rule 111, Rules of C ou rt

(2) The resolution of such issue determines whether

Or not the criminal action may proceed.
C. PERSONS
1. JURIDICAL CAPACITY AND CAPACITY TO ACT.
1.01. DEFINITIONS. Juridical capacity is the fitness to be
the subject of legal relations; It is inherent in every
natural person and is lost only through death.115
a) Capacity to act is the power to do acts with legal
effect. It may be acquired and may be lost.116
b) Example: A one-day-old child already has
juridical capacity. He is fit to be subject of legal
relations. Thus, he is already subject to a legal
relation with his parents. However, his capacity
to act is restricted because of his age.
1.02. DISTINCTIONS BETWEEN JURIDICAL CAPA

CITY AND CAPACITY TO ACT (1996 Bar).117 L
JURIDICAL CAPACITY TO ACT

CAPACITY
Concept Fitness to be the subject Power to do acts with
of legal relations legal effect
Whether Inherent Inherent in every Not inherent in a
or Not natural person person but acquired
Effect of Death Lost only upon death May be lost upon and
even before death
through valid causes
Provisional Exists provisionally Does not exist even
Existence in an unborn child for provisionally in an
purposes of support unborn child
and donation
115Art. 37, NCC.

mIbid.
1171996 Bar Exams.
PERSONS A N D FAM ILY RELATIONS 35
Persons
1.03. RESTRICTIONS ON CAPACITY TO ACT. The

following are mere restrictions on capacity to act,
and do not exempt the incapacitated person from
certain obligations, as when the latter arise from his
acts or from property relations, such as easements:118
(1) Minority; (2) Insanity or imbecility; (3) The state
of being a deaf-mute; (4) Prodigality; and (5) Civil
interdiction.
1.04. CIRCUMSTANCES THAT MODIFY OR LIMIT
CAPACITY TO ACT.119120 (1) age, (2) insanity, (3)
imbecility, (4) the state of being a deaf-mute, (5)
penalty, (6) prodigality, (7) family relations, (8)
alienage, (9) absence, (10) insolvency, and (11)
trusteeship.
a) Capacity to act is not limited on account of
religious belief or political opinion.
1.04.01. Married Woman. Article 39 of the New Civil Code
provides that "a married woman, twenty-one years
of age or over, is qualified for all acts of civil life,
except in cases specified by law." Under present laws,
there is an attempt to maintain equality between men
and women.
2. PERSONS. Persons may be natural and juridical. Juridical

persons include the State and its political subdivisions, private
corporations, cooperatives and partnership (1965 Bar).
2.01. NATURAL PERSONS. Birth determines civil
personality (1965 Bar).™
2.01.01. Exception— Presumptive Personality:121A conceived
child shall be considered bom for all purposes that
are favorable to it PROVIDED it be bom alive (1991
I18Art. 38, NCC.

119Art. 39, ibid.
120Art. 40, NCC.
121Edgardo L. Paras, C ivil Code o f the Philippines, A nnotated, Vol. 1, 2013 Ed.,
hereinafter cited as "1 Paras 243."
and 1999 Bar).122EXAMPLES: Donation to a conceived

child or given before birth is valid provided it is bom
under the conditions provided for under Article 41
of the New Civil Code (2012 and 2014 Bar); (2) The
unborn child may also be the designated beneficiary
in an insurance policy under the same conditions
(2008 Bar).
a) Characteristics of Presumptive Personality: (1)
It is limited; and (2) provisional or conditional
because the child must be borne alive.123*
b) The action for damages of a husband against
an abortionist may prosper with respect to his
own damage — moral damages, etc. The unborn
child whose personality never existed may not
be entitled to damages for breach of his right to
life and dignity (2003 and 2011 Bar).12i
2.02. WHEN A CHILD IS CONSIDERED BORN.
a) For civil purposes, the fetus (with intra-uterine
life of at least seven months) is considered bom
if it is alive at the time it is completely delivered
from the mother's womb (1953,1957,1991,1999
and 2012 Bar).125
b) However, if the fetus had an intra-uterine life
Of less than seven months — it is not deemed
born if it dies within 24 hours after its complete
delivery from the maternal womb.
2.03. EXTINGUISHMENT OF CIVIL PERSONALITY.
Civil personality is extinguished by death.126
2.03.01. Presumptions on Survivorship. If there is a doubt,
as between two or more persons who are called to
122Art. 40, NCC.

123Quimiguing v. Icao, 34 SC R A 134.
,24Geluz v. Court of Appeals, 2 SCRA 802 (1961).
125Art. 41, NCC.
126Art. 42, NCC.
Persons
succeed each other, as to which of them died first,

whoever alleges the death of one prior to the other,
shall prove the same; in the absence of proof, it is
presumed that they died at the same time and there
shall be no transmission of rights from one to the
other.
a) Presumed to Have Died at the Same Time. Thus,
the relatives shall be presumed to have died at
the same time if the following requirements are
present (1998,1999, and 2000 Bar):127
(1) There is doubt as to who died first;
(2) The parties are heirs of each another —

they are called to succeed each other; and
(3) There is no proof as to who died first.

b) Rule 131, Section 3(jj) of the Rules of Court
applies if the persons involved are not heirs of
each other.
3. DOMICILE. For the exercise of civil rights and the fulfillment

of civil obligations, the domicile of natural persons is the place
of their habitual residence.128
a) Juridical Persons. Its domicile is its principal office
appearing in its Articles of Incorporation.129 When
the law creating or recognizing them, or any other
provision does not fix the domicile of juridical
persons, the same shall be understood to be the place
where their legal representation is established or
where they exercise their principal functions.130
b) Citizenship. — See Article IV o f the 1987 Constitution.
Naturalization and loss and reacquisition of
127Art. 43, supra.

I28Art. 50, ibid.
I29Hyatt Elevators and Escalators Corp, v. Goldstar Elevators, Phils., Inc., G.R. No.
161026, October 24,2005.
I30Art. 51, NCC.
citizenship of the Philippines are governed by special

laws including Commonwealth Act Nos. 63 and 473,
P.D. No. 725, and R.A. Nos. 530,8171, and 9139.
3.01. ELEMENTS OF DOMICILE.131
(1) The person must be physically present in a fixed
(2) Animus M anendi There must be intent to

remain there permanently.132
3.02. KINDS OF DOMICILE.133
(1) Domicile of origin— assigned by law to a person
at birth;
(2) Domicile of choice — the place chosen by a
person who does not suffer any legal disability;
and
(3) Constructive domicile or Domicile by Operation
of L a w —•assigned by law to a child who is
suffering from legal disability at the time of
his birth or also in one of change of domicile
arising from marriage (also called domicilium
nesesarium).
3.03. DISTINGUISHED FROM RESIDENCE. Residence
involves factual relationship of an individual with a
certain place. It is the physical presence of a person
in a given area, community or country. If the intent
of the person is to remain in the residence, then it
becomes a domicile.134
a) . Laws sometimes use the words "residence" and
"domicile" synonymously. For example, when
election, suffrage, and naturalization laws use
' the term "residence," the term is invariablyused
131Arturo M. Tolentino, Commentaries and Jurisprudence on the Civil Code o f the

Philippines, Vol. 1 ,1987 Ed., p. 211, hereinafter cited as "1 Tolentino 211;"
132See also Marcos v. COMELEC, G.R. No. 119976, September 18,1995.
1331 Paras 351. .. '
134Marcos v. COMELEC, G.R. No. 119976, September 18,1995.
PERSONS AND FAMILYRELATIONS 39
Family Code
synonymously with ''dom icile/' However, there

are also cases when it is important to know the
distinction between "residence" and "domicile."
For example, "residence" for purposes of
applying the rules oh venue for filing civil cases
is not synonymous with "domicile."
D. FAMILY CODE
1. MARRIAGE. — A special contract of permanent union

between a man and a woman entered into in accordance with
liaw for the establishment of conjugal and family life. Its nature,
consequences, and incidents are fixed by law and cannot be the
subject of stipulation.135
a) The Constitution provides that marriage, as an
inviolable social institution is tire foundation of
the family and shall be protected by the State.136
The Constitution likewise provides that the
, State recognizes the sanctity of family life and
shall protect and strengthen the family as a basic
social institution.137
b) No Common Law M arriage. "Philippine Law
; does not recognize common law marriages. A
man and wpman not legally married who co
habit for many years as husband and wife, who
, represent themselves to the public as husband
, and wife, and who are reputed to be husband
and wife in the community where they live may
be considered legally married in common law
jurisdictions but not in the Philippines."138
c) Proof of h lan ^ ge. A marriage certificate is
, considered fhe^primary evidence of a marital
union. However, it is not regarded as the
1KArt. 1, Family Code of the Ftulippiries (hereinafter cited as FGP).

136Art. XV, Sec. 22,1987 CbnstitUtion; 1991 Bar Exams.
137Art. R Sec. 12,1987 Constitution; 1991 Bar Exams.
138Baguis-Tambuyat v. Balcom-Tambuyat, G.R. No. 202805, March 23,2015.
sole and exclusive evidence of marriage. The

existence of marriage can be established by any
competent and relevant evidence, including:
(1) A child's birth certificate is evidence of the
marriage between his parents; (2) testimony by
one of the parties to the marriage or by one of
the witnesses to the marriage; (3) testimony of
the person who officiated at the solemnization;139
(4) proof of cohabitation for a long period of
time as husband and wife will also give rise to
presumption of marriage.140
1.01. GOVERNING LAW. —■ The primary governing
statute is the Family Code of the Philippines that took
effect on August 3 ,1988.141
1.01.01. Lex L oci C elebracionisi The solemnities of a marriage
is governed by the law of the country where the
marriage was celebrated. Hence, marriage celebrated
in another country according to its laws is valid.142
a) Exceptions: The following marriage are VOID
even if valid in the country where they are
celebrated:143 / ’"
r (1) If the parties are-both below 18 years old
(minors) and they are both Filipinos;
(2) If one party is a Filipino and the other party
is a foreigner and the Filipino is below 18
years old;
(3) If the marriage is bigamous or polygamous
marriage;
(4) If the marriage was contracted through
mistake of identity of the other party;
m Vda. de Avenido v. Avenido, G.R. No. 173540, January 22, 2014; Anonuevo v.
Intestate Estate of Rodolfo G. Jalandoni, G.R. No, 178221,..December 1,2010.
140Sec. 3(aa), Rule 131, Revised Rules of Court.
14IModequillo v. Breva, 185 SCRA 766.
142A rt.26, f c p . '
143Art. 26 in relation to Arts. 35(1), (4), (5) and (6), 36,3 7 and 38, FCP. .
Family Code
(5) Where the marriage was solemnized

before complying with , the registration
requirement under Article 52 for annulled
or judicially declared void prior marriage;
(6) Where one or both parties are psychologi
cally incapacitated; and
(7) If the marriage is void by reason of public
policy:
1.01.02. Law at the Time of Marriage. The law that should be
applied to determine the validity of marriage is the
law at the time it was contracted.144
1.02. ESSENTIAL REQUISITES (Art. 2): Absence of any
of these will make the marriage VOID AB INITIO
(1951 and 1961 Bark
(1) Legal capacity of the contracting parties;
(i) The parties must be a man and a
woman.145 The sex of a person is
determined at the time of one's birth;
hence, a man remains to be a man
despite successfully undergoing sex
gender reassignment surgery (2014
Bar).146
(ii) There must be no impediment to
m arry— Articles 35,37, and 38 of the
Family Code states the impediments
(Examples: if one is already married,
or if one party is related to the
other that will make the marriage
incestuous); and
(iii) Each party must be at least 18 years
■ ..o ld .147
144Ablazav. Republic, G-R. No. 158298, August 11,2010.

145Arts. 1 ,2 , and 5, FCP; Republic v. Cagandahan, G.R. No. 166676, September 12,
2008.
146Silverio v. Republic, G.R. No. 174689, October 22,2007.
147Art. 5. FCP.
(2) Consent which must be (i) freely given and

(ii) made in the presence of a solemnizing
officer.148
(i) Consent may be manifested by sign
ing the marriage certificate before
the solemnizing officer even if the
solemnizing officer did not ask the
parties if they take each other as
husband and wife.149
a) EFFECT OF LIMITED PURPOSE OF MAR
RIAGE. Marriages entered into for other pur
poses, limited or otherwise, such as conve
nience, companionship, money, status, and title
are valid PROVIDED that they comply with all
the legal requisites.150
b) INTERSEX. Those who are biologically or
naturally intersex (also sometimes referred to
as Disorder of Sex Development or DSD) cannot
initially be classified as either male or female.
The determining factor would be what the
individual, having reached the age of majority,
with good reason decides or chooses as his /h er
sex.151
1.03. FORMAL REQUISITES (Art. 3). Absence of any of
these will make the marriage VOID AB INITIO:
(1) Authority of the solemnizing officer.
(i) Good faith on the part of the
\ , parties will cure the absence of
authority. One view is that good
faith must be in the nature of
mistake of fact. Examples: (1) On
the other hand, mistake that the
,4*Republic v. Albios, 707 SCRA 584 (2013).

149Infante v. Arenas, CA, G.R. No. 5278-R, June 29,1951.
150RepubIic v. Albios, supra.
151Republic v. Cagandahan, supra.
PERSONS A N D FAM ILY RELATIONS 43
Fam ily Code
minister had authority to solemnize

the marriage even if none of the
contracting parties was a member
of the Minister's religious sect is
a mistake of law that will not cure
the absence of authority;152 (2) Good
faith in believing that the license to
solemnize of the minister has not
yet expired although it is already
expired at the time of the marriage
will cure the defect (2006 Bark
(2) Valid Marriage License — the license is
valid and can be used in any part of the
Philippines for a period of 120 days from
the date of issuance thereof.153Example: The
marriage is void if the license is spurious
(1996 Bar).
(3) Marriage ceremony is one that takes place
when (1) the contracting parties appear
before the solemnizing officer, and (2)
before the solemnizing officer, they make
a personal declaration that they take
each other as husband and wife in the
presence of not less than two witnesses of
legal age.154 There is a marriage ceremony
even if a different name is used like a
"blessing."155
(i) There is no prescribed form for the
ceremony; however, the parties
MUST PERSONALLY APPEAR
before the solemnizing officer.156
Example: Marriage by proxy is not
allowed (1973 Bar).
152Art. 35, par. 2, FCP

153Art. 20, FCP.
154Ronulo v. People, G.R. No. 182438, July 2,2014..
,sslbid.
156Art. 6, FCP.
44 REVIEWER ON CIVII. LAW
(ii) There is no valid marriage if the

parties merely signed the marriage
certificate on their own without
the presence of the solemnizing
officer.157
a) Irregularity, Mere IRREGULARITY in any of
the formal requisites will not invalidate the
m arriage.158However, the party responsible for
the irregularity may be made liable. Examples:
(1) Where no party resides in the place of
issuance of the m arriage license (1996 Bar)}159
(2) Ceremony n otin the chinch of the priest or
chamber of the judge; (3) M arriage outside the
territorial jurisdiction of the judge (2011 Bar);160
(4) Absence of two witnesses; (5) Absence
of supporting documents prescribed under
Articles 12 and 13 in securing a m arriage license;
(6) An ante-dated m arriage license issued by
the Civil Registrar (1996 Bar); (7) Failure of
the solemnizing officer to file an affidavit of
marriage with the civil registrar (1995 Bar); and
(8) Absence of certificate of capacity if one of
the spouses is a foreigner.
1.04. PERSONS AUTHORIZED TO SOLEMNIZE
MARRIAGE.
(1) Incumbent member of the Judiciary;
. (2) Priests, rabbis, and ministers of any church
provided that: (i) there is written authority
granted by the church or religious sect, (ii) he
acts within the limits of such authority; (iii) one
of the contracting parties is a member of the
l57Morigo v. People, 422 SCRA 376 (2004).

158Art. 4, FCP
159Alcantara v. Alcantara, 531 SCRA 446, G.R. No. 167746, August 28,2007.
160Navarro v. Domagtoy, A.M. No. MTJ 06-1088, July 19,1996. Note however that
there is a contrary view and that the statement in this case is a mere obiter dicta. This
writer, however, believes that this obiter dicta can be sustained under the broader concept
of good faith reflected in the deliberation of the Family Code Committee; See Sta. Maria,
Persons and Family Relations Law, 2010 Ed., p. 201.
Family Code
church or sect; and (iv) duly registered with the

Civil Registrar General.161
(3) Ship Captain or Airline Pilot provided that: (i)
the marriage is in articulo mortis, and (ii) the
ceremony is made at sea or in flight as the case
may be or during stopovers at a port of call;162
Example: The assistant pilot who took over after
the pilot was injured is authorized under this
provision (1995 Bar).
(4) Military commanders of a unit provided that:
(i) there is absence of chaplain; (ii) there is a
military operation; (iii) the ceremony is in the
military zone of operation; and (iv) the marriage
is in articulo mortis;1*3
(5) Consul-generals, consuls or vice-consuls — for
- marriage between Filipino citizens abroad (1994
Bar).l6i ' -V.:
(6) M unidpal and Ci ty Mayors.165
PROBLEM:
L Suppose a couple got married on September 1, 2013 at the Manila
Hotel before the Philippine Consul General to Hong Kong, who
was on vacation in Manila. The couple executed an affidavit
consenting to the celebration of the marriage at the Manila Hotel.
Is the marriage valid? (1994 Bar)
A: The marriage is not valid. One exception under the law is when
the parties were in good faith. Consuls and vice consuls are not
authorized to solemnize marriage in the Philippines. They are
authorized to Solemnize marriages between Philippine citizens
abroad in the consular office of the foreign country to which they
were assigned. The exception is provided for under Article 35(2),
that is, when either or both of the contracting parties believed
in good faith that the consul general had authority to solemnize
161Art. 7, FCP.
162Arts. 7 a n d 3 1 ,FCP. • "
163Arts. 7 a n d 32, FCP.
:64Arts. 7 and 10, ibid.
I65Secs. 444[1] [xviii] and 455[1] [xviii] of R.A. No. 7160 otherwise known as the
Local Government Code: of 1991.
46 REVIEWER OK CIVIL LAW
their marriage in which case; the m arriage is valid. It is submitted

that the case is covered by the good faith exception because
consul is actually authorized to solemnize marriage under certain
circumstances.
1.05. MARRIAGE LICENSE. The absence of marriage

license makes the marriage void. A Certification of
the Local Civil Registrar that no marriage license was
issued is sufficient to prove such absence of license
(2016 Bar).™
a) The license shall be valid in any part of the
Philippines for a period of 120 days from the
date of issue, and shall be deemed automatically
cancelled at the expiration of the said period if
the contracting parties have not made use of
i t 167
b) Total absence of a Marriage License should be
distinguished from failure of the solemnizing
officer to submit the Marriage Certificate to the
Civil Registrar after marriage. Mere failure to
submit the Marriage Certificate after marriage
will not invalidate the marriage.161768 Similarly, the
marriage will not be invalidated by the mere fact
that the spouses, who validly secured a license,
just forgot to bring a copy.
c) The marriage is void if there is marriage
license or if one of the spouses produced a fake
marriage license to induce the other spouse
to marry. The guilty spouse may be liable for
damages under Articles 19 and 21 an d /or for
falsification (2006 Bar).
166Carrifio v. Carrino, 403 Phil. 861, 869 (2001); Abbas v. Abbas, G.R. No. 183896,
January 30, 2013; Go-Bangayan v. Bangayari, Jr., G.R. No. 201061, July 3, 2013; Kho v.
Republic, G.R. No. 187462, June 1,2016.
167Art. 20, FCP.
168Madrilejo v. De Leon, G.R. No. L-32473, October 6,1930.
Family Code
1.05.01. Marriages Exempt from the M arriage License

Requirement:
(1) Marriage among Muslims or members o f
Ethnic Cultural Communities, provided such
were solemnized in accordance with their
customs, rites, and practices;
(2) Marriage solemnized outside the Philip
pines where no marriage license is required
by the country where the marriage was sol
emnized;
(3) Marriage of a mian and a woman who have
lived together as husband and wife for at
least five years (continuously before the
marriage169) and without legal impediment
to m arry each other;
(4) Marriage in articulo mortis (1995 B arf and
(5) Marriage in Remote places — the residence
of either party is so located that there is
no means of transportation to enable such
party to appear personally before the local
civil registrar.170
a) Five-Year Cohabitation: For absence of
a m arriage license to be excused (1) it
is necessary that there is an affidavit of
cohabitation and a false affidavit (meaning
there was in fact no five-year cohabitation)
is not a mere formal irregularity — if there is
no affidavit of cohabitation or if the affidavit
is false, the marriage is void;171 (2) the parties
must suffer no impediment AT THE TIME of
cohabitation and marriage (2002 Bar).172 The
requisites are as follows:
169Nifial v. Bayadog, G.R. No. 133778, March 14, 2000; See also Republic v. Dayot,
G.R. Nos. 175581 and 179474, March 28,2008,
170Art. 28, FCP.
171De Castro v. Assidao-De Castro, G.R. No. 160172, February 13,2008.
172Boija-Manzano v. Sanchez, A.M. No. MTJ-OQ-1329, March 8,2001.
REVJIiWRR ON CIVIL LAW
(1) The man and woman must have been

living together as husband and wife
continuously for at least five years before
the m arriage;
(2) The parties must have no legal impediment
to marry each other during their
cohabitation (2002 Bar);
(3) The fact of absence of legal impediment
between the parties m
the time of marriage;
(4) The parties must execute an affidavit
stating that they have lived together for
at least five years and are without legal
impediment to marry each other; and
(5) The solemnizing officer must execute a
sworn statement that he had ascertained
the qualifications of the parties and that
he had found no legal impediment to their
marriage.173
PROBLEMS:
1. On May 1, 1975, Facundo married Petra, by whom he had a son
Sotero. Petra died on July 1, 1996, while Facundo died on January
1, 2002. Before his demise, Facundo had married, on July 1, 2000,
Querica. Having lived together as husband and wife since July 1,
1990, Facundo and Querica did not secure a marriage license but
executedjthe requisite affidavit for the purpose. To ensure that his
inheritance rights are not adversely affected by his father's second
marriage, Sotero: now brings a suit toi seek a declaration of the
nullity of the marriage of Facundo and Querica, grounded on the
absence of a valid marriage license. Querica contends that there
was no need for a marriage license in view of her having lived
continuously with Facundo for five years before their marriage and
that Sotero has no legal personality to seek a declaration of nullity
of the marriage since Facundo is now deceased, is the marriage
of Facundo and Querica valid, despite the absence of a marriage
license? Explain. (2002 Bar)
rja-Manzano v. Sanchez, supra. (With modifications because the aDsence of

impediment must be present during the cohabitation up to the time of marriage).
PERSONS A N S FAM ILY RELATIONS 49
Fam ily Code ^
The marriage between Facundo and Querica is void. A marriage

license is a form al requisite of m arriage without which the
m arriage , is void. Although there are exceptional cases when
: marriage license is hot required, the present case is not one of
them. For instance, Article 34 of the Family Code provides that
v a m arriage license is; no longer necessary if the man and woman
■ have lived together as husband and wife for at least five years and
w ithout any legal impediment to m arry each other during those
five years. There was a legal impediment to the m arriage during
the cohabitation of Facundo and Querica for six years from 1990
. to July 1,1996 because he was still m arried to Petra. On the other
hand, cohabitation from July 1, 1996 to July 1, 2000 was less than
five years.
On Valentine's Day, 1996, Elias and Fely, both single and 25 years
. of age, went to the city hall where they sought out a fixer to help
them obtain a quickie marriage. For a fee, the fixer produced an
ante-dated m arriage license for them, issued by the Civil Registrar
Of a small remote municipality. He then brought them to a
licensed minister in a restaurant behind the city hall, and the latter
solemnized their marriage right there and then, a) Is their marriage
valid, void, or voidable? b) Would your answer be the same if it
should turn out that the marriage license w as spurious? Explain.
(1996 Bar)
a) Yes, the marriage is valid. There w as a marriage license issued
by a Civil Registrar. W hat is involved is a mere irregularity
- in die issuance of a valid license. Hence, the validity of the
marriage is not affected.
b) No, the answer would not be the same. There would in fact
be an absence of a formal requisite of marriage if die marriage
license is spurious. The absence of a marriage license makes
the marriage void. :; v
06. EFFECT OF DIVORCE (Art. 26). Where a marriage

between a Filipino citizen and a foreigner is validly
celebrated and a divorce is thereafter validly obtained
abroad by the alien spouse capacitating him or her to
remarry, the Filipino spouse shall likewise have the
capacity to remarry under Philippine law (1992,1999,
and 2006 Bar).
a) It should be the alien spouse who should secure
the divorce and the divorce is valid under
the national law of the foreigner. There must
be proof of (1) the divorce decree and (2) the
national law of the alien spouse (2010 Bar).174

However, a petition for the judicial recognition
of the foreign divorce from the spouse is
required; the presentation solely of the divorce
decree is insufficient (2014 Bar).173
b) The rule shell not apply (the divorce will not be
recognized) if the divorce was obtained by the
Filipino spouse — therefore the Filipino spouse
2004, and 2005 Bar). Philippine laws still apply

with respect to the Filipino's status and capacity
to marry.176
(1) But in these cases, the divorce will be
recognized for certain purposes. Examples:
(i) The divorce is valid with respect to
the alien — for example, his status as
unmarried person should be recognized;
(ii) The alien cannot claim interest over the
property of the Filipino;177 (iii) The former
spouses cannot file a criminal case of
adultery against the other.178
c) Former Filipino. The rule is applicable if one
spouse was a Filipino at the time of marriage but
later on became a citizen of a foreign country. If
the former Filipino obtained a divorce after he
Or she became a foreign national, then the other
spouse who is a Filipino can already remarry
(2009,2011, and 2016 Bar),179
(1) The spouse who is still a Filipino cannot
(and need not) file a case for annulment of
l7*Ando v.DFA, G.R. No. 195432, August 27, 2014; Noveras v. Noveras, G.R. No.
188289, August 20,2014.
175Ando v. DFA, ibid.
176Aft. 15, NCC.
177Van D om v. RomiUo, 139 SC RA 139.
178PUapil v. Ibay-Somera, 174 SCRA 653.
179Republic v. Orberido III, G.R. No. 154380, October 5,2005.
Family Code
same
action untenable.180
d) Applicable to a M arriage Declared Void in a
Foreign Country on the Ground of Bigamy.
Although Article 26 only refers to divorce, the
principle therein "applies in a marriage between
a Filipino and a foreign national who obtains a
foreign judgment nullifying the marriage on the
ground of bigamy. The Filipino spouse may file
a petition abroad to declare the marriage void
on tire ground of bigamy. The principle in the
second paragraph of Article 26 of the Family
Code applies because the foreign spouse, after
the foreign judgment nullifying the marriage,
is capacitated to remarry under the laws of
his or her country. If the foreign judgment is
not recognized in the Philippines, the Filipino
spouse will be discriminated — the foreign
spouse can remarry while the Filipino spouse
cannot rem arry."181
e) Divorce under the Code of Muslim Personal
Laws of the Philippines (P.D. No. 1083) is recog
nized and binding182and severs marriage ties.
PROBLEMS:
1. Flor and VirgiUo were married to each other in Roxas City in
2000. In 2004, Flor was offered a teaching job in Canada, which
she accepted. In 2009, she applied for and Was granted Canadian
citizenship. The following year, she sued for divorce from Virgilio
in a Canadian court. After Virgilio was Served with summons, the
Canadian court tried the case and decreed the divorce. Shortly
thereafter, Flor married a Canadian. Can Virgilio marry again in
the Philippines? Explain.
A: Yes, Virgilio can validly remarry. His case is covered by Art. 26 of
the Family Code which provides that where a marriage between a
183Bayot v. Court of Appeals, G.R. Nos. 1556635 and 163979, November 7,2008.
181Fujiki v. Marinay, et al., G.R. No. 196049, June 26,2013.
182Zamoranos v. People, G.R. No. 193902, June 1,2011; See also Llave v. People, G.R.
No. 169766, March 30,2011.
Filipino citizen and a foreigner is validly celebrated and a divorce is

thereafter validly obtained abroad by die alien spouse capacitating
him or her to remarry, the Filipino spouse shall likewise have the
capacity to rem arry under Philippine law. Flor was already an alien
when she obtained the divorce, hence, Virgilio, die Filipino spouse
shall likewise have the capacity to remarry. (Republic v. Orbecido III,
G.R. No. 154380, October 5,2005)
2. In 1985, Sonny and Lulu, both Filipino citizens, were married in the
Philippines. In 1987, they separated, and Sonny went to Canada,
where he obtained a divorce in the same year. He then married
another Filipina, Auring, in Canada on January 1,1988. They had
two sons, James and John. In 1990, after failing to hear from Sonny,
Lulu married Tirso, by whom she had a daughter, Verna. In 1991,
Sonny visited die Philippines where he succumbed to heart attack.
a) Discuss the effect of the divorce obtained by Sonny and Lulu
in Canada.
b) Explain the status of the marriage between Sonny and

Auring.
c) Explain the status of the marriage between Lulu and Tirso.

A: a) The divorce obtained by Sonny in Canada cannot be
considered valid in the Philippines. Since Sonny and Lulu are
Filipino citizens, their status shall be governed by Philippine
laws. The divorce between a Filipino couple cannot be
recognized in the Philippines because under Art. 12 of the
New Civil Code the status of the Filipinos shall be governed
by Philippine laws even though they are living abroad.
b) The marriage between Sonny and Auring is void. Since the
divorce obtained by Sonny is void, there is a prior existing
m arriage to Lulu at the time of the second marriage. (Art. 41,
Family Code)
c) The m arriage between Lulu and Tirso is also void for the
same reason. Since the divorce obtained by Sonny is void,
there is a prior existing marriage to Sonny at the time of the
second marriage which makes the latter marriage void ab
initio because Lulu is still validly married to Sonny.
2. VOID MARRIAGES.
a) A petition for declaration of absolute nullity of a
void m arriage shall not prescribe.183 However, upon
183A rt 39, FCP.

Family Code
the death of the parties, the case shall be closed and

term inated.184
b) A petition for declaration of absolute nullity of a void
marriage may be filed solely by the husband or wife in
such void marriage (2012 Bar).1*5 Exception: In bigamy,
the husband or wife of the prior subsisting marriage is r]
the one who can file the petition.186 *
2.01. VOID DUE TO ABSENCE OF ESSENTIAL
REQUISITES:
(1) Marriage contracted by any party BELOW 18
years of age even with parental consent;
(2) Marriage solemnized by any person NOT
LEGALLY AUTHORIZED to perform marriages,
unless one or both of the parties believed in
good faith that the solemnizing officer had the
legal authority to do so:
NOTE: As already explained earlier, good faith
must consist of mistake of fact and not mistake
of law.
(3) Marriage solemnized WITHOUT A LICENSE
except as otherwise provided;
(4) Bigamous or Polygamous marriages;
(5) Marriages contracted through mistake of one of
the parties as to the identity of the other;
(6) Subsequent marriages that are void under
Article 53 of the Family Code (failure to record
in the civil registry and registries of property
the judgment of annulment or of absolute
nullity of marriage, the partition and delivery of
presumptive legitime);
184Sec. 24, A.M. No. 02-11-10-SC.

185Sec. 2(a), A.M. No. 02-11-10-SC.
I86Fujiki v. Marinau, et ah, supra.
(7) Marriage contracted by a party who at the time of

the marriage was psychologically incapacitated;
and
(8) Total absence of consent. Example: A marriage in
jest is a pretended marriage which may be legal
in form but is entered into as a joke with no real
intention of entering into the actual marriage
and with a clear understanding that die parties
shall hot be bound. This marriage is VOID for
complete absence of consent.187
2.02. VOID FOR BEING INCESTUOUS. These marriages
are void whether the relationships between the
spouses are legitimate or illegitimate:188
(1) Marriage between Ascendants and Descendants
of any degree; and
(2) Marriage between brothers and sisters whether
full or half-blood.
2.03. VOID FOR BEING CONTRARY TO PUBLIC
POLICY:189
(1) between collateral blood relatives whether
legitimate or illegitimate up to the fourth civil
degree;
(2) between step-parents and step children;
(3) between parents-in-law and children-in-law;
(4) between the adopting parent and the adopted
child;
(5) between the surviving spouse of the adopting
parent and the adopted child;
(6) between the surviving spouse of the adopted
child and the adopter;
(7) between an adopted child and a legitimate child
of the adopter;
187Repiiblic of the Philippines v. AJbios, 707 SCRA 584 (2013).

188Art. 37. FCP.
PERSONS AND FAMILY KliT.ATIONS 55
Family Code
(8) between tine adopted children of the same

adopter; and
(9) between parties where one, with the intention
to marry the other, killed the latter's spouse, or
his/her spouse.
NOTE: A marriage between a stepbrother and
stepsister is not prohibited under the Family
C ode (2007 Bar).
a) NOT VOID due to relationship. There is
: no prohibition with respect to the following
and therefore the marriage between them is
valid: (1) Brother-in-law and sister-in-law; (2)
Stepbrother and stepsister; (3) Guardian and
w ard; and (4) Adopted and illegitimate child of
the adopter.
2.04. VOID SECOND MARRIAGE. The Second Marriage
is void if it is contracted: *
(1) without judicial declaration of nullity of
previous void marriage;190
(2) without judicial declaration of presumptive
death of absent spouse;191or
(3) where the spouse was presumed dead,
and both the present spouse and would-
be spouse were in bad faith in contracting
marriage.192 .
a) Void M arriage Cannot be Collaterally Attacked
—- for purposes of remarriage. There must be a
declaration of nullity of the marriage before
one can remarry. Under Article 40, the absolute
nullity of the marriage cannot be invoked
for purposes of remarriage if there is no final
judgment declaring such previous marriage
void (1991 Bar).
190Art. 40, ECP.

191Art. 41, ibid.
192Art. 44, ibid.
b) Bigamy. Without judicial declaration, the void

nature of the Previous Marriage cannot be used
as a defense in a BIGAMY case (2011 Bar).m
There can be criminal liability for bigamy even if
the first marriage is void and there is no judicial
declaration of nullity.
(1) The accused may still be charged with
bigamy, even if there is a subsequent
declaration of nullity of the second
marriage, so long as the first marriage was
still subsisting when the second marriage
was celebrated.*194
(2) In one case it was ruled that if the second
marriage is void for absence of essential
requisites like absence of a marriage license
or if there was no ceremony, then there can
be no conviction for bigamy.195 However,
there is a contrary ruling expressed in
another case where the Court sustained the
conviction of the petitioner and ruled that
they cannot countenance the petitioner's
illegal acts of feigning a marriage because
to do so would only make a mockery of the
sanctity of marriage.196
3. PSYCHOLOGICAL INCAPACITY. Inability to comply with the

essential marital obligations of marriage of one or both of the
parties makes the marriage void.197 The defect of the marriage
must be present at the time of the marriage but manifestations
of the psychological incapacity may appear only later.
a) Psychological incapacity must be characterized
by: (1) gravity, (2) juridical antecedence, and (3)
'"M ercado v. Tan, G.R. No. 137110, August 1, 2000; Carino v. Carino, G.R. No.
132529, February 2, 2001; See, however, Morigo v. People, G.R. No. 145226, February 6,
2004.
194Capili v. People and Tismo-Capili, G.R. No. 183805, July 3,2013.
195Go-Bangayan v. Bangayan, G.R. No. 201061, July 3,2013.
'"Santiago v. People, G.R. No. 200233, July 15,2015.
197Art. 36, FCP.
Fam ily Code
incurability (2013, 2014, and 2016 Bar).m The

incapacity must be grave or serious such that
the party would be incapable of carrying out the
ordinary duties required in marriage; it must
be rooted in the history of the party antedating
the marriage, although the overt manifestations
may emerge only after marriage; and it must
be incurable or, even if it were otherwise, the
cure would be beyond the means of the party
involved.19819920It consists of:
(1) a true inability to commit oneself to the
essentials of marriage;
(2) the inability must refer to the essential ob
ligations of marriage, that is, the conjugal
act, the community of life and love, the
rendering of mutual help, and the procre
ation and education of offspring; and
(3) the inability must be tantamount to a
psychological abnormality (2002 and 2006
Bar).™
b) "Psychological incapacity must be more than
just a 'difficulty/ 'refusal' or 'neglect' in the
performance of the marital obligations; it is not
enough that a party prove that the other failed
to meet the responsibility and duty of a married
person."201
3.01. JURISPRUDENTIAL GUIDELINES. The Jurispru
dential guidelines in declaring a marriage void due
to psychological incapacity are as follows:202
(1) The burden of proof rests with the plain
tiff;
198MaUilin v. Jamesolamin, G.R. No. 192718, February 18,2015.

199Santos v. Court of Appeals, G.R. No. 112019, January 4,1995.
200Republic v. Hon. Court of Appeals and Quintos, G.R. No. 159594, November
2012.
201Del Rosario v. Del Rosario, G.R. No. 222541, February 15,2017.
202Republic v. Court of Appeals and Molina, G.R.. No. 108763, February 13,1997.
58' REVIEWER ON CIVIL LAW
(2) The root cause of the psychological

incapacity must be:
(i) medically or clinically identified;
(ii) alleged in the complaint;
(iii) sufficiently proven by experts;
(iv) explained in the decision;
(3) The incapacity must be existing at the time
of the celebration of marriage;
(4) The incapacity m ust be permanent or
incurable;
(5) The illness is grave enough to prevent the
party from assuming the essential marital
obligations;
(6) The marital obligations refer to Articles 68-
71 of the Family Code as well as Articles
220,221, and 225 of die Family Code;
(7) The interpretations of the National Appel
late Matrimonial Tribunal of the Catholic
Church of the Philippines while not con
trolling should be given great respect; and
:. (8) The trial court must order file prosecuting
attorney or fiscal and tire Solicitor General
to appear for the State.
a) Expert Opinion. Expert opinion is no longer
mandatory so long as the totality of the
evidence is sufficient enough to establish tire
psychological incapacity.203It "m ay be dispensed
with in a petition under Article 36 of the Family
Code if the totality of the evidence shows that
psychological incapacity exists and its gravity,
juridical antecedence, and incurability can be
duly established."204
^Marcos v. Marcos, G.R. No. 136590, October 19,2000; Ngo-Te V. Yu-Te, G.R. No.
161793, February 13,2009.
^Marcos v. Marcos, ibid.; Del Rosario v. Del Rosario, G.R. No. 222541, February 15,
2017; See also AM. No. 02-11-10-SC dated March 15,2003.
Family Code
(1) However, opinions of experts like psychol

ogists are important evidence and carries
weight and may in some cases be decisive
in a case.205In addition, the Supreme Court
explained that even if the expert opinions
of psychologists are not conditions sine qua
non in the granting of petitions for declara
tion of nullity of marriage, the actual medi
cal examination of should be dispensed
with only if the totality of evidence pre
sented is enough to support a finding of his
psychological incapacity.206
(2) It is not necessary that the expert person
ally examine the spouse who is allegedly
incapacitated207 (2012 and 2015 Bar).
b) Certification of OSG. The requirement in the
Molina jurisprudential Guidelines that there must
be a certification of the OSG before a decision
can be rendered has already been removed by
A.M. No. 02-11-10 SC.208
c) Who M ust File. A.M. No. 02-11-10 SC expressly
provides that only the husband and wife can file
an action to declare their marriage void. Even
the psychologically incapacitated spouse can
file the petition.209
d) The decision of a church tribunal annulling the
marriage based on psychological incapacity is
not binding on the courts (1993 and 2014 Bar).
3.02. EXAMPLES. '
3.02.01. Examples of cases when the m arriage was declared
void due to psychological incapacity: (1) The
husband was incapacitated because he was suffering
205Ngo-Te v. Yu-Te, supra; Mendoza v. Republic, 685 SC R A 16 (2012).

^M end oza v. Republic, G.R. No. 157649, November 12,2012; Kalaw v. Fernandez,
G.R. No. 166357, January 14,2015.
207Kalaw v. Fernandez, ibid.
208Rumbaua v. Rumbaua, G.R. No. 166738, August 14,2009. t
209H aliliv.H aliIi,G .R. No. 165424, June 9,2009. .
REVIEW ER O N CIVIL LAW
from ''Dependent Personality Disorder" — he was

dependent on his mother;710 (2) Personality disorder
that shows inability to perform marital obligations
as manifested by substance abuse, sporadic financial
support, extramarital affairs, failed business
attem pts, unpaid money obligations, inability to
keep a job, and criminal case for estafa;*211 (3) Refusal
of the husband to have intercourse with the wife;212
(4) the wife was a congenital liar;213(5) Depending on
the severity, being of unsound mind, drug addiction,
habitual alcoholism, lesbianism or homosexuality
may be indicia of psychological incapacity;214
(6) failure to fully appreciate the duties and
responsibilities of parenthood and wanton disregard
of the children's moral and mental development as
evidenced by the obsessive playing of mahjong and
even exposing her children of tender age to a culture
of gambling and other vices.215
3.02.02. NO psychological incapacity in the following cases:
(1) mere personality disorder without showing how
it affects the ability to perform marital obligations;
(2) conflicting personalities,216 constant quarrels and
irreconcilable differences; (3) mere wom anizing or
Sexual infidelity or perversion;217 (4) m ere financial
difficulties; (5), the wife allegedly had the habit of
frequently gossiping w ith neighbors, leaving the
house Without the husband's consent, refusal to do
the household chores and to take care of their adopted
daughter and gambling;218 (6) m ere sexual infidelity
^ “Azcueta v. Republic, G.R. No. 180668, M ay 26,2009,

211Reyes v. Reyes, G .R No. 185286, August 10,2010.
212Tsoi v. Court of Appeals, 266 SCRA 325.
213Antonio v. Reyes, G.R. No. 155800, March 10,2006.
2l4Santos v. Court of Appeals, 240 SCRA 20 (1995).
215Kalaw v. Fernandez, G.R. No. 166357, January 14,2015,
2I6Republic v. Pangasinan, G.R. No. 214077, August 10,2016.
217Toring v. Toring, 640 Phil. 434 (2010).
218Republic v. Encclan, 688 SCRA 215.
PERSON’S AND FAMILY RELATIONS ' 61
Family Code
the conjugal dwelling (2016 Bar)?™ (7) the emotional

immaturity, irresponsibility, sexual promiscuity, and
other behavioral disorders;920(8) indulging in drinking
sprees all the time, tendency to become violent when
drunk, having extramarital affair and avoiding duties
as father and sexual intimacy;219*2212(9) being a nagger or
gambler without other circumstances (2006 Bar);232
(10) Intention to live apart or refusal to come home
unless the husband works overseas (1996 Bar).
PROBLEM:
Maria and Luis, both Filipinos, were married by a Catholic priest in
Lourdes Church, Quezon City in 1976. Luis was drunk on the day of his
wedding, In fact, he slumped at the altar soon after the ceremony. After
marriage, Luis never had a steady job because he was drunk most of the
time. Finally, he could not get employed at all because of drunkenness.
HenCe, it Was Maria who had to earn a living to support herself and her
child begotten with Luis. In 1986, M aria filed a petition in the church
matrimonial court in Quezon City to annul her m arriage with Luis on the
ground of psychological incapacity to comply w ith his m arital obligation.
Her petition was granted by the church matrimonial court.
a) Can M aria now get married legally to another man under
Philippine laws after her marriage to Luis was annulled by
the church matrimonial court? Explain.
b) W hat must Maria do to enable her to get m arried lawfully to
another man under Philippine laws?
A: a) No, M aria cannot validly contract a subsequent marriage. A
judicial decree for nullity of the first marriage is essential.
Philippine laws do- not recognize church declaration of
nullity of a marriage as legally effective. Only courts of
competent jurisdiction can nullify a marriage.
b) Maria must file a petition in court to obtain a judicial
declaration of nullity of the marriage under Article 36
Family Code if she can prove that Luis was psychologically
incapacitated to contract marriage. It is only after there is
such a judicial declaration when M aria can get married
lawfully to another man.
219Republic v. Hon. Court of Appeals and Quintos, G.R. No. 159594, November 12,
2012; Kalaw v. Fernandez, supra.
^'H ebel v. Court of Appeals; 466 Phil. 226 (2004); Pesca v. Pesea, 408 Phil. 713
(2001); Republic v. Fncelan, 701 Phil. 192 (2013). "
—'Del Rosario v. Del Rosario, G.R. No. 222541, February 15,2017.
222Singson v. Singson, G.R. No. 210766, January 8,2018.
62 REVinWF.RON CIVII, LAW
4. DECLARATION OF PRESUMPTIVE DEATH.

4.01. REQUISITES. The requisites of marriage after the
declaration of Presumptive Death under Article 41 of
the Family Code are as follows:
(1) That the absentee spouse has been
missing for four consecutive years or two
consecutive years if the disappearance
occurred where there is danger of death
under circumstances laid down in Article
391 of the NCC;
(2) The present spouse wishes to remarry;
(3) The present spouse has well-founded belief
that the absentee is dead;
(4) The present spouse initiates a summary
proceeding for the declaration of
presumptive death and a decision is
rendered therein (2013 Bar).22-''
a) No Appeal. The decision in a summary pro
ceeding for declaration of presumptive death is
unappealable and executory upon notice to the
parties.224 However, a petition for certiorari un
der Rule 65 may be available in proper cases.225
b) Due Diligence Required for Well-Founded
Belief. There must be showing of due diligence
and reasonable effort in determining if the
absent spouse is already dead. Without such
exercise of due diligence, it cannot be said that
there is a well-founded belief.226 The belief of
the present spouse must be the result of proper*
^R epu blic v. Granada, 672 SCRA 432 (2012); Republic v. Cantor, 712 SCRA 1
(2013); Social Security System v. Azote, G.R. No. 209741, April 15,2015; Republic v. Tam-
pus, G.R. No. 214243, March 16,2016.
“ ‘‘Republic v. Nacerda, G.R. No. 182760, April 10,2013; Republic v. Tango, G.R. No.
161062, July 31,2009.
^R epu blic v. Sarcnogon, Jr., G.R. No. 199194, February 10,2016.
^R epu blic v. Court of Appeals, G.R. No. 159614, December 9, 2005; Republic v.
Tampus,G.R. No. 214243, March 16,2016.
Family Code
and honest to goodness inquiries and efforts to

ascertain the whereabouts of the absent spouse
and whether the absent spouse is still alive or
already dead. Whether or not the spouse present
acted on a well-founded belief of death of the
absent spouse depends upon the inquiries to
be drawn from a great many circumstances
occurring before and after the disappearance of
the absent spouse and the nature and extent of
the inquiries made by the present spouse.227
(1) The degree of diligence and reasonable
search required by law is not met: (i) when there
is failure to present the persons from whom
the present spouse allegedly made inquiries
especially the absent spouse's relatives/
neighbors, and friends; (ii) when there is failure
to report the missing spouse's purported
disappearance or death to the police or mass
media; (iii) when the present spouse's evidence
might or would only show that the absent
spouse chose not to communicate, but not
necessarily that the latter was indeed dead;228
arid (iv) when the spouse tried to locate die
other spouse by merely making inquiries with
his parents, relatives, and neighbors.229
4.02. EFFECT OF REAPPEARANCE OF ABSENT
SPOUSE. The subsequent bigamous marriage
under Article 41 remains valid despite reappearance
of the absentee spouse (who has been declared
presumptively dead).
4.02.01. Requisites. The reappearance will cause the
termination of the subsequent marriage only if the
following are present:230
^ R epu blic v. Granada, G.R. No. 187512, June 13,2012.

228Republic v. Cantor, G.R. No. 184621, December 10,2013; Republic v. Sarenogon,
Jr., G.R. No. 199194, February 10,2016.
229Republic v. Tampus, G.R. No. 214243, March 16,2016.
230Santos v. Santos, G.R. No. 187061, October 8,2014.
64 REV IEW ER ON CIVIE LAW
(1) the non-cxistence of a judgment annulling

the previous marriage or declaring it void
ab initio-,
(2) recording in the civil registry of the
residence of the parties to the subsequent
marriage of the sworn statement of fact
and circumstances of reappearance;
(3) due notice to the spouses of the subsequent
marriage of the fact of reappearance; and
(4) the fact of reappearance must either be
undisputed or judicially determined.
b) Remedy to Terminate Second Marriage.
— Recording in the Civil Registry of an
affidavit of reappearance by absent spouse
AUTOMATICALLY TERMINATES the second
marriage, UNLESS the other requisites are
absent as in the case where the first marriage was
already declared annulled or null and void.231
c) Effects of Termination of Second Marriage:
(1) The children of the second marriage
conceived prior to the termination shall be
considered legitimate;
(2) The absolute community or conjugal
partnership of the second marriage shall be
dissolved and liquidated. If either spouse
acted in bad faith, his/her share in the
net profits shall be forfeited: (i) in favor
of the common children; (ii) if none, in
favor of the children of the guilty spouse
by previous marriage; or (iii) in default of
children, in favor of the innocent spouse;
(3) Donations by reason of the marriage
remain valid — Exception: if the donee
contracted the marriage in bad faith
in which case the donation shall be
considered revoked.
231Art.42.FCP.
Family Code
(4) The innocent spouse may revoke the

designation of tine spouse in bad faith as
the beneficiary in any insurance policy;
and . : .y •
(5) The spouse who contracted the second
marriage in bad faith shall be disqualified
to inherit from the innocent spouse by
testate or intestate succession.
VOIDABLE MARRIAGES (Art. 45). The following are voidable
marriages:
(1) The party in whose behalf it is sought to have the
marriage annulled was 18 years of age or over
but below 21, and tine marriage was solemnized
without the consent their father, mother,
surviving parent or guardian, or persons having
legal charge of them (in the order mentioned232)
and both lived together as husband and wife
(1990 and 2011 Bar);
(2) Either party is of unsound mind;
(3) Fraud in obtaining consent of either party;
(4) Vitiated consent — consent was obtained
through force, intimidation or undue influence;
(5) Physical incapability of either party to
consummate the marriage with the other, and
such incapacity continues and appears to be
incurable (2007 Bar);
(6) Either party was afflicted with sexually-
transmissible disease found to be serious and
appears to be incurable.
NOTE: Sterility is not one of the grounds for
annulment of marriage (2003 Bar).
5.01. EFFECT OF RATIFICATION. The Voidable
M arriage cannot be annulled because of
232Art. 14, FCP.

RATIFICATION in the following cases: Cohabitation

Freely cohabiting with the other upon reaching
21, or after coming to reason, or after the party
against whom the fraud was committed obtains full
knowledge of the facts constituting fraud or if the
grounds for vitiated con-sent already disappeared
(for grounds 1 to 4 above).
a) Prescription of Action to Annul — Five years
(1996 and 2007 Bar).
b) Only the injured party / spouse can file an action
; to annul233 (19:95 Bar),
5.02. EXCLUSIVE LIST OF CIRCUMSTANCES THAT
CONSTITUTE FRAUD:234
(1) Non-disclosure of a previous conviction by final
judgment of the other party of a crime involving
. ' . moral turpitude (2011 Bar)-,
(2) Concealment by the wife of the fact that at the
time of the marriage, she was pregnant by a man
other than her husband;
(3) Concealment of a sexually transmissible disease,
regardless of its nature, existing at the time of the
; marriage; Example: concealment that me spouse
is suffering from AIDS (1991 and 2003 Bar); and
(4) Concealment of drug addiction, habitual
alcoholism, homosexuality or lesbianism
existing at the time of the marriage (2011 Bar).
NOTE: There is NO FRAUD if the marriage is for the sole
purpose of evading immigration laws — such as to
maintain the resident status of an alien. Such marriage
is valid if all the requisites of marriage are present. To
be valid, the purpose of the marriage need not be the
purpose expressed in the Constitution or the Family
Code.235 :.;g
233Art. 47(5), FCP.

Â rt. 46, FCP.
^R epu blic of the Philippines v. Albios, 707 SCRA 584 (2013). :
PERSONS AND FAMILY RELATION'S 67
Family Code
5.03. DOCTRINE OF TRIENNIAL COHABITATION.

There is a presumption thiit the husband is not
impotent. However, the presumption is rebutted
should the wife still remain a virgin after three years
of living together with her husband.
5.04. SOME OF THE EFFECTS OF ANNULMENT: (1) the
designation of the spouse who acted in bad faith as
revocable or irrevocable beneficiary is also revoked
by operation of law; (2) the spouse who acted in
bad faith becomes disqualified as testamentary or
intestate heir; (3) the spouse who acted in bad faith ;
forfeits share in the net profits of the properties.236
5.05. LIQUIDATION OF PROPERTIES. Liquidation of
the Properties in case the marriage is annulled is ■
governed by Articles 50 and 51 of the Family Code.
NOTE: These Articles DO NOT apply if the marriage ■
is declared void under Article 3b due to psychological
incapacity — the applicable rule is the rule on co-
ownership.237*
5.06. RECORDING. The judgment of annulment or of
absolute nullity of the marriage, the partition and
distribution of the properties of the spouses, and the
delivery of the presumptive legitime (of common
, children) SHALL be recorded in the appropriate civil
registry and registries of property, OTHERWISE:
(1) - The same shall not affect third persons;258
(2) The former spouses cannot yet marry — the
subsequent marriage shall be NULL and VOID
a 990,1993, and 1999 Bar).™
Note: The children born of a second marriage after
annulment but before recording are LEGITIMATE.240
236A rt.4 3 ,NCC.

^ D in o v. Dino, G.R. No. 178044, January 19,2011.
^ A rt. 52, FCP.
^ A rt. 53, z&zd. .
240A rt.5 4 ,ibid. .
5.07. DISTINGUISHED FROM VOID MARRIAGE.241
VOID MARRIAGE v o id a b l e M a r r ia g e
Void from the very beginning Valid until annulled.
and is considered as not to
have taken place.
It cannot be the source of Right may be acquired before it is
rights. annulled.
It cannot be ratified. It can be ratified or confirmed by
free cohabitation.
It can be assailed collaterally. It cannot be assailed collaterally.
The property regime is co- Absolute community or conjugal
ownership partnership of gains or complete
separation may be applied
depending on the circumstances.
The children are illegitimate The children are legitimate.
The action to declare the There is a prescriptive period for
absolute nullity does not the action to annul.
prescribe.
5.08. WHO WILL FILE THE ANNULMENT.
. ground PERSON WHO CAN FILE

Absence of Parental (1) the person who is supposed to
Consent give consent if the child (one of
the spouse) has not yet reached the
age of 21 (the party-spouse cannot
file) — to be filed before the child
reaches 21;
(2) by the party (child) if he has reached
the age of 21 (the person who is
supposed to give consent can no
longer file) — to be filed within 5
years after reaching 21 (1999 Bar).
241See Ninal v. Bayadog, G.R. No. 1333778, March 14,2000,

Family Code
Unsound ness of Mind (1) the person who is of unsound mind

during ludd intervals or if he is
already of sound mind;
(2) relative or guardian of the person
who is of unsound mind;
(3) tiie innocent spouse (without
knowledge) of the person of
unsound mind.
Fraud, Force, Innocent spouse — within 5 years after
Intimidation or undue discovery of fraud
influence
Impotency The spouse who is not impotent —
within 5 years after marriage
Sexually-transmitted Innocent spouse (without notice and
disease without disease) — within 5 years after
marriage
PROBLEMS:
1. a. One of the grounds for annulment of marriage is that either
party, at the tim e of their marriage was afflicted with a
sexually-transmissible disease, found to be serious and
appears incurable. Two years after their marriage, which
took place on 10 October 1988, Bethel discovered that her
husband Jamieis, has a sexually-transmissible disease which
he contracted even prior to their marriage although James
did not know if himself until he was examined two years
later when a child was already born to them. Bethel sues
:. James for annulment of their marriage. James opposes the
annulment on the ground that he did not even know that he
had such a disease so that there was no fraud or bad faith on
his p a rt Decide. :
b. Suppose that both parties at the time of their marriage were
similarly afflicted with sexually-transmissible diseases,
serious and incurable, and both knew of the infirmities [of]
the other, can Bethel or James sue for annulment of their
marriage? ■■ ■
A: a. The m arriage can be annulled. Article 45 of the Family Code
provides that a marriage can be annulled if either party is
afflicted with sexually-transmissible disease which is found
to be serious and appears to be incurable. Good faith is
not a defense when the ground for annulment is sexuaUy-

transmissible disease on the part of either party.
b. No, neither Bethel nor Jam es can sue for annulment of

m arriage. It is true that under Article 45 of the Family Code,
a m arriage can be annulled if either party is afflicted with
sexually-transmissible disease of either party found to be
serious and appears to be incurable. However, Article 47 of
the Family Code provides that it is an injured party who can
file fee action for annulment within five years. Since they
are both aware of each other's infirmities, they cannot be
5
2. W hat is the status of the following m arriages and why?
(a) A m arriage between two 19-year olds without parental
consent..
& (b) A marriage between two 21-year olds without parental
I (c)
advice.
A m arriage between two Filipinos first cousins in Spain
where such marriage is valid (1999 Bar).
A: (a) The marriage is voidable. The consent of the parents of the
I parties to the marriage is indispensable for its validity if the
parties are below 21 years old. Article 45 provides that the
marriage is voidable if the party in whose behalf annulment
is sought was 18 years or over blit below 21 and the marriage
was solemnized without the consent of the parents, guardians
or persons having substitute parental authority.
(b) The marriage is valid. Although parental advice is a
requirement for the issuance of a marriage license if any of
the contracting parties is between 21 to 25, non-compliance
with such requirement Is merely an irregularity that affects a
formal requisite. Hence, the absence of parental advice does
not affect the validity of the marriage itself.
(c) The m arriage is void. Under Article 38(1) of the Family Code,
marriage between collateral relatives up to the fourth civil
degree is void. The parties in the given problem are first
cousins, hence, they fall under the said provision. The fact
that m arriage between first cousins is considered valid in the
country were the marriage is solemnized will not change the
fact that the m arriage is void as expressly provided for in the
first paragraph of Article 26 of the Family Code. The capacity
' of the Filipinos are still governed by Philippine laws even if
they are in Spain.
Family Code
3. Under what conditions, respectively, may drug addiction be a

ground, if at all, (a) for a declaration of nullity of marriage, and (b)
for an annulment of the marriage contract? (1997 Bar)
A: (a) Drug addition can be dted as a ground for declaration of
nullity of marriage if the same amounts to psychological
incapacity to comply with the essential obligations of
marriage which w as already existing at the time of marriage.
(b) Drug addition is a form of fraud under Article 46 of the

Family Code. If the other party w as not aware of the drug
addition, the law considers that the consent of either party
was obtained by fraud. There will be no ground if a party
afterwards, with full knowledge of the facte constituting the
fraud, freely cohabited with the other as husband and wife.
The case for the annulment of m arriage contract must be
filed within five years after discovery.
NOTE: Drug addiction is also ground for legal
separation under Article 55 of the Family Code. The petition
should be filed within five years provided that there w as no
condonation.
6. LEGAL SEPARATION. — The marriage bond remains

although the separation of the spouses is sanctioned by the
court.
6.01. EXCLUSIVE GROUNDS FOR LEGAL
SEPARATION (1953 Bar):2*2
(1) Repeated physical violence or grossly abusive
conduct directed against the petitioner, a
common child, or a child of the petitioner;
(2) Physical violence or moral pressure to compel
the petitioner to change religious or political
affiliation;
(3) Attempt of respondent to corrupt or induce the
petitioner, a common child, or a child of the peti
tioner, to engage in prostitution, or connivance
in such corruption or inducement;
(4) Final judgment sentencing the respondent to
imprisonment of more than six years, even if
pardoned;24
242Art. 55, FCP.

(5) Drug addiction or habitual alcoholism of the

respondent(2002Bar);
(6) Lesbianism or homosexuality of the respondent;
(7) Contracting by the respondent of a subsequent
bigamous marriage, whether in the Philippines
or abroad (1994 Bar);
(8) Sexual infidelity or perversion (2003, 2007, and
2012 Bar);
(9) A ttempt by the respondent against the life of the
petitioner; or
(10) Abandonment of petitioner by respondent
without justifiable cause for more than one year
(1994 and 2003 Bar).
6.02. PRESCRIPTIVE PERIOD: Five years from the
occurrence of the ground (2012 Bar).
a) Cooling-off Period. — Six months period from
the filing of petition.243 t
b) Effort to Reconcile. — The Court must take
steps toward reconciliation; otherwise, it cannot
declare legal separation (2011 Bar).244
c) No Compromise or Confession of Judgment
is allowed in legal separation — this means
that there can be no judgment based solely on
stipulated facts (1963 and .2011 Bar).
d) Rights and duties after filing of the Petition
while the case is pending:
(1) The spouses shall have the right to live
separately with each other.245
(2) The administration of their properties shall
be awarded by the Court to:
(i) Whoever is designated in a written
agreement between the spouses;
243Art. 58, FCP.

244Art. 59, ibid.
245A rt 61, FCP.
Family Code
(ii) In the absence of an agreement, either

of the spouses or third person.2"
(3) The Court, in the absence of adequate pro
visions in the written agreement, Shall
provide for the support of the spouses
and custody and support of their common
children.246247
6.03. DEFENSES. The grounds for DENIAL of petition are
as follows:248249
(1) Where die aggrieved party has condoned
the offense or act complained of (example,
cohabitation and having marital intercourse
(2) Where the aggrieved party has consented to the

commission of the offense or act complained of;
(3) Where there is connivance between the parties in
the commission of the offense or act constituting
the ground for legal separation;
(4) Where both parties have given ground for legal
separation;
(5) Where there is collusion between the parties to
obtain decree of legal separation; or
(6) Where the action is barred by prescription.
6.04. EFFECTS OF DECREE OF LEGAL SEPARATION
(1963 Bar):
(1) The spouses shall be entitled to live separately
from each other but the marriage bond is not
severed:
(2) The absolute community or conjugal partner
ship shall be dissolved and liquidated.
246Art. 61, ibid.

247Art. 62 in relation to Art. 49, FCP.
248Art. 56, FCP. - .
249Bugayorig v. Ginez, G.R. No. L-10033, December 28,1956.
(3) The custody of the minor children shall be

awarded to the innocent spouse subject to the
provisions of Article 213 of the Code.
(4) The offending spouse shall be disqualified
from inheriting from the innocent spouse by
intestate succession and the provisions in favor
of the offending spouse made in the will of the
innocent spouse shall be revoked by operation
of law.
(5) The innocent spouse may revoke the donations
made by him /her in favor of the offending
spouse, as well as the designation of the latter as
beneficiary in any insurance policy, even if the
designation be irrevocable.
6.04.01. Properties. The absolute community of property
or the conjugal partnership, as the case may be,
shall be dissolved and liquidated, but the GUILTY
SPOUSE shall have not share in the NET PROFITS
of the community property or conjugal partnership
property. The guilty spouse's share shall be forfeited
in favor of:
(1) the common children, or
(2) if there are none, the children of the guilty
spouse by a previous marriage, or
(3) in default of children, the innocent spouse.
a) Forfeiture. The rule on forfeiture also applies to
annulment of voidable marriage and declaration
of nullity of the void marriage as well as
termination of a subsequent marriage (in case
of reappearance of a spouse who was declared
presumptively dead).250
b) Object of.Forfeiture. For purpose of computing
the net profits subject to forfeiture — both for
Absolute Community Property and Conjugal
Partnership of Gains — in accordance with
250Art. 43(2) in relation to Arts. 50 and 63(2), FCP; Quiao v. Quiao, G.R. No. 176556,
July 4,2012,675 SCRA 642 (2012); Pana v. Heirs of Jose Juanite, Sr., 687 SCRA 414 (2012).
r PERSONS AND FAMILY RELATIONS 75
\
Family Code
Articles 43, No. (2) and 63, No. (2), the said
profits shall be the increase in value between
the market value of the community property at
the time of the celebration of the marriage and
the market value at the time of its dissolution.
Thus, even a guilty spouse can claim part of the
properties that he brought into the marriage.
However, nothing will be given to the guilty
spouse if no separate property was brought into
the marriage.251
6.05. EFFECTS OF RECONCILIATION OF THE
SPOUSES.
(1) The legal separation proceedings, if still
pending, shall thereby be terminated at
whatever stage;
(2) The final decree of legal separation shall be set
asider-lmt th^-s^p^ration of property and any
foi"feiti|re)of shard' of the guilty spouse already
effected'shall sttosist, unless the spouses agree
to revive their former property regime.
PROBLEM:
If a man commits several acts of sexual infidelity, particularly in
2002,2003, 2004, 2005, the prescriptive period to file for legal separation
runs from 2002. State if this is true or false. (2007 Bar)
A: False. Each sexual infidelity is a cause for legal separation. Hence,
the five-year prescriptive period for filing legal separation runs
every time there is sexual infidelity. Thus, four separate prescriptive
periods commenced from 2002 to 2005. The presdptive period for
the last act of sexual infidelity in 2005 prescribed in 2010.
7. MARITAL RIGHTS AND OBLIGATIONS.

7.01. ESSENTIAL MARITAL OBLIGATIONS. The
spouses must:
(1) Live together;252
M1Quiao v. Quiao, supra.

252Art. 68, FCP.
(2) Observe mutual love, respect arid fidelity;253

(3) Render mutual help and support;254
(4) Jointly fix file family domicile;255
(5) Be jointly responsible for the support of the
family;256
(6) Jointly manage the household.257
a) Courts cannot force the spouses to live
together or to cohabit. However, the
abandoned spouse may avail of the proper
remedies like a petition for receivership,
for judicial separation of property, for
authority to be sole administrator of
the community properties, or ask for
deprivation of parental authority, and
refuse to give support.258 •
b) A spouse may be made liable for rape of
the other spouse.259
7.01.01. Expenses for Support and for Household
Management. — The expenses for such support
and other conjugal obligations shall be paid from
the community property and, in the absence thereof,
from the income or fruits of their separate properties.
In case of insufficiency or absence of said income or
fruits, such obligations shall be satisfied from the
separate properties.260 .
7.01.02. Exercise of Profession (Art. 73 as amended by R.A.
No. 10572). Either spouse may exercise any legitimate
profession, occupation, business or activity without
^ A rt. 68, FCP. ’ : : '

^ A rt. 68, FCP.
255Art. 69, ibid.
256Art. 69, ibid.
237Ait. 70, ibid.
^ Ilu so rio v. Qusorio-Bildner, 3 6 1 SCRA 427 (2001).
259People v. Jumawan, G.R. No. 187495, April 21,2014.
Ârts. 69 and 70, ibid.
Family Code
the consent of the other. The latter may object only on

valid, serious, and moral grounds.
a) Disagreement. In case of disagreement,
the court shall decide whether or not:
(1) The objection is proper, and
(2) Benefit, has accrued to the family prior to the
objection or thereafter. If file benefit accrued
prior to the objection, the resulting obligation
shall be enforced against the community
property. If the benefit accrued thereafter,
such obligation shall be enforced against the
separate property of the spouse who has not
obtained consent.
■ NOTE: The foregoing shall not prejudice the
rights of creditors who acted in good faith.8
8. PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE.

— this shall be governed by:
(1) The marriage settlement executed before
the marriage;
(2) The provisions of the Family Code;
(3) Local customs.261
a) Kinds of Property Regime. The basic property
regimes under the Family Code are:
(1) Regime of Absolute Community;
: (2) Conjugal Partnership of Gains;
(3) Complete Separation of Property; and
(4) Mixed Property Regime as may be agreed
upon by the spouses in the Marriage
Settlement. ■
b) Governing Properly Regime: Spouses w ho are
married when the Family Code is already in
force shall be governed by the following:
(1) Property regime stipulated in a valid

Marriage Settlement; or
(2) Separation of Property judicially decreed
in an appropriate proceeding during
marriage; or
(3) In the absence of the above, ABSOLUTE
COMMUNITY OF PROPERTY Regime.2*2
: c) When Philippine Laws DO NOT APPLY. With
respect to the property regime, the above rules
(b) shall not apply in the following cases:
(1) When both spouses are aliens, even if they
are married in or reside in the Philippines;
(2) As to extrinsic validity of contracts
affecting property NOT situated in the
Philippines and executed in the country
where the property is located; and
(3) As to extrinsic validity of contracts entered,
into in the Philippines but affecting
property situated in a foreign country
whose laws require different formalities
for its extrinsic validity.263
8.01. MARRIAGE SETTLEMENT (ANTE-NUPTIAL
AGREEMENT). It is the agreement entered into by
the future spouses fixing the property regime that
should govern during the existence of marriage.
8.01.01. Requisites of a Valid M arriage Settlement:
(1) It must be entered into before the
celebration of marriage (2005 Bar);
(2) It must be in writing264— it is valid even if
it is in a private instrument (1991 and 2011
Bar); additionally, it must be in writing to
be enforceable because it is covered by the
Statutes of Frauds;265
^ A rt 75, PCP.
Â rt. 81, ibid.
264Art. 82, ibid.
265Art. 1403. NCC.
Family Code
(3) It must be signed by the parties;266

(4) To affect third persons, it should be
registered in the civil: registry and registry
of property;267 and
(5) It must fix terms and conditions of their
property relations.
a) Additional signatories. — in addition to the
future spouses, the following must sign:
(1) Parents — if the future spouse/s is/are 18
to 21 years (1995 Bar);26*
(2) Guardian— if the future spouse is suffering
from civil interdiction or is disabled.269
b) Effect if marriage does not take place. — the
provisions of the marriage settlement is void.
EXCEPTION: Stipulations that do not depend
upon the celebration of the marriage shall be
valid and shall remain in force (2011 Bar).270This
is void. Example: The acknowledgment of an

illegitimate child is valid even if the marriage
settlement is void271 (2011 Bar).
8.02. DONATIONS BY REASON OF MARRIAGE
(DONATION PROPTER NUPTIASX
8.02.01. Requirements:
(1) It must be made before celebration of marriage;
(2) It must be made in consideration of marriage;272
(3) In favor of one or both future spouses;273and
266Supra._
^ A rt. 83, FCP.
268Art. 78, FCP.
^ A r t 79, ibid.
“ Art. 80, ibid.
271Art. 81, FCP.
“ Art. 82, FCP.
80 REVIEWER ON CIVIL I .AW
(4) It must comply with the formalities of dona

tion.274Exception: Donations of future properties
shall be governed by the law on testamentary
succession and the formalities of a will must be
Complied with.275
8.02.02. Lim it if Property Regime is Other than ACP. The
future spouses cannot donate to each other in the
marriage settlement more than 1 /5 of their present
property if they agree on a property regime that is
NOT absolute community property. Any excess shall
be void.276
a) Mortgaged property can be donated by
reason of marriage. However, the donee
shall not be liable in case of foreclosure,
and there is deficiency. If the proceeds
of the foreclosure sale is more titan the
obligations, then the donee gets the balance
after satisfying the credit.277
8.02.03. Grounds for Revocation of Donation P ropter
N uptias (Art. 86):
(1) if the marriage is not celebrated or judicially
declared void ab initio except donations made
in the marriage settlements, which shall be
governed by Article 81;
(2) When the marriage takes p laceC w itl^ ^ ^ h
consent of the parents or guardian, as required
by law;
(3) When the marriage is annulled, and the donee
acted in bad faith (1996 Bar);
(4) Upon legal separation, the donee being the
guilty spouse;
274Art. 83, FCP.; Spouses Cano v. Spouses Cano, G.R. Nos. 188666 and 190750,
December 14,2017.
275Art. 84, FCP.
276Art. 85, FCP.
m Ibid.
Family Code
(5) If it is with a resolutory condition and the

condition is complied with; or
(6) When the donee has committed an act of
ingratitude as specified by the provisions of the
Civil Code on donations in general.
8.03. DONATION D IC IN G M A ^ A G fcS g ^ e ra lly the
donation or granting a g^tuitoupaâiitege (Example:
granting of usufruct) froftrbne spSGse to the other
spouse (including common law spouses) is VOID
(2011 Bar).271 Exceptions: The following donations
during marriage from one spouse to another are
valid:278279280
(1) Moderate gifts on occasions of family
celebrations (2011 Bar); and
(2) Donations mortis causa.
8.03.01. Sale and Lease Prohibited. The spouses are likewise
prohibited from selling or leasing to each other
PROBLEMS:
1. On the occasion o f C igna's marriage to George, her father gave her
a donation propter riuptias'oi a car. Subsequently, the marriage was
annulled because of the psychological immaturity of George. May
Digna's father revoke the donation and get back the car? Explain.
A: No, Digna's father may not revoke the donation. Article 86, par.
3, provides that a donation by reason of marriage can be annulled
"when the m arriage is annulled, and the donee acted in bad faith."
It does not appear that the donee acted in bad faith in the present
case.
2. TI donated a parcel of land to W, his common-law wife, later, they

married, but soon afterwards H died, survived only by a sister, S
and W. S sued to recover the property donated, but W resisted.
Decide with reasons (1977 Bar).
278Art. 87, FCP.

mIbid.
280Arts: 1490 and 1646, NCC.
A: S can recover o n ly 1 /2 o f the p rop erty d onated that pertains to H .

A rticle 8 7 o f the F am ily C od e p ro v id es th at ev ery d onation o r grant o f
gratuitous ad vantage, direct or ind irect, b etw een the spouses d uring
the m arriage sh all b e void, excep t m od erate gifts w h ich the spouses
m ay give e ach other on the occasio n o f any fam ily rejoicing. The
p roh ibition shall also apply to p erso ns living to gether as hu sban d
and w ife w ith o u t a valid m arriage. In the present case, H m ad e a
d onation to W d uring their com m o n law relationship. H ence, the
pro h ibitio n again st d onation applies to them .
9. SYSTEM OF ABSOLUTE COMMUNITY. — This is the default

property regime of the spouses (1994 Bar).
a) Commencement. The regime commences
at the precise moment the marriage is
celebrated; a stipulation to the contrary
is not allowed (2011 Bar). Example: An
agreement that the system of absolute
community shall apply only one year after
marriage is void.281
b) This regime cannot be changed and the
spouses cannot waive their right during
the marriage. Exception: If there is a
JUDICIAL SEPARATION.282
, c) The New Civil Code provisions on co-
ownership apply suppletorily.283
d) The interest of either spouse in the
community property cannot be conveyed
during the marriage (inter vivos) but may
be conveyed by will (testate succession).284
9.01. PROPERTIES INCLUDED. The community
properties shall consist of all properties owned by
the spouses at the time of the marriage or acquired
thereafter.285 This is true even if the property is
registered in the name of one spouse only (1994 Bar).
281Art. 88, FCP.

282Art. 89, ibid.
283Art. 90, ibid.
284Art. 97, ibid
285Art. 91. ibid.
PERSONS AN D FAMILY RELATIONS 83
Fam ily Code
9 .0 1 .0 1 . Exclusions: These properties are not included in the

community properties (1989 Bar):28S
(1) Property (inclusive of fruits and income thereof)
acquired during the marriage by gratuitous
title, except when the donor, testator or grantor
expressly provides otherwise;
(2) Property acquired before the marriage by either
spouse who has legitimate descendants by a
former marriage; and
(3) Property for personal and exclusive use except
jewelry.
9.02. ADMINISTRATION OF COMMUNITY PROPER
TIES. The spouses shall have JOINT administration
of the community properties including disposition
and encumbrance subject to the following rules:
(1) In case of disagreement, husband's decision
shall prevail.
(2) In case one spouse is incapacitated or unable to
participate in the administration of the common
properties, other spouse may assume sole
powers.
(3) Any Donation is void if without the written
consent of the other spouse.
9 .0 2 .0 1 . Void Disposition. The power to administer in case
of incapacity or if one spouse is unable to participate
does not include the power to dispose or encumber
which must have either court authority or written
consent of the other spouse, otherwise the disposition
or encumbrance is void (2015 Bar).™2 867 The same rule
applies in the case of conjugal partnership of gains
(CPG).288
286Art. 92, supra.

287Art. 96, FCP; Philippine National Bank v. Reyes, G.R. No. 212483, October 5,
2016.
288Art. 124, FCP; Hapitan v. Spouse Lagadrilla, G.R. No. 170004, January 13,2016.
• /
REVIEWER ON CIVIL LAW ■ ' /
/
a) Continuing Offer Rule. Since the transfer
without consent or authority is void,
the same cannot be ratified, however,
the transaction shall be construed as
a continuing offer on the part of the:
consenting spouse and the third person,
and may be perfected as a binding contract
upon the acceptance by the other spouse
or authorization by the court before
the offer is withdrawn by either or both
offerors.289
b) Even if the encumbrance (like mortgage)
is void because of the absence of authority
of the court or consent of the other spouse,
• the loan secured by the mortgage may be
valid under Article 94 (or Article 121 if
the property regime is CPG) of the Family
Code if the loan redounded to the benefit
of the family.290
PROBLEM:
1. Which of the following are chargeable to or form part of the
community property: (a) educational expenses of the spouse, (b)
debts that already exists dining the marriage, (c) lotto winnings,
and (d) horse race bet.
A: (a) The educational expenses shall be chargeable to the
community property because Art. 94 provides that
- expenses to enable either spouse to commence or continue
a professional or vocational course is chargeable to the
community property.
(b) Ante-nuptial debts are chargeable insofar as they have
redounded to the benefit of the family. (Art. 94(7])
(c) Lotto winnings belongs to the community properties. Art. 95
of the Family Code provides that any winnings in any game
of chance or gambling shall form part of the community
property.
289A rt.96,FC P.
290Philippine National Bank v. Reyes, Jr., G .R No. 212483, October 5,2016.
PERSONS AND FAMILY RELATIONS
Family Code
(d) The amount used for horse race bet shall be borne by the
loser— the spouse who made the b et— and is not chargeable
to the community property. Article 95 of the Family Code
provides that "whatever may be lost during the marriage
game of chance, betting, sweepstakes, or any other
f gambling, whether permitted or prohibited by law,
e borne by the loser and shall not be charged to the
m ity but any winnings therefrom shall form part of
nmunity property."
NOTE: The same rules apply w ith respect to winnings
and lbss in any kind of gambling if the property regime is
conjugal partnership of gains as provided for in Art. 117(7)
and A rt. 123 of the Family Code.
9.03. CHARGES UPON THE COMMUNITY

PROPERTIES:291
(1) The support of the spouses, their common
children, and the legitimate children of either
spouse; however/ the support of illegitimate
children shall be governed by the provisions of
this Code on Support;
(2) All debts and obligations contracted during
the marriage by the designated administrator-
spouse for the benefit of the conjugal partner
ship of gains, or by both spouses or by one of
them with the consent of the other;
(3) Debts and obligations contracted by either
spouse without the consent of the other to the
extent that the family may have benefited;
(4) All taxes, liens, charges, and expenses, including
major or minor repairs upon the conjugal
• partnership property;
(5) All taxes and expenses for mere preservation
made during marriage upon the separate
property of either spouse used bv die family;
291A it. 94, FCP.

(6) Expenses to enable either spouse to commence

or complete a professional, vocational, or other
activity for self-improvement;
(7) Ante-nuptial debts of either spouse insofar as
they have redounded to the benefit of the family
(2007 Bar);
(8) The value of what is donated or promised
by fb ^ k spouses in favor of their common
legi|imaxra children for the exclusive purpose
of Comjjtencing or completing a professional
or vocational course or other activity for self-
improvement; and
(9) Expenses of litigation between the spouses
unless the suit is found to be groundless.
a) If the community property is insufficient
to cover the foregoing liabilities the
spouses shall be solidarily liable for
the unpaid balance with their separate
properties.292
b) Charges to Be Advanced by ACP. In case
the separate properties of the guilty or
liable spouse is not enough to answer of
these liabilities, the absolute community
properties shall advance the payments
subject to deduction from the share of
the guilty spouse upon liquidation of the
community:
(1) Ante-nuptial debts of either spouse
that did not redound to the benefit of
the family;
' (2) The support of the illegitimate chil
dren of either spouse; and
^ A rt 94, FCP.
PERSONS AND FAMILY RELATIONS . 87
Family Codis
(3) Liabilities incurred by either spouse

by reason of a crime or a quasi-de
lict.293
9.04. DISSOLUTION OF ABSOLUTE COMMUNITY.
The grounds for dissolution are: (1) Death of either
spouse; (2) Legal Separation; (3) Annulment or
declaration of . nullity of marriage; and (4) Judicial
Separation of Property. (NOTE: The grounds are the
SAME for dissolution of Conjugal Partnership of
Gains.)
a) '"~ Separation in fact is not a ground for dissolution.
( Abandonment by one spouse is not a ground
V for dissolution. However, the spouse who
J . abandoned will not be entitled to support
| and the aggrieved spouse m ay file any of the
| j following: (1) petition for receivership, (2)
judicial separation, (3) petition for authority to
be the sole administrator.294
b) Them -is abandonment if the spouse leaves
wimUut) ihM jyt^ r i^ ^ ^ h i s absence of intent
is^presum ed^ the spouse does not return for
three months.295
10. CONJUGAL PARTNERSHIP OF GAINS. — This

governs only if the same is stipulated in a valid
marriage settlement.
a) N ature. Under -the regime of conjugal
partnership of gains, the husband and
wife 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,
and, upon dissolution of the marriage or of the
partnership, the net gains or benefits obtained
by either or both spouses shall be divided
293Art. 94(9), FCP.

294Art. 101, FCP.
equally between them, unless otherwise agreed

in the marriage settlements.296*
10.01. PROPERTIES INCLUDED IN THE CONJUGAL
PARTNERSHIP P R O P E R T IE S ^ !954 Bar).
(1) Those acquired by onerous! title during the
marriage at the expense o f^ e . common fund,
whether the acquisition be for the partnership,
or for only one of the spouses;
(2) Those obtained from the labor, industry, work or
profession of either or both of the spouses;
(3) The fruits, natural, industrial, or civil, due or
received during the marriage from the common
property, as well as the net fruits from the
exclusive property of each spouse (2011 Bar);
(4) The share of either spouse in the hidden treasure
which the law awards to the finder or owner of
the property where the treasure is found;
(5) Those acquired through occupation such as
fishing or hunting;
(6) Livestock existing upon the dissolution of the
partnership in excess of the number of each kind
brought to the marriage by either spouse; and
(7) Those which are acquired by chance, such
as winnings from gambling or betting (1972
Bar). However, losses therefrom shall be borne
exclusively by the loser-spouse.
10.02. EXCLUSIVE PROPERTY OF EACH SPOUSE:
(1) Property that is brought to the marriage as his/
her own;
(2) Property acquired during the marriage by
gratuitous title (1998 Bar);
296Art.l06,FCP.
397A rt W.'ttrid.
Family Code
(3) Property acquired by right of redemption, barter

or exchange with property belonging to either
spouse; and -
(4) Property purchased with exclusive money of
either spouse.
10.02.01. Rules in Cases of Improvement of Exclusive
Property.298 The ownership of improvements,
whether for utility or adornment, made on the
separate property of the spouses at the expense
of the partnership or through die acts or efforts of
either or both spouses shall pertain to the conjugal
partnership, or to the original owner-spouse, subject
to the following rules:
: (1) Accessory Follows the Principal. When the
cost of the improvement made by the conjugal
partnership and any resulting increase in value
are LESS than die value of the property at title
time of the improvement, said property shall
be retained in ownership by the owner-spouse
subject to reimbursement of the cost of the
improvement.
(2) Reverse Accession. When the cost of the
improvement made by the conjugal partnership
and any resulting increase in value are more
than the value of the property at the time of the
improvement, the entire property of one of the
spouses shall belong to the conjugal partner
ship, subject to reimbursement of the value of
the property of the owner-spouse at the time of
theimprovement-lSOlZ
(3) . When Ownership Transferred. In either case,
tKfe”“ownership of the entire’ property shall be
vested upon the reimbursement, which shall
be made at the time of the liquidation of the
conjugal partnership.299
^ A rt. 150, FCP.

299Munoz, Jr. v. Ramirez, G.R. No. 156125, August 25,2010.
r• :
::
i f 90 ! REVIEWER ON CIVIL LAW
10.02.02. Credit to a spouse prior to marriage. Debt to a

spouse where the term of payment extends after
marriage shall remain the property of the said spouse.
However, the interest shall pertain to the conjugal
partnership.300
10.03. PROPERTY PURCHASED ON INSTALLMENT.
Property bought on installment that is paid partly
from exclusive funds of the spouses and partly form
conjugal funds shall be subject to the following
■ rules:301
(1) If full ownership was vested before the marriage
— it shall belong to the buyer-spouse.
(2) If full ownership was vested during the marriage
— it shall belong to the conjugal partnership.
10.04. CHARGES UPON THE CONJUGAL
PARTNERSHIP.302 The charges are also THE SAME
if the property regime is Absolute Community
enumerated in 9.03 above303 (1964 Bar) except the
following:
(1) All taxes and expenses for mere
preservation made during marriage upon
the separate property of either spouse is
chargeable without die qualification that
applies to Absolute Community Property
that it is used by the family;304
(2) Ante-nuptial debts that do no redound
to the benefit of the family (payment of
personal debts contracted by either spouse
before the marriage, that of fines and
indemnities imposed upon them, as well
as the support of illegitimate children of
either spouse), may be enforced against the
300A rt.ll9 ,E q P .
301Art. 118, ibid.
302A rt 121, ibid.
“ Art. 94, ibid.
304Art. 94(5), ib id :
Family Code
partnership assets after the enumerated

responsibilities have been covered, if
the spouse, who is bound should have
no exclusive property or if it should be
insufficient. There is no such qualification
for Absolute Community Property.305
a) Subsidiary Liability. If the conjugal partnership
is insufficient to cover the foregoing liabilities,
the spouses shall be solidarity liable for the
b) Ante-Nuptial Debt that Redound to the

Benefit of Partnership. The ante-nuptial debt
should redound to the benefit of the conjugal
partnership before it can be chargeable to the
said partnership (2005 Bar).
(1) Civil liability arising from the criminal
liability of slander is not chargeable against
the conjugal partnership because it does
not redound to the benefit of the conjugal
partnership.306
(2) There is a presumption that a surety
agreement entered into by one spouse
to secure the debt of a third person to be
does not redound to the benefit of the
partnership.307
c) Benefit to the Family. Debts and obligations
benefits the family in ihe~following if the
husband himself is the/princip^l dbligpr in the
contract, i.e., hedirectlyrereived them oney and
services to be used in or for his
or his .owpprofession. Here, tyi actua
may/be proveds^t-is^nough tnafcthe^hef
m efa jarenpat the time of the signing
305Arts. 94(9) and Art. 122, FCP.

306Sps. Buado v. Court of Appeals, G.K. No. 145222, April 24; 2009.
^ A y ala Investment and Dev. Corp. v. Court of Appeals, G.R. No. 118305, February
12,1998.
of the contract. Where the husband contracts

obligations on behalf of the family business,
the law presumes, and that such obligation
will redound to the benefit of the conjugal
partnership*308
11. REGIME OF SEPARATION OF PROPERTY. The property
regime of the spouses is separation of property when:
(1) separation is provided for in the marriage settlement, or
(2) upon judicial declaration of separation.
a) Kinds of Judicial Separation. Judicial separa
tion can either be: (1) voluntary, or (2) for cause.
b) Voluntary Judicial Separation. — by joint
This is also effective upon issuance of the decree

of separation by the court.309
c) Separation in Fact. Separation in fact of the
spouses without any judicial decree will not
result in the separation of their properties — the
absolute community or conjugal partnership
as the case may be, remains. However, the
separation in fact has the following effects:310
(1) The spouse who leaves the conjugal home
or refuses to live therein, without just cause,
shall not have the right to be supported;
(2) When the consent of one spouse to any
transaction of the other is required by law,
judicial authorization shall be obtained in a
summary proceeding;
(3) In the absence of sufficient community
property, the separate property of both
spouses shall be solidarity liable for the
support of the family. The spouse present
shall, upon proper petition in a summary
^Philippine National Bank v. Reyes, Jr., G.R. No. 212483, October 5,2016.
309Art. 136, FCP.
310Arts. 110 and 127, FCP.
Family Code
proceeding, be given judicial authority

to administer or encumber any specific
separate property of the other spouse and
use the fruits or proceeds thereof to satisfy
the latter's share.
11.01. GROUND f o r ju d ic ia l s e p a r a t io n o f
PROPERTY FOR CAUSE. Any of die following shall
be considered sufficient cause for judicial separation
of property:311
(1) The spouse of the petitioner has been sentenced
to a penalty which carries with it civil
interdiction;
(2) The spouse of the petitioner has been judicially^
declared an absentee; ^
(3) The loss of parental authority of the spouse of
petitioner has been decreed by the court;
(4) The spouse of the petitioner has abandoned
the latter or failed to comply with his or her
obligations to the family as provided for in
Article 101;
(5) The spouse granted the power of administration
in the marriage settlement has abused that
power; and
(6) At the time of the petition, the spouses have
been separated in fact for at least one year and
reconciliation is highly improbable.
11.02. EFFECTS OF DECREE OF SEPARATION.
(1) The Absolute Community or Conjugal
Partnership shall be liquidated;
(2) Rights previously acquired by creditors should
be respe
(3) Both spouses shall bear the family expenses
in proportion to their income, or, in case of
311Art. 135, ibid.

RFVIFWRR ON CIVIL LAW
insufficiency or default thereof, to the current

market value of their separate propertied; and
(4) The liabilities of the spouses to creditors for
family expenses shall be solidary.
11.03. REVIVAL OF FORM ER PROPERTY REGIME.
The spouses may, in the same proceedings
where separation of property was decreed, FILE
A MOTION in court for a decree reviving the
property regime that existed between them before
the separation of property in any of the following
instances:312
(1) When the civil interdiction terminates;
(2) When the absentee spouse reappears;
(3) When the court, being satisfied that the spouse
granted the power of administration in the
marriage settlements will not again abuse
that power, authorizes the resumption of said
administration;
(4) WhynhreSppuse whprhaslefttho.conjugal home
wimoiuâ agcree !d fjeg ^ r separation resumes
combaonBê wifh the other;' * - - ^
(5) When parental authority is judicially restored to
die spouse previously deprived thereof;
(6) When the spouses who have separated in fact for
: at least one year, reconcile, and resume common
life; or
(7) When after voluntary dissolution of the
absolute community of property or conjugal
partnership has been judicially decreed upon
the joint petition of the spouses, they agree to
the revival of the former property regime. No
- voluntary separation of property may thereafter
be granted.
312Art. 14 :1,FCP.
Family Code
12. PROPERTY RELATIONS BETWEEN COMMON-LAW

SPOUSES.
12.01. CO-OWNERSHIP (Art. 147). The law on co-
ownership applies with respect to the properties
acquired by both through their work or industry in
any of these two cases:
a) The Common-Law Spouses are WITHOUT
IMPEDIMENT — When a man and a woman
who are capacitated to m arry each other, live
exclusively with each other as husband and wife
without the benefit of m arriage; these require the
following elements: 1) the common law spouses
are capacitated to marry each other; (2) they
live exclusively with each other as husband and
wife; and (3) their union is without the benefit
of marriage. The term "capacitated" under
this provision pertains to. the legal capacity of
a party to contract marriage, that is, there is no
impediment to marry313 (1958 Bar).
b) The marriage is void but the spouses are with
out impediment (1992, 2000, 2009, 2010, 2012,
and 2015 Bar). Examples: (1) Article 147 applies
if the marriage is void under Article 36 (psy
chological incapacity) if the spouses suffered no
impediment;314 (2) Article 147 applies to a mar
riage without a marriage license if the spouses
do not suffer from impediment (2010 Bar).
12.01.01, Presumption. In the absence of proof to the contrary,
properties acquired while they lived together shall be
presumed to have been obtained by their joint efforts,
work or industry, and shall be owned by them in
equal shares (1997 Bar). ,
a) Care and Maintenance. A party who did not
participate in the acquisition by the other
party of any property shall be deemed to have
343Barrido v. Nonato, G.R. No. 176492, October 20,2014.

314Salas, Jr. v. Aguila, 706 SCRA 252 (2013).
contributed jointly in the acquisition thereof if

the form er's efforts consisted in the care and
maintenance of the family and of the household
(2016 Bar). ‘ \ 3
12.01.02. D isposition. Neither party can encumber or dispose
by acts inter vivos of his or her share in the property
acquired during cohabitation and owned in common,
without the consent of the other, until after the
termination of their cohabitation.
12.02. FORFEITURE OF SHARE. When only one of the
parties to a void marriageTs in good faith, the share
of the party in bad faith in the co-ownership shall be
forfeited:315
(1) in favor of their common children;
(2) the respective surviving descendants — in
. case of default of or waiver by any or all of
the common children or their descendants;
(3) in the absence of descendants, such share
shall belong to the innocent party. In all
cases, the forfeiture shall take place upon
termination of the cohabitation.
a) Compared to Article 43. It should be noted that
the rules under Article 43 is different from the
rules under Article 147 although they both apply
to void marriage. The difference, however, is
that Article 43 applies only to those marriages
that are void under Article 40 as well as those ,
that are voidable under Article 45. Thus, outside
of those cases, the above-stated rules und^r
Article 147 apply.
(1) Example: A r t i c l e 147 applies to void
marriage under Article 36 (psychological
incapacity).316
315A rt 147, FCR

316Salas, Jr. v. Agiula, 706 SCRA 252 (2013); Ditto v. Dino, G.R. No. 178044, January
19,2011.
Family Code
12.03. CQMMON-LAW SPOUSES WITH IMPEDI-

' . MENTS. In cases of cohabitation of common-law
spouses who suffer from impediment to marriage,
ONLY the properties acquired by both of the patties
through their actual joint contribution of money,
property, or industry shall be owned by them in com
mon in proportion to their respective contributions
(1992,1997,1998,2000,2011, and 2012 Bar).317
a) In the absence of proof to the contrary, their
contributions and corresponding shares are
~ presumed to be equal. The same rule and
presumption shall apply to joint deposits of
money and evidences of credit.
b) If one of the parties is validly married to another,
a his or her share in the co-ownership shall
accrue to the absolute community or conjugal
partnership existing in such valid marriage. If
the party who acted in bad faith is not validly
married to another, his or her share shall be
forfeited in the manner provided in Article 147
(See. 12.02 above).
12.04. CO-OWNERSHIP DISTINGUISHED FROM ACP
AND CPG (1960 Bar).
CO- ABSOLUTE 4 CONJUGAL

OWNERSHIP COMMUNITY PARTNERSHIP OF
PROPERTY GAINS
Created by Created by law. . Created by Law.
law, contract,
succession and
occupancy.
C o - q w n e r s h ip Provide rules on the Provide rules on the
is for common property relations of property irelations
enjoyment of the the spouses. of the spouses.
property.
317Art. 148, FCP; Go-Bangayan v. Bangayan, Jr., G.R. No. 201061, July 3, 2013;
Ventura, Jr. v. Abuda, 708 SCRA 640 (2013).
The co-owner The interest of The interest of

is the absolute the spouse in the the spouse in the
owner his aliquot community property conjugal property
or undivided is inchoate; the is inchoate; the
share. spouse will have spouse will have
real right only with real right only with
respect to what respect to what
he receives after he receives after
liquidation. liquidation.
The co-owner The spouse cannot The spouse cannot
cannot transfer transfer any transfer any
any specific property without property without
property without the consent of the the consent of the
the consent of other, otherwise, the other, otherwise,
the other co transfer is void. the transfer is void.
owners, however,
he can transfer
his undivided
interest.
The co-owner is A spouse cannot A spouse cannot
allowed to waive renounce or waive renounce or waive
or renounce his his or her interest his or her interest of
right. over the community conjugal properties
properties during during marriage.
marriage.
The financial Joint administration Joint administration
majority decides by spouses generally. by spouses
on acts of generally
administration.
Co-ownership ACP may not be CPG may not be
may be dissolved by mere dissolved by mere
terminated by agreement - only agreement - only
agreement of judicial separation is judicial separation
the co-owners allowed. is allowed.
through partition.
Family Code
12.05. PARTNERSHIP DISTINGUISHED FROM CPG.
PARTNERSHIP CONJUGAL PARTNERSHIP

OF GAINS
Created by agreement or Created by Law.
consent of the parties.
There is a separate juridical No juridical personality is
personality. created.
The contract is consensual and It takes effect upon marriage
takes effect upon the meeting of
minds of the parties.
The terms of the partnership are Law provides for terms and
governed by the stipulations of conditions of the CPG.
the parties.
Partnership is created for profit Provide rules on the property
relations of the spouses.
The co-owner is the absolute The interest of the spouse in the
owner his aliquot or undivided conjugal property is inchoate;
share. the spouse will have real right
only with respect to what he re
ceives after liquidation.
The co-owner cannot transfer The spouse cannot transfer any
any specific property without property without the consent
the consent of the other co of the other, otherwise, the
owners, however, he can transfer is void.
transfer his undivided interest.
The co-owner is allowed to A spouse cannot renounce or
waive or renounce his right. waive his or her interest of con
jugal properties during mar
riage.
Mutual agency rule applies. Joint administration by spouses
generally.
The partnership may be CPG may not be dissolved by
voluntarily dissolved by the mere agreement - only judicial
partners. separation is allowed.
PROBLEM:
1. F o r fiv e y e a rs sin ce 1989, Tony, a b a n k V ice P resid en t, an d Su san,
an en tertain er, liv e d to g eth er as h u sb an d an d w ife w ith o u t the
b e n e fit o f m a rria g e alth o u g h th e y w ere cap acitated to m a rry e ach
other. S in ce T o n y 's salary w as m o re th a n e n o u g h fo r th e ir n eed s,
S u san sto p p e d w o rk in g an d m e rely "k e p t h o u se ." D u rin g th a t
p erio d , T ony w a s ab le to b u y a lo t an d h o u se in a p lu sh su bd iv isio n .
H ow ever, a fte r fiv e years, Tony a n d S u sa n d ecid ed to sep arate.
a. W h o w ill b e en titled to th e h o u se and lo t?
b. W ou ld it m ak e any d ifferen ce i f Tony co u ld n o t m a rry S u sa n

b e ca u se h e w a s p rev io u sly m a rried to A lice fro m w h o m h e is
le g a lly sep arated ?
A: a. T ony a n d S u san are en titled to th e h o u se and lo t w ith e ach

o f th e m g e ttin g eq u al shares. S in ce th e y are co m m o n -law sp o u ses
w ith o u t im p e d im e n t to m arry, th e ir p ro p e rty relatio n s is g o v ern ed
b y th e law s o n co -o w n ersh ip . In ad d itio n , u n d e r A rticle 1 4 7 o f tire
F am ily C o d e, w h e n a m a n an d a w o m a n w h o are cap acitated to
m arry e a ch o th e r liv ed ex clu siv e ly w ith e a ch o th e r a s h u sb an d
an d w ife, th e p ro p erty acq u ired d u rin g th e ir coh ab itatio n are
p resu m ed bo h a v e b e e n o b tain ed b y th e ir jo in t effo rts, w o rk o r
in d u stry an d sh a ll b e o w n ed b y th em in e q u a l sh ares. T h e e q u a l
share is m a in ta in e d e v en if th e e ffo rts o f o n e o f th e m co n sisted
m erely in h is o r h e r care and m a in te n a n ce o f th e fa m ily an d o f th e
h o u seh o ld .
b. Yes, it w o u ld m ak e a d ifferen ce. O n ly p ro p e rtie s th a t w ere

acq u ired b y b o th o f th em th ro u g h th e ir actu al jo in t c o n trib u tio n o f
m oney, p ro p e rty o r in d u stry sh all b e o w n ed b y th e m in co m m o n in
p ro p o rtio n to th e ir resp ectiv e con tribu tion s. (Art. 148 o f the F am ily
C ode) S in ce S u sa n d id n o t co n trib u te to th e acq u isitio n o f th e h o u se
and lo t, sh e h a s n o share in th e property.
2. M r. B B m a rried M s. A A in th e y e a r 2003. T h e y h a d th re e child ren,

R, E , an d B. In 2 009, BB d ev elo p ed a ro m an tic relatio n sh ip w ith SB.
In 2011, A A le ft fo r th e U n ited S tates. In F e b ru ary 2012, B B an d SB
liv ed to g e th e r a s h u sb an d an d w ife. A s S B 's fa th e r w as ag ain st the
re latio n sh ip , SB b ro u g h t B B to a n o ffice in P a sig w h ere th e y sig n ed
a p u rp o rted m arriag e con tract. SB, k n o w in g B B 's m arital statu s,
assu red h im th a t th e m arriag e co n tract w o u ld n o t b e registered.
T h e fo llo w in g p ro p erties w ere acq u ired d u rin g th e coh ab itatio n :
(a) 3 7 p arcels o f la n d g iv e n b y B B 's fa th e r as ad v an ce in h eritan ce;
(b) L o t 1 reg istered in the n am e o f " B B an d SB as s p o u se s"; (c) L o t
2 reg istered in th e n am e o f B B m arried to SB ; (d ) L o t 3 reg istered
in th e n am e o f SB m arried to B B ; a n d (d) L o t 4 reg istered in the
n am e o f SB as a sin g le in d iv id u al. Later, B B an d SB sep arated and
th ereafter B B filed a n actio n fo r p a rtitio n o f th e abo v e-referred
Family Code
pro p erties. T h e co u rt gran ted th e p artitio n b u t o rd ered th a t all the

abo v e referred 41 p ro p erties (L ots 1 ,2 , 3 an d 4 an d all the 37) shall
b e d iv id ed b e tw e e n th e m u n d er A rticle 148 o f th e N e w C iv il C ode.
Is the ru lin g correct?
A: N o th e ru lin g o rd e rin g th e d iv isio n o f all th e p ro p erties is n o t

correct. It is tru e th a t A rticle 148 o f the F a m ily C o d e ap p lies in this
case b e cau se M r. B B an d M s. SB liv ed to g e th e r as h u sb an d an d w ife
b u t M r. B B w a s su ffe rin g a n im p e d im e n t at th e tim e h e coh ab ited
w ith M s. SB ; M r. B B w a s still m arried to M s. A A . H en ce, u n d er
A rt. 148 o f the F a m ily C o d e o n ly p ro p erties acq u ired th ro u g h their
actu al jo in t c o n trib u tio n sh all b e p a rt o f th e co -o w n ed p ro p erties.
H en ce, o n ly L o t 1 sh o u ld b e d iv id ed b e tw e e n them . T h e 3 7 lo ts
g iv e n b y M r. B B 's fa th e r an d L o t 2 sh all p e rta in ex clu siv e ly to B B .
L o ts 3 and 4 sh all p e rta in exclu siv ely to S B . T h e fa c t th a t th e titles
o f L o t 2 and L o t 3 co n ta in the w o rd s "m a rrie d t o " is o f n o m o m e n t
b e ca u se th e sam e w o rd s p re ce d in g th e n am e o f a p e rso n is m e rely
d escrip tiv e o f th e civ il statu s o f th e reg istered o w n ers. T h u s, in the
ab sen ce o f p ro o f o f a ctu a l co n trib u tio n fo r e ith e r o r b o th co m m o n
law sp o u ses, th e re c a n b e n o co -o w n ersh ip co n tem p lated u n d er
A rt. 148 o f th e F a m ily C o d e. (G o-B an gayan v. B an gayan , Jr., G.R. N o.
201061, Ju ly 3 ,2 0 1 3 )
13. THE FAMILY. — a basic social institution which public policy

cherishes and protects.
a) Earnest Effort to Compromise. — No suit
between members of the family shall prosper
unless there is an allegation in the verified
complaint or petition that earnest efforts to
13.01 WHAT IS INCLUDED IN FAMILY RELATIONS.

Family relations include relations:
(1) Between husband and wife
(2) Between parents and children
(3) Among ascendants and descendants
(4) Among brothers and sisters whether full or half-
blood
a) Example: A suit between a brother and a
sister-in-law is not a suit between members
of a family, hence, it is not necessary
to show and alleged earnest efforts to

compromise.318
14. FAMILYHOME.lt is the dwelling house and the land where

the spouses or the unmarried head of the family reside together
with their family (1955,1959,1965,1969, and 1989 Bar).
a) Created by Operation of Law. There is no need
to formally constitute a family home extra-
judicially or judicially under the Family Code. A
family home is constituted by operation of law
when all the requisites concur.319
14.01. REQUISITES. To be considered a family home, it is
required that:
(1) It is constituted jointly by the husband and wife
or the unmarried head of the family;
(i) It is deemed constituted from the time of
actual occupation as a family residence;
(2) The house AND the land must be owned by the
person constituting it — either community or
conjugal properties or exclusive property with
the consent of the owner (2011 BarIf20
(3) It must be permanent — it continues and cannot
be partitioned despite death of one or more
spouses or unmarried head of the family for 10
years, or as long as a minor beneficiary lives;
(4) The family must actually reside in the home
(1994 Bar) — thus the house in the Philippines
can no longer be considered a family home if the
family already resides abroad and it is only the
overseer who maintains the family home;321
318Martinez v. Martinez, G.R. No. 162084, June 28,2005.

31901iva-De Mesa v. Acero, Jr., G.R. No. 185064, January 16, 2012; Ramos v.
Pangilinan, G.R. No. 185920, July 20, 2010; Kelly, Jr. v. Planters Products, Inc., (5.R. No.
172263, July 9,2008.
320Art. 156, FCP. :
321Manacop v. Court of Appeals, G.R. No. 97898, August 11,1997.
Family Code
(5) Only one family home can be constituted (1994

Bar);
(6) Its value must not exceed P300,000 for urban
areas and P2Q0,000 for rural areas;322
a) Note that the rule applies to valid and
voidable m arriages and even to common-
law relationships under Articles 147 and
148.
14.02. EXEMPT FROM EXECUTION. The family home is
exempt from execution, forced sale, or attachment.323
a) Real Right. Family home is a real right that
is gratuitous, inalienable, and free from
attachment. A family home is exempt from
execution, forced sale, or attachment.324
b) Improvements. In case of improvement of
the family home, a creditor may cause the
attachment of the family home upon proof
of the following facts: (1) there is an increase
in the actual value of the family home; (2) the
increase resulted from voluntary improvement
on the property introduced by the persons
constituting the family home, its owners or any
of its beneficiaries; and (3) the increased value
exceeded the maximum allowed under Article
157.325
14.02.01. Exceptions: The family home is NOT exempt if the
debt is:
(1) Non-payment of taxes;
(2) Debts incurred prior to constitution;
(3) Debts secured by mortgages before or after
constitution; and
322Art. 157, FCP.

323Fortaleza v. Lapitan, 678 SCRA 469 (2012).
324Art. 157; Eulogio v. Bell, G.R. No. 186322, July 8,2015.
325Art. 160, FC; Eulogio v. Bell, ibid.
REVIEWER ON CIVIL LAW :
(4) Debts due to laborers, mechanics,

architects, builders, material men and
others who have rendered service or
furnished materials for the construction of
the building.
a) Waiver and Laches. The family home's
exemption from execution must be set up and
proved to the Sheriff before the sale of the
property at public auction. The exemption may
be waived or be barred by laches by the failure
to set up and prove the status of the property
as a family home at the time of the levy or a
reasonable time thereafter.3316
14,03. BENEFICIARIES OF THE FAMILY HOME.326327
(D The husband and wife, or an unmarried

person who is the head of a family; and
(2) Their parents, ascendants, descendants,
brothers and sisters, whether the
relationship be legitimate or illegitimate,
who are living in the family home and who
depend upon the head of the family for
legal support: Thus, the children cannot
oppose the partition of the alleged family
home if they do not live in the family home
and do not depend upon die head of the
family for support328 (2014 Bar).
PROBLEMS:
l: M r. C is th e cre d ito r o f sp o u ses M a n d F w h o o b tain ed a fin a l an d
exe cu to ry ju d g m e n t a g a in st th e sa id sp o u ses w h e reb y th e latter
w ere o rd ered to p a y M r. C th e a m o u n t o f P2OO,OQ0. T h e o n ly
p ro p e rty o f th e sp o u ses is th e fa m ily h o m e in M a n ila w h ic h is
b e lie v e d to b e w o rth P 500,000. A ssu m e th a t th e o b lig atio n to M r. C
is n o t o n e o f th e d eb ts w h ere th e fa m ily h o m e is n o t e x e m p t fro m
execu tio n . W h a t is fire rem ed y o f M r. C a g a in st th e fa m ily h o m e?
326OUva-De Mesa v. Acero,Jr., G.R. No. 185064, January 16,2012.

327Art. 154, FCP.
328Patridov. Dario, G.R. No. 170829, November 20,2006.
Family Code
A: M r. C m ay ap p ly to th e co u rt fo r a n o rd er d irectin g the sale o f the

fa m ily h o m e. T h e co u rt shall issu e su c h o rd er if it c on firm s th a t the
v alu e o f the fa m ily h o m e is w o rth P 500,000. U p o n sa le o n e x ecu tio n
an d if th e p ro ce e d s is P 500,000, th e P 300,000 sh a ll b e g iv e n to M and
F w h ile the P 2 0 0 ,0 0 0 sh a ll b e g iv e n to M r. C. I t sh o u ld b e n o te d th at
d u rin g th e e x e c u tio n sale, n o b id sh all b e b e lo w P 300,000 h e n c e M
an d F are assu red th a t th e y w ill g e t th e v a lu e o f th e fa m ily ho m e.
(A rt. 160, l :C P )
2. M arid F co n stitu ted a fa m ily h o m e in M an ila. It is th e ir o n ly

property. T h e y liv e d in th e fam ily h o m e to g e th e r w ith th e ir
ch ild re n A a n d B . M an d F d ied in a n a ccid e n t o n Ju n e 1, 2012. A
n o w w an ts to e x tra ju d icia lly p artitio n th e p ro p e rty co n stitu ted as a
fa m ily h o m e b u t B re fu se d to en te r in to su c h ex traju d icial partition .
C an A in sist on the p artitio n ?
A: N o, th e fa m ily h o m e sh a ll con tin u e d esp ite th e d e a th o f M a n d F.

T h e h eirs can n o t p a rtitio n th e sam e. H o w ev er, M r. A can file a n
a ctio n fo r ju d icia l p a rtitio n a n d th e co u rt c a n g ra n t th e sa m e o n ly if
there is co m p ellin g reaso n . (A r t 159, F C P )
15. PATERNITY AND FILIATION. — Relationship between the

parents and their children.
a) Kinds: (1) By Nature which can be legitimate or
illegitimate; or (2) By Adoption.
b) Proof of Paternity. The status of being legitimate
or illegitimate child of the alleged father pre
supposes that there is paternity between the
father and the child.
(1) Result of DMA is an acceptable evidence to
prove the paternity of a child;329
(2) Certificate of live birth purportedly
identifying the putative father is not
competent evidence of paternity when
there is no showing that the putative father
had a hand in the preparation of said
certificate.330
329Estate of Ong v. Diaz, G.R. No. 171713, December 17,2007.

330Perla v. Baring, et ah, G.R. No. 172471, November 12, 2012; Salas v. Matusalem,
705 SCRA 560 (2013).
15.01. LEGITIMATE CHILDREN. They are children who

are conceived or bom during the valid marriage of
the parents (2011 Bar).331
15.01.01. The following are also legitimate:
(1) Conceived as a result of artificial insemina
tion — the spouses authorized or ratified
the insemination in a written instalment
which they executed and signed before the
birth of the child and recorded before the
Civil Registrar (2006 Barl;332
(2) Born of a voidable marriage before decree
of annulment;
(3) Conceived or bom before judgment of an
nulment or absolute nullity under Article
36 has become final and executory; or
(4) Conceived or bom of subsequent marriage
under Article 53.
a) Declaration of Mother. The child shall be
considered legitimate even if the mother may
have declared against the child's legitimacy or
was sentenced as an adulteress;
b) Legitim acy if M arriage is D efective. The child
is legitimate under the Family Code if he or she
is conceived or born: (i) before annulment of a
voidable marriage;333 (ii) before the annulment
of a marriage declared void under Article
36 for psychological incapacity;334 (iii) those
conceived of a subsequent marriage before
the termination of such subsequent marriage
by filing an affidavit of reappearance under
Article 42. Note that the child is illegitimate
if he or she was conceived or born during a
331Art. 164, FCP.

332Ibid.
333Art. 54, FCP.
334Ibid.
Family Code
marriage that is void under Articles 35, 37, and

38 even if there is still no judgment declaring
the m arriage to be void.
15.01.02. Adopted and Legitimated. The following have the
rights of legitimate children:
(1) Legally adopted;
(2) Legitimated, conceived and bom outside of
wedlock of parents without impediment to
marry at the time of conception but who had
subsequently get married to each other.
15.01.03. Period to Claim Legitimacy.335 A person who claims
:|g
to be a legitimate child of another may file an action
for the declaration of his or her legitimacy.
(1) If to be filed by child himself or herself — The
action to claim legitimacy may be brought by
the child during his or her lifetim e;
(2) If the child dies during his or her minority or
state of insanity, the right to file an action to
claim legitimacy shall be transmitted to the heirs
— the heirs shall have a period of five years
within which to institute the action.
a) Proof of Legitimacy. The filiation of
legitimate children is established by any of
the following (1995 Bar):336
(1) The record of birth appearing in the
civil register or a final judgment; or
(2) An admission of legitimate filiation in
a public document or a private hand
written instrument and signed by the
parent concerned.
a) In the absence of the foregoing
evidence, the legitimate filiation
shall be proved by:
335Art. 173, FCP.

336A rt 177. ihid.
£
REVIEWER (3N CIVIL LAW
(i) The open and continuous

possession of the status of
a legitimate child; or
(ii) Any other means allowed
by the Rules of Court and
special laws.
b) The above-enumerated proof
apply to prove the illegitimacy
of a child under Article 172 of
the Family Code.357 Proof of le
gitimacy under Article 172, or
illegitimacy under Article 175,
should only be raised in a direct
\ and separate action instituted
to prove the filiation of a child.
The above do not contemplate a
situation where a child is alleged
not to be the child of nature or
biological child of a certain cou
ple; it applies where one child is
alleged to be the legitimate child
of a spouse.33738
c) However, a petition to be rec
ognized as an illegitimate child
must be filed during the lifetime
of the putative father339 (2015
Bar).
15.01.04. flights of Legitimate Children (1990 Bar).340
(1) To bear the surnames of the father and the
mother, in conformity with the provisions of the
Q vil Code on Surnames;
(2) To receive support from their parents, their
ascendants, and in proper cases, their brothers
337Zoleta-San Agustin v. Sales, G.R. No. 189289, August 31,2016.

^G eronim o v. Santos, G.R. No. 197099, September 28,2015.
339Art. 174, NCC.
340Art. 174, ibid.
PERSONS AND FAMII .Y RELATIONS 109
Family Code
and sisters, in conformity with the provisions of

this Code on Support; and
(3) To be entitled to the legitime and other
successional rights.
15.02. ILLEGITIMATE CHILDREN: Those conceived
and bom outside a valid marriage are illegitimate.341
They are born out of a void marriage or there was no
15.02.01. Exceptions: Even if a child was bom outside a valid

marriage (in other words the marriage is void), the
child is still considered legitimate in the following
11 cases:
(1) A child born before judicial decree declaring a
marriage void due to psychological incapacity
under Article 36 of the Family Code has become
final and executory;342
(2) A child born of a second marriage that was
contracted after the judgment annulling or
declaring null and void the first marriage but
the partition of property is not yet recorded in
Registry of Property.'"13
15.03. IMPUGNING THE LEGITIMACY OF THE
CHILD.
15.03.01. Who is Allowed to Impugn: The legitimacy of a child
is presumed. Only the husband may impugn (2010
a) Exception: The : heirs may impugn, if the

husband dies before the end of the prescription
of the action, or after filing complaint, or child
was born after death.
D irect Attack: The husband must impugn the
legitimacy in an action filed in court. It cannot
be collaterally questioned.
^lArt. 165, FOP.

Ârt, Si, Undr ,
Îbid.
15.03.02. Grounds to Impugn (1989 Bar).

(1) Physical impossibility of the husband to have
sexual intercourse with his wife within the first
120 days of the 300 days immediately preceding
the child's birth, due to:
(i) physical incapacity of the husband;
(ii) husband and the wife were living
separately; or
(iii) serious illness of the husband which abso
lutely prevented sexual intercourse.
(2) Biological or scientific proof that the child could
not have been that of the husband; and
(3) Written authorization or ratification of either
parent for artificial insemination was obtained j
through mistake, fraud, violence, intimidation \
or undue influence. 1
15.03.03. Prescriptive periods.
(11 If the husband or heir lives in the same
city of municipality where the birth took
place or is recorded — ONE YEAR, from
knowledge of birth or recording in the dvil
register.
(2) If the husband or heir DOES NOT reside
in the same city of municipality where the
birth took place is recorded:
(i) TWO YEARS, if husband or heir who
will impugn resides in the Philip
pines. :■
(ii) THREE YEARS, if the husband or heir
who will impugn resides abroad.
a) W hen Not Applicable. The above prescriptive
periods do not apply in an action to declare void
or to nullify the birth certificate of a child on the
ground that the birth was simulated — that is,
that the child was not in fact the person's child.
PERSONS AND FAMILY RELATIONS HI
Family Code
This is not a case of impugning the legitimacy

of a child but a case of total absence of paternity
and filiation with the spouse.344345This action is
imprescriptible.
15.04. CHILDREN BORN AFTER 300 DAYS FOLLOW
ING THE TERMINATION OF MARRIAGE.
a) Requisites:
(1) The first marriage has been terminated;
(2) The mother contracted subsequent mar
riage; ■•■■■t'r
(3) The subsequent marriage was contracted
within 300 days after termination of
previous marriage; and
(4) A child was bom and there is no evidence
as to status of child.
15.04.01. Rules as to whom the child belongs:
(1) To FIRST marfiaqe .ii a child was bom before
the lapse of 180 days after celebration
of second marriage provided it be bom
within 300 days after termination of the
first marriage (1999 Bar).
(2) To SECOND marriage, if a child was bom
after lSQMays following the celebration of
the second marriage whether bom within
or afterwards.
15.05. LEGITIMATION. — This takes place by
SUBSEQUENT marriage. Legitimated children shall
enjoyjh^ same rights of legitimate children-rctro- )
active ^tq.-the time of birth.3* The marriage Nmusf'
however be valid (2004,2010, and 2011Bar).
315Babiera v. Catotal, G.R. No. 138493, June 15, 2000; Aguilar y. Siasat, G.R. No.
200169, January 28,2015.
345Arts. 178,179, and 180, FCP.
REVIEWER ON CIVIL I.AW
(1) Legitimation involves the act of both

■; parents, that is, by their subsequent
marriage. Hence, legitimation cannot be
made by only one of them.
(2) The conferment of right to the legitimated
child extends even to the relatives of the
spouses. Example: The legitimated child
can be a compulsory heir of the relatives in
r . proper cases.
(3) The legitimation of children who died
before die celebration of the marriage shall
benefit their descendants.346
(4) Legitimation may be impugned only by
those who are prejudiced in their rights,
within five years from the time their cause
of action accrues.347
15.05.01. Requisites of Legitimation.
(1) The child is illegitimate;
(2) The parents at the time of the child's
conception are not disqualified from
marrying each other; and
(3) There is a valid marriage subsequent to the
child's birth.
PROBLEM:
RN and D M , w ith o u t an y im p e d im e n t to m a rry e ach o th e r had
b e e n liv in g to g e th e r w ith o u t b en efit o f c h u rch b lessin g s. T h e ir co m m o n -
le w u n io n re su lte d in th e b irth o f Z M N . T w o y e a rs later, th e y g o t m arried
in a civil cerem ony. C o u ld Z M N be leg itim ated ? R easo n .
A: Z M N w a s alre ad y legitim ated b y th e su b seq u e n t m a rria g e o f R N

a n d D M . A L L th e req u irem en ts fo r leg itim atio n are p resen t. T h e
ch ild , Z M N , w as illeg itim ate; th e p are n ts, R N an d D M , a t th e tim e
o f th e c h ild 's co n cep tio n w e re n o t d isq u alified fro m m a n y in g
e a ch o th e r; an d there is a v alid m arriag e b etw een R N and D M
su b seq u e n t to th e c h ild 's b irth .
346A rt 18L FCP.

Ârt. 182, ibid.
PERSONS AND FAMILY REI.ATIONS 113
Family Code
ADOPTION. Adoption is the establishment of paternity and

filiation through voluntary legal process. Judicial decree is
necessary for adoption.
a) The governing law is the Domestic Adoption
Act of 1998 (R.A. No. 8552).**
b) The relationship that is established extends only
between the adopted child and the adopter. It
does not extend to the relatives. Example: The
adopted child who is not a blood relative is not a
compulsory heir of the relatives of the spouses-
adopters.
c) Adoption cannot be made subject to a collateral
attack.349
16.01. WHO CAN ADOPT.
16.01.01. Filipino Citizen: The adopter must:
(1) be of legal age;
(2) be in a position to support and care for his/
her children in keeping with the means of
the family;
(3) be of good moral character;
(4) be in possession of full civil capacity or
legal rights;
(5) be at least 16 years older than the adoptee,
except when:
(i) adopter is the biological parent of the
adoptee;
(ii) adopter is the spouse of the adoptee's
parent;
(6) hasT not been convicted of any crime
involving moral turpitude; and
^ E x cep t Inter-Country Adoption under R.A. No. 8043; see Note 17 in p. 95.
M9Reyes v. Mauricio, 636 SCRA 79 (2010).
REVIEWER QN CIVIL LAW .
(7) be emotionally and psychologically

capable of caring for children. :
a) Guardian may adopt the ward subject to the
following requisites:
(1) The adoption is made only after the
termination of the guardianship; and
(2) The guardian had already been cleared by
the court of his financial accountabilities as
such guardian.
16.01.02. Alien: The alien adopter must:
(1) have all qualifications of a Filipino
enumerated above (see 15.01.01);
(2) be a citizen of a country that has diplomatic
relations with the Philippines;
(3) have been living in the Philippines for at
least three continuous years prior to the
application for adoption and maintains
such residence until the adoption decree
is entered (2000 and 2003 Bar). Exceptions:
The three-year requirement does not apply
when:
(i) the adopter is a former Filipino citi
zen who seeks to adopt a relative
within the 4th degree of consanguin
ity or affinity;
(ii) one who seeks to adopt the legitimate
or illegitimate child of his/her Filipi
no spouse;
(iii) one who is married to a Filipino citi
zen and seeks to adopt jointly With
his/her spouse a relative within the
4th degree of consanguinity or affin
ity of the Filipino spouse;
(4) be certified to have legal capacity to adopt
by his/her diplomatic or consular office;
: and' / ;
Family Code
(5) be certified by said office that his

government allows the adoptee to enter
his/her country as his/her adopted child.
a) Continuity of Residence. The requirement
that the alien must have been living in the
Philippines for at least three continuous years
is NOT affected by temporary absences for
professional, business, health, or emergency
reasons not exceeding 60 days in one year
which according to the rules do not break the
continuity requirement.350
16.01.03. Foster Parent. R.A. No. 10165 known as the Foster
Care Act of 2012 now allows the placement of a child
with a foster parent (See Note 18 below). A foster
parent may adopt his foster child subject to the
following conditions:351*
(1) The foster parent must have all the qualifica
tions as provided for by R.A. No. 8552, otherwise
known as the Domestic Adoption Act of 1998 or
R.A. No. 8043, otherwise known as the Inter-
Country Adoption Act of 1995, as the case may
be; ; v ;'/t ‘
(2) The trial custody, as required in adoption,
may be waived provided that a harmonious
relationship exists between the child and his
foster parent and family members; and
(3) The procedures for adoption, for purposes of this
Act, shall be governed by Domestic Adoption
Act of 1998 or Inter-Country Adoption Act of
1995, as the case may be.
16.02. ADOPTION BY SPOUSES. The husband and the
q wife MUST JOINTLY adopt (1996, 2000, 2010, 2012,
and 2014 Bar).m
3S0Sec. 3(v), IRR of R.A. No. 8552.

^ S e c . 17, R.A.No. 10165. . . .
x2ln Re: Petition for Adoption of Michelle P. Lim and Michael Jude P. Lim, G.R.
Nos. 168992-93, May 21,2009. ■ .
a) EXCEPTIONS: Joint adoption is not necessary

in the following cases:
1. When one spouse seeks to adopt the
legitimate child of the other (2003 Bar);
2. When one spouse seeks to adopt his/her
own illegitimate child (with the consent of
the other spouse); or
3. When the spouses are legally separated
from each other.
NOTE: The Supreme Court considered as
substantial compliance the fact that an affidavit of
consent of the husband was attached to the Petition.
The High Court declared that the declarations in the
affidavit and his confirmatory testimony in open
court are sufficient to make him a co-petitioner.353
16.03. WHO MAY BE ADOPTED:354
(1) Any person below 18 years of age who has
been administratively declared available
for adoption;
(2) Legitimate stepchild — son/daughter
of one spouse to be adopted by the other
spouse;
(3) Illegitimate son/daughter by a qualified
adopter to improve his/her status to that
of legitimacy;
(4) A person of legal age if prior to the
adoption, he or she has been consistently
considered by the adopter as his/her own
child since minority;
(5) Child whose adoption has been previously
rescinded; or
(6) Child whose biological or adoptive parents
have died, provided that no proceedings
^R epu blic V; Court of Appeals, G.R. No. 92326, January 24,1992.

354Sec. 8, R.A. No. 8552.
Family Code
shall be initiated within six months from

the time of death of said parents.
a) Adults. Based on the foregoing, the general
rule is that only minors can be adopted. The
exceptional cases when adults or persons of
legal age can be adopted are:
(1) Qualified adult, who, prior to the adoption,
has been consistently considered by
the adopter as his/her own child since
minority; ‘
(2) The adoptee is the illegitimate son/
daughter of the adopter; or
(3) Legitimate stepson/ stepdaughter of the
adopter.-
b) Declaration of Availability for Adoption (R.A.
No. 9523). Included in the list of persons who
may be adopted under the Domestic Adoption
Act of 1988 is "any person below 18 years of
age who has been administratively or judicially
declared available for adoption." Section 8 of
R.A. No. 9523 now provides, "the certification
that a child is legally available for adoption shall
be issued bytheDSWD in lieu of a judicial order,
thus making the entire process administrative
in nature."
(1) The certification, shall be, for all intents
and purposes, the primary evidence that
the child is legally available in a domestic
adoption proceeding, as provided in R.A.
NoT8552 and in an inter-country adoption
proceeding, as provided in R.A. No. 8043.
(2) A "Child Legally Available for Adoption"
refers to a child in whose favor a
certification was issued by the DSWD that
he /she is legally available for adoption
after the fact of abandonment or neglect
has been proven through the submission
of pertinent documents, or one who was

voluntarily committed by his / her parent(s)
or legal guardian.355
(i) Child refers to a person below 18
years of age or a person over 18 years
of age but is unable to fully take care
of him /herself or protect himself/
herself from abuse, neglect, cruelty,
exploitation, or discrimination be
cause of physical or mental disability
or condition.356
(ii) Abandoned Child refers to a child
who has no proper parental care or
guardianship, or whose parent(s)
have deserted him /her for a period
of at least three continuous months,
which includes a foundling.357
(iii) Neglected Child refers to a child
whose basic needs have been delib
erately unattended or inadequately
attended within a period of three con
tinuous months. Neglect may occur
in two ways:358
(a) There is physical neglect when
the child is malnourished, ill-
clad, and without proper shel
ter. A child is unattended when
left by himself/herself without
proper provisions and/or with
out proper supervision.359
(b) There is emotional neglect when
the child is maltreated, raped, se
duced, exploited, overworked,
355Sec. 2(5), R.A. No. 9523.

**Ibid.
357Sec. 2(3), ibid.
358Sec. 2(4), ibid.
359Ibid..
Family Code
or made to work under condi

tions not conducive to good
health; or is made to beg in the
streets or public places; or when
children are in moral danger, or
exposed to gambling, prostitu
tion, and other vices.360
(iv) Voluntarily Committed Child is
one whose parent(s) or legal guard
ian knowingly and willingly relin
quished parental authority to the
DSWD or any duly accredited child-
placement or child-caring agency or
institution.361362
16.04. CONSENT. The WRITTEN CONSENT of the follow
ing persons is required in an adoption (2010 Bar):361
(1) The adopted, if 10 years of age or over;
(2) Biological parents, if known, or the legal
guardian, or the proper government
instrumentality that has legal custody of
the child;
(3) The legitim ate/adopted children, 10 years
old or over, of the adopter and adoptee;
(4) The illegitimate children, 10 years old
or over, of the adopter if living with the
adopter and the latter's spouse, if any; and
(5) Spouse of the adopter and adoptee.
a) Reconsideration of Consent. Section 4(a) of
R.A. No. 8552 provides that a period of SIX
MONTHS shall be allowed for the biological
parents to reconsider any decision to relinquish
his or her child for adoption before the decision
becomes irrevocable.
^ S e c . 2(4), R.A. No. 9523.

361Sec. 2(5), ibid.
362Sec. 9, R.A. No. 8552.
120 REVIEWER ON CIVII. LAW
b) Consent of Spouse. This is necessary even

if there is already a petition to dissolve the
marriage while the petition for adoption is
also pending. The pendency of the petition to
dissolve a marriage will not be excused for
- the absence of the consent of the spouse (2000
- Bar).363 ■
16.05. TRIAL CUSTODY; The court supervised trial ;
custody is six months during which the temporary
parental authority is vested in the adopter/s.364
16.06. EFFECTS OF ADOPTION.
a) Legal Ties. The legal ties between the biological
parents and the adoptee is SEVERED and
the same shall be vested in the adopter/s.
Exception: If the biological parent is the spouse
of the adopter
b) Legitimate Child. Adoptee shall be considered
as a legitimate child of the adopter/s for all
intents and purposes.
(1) The adopter assumes the parental authority
over the minor adoptee (1994 Bar).
(2) "Even if emancipation terminates parental
authority, the adoptee is still considered
a legitimate child of the adopter with all
the rights of a legitimate child such as:
(1) to bear the surname of the father and '
the mother; (2) to receive support from
their parents; and (3) to be entitled to the
legitime and other successional rights."365
(3) "Conversely, the adoptive parents shall,
with respect to the adopted child, enjoy all
the benefits to which biological parents are •
363In Re: Petition for Adoption of Michelle P. Lim and Michael Jude P. Lim, G.R.
Nos. 168992-93, May 21,2009.
364Sec. 12, R.A. No. 8552.
365ln Re: Petition for Adoption of Michelle P. Lim and Michael Jude P. Lim, supr£. ■
Family Code
entitled such as support and successional

rights."366
c) Succession. In legal or intestate succession,
the adoptee (or adopted) shall have reciprocal
rights. The adopted shall have the rights of
a legitimate child (See rules in Part HI of this
Book). However, if there is a will, the rules on
testamentary succession shall be followed (1969
.' ' V' Bar). CC
d) Name. The adopted shall be entitled to use the
surname of the adopter. The law also provides
that decree of adoption shall state the name
by which the child is to be known367 thereby
indicating that a new first name may be chosen
for the child.3?8 In addition, a certificate of birth
shall be issued by the Civil Registry attesting
to the fact that the adoptee is the child of the
adopter/s by being registered with his/her
surname.369
(1) The Supreme Court ruled in one case that
an illegitimate child, upon adoption by her
natural father, may use the surname of her
natural mother as her middle name370 (2006
Bar).
e) The adopted shall not automatically obtain the
citizenship of the adopter.371
16.07. RESCISSION OF ADOPTION.
16.07.01. Grounds:
(1) Repeated physical or verbal maltreatment by the
adopter despite having undergone counseling;
m In Re: Petition for Adoption of Michelle P. Lim and Michael Jude P. Lim, supra.
M7Sec. 12, R,A. No. 8552.;
Re: Petition for Adoption of Michelle P. I.im and Michael Jude P. Lim, supra.
369Sec. 14, R.A. No. 8552.
370In the Matter of the Adoption of Stephanie Nathy Astorga Garcia, G .R No.
148311, March 31,2005.
371Ching Sing v. Galang, G.R. No. L-11931, October 27,1958.
(2) Attempt on the life of die adoptee;

(3) Sexual assault or violence; and
(4) Abandonment and failure to comply wi‘
parental obligations (1967 Bar).
16.07.02. Who Can Rescind. Only the adoptee is given th
right to rescind the decree of adoption.
a) The adopter CANNOT rescind the decree ol
adoption. However, the remedy of the adopts
is to disinherit the adoptee in proper cases.
16.07.03. Effects of Rescission:
( 1) Reciprocal rights and obligations of the
adopter(s) and die adoptee to each other shall
be extinguished.
(2)
or legal custody of DSWD shall be restored if
adoptee is still a minor or incapacitated.
(3) The amended certificate of birth of the adoptee
shall be cancelled and its original shall be
restored.
(4) Succession rights shall revert to its status prior1
to the adoption, but vested rights shall not be
affected.
(5) Vested rights should be respected.
PROBLEMS: .
1. ■ A b ra h a m d ie d in testate o n Ja n u a ry 7, 1994, su rv iv ed b y h is son:
B rau lio . A b ra h a m 's o ld er so n C a rlo s d ie d o n F e b ru a ry 14, 1990.
D an ilo w h o cla im s to b e an a d u lte ro u s c h ild o f C a rlo s in terv en es
in th e p ro ceed in g s fo r d ie settle m e n t o f th e e sta te o f A b ra h a m in
re p rese n tatio n o f C arlo s. D a n ilo w as le g a lly ad o p ted p n M arch 17,
1970 by C arlo s w ith th e co n sen t o f th e la tte r 's w ife.
a) U n d e r th e F a m ily C od e, h o w m a y a n illeg itim ate filia tio n b e

p ro v e d ? E xp lain .
b) A s la w y e r fo r D an ilo , d o y o u h a v e .t p p ro v e D a n ilo 's

ille g itim a te filiatio n ? E xp lain.
r . f "
PERSONS ANDFAMILYRELATIONS 123
Family Code
c) C an D an ilo in h e rit fro m A b rah am in rep resen tatio n o f h is

fa th e r C arlo s? E x p la in . ’
A: a) A rticle 175 o f the F a m ily C o d e p ro v id es th a t "ille g itim a te
ch ild ren m a y e sta b lish th e ir ille g itim a te filia tio n in th e sam e
w a y an d o n th e s a m e e v id en ce as le g itim ate c h ild re n ." O n
th e o th e r h a n d , A rtic le 172 p ro v id e s th a t th e filia tio n o f
leg itim ate c h ild re n is estab lish ed b y a n y o f d ie fo llo w in g :
(1) T h e re co rd o f b ir th ap p e arin g in d ie civ il re g iste r o r a
fin al ju d g m e n t; o r (2) A n a d m issio n o f le g itim a te filia tio n
in a p u b lic d o cu m e n t o r a p riv ate h a n d w ritte n in stru m en t
. a n d sig n e d b y th e p a re n t con cern ed . In th e ab sen ce o f th e
fo re g o in g e v id e n ce, th e leg itim ate filia tio n sh a ll b e p ro v ed
b y : (1) T h e o p e n a n d con tin u o u s p o sse ssio n o f d ie sta tu s o f a
le g itim ate ch ild ; o r (2) A n y o th e r m e a n s a llo w e d b y th e R u le s
o f C o u rt and sp e cial law .
b ) : N o . A s th e la w y e r o f D an ilo , I o n ly n e e d to p ro v e th e v alid
ad o p tio n o f D a n ilo . D a n ilo is n o lo n g e r a n illeg itim ate ch ild
after h e w a s ad o p ted . U n d e r A rticle 189[1] o f th e F a m ily
C o d e, fo r civ il p u rp o se s, th e a d o p te d sh a ll b e d ee m e d to b e
a le g itim ate ch ild o f th e ad o p ters a n d b o th sh a ll acq u ire th e
recip ro cal rig h ts a n d o b lig atio n s a risin g fro m th e relatio n sh ip
o f p a re n t a n d child , in c lu d in g th e rig h t o f th e a d o p ted to u se
th e su rn am e o f the ad op ters.
c) N o, h e c a n n o t in h e rit fro m A b ra h a m e ith e r a s a n ad o p ted
‘ ch ild o r as a n ille g itim a te child . T h e a d o p te d is to b e e n titled
to th e leg itim e an d o th er su cce ssio n al rig h ts b u t o n ly fro m
th e ad o p ted . H o w ever, th e filia tio n o f a n ad o p ted e xten d s
o n ly to th e a d o p ter an d n o t to th e a d o p te r 's relativ es. T h e
ad o p ted , D an ilo , d id n o t b e co m e th e le g itim a te g ran d ch ild
o f A b rah am ev en a fte r a d o p tio n . N eith er c a n h e in h e rit a s a n
illeg itim ate c h ild b e ca u se o f the b a r to in h e rit fro m th e rela
tiv es o f th e fa th e r o r m o th er u n d e r A rticle 9 9 2 o f th e N C C .
2. Tess, a fo rm er F ilip in a , n o w a n a tu ra liz e d A m e rica n , a s th e so le
p etitio n er, filed a p etitio n fo r ad o p tio n o f h e r three-y ear-old
n ep h ew , o n e o f th e e le v e n ch ild ren o f h e r d e stitu te siste r in Tondo.
S h e h a d b e e n su p p o rtin g th e ch ild sin ce h is birth/ a n d b e in g
ch ild less, sh e a n d h e r h u sb a n d h a v e co m e to lo v e h im a s th e ir o w n
y son . T h e y are b o th w ell-em p lo y ed in th e U nited S tates. If y o u w ere
th e ju d g e, w ill yo u g ra n t th e ad o p tio n ? E xplain.
A: N o , I w ill n o t g ra n t th e ad o p tio n . S e ctio n 7 o f th e D o m e stic

A d o p tio n A ct o f 1998 p ro v id es th at the h u sb a n d a n d w ife sh a ll
jo in tly ad o p t. H en ce, T ess and G a ry sh o u ld h a v e jo in tly file d th e
P e titio n to a d o p t th e n e p h e w o f Tess. A lth o u g h th e re are e xcep tio n s
to th is ru le u n d e r S e ctio n 7, it d o es n o t a p p e a r th a t th e p re s e n t case
fa lls u n d e r o n e o f th e excep tio n s.
17. INTER-COUNTRY ADOPTION ACT OF 1995 (R.A. No. 8043).]

17.01. DEFINITION OF INTER-COUNTRY ADOPTIONS
The sociodegal process of adopting a Filipino child by
a foreigner or a Filipino citizen permanently residing
abroad where the petition is filed, the supervised trial
custody is undertaken, and the decree of adoption is
issued outside the Philippines.372 ]
17.02. WHO MAY BE ADOPTED. j
(1) Only a "Legally-free child" may be the subject
of inter-country adoption. "Legally-free Child'!
— a child who has been voluntarily or involi
untarily committed to the DSWD of the Philip!
pines, in accordance with the Child and Youth
Welfare Code.373
(2) No child shall be matched to a foreign adoptive
family unless it is satisfactorily shown that the
child cannot be adopted locally. ’
17.03. WHO MAY ADOPT. Any alien or Filipino cili/en
permanently residing abroad may file an application
for inter-country adoption of a Filipino child if h e/
she: 1
(1) is at least 27 years of age and at least 16 years,
older than the child to.be adopted, at the time of
the applicationunless the adopter is the paionl
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 t
the appropriate counseling from an accredited!
counselor in h is/h er counby; j
3?
372S e c 3(a), R.A. No. 8043.
373S e c 3(f), R.A. No. 8043.
PKRSONS AND FAMILY RELATIONS 125
Family Code
. (4) has not been convicted of a crime involving

moral turpitude; ,
(5) is eligible to adopt under h is/h er 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 a Child, and to
abide by the rules and regulations issued to
implement the Inter-Country Adoption Act;
(8) comes from a country with whom the Philip
pines has diplomatic relations and whose
government maintains a similarly authorized
and accredited agency and that adoption is
allowed under his /h er national laws; or
(9) possesses all the qualifications and none of
the disqualifications under the Inter-Country
Adoption Act and other applicable Philippine
laws. ■ . ■ . .•
17.04. TRIAL CUSTODY. The period of trial custody is six
months from the time of placement.
a) Start of Trial Custody. The six-month trial
custody starts upon actual physical transfer
of the child to the applicant who, as actual
custodian, shall exercise substitute parental
authority over the person of the child.
18. FOSTER CARE. Foster Care refers to the provision of
planned temporary substitute parental care to a child by a
foster parent.374A child may be placed in foster care only upon
issuance of a Foster Placement Authority. The child is placed
under foster care with a duly licensed foster parent. The State
374Sec. 3(f), R;A. No. 10165.

recognizes that a child will benefit more from foster care than'
institutional care.*376879
(1) Foster Child refers to a child placed under foster
care.376 7
(2) Foster Family Gate License refers to the?*
document issued by the DSWD authorizing the
foster parent to provide foster care.377
(3) Foster Parent refers to a person, duly licensed by
the DSWD, to provide foster care.378
(4) Foster Placement Authority (FPA) refers to the •
document issued by the DSWD authorizing the
placement of a particular child with the foster,;
18.01. WHO MAY BE PLACED UNDER FOSTER CARE.

The following may be placed in foster care:380
(1) A child who is abandoned, surrendered,
neglected, dependent or orphaned; <
(2) A child who is a victim of sexual, physical, o r'
. any other form of abuse or exploitation (and ,
who has no family willing and capable of caring
and providing for him);
(3) A child with special needs (and who has no
family willing and capable bf caring and
providing for him);
(4) A child whose family members are temporarily
or permanently unable or unwilling to provide
the child with adequate care;
(5) A child awaiting adoptive placement and who
would have to be prepared for family life;
3*Sec. 2, R.A. No. 10165. :

376Sec. 3(g), ibid.
377Sec.3(h), ibid. '
378Sec. 3(i), R.A. No. 10165.
Îbid.
380Sec. 4, ibid.
Family Code
(6) A child who needs long-term care and close

family ties but who cannot be placed for domes-
; tic adoption (and who has no family willing and
capable of caring and providing for him);
(8) A child who is under socially difficult circum

stances such as, but not limited to, a street child,
a child in armed conflict or a victim of child la
bor or trafficking (and who has no family willing
and capable of caring and providing for him);
(9) A child who committed a minor offense but is
released bn recognizance, or who is in custody
supervision or whose case is dismissed; and
(10) A child who is in need of special protection as
assessed by a social worker, an agency or the
DSWD (and who has no family willing and
capable of caring and providing for him).
a) A child being referred to is a person below
18 years of age, or one who is over 18 but
is unable to fully take care of or protect
oneself - from abuse, neglect, cruelty,
exploitation or discrimination because of a
physical or mental disability or condition.
19. SUPPORT. It is everything indispensable for sustenance,

dwelling, clothing, medical attendance, education and
transportation in keeping with the financial capacity of the
a) Education includes schooling or training for

some profession, trade or vocation, even beyond
the majority age.381382
b) Support is demandable at any time but shall
not be paid except from the date of judicial or
extrajudicial demand.
381Art. 194, FCP.

S e c o n d par., Art. 194, FCP.
c) Support can be given either by: (1) giving of

fixed allowance, or (2) unless there is moral or
legal obstacle, by receiving and maintaining the
recipient in the family dwelling.383
19.01. KINDS.
. (1) Legal support is that which is required or given
by law; .
(2) Judicial support which is required by the court
to be given whether pendente lite or in a final
judgment;
(3) Conventional support given by agreement or by
■' Will.
19.02. CHARACTERISTICS.
(1) Personal — this is due to or from persons
specified by law only; the right as well as tire
obligation to support cannot be transferred.
(2) Not subject to waiver or compensation —-
thus it cannot be the subject of compromise
agreement;384
(3) Exempt from attachment or execution;385
(i) EXCEPTION: If thesupportisconventional
and the amount Ls in excess of what is
required for legal support, then the excess
shall be subject to levy or attachment;386
(4) Mutual and Reciprocal on the part of those who
are by law bound to support each other; and
(5) Variable —: support shall be in proportion to
the resources or means of the giver and to the
necessities of the recipient and m ay accordingly
be reduced or increased.387
383Art. 204, FCP. v:

384Art. 2035, NCC; De Asis v. Court of Appeals, 303 SC R A 176.
385Art. 205, FCR ,
386Art. 208, ibid.
^ A rt. 202, NCC.
PER SO N S A N D FA M ILY RELA TIO N S 129
F am ily C ode
19.03. PERSONS OBLIGED TQ SUPPORT EACH OTHER

(2011 Bar).
(1) Spouses;
(2) Legitimate ascendants and descendants;
(3) Parents and their legitimate children and
the legitimate and illegitimate children of
th e !
(4) Parents and their illegitimate children and
the legitimate and illegitimate children of
the latter; and
(5) Legitimate brothers and sisters whether
full or half-blood.
a) Notes: '
(1) Parents-in-law are NOT obliged to support
their daughter-in-law.388
(2) An unborn child is entitled to support
under Article 40 of the New Civil Code.389
(3) A child can still ask for support for his
or her education even beyond majority
age. The right is not lost if the children
previously squandered the money
previously given to them (2010 Bar).
19.04. ORDER OF LIABILITY. If there is concurrence of
several persons who are obliged to give support,
support should be given in the following order (1958
and 1967 Bar):390
(1) Spouse;
(2) Descendants in the nearest degree;
(3) Ascendants in the nearest degree;
(4) Brothers and sisters.
388Spouses Limv. Lim, G.R. No. 163209, October 30,2009.

^Quimiguing v. Icao, 34 SCRA132.
390Art. 199, FCP. V
a) Concurrence of Two or More Persons of

the Same Level. When the obligation to
give support falls upon two or more persons
( Example: two or more descendants of the
same degree), the payment shall be divided
between them in proportion to the resources
of each, but in case of urgent need and special
circumstances, the court may order one of them
to furnish the support provisionally subject to
the right to claim from the other obligors the
share due them.391
b) Two or More Recipients. When two or more
recipients at the same time claim for support
and the obligor does not have sufficient means
to satisfy all claims:392
(1) the order of liability provided by law shall
be followed;
(2) if the concurrent obligees should be the
spouse and child subject to parental
authority, the child shall be preferred.
c) Unacknowledged Illegitim ate Child. To be
entitled to legal support, the petitioner-mother
must, in proper action, first establish the
filiation of the child, if the same is not admitted
or acknowledged. The child's remedy is to file
through her mother a judicial action against the
father for compulsory recognition. If filiation is
beyond question, support follows as m atter of
obligation. In short, illegitimate children are
entitled to support and successional rights but
their filiation must be duly proved.393
(1) The mother's remedy is to file for the
benefit of her child an action against the
father for compulsory recognition in order
391Art. 200, supra.

^ Ibid .
393Dolina v. Vallecera, G.R. No. 182367, December 15,2010.
Family Code
to establish filiation and then demand

support. Alternatively, she may directly file
an action for support, where the issue of
compulsory recognition may be integrated
and resolved.394
19.05. WHEN OBLIGATION TO SUPPORT CEASES
(1953 Bar).
(1) Death of either party - the person who will
support and who is entitled to support;
and
(2) In the case of a spouse, upon legal
separation or annulment of marriage.
PARENTAL AUTHORITY. This is the right and duty of the

parents over unemancipated children.
a) Non-transferrable. Parental authority is not
transferrable, waived or renounced except when
the law authorizes the same.
b) Unemancipated minors are those who are
minors or below 18 years. The only ground for
emancipation is attaining the age of majority.
20.01. WHO WILL EXERCISE. The father and the mother
shall JOINTLY exercise parental authority over
the persons of their common children. In case of
disagreement, the father's decision shall prevail
unless there is a judicial order to the contrary.395
a) In case one of the parents die, the parent present
— even if he or she remarries — shall continue
exercising parental authority over the child.396
b) If the child is illegitimate, parental authority is
with the mother unless she is declared unfit in a
proper action397 (2009 and 2010 Bar).
394Dolina v. Vallecera, supra.

395Art. 211, FCP.
396Art. 212, ibid.
397Art. 176; Grande v. Antonio, G.R. No. 206248, February 18,2014.
20.01.01. Parental preference rule — the natural parents,

who are of good character and who can reasonably
provide for the child are ordinarily entitled to custody
as against all persons.
a) Custody. The matter of custody is not permanent
and can always be re-examined and adjusted.
The welfare and interest of the minor child is the
primary consideration. Judgment involving the
custody of a minor child cannot be accorded the
force and effect of res judicata.398
20.01.02. Rule in case of legal separation of parents. Parental
authority is to be awarded by the court taking in mind
the welfare and interest of the child.
a) Children of Tender Age. No child under seven
years of age shall be separated from the mother
(2006 Bar).
(1) EXCEPTION: Even if the child is of tender
age, the child can be separated from the
mother when the court finds compelling
reason to order otherwise. Examples: (i)
The mother was already in a common
law relationship;399 (ii) If the mother left
the child with the father for a long period
of time and prejudice might result to the
child if he or she will be separated from the
father.400 NOTE: The fact that the mother
is a lesbian is not by itself a compelling
reason to order the separation of the seven-
year-old child from the mother.401
(2) Right to Visit. The fact that parental
authority is given to the mother does not
mean that the father has no visitation rights.
Nothing in Article 213 of the Family Code
398Beckett v. Judge Sarmiento, Jr., A.M. No. RTJ-12-2326, January 30,2013.

^Cervantes v. Fajardo, G.R. No. 79955, January 27,1989.
400Tonog v. Daguimol, G.R. No. 122906, February 7, 2002.
^Gualberto v. Court of Appeals, G.R. No. 156254, June 28,2002.
Family Code
prevents the father from being allowed to

see or visit the child.402
b) Child Over Seven. If a minor child is already
over seven years of age, the child's choice as
to which of his parents he prefers to be under
custody shall be respected unless the parent
chosen proves to be unfit.403
20.02. SUBSTITUTE PARENTAL AUTHORITY. In the
absence of the parents, the following shall exercise
substitute parental authority IN THE ORDER
INDICATED:404
(1) Surviving grandparent;
(2) Oldest brother or sister over 21 years of
age, unless unfit or disqualified;
(3) Actual custodian, over 21 years of age,
unless unfit or disqualified.
a) Foster Child. The foster parent shall have the
rights, duties and liabilities of persons exercising
substitute parental authority, provided for
under the Family Code, over children under
their foster care.405
(1) However, foster parents shall only have
the rights of a person with special parental
authority to discipline the foster child as
defined under Section 233 of the Family
Code, insofar as it prohibits the infliction
of corporal punishment upon the child.406
20.03. SPECIAL PARENTAL AUTHORITY. While the
child is in their supervision, instruction or custody,
the following exercise special parental authority:407
402Salientes v. Abanilla, G.R. No. 162734, August 29,2006.

^Beckett v. Judge Sarmiento, Jr., A.M. No. RTJ-12-2326, January 30,2013.
404Art. 216, FCP.
405Sec. 6, R.A. No. 10165.
406Ibid.
407Art. 218, FCP.
'REVIEWER ON CIVIL LAW
(1) School,
(2) Administrators and teachers, and
(3) Individual, entity or institution engaged in child j
care.
20.04; FOUNDLINGS. As to foundlings, abandoned,;
neglected or abused children and other children j
; similarly situated, parental authority shall be j
entrusted in summary judicial proceedings to
heads of children's homes, orphanages and |
similar institutions duly accredited by the proper j
■; government agency.408 j
20.05. TORT LIABILITY.409 Persons exercising parental i
authority (including the adopter and those exercising
substitute parental authority) are principally and |
solidarily liable for the damages caused by the acts or
omissions of the unemandpated minor. However, the
unemancipated child must live in their company. i
a) With respect to those exercising special parental
authority, their liability is primary while the
• - liability of the parents (or judicial guardian or
those exercising special parental authority) is
subsidiary.
b) Even if the child is emancipated or is already 18,
the parents or guardians are still liable under
Article 2180 of the New Civil Code if the child is
below 21410*(1993 Bar).
c) - The adopter is also liable provided that they
have actual custody even during trial custody.111
20.06. EFFECT OF PARENTAL AUTHORITY ON THE
CHILD'S PROPERTIES. The father and the mother
shall jointly exercise legal guardianship over the
property of the unemancipated common child
408Art. 217, FCP.

409Art. 219, FCP; See Part 14 of this Reviewer.
410Art. 236 as amendedby R.A. No. 6809. :
4uTamayo v. Court of Appeals, 209 SCRA528 (1992).
Family Code
Without the necessity of a court appointment. In case

of disagreement, the father's decision shall prevail,
unless there is a judicial order to the contrary.412
a) Note that the parents' authority is only for acts
of administration and does not include acts
of ownership. A father or mother, as natural
guardian of the minor Under parental authority,
does not have the power to dispose or encumber
the property of the latter. Such power is granted
by law only to a judicial guardian of the ward's
property and even- then pnly^ m th ^ rou rt's
prior approval secured in accordance with the
proceedings set forth by the Rules of Court.413
20,06.01. Bond. Where the market value of die property or the
annual income of the child exceeds P50,000, the parent
concerned shall be required to furnish a bond in such
amount as the court may determine, but not less than
ten per centum (10%) of die value of the property or
annual income, to guarantee die performance of the
a) Bond in Insurance. "In the absence of a judicial

guardian, die father, or in the latter's absence or
incapacity, the mother, of any minor, who is an
insured or a beneficiary under a contract of life,
health, or accident insurance, may exercise, in
behalf of said minor, any right under the policy,
without necessity of court authority or the
giving of a bond, where the interest of the minor
in the particular act involved does not exceed
Five hundred thousand pesos (P500,000)."414
(1) The right may be exercised without a
bond included, but shall not be limited to,
obtaining a policy loan, surrendering the
policy, receiving the proceeds of the Policy,
412Art. 225, FCP.

413Neri v. Heirs of Hadji Yusop Uy and Julpha IbrahimUy, 683 SCRA553 (2012).
414Sec. 182, Insurance Code of the Philippines as amended by R.A. No. 10607.
- and giving the m inor's consent to any

transaction on the policy.415
(2) "In the absence or in case of the incapacity
of the father or mother, the grandparent, the
eldest brother or sister at least eighteen (18)
years of age, or any relative who has actual •
custody of the minor insured or beneficiary,
shall act as a guardian without heed of a
court order or judicial appointment as such
guardian, as long as such person is not
otherwise disqualified or incapacitated.
Payment made by the insurer pursuant
to this section shall relieve such insurer of
any liability under the contract."416
20 06.02. Property Acquired by Child Through Industry or
Work or by Onerous or Gratuitous Title.417 — These
shall belong to the child in ownership and shall
be devoted exclusively to the latter's support and
education. The right of the parents over the fruits
and income of the child's property shall be limited
primarily to the child's support and secondarily to
the collective daily needs of the family.
20.07. SUSPENSION OF PARENTAL AUTHORITY.418
20.07.01. When suspended. Parental authority is suspended
upon conviction of die parent or the person exercising
the same of a crime which carries with it the penalty
of civil interdiction.
a) W hen reinstated. The authority is automatically
reinstated upon service of the penalty or upon
pardon or amnesty of the offender.419
20.07.02. Suspended upon Court Order. Parental authority
may also be suspended upon order of the court in an
415Sec. 182, Insurance Code of the Philppines, as amendedby R.A. 10607.

416Sec 182, ibid.
417Art. 226, FOR
418Art. 229, ibid.
419Art. 230, ibid.
PER SO N S A N D FA M ILY RELA TIO N S 137
Fam ily C ode
action filed for the purpose if the parent or the person

exercising the same:420
(1) Treats the child with excessive harshness or
cruelty;
(2) Gives the child corrupting orders, counsel or
example;
(3) Compels the child to beg; or
(4) Subjects the child or allows him to be subjected
to acts of lasciviousness.
20.08. TERMINATION OF PARENTAL AUTHORITY.
20.08.01. Permanent Termination:42'
(1) Upon tine death of the parents;
(2) Upon the death of the child;
(3) Upon emancipation of the child.
20.08.02. Terminated Unless Revived by Final Judgment:422
(1) Upon adoption of the child;
(2) Upon appointment of a general guardian;
(3) Upon judicial declaration of abandonment of
tire child in a case filed for the purpose;
(4) Upon final judgment of a competent court
divesting the party concerned of parental
authority; or
(5) Upon judicial declaration of absence or
incapacity of the person exercising parental
authority.. ■
420Art. 231, FCP.

421Art. 228, ibid.
422Art. 229. ibid.
138 f REVIEWER ON CIVIL; LAW 3
E. OTHER CONCEPTS UNDER THE NCC

AND RELATED LAWS
1. FUNERALS . The persons who have the duty and right to make
arrangement in funerals shall be determined in accordance j
with the order established for support. It must be in keeping;
with the social position of the deceased.423
(1) The funeral shall be in accordance with the ,
expressed wishes of the deceased. '
(2) In the absence of the expressed wishes,
his religious beliefs or affiliation shall be
observed.
(3) In case of doubt, the persons given the
right and duty to make arrangement shall
decide.
a) The right to make funeral arrangement. The
law gives the right and duty to make funeral
arrangements to the surviving legal wife and I
other members of the family (in accordance
with tire order established for support) to the
exclusion of the common law wife. The fact that
the wife lives separately with husband does j
not remove this right; the legal wife's absence
cannot be construed as a waiver of the right.
Hence, if the deceased husband was buried at i
the instance of the common law wife, the legal
wife can ask the court to have his remains
exhumed and transferred to the cemetery of her
(legal wife's) choice.'1*4
b) While the wishes of the deceases is to be
respected, the same refers to die form of
funeral rights. In addition any wishes should
be established in some form of testamentary
disposition. Moreover, the wishes of the
deceased is subject to those charged with those ;
‘“Arts. 305 and 306, NCC.

^Valino v. Adriano, G.R: No. 182894, April 22, 2014 citing Art. 305, .New Civil
Code in relation to Art. 119, Family Code and Sec. 1103, Revised Administrative Code.
FFTRSONS A N D FA M II ,Y RELA TIO N S 139
O th er C on cep ts U n d er th e N C C and R elated Law s
1.01. DAMAGES. Any person who allo^s^ disrespect for

the dead or wrongfully interferes'with the funeral
shed1 be liable to the family of the deceased for
damages.426
2 NAME AND SURNAME. "For all practical and legal purposes,
a man's name is the designation by which he is known and
called in the community in which he lives and is best known.
It is defined as the word or combination of words by which
a person is distinguished from other individuals and, also, as
the label or appellation which he bears for the convenience of
the world at large addressing him, or in speaking of or dealing
with him. It is both of personal as well as public interest that
every person must have a name."427
a) Parts of the Name of an Individual: "(1) the
given or proper name and (2) the surname
or family name. The given or proper name is
that which is given to the individual at birth
or at baptism, to distinguish him from other
individuals. The surname or family name is that
which identifies the family to which he belongs
and is continued from parent to child. The given
name may be freely selected by the parents for
the child, but the surname to which the child is
entitled is fixed by law."428
(1) There is no law regulating the use of a
middle name. Article 176(111 of the Fam ily;
Code, as amended by Republic Act No.
9255, is silent as to what middle name a
child may use. The middle name or the
m other's surname is only considered in
Article 375(1), quoted above, in case there
m Swpra.
Ârt. 309, NCC.
a 7 ln the matter of the adoption of Stephanie Nalhy Astorga Garda, G.R. No.
148311, March 31,2005.
mIbid.
is identity of names and surnames between

ascendants and descendants, in which case,
the middle name or the m other's surname
shall be added.429
b) Once the name and surname is fixed, the same
cannot be changed without judicial authority.
Generally, no person can use different names
and surnames other than those specified in the
Certificate of Live Birth.430
c) Usurpation, unauthorized, and unlawful use of
a name and surname may make one liable for
damages.431
d) Employment of stage name or pen name is
permitted under the law and the same cannot
be usurped.432
2.01. ADMINISTRATIVE CORRECTION: In case of
clerical errors which can be corrected administratively
by the Civil Registrar with approval of the National
Statistics Office (NSO) under R.A. No. 9048 as
amended by R.A. No. 10172 (See discussion below).
Hence, jurisdiction is no longer with the Courts.
For example, correction of the first name is already
removed from the operation of Rule 103 of the
Revised Rules of Court.433
2.02. SURNAME. The rules on use of surnames are
provided in the table below:
WHO WILL USE WHOSE SURNAME CAN BE USED

THE SURNAME
Legitimate Child Father
Legitimated Child Father
429In the matter of adoption of Stephanie Nathy Astorga Garcia, supra.

430Art. 380, NCC.
431Arts. 377 and 378, ibid.
432Art. 379, ibid.
433Onde v. The Office of the Local Registrar of Las Pinas City, G.R. No. 197174,
September 10,2014.
PERSONS AN D FAMILY RELATIONS 141
Other Concepts U nder the N CC and Related Laws
Illegitimate Child (1) Mother, or

(2) Father — in the following cases:
(1) The filiation has been expressly
recognized by the father through
the record of birth appearing in the
civil register, or
(2) When an admission in a public
document or private handwritten
instrument is made by the father
(R.A. No. 9255)
Children Conceived Father
before Annulment of
Voidable Marriage
Married Women Option on the part of the Woman to:
(1) Use her maiden surname only; or
(2) Use her maiden surname and add her
husband's surname; or
(3) Use her husband's surname only; or
(4) Use her husband's full name but prefix
ing it with "MRS."
a) Illegitim ate Child. The law gives the

illegitimate child the right to decide if he or she
wants to use the surname of his father; the child
is under no compulsion to use the surname of
his illegitimate father. The illegitimate father
cannot compel the use of his surname434 (2009
and 2011 Bar).
b) M arried Women. When the married woman
adopts the surname of her spouse after
marriage, she may not revert to the use of her
maiden name, except in the following cases:
(1) death of husband, (2) divorce, (3) annulment,
or (4) nullity of marriage.435
^Grande v. Antonio, G.R. No. 206248, February 18,2014.

435Sec. 5(d) of R.A. No. 8239; Remo v. The Honorable Secretary of Foreign Affairs,
G.R. No. 169202, March 5, 2010.
2.03. GROUNDS FOR CHANGE OF FIRST NAME 0

NICKNAME (R.A. No. 9048).436
(1) The petitioner finds the first name o
nickname to be ridiculous, tainted wi'
dishonor or extremely difficult to write 6
pronounce.
(2) The new first name or nickname has bee
habitually and continuously used by th (
petitioner and he has been publicly knowri
by that first name or nickname in the
community.
(3) The change will avoid confusion o||
embarrassment.
/
2.04. ANTI-ALIAS LAW. Except as a pseudony
solely for literary, cinema, television, radio or oth
entertainment purposes and in athletic events wher.
the use of pseudonym is a normally accepted practice!
no person shall use any name different from the oni
with which he was registered at birth in the office of
the local civil registry or with which he was baptized
for the first time, or in case of an alien, with which
he was registered in the bureau of immigration upoh
entry; or such substitute name as may have been
authorized by a competent court.437
a) However, there is no violation of the Anti-
Alias Law where the names that were used
contained the true names, albeit at times joined
with an erroneous middle or second name, or a
misspelled family name in one instance and the
; accused not also shown to have used the names
for unscrupulous purposes, or to deceive or
confuse the public, the dismissal of the charge
against him was justified in fact and in law.438
Republic v. Coseteng-Magpayo, G.R. No. 189476, February 2,2011; Chua v.

Republic, G.R. No. 231998, November 20,2017. *
(37Sec. 1, R.A. No. 6085.
“ Limson v. Gonzales, G.R. No. 162205, March 31,2014.
Other Concepts Under the NCC and Related Laws
3. ABSENCE. A person's absence m aybe declared if:

(1) Two years have elapsed without any news
about the absentee or since the receipt of
the last news; or
(2) Five years have elapsed without any news
about the absentee or since the receipt of
the last news in case the absentee has left
a person in charge of the administration of
his property439 (2077 Bar).
3.01. WHO MAY ASK FOR DECLARATION OF
ABSENCE.440
(1) The spouse present;
(2) The heirs instituted in a will, who may
present an authentic copy of the same;
(3) The relatives who may succeed by the law
of intestacy; or
(4) Those who may have over the property of
the absentee some right subordinated to
tike condition of his death.
3.02. EFFECTIVITY. The judicial declaration of absence
shall not take effect until six months after its
publication in a newspaper of general circulation441
(2011 Bar).
4. PRESUMPTION OF DEATH. After an absence of seven years,

it being unknown whether or not the absentee still lives, he
shall be presumed dead for all purposes, except for those of
succession.442
a) The absentee shall NOT be presumed dead for
^ the purpose of opening his succession till after
an absence of 10 years. If he disappeared after
the age of 75 years, an absence of five years shall
439Art. 384, NCC.

“ Art. 385, ibid.
“ Art. 386, ibid.
“ Art. 390, ibid.
be sufficient in order that his succession may be

opened.
4.01. PRESUMED DEAD FOR ALL PURPOSES. The,;
following shall be presumed dead for all purposes, •
including the division of the estate among the heirs
(1991 and 2015 Bar):™
(1) A person on board a vessel lost during a sea
voyage, or an airplane which is missing, w ho;
has not been heard of for FOUR years since the
ioss of the vessel or airplane;
(2) A person in the armed forces who has taken part n
in war, and has been missing for FOUR years;
(3) A person who has been in danger of death under 1
other circumstances and his existence has notj
been known for FOUR years. 4
4.02. EFFECT OF RE-APPEARANCE. If the absentee j
appears, or without appearing his existence
is proved, he shall recover his property in th e ,
condition in Whidi it m ay be found, and the price
of any property that may have been alienated or the :
property acquired therewith; but he cannot claim
either fruits or rents.*444
5. CIVIL REGISTER^ All acts, events, and judicial decrees

concerning the civil status of persons shall be recorded in the
civil register.445 -
5.01. ALTERATION. No entry in the civil register shall be
changed or corrected, without judicial order (1961
Bar).
5.02. EXCEPTIONS. Under Section 1 of R.A. No. 10172
(amending Secs. 1, 2, 5, and 8 of R.A. No. 9048)
the following can be corrected or changed by the
concerned city or municipal civil registrar (C /
MCR) or consul general — clerical or typographical
Ârt. 391, NCC.

444Art. 392, ibid.
445Art. 407, ibid.
Other Concepts Under the NCC and Related Laws
* c errors including such errors in (1) the first name or

nickname, (2) change of the day and month in the
date of birth or (3) change in the sex of a person
where it is patently clear that there was a clerical or
typographical error or mistake in the entry. Example:
Change of name from "Ronald" to "Kris-Anne" and
"M ale" to "Fem ale" to conform to the real name and
sex of the petitioner.446 ;
:, a) The local city or municipM civil registrar or
consul general. has the primary jurisdiction
to entertain the petition (It is NOT the regular
courts). In case of denial, appeal may be made
to the Civil registrar general or an appropriate
t petition may be filed with the proper court.447
5.02.01. W hat are C lerical Errors. These refer to a mistake
committed in the performance of clerical work in
writing, copying, transcribing or typing an entry in
the civil register on the entry of day and month in
the date of birth or the sex of the person, which is
visible to the eyes or obvious to the understanding,
■ and can be corrected or changed only by reference
to other existing record or records. However, no
correction must involve the change of nationality,
age (refers to the correction on the year of birth),
or legitim acy status of the petitioner/docum ent
■ owner.448
; a) A petition for correction of entry cannot be filed
if it has the effect of invalidating a marriage. The
; petition for correction in a marriage contract is
not a substitute for a proper action to nullify a
marriage.449
b) Changes in the citizenship, r legitimacy of
; paternity or filiation, or legitimacy of marriage
^Republic v. De la Vega, G.R. No. 195873, February 23,2015.

4,7Republic v. Sali, G.R. No. 206023, April 3,2017.
^Rule 2.1, Office of the Civil Registrar GeneralAdministrativeOrder No. 1, Series
of2012. ' , . •.
449Republic v. Olaybar, G.R. No. 189538, February 10,2014.
are substantial alterations. Example: Change

from "m arried" to "not m arried."450
5;02.02. Who may file the petition.*1
a) For correction of entry on the day and/or
month in the date of birth: Any person of legal
age, having direct and personal interest in die
correction of a clerical or typographical error in
the day an d /or month in the date of birth of a
person in the civil register for birth, may file the
petition.
(1) A person is considered to have direct and
personal interest when he is the owner of
the record, or the ow ner's spouse, children,
parents, brothers, sisters, grandparents,
guardian, or any other person duly
authorized by law or by the owner of the
document sought to be corrected;
(2) When a person is a minor or physically
■ or mentally incapacitated, the petition
may be filed on his/her behalf by his/her
. C spouse, or any of his/her children, parents,
brothers, sisters, grandparents, guardians,
or persons duly authorized by law.
b) For correction of a clerical or typographical
error in sex: The petitioner affected by such
error shall personally file the petition with the
Civil registry office where the birth certificate is
Ôride v. Local Civil Registrar, G.R. No. 197174, September 10,2014.

G1Hbid.

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, PARTI

: PERSONS AND FAMILY RELATIONS

1. CONCEPT OF LAW AND CIVIL LAW

1L ap itm v. PKlL. Charity Sweepstakes Office, 4 CAR (2 s )'704, cited in M oreno,

1.03. COMMON LAW. It is "the body of judge-made

4Agabiiv Mestizo: 37ie Story o f the Philippine Legal System , p. 126.

1.04. KINDS OF LAWS.

(3) Curative — laws that cure defects of an

supplied by die provisions of the Civil Code.14

^Hereinafter cited as NCC.

Building A ct (R.A. No. 7192); Domestic

15Kubasek, et al., supra, p. 9.

rules;"18 (3) "Contingent rules are those issued by an

“ Republic v. Drugmaker's Laboratories, In c, supra.

3. BASIC RULES REGARDING LAWS.

3.01. EFFECTIVITY OF LAWS. Laws shall take effect

24Ewan McKendrick, Goode on Comm ercial Law, 2010 Ed., p. 21.

that are punitive in nature or are meant to implement

3.02. ... IGNORANCE OF THE: LAW. Ignorance of the law

may be the basis for claiming absence of intent;

37Art. 1390, ibid.; 1996 Bar Exams. ^

(2) When the law makes the act only voidable

(3) When the law makes the act valid but

43Art. 17,3rd paragraph, NCC.

Year 12 Calendar Months — Section 31, Admi­

Month 30 days each month.

Nights Sunset to sunrise

Month designated Actual number of days of the given month.

a) How to Count. In computing a period, the first

3.07. APPLICABLE LAWS.

ACTIVITY OR PERSONS APPLICABLE

This is called the rule

2. Family rights and Foreign National Lex Nationalii — The

3. Crime, public secu­ (i) Filipino Citi­ Philippine Laws

7. Formalities—: forms Filipino or. Foreign Lex Loci Celebrationis

b) W hat law shall govern succession to his estate? (2004 Bar)

b) Pakistani laws apply with respect to succession. Article

While in Afghanistan, a Japanese by the name of Sato sold to

b) W hat law governs the capacity of the Japanese to sell the

c) The laws of the Philippines govern the capadty of Ramondto

4. BO M and ANNE, who are both Filipinocitizens, m et while

A: No. Since Boni is a Filipino citizen, his legal capacity is governed

3.08. RENVOI DOCTRINE. The second paragraph of

of the decedent shall govern. Hence, Philippine laws

they are also precedents that should be applied by

slMiranda v. Imperial, 77 Phil. 1066; 1994 Bar Exams.

a) However, an adjudication on any point within

'^G.G. Sportswear Mfg. Corporation v. World Class Properties, Inc., 614SCRA 75

63Art. 11. NCC.

a) Custom must be proved as a fact, according to

6. WAIVER OF RIGHTS. The GENERAL RULE is that rights

“ Art. 12, ibid.

become a title — legal or equitable —- to the present

1. STANDARD OF CONDUCT. Under Article 19 of the New Civil

b) Articles 19,20, and 21 provide the legal bedrock

72Carpiov,Valinonte,G.R. No. 151866, September 9,2004..............

(2) The mortgagee abused its right when it recov­

^Uypitching v. Quiamco, G.R. No. 146322, December 6,2006.

for assistance sent a letter to the employer

1.02. ACTS CONTRA BONUS MORES. The defendant

^California Clothing, Inc. v. Quinones, G.R. No. 175822, October 23,2013.

(4) In some cases, money advanced to one party

Year 12 Calendar Months — Section 31, Admi

3. Crime, public secu (i) Filipino Citi Philippine Laws

(2) The mortgagee abused its right when it recov

4. THOUGHTLESS EXTRAVAGANCE. Thoughtless extrava

7. MONOPOLIES AND UNFAIR COMPETITION. Unfair compe

1.02. DISTINCTIONS BETWEEN JURIDICAL CAPA