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V. Void and Voidable Marriages

A. Void Marriages
Aguiling-Pangalangan, Chapter II

1. Grounds
a. Grounds under the Family Code
Arts. 4, 35-41, 44 FC
Art. 4. The absence of any of the essential or formal requisites shall render
the marriage void ab initio, except as stated in Article 35(2).
A defect in any of the essential requisites shall render the marriage voidable
as provided in Article 45.
Art. 35. The following marriages shall be void from the beginning:
(1) Those contracted by any party below eighteen years of age even with the
consent of parents or guardians;
(2) Those solemnized by any person not legally authorized to perform
marriages unless such marriages were contracted with either or both parties
believing in good faith that the solemnizing officer had the legal authority to
do so;
(3) Those solemnized without license, except those covered the preceding
Chapter;
(4) Those bigamous or polygamous marriages not failing under Article 41;
(5) Those contracted through mistake of one contracting party as to the
identity of the other; and
(6) Those subsequent marriages that are void under Article 53.
Art. 36. A marriage contracted by any party who, at the time of the
celebration, was psychologically incapacitated to comply with the essential
marital obligations of marriage, shall likewise be void even if such incapacity
becomes manifest only after its solemnization.(As amended by Executive
Order 227)
Art. 37. Marriages between the following are incestuous and void from the
beginning, whether relationship between the parties be legitimate or
illegitimate:
(1) Between ascendants and descendants of any degree; and
(2) Between brothers and sisters, whether of the full or half blood.
Art. 38. The following marriages shall be void from the beginning for reasons
of public policy:
(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;
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(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;
(8) Between adopted children of the same adopter; and
(9) Between parties where one, with the intention to marry the other, killed
that other person's spouse, or his or her own spouse.
Art. 39. The action or defense for the declaration of absolute nullity of a
marriage shall not prescribe.(As amended by Executive Order 227
andRepublic Act No. 8533; The phrase"However, in case of marriage
celebrated before the effectivity of this Code and falling under Article 36,
such action or defense shall prescribe in ten years after this Code shall
taken effect"has been deleted byRepublic Act No. 8533[Approved February
23, 1998]).
Art. 40. The absolute nullity of a previous marriage may be invoked for
purposes of remarriage on the basis solely of a final judgment declaring
such previous marriage void.
Art. 41. A marriage contracted by any person during subsistence of a
previous marriage shall be null and void, unless before the celebration of the
subsequent marriage, the prior spouse had been absent for four consecutive
years and the spouse present has a well-founded belief that the absent
spouse was already dead. In case of disappearance where there is danger
of death under the circumstances set forth in the provisions of Article 391 of
theCivil Code, an absence of only two years shall be sufficient.
For the purpose of contracting the subsequent marriage under the
preceding paragraph the spouse present must institute a summary
proceeding as provided in this Code for the declaration of presumptive
death of the absentee, without prejudice to the effect of reappearance of the
absent spouse.
Art. 44. If both spouses of the subsequent marriage acted in bad faith, said
marriage shall be voidab initioand all donations by reason of marriage and
testamentary dispositions made by one in favor of the other are revoked by
operation of law.

Arts. 390-391, CC
Article 390. 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.
The absentee shall not be presumed dead for the purpose of opening his
succession till after an absence of ten years. If he disappeared after the age
of seventy-five years, an absence of five years shall be sufficient in order
that his succession may be opened.
Article 391. The following shall be presumed dead for all purposes, including
the division of the estate among the heirs:
(1) A person on board a vessel lost during a sea voyage, or an aeroplane
which is missing, who has not been heard of for four years since the loss of
the vessel or aeroplane;
(2) A person in the armed forces who has taken part in war, and has been
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missing for four years;

(3) A person who has been in danger of death under other circumstances
and his existence has not been known for four years.

CASE
Antone v. Beronilla

b. Incestuous Marriages and Marriages Violating Public Policy

Arts. 37-38, FC
Art. 37. Marriages between the following are incestuous and void from the
beginning, whether relationship between the parties be legitimate or
illegitimate:
(1) Between ascendants and descendants of any degree; and
(2) Between brothers and sisters, whether of the full or half blood.
Art. 38. The following marriages shall be void from the beginning for reasons
of public policy:
(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;
(8) Between adopted children of the same adopter; and
(9) Between parties where one, with the intention to marry the other, killed
that other person's spouse, or his or her own spouse.

CASE
Matter of Bautista: In Visa Proceedings

Art. 36 (Annotations in Sempio-Diy, Handbook on FC)

Art. 36. A marriage contracted by any party who, at the time of the celebration,
was psychologically incapacitated to comply with the essential marital obligations
of marriage, shall likewise be void even if such incapacity becomes manifest only
after its solemnization.(As amended by Executive Order 227)

CASES
Republic v. Dagdag
Santos v. Bedia-Santos
Rep. v. CA and Molina
Marcos v. Marcos
Antonio v. Reyes
Republic v. Melgar
Dimayuga-Laurena v. CA
Te v. Te
Ting v. Velez-Ting
Tsoi v. CA
Choa v. Choa

2. Period to file action or raise defense

Art. 39, FC
Art. 39. The action or defense for the declaration of absolute nullity of a marriage
shall not prescribe.(As amended by Executive Order 227 andRepublic Act No.
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8533; The phrase"However, in case of marriage celebrated before the effectivity of

this Code and falling under Article 36, such action or defense shall prescribe in ten
years after this Code shall taken effect"has been deleted byRepublic Act No.
8533[Approved February 23, 1998]).

RA 8533
AN ACT AMENDING TITLE I, CHAPTER 3, ARTICLE 39 OF EXECUTIVE ORDER
NO. 209, OTHERWISE KNOWN AS THE FAMILY CODE OF THE PHILIPPINES,
NULLIFYING THE PRESCRIPTIVE PERIOD FOR ACTION OR DEFENSES
GROUNDED ON PSYCHOLOGICAL INCAPACITY
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled::
Section 1.Title I, Chapter 3, Article 39 of Executive Order No. 209, otherwise
known as the Family Code of the Philippines, is hereby amended to read as
follows:
"TITLE I MARRIAGE
"CHAPTER 3 VOID AND VOIDABLE MARRIAGES
"Art. 39. The action or defense for the declaration of absolute nullity of a marriage
shall not prescribe."
Section 2.Effectivity clause. This Act shall take effect after fifteen (15) days
following its publication in the Official Gazette or in two (2) newspapers of general
circulation.
Approved:February 23, 1998

CASES
Nial v. Baldayog
Ablaza v. Republic of the Philippines

3. Final Judgment declaring the marriage void

CASES
People v. Mendoza
Tolentino v. Paras
Wiegel v. Sempio-Diy
Terre v. Terre
Atienza v. Brillantes
Apiag v. Cantero

4. Effects of Nullity
Arts.43-44, 50-54, FC
Art. 43. The termination of the subsequent marriage referred to in the preceding
Article shall produce the following effects:
(1) The children of the subsequent marriage conceived prior to its termination shall
be considered legitimate;
(2) The absolute community of property or the conjugal partnership, as the case
may be, shall be dissolved and liquidated, but if either spouse contracted said
marriage in bad faith, his or her share of the net profits of the community property
or conjugal partnership property shall be forfeited in favor of the common children
or, if there are none, the children of the guilty spouse by a previous marriage or in
default of children, the innocent spouse;
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(3) Donations by reason of marriage shall remain valid, except that if the donee
contracted the marriage in bad faith, such donations made to said donee are
revoked by operation of law;
(4) The innocent spouse may revoke the designation of the other spouse who
acted in bad faith as beneficiary in any insurance policy, even if such designation
be stipulated as irrevocable; and
(5) The spouse who contracted the subsequent marriage in bad faith shall be
disqualified to inherit from the innocent spouse by testate and intestate
succession.
Art. 44. If both spouses of the subsequent marriage acted in bad faith, said
marriage shall be voidab initioand all donations by reason of marriage and
testamentary dispositions made by one in favor of the other are revoked by
operation of law.
Art. 50. The effects provided for by paragraphs (2), (3), (4) and (5) of Article 43 and
by Article 44 shall also apply in the proper cases to marriages which are declared
ab initio or annulled by final judgment under Articles 40 and 45.
The final judgment in such cases shall provide for the liquidation, partition and
distribution of the properties of the spouses, the custody and support of the
common children, and the delivery of third presumptive legitimes, unless such
matters had been adjudicated in previous judicial proceedings.
All creditors of the spouses as well as of the absolute community or the conjugal
partnership shall be notified of the proceedings for liquidation.
In the partition, the conjugal dwelling and the lot on which it is situated, shall be
adjudicated in accordance with the provisions of Articles 102 and 129.
Art. 51. In said partition, the value of the presumptive legitimes of all common
children, computed as of the date of the final judgment of the trial court, shall be
delivered in cash, property or sound securities, unless the parties, by mutual
agreement judicially approved, had already provided for such matters.
The children or their guardian or the trustee of their property may ask for the
enforcement of the judgment.
The delivery of the presumptive legitimes herein prescribed shall in no way
prejudice the ultimate successional rights of the children accruing upon the death
of either of both of the parents; but the value of the properties already received
under the decree of annulment or absolute nullity shall be considered as advances
on their legitime.
Art. 52. 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
children's presumptive legitimes shall be recorded in the appropriate civil registry
and registries of property; otherwise, the same shall not affect third persons.
Art. 53. Either of the former spouses may marry again after compliance with the
requirements of the immediately preceding Article; otherwise, the subsequent
marriage shall be null and void.
Art. 54. Children conceived or born before the judgment of annulment or absolute
nullity of the marriage under Article 36 has become final and executory shall be
considered legitimate. Children conceived or born of the subsequent marriage
under Article 53 shall likewise be legitimate.

a. Properties
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CASES
Domingo v. CA
Nicdao-Cario v. Yee-Cario

b. Status of Children
Arts. 54, 43 FC
Art. 54. Children conceived or born before the judgment of annulment or
absolute nullity of the marriage under Article 36 has become final and
executory shall be considered legitimate. Children conceived or born of the
subsequent marriage under Article 53 shall likewise be legitimate.
Art. 43. The termination of the subsequent marriage referred to in the
preceding Article shall produce the following effects:
(1) The children of the subsequent marriage conceived prior to its
termination shall be considered legitimate;
(2) The absolute community of property or the conjugal partnership, as the
case may be, shall be dissolved and liquidated, but if either spouse
contracted said marriage in bad faith, his or her share of the net profits of
the community property or conjugal partnership property shall be forfeited in
favor of the common children or, if there are none, the children of the guilty
spouse by a previous marriage or in default of children, the innocent spouse;
(3) Donations by reason of marriage shall remain valid, except that if the
donee contracted the marriage in bad faith, such donations made to said
donee are revoked by operation of law;
(4) The innocent spouse may revoke the designation of the other spouse
who acted in bad faith as beneficiary in any insurance policy, even if such
designation be stipulated as irrevocable; and
(5) The spouse who contracted the subsequent marriage in bad faith shall be
disqualified to inherit from the innocent spouse by testate and intestate
succession.

B. Voidable Marriages
Augiling-Pangalangan, Chapter III
1. Grounds for Annulment
Arts. 45-48, Family Code
Art. 45. A marriage may be annulled for any of the following causes, existing at the
time of the marriage:
(1) That the party in whose behalf it is sought to have the marriage annulled was
eighteen years of age or over but below twenty-one, and the marriage was
solemnized without the consent of the parents, guardian or person having
substitute parental authority over the party, in that order, unless after attaining the
age of twenty-one, such party freely cohabited with the other and both lived
together as husband and wife;
(2) That either party was of unsound mind, unless such party after coming to
reason, freely cohabited with the other as husband and wife;
(3) That the consent of either party was obtained by fraud, unless such party
afterwards, with full knowledge of the facts constituting the fraud, freely cohabited
with the other as husband and wife;
(4) That the consent of either party was obtained by force, intimidation or undue
influence, unless the same having disappeared or ceased, such party thereafter
freely cohabited with the other as husband and wife;
(5) That either party was physically incapable of consummating the marriage with
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the other, and such incapacity continues and appears to be incurable; or

(6) That either party was afflicted with a sexually-transmissible disease found to be
serious and appears to be incurable.
Art. 46. Any of the following circumstances shall constitute fraud referred to in
Number 3 of the preceding Article:
(1) Non-disclosure of a previous conviction by final judgment of the other party of
a crime involving moral turpitude;
(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 sexually transmissible disease, regardless of its nature, existing
at the time of the marriage; or
(4) Concealment of drug addiction, habitual alcoholism or homosexuality or
lesbianism existing at the time of the marriage.
No other misrepresentation or deceit as to character, health, rank, fortune or
chastity shall constitute such fraud as will give grounds for action for the
annulment of marriage.
Art. 47. The action for annulment of marriage must be filed by the following
persons and within the periods indicated herein:
(1) For causes mentioned in number 1 of Article 45 by the party whose parent or
guardian did not give his or her consent, within five years after attaining the age of
twenty-one, or by the parent or guardian or person having legal charge of the
minor, at any time before such party has reached the age of twenty-one;
(2) For causes mentioned in number 2 of Article 45, by the same spouse, who had
no knowledge of the other's insanity; or by any relative or guardian or person
having legal charge of the insane, at any time before the death of either party, or
by the insane spouse during a lucid interval or after regaining sanity;
(3) For causes mentioned in number 3 of Article 45, by the injured party, within five
years after the discovery of the fraud;
(4) For causes mentioned in number 4 of Article 45, by the injured party, within five
years from the time the force, intimidation or undue influence disappeared or
ceased;
(5) For causes mentioned in number 5 and 6 of Article 45, by the injured party,
within five years after the marriage.
Art. 48. In all cases of annulment or declaration of absolute nullity of marriage, the
Court shall order the prosecuting attorney or fiscal assigned to it to appear on
behalf of the State to take steps to prevent collusion between the parties and to
take care that evidence is not fabricated or suppressed.
In the cases referred to in the preceding paragraph, no judgment shall be based
upon a stipulation of facts or confession of judgment.

Art. 344, RPC

Art. 344.Prosecution of the crimes of adultery, concubinage, seduction,
abduction, rape and acts of lasciviousness.
The crimes of adultery and concubinage shall not be prosecuted except upon a
complaint filed by the offended spouse.
The offended party cannot institute criminal prosecution without including both the
guilty parties, if they are both alive, nor, in any case, if he shall have consented or
pardoned the offenders.
The offenses of seduction, abduction, rape or acts of lasciviousness, shall not be
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prosecuted except upon a complaint filed by the offended party or her parents,
grandparents, or guardian, nor, in any case, if the offender has been expressly
pardoned by the above named persons, as the case may be.
In cases of seduction, abduction, acts of lasciviousness and rape, the marriage of
the offender with the offended party shall extinguish the criminal action or remit
the penalty already imposed upon him. The provisions of this paragraph shall also
be applicable to the co-principals, accomplices and accessories after the fact of
the above-mentioned crimes.

PD 612, Sec 11 (Insurance Code)

PD 612 - ORDAINING AND INSTITUTING AN INSURANCE CODE OF THE
PHILIPPINES
Section 11.The insured shall have the right to change the beneficiary he
designated in the policy, unless he has expressly waived this right in said policy.

a. Lack of Parental Consent

CASE
Moe v. Dinkins

b. Insanity
CASES
Katipunan v. Tenorio
Suntay v. Cojuangco-Suntay

c. Consent Obtained by Fraud

CASES
Teves v. COMELEC
Buccat v. Buccat
Aquino v. Delizo
Anaya v. Palaroan

d. Violence Intimidation or Undue Influence

CASE
Ruiz v. Atienza

e. Impotence
CASES
Sarao v. Guevara
Jimenez v. Republic
Tsoi v. CA

f. Having a Sexually Transmissible Disease

2. Marriage When One Spouse is Absent
Art. 41-44, Family Code
Art. 41. A marriage contracted by any person during subsistence of a previous
marriage shall be null and void, unless before the celebration of the subsequent
marriage, the prior spouse had been absent for four consecutive years and the
spouse present has a well-founded belief that the absent spouse was already
dead. In case of disappearance where there is danger of death under the
circumstances set forth in the provisions of Article 391 of theCivil Code, an
absence of only two years shall be sufficient.
For the purpose of contracting the subsequent marriage under the preceding
paragraph the spouse present must institute a summary proceeding as provided in
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this Code for the declaration of presumptive death of the absentee, without
prejudice to the effect of reappearance of the absent spouse.
Art. 42. The subsequent marriage referred to in the preceding Article shall be
automatically terminated by the recording of the affidavit of reappearance of the
absent spouse, unless there is a judgment annulling the previous marriage or
declaring it voidab initio.
A sworn statement of the fact and circumstances of reappearance shall be
recorded in the civil registry of the residence of the parties to the subsequent
marriage at the instance of any interested person, with due notice to the spouses
of the subsequent marriage and without prejudice to the fact of reappearance
being judicially determined in case such fact is disputed.
Art. 43. The termination of the subsequent marriage referred to in the preceding
Article shall produce the following effects:
(1) The children of the subsequent marriage conceived prior to its termination shall
be considered legitimate;
(2) The absolute community of property or the conjugal partnership, as the case
may be, shall be dissolved and liquidated, but if either spouse contracted said
marriage in bad faith, his or her share of the net profits of the community property
or conjugal partnership property shall be forfeited in favor of the common children
or, if there are none, the children of the guilty spouse by a previous marriage or in
default of children, the innocent spouse;
(3) Donations by reason of marriage shall remain valid, except that if the donee
contracted the marriage in bad faith, such donations made to said donee are
revoked by operation of law;
(4) The innocent spouse may revoke the designation of the other spouse who
acted in bad faith as beneficiary in any insurance policy, even if such designation
be stipulated as irrevocable; and
(5) The spouse who contracted the subsequent marriage in bad faith shall be
disqualified to inherit from the innocent spouse by testate and intestate
succession.
Art. 44. If both spouses of the subsequent marriage acted in bad faith, said
marriage shall be voidab initioand all donations by reason of marriage and
testamentary dispositions made by one in favor of the other are revoked by
operation of law.

Art. 349, RPC

Art. 349.Bigamy. The penalty of prision mayor shall be imposed upon any
person who shall contract a second or subsequent marriage before the former
marriage has been legally dissolved, or before the absent spouse has been
declared presumptively dead by means of a judgment rendered in the proper
proceedings.

CASES
Jones v. Hortiguela
SSS v. Jargque
Valdez v. Republic
Republic v. Granada

3. Effects of pending action/decree

Art. 49-54, Family Code
Art. 49. During the pendency of the action and in the absence of adequate
provisions in a written agreement between the spouses, the Court shall provide for
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the support of the spouses and the custody and support of their common children.
The Court shall give paramount consideration to the moral and material welfare of
said children and their choice of the parent with whom they wish to remain as
provided to in Title IX. It shall also provide for appropriate visitation rights of the
other parent.
Art. 50. The effects provided for by paragraphs (2), (3), (4) and (5) of Article 43 and
by Article 44 shall also apply in the proper cases to marriages which are declared
ab initio or annulled by final judgment under Articles 40 and 45.
The final judgment in such cases shall provide for the liquidation, partition and
distribution of the properties of the spouses, the custody and support of the
common children, and the delivery of third presumptive legitimes, unless such
matters had been adjudicated in previous judicial proceedings.
All creditors of the spouses as well as of the absolute community or the conjugal
partnership shall be notified of the proceedings for liquidation.
In the partition, the conjugal dwelling and the lot on which it is situated, shall be
adjudicated in accordance with the provisions of Articles 102 and 129.
Art. 51. In said partition, the value of the presumptive legitimes of all common
children, computed as of the date of the final judgment of the trial court, shall be
delivered in cash, property or sound securities, unless the parties, by mutual
agreement judicially approved, had already provided for such matters.
The children or their guardian or the trustee of their property may ask for the
enforcement of the judgment.
The delivery of the presumptive legitimes herein prescribed shall in no way
prejudice the ultimate successional rights of the children accruing upon the death
of either of both of the parents; but the value of the properties already received
under the decree of annulment or absolute nullity shall be considered as advances
on their legitime.
Art. 52. 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
children's presumptive legitimes shall be recorded in the appropriate civil registry
and registries of property; otherwise, the same shall not affect third persons.
Art. 53. Either of the former spouses may marry again after compliance with the
requirements of the immediately preceding Article; otherwise, the subsequent
marriage shall be null and void.
Art. 54. Children conceived or born before the judgment of annulment or absolute
nullity of the marriage under Article 36 has become final and executory shall be
considered legitimate. Children conceived or born of the subsequent marriage
under Article 53 shall likewise be legitimate.

Art. 369, 371, Civil Code

Article 369. Children conceived before the decree annulling a voidable marriage
shall principally use the surname of the father.
Article 371. In case of annulment of marriage, and the wife is the guilty party, she
shall resume her maiden name and surname. If she is the innocent spouse, she
may resume her maiden name and surname. However, she may choose to
continue employing her former husband's surname, unless:
(1) The court decrees otherwise, or
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(2) She or the former husband is married again to another person.

Sec. 4 Rules on Provisional Orders, A.M. No.02-11-12-SC, March 15,

2003
Section 4.Child Custody.- In determining the right party or person to whom the
custody of the child of the parties may be awarded pending the petition, the court
shall consider the best interests of the child and shall give paramount
consideration to the material and moral welfare of the child.
The court may likewise consider the following factors: (a) the agreement of
the parties; (b) the desire and ability of each parent to foster an open and loving
relationship between the child and the other parent; (c) the child's health, safety,
and welfare; (d) any history of child or spousal abase by the person seeking
custody or who has had any filial relationship with the child, including anyone
courting the parent; (e) the nature and frequency of contact with both parents; (f)
habitual use of alcohol or regulated substances; (g) marital misconduct; (h) the
most suitable physical, emotional, spiritual, psychological and educational
environment; and (i) the preference of the child, if over seven years of age and of
sufficient discernment, unless the parent chosen is unfit.
The court may award provisional custody in the following order of
preference: (1) to both parents jointly; (2) to either parent taking into account all
relevant considerations under the foregoing paragraph, especially the choice of
the child over seven years of age, unless the parent chosen is unfit; (3} to the
surviving grandparent, or if there are several of them, to the grandparent chosen
by the child over seven years of age and of sufficient discernment, unless the
grandparent is unfit or disqualified; (4) to the eldest brother or sister over twentyone years of age, unless he or she is unfit or disqualified; (5) to the child's actual
custodian over twenty-one years of age, unless unfit or disqualified; or (6) to any
other person deemed by the court suitable to provide proper care and guidance
for the child.
The custodian temporarily designated by the" court shall give the court and
the parents five days notice of any plan to change the residence of the child or
take him out of his residence for more than three days provided it does not
prejudice the visitation rights of the parents.

CASE
Yu v. Yu

4. Jurisdiction
Sec 5, Republic Act 8369
Section 5.Jurisdiction offamily Courts.- The Family Courts shall have exclusive
original jurisdiction to hear and decide the following cases:
a) Criminal cases where one or more of the accused is below eighteen (18) years
of age but not less than nine (9) years of age but not less than nine (9) years of age
or where one or more of the victims is a minor at the time of the commission of the
offense: Provided, That if the minor is found guilty, the court shall promulgate
sentence and ascertain any civil liability which the accused may have incurred.
The sentence, however, shall be suspended without need of application pursuant
to Presidential Decree No. 603, otherwise known as the "Child and Youth Welfare
Code";
b) Petitions for guardianship, custody of children, habeas corpus in relation to the
latter;
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c) Petitions for adoption of children and the revocation thereof;

d) Complaints for annulment of marriage, declaration of nullity of marriage and
those relating to marital status and property relations of husband and wife or those
living together under different status and agreements, and petitions for dissolution
of conjugal partnership of gains;
e) Petitions for support and/or acknowledgment;
f) Summary judicial proceedings brought under the provisions of Executive Order
No. 209, otherwise known as the"Family Code of the Philippines";
g) Petitions for declaration of status of children as abandoned, dependent o
neglected children, petitions for voluntary or involuntary commitment of children;
the suspension, termination, or restoration of parental authority and other cases
cognizable under Presidential Decree No. 603, Executive Order No. 56, (Series of
1986), and other related laws;
h) Petitions for the constitution of the family home;
i) Cases against minors cognizable under the Dangerous Drugs Act, as amended;
j) Violations of Republic Act No. 7610, otherwise known as the"Special Protection
of Children Against Child Abuse, Exploitation and Discrimination Act,"as amended
by Republic Act No. 7658; and
k) Cases of domestic violence against:
1) Women - which are acts of gender based violence that results, or are likely
to result in physical,
sexual or psychological harm or suffering to women; and
other forms of physical abuse such as battering or threats and coercion which
violate a woman's personhood, integrity and freedom movement; and
2) Children - which include the commission of all forms of abuse, neglect,
cruelty, exploitation, violence, and discrimination and all other conditions
prejudicial to their development.
If an act constitutes a criminal offense, the accused or batterer shall be subject to
criminal proceedings and the corresponding penalties.
If any question involving any of the above matters should arise as an incident in
any case pending in the regular courts, said incident shall be determined in that
court.

CASE
Tamano v. Ortiz

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