PFR Midterms Lecture 2016

PERSONS AND FAMILY RELATIONS

Elegado vs CA

ART 2 - EFECTIVITY OF LAWS

Article 2. Laws shall take effect after fifteen days

following the completion of their publication in the
Official Gazette, unless it is otherwise provided.
This Code shall take effect one year after such
publication.
Taada vs Tuvera

The phrase Unless it is otherwise provided refers

to the date of effectivity and not with the
publication requirement which cannot be omitted
as public needs to be notified for the law to
become effective.
The necessity for the
publication in the Official Gazette of all
unpublished presidential issuances which are of
general application was affirmed by the court on
April 24, 1985. This is necessary to provide the
general public adequate notice of the various laws
which regulate actions and conduct as citizens.

ART 3 - IGNORANCE OF THE LAW

Article 3. Ignorance of the law excuses no one from

compliance therewith.
Kasilag vs Rodriguez

SC: The possession by the petitioner and his

receipts of the fruits of the land, considered as
integral elements of the contract of antichresis, are
illegal and void agreements, bec. the such contract
is a lien and as such is expressly prohibited by Sec
116 of Act No. 2874, as amended.

The Supreme Court held that Elegados contention

is flimsy. Elegado cannot be serious when he
argues that the first assessment was invalid
because the foreign lawyers who filed the return
on which it was based were not familiar with our
tax laws and procedure. If our own lawyers and
taxpayers cannot claim similar preferences, it
follows that foreigners cannot be any less bound
by laws in our country.

DM Consunji vs CA

Although SC ruled in previous cases that recovery

of damages under the Workers Compensation Act
is a bar to recover under a civil action, the CA ruled
that in this case, the widow had a right to file an
ordinary action for civil actions because she was
not aware and ignorant of her rights and courses of
action. She was not aware of her rights and
remedies. Thus, her election to claim from the
Insurance Fund does not waive her claim from the
petitioner company.

ART 4 RETROACTIVE EFFECTS OF LAW

Article 4. Laws shall have no retroactive effect,

unless the contrary is provided.

Atienza vs Brillantes

Article 40 is applicable to remarriages entered

into after the effectivity of the Family Code on
August 3, 1988 regardless of the date of the
first marriage. Besides, under Article 256 of the
Family Code, said Article is given retroactive
effect insofar as it does not prejudice or impair

The petitioner is deemed a possessor in good faith

despite the fact that the second contract is void.
Gross and inexcusable ignorance of law may not be
the basis of good faith, but possible, excusable
ignorance may be such basis. It is a fact that the
petitioner is not conversant with the laws because
he is not a lawyer.

MARCELO,MN

vested or acquired rights in accordance with

the Civil Code or other laws. This is
particularly true with Article 40, which is a rule
of procedure. Respondent has not shown any
vested right that was impaired by the
application of Article 40 to his case.

PFR Midterms Lecture 2016

Espiritu vs Cipriano

The claim of private respondent that the act is

remedial and may therefore be given retroactive
effect is untenable. A close study of the provisions
discloses that far from being remedial, the statute
affects substantive rights and hence a strict and
prospective construction therefore is in order.
Article 4 of the civil code ordains that law shall
have no retroactive effect unless the contrary is
provided and that where the law is clear. The law
being a temporary measure designed to meet a
temporary situation, it has limited period of
operation as in fact it was so worded in clear and
unequivocal language that no lessor of a dwelling
unit or land shall during the period of one year
from March 31, 1970, increase the monthly rental
agreed upon between the lessor and lessee prior
to the approval of this act.

Aruego vs CA

The meaning of vested and acquired rights under

Art. 256 was not defined by the Family Code,
hence the court will determine it according to
issues submitted to them. The action must be
governed by Art. 285 of the Civil Code and not by
Art. 175 (2) of the Family Code. The present law
cannot be given any retroactive effect since its
application is prejudicial under Art. 285. The
Supreme Court denied the petition and upheld the
court of appeals decision.

ART 5 MANDATORY AND PROHIBITORY LAWS

Article 5. Acts executed against the provisions of

mandatory or prohibitory laws shall be void, except
when the law itself authorizes their validity.

Brehm vs Republic

Brehm, an American wants to adopt the minor

child of his Filipino spouse.
SC: Brehm cannot adopt. The applicable law (Art
335 in connection with Art 338) is a mandatory
law. The law he is relying to, is merely directory
and which can only be given operation if the same
is not in conflict with Art 335.

MARCELO,MN

ART 7 REPEAL OF LAWS

Article 7. Laws are repealed only by subsequent

ones, and their violation or non-observance shall
not be excused by disuse, or custom or practice to
the contrary.
When the court declares a law to be
inconsistent with the Constitution, the former shall
be void and the latter shall govern.
Administrative or executive acts, orders,
and regulations are not valid only when they are
not contrary to the laws of the Constitution

Frivaldo vs COMELEC

Frivaldo garnered the highest number of votes for

the position of Governor of Sorsogon. Raul Lee
came in second place.
Prior to the election, Lee filed a case before the
COMELEC to cancel the COC of Frivaldo on the
ground of lack of citizenship. Lee posits that PD 725
(which grants new right to the petitioner to
reacquire his Filipino citizenship) is repealed by
LOI 270.
SC: LOI 270 which is a memorandum of then Pres.
Aquino cannot even be regarded as a legislative
enactment hence it cannot repeal PD 725. (Memos
cannot repeal laws.)
Even if it were a law, LOI 270 did not categorically
state that it shall repeal PD 725, and as a rule in
StatCon, repeals by implication are not favored.

ART 8 JUDICIAL DECSIONS FORM PART OF THE LEGAL

SYSTEM

Article 8. Judicial decisions applying or interpreting

the laws or the Constitution shall form a part of the
legal system of the Philippines.
DM Consunji vs CA

The Court used/cited the ruling in the case of

Floresca vs Philex Mining in coming up with their
decision. (Stare decisis lang to mga bes.)

PFR Midterms Lecture 2016

ART 9-12 APPLICABILITY OF CUSTOMS

Article 9. No judge or court shall decline to render

judgment by reason of the silence, obscurity or
insufficiency of the laws.

Estanislao vs CA

The spouses period for redemption has lapsed

hence they lost their equitable right of
redemption.

ART 15 NATIONALITY PRINCIPLE

Article 10. In case of doubt in the interpretation

or application of laws, it is presumed that the
lawmaking body intended right and justice to
prevail.
Article 11. Customs which are contrary to law,
public order or public policy shall not be
countenanced.
Article 12. A custom must be proved as a fact,
according to the rules of evidence.

Article 15. 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 living abroad.

*Read with Art 26 (2), Family Code

Bellis vs Bellis
ART 16 TESTAMENTARY SUCCESSION/CONFLICT RULES

Martinez vs Van Buskirk

Carramota case
SC: The driver of the defendant is not negligent for
it has always been a practice to leave horses in the
manner in which they were left at the time of the
accident. This is a custom n all cities. It has not
been productive of accidents or injuries.

In Re: Sycip Salazar, et. al

The Court disallowed the use of the surnames of

the deceased partners for it may cause confusion
to the clients.

Art 13 PERIODS

Article 13. . When the laws speak of years,

months, days or nights, it shall be understood that
years are of three hundred sixty-five days each;
months, of thirty days; days, of twenty-four
hours; and nights from sunset to sunrise.

Article 16. Real property as well as personal

property is subject to the law of the country
where it is stipulated.
However, intestate and testamentary
successions, both with respect to the order of
succession and to the amount of successional
rights and to the intrinsic validity of testamentary
provisions, shall be regulated by the national law
of the person whose succession is under
consideration, whatever may be the nature of the
property and regardless of the country wherein
said property may be found.
Bellis vs Bellis

Aznar vs Christensen Garcia

If months are designated by their name,

they shall be computed by the number of days
which they respectively have.
In computing a period, the first day shall
be excluded, and the last day included.

MARCELO,MN

PFR Midterms Lecture 2016

Art 19 & 21 Abuse of Right

Article 19. 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.
Article 20. Every person who, contrary to law,
wilfully or negligently causes damage to another,
shall indemnify the latter for the same.
Article 21. Any person who wilfully causes loss or
injury to another in manner that is contrary to
morals, good customs or public policy shall
compensate the latter for the damage.

Hermosisima vs CA
Pe vs Pe

UP vs Philab Industries

Arturo Flores vs Spouses Lindo

Concepcion vs CA

People vs Ritter
Nikko Manila Hotel et al vs Roberto Reyes
ART 22 UNJUST ENRICHMENT

Article 22. 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.

Hoy, Nestor! Kabit ka ni. Case

The actions of the private defendant inside the
privacy of Nestors home, in front of his family, left
the latter humiliated and debased. Thus, the
petitioner is liable under Art 26.

Vivares vs St Theresas College

Gashem Shookat Baksh vs CA

Bunag vs CA

Unjust enrichment is a substantive provision of law

which overrides procedural matters.

ART 26 RIGHT TO PRIVACY

Wassmer vs CA

Philab was not able to prove that UP was unjustly

enriched nor was it not entitled to receive the
equipment.

Facts: High school graduating students uploaded

photos in FB wearing undergarments. They were
prohibited by the school to march during their
graduation.
Ruling: The students right to privacy was not
infringed. Right to informational privacy is
something within the individuals control.
(Atty Canlas: Had they wanted to really keep those
photos to themselves, they couldve changed the
setting to only me.)

Article 26. Every person shall respect the dignity,

personality, privacy and peace 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;

HL Carlos Construction vs Marina Properties

SC: The respondent requested for modification

causing the escalation cost hence the petitioner is
entitled to additional payment.
Rationale of Art 22: No one shall be unjustly rich
at the expense of others.

MARCELO,MN

(2) Meddling with or disturbing the private life or

family relations of another;
(3) Intriguing to cause another to be alienated
from his friends;
(4) Vexing or humiliating another on account of
his religious beliefs, lowly station in life, place of
birth, physical defect, or other personal condition.

PFR Midterms Lecture 2016

ART 31 et seq INDEPENDENT CIVIL ACTION

Pahang vs Vestil

*Read with Art 32, 33 ,34, 2176, NCC (Torts and Damages)

Samson vs Daway

Unfair competition
There is fraud hence Art 33 (independent civil
action) is allowed

Hambon vs CA (important case)

Rule 111, Sec. 1 (a): When a criminal action is

instituted, the civil action for the recovery of civil
liability arising from the offense shall be deemed
instituted with the criminal action
(Exceptions) Unless..
o waived
o reserved
o previously instituted

ART 36 PREJUDICIAL QUESTION

Article 36. Prejudicial questions, which must be

decided before any criminal prosecution may be
instituted or may proceed, shall be governed by
rules of court which the Supreme Court shall
promulgate and which shall not be in conflict with
the provisions of this Code.
***There is prejudicial question when there are two (2)
cases involved (usually civil and criminal)
a) with same issues; intricately related
b) that the outcome of the civil case shall
determine the acquittal/guilt in the
criminal case
o Quiambao vs Osorio:
- Admin case and Crim case
- SC held that there is no
prejudicial question
People vs Delizo

Securities and Exchange Commission case and

Estafa
The two cases are not related hence no prejudicial
question.

MARCELO,MN

What involves are annulment of extrajudicial sale

and issuance of a writ of possession
Issuance of a writ of possession is not even a case;
it is just incidental to the land registration case
No prejudicial question

ART 40-41 COMMENCEMENT/TERMINATION OF

PERSONALITY

Article 40. Birth determines personality; but the

conceived child shall be considered born for all
purposes that are favorable to it, provided, it be born
later with the conditions specified in the following
article.
(Already superseded by Art 5, PD 603 (The Child and
Youth Welfare Code)
which states: The civil
personality of the child shall commence from the time
of his conception for all purposes favorable to him,
subject to the requirements of Art 41, NCC)
Article 41. For civil purposes, the foetus is considered
born if it is alive at the time it is completely delivered
from the mother's womb. However, if the foetus had
an intra-uterine life of less than seven months, it is not
deemed born if it dies within twenty-four hours after
its complete delivery from the maternal womb.
Geluz vs CA

The wife underwent 3 abortions

The husband want to recover damages for the
unborn fetuses
SC: The fetus was not born yet ergo it does not
have juridical personality. The award for the death
of a person does not cover the case of an unborn
fetus that is not endowed with personality
(incapable of having rights and obligations).

Continental Steele vs Montao

Bereavement leave and benefit claims for an

unborn
Article 40 provides that a conceived child acquires
personality only when it is born, and Article 41
defines when a child is considered born. Article 42
plainly states that civil personality is extinguished
by death. The issue of civil personality is not
relevant in this case.

PFR Midterms Lecture 2016

Arts 40-42 do not provide at all definition of death.

Life is not synonymous to civil personality. One
need not acquire civil personality first before s/he
could die. The Constitution in fact recognizes the
life of the unborn from conception.
Moreover, the unborn is considered a dependent
for the it couldnt have survived for 38-39 weeks
without depending upon. its mother
Ergo, Hortillano is entitled to bereavement leave
and death insurance for his unborn child.

ART 42 DEATH/EXTINGUISHMENT OF PERSONALITY

Article 42. Civil personality is extinguished by

death. The effect of death upon the rights and
obligations of the deceased is determined by law,
by contract and by will
Eugenio vs Velez

Vitaliana was kidnapped.

Siblings filed a writ of habeas corpus which was
later amended as recovery of the body of a dead
person.
It turned out that Vitaliana was not actually legally
married to the petitioner.
The siblings are entitled to the body of Vitialiano
since they are the nearest of kin.

Butte vs Manuel Uy and Sons

Right of equitable redemption on the part of the

co-owners
The surviving heirs (co-owners) have the right to
redeem the property.
Ratio: Death extinguishes personality but opens
successional rights (rights are transferred to the
heirs)

personality, separate and distinct from that of each

shareholder, partner or member.
Article 45. Juridical persons mentioned in Nos. 1 and 2 of
the preceding article are governed by the laws creating or
recognizing them. Private corporations are regulated by
laws of general application on the subject. Partnerships and
associations for private interest or purpose are governed by
the provisions of this Code concerning partnerships.
Article 46. Juridical persons may acquire and possess
property of all kinds, as well as incur obligations and bring
civil or criminal actions, in conformity with the laws and
regulations of their organization.
Article 47. Upon the dissolution of corporations,
institutions and other entities for public interest or purpose
mentioned in No. 2 of article 44, their property and other
assets shall be disposed of in pursuance of law or the
charter creating them. If nothing has been specified on this
point, the property and other assets shall be applied to
similar purposes for the benefit of the region, province, city
or municipality which during the existence of the institution
derived the principal benefits from the same.
Municipality of San Fernando vs Judge Firme

Suability and liability of the state

Suability: Express and Implied consent
The state cannot be held liable if the damage was
incurred during the performance of a
governmental function (as in the case at bar)
Proprietary function = liable

*Corporation: 5 natural persons

*Municipalities have personalities
*Partnership: at least two or more persons with the
intention of dividing profits
RESTRICTION ON CIVIL CAPACITY

ART 44 -47 JURIDICAL PERSONS

Article 44. The following are juridical persons:
(1) The State and its political subdivisions;
(2) Other corporations, institutions and entities for public
interest or purpose, created by law; their personality begins
as soon as they have been constituted according to law;
(3) Corporations, partnerships and associations for private
interest or purpose to which the law grants a juridical

MARCELO,MN

Article 37 Juridical capacity, which is the fitness to be

the subject of legal relations, is inherent in every natural
person and is lost only through death. Capacity to act,
which is the power to do acts with legal effect, is
acquired and may be lost.
Presumption of Capacity
Catalan vs Basa
Schizophrenia case

PFR Midterms Lecture 2016

Presumption of competency on insanity was

upheld
His condition did not render him incapable of
giving consent (lucid interval)

RESTRICTRICTION ON CAPACITY TO ACT

Article 38. Minority, insanity or imbecility, the state of
being a deaf-mute, prodigality and civil interdiction 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.
Article 39. The following circumstances, among others,
modify or limit capacity to act: age, insanity, imbecility,
the state of being a deaf-mute, penalty, prodigality,
family relations, alienage, absence, insolvency and
trusteeship. The consequences of these circumstances
are governed in this Code, other codes, the Rules of
Court, and in special laws. Capacity to act is not limited
on account of religious belief or political opinion. A
married woman, twenty-one years of age or over, is
qualified for all acts of civil life, except in cases specified
by law.

An ordinary persons (or even a judge) opinion

would be enough to determine the sanity of a
person.

C. Deaf-Mutism, Art 137(2), 807 &820, CC

D. Prodigality, Rule 92, Sec 2, ROC
Prodigal one that is of legal age but is
unable to manage his properties and
affairs
E. Civil Interdiction, Arts 31, 34 & 41,RPC
F Family Relations (Limitation on your right to file a case)
Earnest effort must be proved otherwise
you cannot file a case against your family
G. Alienage, Art IV, Secs 1-5, 1987 Consti
Cordora vs COMELEC

Tambunting is a dual citizen

No prohibition for dual citizenship to run for a post

H. Absence, Arts 381-396, CC. Art 411, FC

I. Insolvency ad Trusteeship
J. Gender

A. Minority

DOMICILE AND RESIDENCE OF PERSONS

Mercado vs Espiritu

Romualdez-Marcos vs COMELEC
Imelda is eligible to run
For the purposes of election, domicile and
residency shall mean the same
Essential elements of domicile
Animus manendi house and property in
that place
Animus revertendi intent to return
Physical ties + intent to return = domicile

The minors represented themselves as adults

hence they cannot claim otherwise
Valid contract

Atizado vs People

Minority is a mitigating circumstance

You need not present birth certificate
Affidavit and blotter and other pieces of evidence
would suffice

FAMILY CODE (EO No. 209)

**Rule 3, Sec 6, 1997 Rules of Civil Procedure

Minors and incompetents may sue with the
assistance of their parents or guardians

Introduction of the Family Code

_ August 03, 1988

B. Insanity

Effect and Retroactivity

Hernandez vs Santos
Lulu case
An expert witness opinion is not necessary

Aruego et al vs CA
Law is retroactive as it does not prejudice ones
vested right

MARCELO,MN

PFR Midterms Lecture 2016

Bernabe vs Ca
Art 285 gives the petitioner the right for
recognition.
Applying the FC would impair such right hence FC
cannot be applied retroactively
Fuentes vs Roca
Questioning the vailidity of the sale without the
wifes consent
Although the spouses married during the Civil
Code, the sale was done after the effectivity of the
FC.
FC need not be applied retroactively since it is
already the governing law at the time of the sale.

Harayo vs Coliflores
Silverio vs Republic
ART 3 FORMAL REQUISITES OF A VALID MARRIAGE
Article 3. The formal requisites of marriage are:
(1) Authority of the solemnizing officer;
(2) A valid marriage license except in the cases
provided for in Chapter 2 of this Title; and
(3) A marriage ceremony which takes place
with the appearance of the contracting parties
before the solemnizing officer and their
personal declaration that they take each other
as husband and wife in the presence of not less
than two witnesses of legal age.

MARRIAGE
ART XV, Sec 2, 1987 Constitution
Marriage, as an inviolable social institution, is
the foundation of the family and shall be
protected by the State.
Art 1 Concept and Nature
Article 1. Marriage is a special contract of permanent union
between a man and a woman entered into in accordance with
law for the establishment of conjugal and family life. It is the
foundation of the family and an inviolable social institution
whose nature, consequences, and incidents are governed by
law and not subject to stipulation, except that marriage
settlements may fix the property relations during the marriage
within the limits provided by this Code.

Escleo vs Dorado

Koreans fiance wants to obtain marriage license

Someone from the court told her to pay a certain

amount to expedite her marriage license

SC: Marriage license has requisites. There is a clear

circumvention of the law by trying to make it
appear that marriage license can be acquired thru
payment.

A. Presumption
Mariategui vs CA
B. Marriage not subject to stipulation
Panganiban vs Borromeo
Selanova vs Mendoza
Licahuco-de Leon vs CA
Acebedo vs Arguero
Estrada vs Escritor
Concept:
Mecaral vs Velaquez

Ninal vs Bayadog

license

(1) Legal capacity of the contracting parties

who must be a male and a female; and
(2) Consent freely given in the presence of the
solemnizing officer.
MARCELO,MN

They executed an affidavit of 5-year cohabitation

but there is legal impediment hence not valid

Republic vs Ca

Secret marriage

The certification issued by the civil registry that

ART 2 REQUISITES OF A VAILD MARRIAGE

Article 2. No marriage shall be valid, unless these
essential requisites are present:

The marriage is void due to absence of marriage

there is no marriage license has a probative value

since they are the keeper of such documents
Republic vs Dayot

Void ab initio due to absence of ML

PFR Midterms Lecture 2016

7 PERSONS AUTHORIZED TO SOLEMNIZE MARRIAGE
Article 7.. Marriage may be solemnized by:
(1) Any incumbent member of the judiciary
within the court's jurisdiction;
(2) Any priest, rabbi, imam, or minister of any
church or religious sect duly authorized by his
church or religious sect and registered with the
civil registrar general, acting within the limits of
the written authority granted by his church or
religious sect and provided that at least one of
the contracting parties belongs to the
solemnizing officer's church or religious sect;
(3) Any ship captain or airplane chief only in the
case mentioned in Article 31;
(4) Any military commander of a unit to which a
chaplain is assigned, in the absence of the
latter, during a military operation, likewise only
in the cases mentioned in Article 32;
(5) Any consul-general, consul or vice-consul in
the case provided in Article 10.

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 have
capacity to remarry under Philippine law. (As amended by
Executive Order 227)
Garcia vs Recio

Van Dorn vs Romillo

The judge solemnized the marriage outside his

jurisdiction.
The marriage of the spouses is valid since lack of
jurisdiction of the solemnizing officer is just an
irregularity of a formal requisite. It does not affect
the validity of the marriage. The judge, however,
was sanctioned.

ARTICLES 9-25 MARRIAGE LICENSE

GENERAL RULE:

REPUBLIC vs CA (supra)
*****ART 26 FOREIGN MARRIAGE

MARCELO,MN

Reason for Par 2 Art 26:

To avoid the absurd situation where the
Filipino spouse remains married to the alien
spouse who, after obtaining a divorce, is no
longer married to the Filipino spouse.
Remedy for cases involving parties who, at the
time of the celebration of the marriage were
Filipino citizens, but later on, one of them
becomes naturalized as a foreign citizen and
obtains a divorce decree

Corpuz vs Sto Tomas

Marriage license is required except for instances under

Art 27,28, 31, 32, 33, and 34.

Article 26. All marriages solemnized outside the Philippines,

in accordance with the laws in force in the country where
they were solemnized, and valid there as such, shall also be
valid in this country, except those prohibited under Articles
35 (1), (4), (5) and (6), 3637 and 38. (17a)

The Court recognized the foreign divorce using

the case of Garcia vs Recio as basis.

Republic vs Obrecido (landmark case)

Navarro vs CA

Husband was able to obtain foreign divorce, told

the foreign court that he and Filipino wife have any
properties to further dissolve.
Thereafter, the foreign husband learned of the
wifes property in PH. Instantly, he wanted to be
co-owner of the said property.
SC: The divorce that the husband obtained was an
absolute divorce which severs their marital ties.
The foreign husband cannot be co-owner of the
property since it was acquired solely by the wife.

Petition for Judicial Recognition of a Foreign

Divorce
Copuz (already naturalized Australian (?)) was
not a proper party because he is the one who
obtained the foreign divorce decree.
The Filipino spouse must be the one to file

Fujiki vs Marinay (Important case)

Fujiki x Marinay <3 <3 <3

It is the Filipino (Marinay) who obtained the
divorce decree

PFR Midterms Lecture 2016

Fujiki (Japanese) filed the petition for judicial

recognition
Marinay cannot file because she was the one who
obtained the divorce
SC: Fujiki is a real party in interest since it affects
his status, finances, and property ownership
(pursuant to Rule 108, Sec 1, ROC)

(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;

Edelina Ando vs DFA

(4) Those bigamous or polygamous marriages not

failing under Article 41;

Edelina was divorced by Kobayashi in Japan and

later on married Ando.
She wanted to apply with the DFA a passport using
the surname Ando but her application was denied.
SC: Rules in favor of DFA. She must first prove the
divorce and have it recognized in PH.

AM 02-11-10-SC - Guidelines for Declaration of absolute

nullity of marriage and Annulment of marriage
Rule 108, ROC Judicial Declaration of a Foreign divorce
ART 34 MARRIAGE WITHOUT MARRIAGE LICENSE
Article 34. No license shall be necessary for the marriage
of a man and a woman who have lived together as
husband and wife for at least five years and without any
legal impediment to marry each other. The contracting
parties shall state the foregoing facts in an affidavit
before any person authorized by law to administer
oaths. The solemnizing officer shall also state under
oath that he ascertained the qualifications of the
contracting parties are found no legal impediment to
the marriage.
Nature of five-year cohabitation to dispense with the
marriage license:
-

must be characterized with no legal

impediment
Ninal vs Bayadog (supra)

(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.
Mercado vs Tan
Before contracting a subsequent marriage you
must first seek a declaration of nullity of the first
marriage
You cannot raise the defense of declaration of
nullity after solemnization of a second marriage in
cases of bigamy.
Abunado vs People
Pendency of absolute declaration of nullity of
marriage is not a bar to proceed with the criminal
case of bigamy.
*****ART 36. PSYCHOLOGICAL INCAPACITY (in rel to Art
68)

Cases prior to Molina

Domingo vs CA

Dissolution of Marital Bonds

*****ART 35 VOID MARRIAGES

Declaration of absolute nullity of marriage not for

the purposes of remarrying alone.
Some wants to liquidate the properties etc hence
the filing of the petition.

Salita vs Magtolis

Article 35. The following marriages shall be void from the

beginning:

No need for Bill of Particulars. The petition need

not be specific.

Santos vs Santos(important)
(1) Those contracted by any party below eighteen
years of age even with the consent of parents or
guardians;

MARCELO,MN

Iniwan ng asawa di na binalikan

SC: No PI on the part of the wife. The Court laid
down the characteristics of PI:

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PFR Midterms Lecture 2016

Gravity
Juridical antecedence (incapacity must be
there prior to or on the day of the
solemnization of the marriage)
Incurability

3.

4.
Chi Ming Tsoi vs CA and Gina Lao Tsoi (peyborit)

Prolonged refusal of Chi Ming Tsoi to have sex with

his wife (Gina Lao) is indicative of PI.

5.

IN A NUTSHELL
6.

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)
Psychological incapacity of one or either of the
spouse/s prevent/s them from fulfilling their essential
marital obligations embodied in Art 68, FC.
Essential marital obligations (Art 68):
live together, observe mutual love, respect
and fidelity, and render mutual help and
support
Summary of Art 36, FC as per Atty. Canlas:
1. Molina guidelines are valid guidelines even if
they are expounded in Kalaw vs Fernandez.
Kalaw seems to say that Molina is flexible.
2. Expert testimony is decisive. Provided,
however, that:
(a) The testimony of the petitioner is
corroborated by other witnesses,
(b) Psych tests were administered.
*these are also the ways on how to overcome the
hearsay evidence argument
3. The respondent need not be interviewed
4. Art 36 is patterned from Canon Law hence
Church annulment is persuasive.
5. Art 36 does not provide for the definition of
Republic vs Molina (Landmark case)
Molina guidelines
1. The burden of proof to show the nullity of
the marriage belongs to the plaintiff.
2. The root cause of the psychological
incapacity must be (a) medically or
clinically identified, (b) alleged in the
complaint, (c) sufficiently proven by

MARCELO,MN

7.

experts and (d) clearly explained in the

decision.
The incapacity must be proven to be
existing at the time of the celebration of
the marriage (juridical antecedence)
Such incapacity must also be shown to be
medically or clinically permanent or
incurable.
Such illness must be grave enough to
bring about the disability of the party to
assume the essential obligations of
marriage.
The essential marital obligations must be
those embraced by Articles 68 up to 71 of
the Family Code as regards the husband
and wife as well as Articles 220, 221 and
225 of the same Code in regard to parents
and their children.
Interpretations given by the National
Appellate Matrimonial Tribunal of the
Catholic Church in the Philippines, while
not controlling or decisive, should be
given great respect by our courts.

Kalaw vs Fernandez (landmark case, latest)

Kalaw and Fernandez married in HK

Petitioner asserts that Fernandez is psychologically
incapacitated base on the following behavioral
manifestations:
always plays mahjong (even brought the
children with her)
bumabarkada
sexual infidelity
SC initially affirmed the decision of the CA (Wife is
not PI). However, Kalaw filed an MR.
The SC reconsidered and declared the wife to be
PI.
SC: The CA must give credence to the findings of
the RTC if not patently erroneous. The findings of
the psychologist /expert witness is a decisive
evidence. The judges are not in better position to
determine those things.

Pesca vs Pesca

The court used the case of Molina as reference.

The respondent, even though abusive, is not
psychologically incapacitated
The petitioner failed to:

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PFR Midterms Lecture 2016

Identify the root cause

Failed to prove that there is judicial
antecedence.

Carating-Siayngco vs Manuel Siayngco

Behavioral manifestations of the wife

Domineering
Vindictive
Always complaining
Incapacity is incurable
The manifestations are not grounds for Declaration
of Nullity of Marriage under Art 36, FC
(Psychological Incapacity)
The Court identified such manifestations as mere
frustrations resulting from unsatisfactory
relationship (unsatisfactory relationship is also not
a ground under Art 36, FC)

Te vs Te

Republic vs Hamano

Behavioral manifestations of the husband:

Failure to provide for the family
Failure to return
Root cause not established
Molina doctrine is still applicable despite the fact
that the husband is a Japanese (foreigner)
The norms used for determining psychological
incapacity should apply to any person regardless of
nationality.
SC Ruling: Japanese husband is not PI. Aforesaid
manifestations failed to satisfy the Molina
Doctrine.

Antonio vs Reyes

Behavioral manifestations of the wife:

Pathological liar
Fabricated a story about being raped
Claimed to be a psychiatrist/singer/record
producer etc
Invented friends
She has established a make believe world
All the requisites in the Molina guidelines are
satisfied hence marriage is null and void ab initio.

Drinking and gambling;

Drug-addiction;
Happy-go-luck
SC: Such defects on the part of the husband do not
constitute psychological incapacity
The findings of the psychologist were based only
on the testimony of the wife. It is not admissible
for being hearsay evidence. (But this ratio was later
corrected in subsequent cases)

Behavioral disorders of spouses, respectively:

Rowena : Anti-social disorder
Edward: Dependent personality disorder
SC: Such disorders constitute psychological
incapacity.
The Court further stated that in cases of
Declaration of Nullity of Marriage under Art 36, the
expert witness need not interview the respondent
(note: this negates hearsay evidence but this is the
prevailing doctrine now)

Ting vs Velez-Ting

The husband was a drunkard

There are conflicting testimonies from two (2)
expert witnesses (presented by the petitioner and
respondent, respectively)
Carmen (wife) was not able to prove that her
husband was PI.
Lack of the requisites:
Gravity
Juridical antecedence
Incurability
Atty Canlas: The conflicting findings of the 2 expert
witnesses were fatal to the case

Azcueta vs Republic

Husband is declared PI since he has Dependent

Personality Disorder.
The Court accepted the testimony of the wife
alone for it was corroborated by other witnesses
The Court moved away from the ruling in Republic
vs San Jose

Aspillaga vs Aspillaga
Republic vs San Jose

Behavioral manifestations of the husband:

MARCELO,MN

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PFR Midterms Lecture 2016

Mere refusal to comply with the essential marital

obligations is not tantamount to psychological
incapacity

(6) Between the surviving spouse of the adopted

child and the adopter;
(7) Between an adopted child and a legitimate
child of the adopter;

Paz vs Paz

SC: The borderline personality disorder of the

husband is not so grave to prevent him to fulfill his
essential marital obligations (Art 68, FC)
The findings of Dr. Gates were hearsay evidence.
The information as to the behavior of the husband
was only supplied by the wife
(take note how to overcome hearsay
evidence)

Suazo vs Suazo

Psychologist relied only on the meager information

supplied by the wife hence petition denied.
Psychological results must be exhaustive; linking
the behavioral manifestations with a root cause.

ART 37 - INCESTOUS MARRIAGES

Article 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 VOID FOR REASONS OF PUBLIC POLICY
Article 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;

(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. (82)

ART 39 THE ACTION OR DEFENSE FOR THE DECLARATION

OF ABSOLUTE NULLITY OF A MARRIAGE SHALL NOT
PRESCRIBE
Article 39. The action or defense for the declaration of
absolute nullity shall not prescribe. 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 take effect.
(As amended by Executive Order 227)

Felicitas Amor-Catalan vs CA et al
ART 40 NULLITY OF PREVIOUS MARRIAGE
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.
Tolentino vs Paras

The first wife is the legal surviving heir of the

deceased since he failed to secure a judicial
declaration of nullity before contracting a
subsequent marriage.

Montanez vs Cipriano

Elements of bigamy have already been committed

hence declaration of absolute nullity of a marriage
cannot be used as a defense.
Purpose of Art 40: So the parties will not decide for
themselves if their marriage is void or not. They
must go to court.

(5) Between the surviving spouse of the adopting

parent and the adopted child;

MARCELO,MN

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PFR Midterms Lecture 2016

ART 41 DECLARATION OF PRESUMPTIVE DEATH
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 the Civil 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.

Calisterio vs Calisterio

Under Art 83, New Civil Code, there is no need for

judicial declaration of presumptive death since the
marriage was solemnized in 1958 prior to the
effectivity of the Family Code in 1988.

Nolasco was not able to prove that he exhausted

all efforts to find the absentee.

Republic vs Granada
Correct procedure
Petition for Declaration of Presumptive death is a
summary proceeding. The decision of the RTC shall
be final and executor hence not subject to appeal.
However, you can file a petition for certiorari or
petition for review under Rule 45.
ART 42 AFFIDAVIT OF REAPPEARANCE
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 void ab 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.
SSS vs de Bailon

Republic vs Nolasco

A Filipino seaman and an Englishwoman met in a

bar in Liverpool, UK, fell in love and got married in
the PH.
After the English woman gave birth to the son, she
went back to UK.
Nolasco filed a petition to have her wife be
declared presumptively dead.
Elements of Declaration of Presumptive death
Absent spouse has been missing
for 4 consecutive years, 2
consecutive if there is danger of
death.
The present spouse wishes to
remarry.
The present spouse has a wellfounded belief that the absentee
is dead.
Present spouse files for a summary
proceeding.

MARCELO,MN

Deceased Clemente de Bailon contracted three (3)

marriages during his lifetime.
The deceased had his first wife Alice be declared
presumptively dead. (Granted)
When Clemente died his third wife Teresita Jarque
filed for funeral benefits which was consequently
granted by the SSS.
This was contested by Cecilia de Bailon Yap who is
claiming to be the daughter of Clemente and a
nd
certain Elisa (2 marriage). She averred that the
marriage of Teresita Jarque and the deceased shall
be void as they personally know that Alice is very
much alive.
Due to this confusion, the SSS cancelled the
monthly pension of the respondent and asked her
to return what she has previously received.
SC: As a general rule, there must always be an
affidavit of reappearance, mere reappearance is
not enough. Alice only reappeared after
Clementes death so she can no longer execute an
affidavit of reappearance. She cannot attack
(directly) the validity of the marriage between

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PFR Midterms Lecture 2016

Jarque and de Bailon since there is no marriage to
be attacked for the same has been terminated
upon Clementes death.

Art. 47. The action for annulment of marriage must be filed

by the following persons and within the periods indicated
herein:

ART 45. VOIDABLE MARRIAGES

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 the other, and
such incapacity continues and appears to be
incurable; or
(6) That either party was afflicted with a sexuallytransmissible 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.

(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 Articles
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. (87a)
Note: Art 46 is an exclusive enumeration of instances of
fraud. Art 48 is the same as AM 02-11-10-SC. For cases
where there is alleged fraud, take note of concealment.
Bucat vs Bucat

Aquino vs Delizo

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. (86a)

MARCELO,MN

Originally written in Spanish ;)

The husbands ground for annulling the marriage is
fraud; that the wife concealed from him that she is
no longer a virgin.
The Court said that this is not a valid ground. He
could have opted to use concealment of pregnancy
as a ground; however, the same could not have
been possible for the wife six (6) months pregnant
when they got married.

The husband wanted the marriage to be annulled

on the ground of fraud through concealment of
pregnancy.
SC declared that indeed there is fraud. The
concealment of the wife is possible because the
wifes baby bump is apparent considering that she
is only four (4) months pregnant and she is ~ fat.

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Republic vs Dagdag

The allegation of the wife about the husband being

a fugitive is not sufficiently proven.
There was no final judgment of conviction
presented. She only proved that the husband is
incarcerated.

The uncle doesnt even have the intent to cohabit

with the niece (He just wanted to be absolved from
the crime of rape but there is actually no marriage
because it is void)

Impotence:
Jimenez vs Canizares

Almelor vs Almelor

The husband is a doctor.

The petition filed by the wife is originally
declaration of absolute nullity under Art 36 on the
ground of homosexuality.
Behavioral manifestations:
o He has indiscreet conversation with
another man
o He was kissing another man
o He has pornographic materials hidden
somewhere..
SC: The Court is convinced that there is no
concealment. The wife knew even before the
marriage that the husband is gay. Ergo, as there is
no concealment, homosexuality is just a ground for
legal separation.

Physically Incapable:
Alcazar vs Alcazar

The wife filed for annulment under Art 45 Par 5

(impotence)
The Court did not grant the petition. Impotence is
the lack of power to copulate. It is different from
sterility. The wife failed to prove that there is
permanent incapability. There was no evidence of
impotence.
To prove impotence you can
present a medical certificate. - Atty
Canlas

Force, Intimidation, Undue Influence:

Sison vs Te Lay Li

The father of the wife only forced her to marry Te

Lay Li (sinasaktan sya and nilalatigo)
SC: Annulment is granted. The element of consent
is missing. There was actually no marital ties to
diminish since the consent is vitiated.

People vs Santiago

Rape case (The uncle is the accused)

The uncle married the victim after raping her.
SC: The marriage is void since the consent id
vitiated by duress and intimidation.

MARCELO,MN

The husband alleges that the wife is impotent

because she cannot accommodate the organ of the
husband.
The wife refused to be examined.
SC: Remanded the case back to the RTC. There is
no sufficient evidence presented to prove the
impotence of the wife aside from the husbands
testimony.

ART 55. LEGAL SEPARATION

Art. 55. A petition for legal separation may be filed on any
of the following grounds:
(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
petitioner, 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;
(5) Drug addiction or habitual alcoholism of the
respondent;
(6) Lesbianism or homosexuality of the
respondent;
(7) Contracting by the respondent of a subsequent
bigamous marriage, whether in the Philippines or
abroad;
(8) Sexual infidelity or perversion;
(9) Attempt by the respondent against the life of
the petitioner; or
(10) Abandonment of petitioner by respondent
without justifiable cause for more than one year.
For purposes of this Article, the term "child" shall include a
child by nature or by adoption. (9a)
Art. 56. The petition for legal separation shall be denied on
any of the following grounds:
(1) Where the aggrieved party has condoned the
offense or act complained of;
(2) Where the aggrieved party has consented to
the commission of the offense or act complained
of;

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PFR Midterms Lecture 2016

(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.
(100a)
Art. 57. An action for legal separation shall be filed within
five years from the time of the occurrence of the cause.
Art. 58. An action for legal separation shall in no case be
tried before six months shall have elapsed since the filing of
the petition.
Art. 59. No legal separation may be decreed unless the
Court has taken steps toward the reconciliation of the
spouses and is fully satisfied, despite such efforts, that
reconciliation is highly improbable. (n)
Art. 60. No decree of legal separation shall be based upon a
stipulation of facts or a confession of judgment.
In any case, the Court shall order the prosecuting attorney
or fiscal assigned to it to take steps to prevent collusion
between the parties and to take care that the evidence is
not fabricated or suppressed. (101a)
Art. 61. After the filing of the petition for legal separation,
the spouses shall be entitled to live separately from each
other.
The court, in the absence of a written agreement between
the spouses, shall designate either of them or a third person
to administer the absolute community or conjugal
partnership property. The administrator appointed by the
court shall have the same powers and duties as those of a
guardian under the Rules of Court. (104a)
Note: Art 55 is an exclusive enumeration.

Pacete vs Carriaga Jr
In cases of leg sep, can the Court declare the
respondent in default and rely only on the
testimony of the petitioner?
SC: Courts cannot declare the respondent in
default. If the respondent wants to
participate, they can be allowed except when
there is already a final judgment. Even if he
did not participate during the trial he can still
appeal together with the Sol Gen.

MARCELO,MN

Tenchavez vs Ecano
Abandonment if proved by sufficient
evidence, a ground for legal separation.
Ong Eng Kiam aka William Ong vs Lucita Ong
The husband violently abuses the wife and the
kids.
Wife files for legal separation.
The husband admitted his violence towards
the wife but contended that the wife is also
guilty of abandonment. (In cases of legal
separation, if both the spouses presented
pieces of evidence against each then legal
separation shall not be granted pursuant to
Art 56, Para 4)
SC: Abandonment by Lucita Ong is justified. It
is actually the husband who gave cause of the
abandonment because of violence.
Alano vs Gabusan
An agreement to separate is not allowed.
Marriage is not subject to stipulation by the
parties.
In re: Atty Rufillo Bucena
Atty Bucena notarized a document for the
spouses to separate
SC: The stipulations are against the law/
contrary to public policy.
Suspended for 6 months.
Grounds for legal separation:
Goitia vs Campos Rueda
The wife left the conjugal dwelling due to the
husbands demand that the wife perform
unchaste and lascivious acts.
The wife originally filed a petition for support.
The husbands contention is that he cannot
give support because there are only two
modes in which he can; subject to his choice:
1. That the husband shall give the other
spouse fixed pension,

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PFR Midterms Lecture 2016

2. That she comes back to the conjugal
dwelling.
SC: The husband must be compelled to give
support despite the wife not wanting to
cohabit with him because the wifes
abandonment is justifiable. The husband has
no choice but to give the wife monthly fixed
pension.
People vs Zapanta
WON double jeopardy is present in this case.
Wife was convicted for adultery. Then she did
it again. Shes asserting that she cannot be
prosecuted for adultery for the second time
because that would constitute double
jeopardy.
SC: You cannot use the defense of double
jeopardy for the crime of adultery. There are
as many crimes as there are acts committed.
Gandionco vs Penaranda

As per Atty Canlas: But nowadays the

presence of the Sol Gen/prosecutor is
required, so as to prevent procedural defects.
Arroyo Jr vs CA

Wife was charged with adultery. The husband

also admitted sexual infidelity.
In pari delicto was raised by the wife.
Can in pari delicto be used as a defense for
criminal prosecution?
No. The defense of in pari delicto is only
applicable in contracted obligations.
Moreover, criminal cases are not subject to
compromise because that would be against
public policy.
(Obiter lang) It can be used as a valid defense
in legal separation because if both of the
parties presented grounds against each other,
legal separation will not be granted.
----------------------------Fin-----------------------

Wife file legal separation on the ground of

concubinage, then she filed a criminal case
(concubinage) against the husband.
The husband wants to suspend the proceeding
for legal separation and wait for the decision
of the criminal case (prejudicial question).
SC: Proceedings for legal separation can
proceed along with the criminal prosecution
for concubinage. In civil cases, all the court
requires is preponderance of evidence, no
need for conviction on the criminal case.
Note: Rules/guideline on Legal Separation is found in
AM 02-11-11-SC
Tuason vs CA
The judge continued with the judgment even
if there is no prosecutor. Is it fatal to the case?
SC: In this case, it is not because the
respondent actually opposed, he was
represented by a private counsel at every
stage of the proceeding, and he was able to
adduce evidence.
MARCELO,MN

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