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The Law on Persons and Family Relations

Course Outline
I.

Preliminary Title; Human Relations; Personality; Domicile;

Art. 2 NCC; Art.5 Labor Code; Sec. 3(1) & 4, Ch. 2, Book VII,
Administrative Code of 1987; BSP Circular 799
Effects and application of law
Tanada vs Tuvera, 136 SCRA 27 (1985)
Article 2 of the NCC does not preclude the requirement of publication
in the Official Gazette even if the law itself provides for the date of its
effectivity.
Tanada vs Tuvera,146 SCRA 446 (1986)
If the law provides for its own effectivity date, then it takes effect on
the said date, subject to the requirement of publication. The clause unless
otherwise provided refers to the date of effectivity and not the to the
requirement of publication itself, which cannot in any event be omitted.
Basa vs Mercado, 61 Phil 632
To be a newspaper of general circulation, it is enough that it is
published for the dissemination of local news and general information,
that it has bona fide subscription list of paying subscribers, and that it is
published at regular intervals.
PASEI vs. Torres, G.R. NO. 101279,Aug. 06, 1992 212 SCRA

298

Although the questioned circulars are a valid exercise of the police


power as delegated to the executive branch of Government, they are
legally invalid, defective and unenforceable for lack of proper publication
and filing in the Office of the National Administrative Register as
required in Article 2 of the Civil Code, Article 5 of the Labor Code and
Sections 3(1) and 4, Chapter 2, Book VII of the Administrative Code of
1987
Rep. vs. Extelcom, G.R. NO. 147096,Jan. 15, 2002 373 SCRA 316
Thus, publication in the Official Gazette or a newspaper of general
circulation is a condition sine qua non before statutes, rules or regulations
can take effect. There is nothing in the Administrative Code of 1987
which implies that the filing of the rules with the UP Law Center is the
operative act that gives the rules force and effect.
Cojuangco, Jr. vs. Rep., G.R. NO. 180705, Nov. 27,2012 686 SCRA

472
In this case, while it incorporated the PCA-Cojuangco AG.R.eement by
reference, Section 1 of P.D. 755 did not in any way reproduce the exact
terms of the contract in the decree. Neither was acopy thereof attached to
the decree when published. We cannot, therefore, extend to the said
AG.R.eement the status of a law.
NMSMI vs. DND, G.R. NO. 187587, June 5, 2013 697 SCRA 359
The Court cannot rely on a handwritten note that was not part of
Proclamation No. 2476 as published. Without publication, the note never
had any legal force and effect.
Roy vs CA, G.R. NO 80718 Jan. 29, 1988
The term laws do not include decisions of the Supreme Court because
lawyers in the active practice must keep abreast of decisions, particularly
where issues have been clarified, consistently reiterated and published in
advanced reports and the SCRA.
Arts.3, 4, 5, 6, 7 NCC; Arts. 105, 256 Family Code; Vested Rights;
Substantive & Procedural Laws; Retroactive Application; Express
and Implied Repeal; Effect of declaration of Unconstitutionality
Marcella-Bobis vs Bobis, 336 SCRA 747 (2000)
The accused is prosecuted for the crime of bigamy for not obtaining a
judicial declaration of nullity of his first marriage before entering into
another marriage. Ignorance of the existence of article 40 of the Family
Code canno enve be successfully invoked as an excuse.
Bernabe v. Alejo G.R. NO. 140500, Jan. 21, 2002 374 SCRA 180
An illegitimate child filed an action for recognition pursuant to article
285 of the NCC during the effectivity of the Family Code. illegitimate
children who were still minors at the time the Family Code took effect
and whose putative parent died during their minority are thus given the
right to seek recognition (under Article 285 of the Civil Code) for a period
of up to four years from attaining majority age and this vested right was
not impaired or taken away by the passage of the Family Code.
Rep. v. Miller G.R. NO. 125932, Apr. 21, 1999 306 SCRA

183

Whether or not, an alien, who is qualified to adopt at the time of filing


the petition, can be disqualified by the new provisions of the family code.
An alien qualified to adopt under the Child and Youth Welfare Code,
which was in force at the time of the filing of the petition, acquired a
vested right which could not be affected by the subsequent enactment of

a new law disqualifying him. Vested rights include not only legal or
equitable title to the enforcement of a demand, but also an exemption
from new obligations created after the right has vested.
Atienza vs. Brillantes, AM MTJ 92-706, Mar. 29,1995 243 SCRA 32
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. The fact that procedural statutes may somehow affect the
litigants' rights may not preclude their retroactive application to pending
actions.
Ty v. Cam G.R. NO. 127406, Nov. 27,

2000

The two marriages involved in this case was entered during the effectivity
of the New Civil Code. The Family Code has retroactive effect unless there
be impairment of vested rights.
Compare the case of TY vs CA and Atienza vs Brillantes
Systems Factors Corp vs NLRC, 346 SCRA 149 (2000)
The retroactive application of procedural laws is not violative of any right
of a person who may feel that he is adversely affected. The reason is that
as a general rule, no vested right may attach nor arise from procedural
laws.
Agujetas vs CA, 261 SCRA 17 (1996)
Implied repeals are not to be favored because they rest only on the
presumption that because the old and the new laws are incompatible
with each other, there is an intention to repeal the old. There must be a
plain, unavoidable and irreconcilable repugnancy between the two.
Laguna Lake Development Authority vs CA, 251 SCRA 42 (1995)
When there is a conflict between a general law and a special statute, the
special statute should prevail since it evinces the legislative intent more
clearly than the general statute. The special law is to be taken as an
exception to the general law in the absence of special circumstances
forcing a contrary conclusion.
De Agbayani vs PNB, 38 SCRA

429

The Supreme Court declared the moratorium law unconstitutional but it


did not allow to toll the prescriptive period of the right to foreclose the
mortgage. The court adopted the view that before an act is declared
unconstitutional it is an operative fact which can be the source of rights
and duties.

Article 8. Stare Decisis; Case Law; See also Article 36, FC; article 9,
10, 11, 12 , 13, 14 NCC
Ting v. Velez-Ting, G.R. NO. 166562, Mar. 31, 2009 582 SCRA

694

The rule of stare decisis is not inflexible, whether it shall be followed or


departed from, is a question entirely within the discretion of the court,
which is again called upon to consider a question once decided. It is only
when a prior ruling of this Court is overruled, and a different view is
adopted, that the new doctrine may have to be applied prospectively in
favor of parties who have relied on the old doctrine and have acted in
good faith, in accordance therewith under the familiar rule of "lex
prospicit, non respicit
Floresca vs Philex Mining Corp.,G.R. 30642, April 30, 1985
The application or interpretation placed by the Supreme Court upon a
law is part of the law as of the date of its enactment since the courts
application or interpretation merely establishes the contemporaneous
legislative intent that the construed law purports to carry into effect.
Mendiola vs CA, 258 SCRA 492
Equity, which has been described as justice outside legality is applied
only in the absence of, and never against statutory law or judicial rules
of procedure.
Articles 15, 16, 17, 50, 51 (New Civil Code); Article 26, Family Code
Van Dorn vs. Romillo G.R. NO.L-68470 October 8, 1985 139 SCRA
139
It is true that owing to the nationality principle embodied in Article 15 of
the Civil Code, only Philippine nationals are covered by the policy against
absolute divorces the same being considered contrary to our concept of
public policy and morality. However, aliens may obtain divorces abroad,
which may be recognized in the Philippines, provided they are valid
according to their national law.
Pilapil vs. Ibay-Somera, G.R. NO. 80116 June 30, 1989 174 SCRA
652
Whether or not, the complainant, a foreigner, qualify as an offended
spouse having obtained a final divorce decree under his national law
prior to his filing the criminal complaint. The person who initiates the
adultery case must be an offended spouse, and by this is meant that he

is still married to the accused spouse, at the time of the filing of the
complaint.
Recio vs. Recio G.R. NO. 138322. October 2, 2001 366 SCRA 437
Whether or not the divorce must be proved before it is to be recognized
in the Philippines. Before a foreign divorce decree can be recognized by
our courts, the party pleading it must prove the divorce as a fact and
demonstrate its conformity to the foreign law allowing it. Presentation
solely of the divorce decree is insufficient.
Roehr v. Rodriguez,G.R. NO. 142820 ,Jun. 30, 2003 404 SCRA 495
As a general rule, divorce decrees obtained by foreigners in other
countries are recognizable in our jurisdiction, but the legal effects
thereof, e.g. on custody, care and support of the children, must still be
determined by our courts.
Morigo v. People, G.R. NO. 145226 , Feb. 6, 2004 422 SCRA 376
The mere private act of signing a marriage contract bears no semblance
to a valid marriage and thus, needs no judicial declaration of nullity.
Such act alone, without more, cannot be deemed to constitute an
ostensibly valid marriage for which petitioner might be held liable for
bigamy unless he first secures a judicial declaration of nullity before he
contracts a subsequent marriage. (Pro hac vice case)
Rep. v. Orbecido, G.R. NO. 154380, Oct. 05, 2005 472 SCRA 114
Whether or not, a Filipino Spouse can remarry under ARTICLE 26 OF
THE FAMILY CODE where his,her spouse is later naturalized as a foreign
citizen and obtains a valid divorce decree capacitating him or her to
remarry. The reckoning point is not the citizenship of the parties at the
time of the celebration of the marriage, but their citizenship at the time a
valid divorce is obtained abroad by the alien spouse capacitating the latter
to remarry.
Corpuz v. Sto. Tomas, G.R. NO. 186571, Aug. 11, 2010 628
266

SCRA

In Gerberts case, since both the foreign divorce decree and the national
law of the alien, recognizing his or her capacity to obtain a divorce,
purport to be official acts of a sovereign authority, Section 24, Rule 132
of the Rules of Court comes into play. This Section requires proof, either
by (1) official publications or (2) copies attested by the officer having legal
custody of the documents. If the copies of official records are not kept in
the Philippines, these must be (a) accompanied by a certificate issued by
the proper diplomatic or consular officer in the Philippine foreign service

stationed in the foreign country in which the record is kept and (b)
authenticated by the seal of his office.
David and Leticia are US citizens who own properties in the USA and in the
Philippines. Leticia obtained a decree of divorce from the Superior Court of California
in June 2005 wherein the court awarded all the properties in the USA to Leticia. With
respect to their properties in the Philippines, Leticia filed a petition for judicial
separation of conjugal properties. The Court ruled that even if the Court applies the
doctrine of processual presumption as the lower courts did with respect to the
property regime of the parties, the recognition of divorce is entirely a different matter
because, to begin with, divorce is not recognized between Filipino citizens in the
Philippines. Absent a valid recognition of the divorce decree, it follows that the parties
are still legally married in the Philippines. The trial court thus erred in proceeding
directly to liquidation. DAVID A. NOVERAS vs. LETICIA T. NOVERAS, G.R. No.
188289, August 20, 2014, J. Perez
DEL SOCORRO vs. VAN WILSEM, G.R. No. 193707 , December 10, 2014
A foreigner was sued for support. The Supreme Court ruled that Article 195 of the
New Civil Code cannot apply to him, since Article 15 of the New Civil Code stresses the
principle of nationality. Philippine laws, specifically the provisions of the Family Code
relating to support, only apply to Filipino citizens. By analogy, the same principle
applies to foreigners such that they are governed by their national law with respect to
family rights and duties.
DEL SOCORRO vs. VAN WILSEM, G.R. No. 193707 , December 10, 2014
Under the doctrine of processual presumption, if the foreign law involved is not
properly pleaded and proved, our courts will presume that the foreign law is the same
as our local or domestic or internal law. Hence, pleading a foreign law without proving
the same will bar its application in the Philippines.
SAUDI ARABIAN AIRLINES (SAUDIA) AND BRENDA VS. SACAR-ADIONG ET. AL.,
G.R. NO. 198587. January 14, 2015
All told, the considerations for assumption of jurisdiction by Philippine tribunals as
outlined in Bank of America, NT&SA have been satisfied. First, all the parties are based
in the Philippines and all the material incidents transpired in this jurisdiction. Thus,
the parties may conveniently seek relief from Philippine tribunals. Second, Philippine
tribunals are in a position to make an intelligent decision as to the law and the facts.
Third, Philippine tribunals are in a position to enforce their decisions. There is no
compelling basis for ceding jurisdiction to a foreign tribunal. Quite the contrary, the
immense public policy considerations attendant to this case behoove Philippine
tribunals to not shy away from their duty to rule on the case.
Human Relations; Abuse of Rights, Unjust Enrichment; Malicious
Prosecution; Independent Civil Action; Arts. 1724; 2142; 2154;

2164; 2176, NCC


Amonoy vs Gutierrez, 351 SCRA 731 (2001)
One who merely exercises ones rights does no actionable injury and
cannot be held liable for damages.
Albenson Enterprises Corp. vs CA,217 SCRA 18 (1993)
The elements of an abuse of right under article 19are the following: 1.
There is a legal right or duty; 2. Which is exercised in bad faith; 3. For
the sole intent of prejudicing or injuring another.
RCPI vs CA, 143 SCRA 657 (1986)
Dionela filed a complaint for damages against RCPI alleging that the
defamatory words on the telegram sent to him not only wounded his
feelings but also caused him undue embarrassment and affected his
business as well as because other people have come to know of said
defamatory words. There is a clear case of breach of contract by the
petitioner in adding extraneous and libelous matters in the message sent
to Dionela.
Constantino vs Mendez 209 SCRA 18 (1992)
Mere sexual intercourse is not by itself a basis for recovery. Damages
could only be awarded if sexual intercourse is not a product of
voluntariness and mutual desire.
Gashme Shookat Baksh vs CA,219 SCRA115 (1993)
Where a mans promise to marry is in fact the proximate cause of the
acceptance of his love by a woman and his representation to fulfill that
promise thereafter becomes the proximate cause of the giving of herself
unto him a sexual congress, proof that he had, in reality, no intention of
marrying her and that the promise was only a subtle scheme or deceptive
device to entice or inveigle her to accept him and to obtain her consent to
the sexual act, could justify the award of damages pursuant to article 21
of the new civil code not because of such promise to marry but because
of the fraud and deceit behind it and the wilful injury to her honor and
reputation which followed thereafter.
Figueroa vs. Barranco, SBC Case NO. 519. July 31, 1997 276 5CRA
445 - His engaging in premarital sexual relations with complainant and
promises to marry suggests a doubtful moral character on his part but
the same does not constitute grossly immoral conduct.
University of the East vs Jader, G.R. NO. 132344, Feb. 7, 2000 325
SCRA 805

A law student was allowed to graduate by his school with a failing grade
but was later on prohibited by the said school to take the bar exams. The
negligent act of a professor who fails to observe the rules of the school,
for instance by not promptly submitting a student's grade, is not only
imputable to the professor but is an act of the school, being his
employer.
UP v. Philab, G.R. NO. 152411, Sept. 29, 2004 439 SCRA 467
Whether or not UP is liable to pay PHILAB considering that it is only a
donee of FEMF, FEMF being the one which funded the project, and
despite being a donee, unjust enrichment still applies to UP. In order
that accion in rem verso may prosper, the essential elements must be
present: (1) that the defendant has been enriched, (2) that the plaintiff
has suffered a loss, (3) that the enrichment of the defendant is without
just or legal ground, and (4) that the plaintiff has no other action
based on contract, quasi-contract, crime or quasi-delict.
Beumer vs. Amores, G.R. NO. 195670, Dec. 03, 2012 686 SCRA 770
An action for recovery of what has been paid without just cause has been
designated as an accion in rem verso. This provision does not apply if, as
in this case, the action is proscribed by the Constitution or by the
application of the pari delicto doctrine.
Padalhin vs. Lavia, G.R. NO. 183026,Nov. 14, 2012 685 SCRA 549
Nestor himself admitted that he caused the taking of the pictures of
Lavina's residence without the latter's knowledge and consent. Nestor
violated the New Civil Code prescriptions concerning the privacy of one's
residence and he cannot hide behind the cloak of his supposed
benevolent intention to justify the invasion.
SPOUSES VELASCO v WATERFIELDS INDUSTRIES CORPORATION, G.R No.
177484, July 18, 2014
Waterfields Corp. and the spouses Manzanilla entered into a contract of lease. When
Waterfields breached the contract by failing to pay rent, the lessors brought an
ejectment suit. Waterfields claims that if it was ejected prior to the expiration of the
lease, it would be tantamount to unjust enrichment as Waterfields already introduced
substantial improvements on the property.
The principle of unjust enrichment requires two conditions: (1) that a person is
benefited without a valid basis or justification, and (2) that such benefit is derived at
the expense of another.

It does not, however, apply in this case since any benefit that the spouses Manzanilla
may obtain from the subject premises cannot be said to be without any valid basis or
justification. It is well to remind Waterfields that they violated the contract of lease
and that they failed to vacate the premises upon demand. Hence, the spouses
Manzanilla are justified in recovering the physical possession thereof and
consequently, in making use of the property. Besides, in violating the lease by failing
to pay the rent, Waterfields took the risk of losing the improvements it introduced
thereon in favor of the spouses Manzanilla.
WILLAWARE PRODUCTS CORPORATION vs. JESICHRIS MANUFACTURING
CORPORATION, G.R. No. 195549, September 3, 2014
Article 28 of the Civil Code provides that unfair competition in agricultural,
commercial or industrial enterprises or in labor through the use of force,
intimidation, deceit, machination or any other unjust, oppressive or high-handed
method shall give rise to a right of action by the person who thereby suffers damage.
What is being sought to be prevented is not competition per se but the use of unjust,
oppressive or highhanded methods which may deprive others of a fair chance to
engage in business or to earn a living. Thus, when a manufacturer of plastic
kitchenware products employed the former employees of a neighboring partnership
engaged in the manufacture of plastic automotive parts; deliberately copied the
latters products and even went to the extent of selling these products to the latters
customers, there is unfair competition.
LORIA vs. MUOZ, G.R. No. 187240, October 15, 2014
The principle of unjust enrichment has two conditions. First, a person must have
been benefited without a real or valid basis or justification. Second, the benefit was
derived at another persons expense or damage. In this case, Loria received
P2,000,000.00 from Muoz for a subcontract of a government project to dredge the
Masarawag and San Francisco Rivers in Guinobatan, Albay. However, contrary to the
parties agreement, Muoz was not subcontracted for the project. Nevertheless, Loria
retained the P2,000,000.00. Thus, Loria was unjustly enriched. He retained Muozs
money without valid basis or justification. Under Article 22 of the Civil Code of the
Philippines, Loria must return the P2,000,000.00 to Muoz.
Civil Personality; Birth; Death; Arts 37, 38, 39 40, 41, 42; 390, 391,
712, 777 NCC; Art. 41, 96 &124, 99 & 126, 142 FC
Geluz vs CA, July 20, 1961
It is unquestionable that the appellants act in provoking the abortion of
appellees wife, without medical necessity to warrant it, was a criminal
and morally reprehensible act, that cannot be to severely condemned;
and the consent of the woman or that of her husband does not excuse it.
But the immorality or illegality of the act does not justify an award of
damage that, under the circumstances on record, have no factual or legal

basis.
Quimiguing vs ICAO, 34 SCRA 132 (1970
A conceived child, although as yet unborn, is given by law a provisional
personality of its own for all purposes favorable to it, as explicitly
provided under article 40 of the civil code.
Continental Steel v. Montao, G.R. NO. 182836 , Oct.13, 2009 603
SCRA 621
Whether or not, a death of a fetus is considered a death of a dependent of
the parent. One need not acquire civil personality first before
he/she
could die. Even a child inside the womb already has life. No less than
the Constitution recognizes the life of the unborn from conception, that
the State must protect equally with the life of the mother. If the unborn
already has life, then the cessation thereof even prior to the child being
delivered, qualifies as death.
Domicile; Arts 50 & 51 NCC; Arts. 68 & 69, FC; Residence v.
Domicile; Annulment or Nullity of Marriages AM 02-11-10 SC;
Settlement of Estate
Marriage
Definition, Marriage as contract and social institution, Presumption
of Marriage, Proof of Marriage,Offer of Marriage
Tuazon vs CA, 256 SCRA 158
Our Family Law is based on the policy that marriage is not a mere
contract, but a social institution in which the State is vitally interested.
Perido vs Perido, 63 SCRA 97
It is the union (and inviolable social institution) of one man with one
woman for the reciprocal blessings of a domestic home life, and for the
birth, rearing, and education of children. In one case, the Supreme Court
ruled that marriage is also a new relation in the maintenance of which
the general public is interested.
People v. Casao, 220 SCRA 362
The offer of the accused to marry the victim establishes his guilt. As a
rule in rape cases, an offer of marriage is an admission of guilt

People vs. Borromeo,133 SCRA 106, 109 (1984)


Persons living together in apparent matrimony are presumed, in the
absence of any counter-presumption or evidence special to the case, to
be in fact married. The reason is that such is the common order of
society, and if the parties were not what they thus hold themselves out
as being, they would be living in the constant violation of decency and of
law.
People v. Ignacio, 81 SCAD 138 (1997)
Appellants own admission that she was married to the victim was a
confirmation of the semper praesumitur matrimonio and the presumption
that a man and a woman so deporting themselves as husband and wife
had verily acted into a lawful contract of marriage.
Proof of Marriage; Marriage Certificate v. Presumption of Marriage;
Torrens Title Entry Single, Civil Status;
Villanueva vs. CA, 198 SCRA 472 (1991)
The best documentary evidence of a marriage is the marriage contract. A
marriage contract renders unnecessary the presumption that a man and
a woman deporting themselves as husband and wife have entered into a
lawful contract of marriage.
Balogbog vs. CA, 269 SCRA 259, 266 (1997)
Although a marriage contract is considered primary evidence of marriage,
the failure to present it is not, however, proof that no marriage took
place, as other evidence may be presented to prove marriage.
People vs. Borromeo, 133 SCRA 106, 110

(1984)

The mere fact that no record of the marriage exists in the registry of
marriage does not invalidate said marriage, as long as in the celebration
thereof, all requisites for its validity are present. The forwarding of a copy
of the marriage certificate to the registry is not one of said requisites.
Pugeda vs. Trias, 4 SCRA 849, 855 (1962)
The defendants questioned the marriage of plaintiff by presenting the
records of the municipality of Rosario, Cavite to show that there is no
record of the alleged marriage. The court admitted evidence consisting of
the testimonies of witnesses.

Trinidad vs. Court of Appeals, et. al., 289 SCRA 188 (1998)
The Supreme Court held that the following may be presented as proof of
marriage: (a) testimony of a witness to the matrimony; (b) the couples
public and open cohabitation as husband and wife after the alleged
wedlock; (c) the birth and baptismal certificate of children born during
such union; and (d) the mention of such nuptial in subsequent
documents.
Hernandez vs. CA, 320 SCRA 76.
The law favors the validity of marriage because the State is interested in
the preservation of the family and sanctity of the family is a matter of
constitutional concern. The burden of proof to show the nullity of the
marriage rests upon the party seeking its nullity
Aonuevo v. Estate of Jalandoni G.R. NO. 178221, Dec. 1, 2010 636
SCRA 420
The birth certificate of Sylvia was presented to prove the marriage
between Isabel and John despite the absence of the marriage certificate.
The court held that the birth certificate may serve as evidence to prove
the marriage between Isabel and John , as it contains the following
notable entries: (a) that Isabel and John Desantis were "married" and (b)
that Sylvia is their "legitimate" child.
Villatuya v. Tabalingcos, A.C. NO. 6622 676 SCRA 37
A lawyer was married three times, while the first marriage was still
subsisting, his marriage contracts as certified by the NSO was presented
in the disbarment proceeding to prove his subsequent marriages. For
purposes of disbarment proceeding, these marriage contracts bearing the
name of respondent are competent and convincing evidence proving that
he committed bigamy.
Compare the case of Aonuevo v. Estate of Jalandoni and Villatuya
v. Tabalingcos A.C. NO. 6622 676 SCRA 37
Cario v. Cario, G.R. NO. 132529 , Feb. 02, 2001 351 SCRA 127
Whether or not the certification by the registrar of the non-existence of
marriage license is enough to prove non-issuance thereof. The records
reveal that the marriage contract of petitioner and the deceased bears no
marriage license number and, as certified by the Local Civil Registrar of
San Juan, Metro Manila, their office has no record of such marriage
license.
Requirements of Marriage

Essential requisite
Legal Capacity and Consent
Formal Requisite
Marriage License ; Civil Wedding v. Church Wedding; Certificate of
Civil Registrar;
Alcantara v. Alcantara, G.R. NO. 167746, Aug. 28,2007 531 SCRA
446
Whether or not, a marriage license issued by a municipality or city to a
non-resident invalidates the license. Issuance of a marriage license in a
city or municipality, not the residence of either of the contracting parties,
and issuance of a marriage license despite the absence of publication or
prior to the completion of the 10-day period for publication are
considered mere irregularities that do not affect the validity of the
marriage
Abbas v. Abbas, G.R. NO. 183896 , Jan. 30, 2013 689 SCRA 636
The Municipal Civil Registrar of Carmona, Cavite, where the marriage
license of Gloria and Syed was allegedly issued, issued a certification to
the effect that no such marriage license for Gloria and Syed was issued,
and that the serial number of the marriage license pertained to another
couple, Arlindo Getalado and Myra Mabilangan. The fact that the names
in said license do not correspond to those of Gloria and Syed does not
overturn the presumption that the registrar conducted a diligent search
of the records of her office.
Compare the case of Abbas v. Abbas and Alcantara v. Alcantara
Sy v. CA, G.R. NO. 127263 , Apr. 12, 2000 330 SCRA 550
In this case the marriage license was issued on September 17,1974,
almost one year after the ceremony took place on November 15, 1973.
The ineluctable conclusion is that the marriage was indeed contracted
without a marriage license.
Marriages Exempted from the License Requirement Art. 27 34 FC
Cruz v. Catandes, C.A., 39 O.G. NO. 18, p. 324
In a marriage in articulo mortis, while it is advisable that a witness to the
marriage should sign the dying partys signature if the latter be
physically unable to do so, still if upon order of the solemnizing official,
another person should so sign, the marriage is still valid. The law as

much as possible intends to give legal effect to a marriage. As a matter of


fact, no particular form for a marriage celebration is prescribed.
Soriano v. Felix, L-9005, June 20, 1958
The affidavit is for the purpose of proving the basis for exemption from
the marriage license. Even if there is failure on the part of the
solemnizing officer to execute the necessary affidavit, such irregularity
will not invalidate the marriage for the affidavit is not being required of
the parties.
People v. Dumpo, 62 Phil. 246
No judicial notice can be taken of Mohammedan rites and customs for
marriage. They must be alleged and proved in court.
Borja-Manzano vs. Sanchez, 354 SCRA 1, 5 (2001)
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.
Nial vs. Bayadog 328 SCRA 122, March 14, 2000
In this case, at the time of Pepito and respondents marriage, it cannot be
said that they have lived with each other as husband and wife for at least
five years prior to their wedding day because their cohabitation is not
exclusive. The Court ruled that the cohabitation contemplated under said
provisions must be in the nature of a perfect union that is valid under
the law but rendered imperfect only by the absence of the marriage
contract and characterized by exclusivity meaning nothird party was
involved at anytime within the 5 years andcontinuity that is unbroken.
Marriage Ceremony
Morigo vs People, 422 SCRA 376 (2004)
Petitioner and Lucia Barrette merely signed the marriage contract on
their own. The mere act of signing a marriage contract by the contracting
parties without the presence of the solemnizing officer will not result to
marriage.
Infante vs Arenas, June 29, 1951
The failure of the solemnizing officer to ask the parties whether they take
each other as husband and wife cannot be regarded as a fatal omission if
the parties nonetheless signed the marriage contract in the presence of
the solemnizing officer. A declaration of word of mouth of what the

parties and already stated in writing would be a mere repetition, so that


its omission should not be regarded as fatal.
People v. Opea, L-34954, Feb. 20, 1981
If a man and a woman deport themselves as if they were husband and
wife, they are presumed to be validly and legally married to each other
and this presumption is not rebutted by a mere denial by the man (or
woman) of the fact of marriage.
Persons who may solemnize Marriages
Araes v. Occiano, A.M. 02-1390 , April 11, 2002 380 SCRA 402
The respondent Judge solemnized marriage without the requisite
marriage license. Where a judge solemnizes a marriage outside his
courts jurisdiction, there is a resultant irregularity in the formal
requisite laid down in article 3, which while it may not affect the validity
of marriage, may subject the officiating official to administrative liability.
OCA vs. J. Necessario et al, A.M. NO. 07-1691,April 2, 2013 695
SCRA
The court does not accept the arguments of the respondent judges that
the ascertainment of the validity of the marriage license is beyond the
scope of the duty of a solemnizing officer especially when there are
glaring pieces of evidence that point to the contrary. As correctly
observed by the OCA, the presumption of regularity accorded to a
marriage license disappears the moment the marriage documents do not
appear regular on its face.
Compare the ruling of the court in the case of Cario v. Cario and
OCA vs. J. Necessario et al as to the duty of the solemnizing officer
to examine the validity of marriage license.
Marriage in good faith
Effect of Absence of Essential and Formal requisite
Arts. 15-17,50-5, NCC; Art.26, FC; Divorce [Filipino; Foreigner;
Parenting; Children, Property Rights; Succession rights]; Declaratory
Relief; Rule 108;; Art. 412 NCC
Rep. v. Orbecido, G.R. NO. 154380, Oct. 05, 2005 472 SCRA 114
Whether or not, a Filipino spouse of an alien, who
time of marriage, remarry after the latter acquires
allows her to remarry. The reckoning point is not
parties at the time of the celebration of the

is a Filipino at the
a foreign divorce that
the citizenship of the
marriage, but their

citizenship at the time a valid divorce is obtained abroad by the alien spouse
capacitating the latter to remarry.
Corpuz v. Sto. Tomas, G.R. NO. 186571, Aug. 11, 2010 628 SCRA
266
A judgment of divorce is a judicial decree, although a foreign one,
affecting a persons legal capacity and status that must be recorded. But
while the law requires the entry of the divorce decree in the civil registry,
the law and the submission of the decree by themselves do not ipso facto
authorize the decrees registration.
Classification of Marriages,
NCC;FC;AM 02-11-10 SC

Relationships.

Parties

In

Interest;

Valid
Voidable
Void
Terminable
Others

Classifications

Legal

Separation

Separation

in

Fact

Common Law Relationship


Void Marriages vs Voidable Marriages
Suntay vs. Conjuangco-Suntay, 300 SCRA 760, 770 (1998)
The fundamental distinction between void and voidable marriages is that
a void marriage is deemed never to have taken place at all and cannot be
the source of rights. On the other hand, a voidable marriage, is
considered valid and produces all its civil effects, until it is set aside by
final judgment of a competent court in an action for annulment
Declaration of Nullity; NCC v. FC, AM 02-11-10 SC; Civil Code and
Muslim Code [PD 1083]
Proper party to petition for nullity of marriage; AM 02-11-10 SC
Ablaza v. Republic, G.R. NO. 158298 , Aug. 11, 2010 628 SCRA 27
Indeed, a brother like the petitioner, albeit not a compulsory heir under
the laws of succession, has the right to succeed to the estate of
a
deceased brother under the conditions stated in Article 1001 and Article

1003 of the Civil Code Necessarily, therefore, the right of the petitioner to
bring the action hinges upon a prior determination of
whether
Cresenciano had any descendants, ascendants, or children (legitimate or
illegitimate), and of whether the petitioner was the late Cresencianos
surviving heir. Such prior determination must be made by the trial court,
for the inquiry thereon involves questions of fact.
Juliano-Llave v. Republic, G.R. NO. 169766 , Mar. 30, 2011 646
SCRA 637
The marriage between the late Sen. Tamano and Zorayda was celebrated
in 1958, solemnized under civil and Muslim rites. The only law in force
governing marriage relationships between Muslims and non-Muslims
alike was the Civil Code of 1950, under the provisions of which only one
marriage can exist at any given time.
Procedure in declaration of nullity of marriage
Carlos v. Sandoval G.R. NO. 179922 , Dec. 16, 2008 574 SCRA 116
Whether a marriage may be declared void ab initio through a judgment
on the pleadings or a summary judgment and without the benefit of a
trial. The grounds for declaration of absolute nullity of marriage must be
proved. Neither judgment on the pleadings nor summary judgment is
allowed. So is confession of judgment disallowed.
Bolos v. Bolos, G.R. NO. 186400 , Oct. 20, 2010 634 SCRA 429
Whether or not A.M. NO. 02-11-10-SC RULE ON DECLARATION OF
ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT OF
VOIDABLE MARRIAGES is applicable to marriages solemnized before
the effectivity of Family Code. NO. The Rule on Declaration of Absolute
Nullity of Void Marriages and Annulment of Voidable Marriages as
contained in A.M. NO. 02-11-10-SC which the Court promulgated on
March 15, 2003
Article 36, FC; AM 02-11-10 SC; See also Articles 48, 68-71, 220-221
& 225 FC
Psychological

Incapacity

Definition

Salita vs Hon. Magtolis ,June 13, 1994


The Committee did not give any examples of psychological incapacity for
fear that the giving of examples would limit the applicability of the
provision under the principle of ejusdem generis. Rather, the Committee
would like the judge to interpret the provision on a case-to-case basis,

guided by experience, the findings of experts and researchers in


psychological disciplines, and by decisions of church tribunals which,
although not binding on the civil courts, may be given persuasive effect
since the provision was taken from Canon Law.
KALAW vs. FERNANDEZ, G.R. No. 166357, January 14, 2015
Psychological incapacity is the downright incapacity or inability to take cognizance of
and to assume the basic marital obligations. The burden of proving psychological
incapacity is on the plaintiff. The plaintiff must prove that the incapacitated party,
based on his or her actions or behavior, suffers a serious psychological disorder that
completely disables him or her from understanding and discharging the essential
obligations of the marital state. The psychological problem must be grave, must have
existed at the time of marriage, and must be incurable.
KALAW VS. FERNANDEZ, G.R. No. 166357. January 14, 2015
The petitioner failed to prove that his wife (respondent) suffers from psychological
incapacity. He presented the testimonies of two supposed expert witnesses who
concluded that respondent is psychologically incapacitated. They heavily relied on
petitioners allegations of respondents constant mahjong sessions, visits to the
beauty parlor, going out with friends, adultery, and neglect of their children.
Respondent admittedly played mahjong, but it was not proven that she engaged in
mahjong so frequently that she neglected her duties as a mother and a wife.
Respondent refuted petitioners allegations that she played four to five times a week.
She maintained it was only two to three times a week and always with the permission
of her husband and without abandoning her children at home. With regard to
adultery, the Supreme Court held that extramarital affair with another man, that one
instance of sexual infidelity cannot, by itself, be equated with obsessive need for
attention from other men. Sexual infidelity per se is a ground for legal separation, but
it does not necessarily constitute psychological incapacity.
VIAS vs. PAREL-VIAS, G.R. No. 208790, January 21, 2015
The lack of personal examination or assessment by a psychologist or psychiatrist is
not necessarily fatal in a petition for the declaration of nullity of marriage. If the
totality of evidence presented is enough to sustain a finding of psychological
incapacity, then actual medical examination of the person concerned need not be
resorted to. In the case at bar, the assessment of the psychological incapacity of the
wife was based solely on the information provided by the husband whose bias in
favor of his cause cannot be doubted. While this circumstance alone does not
disqualify the psychologist for reasons of bias, her report, testimony and conclusions
deserve the application of a more rigid and stringent set of standards. Hence, if the
totality of the evidence presented provides inadequate basis to warrant the
conclusion that a psychological incapacity existed that prevented her from complying
with the essential obligations of marriage, the declaration of the nullity of the
marriage cannot be obtained. It has been settled that irreconcilable differences,

sexual infidelity or perversion, emotional immaturity and irresponsibility, and the


like, do not by themselves warrant a finding of psychological incapacity under Article
36, as the same may only be due to a persons refusal or unwillingness to assume the
essential obligations of marriage and not due to some psychological illness that is
contemplated by said rule.

Characteristics of Psychological Incapacity


Santos v. Court of Appeals, 240 SCRA 20 (1995)
The Supreme Court enumerated the three basic requirements of
psychological incapacity as a ground for declaration of nullity of the
marriage: (a) gravity; (b) juridical antecedence; and (c) incurability.
MALLILIN vs. JAMESOLAMIN AND THE REPUBLIC OF THE PHILIPPINES, G.R. No.
192718, February 18, 2015
The alleged failure of Luz to assume her duties as a wife and as a mother, as well as
her emotional immaturity, irresponsibility and infidelity, cannot rise to the level of
psychological incapacity that justifies the nullification of the parties' marriage.
Psychological incapacity as required by Article 36 must be characterized by (a)
gravity, (b) juridical antecedence and (c) incurability. The 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. The
decision of the NAMT was based on the second paragraph of Canon 1095 which
refers to those who suffer from a grave lack of discretion of judgment concerning
essential matrimonial rights and obligations to be mutually given and accepted, a
cause not of psychological nature under Article 36 of the Family Code. A cause of
psychological nature similar to Article 36 is covered by the third paragraph of Canon
1095 of the Code of Canon Law.
Guidelines in the interpretation and application of Article 36; AM 0211-10 SC
Republic of the Philippines vs. Court of Appeals and Molina, 268
SCRA 198, 212 (1997)
The burden of proof to show the nullity of the marriage belongs to the
plaintiff. Any doubt should be resolved in favor of the existence and
continuation of the marriage and against its dissolution and nullity.
Republic vs. Quintero-Hamano, 428 SCRA 735 (2004).

According to the appellate court, the requirements in Molina and Santos


do not apply here because the present case involves a mixed marriage,
the husband being a Japanese national. The court held that in proving
psychological incapacity, we find no distinction between an alien spouse
and a Filipino spouse.
Failure to comply with the Essential Marital Obligations
Chi Ming Tsoi vs CA, 266 SCRA 324 (1997)
In this case, there was no sexual contact between the parties since their
marriage on May 22, 1988 up to Mar. 15, 1989 or for almost a year. The
senseless and protracted refusal of one of the parties of sexual
cooperation for the procreation of children is equivalent to psychological
incapacity.
Marable v. Marable G.R. NO. 178741, Jan. 17, 2011 639 SCRA 557
The appellate court correctly ruled that the report of Dr. Tayag failed to
explain the root cause of petitioners alleged psychological incapacity.
The evaluation of Dr. Tayag merely made a general conclusion that
petitioner is suffering from an Anti-social Personality Disorder but there
was no factual basis stated for the finding that petitioner is a socially
deviant person, rebellious, impulsive, self-centered and deceitful.
Ochosa v. Alano, G.R. NO. 167459 , Jan. 26, 2011 640 SCRA 517
In this case the court proved that respondent was the sex partner ofmany
military officials. In view of the foregoing, the badges of Bonas alleged
psychological incapacity, i.e., her sexual infidelity and abandonment, can
only be convincingly traced to the period of time after her marriage to
Jose and not to the inception of the said marriage.
Yambao v. REP., G.R. NO. 184063 , Jan. 24, 2011 640 SCRA 355
Article 36 contemplates incapacity or inability to take cognizance of
and to assume basic marital obligations and not merely difficulty,
refusal, or neglect in the performance of marital obligations or ill will.
Rep. v. Galang G.R. NO. 168335 , Jun. 6, 2011 650 SCRA 524
In like manner, Juvys acts of falsifying the respondents signature to
encash a check, of stealing the respondents ATM, and of squandering a
huge portion of the P15,000.00 that the respondent entrusted to her,
while no doubt reprehensible, cannot automatically be equated with a
psychological disorder, especially when the evidence shows that these
were mere isolated incidents and not recurring acts.

Aurelio v. Aurelio, G.R. NO. 175367 , Jun. 6, 2011 650 SCRA 561
Whether or not a petition for nullity of marriage on the ground of
psychological incapacity may be dismiss for failure to comply with the
guidelines set forth in the Molina Ruling. Let it be remembered that each
case involving the application of Article 36 must be treated distinctly and
judged not on the basis of a priori assumptions, predilections or
generalizations but according to its own attendant facts.
Kalaw v. Fernandez, G.R. NO. 166357 , Sept 19, 2011 657 SCRA 822
He presented the testimonies of two supposed expert witnesses who
concluded that respondent is psychologically incapacitated, but the
conclusions of these witnesses were premised on the alleged acts or
behavior of respondent which had not been sufficiently proven. Sexual
infidelity per se is a G.R.ound for legal separation, but it does not
necessarily constitute psychological incapacity.
Toring v. Toring, G.R. NO. 165321 , Aug. 03, 2010 626 SCRA 389
We are in no way convinced that a mere narration of the statements of
Ricardo and Richardson, coupled with the results of the psychological
tests administered only on Ricardo, without more, already constitutes
sufficient basis for the conclusion that Teresita suffered from Narcissistic
Personality Disorder. This Court has long been negatively critical in
considering psychological evaluations, presented in evidence, derived
solely from one-sided sources, particularly from the spouse seeking the
nullity of the marriage.
Baccay v. Baccay, G.R. No 173138 , Dec, 1, 2010 636 SCRA 350
In this case, the totality of evidence presented by Noel was not sufficient
to sustain a finding that Maribel was psychologically incapacitated. Noels
evidence merely established that Maribel refused to have sexual intercourse
with him after their marriage, and that she left him after their quarrel
when he confronted her about her alleged miscarriage.
Agraviador v. Agraviador G.R.NO.170729 , Dec. 08, 2010 637 SCRA
519
In the present case, the petitioners testimony failed to establish that the
respondents condition is a manifestation of a disordered personality
rooted on some incapacitating or debilitating psychological condition that
makes her completely unable to discharge the essential marital
obligations. If at all, the petitioner merely showed that the respondent
had some personality defects that showed their manifestation during the
marriage; his testimony sorely lacked details necessary to establish that
the respondents defects existed at the inception of the marriage.

Mendoza v. Republic, G.R. NO. 157649,Nov 12, 2012 685 SCRA 16


Here, the experts testimony on Dominics psychological profile did not
identify, much less prove, the root cause of his psychological incapacity
because said expert did not examine Dominic in person before
completing her report but simply relied on other peoples recollection and
opinion for that purpose. Expert evidence submitted here did not
establish the precise cause of the supposed psychological incapacity of
Dominic, much less show that the psychological incapacity existed at the
inception of the marriage.
Republic v. Encelan, G.R. NO. 170022 , Jan. 9, 2013 688 SCRA 215
In any event, sexual infidelity and abandonment of the conjugal dwelling,
even if true, do not necessarily constitute psychological incapacity; these
are simply grounds for legal separation. To constitute psychological
incapacity, it must be shown that the unfaithfulness and abandonment
are manifestations of a disordered personality that completely prevented
the erring spouse from discharging the essential marital obligations.
Evidentiary requirement
Marcos vs Marcos, 343 SCRA 755 (2000)
If the totality of evidence presented is enough to sustain a finding of
psychological incapacity, then actual medical examination of the person
concerned need not be resorted to.
Award of Moral Damages
Buenaventura vs CA, 454 SCRA 261 (2005)
By declaring the petitioner as psychologically incapacitated, thepossibility
of awarding moral damages on the same set of facts wasnegated.
The award of moral damages should be predicated, not on the mere act
of entering into the marriage, but on specific evidence that it was done
deliberately and with malice by a party who had knowledge of his or her
disability and yet willfully concealed the same.
Prescription
Nial v. Bayadog G.R. NO. 133778=, Mar. 14, 2000 328 SCRA 122
The action or defense for nullity is imprescriptible, unlike voidable
marriages where the action prescribes. Only the parties to a voidable
marriage can assail it but any proper interested party may attack a void
marriage.

Declaration of Nullity; Art.40; Prejudicial Question- Section 7, Rule


117, 2000 Rules of Criminal Procedure; Arts.35 (4) & 41, FC; Art.349
RPC; Civil & Criminal Bigamy; Art. 83, NCC
Judicial Declaration of nullity of marriages
Ablaza v. Republic, G.R. NO. 158298 , Aug. 11, 2010 628 SCRA 27
Other than for purposes of remarriage, no judicial action is necessary to
declare a marriage an absolute nullity. For other purposes, such as but
not limited to determination of heirship, legitimacy or illegitimacy of a
child, settlement of estate, dissolution of property regime, or a criminalcase
for that matter, the court may pass upon the validity of marriage even in
a suit not directly instituted to question the same so long as it isessential
to the determination of the case.
Atienza vs. Brillantes, Jr., 243 SCRA 32,35 (1995)
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.
Mercado vs. Tan, 337 SCRA 122 (2000)
A judicial declaration of nullity of a previous marriage is necessary before
a subsequent one can be legally contracted and that one who enters into
a subsequent marriage without first obtaining such judicial declaration
is guilty of bigamy.
Morigo v. People, G.R. NO. 145226, Feb. 06, 2004 422 SCRA 376
The existence and the validity of the first marriage being an essential
element of the crime of bigamy, it is but logical that a conviction for said
offense cannot be sustained where there is no first marriage to speak of.
Jarillo v.People, G.R. NO.164435 , Sept. 29, 2009 601 SCRA 236
Whether or not the declaration of the first marriage as void ab initio on
the ground of psychological incapacity is a defense for the crime of
bigamy. In this case, even if petitioner eventually obtained a declaration
that his first marriage was void ab initio, the point is, both the first and
the second marriage were subsisting before the first marriage was
annulled.
Tenebro v. CA, G.R. NO. 150758 , Feb. 18, 2004 423 SCRA 272
Whether or not, the nullity of the second marriage on the Ground of PIis
a valid defense for the crime of bigamy. The declaration of the nullity of

the second marriage on the ground of psychological incapacity is not an


indicator that petitioners marriage to Ancajas lacks the essential
requisites for validity.
Antone v. Beronilla, G.R. NO.183824, Dec. 08, 2010 637 SCRA

615

To conclude, the issue on the declaration of nullity of the marriage


between petitioner and respondent only after the latter contracted the
subsequent marriage is, therefore, immaterial for the purpose of
establishing that the facts alleged in the information for Bigamy does not
constitute an offense. Following the same rationale, neither may such
defense be interposed by the respondent in his motion to quash by way
of exception to the established rule that facts contrary to the allegations
in the information are matters of defense which may be raised only
during the presentation of evidence.
Teves v. People, G.R. NO. 188775 , Aug 24, 2011 656 SCRA

307

The crime of bigamy was committed by petitioner on 10 December 2001


when he contracted a second marriage with Edita. The finality on 27
June 2006 of the judicial declaration of the nullity of his previous
marriage to Thelma cannot be made to retroact to the date of the
bigamous marriage.
Nollora v. People, G.R. NO.191425 , Sept. 7, 2011 657 SCRA 330
Indeed, Article 13(2) of the Code of Muslim Personal Laws states that
"[i]n case of a marriage between a Muslim and a non-Muslim, solemnized
not in accordance with Muslim law or this Code, the [Family Code of the
Philippines, or Executive Order NO. 209, in lieu of the Civil Code of the
Philippines] shall apply." Thus, regardless of his professed religion,
Nollora cannot claim exemption from liability for the crime of bigamy.
Villatuya v. Tabalingcos, A.C. NO. 6622 , July 10, 2012 676 SCRA 37
Respondent exhibited a deplorable lack of that deG.R.ee of morality
required of him as a member of the bar. He made a mockery of marriage,
a sacred institution demanding respect and dignity.
Subsequent Bigamous Marriage under art. 41
Arts. 41- 44, 49 FC; Art.83 (2) NCC;
Judicial Declaration of Presumptive Death
Armas v. Calisterio, G.R. NO.136467, Apr. 06, 2000 330 SCRA 201
Whether or not, the rule under the FC, that a judicial declaration of
presumptive death of the absent spouse is necessary before the present
spouse can remarry, has a retroactive effect. A judicial declaration
of

absence of the absentee spouse is not necessary as long as the


prescribed period of absence is met. It is equally noteworthy that the
marriage in these exceptional cases are, by the explicit mandate of Article
83, to be deemed valid "until declared null and void by a competent
court."
SANTOS vs. SANTOS, G.R. No. 187061, October 08, 2014
The proper remedy for a judicial declaration of presumptive death obtained by
extrinsic fraud is an action to annul the judgment. An affidavit of reappearance is not
the proper remedy when the person declared presumptively dead has never been
absent.
Requisites for declaration of presumptive Death
Rep. v. Nolasco, G.R. NO. 94053 , Mar. 17, 1993 220 SCRA 20
In the case at bar, the Court considers that the investigation allegedly
conducted by respondent in his attempt to ascertain Janet Monica Parker's
whereabouts is too sketchy to form the basis of a reasonable or wellfounded belief that she was already dead. When he arrived in San Jose,
Antique after learning of Janet Monica's departure, instead of seeking the
help of local authorities or of the British Embassy, he secured another
seaman's contract and went to London, a vast city of many millions of
inhabitants, to look for her there.
Retroactive application of Art. 41
Valdez v. Republic, G.R. NO.180863 , Sept. 08, 2009 598 SCRA 646
Since death is presumed to have taken place by the seventh year of
absence, Sofio is to be presumed dead starting October 1982. To
retroactively apply the provisions of the Family Code requiring petitioner
to exhibit "well-founded belief" will, ultimately, result in the invalidation
of her second marriage, which was valid at the time it was celebrated.
Effects of Declaration of Presumptive Death
Effects of Recording of Affidavit of

Reapperance

Procedural rules of declaration of Presumptive Death


Rep. v. Tango, G.R. NO.161062 , Jul. 31, 2009 594 SCRA 560
By express provision of law, the judgment of the court in a summary
proceeding shall be immediately final and executory. As a matter of
course, it follows that no appeal can be had of the trial courts judgment
in a summary proceeding for the declaration of presumptive death of an
absent spouse under Article 41 of the Family Code

Navarro v. Domogtoy, A.M. NO.MTJ-96-1088, Jul. 19, 1996 259


SCRA 129
Even if the spouse present has a well-founded belief that the absent
spouse was already dead, a summary proceeding for the declaration of
presumptive death is necessary in order to contract a subsequentmarriage,
a
mandatory
requirement
which
has
been
precisely
incorporated into the Family Code to discourage subsequent marriages
where it is not proven that the previous marriage has been dissolved or a
missing spouse is factually or presumptively dead, in accordance with
pertinent provisions of law.
Rep. v. Bermudez-Lorino, G.R. NO. 160258 , Jan. 19, 2005
SCRA 57

449

Although the result of the Court of Appeals denial of the appeal would
apparently be the same, there is a big difference between having the
supposed appeal dismissed for lack of jurisdiction by virtue of the fact
that the RTC decision sought to be appealed is immediately final and
executory, and the denial of the appeal for lack of merit. In the former,
the supposed appellee can immediately ask for the issuance of an Entry
of Judgment in the RTC, whereas, in the latter, the appellant can still
raise the matter to this Court on petition for review and the RTC
judgment cannot be executed until this Court makes the final
pronouncement.
Rep. v. Granada, G.R. NO. 187512, June 13, 2012 672 SCRA 432
As a matter of course, it follows that no appeal can be had of the trialcourt's
judgment in a summary proceeding for the declaration of presumptive
death of an absent spouse under Article 41 of the Family Code. It goes
without saying, however, that an agG.R.ieved party may file a petition for
certiorari to question abuse of discretion amounting to lack of
jurisdiction.
Terminable Marriage; Art. 43 44 FC
Effects of termination of subsequent marriage
Effects of Bad Faith
Armas v. Calisterio, G.R. NO.136467, Apr. 06, 2000 330 SCRA 201
Bad faith imports a dishonest purpose or some moral obliquity and
conscious doing of wrong it partakes of the nature of fraud, a breach of a
known duty through some motive of interest or ill-will.
Voidable Marriages; Art. 45- 49 FC

Definition
Suntay vs. Cojuangco-Suntay, 300 SCRA 760, 771 (1998)
A voidable marriage is considered valid and produces all its civil effects
until it is set aside by final judgment of a competent court in an action
for annulment. The terms annul and null and void have different legal
connotationsand implications. Annul means to reduce to nothing; to
nullify; to abolish; to do away with; whereas, null and void is something
that does not exist from the beginning.
Characteristics

of

Voidable

Marriages

Proper party to file annulment of Marriage


Grounds
Ratification and prescription
Procedural rules of annulment of marriage and declaration of nullity
Tuazon vs. Court of Appeals, 256 SCRA 158 (1996)
The prosecuting attorney or fiscal may oppose the application for legal
separation or annulment (or declaration of nullity of marriages) through
the presentation of his own evidence, if in his opinion, the proof adduced
is dubious and fabricated.
Effects of judicial declaration of nullity of Marriage ; Art. 50-54
Title II. LEGAL SEPARATION (Articles 55-67)
Concept
Distinction of annulment and absolute divorce
Grounds
Ong v. Ong, G.R. NO. 153206 , Oct. 23, 2006 505 SCRA 76
Also without merit is the argument of William that since Lucita has
abandoned the family, a decree of legal separation should not be granted,
following Art. 56, par. (4) of the Family Code which provides that legal
separation shall be denied when both parties have given ground for legal
separation. The abandonment referred to by the Family Code is
abandonment without justifiable cause for more than one year.
De facto Separation vs. Legal Separation, Article 63

Manzano vs. Sanchez, A.M. NO.00-1329, Mar. 08, 2001 354 SCRA 1
The fact that Manzano and Payao had been living apart from their
respective spouses for a long time already is immaterial. Article 63(1) of
the Family Code allows spouses who have obtained a decree of legal
separation to live separately from each other, but in such a case the
marriage bonds are not severed.
SSS v. Aguas, G.R. NO. 165546 , Feb. 27, 2006 483 SCRA 383
On the claims of Rosanna, it bears stressing that for her to qualify as a
primary beneficiary, she must prove that she was "the legitimate spouse
dependent for support from the employee, whether one is actually
dependent for support upon the other is something that has to be shown;
it cannot be presumed from the fact of marriage alone. The obvious
conclusion then is that a wife who is already separated de facto from her
husband cannot be said to be "dependent for support" upon the
husband, absent any showing to the contrary.
Defenses in Legal Separation Art. 56- 57
Cooling off period; Art. 58 59
Pacete vs. Carriaga, Jr., G.R. NO. L-53880, March 17, 1994.
In this interim, the court should take steps toward getting the parties to
reconcile.
Somosa-Ramos vs. Vamenta, Jr., G.R. NO. L-34132, July 29,1972
During this period, the court where the action is pending shall remain
passive and is precluded from hearing the suit.
Rule of Procedure on Legal Separation (A.M. NO. 02-11-11 SC);
Rule on Provisional Orders (AM 02-11-12 SC);
Baez vs. Baez, G.R. NO. 132592 , Jan. 23, 2002 374 SCRA 340
The effects of legal separation, such as entitlement to live separately,
dissolution and liquidation of the absolute community or conjugal
partnership, and custody of the minor children, follow from the decree of
legal separation. They are not separate or distinct matters that may be
resolved by the court and become final prior to or apart from the decree
of legal separation.
Pacete vs. Carriaga, G.R. NO. 53880, Mar. 17, 1994 231 SCRA

321

Whether or not, the order declaring in default a respondent in a legal


separation case amounts to grave abuse of discretion. In case of nonappearance of the defendant, the court shall order the prosecuting
attorney to inquire whether or not a collusion between the parties exists.
If there is no collusion, the prosecuting attorney shall intervene for the
State in order to take care that the evidence for the plaintiff is not
fabricated.
Quiao vs. Quiao, G.R. NO.176556 , July 4, 2012 675 SCRA 642
When the trial court issued its order dated November 8, 2006, it held
that although the Decision dated October 10, 2005 has become final and
executory, it may still consider the Motion for Clarification because the
petitioner simply wanted to clarify the meaning of "net profit earned."
Title III. RIGHTS AND OBLIGATIONS BETWEEN HUSBAND & WIFE
(Arts 68-73)
Ilusorio v. Bildner, G.R. NO. 139789 , May 12, 200 332 SCRA

169

Marital rights including coverture and living in conjugal dwelling may not
be enforced by the extra-ordinary writ of habeas corpus. With his full
mental capacity coupled with the right of choice, Potenciano Ilusorio may
not be the subject of visitation rights against his free choice. Otherwise,
we will deprive him of his right to privacy.
Go vs. CA G.R. NO.114791, May 29, 1997 272 SCRA 752
Under Article 117 of the Civil Code (now Article 73 of the Family Code),
the wife may exercise any profession, occupation or engage in business
without the consent of the husband. In the instant case, we are
convinced that it was only petitioner Nancy Go who entered into the
contract with private respondent.
Family expenses and management of the

household

TITLE IV. PROPERTY RELATIONS BET. HUSBAND & WIFE (Articles


74- 148)
CHAPTER 1. GENERAL PROVISIONS;
(Articles 74-81, FC; Art. 119, NCC)

Pre-nuptial

Agreement;

Concept
PHILIPPINE NATIONAL BANK v GARCIA et al, G.R No. 182839, June 2, 2014
Registration of a property alone in the name of one spouse does not destroy its
conjugal nature. What is material is the time when the property was acquired. The
registration of the property is not conclusive evidence of the exclusive ownership of

the husband or the wife. Although the property appears to be registered in the name
of the husband, it has the inherent character of conjugal property if it was acquired
for valuable consideration during marriage. In order to rebut the presumptive
conjugal nature of the property, the petitioner must present strong, clear and
convincing evidence of exclusive ownership of one of the spouses. The burden of
proving that the property belongs exclusively to the wife or to the husband rests
upon the party asserting it.
MENDOZA v FERMIN, G.R No. 177235, July 7, 2014
As Leonardo and Serconsision were married sometime in 1985, the applicable
provision governing the property relations of the spouses is Article 172 of the Civil
Code of the Philippines which states that the wife cannot bind the conjugal
partnership without the husbands consent. The disposal by the wife of their
conjugal property without the husbands consent is voidable under Article 173,
which states that contracts entered by the husband without the consent of the wife
when such consent is required are annullable at her instance during the marriage
and within ten years from the transaction questioned.
In the present case, the fictitious Deed of Absolute Sale was executed on September
22, 1986, one month after Leonardo died. Auroras one of the heirs and the duly
appointed administratrix of Leonardos estate, had the right therefore to seek for the
annulment of the Deed of Sale as it deprived her and the other legal heirs of
Leonardo of their hereditary rights.
LAVADIA v HEIRS OF JUAN LUCES LUNA, G.R No. 171914, July 23, 2014
Due to the second marriage between Atty. Luna and the petitioner being void ab initio
by virtue of its being bigamous, the properties acquired during the bigamous
marriage were governed by the rules on co-ownership, conformably with Article 144
of the Civil Code.
In such a situation, whoever alleges co-ownership carried the burden of proof to
confirm such fact. To establish co-ownership, therefore, it became imperative for the
Lavadia to offer proof of her actual contributions in the acquisition of property. Her
mere allegation of co-ownership, without sufficient and competent evidence, would
warrant no relief in her favor.
BARRIDO vs. NONATO, G.R. No. 176492, October 20, 2014
After the marriage of petitioner and respondent has been declared void, petitioner
filed a complaint for the partition of the house and lot obtained by them during their
marriage. The SC ruled that what governs them is Art. 147 of the Family Code. Under
this article, property acquired by both spouses through their work and industry shall
be governed by the rules on equal co-ownership. Any property acquired during the
union is prima facie presumed to have been obtained through their joint efforts. A
party who did not participate in the acquisition of the property shall be considered as

having contributed to the same jointly if said party's efforts consisted in the care and
maintenance of the family household. Efforts in the care and maintenance of the
family and household are regarded as contributions to the acquisition of common
property by one who has no salary or income or work or industry. In the case at bar
since the former spouses both agreed that they acquired the subject property during
the subsistence of their marriage, it shall be presumed to have been obtained by their
joint efforts, work or industry, thus, the property is jointly owned by them in equal
shares.
Property regime by default
LIM vs. EQUITABLE PCI BANK, now known as the BANCO DE ORO UNIBANK INC.,
January 15, 2014
All property of the marriage is presumed to be conjugal, unless it is shown that it is
owned exclusively by the husband or the wife; that this presumption is not overcome
by the fact that the property is registered in the name of the husband or the wife
alone 2and that the consent of both spouses is required before a conjugal property
may be mortgaged. However, we find it iniquitous to apply the foregoing
presumption especially since the nature of the mortgaged property was never raised
as an issue before the RTC, the CA, and even before this Court. In fact, petitioner
never alleged in his Complaint that the said property was conjugal in nature.
Marriage settlement
Parties to Marriage

settlement

Laws governing Property Relations


CHAPTER 2. DONATIONS BY REASON OF MARRIAGE (Articles 8287)
Donation Propter Nuptias
Serrano vs. Solomon, G.R. NO. L-12093, June 29, 1959
The following donations are not donations propter nuptias: (1) those made
in favor of the spouses after the celebration of marriage; (2) those
executed in favor of the future spouses but not in consideration of the
marriage; and (3) those Ggranted to persons other than the spouses even
though they may be founded on the marriage
Rules governing Donation propter nuptias
Heirs of Segunda Maningding vs. CA, 276 SCRA 601 (1997)
Even if the donation proper nuptias is void for failure to comply with
formal requisites, it could still constitute as legal basis for adverse

possession.
Valencia v. Locquiao, G.R. NO. 122134, Oct. 3, 200 412 SCRA

600

Under the Old Civil Code, donations propter nuptias must be made in a
public instrument in which the property donated must be specifically
described. However, Article 1330 of the same Code provides that
"acceptance is not necessary to the validity of such gifts". In
other words, the celebration of the marriage between the beneficiary
couple, in tandem with compliance with the prescribed form, was enough
to effectuate the donation propter nuptias under the Old Civil Code.
Donation

between

the

parties

Donation of future properties


Revocation of Donation Propter Nuptias
Donation between Spouses
Agapay vs. Palang, G.R. NO. 116668 , Jul. 28, 1997 276 SCRA 340
Article 87 of the Family Code expressly provides that the prohibition
against donations between spouses now applies to donations between
persons living together as husband and wife without a valid marriage, for
otherwise, the condition of those who incurred guilt would turn out to be
better than those in legal union.
Arcaba vs. Batocael, G.R. NO.146683 , Nov.22, 2001 370 SCRA 414
Respondents having proven by a preponderance of evidence that Cirila
and Francisco lived together as husband and wife without a valid
marriage, the inescapable conclusion is that the donation made by
Francisco in favor of Cirila is void under Art. 87 of the Family Code.
CHAPTER 3. SYSTEM OF ABSOLUTE COMMUNITY (Articles
R.A. 8369

88-104);

Section 1. General Provisions (Articles 88-90)


Section 2. What constitutes Community Property (Articles 91-93)
Section 3. Charges Upon & Obligations of the Absolute Community
(Articles 94-95)
Section 4. Ownership, Administration, Enjoyment & Disposition of
the Community Property (Articles 96-98)
Section 5. Dissolution of Absolute Community Regime (Arts 99-101)

Section 6. Liquidation of the Absolute Community


Liabilities (Arts 102-104); Succession; Probate;
Sec.

3,

Rule

Assets

&

87

Rules governing ACP


Commencement of the ACP
Prohibition on waiver of Rights, Interest, Shares and Effects
Abalos vs Macatangay Jr., 439 SCRA 649, 662-663 (2004).
Prior to the liquidation of the conjugal partnership, the interest of each
spouse in the conjugal assets is inchoate, a mere expectancy, which
constitutes neither a legal nor an equitable estate, and does not ripen
into title until it appears that there are assets in the community as a
result of the liquidation and settlement. The interest of each spouse is
limited to the net remainder or remanente liquido (haber ganancial)
resulting from the liquidation of the affairs of the partnership after its
dissolution.
CHAPTER 3. SYSTEM OF ABSOLUTE COMMUNITY (Articles
R.A. 8369

88-104);

Section 1. General Provisions (Articles 88-90)


Section 2. What constitutes Community Property (Articles 91-93)
Section 3. Charges Upon & Obligations of the Absolute Community
(Articles 94-95)
Section 4. Ownership, Administration, Enjoyment & Disposition of
the Community Property (Articles 96-98)
Section 5. Dissolution of Absolute Community Regime (Arts 99-101)
Section 6. Liquidation of the Absolute Community
Liabilities (Arts 102-104); Succession; Probate;

Assets

&

Sec. 3, Rule 87
Concept
Homeowners Savings & Loan Bank vs. Dailo, 453 SCRA 283, 290
(2005)
The regime of conjugal partnership of gains is a special type of
partnership, where 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.
Rules governing

CPG

Commencement of CPG
Prohibition on waiver of Rights, Interest, Shares and Effects
Quiao vs. Quiao G.R. NO. 176556 , July 4, 2012 675 SCRA 642
In this provision, net 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."
General Provisions
Dewara v. Lamela G.R. NO. 179010, Apr. 11, 2011 647 SCRA 483
All property of the marriage is presumed to belong to the conjugal
partnership, unless it be proved that it pertains exclusively to the husband
or to the wife. Registration in the name of the husband or the wife
alone does not destroy this presumption.
De Leon v. De Leon G.R. NO. 185063 , Jul. 23, 2009 593 SCRA 768
In the case at bar, ownership over what was once a PHHC lot and
covered by the PHHC-Bonifacio Conditional Contract to Sell was only
transferred during the marriage of Bonifacio and Anita. Evidently, title to
the property in question only passed to Bonifacio after he had fully paid
the purchase price on June 22, 1970.
Section 2. Exclusive Property of Each Spouse (Articles 109-115)
Villegas v. Lingan G.R. NO. 153839 , Jun. 29, 2007 526 SCRA 63
Consequently, as correctly held by the CA, Marilou acquired ownership
of the subject property. All rights and title of the judgment obligor are
transferred upon the expiration of the right of redemption. And where the
redemption is made under a property regime governed by the conjugal
partnership of gains, Article 109 of the Family Code provides that
property acquired by right of redemption is the exclusive property of the
spouses redeeming the property.
Section 3. Conjugal Partnership Property (Articles 116-120); Article

160 NCC
Presumption in Favor of Conjugality
Tan vs. CA, 273 SCRA 229, 236 (1997)
For the presumption to apply, it is not even necessary to prove that the
property was acquired with funds of the partnership. In fact, even when
the manner in which the property was acquired does not appear, the
presumption applies and it will be considered conjugal property.
Imani v. MBTC, G.R. NO.187023,Nov. 17, 2010 635 SCRA

357

The party who invokes it must first prove that the property was acquired
during the marriage. Proof of acquisition during the coverture is a
condition sine qua non to the operation of the presumption in favor of
the conjugal partnership.
Pisuea vs. Heirs of Petra Unating, G.R. NO. 132803 , Aug. 31, 1999
313 SCRA 384
The words "married to" were merely descriptive of Petra Unating's status
at the time the lot was awarded and registered in her name. Since Petra
Unating did not leave any other property, will or debt upon her demise in
1948, the property in question was thus inherited by her children, Felix
and Catalina Villar; and her husband, Aquilino Villar.
Improvement

on

Separate

Property

Determination of Ownership
Ferrer v. Ferrer, G.R. NO.166496 , Nov. 29, 2006 508 SCRA 570
The obligation to reimburse rests on the spouse upon whom ownership
of the entire property is vested. There is no obligation on the part of the
purchaser of the property, in case the property is sold by the ownerspouse.
Section 4.Charges Upon & Oblig.of the Conjugal Partnership (Articles
121-123)
Alipio vs. Court of Appeals, G.R. NO. 134100, Sept. 29,

2000.

A creditor cannot sue the surviving spouse of a decedent in an ordinary


proceeding for the collection of a sum of money chargeable against the
conjugal partnership and that the proper remedy is for him to file a claim
in the settlement of estate of the decedent.

Homeowners Savings & Loan Bank vs. Dailo, 453 SCRA 283 (2005)
The burden of proof that the debt was contracted for the benefit of the
conjugal partnership of gains lies with the creditor-party litigant claiming
as such.
Ayala Investment & Development Corp. vs. Court of Appeals, 286
SCRA 272 (1998)
Where the husband contracts obligations on behalf of the family
business, the law presumes, and rightly so, that such obligation will
redound to the benefit of the conjugal partnership.
Ching vs. CA, G.R. NO. 124642 , Feb. 23, 2004 423 SCRA 356
The barefaced fact that the shares of stocks were registered in the
corporate books of Citycorp Investment Philippines solely in the name of
the petitioner-husband does not constitute proof that the petitionerhusband, not the conjugal partnership, owned the same.
Carlos vs. Abelardo, G.R. NO. 146504 , Apr. 09, 2002 380 SCRA 361
On the same principle, acknowledgment of the loan made by the
defendant-wife binds the conjugal partnership since its proceeds
redounded to the benefit of the family. Hence, defendant-husband and
defendant-wife are jointly and severally liable in the payment of the loan.
SBTC v. Mar Tierra Corp., G.R. NO. 143382 , Nov. 29, 2006
SCRA 419

508

To hold the conjugal partnership liable for an obligation pertaining to the


husband alone defeats the objective of the Civil Code to protect the
solidarity and well being of the family as a unit. The underlying concern
of the law is the conservation of the conjugal partnership. Hence, it limits
the liability of the conjugal partnership only to debts and obligations
contracted by the husband for the benefit of the conjugal partnership.
Ros v. PNB Laoag Br., G.R. NO.170166, Apr. 06, 2011 647 SCRA 334
It is enough that the benefit to the family is apparent at the signing of
the contract. From the very nature of the contract of loan or services, the
family stands to benefit from the loan facility or services to be rendered
to the business or profession of the husband.
Pana v. Heirs of Jose Juanite G.R. NO. 164201,Dec. 10, 2012

687

SCRA 414
Contrary to Efrens contention, Article 121 above allows payment of the
criminal indemnities imposed on his wife, Melecia, out of the partnership
assets even before these are liquidated. Indeed, it states that such
indemnities "may be enforced against the partnership assets after the
responsibilities enumerated in the preceding article have been covered."
No prior liquidation of those assets is required.
Section 5. Administration of the Conjugal Partnership Property
(Articles 124-125)
Joint

Administration

of

CPG

Disposition or Encumbrance of CPG


Rules under the Civil Code
Tinitigan vs. Tinitigan, Sr., NO. L- 45418, October 30, 1980, 100
SCRA 619. Gedf
A husband may sell property belonging to the conjugal partnership even
without the consent of the wife if the sale is necessary to answer for a big
conjugal liability which might endanger the familys economic standing.
This is one instance where the wifes consent is not required and,
impliedly, no judicial intervention is necessary.
Spouses Guiang vs. Court of Appeals, G.R. No. 125172. June
1998,

26,

Under the Civil Code, the encumbrance or alienation of a conjugal real


property by the husband absent the wifes consent, is voidable and not
void.
Roxas vs. CA G.R. NO. 92245, Jun. 26, 1991 198 SCRA 541
The joinder of the wife, although unnecessary for an oral lease of
conjugal realty which does not exceed one year in duration, is required in
a lease of conjugal realty for a period of more than one year, such a lease
being considered a conveyance and encumbrance within the provisions
of the Civil Code requiring the joinder of the wife in the instrument by
which real property is conveyed or encumbered
Guiang vs. CA, G.R. NO. 125172, Jun. 26, 1998 291 SCRA 372
The sale of a conjugal property requires the consent of both the husband
and the wife. The absence of the consent of one renders the sale null and

void, while the vitiation thereof makes it merely voidable. Only in the
latter case can ratification cure the defect.
Jader-Manalo vs. Camaisa, G.R. NO. 147978, Jan. 23, 2002
SCRA 498

374

Respondent Norma Camaisa admittedly did not give her written consent
to the sale. Even G.R.anting that respondent Norma actively participated
in negotiating for the sale of the subject properties, which she denied,
her written consent to the sale is required by law for its validity.
Significantly, petitioner herself admits that Norma refused to sign the
contracts to sell.
Rules under the Family Code
Uy vs. CA, G.R. NO. 10955, Nov. 29, 2000 346 SCRA

246

In regular manner, the rules on summary judicial proceedings under the


Family Code govern the proceedings under Article 124 of the Family
Code. The situation contemplated is one where the spouse is absent, or
separated in fact or has abandoned the other or consent is withheld or
cannot be obtained. Such rules do not apply to cases where the nonconsenting spouse is incapacitated or incompetent to give consent. In
this case, the trial court found that the subject spouse "is an
incompetent" who was in comatose.
Ravina v. Villa Abrille G.R. NO. 160708, Oct. 16, 2009 604 SCRA
120
Just like the rule in absolute community of property, if the husband,
without knowledge and consent of the wife, sells conjugal property, such
sale is void. If the sale was with the knowledge but without the approval
of the wife, thereby resulting in a disagreement, such sale is annullable
at the instance of the wife who is given five (5) years from the date the
contract implementing the decision of the husband to institute the case.
De la Cruz v. Segovia, G.R. NO. 149801, Jun. 26, 2008 555 SCRA
453
While Florindas husband did not affix his signature to the abovementioned Agreement, we find no ground to disturb the uniform findings
of the trial court and appellate court that Renato, by his actuations,
agreed and gave his conformity to the Agreement. As found by the courts
below, Renatos consent to the Agreement was drawn from the fact that
he was present at the time it was signed by the sisters and their
witnesses; he had knowledge of the Agreement as it was presented to him
for his signature, although he did not sign the same because his wife
Florinda insisted that her signature already carried that of her husband;
Renato witnessed the fact that Leonila contributed her hard earned

savings in the amount of P36,000.00 to complete their share in the


purchase price of the properties in question in the total amount of
P180,000.00.
Section 6. Dissolution of the Conjugal Partnership Regime (Articles
126-128)
MBTC v. Pascual, G.R. NO. 163744, Feb. 29, 2008 547 SCRA 246
Termination of Conjugal Property Regime does not ipso facto End the
Nature of Conjugal Ownership. While the declared nullity of marriage of
Nicholson and Florencia severed their marital bond and dissolved the
conjugal partnership, the character of the properties acquired before
such declaration continues to subsist as conjugal properties until and
after the liquidation and partition of the partnership.
Dio v. Dio, G.R. NO. 178044, Jan. 19, 2011 640 SCRA 178
The trial court erred in ordering that a decree of absolute nullity of
marriage shall be issued only after liquidation, partition and distribution
of the parties properties under Article 147 of the Family Code. The ruling
has no basis because Section 19(1) of the Rule does not apply to cases
governed under Articles 147 and 148 of the Family Code.
Espinosa v. Omaa, AC. 9081, Oct 12, 2011 659 SCRA 1
Extrajudicial dissolution of the conjugal partnership without judicial
approval is void. The Court has also ruled that a notary public should
not facilitate the disintegration of a marriage and the family by
encouraging the separation of the spouses and extrajudicially dissolving
the conjugal partnership, which is exactly what Omaa did in this case.
The "Kasunduan Ng Paghihiwalay" has no legal effect and is against
public policy.
Section 7. Liquidation of the
Liabilities (Articles 129-133);

Conjugal

Partnership

Assets

&

Agtarap v. Agtarap, G.R. NO. 177099, Jun. 8, 2011 651 SCRA 455
We hold that the general rule does not apply to the instant case
considering that the parties are all heirs of Joaquin and that no rights of
third parties will be impaired by the resolution of the ownership issue.
More importantly, the determination of whether the subject properties
are conjugal is but collateral to the probate courts jurisdiction to settle
the estate of Joaquin.
Go v. Servacio, G.R. NO. 157537, Sept. 7, 2011 657 SCRA 10
There being no dispute that Protacio, Sr. and Marta were married prior to
the effectivity of the Family Code on August 3, 1988, their property

relation was properly characterized as one of conjugal partnership


governed by the Civil Code. Upon Martas death in 1987, the conjugal
partnership was dissolved, pursuant to Article 175 (1) of the Civil Code,
and an implied ordinary co-ownership ensued among Protacio, Sr. and
the other heirs of Marta with respect to her share in the assets of the
conjugal partnership pending a liquidation following its liquidation.
CHAPTER 5.SEPARATION OF PROP. OF THE SPOUSES &
ADMINISTRATION OF COMMON PROPERTY BY ONE
SPOUSE
DURING THE MARRIAGE (Arts 134-142)
CHAPTER 6. REGIME OF SEPARATION OF PROPERTY (Articles 143146)
Grounds
Voluntary Separation of Property
Maquilan v. Maquilan, G.R. NO. 155409, Jun. 08, 2007 524 SCRA
166
Under Article 143 of the Family Code, separation of property may be
effected voluntarily or for sufficient cause, subject to judicial approval.
The questioned Compromise Agreement which was judicially approved is
exactly such a separation of property allowed under the law.
Effects of Decree Granting Separation of

Property

CHAPTER 7. PROPERTY REGIMES OF UNIONS WITHOUT MARRIAGE


(Articles 147-148)
Valdes vs. RTC Br. 102, QC G.R. NO. 122749, Jul. 31, 1996 260
SCRA 221
Whether or not, Articles 50, 51 and 52 in relation to Articles 102 and129
of the Family Code govern the disposition of the family dwelling in cases
where a marriage is declared void ab initio, including a marriage declared
void by reason of the psychological incapacity of the spouses. The rules
set up to govern the liquidation of either the absolute community or the
conjugal partnership of gains, the property regimes recognized for valid
and voidable marriages (in the latter case until the contract is annulled),
are irrelevant to the liquidation of the co-ownership that exists between
common-law spouses.
Mallilin, Jr. vs. Castillo, G.R. NO. 136803, Jun. 16, 2000 333 SCRA
628
The Family Code, in addition to providing that a co-ownership exists

between a man and a woman who live together as husband and wife
without the benefit of marriage, likewise provides that, if the parties are
incapacitated to marry each other, properties acquired by them through
their joint contribution of money, property or industry shall be owned by
them in common in proportion to their contributions which, in the
absence of proof to the contrary, is presumed to be equal.
Dio v. Dio, G.R. NO. 178044,Jan. 19, 2011 640 SCRA 178
Petitioners marriage to respondent was declared void under Article 36 of
the Family Code and not under Article 40 or 45. Thus, what governs the
liquidation of properties owned in common by petitioner and respondent
are the rules on co-ownership. In Valdes, the Court ruled that the property
relations of parties in a void marriage during the period of cohabitation is
governed either by Article 147 or Article 148 of the Family Code. The
rules on co-ownership apply and the properties of the spouses should be
liquidated in accordance with the Civil Code provisions on co-ownership.
Under Article 496 of the Civil Code, partition may be made by
aG.R.eement between the parties or by judicial proceedings. It is not
necessary to liquidate the properties of the spouses in the same
proceeding for declaration of nullity of marriage.
Lacbayan v. Samoy, G.R. NO. 165427, Mar. 21, 2011 645 SCRA 677
A careful perusal of the contents of the so-called Partition AG.R.eement
indicates that the document involves matters which necessitate prior
settlement of questions of law, basic of which is a determination as to
whether the parties have the right to freely divide among themselves the
subject properties. Moreover, to follow petitioners argument would be to
allow respondent not only to admit against his own interest but that of
his legal spouse as well, who may also be lawfully entitled co-ownership
over the said properties.
Cario v. Cario, G.R. NO. 132529, Feb. 02, 2001 351 SCRA 127
As to the property regime of petitioner Susan Nicdao and the deceased,
Article 147 of the Family Code governs. This article applies to unions of
parties who are legally capacitated and not barred by any impediment to
contract marriage, but whose marriage is nonetheless void for other
reasons, like the absence of a marriage license
San Luis v. San Luis G.R. NO. 133743, Feb. 06, 2007 514 SCRA 294
In the instant case, respondent would qualify as an interested person
who has a direct interest in the estate of Felicisimo by virtue of their
cohabitation, the existence of which was not denied by petitioners. If she
proves the validity of the divorce and Felicisimos capacity to remarry,
but fails to prove that her marriage with him was validly performed
under the laws of the U.S.A., then she may be considered as a co-owner

under Article 144 76 of the Civil Code


TITLE V. THE FAMILY HOME
CHAPTER 1. THE FAMILY AS AN INSTITUTION (Articles 149-151)
Tuason vs. CA, 256 SCRA 158

(1996)

Our family law is based on the policy that marriage is not a mere
contract but a social institution in which the state is vitally interested.
Hontiveros vs. RTC Iloilo City, G.R. NO. 125465, Jun. 29, 1999 309
SCRA 340
Religious relationship and relationship by affinity are not given any legal
effect in this jurisdiction. Consequently, private respondent Ayson, who
is described in the complaint as the spouse of respondent Hontiveros,
and petitioner Maria Hontiveros, who is admittedly the spouse of
petitioner Augusto Hontiveros, are considered strangers to the
Hontiveros family, for purposes of Art. 151.
Gayon v. Gayon, 36 SCRA 104 (1970)
The enumeration of "brothers and sisters" as member of the same family
does not comprehend "sisters-in-law." In that case, then Chief Justice
Concepcion emphasized that "sisters-in-law" (hence, also "brother-inlaw") are not listed under Art. 217 of the New Civil Code as members of
the same family.
Magbaleta vs. Gonong, 76 SCRA 511
Efforts to compromis are not a jurisdictional prerequisite for the
maintenance of an action whenever a stranger to the family is a party
thereto, whether as necessary or indispensable one.
Tiggangay v. Wacas, AM OCA 09-3243, April 1, 2013 694 SCRA 264
Indeed, "there is no affinity between the blood relatives of one spouse and
the blood relatives of the other. A husband is related by affinity to his
wifes brother, but not to the wife of his wifes brother. There is no affinity
between the husbands brother and the wifes sister; this is called
affinitas affinitatis."
CHAPTER 2. THE FAMILY HOME (Arts 152-162)

Taneo, Jr. vs. CA, CA, 304 SCRA 308


Family home is a real right, which is gratuitous, inalienable and free
from attachment, constituted over the dwelling place and the land on
which it is situated, which confers upon a particular family the right to
enjoy such properties, which must remain with the person constituting it
and his heirs.
Taneo vs. Court of Appeals, G.R. NO. 108562, Mar. 09, 1999 304
SCRA 308
By the very definition of the law that the family home is the dwelling
house where a person and his family resides and the land on which it is
situated, it is understood that the house should be constructed on a
land not belonging to another.
Arriola v. Arriola, G.R. NO. 177703, Jan. 28, 2008 542 SCRA 666
Furthermore, Articles 152 and 153 specifically extend the scope of the
family home not just to the dwelling structure in which the family resides
but also to the lot on which it stands. Thus, applying these concepts, the
subject house as well as the specific portion of the subject land on which
it stands are deemed constituted as a family home by the deceased and
petitioner Vilma from the moment they began occupying the same as a
family residence 20 years back
Modequillo vs. Breva, G.R. No. 86355, May 31, 1990.
There is no need to constitute the same judicially or extrajudicially as
required in the Civil Code. If the family actually resides in the premises,
it is, therefore, a family home as contemplated by law
Patricio vs. Dario, G.R. NO. 170829, November 20, 2006.
Three requisites must concur before a minor beneficiary is entitled to the
benefits of Art. 159: (1) the relationship enumerated in Art. 154 of the
Family Code; (2) they live in the family home, and (3) they are dependent
for legal support upon the head of the family.
Cabang v. Basay, G.R. NO. 180587, Mar. 20, 2009 582 SCRA 172
The family home must be established on the properties of (a) the absolute
community, or (b) the conjugal partnership, or (c) the exclusive property
of either spouse with the consent of the other. It cannot be established on
property held in co-ownership with third persons. However, it can be
established partly on community property, or conjugal property and partly
on the exclusive property of either spouse with the consent of the latter.

Olivia De Mesa v. Acero, G.R. NO. 185064 Jan. 16, 2012 663
40

SCRA

The family homes exemption from execution must be set up and proved
to the Sheriff before the sale of the property at public auction. The
petitioners now are barred from raising the same. Failure to do so estop
them from later claiming the said exemption.
Manacop vs. CA, 277 SCRA 57

(1997)

Articles 152 and 153 of the Family Code do not have a retroactive effect
such that all existing family residences are deemed to have been
constituted as family homes at the time of their occupation prior to the
effectivity of the Family Code and are exempt from execution for the
payment of obligations incurred before the effectivity of the Family Code.
TITLE VI. PATERNITY & FILIATION
Chapter I Legitimate Children
Types of Filiation
Status of Children
Distinction between Paternity and Filiation
Laws

governing

Paternity

and

Filiation

Presumption of Legitimacy
How to impugn Childs Legitimacy
Benitez-Badua vs. CA G.R. NO. 105625, Jan. 24, 1994 229 SCRA 468
Article 170 of the Family Code is inapplicable to this case because this is
not an action to impugn the legitimacy of a child, but an action of the
private respondents to claim their inheritance as legal heirs of their
childless deceased aunt. They do not claim that petitioner Violeta
Cabatbat Lim is an illegitimate child of the deceased, but that she is not
the decedent's child at all.
Liyao vs. Tanhoti-Liyao,G.R. NO. 138961, Mar. 07, 2002 378 SCRA
563
The grounds for impugning the legitimacy of the child mentioned in
Article 255 of the Civil Code may only be invoked by the husband, or in
proper cases, his heirs under the conditions set forth under Article 262
of the Civil Code.

Labagla vs. Santiago, G.R. NO. 132305, Dec. 04, 2001 371 SCRA 360
A baptismal certificate, a private document, is not conclusive proof of
filiation. More so are the entries made in an income tax return, which
only shows that income tax has been paid and the amount thereof.
Macadangdang vs. Court of Appeals, 100 SCRA 73
In this case the husband and the wife continued to live in the same
province after their alleged separation, the Court did not discount the
possibility of physical access to each other considering their proximity to
each other and considering further that the wife still visited
and
recuperated in her mothers house where her spouse resided with their
children.
Andal vs. Macaraig, 89 Phil 165
The court held that just because tuberculosis is advanced in a man does
not necessarily mean that he is incapable of sexual intercourse. There
are cases where persons suffering from tuberculosis can do the carnal
act even in the most crucial stage of health because then they seemed to
be more inclined to sexual intercourse.
Tison vs CA, 276 SCRA 582 (1997)
The issue of legitimacy cannot be attacked collaterally.
BBB, vs. AAA, G.R. No. 193225, February 09, 2015
It was improper for BBB, knowing that CCC was not his biological son, to have CCC
legitimated after the celebration of BBB and AAAs marriage. The legal process of
legitimation was trifled with when BBB voluntarily but falsely acknowledged CCC as
his son. The principle of estoppel under Article 1431 thus applies, and it now bars
BBB from making an assertion contrary to his previous representations. He should
not be allowed to evade a responsibility arising from his own misrepresentations. He
is bound by the effects of the legitimation process. CCC remains to be BBBs son, and
pursuant to Article 179 of the Family Code, the former is entitled to the same rights
as those of a legitimate child, including the receipt of his fathers support.
CHAPTER 2. PROOF OF FILIATION (Articles 172-174)
Solinap vs. Locsin Jr. G.R. NO. 146737 , Dec. 10, 2001 371 SCRA
711
Whether or not the certificate of live birth (Exhibit D) as presented by the
respondent, including the photograph showing that he and his mother
attended the deceased funeral, is sufficient to proof filiation of the petitioner
to the deceased. A birth certificate offers only prima facie evidence of

filiation and may be refuted by contrary

evidence.

Verceles v. Posada, G.R. NO.159785, Apr. 27, 2007 522 SCRA 518
The court held that the due recognition of an illegitimate child in a record
of birth, a will, a statement before a court of record, or in any authentic
writing is, in itself, a consummated act of acknowledgement of the child,
and no further court action is required
De Asis vs CA, 303 SCRA 176
Paternity or filiation, or the lack of it, is a relationship that must be
judicially established and it is for the court to declare its existence or
absence.
Lucas v. Lucas, G.R. NO. 190710, Jun. 6, 2011 650 SCRA 667
Although a paternity action is civil, not criminal, the constitutional
prohibition against unreasonable searches and seizures is still applicable,
and a proper showing of sufficient justification under the particular
factual circumstances of the case must be made before a court may order
a compulsory blood test.
Rodriguez vs. CA, G.R. NO. 85723, Jun. 19, 1995 245 SCRA 150
When a recognition has been made by one parent, the name of the other
parent may be revealed in an action by the child to compel such other
parent to recognize him also.
Heirs of Cabais vs. CA, G.R. NO. 106314-15,Oct. 08, 1999 316 SCRA
338
A baptismal certificate, a private document, which, being hearsay, is not
a conclusive proof of filiation.
Cenido vs. Apacionado, G.R .NO. 132474, Nov. 19, 1999 318
688

SCRA

Under the law, this statement must be made personally by the parent
himself or herself, not by any brother, sister or relative; after all, the
concept of recognition speaks of a voluntary declaration by the parent, or
if the parent refuses, by judicial authority, to establish the paternity or
maternity of children born outside wedlock.
Tayag v. Tayag-Gallor, G.R. NO. 174680, Mar. 24, 2008 549 SCRA 68
Petitioner, however, overlooks the fact that respondents successional
rights may be established not just by a judicial action to compel
recognition but also by proof that she had been voluntarily acknowledged

and recognized as an illegitimate child. Respondent in this case had not


been given the opportunity to present evidence to show whether she had
been voluntarily recognized and acknowledged by her deceased father
because of petitioners opposition to her petition and motion for hearing
on affirmative defenses.
Puno v. Puno Ent. Inc., G.R. NO. 177066, Sept. 11, 2009 599 SCRA
585
A 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 the certificate. The local
civil registrar has no authority to record the paternity of an illegitimate
child on the information of a third person.
Gotardo v. Buling, G.R. NO. 165166, Aug. 15, 2012 678 SCRA 436
We have held that such other proof of one's filiation may be a "baptismal
certificate, a judicial admission, a family bible in which [his] name has
been entered, common reputation respecting his pediG.R.ee, admission
by silence, the testimonies of witnesses, and other kinds of proof
admissible under Rule 130 of the Rules of Court." In this case, the
respondent established a prima facie case that the petitioner is the
putative father of Gliffze through testimony that she had been sexually
involved only with one man, the petitioner, at the time of her conception.
Rodulfo corroborated her testimony that the petitioner and the
respondent had intimate relationship.
Lucas v. Lucas, G.R . NO. 190710, Jun. 6, 2011 650 SCRA 667
Although a paternity action is civil, not criminal, the constitutional
prohibition against unreasonable searches and seizures is
still
applicable, and a proper showing of sufficient justification under the
particular factual circumstances of the case must be made before a court
may order a compulsory blood test.
AGUILAR vs. SIASAT, G.R. No. 200169, January 28, 2015
The filiation of illegitimate children, like legitimate children, is established by (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 handwritten instrument and
signed by the parent concerned. In the absence thereof, filiation shall be proved by
(1) the open and continuous possession of the status of a legitimate child; or (2) any
other means allowed by the Rules of Court and special laws. The due recognition of
an illegitimate child in a record of birth, a will, a statement before a court of record, or
in any authentic writing is, in itself, a consummated act of acknowledgment of the
child, and no further court action is required. In fact, any authentic writing is treated

not just a ground for compulsory recognition; it is in itself a voluntary recognition


that does not require a separate action for judicial approval.
It must be concluded that Rodolfo who was born during the marriage of Alfredo
Aguilar and Candelaria Siasat-Aguilar and before their respective deaths has
sufficiently proved that he is the legitimate issue of the Aguilar spouses. He correctly
argues, Alfredo Aguilars SSS satisfies the requirement for proof of filiation and
relationship to the Aguilar spouses under Article 172 of the Family Code; by itself,
said document constitutes an admission of legitimate filiation in a public document
or a private handwritten instrument and signed by the parent concerned.
Funerals
VALINO vs. ROSARIO D. ADRIANO, G.R. No. 182894, April 22, 2014
The petitioner alleges that being a common law spouse who took care of the deceased,
she has the right to make funeral arrangements for the deceased. The Supreme Court
ruled that the duty and the right to make funeral arrangements are confined within
the family of the deceased particularly the spouse of the deceased to the exclusion of a
common law spouse.
CHAPTER 3. ILLEGITIMATE CHILDREN (Articles 175-176)
Rights of Illegitimate Children
Tonog vs. CA, G.R. NO. 122906 , Feb. 07, 2002 376 SCRA 523
In the case at bar, bearing in mind that the welfare of the said minor as
the controlling factor, the appellate court did not err in allowing her
father to retain in the meantime parental custody over her. Meanwhile,
the child should not be wrenched from her familiar surroundings, and
thrust into a strange environment away from the people and places to
which she had apparently formed an attachment.
Guy v. CA, G.R. NO. 163707, Sept. 15, 2006 502 SCRA 151
It is clear therefore that the resolution of the issue of prescription
depends on the type of evidence to be adduced by private respondents in
proving their filiation. However, it would be impossible to determine the
same in this case as there has been no reception of evidence yet.
De La Cruz v. Gracia G.R. NO. 177728, Jul. 31, 2009 594 SCRA 648
Where the private handwritten instrument is the lone piece of evidence
submitted to prove filiation, there should be strict compliance with the
requirement that the same must be signed by the acknowledging parent.
Where the private handwritten instrument is accompanied by other

relevant and competent evidence, it suffices that the claim of filiation


therein be shown to have been made and handwritten
by
the
acknowledging parent as it is merely corroborative of such other
evidence
Uy v. Chu, G.R. NO. 183965, Sept. 18, 2009 600 SCRA 806
It is settled, then, in law and jurisprudence, that the status and filiation
of a child cannot be compromised. Public policy demands that there be
no compromise on the status and filiation of a child. Paternity and
filiation or the lack of the same, is a relationship that must be judicially
established, and it is for the Court to declare its existence or absence. It
cannot be left to the will or agreement of the parties.
CHAPTER 4. LEGITIMATED CHILDREN (Articles 177-182);
See RA 9858
Legitimation
Concept and Definition
Who can be Legitimated
Procedure and effects of Legitimation
Abadilla vs. Tabiliran, Jr. A.M NO. MTJ-92-716, Oct. 25, 1995 249
SCRA 447
Whether or not, a child born out of wedlock, by parents who have a legal
impediment to marry each other, can be legitimated. As a lawyer and a
judge, respondent ought to know that, despite his subsequent marriage
to Priscilla, these three children cannot be legitimated nor in any way be
considered legitimate since at the time they were born, there was an
existing valid marriage between respondent and his first wife, Teresita B.
Tabiliran.
TITLE VII. ADOPTION
Domestic Adoption Act of 1988 (RA 8552)
as amended by RA 9523 (March 2009)
A.M. NO. 02-6-02-SC - Re: Proposed Rule on Domestic Adoption
Inter country Adoption Act of 1995 (RA 8043)
Amended IRR on Inter-Country Adoption (January 8, 2004)
Definition and concept of Adoption

Domestic Adoption and Inter country Adoption


Law governing Domestic Adoption
Who are qualified to adopt and to be adopted
Effects of Adoption
Rescission

of

Adoption

Procedure under ICA and DAA


Republic vs. Vergara, G.R. NO. 95551, Mar. 20, 1997 270 SCRA 206
The law here does not provide for an alien who is married to a former
Filipino citizen seeking to adopt jointly with his or her spouse a relative
by consanguinity, as an exception to the general rule that aliens may not
adopt.
Rosalina Dye cannot, on her own, adopt her brother and sister for the
law mandates joint adoption by husband and wife, subject to exceptions.
Republic vs. Miller, G.R. NO.125932, Apr. 21, 1999 306 5CRA 183
An alien qualified to adopt under the Child and Youth Welfare Code,
which was in force at the time of the filing of the petition, acquired a
vested right which could not be affected by the subsequent enactment of
a new law disqualifying him.
Republic vs. Toledano, G.R. NO.94147, Jun. 08, 1994 233 SCRA 9
The Family Code reiterated the rule by requiring that husband and wife
"must" jointly adopt, except in the cases mentioned before. Under the
said new law, joint adoption by husband and wife is mandatory
Cang vs. CA, G.R. NO.105308, Sept. 25, 1998 296 SCRA 128
Physical estrangement alone, without financial and moral desertion, is
not tantamount to abandonment. While admittedly, petitioner was
physically absent as he was then in the United States, he was not remiss
in his natural and legal obligations of love, care and support for his
children.
In re: Adoption of Michelle & Michael Lim G.R. NO.168992-93, May
21, 2009 588 SCRA 98
The filing of a case for dissolution of the marriage between petitioner and
Olario is of no moment. It is not equivalent to a decree of dissolution of
marriage. Until and unless there is a judicial decree for the dissolution of
the marriage between petitioner and Olario, the marriage still subsists.
That being the case, joint adoption by the husband and the wife is

required.
Republic vs. CA & Bobiles, G.R. NO.92326, Jan. 24, 1992 205 SCRA
356
Under the Child and Youth Welfare Code, private respondent had the right
to file a petition for adoption by herself, without joining her husband
therein. When Mrs. Bobiles filed her petition, she was exercising her
explicit and unconditional right under said law.
Lahom vs. Sibulo, G.R. NO. 143989, July 14,

2003

R.A. NO. 8552 has unqualifiedly withdrawn from an adopter a


consequential right to rescind the adoption decree even in cases where
the adoption might clearly turn out to be undesirable.
TITLE VIII. SUPPORT
Concept of Support
G.R.ounds for Action for Support
Right to support
Order

of

liability

for

support

Contractual support vs Legal Support


Mangonon v. CA, G.R. NO. 125041 , June.30, 2006 494 SCRA 1
The grandparents are liable to support their grandchildren if the parent
cannot give support or sufficient support.
Lim v. Lim, G.R. NO. 163209, Oct. 30, 2009 604 SCRA 691
The inability of the parents to sufficiently provide for their children shifts
a portion of their obligation to the ascendants in the nearest degree, both
in the paternal (petitioners) and maternal lines, following the ordering in
Article 199.
Gan vs. Reyes, G.R. NO.145527, May.28, 2002 382 SCRA 357
A judgment ordering for support is immediately executory despite
pendency of appeal.
De Asis vs. CA, G.R. NO.127578, Feb. 15, 1999 303 SCRA 176
Whether or not, a renunciation of the existence of filiation of the child
and the putative father, made by the mother, is valid. It is true that in
order to claim support, filiation and,or paternity must first be shown
between the claimant and the parent, however, paternity and filiation or
the lack of the same is a relationship that must be judicially established

and it is for the court to declare its existence or absence.


TITLE IX. PARENTAL AUTHORITY
CHAPTER 1. GENERAL PROVISIONS (Articles 209-215)
Concept
Effects of Parental Authority
Santos Sr. v. CA, G.R. NO. 113054, Mar. 16, 1995 242 SCRA 407
When a parent entrusts the custody of a minor to another, such as a
friend or godfather, even in a document, what is given is merely
temporary custody and it does not constitute a renunciation of parental
authority. Even if a definite renunciation is manifest, the law still
disallows the same.
Parents who exercises Parental Authority
Joint Parental Authority
Rule in case of Separation of

Parents

Perez v. CA, G.R. NO. 118870, Mar. 29, 1996 255 SCRA 661
Only the most compelling of reasons shall justify the court's awarding
the custody of such a child to someone other than his mother, such as
her unfitness to exercise sole parental authority. In the past the following
grounds have been considered ample justification to deprive a mother of
custody and parental authority: neglect, abandonment, unemployment
and immorality, habitual drunkenness, drug addiction, maltreatment of
the child, insanity and being sick with a communicable disease.
Laxamana v. Laxamana, G.R. NO. 144763, Sept. 3, 2002 388 SCRA
296
It is clear that every child [has] rights which are not and should not be
dependent solely on the wishes, much less the whims and caprices, of
his parents. His welfare should not be subject to the parents' say-so or
mutual agreement alone. Where, as in this case, the parents are already
separated in fact, the courts must step in to determine in whose custody
the child can better be assured the rights granted to him by law. The
need, therefore, to present evidence regarding this matter, becomes
imperative.
Beckett v. Sarmiento, Jr. AM NO. RTJ-12-2326, Jan. 30, 2013 689
SCRA 494
In a very real sense, then, a judgment involving the custody of a minor
child cannot be accorded the force and effect of res judicata. Now to

another point. In disputes concerning post-separation custody over a


minor, the well-settled rule is that no child under seven (7) years of age
shall be separated from the mother, unless the court finds compelling
reasons to order otherwise.
CHAPTER 2. SUBSTITUTE & SPECIAL PARENTAL AUTHORITY (Arts
216-219)
Parental Preference Rule
Concept
Who

may

exercise

Substitute

Parental Authority

Liability of persons exercising special Parental

Authority

St. Marys Academy v. Carpitanos, G.R. NO. 143363, Feb. 6, 2002


376 SCRA 473
The liability for the accident, whether caused by the negligence of the
minor driver or mechanical detachment of the steering wheel guide of the
jeep, must be pinned on the minors parents primarily. The negligence of
petitioner St. Marys Academy was only a remote cause of the accident.
CHAPTER 3. EFFECT OF PARENTAL AUTHORITY
PERSONS OF THE CHILDREN

UPON

THE

Right to Childs Custody


Sagala-Eslao vs. CA, 266 SCRA 317, 323 (1997).
It is a rule long accepted by the courts that the right of parents to the
custody of their minor children is one of the natural rights incident to
parenthood, a right supported by law and sound public policy.
Cang vs. CA, 296 SCRA 128 (1998).
Parental authority cannot be entrusted to a person simply because he
could give the child a larger measure of material comfort than his natural
parent.
Duty to Provide Support
Duty of Representation
Obedencio vs. Murillo, A.M. NO. RTJ-03-1753. Feb. 5, 2004 422
SCRA 21

Licel was only 14 years old, definitely a minor, on May 22, 2001, when
she was presented before respondents sala to affirm the execution of her
affidavit of desistance. This being the case, said affidavit should have
been executed with the concurrence of her parents. Licel could not
validly give consent to an affidavit of desistance, for a minor is
incompetent to execute such an instrument.
Liability of Parents for damages caused by their minor children
CHAPTER 4. EFFECT OF PARENTAL AUTHORITY UPON
PROPERTY OF THE CHILDREN

THE

(Articles 225-227)
Lindain v. CA, G.R. NO. 95305 , Aug. 20, 199 212 SCRA 725
Under the law, a parent, acting merely as the legal (as distinguished
from judicial) administrator of the property of his/her minor children,
does not have the power to dispose of, or alienate, the property of said
children without judicial approval.
Neri v. Heirs of Hadji Yusop, G.R. No 194366, Oct. 10, 2012 683
SCRA 253
Administration includes all acts for the preservation of the property and
the receipt of fruits according to the natural purpose of the thing. Anyact
of disposition or alienation, or any reduction in the substance of the
patrimony of child, exceeds the limits of administration. Thus, a father or
mother, as the natural guardian of the minor under parental authority,
does not have the power to dispose or encumber the property of the latter
CHAPTER 5. SUSPENSION
AUTHORITY (Arts 228-233)

OR

TERMINATION

OF

PARENTAL

Grounds for termination and suspension of parental authority


Bondagjy vs. Bondagjy, G.R. NO. 140817, Dec. 07, 2001 371 SCRA
64
Indeed, what determines the fitness of any parent is the ability to see to
the physical, educational, social and moral welfare of the children, and
the ability to give them a healthy environment as well as physical and
financial support taking into consideration the respective resources and
social and moral situations of the parents.

Cang vs CA,296 SCRA 128


In reference to abandonment of a child by his parent, the act of
abandonment imports any conduct of the parent which evinces a settled
purpose to forego all parental duties and relinquish all parental claims to
the child. It means neglect or refusal to perform the natural and legal
obligations of care and support which parents owe their children.
Title X. EMANCIPATION AND AGE OF MAJORITY; See RA 6809;
2176 & 2180 NCC
Concept
Effects of Emancipation
Title XI SUMMARY JUDICIAL PROCEEDINGS IN THE FAMILY LAW
Family Courts Act and SC AM Orders and Circulars
CHAPTER 1. SCOPE OF APPLICATION (Article 238)
CHAPTER 2. SEPARATION IN FACT BETWEEN HUSBAND AND WIFE
(Articles 239-248)
See RA 9262 (Anti Violence against Women and Children [VAWC])
and Implementing Rules &
Regulations
CHAPTER 3. INCIDENTS
(Articles 249-252)

INVOLVING

PARENTAL AUTHORITY

See RA 9262 (Anti Violence against Women and Children [VAWC]) &
IRR
A.M. NO. 02-11-12-SC- Re: Proposed Rule on Provisional Orders
(March 4, 2003)
A.M. NO. 03-02-05-SC- Re: Proposed Rule on Guardianship of Minors
(April 1, 2003)
A.M. NO. 03-04-SC- Re: Proposed Rule on Custody of Minors and
Writ of
Habeas Corpus in Relation to Custody of Minors (April 30, 2003)
CHAPTER
4.
OTHER
MATTERS
PROCEEDINGS (Article 253)

SUBJECT

TO

SUMMARY

Uy (Jardeleza) vs. CA, G.R. NO. 109557, Nov. 29, 2000 346 SCRA
246
Rule 95 of the ROC, not the Rule on Summary Proceedings in the Family
Code, shall apply in a sale of a conjugal property where one spouse is is
an incompetent. A comatose spouse is incompetent.
Republic v. Tango, G.R. NO.161062, Jul. 31, 2009 594 SCRA 560
By express provision of law, the judgment of the court in a summary
proceeding shall be immediately final and executory. As a matter of
course, it follows that no appeal can be had of the trial courts judgment
in a summary proceeding for the declaration of presumptive death of an
absent spouse under Article 41 of the Family Code.
Rep. v. Bermudez-Lorino G.R. NO. 160258 , Jan. 19, 2005 449 SCRA
5
In Summary Judicial Proceedings under the Family Code, there is no
reglementary period within which to perfect an appeal, precisely because
judgments rendered thereunder, by express provision of Section 247,
Family Code, supra, are "immediately final and executory". It was
erroneous, therefore, on the part of the RTC to give due course to the
Republics appeal and order the transmittal of the entire records of the
case to the Court of Appeals.
Title X. FUNERAL (Articles 305 -310, NCC)
Title XII. CARE AND EDUCATION OF CHILDREN (Articles 356 363,
NCC)
PD 603 The Child and Youth Welfare Code
RA 9262 (Anti Violence against Women and Children [VAWC])
IRR; RA 9523

and

Title XIII. USE OF SURNAMES (Articles 364-380, NCC)


RA 9255 An Act Allowing Illegitimate Children to Use the
Surname of their Father (Amending Art.

176 of the Family Code); IRR of 9255; Passport Law (RA 8239)
Title XIV. ABSENCE (Articles 381-396, NCC);
See Article 41 FC; Rules (Section 4) 73, 74,107, Revised Rules of Court;
Arts.774 & 777; Art. 1456; Arts 22, 2142-2175; Wills & Succession
Chapter 1. Provisional Measures in Case of AbsenceChapter 2.
Declaration of Absence
Chapter 3. Administration of the Property of the Absentee
Chapter 4. Presumption of Death
Chapter 5. Effect of Absence Upon the Contingent Rights of the Absentee
TITLE XII FINAL PROVISIONS (Articles 254-257)

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