Recent Jurisprudence in Persons and Family Relations

Prepared by: Joel B. Duquiatan

2014
Abortion
The Reproductive Health Law does not sanction the taking away of life. It
does not allow abortion in any shape or form. It only seeks to enhance the
population control program of the government by providing information and
making non-abortifacient contraceptives more readily available to the public,
especially to the poor. Imbong vs. Ochoa, Jr., 721 SCRA 146. GR No. 204819,
April 8, 2014.
Absolute Community of Property
The grant of the judicial separation of the absolute community property
automatically dissolves the absolute community regime, as stated in the 4 th
paragraph of Article 99 of the Family Code. Procedure Observed in the
Liquidation of Absolute Community Regime. Noveras vs. Noveras, 733 SCRA
528. GR No. 188289, August 20, 2014.
Adoption
The alien adopter can jointly adopt a relative within the fourth degree of
consanguinity or affinity of his/her Filipino spouse, and the certification of the
aliens qualification to adopt is waived. Nery vs. Sampana, 734 SCRA 486. AC
No. 10196, September 9, 2014.
The law on adoption requires that the adoption by the father or a child born
out of wedlock obtain not only the consent of his wife but also the consent of
his legitimate children. Castro vs. Gregorio, 738 SCRA 415. GR No. 188801,
October 15, 2014.
As a general rule, the husband and wife must file a joint petition for
adoption; The law provides for several exceptions to the general rule, as in a
situation where a spouse seeks to adopt his or her own children born out of
wedlock.
Personal service of summons should have been effected on the spouse and
all legitimate children to ensure that their substantive rights are protected.
Republic Act (RA) No. 8552 fails to provide any provision on the status of
adoption decrees if the adoption is found to have been obtained fraudulently.

Recent Jurisprudence in Persons and Family Relations

Prepared by: Joel B. Duquiatan

It is apparent that the biological parents retain their rights of succession to

the estate of their child who was the subject of adoption. Bartolome vs.
Social Security System, 740 SCRA 78. GR No. 192531, November 12, 2014.
Bigamous Marriages
Marriage contracted prior to the valid termination of subsisting marriage are
generally considered bigamous and void. Santos vs. Santos, 737 SCRA 637.
GR No. 187061, October 8, 2014.
Bigamy
The elements of the crime of bigamy are as follows: (1) that the offender has
been legally married; (2) that the marriage has not been legally dissolved or,
in case his or her spouse is absent, the absent spouse could not yet be
presumed dead according to the Civil Code; (3) that he or she contracts a
second or subsequent marriage; and (4) that the second or subsequent
marriage has all the essential requisites for validity. Lasanas vs People, 727
SCRA 98. GR No. 159031, June 23, 2014.
Parties to the marriage should not be permitted to judge for themselves its
nullity, for the same must be submitted to the judgment of competent courts
and only when the nullity of the marriage is so declared can it be held as
void, and so long as there is no such declaration, the presumption is that the
marriage exists.
Since a marriage contracted during the subsistence of a valid marriage is
automatically void, the nullity of this second marriage is not per se an
argument for the avoidance of criminal liability for bigamy.
Under Article 349 of the RPC, the penalty for bigamy is prision mayor.
Change of First Name
Under Section 1 of Republic Act No. 9048, clerical or typographical errors on
entries in a civil register can be corrected and changes of first name can be
done by the concerned city civil registrar without need of a judicial order.
Onde vs. Office of the Local Civil Registrar of Las Pias City, 734 SCRA 661.
GR No. 197174, September 10, 2014.
The remedy and the proceedings regulating change of first name are
primarily administrative in nature, not judicial; The law removed from the
ambit of Rule 108 of the Rules of Court the correction of clerical or
typographical errors.
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Child Custody
Since it is extant from the pleadings filed that what is involved is the issue of
child custody and the exercise of parental rights over a child, who, for all
intents and purposes, has been legally considered a ward of the State, the
Amparo Rule cannot be properly applied. Caram vs. Segui, 732 SCRA 86. GR
No. 193652, August 5, 2014.
Conjugal Partnerships
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; and that the consent of both spouses is required
before a conjugal property may be mortgaged. Lim vs. Equitable PCI Bank
now known as the Banco de Oro Unibank, Inc., 713 SCRA 555. GR No.
183918, January 15, 2014.
In Heirs of Christina Ayuste v. Court of Appeals, 313 SCRA 493 (1999), the
Supreme Court has held that the sale of real property of the conjugal
partnership by the husband without the consent of his wife is voidable.
Mendoza vs. Fermin, 729 SCRA 219. GR No. 177235, July 7, 2014.
Considering that Atty. Luna and Eugenia had not entered into any marriage
settlement prior to their marriage on September 10, 1947, the system of
relative community or conjugal partnership of gains governed their property
relations. Lavadia vs. Heirs of Juan Luces Luna, 730 SCRA 376. GR No.
171914, July 23, 2014.
Declaration of Presumptive Death
The Family Code Provides that it is the proof of absence of a spouse for four
(4) consecutive years, coupled with a well-founded belief by the present
spouse that the absent spouse is already dead, that constitute a justification
for a second marriage during the subsistence of another marriage. Santos
vs. Santos, 737 SCRA 637. GR No. 187061, October 8, 2014.
The filing of an affidavit of reappearance is an admission on the part of the
first spouse that his or her marriage to the present spouse was terminated
when he or she was declared absent or presumptively dead.

Recent Jurisprudence in Persons and Family Relations

Prepared by: Joel B. Duquiatan

When subsequent marriages are contracted after a judicial declaration of

presumptive death, a presumption arises that the first spouse is already
dead and that the second marriage is legal.
Mere reappearance will not terminate the subsequent marriage even if the
parties to the subsequent marriage were notified if there was no step taken
to terminate the subsequent marriage, either by filing and affidavit of
reappearance or by court action.
A bigamous subsequent marriage may be considered valid when the
following are present: 1) The prior spouse had been absent for four (4)
consecutive years; 2) The spouse present has a well-founded belief that the
absent spouse was already dead; 3) there must be a summary proceeding
for the declaration of presumptive death of the absent spouse; and 4) There
is a court declaration of presumptive death of the absent spouse.
Marriages contracted prior to the valid termination of a subsisting marriage
are generally considered bigamous and void.
A subsequent marriage may also be terminated by filing an action in court
to prove the reappearance of the absentee and obtain a declaration of
dissolution or termination of the subsequent marriage.
Since an undisturbed subsequent marriage under Article 42 of the Family
Code is valid until terminated, the children of such marriage shall be
considered legitimate, and the property relations of the spouse[s] in such
marriage will be the same as in valid marriages.
Divorce
The nonrecognition of absolute divorce between Filipinos has remained even
under the Family Code, even if either or both of the spouses are residing
abroad. Lavadia vs. Heirs of Juan Luces Luna, 730 SCRA 376. GR No. 171914,
July 23, 2014.
The nonrecognition of absolute divorce in the Philippines is a manifestation
of the respect for the sanctity of the marital union especially among Filipino
citizens.
Absent a valid recognition of the divorce decree, it follows that the parties
are still legally married in the Philippines. Noveras vs. Noveras, 733 SCRA
528. GR No. 188289, August 20, 2014.
Because our courts do not take judicial notice of foreign laws and judgment,
our law on evidence requires that both the divorce decree and the national
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law of the alien must be alleged and proven and like any other fact. Ando vs.
Department of Foreign Affairs, 733 SCRA 691. GR No. 195432, August 27,
2014.
Domestic Adoption Act of 1998, RA No. 8552
Republic Act No. 8552 fails to provide any provision on the status of adoption
decrees if the adoption is found to have been obtained fraudulently. Castro
vs. Gregorio, 738 SCRA 415. GR No. 188801, October 15, 2014.
Family Code
No prescribed form or religious rite for the solemnization of marriage is
required. Romulo vs. People, 728 SCRA 675. GR No. 182438, July 2, 2014.
The Family Code expressly banned the infliction of corporal punishment by a
school administrator, teacher or individual engaged in a child care exercising
special parental authority (i.e., in loco parentis). Rosaldes vs. People, 737
SCRA 592. GR No. 173988, October 8, 2014.
Family Law Psychological Incapacity
Psychological incapacity, as a ground to nullify a marriage under Article 36
of the Family Code, should refer to no less than a mental not merely
physical incapacity that causes a party to be truly incognitive of the basic
marital covenants that concominantly must be assumed and discharged by
the parties to the marriage which, as so expressed in Article 68 of the Family
Code, among others, include their mutual obligations to live together,
observe love, respect and fidelity and render help and support. Republic vs.
De Gracia, 716 SCRA 8. GR No. 171557, February 12, 2014.
The Supreme Court, in Dedel vs. Court of Appeals, 421 SCRA 461 (2004),
held that therein respondents emotional immaturity and irresponsibility
could not be equated with psychological incapacity as it was not shown that
these acts are manifestations of a disordered personality which make her
completely unable to discharge the essential marital obligations of the
marital state, not merely due to her youth, immaturity or sexual promiscuity.
Although expert opinions furnished by psychologists regarding the
psychological temperament of parties are usually given considerable weight
by the courts, the existence of psychological incapacity must still be proven
by independent evidence.

Recent Jurisprudence in Persons and Family Relations

Prepared by: Joel B. Duquiatan

Psychological incapacity refers only to the most serious cases of personality

disorders clearly demonstrative of an utter insensitivity or inability to give
meaning and significance to the marriage.
Illegitimate Children
The general rule is that an illegitimate shall use the surname of his or her
mother. The exception provided by RA No. 9255 is, in case his or her filiation
is expressly recognized by the father through the record of birth appearing in
the civil register or when an admission in a public document or private
handwritten instrument is made by the father. Grande vs. Antonio, 716 SCRA
698. GR No. 206248, February 18, 2014.
Parental authority over minor children is lodged by Ar. 176 on the mother.
Since parental authority is given to the mother, then custody over the minor
children also goes to the mother, unless she is shown to be unfit.
As acknowledged illegitimate child is under no compulsion to use the
surname of his illegitimate father.
On the matter of childrens surname, the Supreme Court has, time and again,
rebuffed the idea that the use of the fathers surname serves the best
interest of the minor child.
Legal Personality
It was Mary Gine, the common-law wife of Camilo, who is the complainant in
the case. As a mere common-law wife of Camilo, she is not considered a
legal heir of the latter, and hence, has no legal personality to institute the
action for damages due to Camilos death. Cagayan II Electric Cooperatives,
Inc. vs. Rapanan, 743 SCRA 703. GR No. 199886, December 3, 2014.
Legitimate Children
Since an undisturbed subsequent marriage under Article 42 of the Family
Code is valid until terminated, the children of such marriage shall be
considered legitimate, and the property relations of the spouse[s] in such
marriage will be the same as in valid marriages. Santos vs. Santos, 737
SCRA 637. GR No. 187061, October 8, 2014.
Marriage Certificates
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Recent Jurisprudence in Persons and Family Relations

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The certified xerox copies of the marriage contracts, issued by a public

officer in custody thereof, are admissible as the best evidence of their
contents, as provided for under Section 7 of Rule 130 of the Rules of Court.
Bunagan-Bansig vs. Celera, 713 SCRA 158. AC No. 5581, January 14, 2014.
While a marriage certificate is considered the primary evidence of a martial
union, it is not regarded as the sole the exclusive evidence of marriage.
Macua Vda. De Avenido vs. Avenido, 714 SCRA 447. GR No. 173540, January
22, 2014.
The Supreme Court has ruled that the immediate marking could be made at
the nearest police station or office of the apprehending team. People vs.
Palomares, 716 SCRA 158. GR No. 200915, February 12, 2014.
Marriage License
Before performing the marriage ceremony, the judge must personally
examine the marriage license presented. Tupal vs. Rojo, 717 SCRA 236. AM
No. MTJ-14-1842, February 24, 2014.
Marriage Settlements
As a general rule, any modification in the marriage settlements must be
made before the celebration of marriage. Noveras vs. Noveras, 733 SCRA
528. GR No. 188289, August 20, 2014.
Performing Illegal Marriage Ceremony
Article 352 of the Revised Penal Code, as amended, penalizes an authorized
solemnizing officer who shall perform or authorize any illegal marriage
ceremony. Romulo vs. People, 728 SCRA 675. GR No. 182438, July 2, 2014.
While Article 352 of the Revised Penal Code, as amended, does not
specifically define a marriage ceremony and what constitutes its illegal
performance, Article 3(3) and 6 of the Family Code are clear on these
matters.
Persons and Family Relations
Petitioner lacks capacity to sue because it no longer possesses juridical
personality by reason of its dissolution and lapse of the three-year grace
period provided under Section 122 of the Corporation Code, as will be
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discussed below. Alabang Development Corporation vs. Alabang Hills Village

Association, 724 SCRA 321. GR No. 187456, June 2, 2014.
The trustee of a corporation may continue to prosecute a case commenced
by the corporation within three years from its dissolution until rendition of
the final judgment, even if such judgment is rendered beyond the three-year
period allowed by Section 122 of the Corporation Code.
It was Mary Gine, the common-law wife of Camilo, who is the complainant in
the case. As a mere common-law wife of Camilo, she is not considered a
legal heir of the latter, and hence, has no legal personality to institute the
action for damages due to Camilos death. Cagayan II Electric Cooperatives,
Inc. vs. Rapanan, 743 SCRA 703. GR No. 199886, December 3, 2014.
Property Regime of Void Marriages
Under this property regime, 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 partys effort consisted in the care and maintenance of
the family household. Barrido vs. Nonato, 738 SCRA 510. GR No. 176492,
October 20, 2014.
Support
Section 8(g) of RA No. 9262 applies to all employers, whether private or
government. It bears stressing that Section 8(g) providing for spousal and
child support, is a support enforcement legislation. Republic vs. Yahon, 726
SCRA 438. GR No. 201043, June 16, 2014.
Under RA No. 9262, the provision of spousal and child support specifically
address one form of violence committed against women economic abuse.
Since the respondent is a citizen of Holland or the Netherlands, the Supreme
Court agrees with the RTC-Cebu that he is subject to the laws of his country,
not to Philippine law, as to whether he is obliged to give support to his child,
as well as the consequences of his failure to do so. Del Socorro vs. Van
Wilsem, 744 SCRA 516. GR No. 193707, December 10, 2014.
2013
Abandonment of Conjugal Dwelling
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Recent Jurisprudence in Persons and Family Relations

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Sexual infidelity and abandonment of the conjugal dwelling, even if true, do

not necessarily constitute psychological incapacity, these are simply grounds
for legal separation. Republic vs. Encelan, 688 SCRA 215. GR No. 170022,
January 9, 2013.
Aside from the time element involved, a wifes psychological fitness as a
spouse cannot simply be equated with her professional/work relationship;
workplace obligations and responsibilities are poles apart from their marital
counterparts.

Affinity
Affinity denotes the relation that one spouse has to the blood relatives of
the other spouse. It is a relationship by marriage or a familial relation
resulting from marriage. It is a fictive kinship, a fiction created by law in
connection with the institution of marriage and family relations. Tiggangay
vs. Wacas, 694 SCRA 264. AM OCA IPI No. 09-3243-RTJ.
Annulment of Marriage
Article 26 of the Family Code confers jurisdiction on Philippine courts to
extend the effect of a foreign divorce decree to a Filipino spouse without
undergoing trial to determine the validity of the dissolution of the marriage.
Fujiki vs. Marinay, 700 SCRA 69. GR No. 196043, June 26, 2013.
The principle of Article 26 of the Family Code applies in a marriage between
a Filipino and a foreign citizen who obtains a foreign judgment nullifying the
marriage on the ground of bigamy; If the foreign judgment is not recognized
in the Philippines, the Filipino spouse will be discriminated the foreign
spouse can remarry while the Filipino spouse cannot remarry.
Bigamy, as a ground for nullity of marriage, is fully consistent with Philippine
public policy as expressed in Article 35(4) of the Family Code and Article 349
of the Revised Penal Code.
The Supreme Court has consistently held that a judicial declaration of nullity
is required before a valid subsequent marriage can be contracted; or else,
what transpires is a bigamous marriage, which is void from the beginning as
provided in Article 35(4) of the Family Code of the Philippines. Iwasawa vs.
Gangan, 705 SCRA 669. GR No. 204169, September 11, 2013.
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Recent Jurisprudence in Persons and Family Relations

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Baptismal Certificates
While baptismal certificate may be considered public documents, they can
only serve as evidence of the administration of the sacraments on the dates
so specified. They are not necessarily competent evidence of the veracity of
entries therein with respect to the childs paternity. Salas vs. Matusalem, 705
SCRA 560. GR No. 180284, September 11, 2013.

Bigamy
Bigamy is a public crime. Thus, anyone can initiate prosecution for bigamy
because any citizen has an interest in the prosecution and prevention of
crime. If anyone can file a criminal action which leads to the declaration of
nullity of a bigamous marriage, there is more reason to confer personality to
sue on the husband or the wife of a subsisting marriage. Fujiki vs. Marinay,
700 SCRA 69. GR No. 196043, June 26, 2013.
For bigamy to exist, the second or subsequent marriage must have all the
essential requisites for validity except for the existence of a prior marriage.
Go-Bangayan vs. Bangayan, Jr., 700 SCRA 702. GR No. 201061, July 3, 2013.
Benjamin and Sally cohabitated without the benefit of marriage. Thus, only
the properties acquired by them through their actual joint contribution of
money, property, or industry shall be owned by them in common in
proportion to their respective contributions. Go-Bangayan vs. Bangayan, Jr.,
700 SCRA 702. GR No. 201061, July 3, 2013.
In a void marriage, it was though no marriage has taken place, thus, it
cannot be the source of rights. Garcia-Quiazon vs. Belen, 702 SCRA 707. GR
No. 189121, July 31, 2013.
Birth Certificates
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. Salas vs. Matusalem,
705 SCRA 560. GR No. 180284, September 11, 2013.
The presentation of the birth certificate is not an all-exclusive requisite in
proving the age of the victim. Certainly, the victims age may be proven by
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Recent Jurisprudence in Persons and Family Relations

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evidence other than that. People vs. Paldo, 712 SCRA 659. GR No. 200515,
December 11, 2013.
Conjugal Properties
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. Tan vs. Andrade, 703 SCRA 198. GR No. 171904, August 7, 2013.

Declaration of Presumptive Death

The Family Code was explicit that the courts judgment in summary
proceedings, such as the declaration of presumptive death of an absent
spouse under Article 41 of the Family Code, shall be immediately final and
executory. Republic vs. Cantor, 712 SCRA 1. GR No. 184621, December 10,
2013.
Divorce
While the Philippines does not have a divorce law, Philippine courts may,
however, recognize a foreign divorce decree under the second paragraph of
Article 26 of the Family Code, to capacitate a Filipino citizen to remarry when
his or her foreign spouse obtained a divorce decree abroad. Fujiki vs.
Marinay, 700 SCRA 69. GR No. 196049, June 26, 2013.
Family Code
View that whether or not one has a well-founded belief that his or her
spouse is dead depends on the unique circumstances of each case and that
there is no set standard or procedure in determining the same. Republic vs.
Cantor, 712 SCRA 1. GR No. 184621, December 10, 2013.
Family Courts
It must be stressed that Family Courts are special courts, of the same level
as Regional Trial Court. Under RA 8369, otherwise known as the Family
Courts Act of 1997, family courts have exclusive original jurisdiction to hear
and decide cases of domestic violence against women and children. Garcia
vs. Drilon, 699 SCRA 352. GR No. 179267, June 25, 2013.
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Recent Jurisprudence in Persons and Family Relations

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Family Law
The formal requisite of marriage are: (1) Authority of the solemnizing officer;
(2) A valid marriage license except in the cases provided for in Chapter 2 of
Title I; (3) A marriage ceremony which takes place with the appearance of
the contracting parties before the solemnizing officer and their personal
declaration that they take each other as husband and wife in the presence of
not less than two witnesses of legal age. Abbas vs. Abbas, 689 SCRA 646. GR
No. 183896, January 30, 2013.
The certification of the Local Civil Registrar that their office had no record of
a marriage license was adequate to prove the non-issuance of said license.
Family Relations
Under the Family Code, family relations, which is the primary basis for
succession, exclude relations by affinity. Ining vs. Vega, 703 SCRA 407. GR
No. 174727, August 12, 2013.
Filiation
Under Article 175 of the Family Code of the Philippines, illegitimate filiation
may be established in the same way and on the same evidence as legitimate
children. Salas vs. Matusalem, 705 SCRA 560. GR No. 180284, September
11, 2013.
An illegitimate child is now allowed to establish his claimed filiation by any
other means allowed by the Rules of Court and special laws, like his
baptismal certificate, a judicial admission, a family Bible in which his name
has been entered, common reputation respecting his pedigree, admission by
silence, the testimonies of witnesses, and other kinds of proof admissible
under Rule 130 of the Rules of Court.
The Supreme Court has ruled that a high standard of proof is required to
establish paternity and filiation.
Husband and Wife
In a void marriage, it was though no marriage has taken place, thus it cannot
be the source of rights. Garcia-Quiazon vs. Belen, 702 SCRA 707. GR No.
189121, July 31, 2013.
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Article 147 of the Family Code applies to the union of parties who are legally
capacitated and not barred by any impediment to contract marriage, but
whose marriage is nonetheless declared void under Article 36 of the Family
Code. Salas, Jr. vs. Aguila, 706 SCRA 252. GR No. 202370, September 23,
2013.
Marriage in Jest
A marriage in jest is a pretended marriage, legal in form but entered into as
a joke, with no real intention of entering into the actual marriage status, and
with a clear understanding that the parties would not be bound; Marriages in
jest are void ab initio, not for vitiated, defective or unintelligent consent, but
for a complete absence of consent. Republic vs. Albios, 707 SCRA 584. GR
No. 198780, October 16, 2013.
2012
Abandonment of Conjugal Home
Abandonment of the conjugal home is not one of the grounds for the nullity
of marriage under the Family Code; On the other hand, sexual infidelity is not
a valid ground for the nullity of marriage under Article 36 of the Family Code.
Republic vs. Court of Appeals, 685 SCRA 33. GR No. 159594, November 12,
2012.
Absolute Community
When a couple enters into a regime of absolute community, the husband and
the wife becomes joint owners of all the properties of the marriage.
Whatever property each spouse brings into the marriage, and those acquired
during the marriage (except those excluded under Article 92 of the Family
Code) form the common mass of the couples properties. Quiao vs. Quiao,
675 SCRA 642. GR No. 176556, July 4, 2012.
Under Article 102 of the Family Code, upon dissolution of marriage, an
inventory is prepared, listing separately all the properties of the absolute
community and the exclusive properties of each; then the debts and
obligations of the absolute community are paid out of the absolute
communitys assets and if the communitys properties are insufficient, the
separate properties of each of the couple will be solidarily liable for the
unpaid balance.
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Recent Jurisprudence in Persons and Family Relations

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Annulment of Marriage
By the very nature of cases involving the application of Article 36 of the
Family Code, it is logical and understandable to give weight to the expert
opinions furnished by psychologists regarding the psychological
temperament of parties in order to determine the root cause, juridical
antecedence, gravity and incurability of the psychological incapacity.
Mendoza vs. Republic, 685 SCRA 16. GR No. 157649, November 12, 2012.
In annulment of marriage cases, the investigation report of the prosecutor is
a condition sine qua non for the setting of pre-trial. Office of the Court
Administrator vs. Aquino, 686 SCRA 539. AM No. RTJ-10-2244, November 28,
2012.
Bigamy
Atty. Bede S. Tabalingcos acts of committing bigamy twice constituted
grossly immoral conduct and are grounds for disbarment under Section 27,
Rule 138 of the Revised Rules of Court. Villatuya vs. Tabalingcos, 676 SCRA
37. AC No. 6622, July 10, 2012.
It is essential in the prosecution for bigamy that the alleged second
marriage, having all the essential requirements, would be valid were it not
for the subsistence of the first marriage. Montaez vs. Cipriano, 684 SCRA
315. GR No. 181089, October 22, 2012.
Birth Certificate
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 said certificate. Perla vs. Baring, 685
SCRA 101. GR No. 172471, November 12, 2012.
Conjugal Partnerships
Pursuant to Article 160 of the Civil Code of the Philippines, 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. Dela Pea
vs. Avila, 665 SCRA 553. GR No. 187490, February 8, 2012.

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When a couple enters into a regime of conjugal partnership of gains under

Article 142 of the Civil Code, the husband and the wife place in common
fund the fruits of their separate property and income from their work or
industry, and divide equally, upon the dissolution of the marriage or of the
partnership, the net gains or benefits obtained indiscriminately by either
spouse during the marriage. Pana vs. Heirs of Jose Juanite, Sr., 687 SCRA
414. GR No. 164201, December 10, 2012.
Divorce
Under the principles of comity, our jurisdiction recognizes a valid divorce
obtained by a spouse of foreign nationality provided it is valid according to
his/her national law. Vda. De Catalan vs. Catalan-Lee, 665 SCRA 487. GR No.
183622, February 8, 2012.
A divorce obtained abroad is proven by the divorce decree itself. Indeed the
best evidence of a judgment is the judgment itself. The decree purports to be
a written act or record of an act of an official body or tribunal of a foreign
country.
Family Home
A family residence that was neuther judicially nor extrajudicially constituted
as a family home in accordance with the provisions of the Civil Code became
a family home by operation of law when the Family Code took effect on
August 3, 1988, and was thus prospectively exempt from execution. Oliva-De
Mesa vs. Acero, Jr., 663 SCRA 40. GR No. 185064, January 16, 2012.
The family home is exempt from execution, forced sale or attachment,
except for debts secured by mortgages on the premises before or after such
constitution. Fortaleza vs. Lapitan, 678 SCRA 469. GR No. 178288, August
15, 2012.
Family Law
The Supreme Court is mindful of the policy of the 1987 Constitution to
protect and strengthen the family as the basic autonomous social institution
and marriage as the foundation of the family. Thus, any doubt should be
resolved in favor of the validity of the marriage. Mendoza vs. Republic, 685
SCRA 16. GR No. 157649, November 12, 2012.
Filiation
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Filiation proceedings are usually filed not just to adjudicate paternity but also
to secure a legal right associated with paternity, such as citizenship, support
or inheritance. Gotardo vs. Buling, 678 SCRA 436. GR No. 165166, August
15, 2012.
The Court sustained the Cabais petitioners stance that the Regional Trial
Court had apparently erred in relying on the baptismal certificate to establish
filiation, stressing the baptismal certificates limited evidentiary value as
proof of filiation inferior to that of a birth certificate; and declaring that the
baptismal certificate did not attest to the veracity of the statements
regarding the kinsfolk of the one baptized. Makati Shangri-la Hotel and
Resort, Inc. vs. Harper, 679 SCRA 444. GR No. 189998, August 29, 2012.
Time and again, this Court has ruled that a high standard of proof is required
to establish paternity and filiation. An order for support may create an
unwholesome situation or may be an irritant to the family or the lives of the
parties so that it must be issued only if paternity or filiation is established by
clear and convincing evidence. Perla vs. Baring, 685 SCRA 101. GR No.
172471, November 12, 2012.
To prove open and continuous possession of the status of an
child, there must be evidence of the manifestation of the
intention of the supposed father to consider the child as his, by
and clear manifestation of parental affection and care, which
attributed to pure charity.

illegitimate
permanent
continuous
cannot be

Marriage Contracts
Having been issued by a government agency, the NSO certificate is accorded
much evidentiary weight and carries with it a presumption of regularity.
Villatuya vs. Tabalingcos, 676 SCRA 37. AC No. 6622, July 10, 2012.
Parental Authority
Since parental authority is vested by Article 176 of the Family Code upon the
mother and considering that an offender sentenced to reclusion perpetua
automatically loses the power to exercise parental authority over his
children, no further positive act is required of the parent as the law itself
provides for the childs status. Rondina vs. People, 672 SCRA 293. GR No.
179059, June 13, 2012.
2011
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Change of Name
A person can effect a change of name under Rule 103 using valid and
meritorious grounds. Republic vs. Coseteng-Magpayo, 641 SCRA 533. GR No.
189476, February 2, 2011.
Changes which may affect the civil status from legitimate to illegitimate are
substantial and controversial alteration which can only be allowed after
appropriate adversary proceedings.
Family Code
View that co-ownership only arises when there is clear proof showing the
acquisition of the property during the cohabitation of the parties, and the
actual joint contribution of the parties to acquire the same. Lacbayan vs.
Samoy, 645 SCRA 677. GR No. 165427, March 21, 2011.
View that mere cohabitation under Article 148 of the Family Code, without
proof of contribution, will not result in a co-ownership-proof of actual
contribution must be established by clear evidence showing that the party
either used his or her own money or that he or she actually contributed his
or her own money to purchase the property.
In a void marriage, any interested party may attack the marriage directly or
collaterally without prescription, which may be filed even beyond the lifetime
of the parties to the marriage. Juliano-Llave vs. Republic, 646 SCRA 637. GR
No. 169766, March 30, 2011.
Any disposition of the conjugal property after the dissolution of the conjugal
partnership must be made only after the liquidation; otherwise the
disposition is void. Heirs of Protacio Go, Sr. and Marta Barola vs. Servacio,
657 SCRA 10. GR No. 157537, September 7, 2011.
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. Nollora, Jr. vs. People, 657 SCRA 330. GR No. 191425, September 7,
2011.
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 psychological
problem must be grave, must have existed at the time of marriage, and must
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Recent Jurisprudence in Persons and Family Relations

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be incurable. Kalaw vs. Fernandez, 657 SCRA 822. GR No. 166357,

September 19, 2011.
Family Law
In a void marriage, regardless of its cause, the property relations of the
parties during the period of cohabitation is governed either by Article 147 or
Article 148 of the Family Code. Dio vs. Dio, 640 SCRA 148. GR No. 178044,
January 19, 2011.
Court should interpret Article 36 of the Family Code on a case-to-case basis,
guided by experience, the findings of experts and researchers in
psychological disciplines, and by decisions of church tribunals. Yambao vs.
Republic, 640 SCRA 355. GR No. 184063, January 24, 2011.
2010
Change of Name
In petitions for change of name, a person avails of a remedy to alter the
designation by which he is known and called in the community in which he
lives and is best known; Judicial permission for change of name aims to
prevent fraud and to ensure a record of the change by virtue of a court
decree. Republic vs. Mercadera, 637 SCRA 654. GR No. 186027, December 8,
2010.
Child Custody
Sole parental custody of a child less than seven years old-The relevant
Philippine law on child custody for spouses separated in fact or in law is that
no child under seven years of age shall be separated from the mother; This is
mandatory grounded on sound policy of consideration; Agreements object to
establish a post-divorce joint custody regime between respondent and
petitioner over their child under seven years old contravenes Philippine Law.
Dacasin vs. Dacasin, 611 SCRA 657. GR No. 168785, February 5, 2010.
Declaration of Nullity of Marriage
The Family Code recognizes only two types of defective marriages-void and
voidable marriages-and in both cases, the basis of the judicial declaration of
absolute nullity or annulment of the marriage exists before or at the time of
the marriage; Divorce contemplates the dissolution of the lawful union for
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Recent Jurisprudence in Persons and Family Relations

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cause arising after the marriage. Corpuz vs. Sto Tomas, 628 SCRA 266. GR
No. 186571, August 11, 2010.
In Dimayuga-Laurena v. Court of Appeals, 566 SCRA 154 (2008) the Court
explained: (a) Gravity-It must be grave and serious such that the party would
be incapable of carrying out the ordinary duties required in a marriage; (b)
Judicial Antecedence-It must be rooted in the history of the party antedating
the marriage, although the overt manifestation may emerge only after the
marriage; and (c) Incurability-It must be incurable, or even if it were
otherwise, the cure would be beyond the means of the party involved. Paz
vs. Paz, 613 SCRA 195. GR No. 166579, February 18, 2010.
The phrase psychological incapacity is not meant to comprehend all
possible cases of psychoses-it refers to no less than a mental (not physical)
incapacity that causes a party to be truly noncognitive of the basic marital
covenants that concomitantly must be assumed and discharged by the
parties to the marriage which, as expressed by Article 68 of the Family Code,
include their mutual obligations to live together, observe love, respect and
fidelity and render help and support. Baccay vs. Baccay, 636 SCRA 350. GR
No. 173138, December 1, 2010.
Psychological incapacity must be more than just a difficulty, a refusal, or
a neglect in the performance of some marital obligations-an unsatisfactory
marriage is not a null and void marriage.
The supposed personality disorder of the parties, considering that such
diagnoses were made, could have been fully established by psychometric
and neurological test which are designed to measure specific aspects of
peoples intelligence, thinking, or personality. Lim vs. Sta. Cruz-Lim, 611
SCRA 569. GR No. 176464, February 4, 2010.
A judge should not substitute his own psychological assessment of the
parties for that of the psychologist or the psychiatrist. The probative force of
the testimony of an expert does not lie in a mere statement of his theory or
opinion but rather in the assistance that he can render to the courts in
showing the facts that serve as a basis for his criterion and the reasons upon
which the logic of his conclusion is founded.
Family Home
If the family home was constructed before the effectivity of the Family Code,
or before 3 August 1988, then it must have been constituted either judicially
or extrajudicially as provided under Articles 225, 229-231 and 233 of the Civil
Code; For family homes constructed after the effectivity of the Family Code,
there is no need to constitute extrajudicially or judicially, and the exemption
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from execution is effective from the time it was constituted and lasts as long
as any of its beneficiaries under Art. 154 actually reside therein. Ramos vs.
Pangilinan, 625 SCRA 181. GR No. 185920, July 20, 2010.
Filial Privilege
Filial privilege applies only to direct ascendants and descendants, a family
tie connected by a common ancestry-a stepdaughter has no common
ancestry by her stepmother. Lee vs. Court of Appeals, 625 SCRA 66. GR No.
177861, July 13, 2010.
Filiation
Letters to the mother vowing to be a good father to the child and pictures of
the putative father cuddling the child on various occasions, together with the
certificate of live birth, proved filiation. Nepomuceno vs. Lopez, 616 SCRA
145. GR No. 181258, March 18, 2010.
Marriage Certificate
The fact of marriage may be proven by relevant evidence other than the
marriage certificate. Aonuevo vs. Intestate Estate of Rodolfo G. Jalandoni,
636 SCRA 420. GR No. 178221, December 1, 2010.

Marriages
A married woman has an option but not a duty, to use the surname of the
husband in any of the ways provided using her maiden name once she is
married because when a woman marries, she does not change her name but
only her civil status. Remo vs. Secretary of Foreign Affairs, 614 SCRA 281.
GR No. 169202, March 5, 2010.
In the case of renewal of passport, a married woman may either adopt her
husbands surname or continuously use her maiden name.
Once a married woman opted to adopt her husbands surname in her
passport, she may not revert to the use of her maiden name, except in the
cases enumerated in Section 5(d) of RA 8239. These instances are: (1) death
of husband, (2) divorce, (3) annulment, or (4) nullity of marriage. Since
petitioners marriage to her husband subsists, she may not resume her
maiden name in the replacement passport. Otherwise stated, a married
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Recent Jurisprudence in Persons and Family Relations

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womans reversion to the use of her maiden name must be based only on
the severance of the marriage.

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