Persons and Family Relations: San Beda College of Law

San Beda College of Law
MEMORY AID
IN
CIVIL LAW
PERSONS AND FAMILY RELATIONS

I. NEW CIVIL CODE
took effect on August 30, 1950
Effectivity of laws
GENERAL RULE: Laws take effect 15 days following the completion of its publication
EXCEPTION: Unless otherwise provided by the law. This refers to the 15 day period and
NOT to the requirement of publication. (Tanada vs. Tuvera)
NOTE: Administrative rules and regulations must also be published if their purpose is to
enforce or implement existing laws pursuant to a valid delegation. The publication must
be in full since its purpose is to inform the public of the contents of the law. (Phil. Intl
Trading Corp. vs. Angeles)
Ignorance of the law excuses no one
considered a CONCLUSIVE presumption and applies only to mandatory and prohibitory
laws. (Consunji vs. CA)
Non-retroactivity of laws
GENERAL RULE: Laws have no retroactive effect.
EXCEPTIONS: (UCIPELT)
1.Unless the law otherwise provides
2. Curative statutes
3. Interpretative statutes
4. Procedural/remedial
5. Emergency laws
6. Laws creating new rights
7. Tax laws
EXCEPTIONS TO THE EXCEPTIONS:
1. Ex post facto laws
2. Laws that impair obligation of contracts
Acts Contrary To Law
GENERAL RULE: Acts which are contrary to mandatory or prohibitory laws are void.
EXCEPTIONS:
1. When the law itself authorized its validity (ex. lotto, sweepstakes)
2. When the law makes the act only voidable and not void (ex. voidable contracts
where consent is vitiated)
3. When the law makes the act valid but punishes the violator (ex. marriage
solemnized by a person without legal authority)
Waiver of rights
Requisites: (EKI)
1. Existence of a right
2. Knowledge of the existence of a right
CIVIL LAW COMMITTEE
CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma.
Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease),
John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony
Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
2005 CENTRALIZED BAR OPERATIONS
3. Intention to relinquish the right

GENERAL RULE: Rights can be waived.
EXCEPTIONS:
1. If the waiver is contrary to law, public order, public policy, morals or good
customs (LPPMG)
2. If the waiver is prejudicial to a third party with a right recognized by law.
NOTE: A stipulation requiring the recipient of a scholarship grant to waive his right to
transfer to another school, unless he refunds the equivalent of his scholarship in cash is
null and void. The school concerned obviously understands scholarship awards as a
business scheme designed to increase the business potential of an educational institution.
Thus, conceived, it is not only inconsistent with sound policy, but also with good morals.
(Cui vs. Arellano University)
Laws applicable
1. Penal laws and laws of public security
territoriality rule governs
laws of the Philippines will govern upon ALL those who live or sojourn in it
2. Laws relating to family rights and duties, or to the status, condition and legal
capacity of persons
nationality rule applies
laws of the Philippines will govern its citizens, regardless of their residence
EXCEPTION: When a marriage between a Filipino citizen and a foreigner is validly
celebrated and a divorce is thereafter validly obtained abroad by the alien spouse
capacitating him or her to remarry, the Filipino spouse shall likewise have the capacity to
remarry under Philippine law. (Article 26(2) Family Code)
NOTE: domiciliary rule supplants the nationality rule in cases involving stateless persons
3. Laws on property
lex rei sitae applies
real property, as well as personal property is subject to the law of the country
where it is situated
4. Laws on forms and solemnities
lex loci celebrationis applies
Rules on Personal Law
DOMICILIARY
NATIONALITY
RULE
RULE
Basis
for
determining
personal law of an
individual is his
domicile
LEX
NATIONALII
Art.
CC
15,
basis
for
determining
personal law of an
individual
is
his
citizenship
LEX REI
SITAE
Art. 16, CC
LEX LOCI
CELEBRATIONIS
Art. 17, CC
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT

CHAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)

3
MEMORY AID
Citizenshi
p is the
basis for
determini
ng the
personal
law
applicable
Covers
family
rights &
duties,
status,
condition
& legal
capacity
Exception
:
Art. 26,
par. 2 of
Family
Code
Law of the
place
where the
property is
situated is
the basis
for
determinin
g law
applicable
Covers both
real &
personal
property
Law of the
place where
the contract
was executed
is the basis for
determining
law applicable
Exceptions:
(CIAO)
1. Capacity
to succeed
2. Intrinsic
validity of
the will
3. Amount
of
successiona
l rights
4. Order of
succession
Exceptions:
1. Art. 26, par.
1 of Family
Code
(marriage
involving
Filipinos
solemnized
abroad, when
such are void
in the
Philippines)
2. Intrinsic
validity of
contracts
IN
CIVIL LAW
Covers only
the forms &
solemnities
(extrinsic
validity)
Renvoi Doctrine
Where the conflict rules of the forum refer to a foreign law, and the latter refers
it back to the internal law, the latter (law of the forum) shall apply.
NOTE: If the foreign law refers it to a third country, the said countrys laws shall govern,
and is referred to as the transmission theory.
Doctrine of Processual Presumption
The foreign law, whenever applicable, should be proved by the proponent
thereof; otherwise, such law shall be presumed to be exactly the same as the law
of the forum.
Rule on Prohibitive Laws
GENERAL RULE: Prohibitive laws concerning persons, their acts or property and laws
which have for their object public order, public policy or good customs are not rendered
ineffective by laws, judgments promulgated or conventions agreed upon in foreign
country.
EXCEPTION: Art. 26, par. 2 Family Code
Example: Divorce law
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
Human Relations
Every person must, in the exercise of his rights and in the performance of his
duties, act with justice, give everyone his due, and observe honesty and good
faith. (Art. 19 of NCC)
NOTE: The elements of an abuse of right under Art. 19 are:
1. There is a legal right;
2. Which is exercised in bad faith;
3. For the sole intent of prejudicing or injuring another. (Albenson Ent. Corp. vs. CA)
The SC in Velayo vs. Shell held the defendant liable under Art. 19 for disposing of its
property (a perfectly legal act) in order to escape the reach of a creditor. Likewise, in
Globe
Mackay
Cable
and
Radio
Corp.
vs. CA, the employer corporation was held liable for damages for an abusive manner in
dismissing an employee, as well as for the inhuman treatment the latter got from them.
Every person who, contrary to law, willfully or negligently causes damage to

another, shall indemnify the latter for the same. (Art. 20 of NCC)
Any person who willfully causes loss or injury to another in a manner that is
contrary to morals, good customs or public policy shall compensate the latter for
the damage. (ART. 21 of NCC)
NOTE: Art. 21 deals with acts contra bonus mores, and has the following elements:
1. There is an act which is legal;
2. But which is contrary to morals, customs, public order;
3. and it is done with intent to injure.
Arts. 19, 20 and 21 are related to each other and, under these articles, an act
which
causes injury to another may be made the basis for an award of damages.
There is a common element under Arts. 19 and 21, and that is, the act must be done
intentional. However, Art. 20 does not distinguish, the act may be done either willfully
or negligently. (Albenson Ent. Corp. vs. CA)
The SC in Pe vs. Pe, applying Art. 21 ruled that a married man had seduced a girl
through an ingenious and tricky scheme, i.e. on the pretext of teaching her how to pray
the rosary, to the extent of making her fall in love with him. Verily, he has committed an
injury to the girls family in a manner contrary to morals, good customs and public policy.
However, in Tanjanco vs. CA, the SC denied the award of moral damages based on
the fact that for one year, from 1958-1959, the plaintiff, a woman of adult age,
maintained intimate sexual relations with defendant, with repeated acts of intercourse.
Such conduct is incompatible with the idea of seduction. Plainly, there is here
voluntariness and mutual passion; for had the plaintiff been deceived, had she
surrendered exclusively because of the deceit, artful persuasions and wiles of defendant,
she would not have again yielded to his embraces, much less for one year without
exacting early fulfillment of the alleged promises of marriage and would have cut short all
sexual relations upon finding that defendant did not intend to fulfill his promises. Hence,
no case is made under Art. 21 of Civil Code.
While a breach of promise to marry is not actionable, it has been held that to
formally set a wedding and go through and spend for all the wedding preparation and
publicity, only to walk out of it when the matrimony was about to be solemnized is a
CHAIRPERSONS

5
MEMORY AID
IN
CIVIL LAW
different matter. This palpably and unjustifiably contrary to good customs for which the
defendant must be held answerable for damages in accordance with Art. 21 of the Civil
Code. (Wassmer vs. Velez)
The obligation of cohabitation of husband and wife is not enforceable by contempt

proceedings. In private relations, physical coercion is barred under the the old maxim
Nemo potest preciso cogi ad factum. However, the refusal of the wife to perform her
wifely duties, her denial of consortium and her desertion of her husband would certainly
constitute a willful infliction of injury upon her husbands feelings in a manner which is
contrary to morals, good customs and public policy for which Arts. 21 and 2210 (10) of the
CC authorize an award for moral damages. (Tenchavez vs. Escano)
Prejudicial Question
GENERAL RULE: If both criminal and civil cases are filed in court, the criminal case
takes precedence.
EXCEPTION: When there is a prejudicial question or a question that arises in a case, the
resolution of which is a logical antecedent of the issue involved herein, and the
cognizance of which pertains to another tribunal.
Requisites (Sec. 7, Rule 111, Rules of Court)
a. Previously instituted civil action involves an issue similar or intimately related to
the issue raised in the subsequent criminal action, and
b. The resolution of such issue determines whether or not the criminal action may
proceed
NOTE: The Civil Code has suppletory application in matters governed by special laws
PERSONS
CIVIL PERSONALITY
aptitude of being the subject, active or passive, of rights and obligations
JURIDICAL
CAPACITY
Fitness to be the
subject of legal
relations
Passive
Inherent
Lost only through
death
Can exist without
capacity to act
Cannot be
limited or
restricted
CAPACITY TO ACT
Power to do act with
legal effects
Active
Merely acquired
Lost through death
and other causes
Cannot exist without
juridical capacity
Can be restricted,
modified or limited
THEORIES ON CAPACITY TO ACT

THEORY OF
THEORY OF
GENERAL
SPECIAL
CAPACITIES
CAPACITIES
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
Applies to
natural persons
One has the
ability to do all
things with legal
effects except
only in those
specific circumstances where
the capacity to
act is restrained
Applies to juridical
persons
This limits the power
of juridical persons
only to those that are
expressly conferred
upon them or those
which can be implied
therefrom or
incidental thereto
Natural persons
GENERAL RULE: Birth determines personality.
EXCEPTION: The law considers the conceived child as born for all purposes favorable to
it if born alive. Therefore, the child has a presumed personality, which has two
characteristics:
1. limited; and
2. provisional/conditional (Quimiguing vs. Icao)
NOTES:
The presumption as to the childs personality applies only in cases beneficial to the
child.
The concept of provisional personality CANNOT be invoked to obtain damages for and
in behalf of an aborted child. (Geluz vs. CA)
When is a Child Considered Born
GENERAL RULE: For civil purposes, the fetus is considered born if it is alive at the time
it is completely delivered from the mothers womb.
EXCEPTION: If the fetus had an intrauterine life of less than 7 months, it is not
deemed born if it dies within 24 hours after its complete delivery from the maternal
womb.
Presumption of survivorship
Two or more persons, called to succeed each other, shall be presumed to have
died at the same time, subject to the following conditions:
1. parties are heirs to one another
2. no proof as to who died first
3. with doubt as to who died first
NOTE: Article 43 applies when the parties are called to succeed each other. But if the
parties are not called to succeed each other, Rule 131, Sec. 3 (jj) of the Rules of Court
applies. Both are to be applied only in the absence of facts.
Juridical persons
WHO:
a. State and its political subdivisions
b. Corporations, institutions and entities for public purpose or interest
c. Corporations, partnership and associations for private interest
HOW CREATED: For (a) and (b), by the laws creating or recognizing them; private
corporations are governed by BP 68 and partnership and associations are governed by the
provisions of this Code concerning partnerships.
NOTE: The Roman Catholic Church is a corporation by prescription, with acknowledged
juridical personality, inasmuch as it is an institution which antedated, by almost a
thousand years, any other personality in Europe, and which existed when Grecian
CHAIRPERSONS

7
MEMORY AID
IN
CIVIL LAW
eloquence still flourished in Antioch and when idols where still worshipped in the temple
of Mecca. (Barlin vs. Ramirez)
The estate of a deceased person should be considered an artificial or juridical
person for the purposes of the settlement and distribution of his estate which, of course,
include the exercise during the judicial administration thereof of those rights and the
fulfillment of those obligations of his which survived after his death. (Limjoco vs.
Intestate Estate of Pedro Fragrante)
Cessation of Civil Personality
1. If natural persons: by death
2. If juridical persons: by termination of existence
CITIZENSHIP AND DOMICILE
RESIDENCE
DOMICILE
Used to indicate a
PLACE OF ABODE,
whether
permanent or
temporary
There can be
several places of
residence
denotes a FIXED
PERMANENT
RESIDENCE, which
when absent, one
has the intention of
returning
There can only be
ONE place of
domicile
Elements of Domicile
a. Physical presence in a fixed place
b. Intention to remain permanently (animus manendi)
Kinds of Domicile
1. Domicile of origin - received by a person at birth.
2. Domicile of choice - the place freely chosen by a person sui juris.
3. Constructive domicile - assigned to a child by law at the time of his birth.
II. FAMILY CODE
took effect August 3, 1988
MARRIAGE
A special contract of permanent union between a man and a woman entered into in
accordance with law for the establishment of conjugal and family life. Its nature,
consequences and incidents are fixed by law and cannot be the subject of stipulation.
Essential requisites: (LC)
1. Legal capacity of the contracting parties, who must be a male and a female
2. Consent freely given in the presence of a solemnizing officer
Formal requisites: (ALM)
1. Authority of the solemnizing officer
2. Valid Marriage License
3. Marriage ceremony where the contracting parties appear before the solemnizing
officer, with their personal declaration that the take each other as husband and wife
in the presence of not less than two witnesses of legal age
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
Effects:
1. Absence of essential or formal requisites
the marriage is void ab initio
2. Defect in any of the essential requisites
The is marriage voidable
3. Irregularity in any of the formal requisites
Does NOT affect the validity of the marriage BUT will hold the party responsible
for such irregularity liable
Persons Authorized To Solemnize Marriages: (PMJCCC)
1. priests, rabbis, and ministers of any church
2. municipal and city mayors
3. members of the judiciary
4. ship captains or air plane chiefs
5. commanders of military unit, in the absence of chaplain
6. consul generals, consuls or vice-consuls
Authorized Venues Of Marriage
GENERAL RULE: Must be solemnized publicly, and not elsewhere, in the:
1. chambers of the judge or in open court
2. church, chapel or temple
3. office of consul-general, consul or vice-consul
EXCEPTIONS:
1. marriage at the point of death (articulo mortis);
2. marriage in remote places
3. marriage at a house or place designated by the parties with the written request to the
solemnizing officer
Marriages Exempt From License Requirement: (MOLAR)
1. among Muslims or members of ethnic cultural communities, provided such were
solemnized in accordance with their customs, rites and practices
2. solemnized outside the Phil. where NO marriage license is required by the country
where they were solemnized
3. of a man and a woman who have lived together as husband and wife for at least 5
years and without legal impediment to marry each other
NOTE: The 5-year period should be computed on the basis of a cohabitation as
husband and wife where the only missing factor is the marriage contract to validate
the union. This 5-year period should be the years immediately before the day of the
marriage and it should be a period of cohabitation characterized by exclusivity meaning no third party was involved at any time within the 5 years and continuity that is unbroken (Ninal vs. Bayadog, GR No. 133778 March 14, 2000).
NOTE: In the case of Manzano vs. Sanchez (G.R. No. MTJ-00-1329, March 08, 2001),
the Supreme Court laid down the requisites to avail the exemption under Article 34 of
the Family Code:
a. The man and woman must have been living together as husband and wife for at
least five years before the marriage;
b. The parties must have no legal impediment to marry each other;
c. The fact of absence of legal impediment between the parties must be present at
the time of marriage;
d. The parties must execute an affidavit stating that they have lived together for at
least five years [and are without legal impediment to marry each other; and
e. 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
CHAIRPERSONS

9
MEMORY AID
IN
CIVIL LAW
4. in articulo mortis
5. in remote places
NOTE: A marriage license is valid only for 120 days from date of issue, in any part of the
Philippines.
Foreign Marriages
Validity of marriage:
GENERAL RULE: Where one or both parties to the marriage are citizens of the
Philippines, the foreign marriage is valid in this country if solemnized in accordance with
the laws of the country of celebration.
EXCEPTIONS: Foreign marriages shall not be recognized in the Philippines if prohibited
because: (MABB-PIP)
1. contracted by a national who is below 18 years of age
2. bigamous or polygamous (except as provided for in Art. 41, FC)
3. contracted through mistake of one party as to the identity of the other
4. contracted following the annulment or declaration of nullity of a previous
marriage but before partition
5. void due to psychological incapacity
6. incestuous
7. void for reasons of public policy
Validity of divorce:
GENERAL RULE: A divorce validly obtained abroad by the alien spouse, capacitating
him/her to remarry can allow the Filipino to remarry.
EXCEPTION: The rule will not apply if the divorce was obtained by the Filipino spouse.
NOTE: A Filipino wife remains the lawful wife of the Filipino husband despite a decree of
divorce obtained abroad by the wife. However, if the wife is already a foreigner at the
time of the divorce, she ceases to be the lawful wife of the Filipino husband. This,
notwithstanding, if at the time of the marriage the wife was still a Filipino, and
subsequently acquires citizenship of another country, thereby rendering her to have the
legal capacity to obtain a decree of divorce, the Filipino husband remains a spouse of the
former. This situation is not covered by Art. 26, par.2 which requires that, at the time of
the marriage, one of the parties is already an alien.
VOID MARRIAGES
A. Due to absence of any of the essential requisites: (BB-LAPIS)
1. contracted by any party below 18 years of age even with parental consent
2. solemnized by any person not legally authorized to perform marriages unless one or
both of the parties believed in good faith that the solemnizing officer had the legal
authority to do so
3. solemnized without a license except as otherwise provided
4. bigamous or polygamous marriages
5. marriages contracted through mistake of one of the parties as to the identity of the
other
6. subsequent marriages that are void under Article 53 of the Family Code
7. contracted by a party who at the time of the marriage was psychologically
incapacitated
B. Incestuous marriages, whether the relationship be legitimate or illegitimate
(Article 37):
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
10
1. between ascendants & descendants of any degree

2. between brothers & sisters whether full or half-blood
C. Those contrary to public policy (Article 38): (SCAPS-SAKA)
1. between collateral blood relatives whether legitimate or illegitimate up to the 4 th
civil degree
2. between step-parents & step children
3. between parents-in-law & children-in-law
4. between the adopting parent & the adopted child
5. between the surviving spouse of the adopting parent & the adopted child
6. between the surviving spouse of the adopted child & the adopter
7. between an adopted child & a legitimate child of the adopter
8. between the adopted children of the same adopter
9. between parties where one, with the intention to marry the other, killed the latters
spouse, or his/her spouse.
NOTE: Under the FC, the following can now marry each other:
a. Brother-in-law and sister-in-law;
b. Stepbrother and stepsister;
c. Guardian and ward;
d. Adopted and illegitimate child of the adopter;
e. Parties who have been convicted of adultery or concubinage.
D.
1.
2.
3.
Subsequent marriages
without judicial declaration of nullity of previous void marriage (Article 40)
without judicial declaration of presumptive death of absent spouse (Article 41)
where the spouse was presumed dead, and both the present spouse and would-be
spouse were in bad faith in contracting marriage (Article 44)
NOTE: Where there was failure to record in the civil registry and registry of property the
judgment of annulment or of absolute nullity of the marriage, partition and distribution of
the property of the spouses and the delivery of the childrens presumptive legitimes it
shall not affect third persons (Articles 52-53).
NOTE: Even if a marriage is void, it must be declared void first because the parties cannot
decide for themselves the invalidity of their marriage.
VOID
VOIDABLE
Decree of nullity
Decree
of
annulment
Never be ratified
Ratified by free
cohabitation
Attacked directly or Attacked
directly
collaterally
only
Co-ownership
Conjugal
Partnership
Always void
Valid until annulled
Action for
Action prescribes
declaration of
nullity does not
prescribe
Psychological Incapacity
no exact definition but is restricted to psychological incapacity to comply with the
essential marital obligations of marriage
involves a senseless, protracted and constant refusal to comply with the essential
CHAIRPERSONS

11
MEMORY AID
IN
CIVIL LAW
marital obligations by one or both of the spouses although he, she or they are
physically capable of performing such obligations (Chi Ming Tsoi vs. CA)
Essential elements: (MAVFFCCI)

a. Mental condition
b. Applies to a person who is maritally contracted to another
c. Marriage entered into with volition
d. Failure to perform or comply with the essential obligations in marriage
e. Failure to perform is chronic
f. Cause is psychological in nature
g. Cause is serious, with juridical antecedence and must be incurable
h. Incapacity results in the failure of the marriage.
JURISPRUDENTIAL GUIDELINES: (Republic vs. Molina)

1. burden of proof belongs to the plaintiff
2. root cause of the psychological incapacity must be:
a. medically or clinically identified
b. alleged in the complaint
c. sufficiently proven by experts
d. explained in the decision
3. incapacity must be existing at the time of the celebration of marriage
4. incapacity must be permanent or incurable
5. illness is grave enough to bring about disability to assume marital obligations
6. marital obligations refer to Art. 68-71 of FC as well as Art. 220,221 and 225 of the FC
7. interpretations of the National Appellate Matrimonial Tribunal of the Catholic Church
of the Philippines while not controlling should be given great respect.
8. trial court must order the prosecuting attorney or fiscal and the Solicitor General to
appear for the state.
JUDICIAL OF DECLARATION OF NULLITY
The absolute nullity of a previous marriage may be invoked for purposes of
remarriage on the basis solely of a final judgment declaring such previous
marriage void.
NOTES:
For purposes of remarriage, the only legally acceptable basis for declaring a
previous marriage an absolute nullity is a final judgment declaring such previous
marriage void, whereas, for purposes other than remarriage, other evidence is
acceptable. (Domingo vs. CA)
In a case for concubinage, the accused need not present a final judgment
declaring his marriage void for he can adduce evidence in the criminal case of the
nullity of his marriage other than proof of a final judgment declaring his marriage void.
Hence, the pendency of the civil action for nullity of marriage does not pose a
prejudicial question in a criminal case for concubinage.
Parties to the marriage should not be permitted to judge for themselves its
nullity, for the same must be submitted to the judgment of the 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 for all
intents and purposes. Therefore, he who cohabits with a woman not his wife, before
the judicial declaration of nullity of the marriage, assumes the risk of being prosecuted
for concubinage. (Beltran vs. People, June 20, 2000)
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
12
BIGAMOUS MARRIAGES
GENERAL RULE: A marriage contracted by any person during the subsistence of a
previous valid marriage shall be null and void.(Gomez vs. Lipana)
EXCEPTIONS: When the following conditions concur, the subsequent bigamous marriage
shall be valid:
1. absence of the other spouse must have been for four consecutive years, or two
years where there was danger of death
2. well-founded belief of the present spouse that absent spouse was already dead
3. judicial declaration of presumptive death
EFFECTS OF TERMINATION OF SUBSEQUENT MARRIAGE: (ICADI)
1. Children of the subsequent marriage conceived prior to its termination shall be
considered legitimate;
2. The absolute community or conjugal partnership shall be dissolved and liquidated. If
either spouse acted in bad faith, his/her share in the net profits shall be forfeited:
a. in favor of the common children;
b. if none, in favor of the children of the guilty spouse by previous marriage; or
c. in default of children, in favor of the innocent spouse;
3. Donations by reason of the marriage remain valid except if the donee contracted the
marriage in bad faith;
4. The innocent spouse may revoke the designation of the spouse in bad faith as the
beneficiary in any insurance policy; and
5. The spouse who contracted the subsequent marriage in bad faith shall be disqualified
to inherit from the innocent spouse by testate or intestate succession.
NOTE: The above effects apply in voidable bigamous marriages. Except for (1), the above
effects also apply to marriages which are annulled or declared void ab initio under Art. 40
of the Code.
DECLARATION OF PRESUMPTIVE DEATH
Requisites: (MR-BF)
1. That the absentee spouse has been missing for 4 consecutive years or 2 consecutive
years if the disappearance occurred where there is danger of death under
circumstances laid down in Art.391 of the NCC
2. The present spouse wishes to remarry;
3. The present spouse has well-founded belief that the absentee is Dead;
4. The present spouse files a summary proceeding for the declaration of presumptive
death.
NOTE: The present spouse must establish that he had a well-founded belief required by
law that his absent wife was already dead that would sustain the issuance of a court order
declaring presumptive death. In the case of RP vs. Nolasco, The SC believed that
respondent Nolasco failed to conduct a search for his missing wife with such diligence as
to give rise to a well-founded belief that she is dead. When he arrived in San Jose,
Antique after learning of his wifes departure, instead of seeking the help of local
authorities or of the British embassy, he secured another seamans contract and went to
London, a vast city of many millions of inhabitants, to look for her there. (RP vs. Nolasco)
Effect of Reappearance of Absent Spouse:
GENERAL RULE:
The subsequent bigamous marriage under Article 41 remains valid
despite reappearance of the absentee spouse.
EXCEPTION: If the reappearance was made in a sworn statement recorded in the civil
registry, the subsequent marriage is automatically terminated.
EXCEPTION TO THE EXCEPTION: If there was a previous judgment annulling or declaring
the first marriage a nullity, the subsequent bigamous marriage remains valid.
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MEMORY AID
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VOIDABLE MARRIAGES
Grounds: (UP-FAVS)
1. Age of the party in whose behalf it is sought to have the marriage annulled was 18
years of age or over but below 21, and the marriage was solemnized without the
consent of the parents, guardian or person exercising substitute parental authority
over the party, in that order, and both lived together as husband and wife;
2. Unsound mind of either party
3. Fraudulent means of obtaining consent of either party
4. Vitiated consent of either party through force, intimidation or undue influence
5. Physical incapability of either party to consummate the marriage with the other, and
such incapacity continues and appears to be incurable
6. Sexually-transmissible disease of either party found to be serious and appears to be
incurable
NOTE: Mode of ratification for Nos. 1-4 is COHABITATION. In Nos. 5 & 6, there is no
ratification to speak of since the defect is permanent. The latter can be convalidated only
by prescription, i.e. 5 years from the date of marriage. Specifically, in no.5, the healthy
spouse may still annul the marriage within 5yrs. after celebration.
Circumstances amounting to Fraud under Article 46: (SPND)
1. Non-disclosure of a previous conviction by final judgment of the other party of a
crime involving moral turpitude;
2. Concealment by the wife of the fact that at the time of the marriage, she was
Pregnant by a man other than her husband;
3. Concealment of a Sexually transmissible disease, regardless of its nature, existing at
the time of the marriage; and
4. Concealment of Drug addiction, habitual alcoholism, homosexuality or lesbianism
existing at the time of the marriage.
NOTES:
Misrepresentation as to character, health, rank, fortune or chastity is not a ground for
annulment.
The enumeration in Article 46 is EXCLUSIVE. (Anaya vs. Palaroan)
Ground
(F2I2NS)
Persons
Who May
Sue
1.Force,
Injured party
intimidation
, or undue
influence
2. Fraud
Injured party
CIVIL LAW COMMITTEE
Prescripti
ve Period
w/in
5
years from
the
time
the force,
intimidatio
n, or undue
influence
ceased
w/in
5
years from
the
discovery
of
fraud
Rhodora
John Stephen
Purganan(LTD),
14
3. incapabi- Injured party

lity to
consummate
w/in
5
years after
the
celebration
of
the
marriage
4. Insanity
(a)
sane
spouse who
has
no
knowledge of
the insanity
(b) relatives,
guardians or
persons having
legal
charge of the
insane
(c)
insane
spouse
5. Nonconsent
(a)
parent/
legal
guardian
having charge
of the noconsent
party
(b)
no
consent
party
Injured party
(a) anytime
before the
death
of
either party
(b) anytime
before the
death
of
either party
(c) during
lucid
interval or
after
regaining
sanity
(a) anytime
before the
no
consent
party
reaches 21
(b) w/in 5
years after
reaching 21
6. STD
w/in
5
years after
the
celebration
of
the
marriage
NOTE: In Nos. 1, 2, 4, and 5, when cohabitation takes place after the defect ceases to
exist, the prescriptive period is rendered moot and academic. Whichever comes first may
convalidate the marriage: Cohabitation or Prescription.
Requisites for annulment due to Impotence under Art.45(5) (CUPIN)
a. Impotence exists at the time of the celebration of the marriage
b. The impotence is permanent
c. incurable
d. The impotence is unknown to the other spouse
e. The other spouse must not also be impotent
Doctrine of Triennial Cohabitation
presumption that the husband is impotent should the wife still remain a virgin after 3
years of living together with her husband.
Requisites for annulment due to Disease under Article 45(6) (ICSIIF)
1. Either party is inflicted with a sexually transmissible disease (STD)
ADDITIONAL REQUIREMENTS FOR ANNULMENT OR DECLARATION OF NULLITY
1.Prosecuting attorney or fiscal should:
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15
MEMORY AID
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a. Take steps to prevent collusion between the parties

b. Take care that evidence is not fabricated or suppressed
2.The following must be accomplished:
a. Partition and distribution of the properties of the spouses
b. Delivery of the childrens presumptive legitimes
c. Recording of the judgment of annulment or absolute nullity.
NOTES:
There will be collusion only if the parties had arranged to make it appear that a
ground existed or had been committed although it was not, or if the parties had
connived to bring about a matrimonial case even in the absence of grounds therefore.
(Ocampo vs. Florenciano)
A grant of annulment of marriage or legal separation by default is fraught with danger
of collusion. If the defendant spouse fails to answer the complaint, the court cannot
declare him or her in default but instead, should order the prosecuting attorney to
determine if collusion exists between the parties.
However, petitioners vehement opposition to the annulment proceedings negates
the conclusion that collusion existed between the parties. Under these circumstances,
the non-intervention of a prosecuting attorney to assure lack of collusion between the
contending parties is not fatal to the validity of the proceedings in the trial court.
(Tuason vs. CA, GR 116607, April 10, 1996)
RULE ON DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT
OF VOIDABLE MARRIAGES (A.M. 00-11-01-SC)
took effect on March 15, 2003
this Rule shall govern petitions for declaration of absolute nullity of void marriages
and annulment of voidable marriages under the Family Code of the Philippines.
the Rules of Court has suppletory application
for a more comprehensive discussion on the procedural aspects of the Rule, please
refer to the Remedial Law Memory Aid.
LEGAL SEPARATION
Grounds: (SAMBA-LIPAD)
1. repeated physical violence or grossly abusive conduct directed against the petitioner,
a common child, or a child of the petitioner
2. attempt of the respondent to corrupt or induce the petitioner, a common child, or a
child of the petitioner, to engage in prostitution, or connivance in such corruption or
inducement
3. attempt by the respondent against the life of the petitioner
4. final judgment sentencing the respondent to imprisonment of more than 6 years even
if pardoned
5. drug addiction or habitual alcoholism of the respondent
6. lesbianism or homosexuality of the respondent
7. abandonment of the petitioner by the respondent without justifiable cause for more
than 1 year
8. physical violence or moral pressure to compel petitioner to change religious or
political affiliation
9. contracting by respondent of a subsequent bigamous marriage; and
10. sexual infidelity or perversion.
NOTES:
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
16
Cooling-off Period 6 months period designed to give the parties enough time to
further contemplate their positions with the end in view of attaining reconciliation
between them.
The enumeration in Article 55 regarding legal separation is EXCLUSIVE. (Lacson vs. San
Jose-Lacson)
Grounds for denial of petition:

(CCCC-MP-DR)
a. Condonation -NOTE: failure of the husband to look for his adulterous wife is NOT
condonation to wife's adultery. (Ocampo vs. Florenciano)
b. Consent
c. Connivance
d. Collusion
e. Mutual Guilt
f. Prescription
g. Death of either party during the pendency of the case (Lapuz-Sy vs. Eufemio)
h. Reconciliation of the spouses during the pendency of the case
Effects of filing petition:
a. The spouses shall be entitled to live separately from each other.
b. The husband shall have no more right to have sexual intercourse with his wife.
c. In the absence of an agreement between the parties, the court shall designate the
husband, the wife, or a 3 rd person to manage the absolute community or conjugal
partnership property.
Effects of decree of legal separation:

a. The spouses shall be entitled to live separately from each other but the marriage
bond is not severed.
b. The absolute community or conjugal partnership shall be dissolved and liquidated.
c. The custody of the minor children shall be awarded to the innocent spouse subject to
the provisions of Art. 213 of the Code.
d. The offending spouse shall be disqualified from inheriting from the innocent spouse by
intestate succession and the provisions in favor of the offending spouse made in the
will of the innocent spouse shall be revoked by operation of law.
e. The innocent spouse may revoke the donations made by him/her in favor of the
offending spouse, as well as the designation of the latter as beneficiary in any
insurance policy, even if the designation be irrevocable.
Effects of Reconciliation of the Spouses:
a. The legal separation proceedings, if still pending, shall thereby be terminated at
whatever stage.
b. The final decree of legal separation shall be set aside, but the separation of property
and any forfeiture of share of the guilty spouse already effected shall subsist, unless
the spouses agree to revive their former property regime.
RULE ON LEGAL SEPARATION
(A.M. 02-11-11-SC)
took effect on March 15, 2003
this Rule shall govern petitions for legal separation under the Family Code in the
Philippines; the Rules of Court shall apply suppletorily
please refer to the Remedial Law Memory Aid for the procedural provisions of the
Rule
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MEMORY AID
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MARITAL RIGHTS AND OBLIGATIONS

(JL-FORM)
1. live together
2. observe mutual love, respect & fidelity
3. render mutual help & support
4. fix the family domicile
5. joint responsibility for the support of the family
6. management of the household
Exercise of Profession
GENERAL RULE:
Husband & wife can engage in any lawful enterprise or profession
without the consent of the other.
EXCEPTION: Upon objection of the other spouse only on valid, serious and moral
grounds, may the formers consent be necessary.
Property Relations Between Husband & Wife
Governed by:
1. marriage settlements executed before the marriage or antenuptial agreements
2. provisions of the Family Code
3. local customs (when spouses repudiate absolute community)
MARRIAGE SETTLEMENTS
It is a contract entered into by the future spouses fixing the matrimonial property
regime that should govern during the existence.
1.
2.
3.
4.
5.
6.
Requisites:
made before celebration of marriage
in writing (even modifications)
signed by the parties
not prejudice third persons unless registered in the civil registry
to fix terms and conditions of their property relations
additional signatories
a. 18-21: parents
b. civil interdictees & disabled: guardian
1.
2.
3.
Not applicable when:

both spouses are aliens, even if married in the Philippines
as to extrinsic validity of contracts
contrary stipulation
DONATIONS BY REASON OF MARRIAGE

Requisites: (COBB)
1. made before celebration of marriage
2. in consideration of marriage
3. in favor of one or both future spouses
BASES
DONATIONS
PROPTER
NUPTIAS
CIVIL LAW COMMITTEE
ORDINARY
DONATIONS
Rhodora
John Stephen
Purganan(LTD),
18
Formalities Governed by the
rules on ordinary
donations except
that if future
property is
donated, it must
conform with
formalities of wills
Governed
by rules on
donations
(Arts. 725773, NCC)
Present May be donated but No limit

Property up to 1/5 of
except that
donors present
donor shall
property
leave property
enough for his
support
Future
May be included
Cannot be
property provided donation included
is mortis causa
Grounds
Art. 86, FC
for
revocation
Arts. 760,
764, & 765,
NCC
Rule on Donation Between Spouses During Marriage

GENERAL RULE: VOID, either direct or indirect donation
EXCEPTIONS:
1. moderate gifts on occasions of family celebrations
2. donations mortis causa
NOTE: This rule also applies to common-law spouses. (Article 87, Family Code)
Grounds for Revocation (VIRAL-CN)
1. marriage Not celebrated or declared Void ab initio except those made in marriage
settlements
2. marriage without parental Consent
3. marriage is Annulled and donee is in bad faith
4. upon Legal separation, the donee being the guilty spouse
5. complied Resolutory condition
6. donee commits acts of Ingratitude
SYSTEM OF ABSOLUTE COMMUNITY (AC)
The property regime of the spouses in the absence of a marriage settlement or when
the marriage is void. This is so because it is more in keeping with Filipino culture.
GENERAL RULE: Community property shall consist of all property owned by the spouses
at the time of the marriage or acquired thereafter.
EXCEPTIONS: (BEG)
1. property acquired before the marriage by either spouse who has legitimate
descendants by a former marriage
2. property for personal and exclusive use except jewelry
3. property acquired during the marriage by gratuitous title, except when the donor,
testator or grantor expressly provides otherwise
NOTE: No waiver of rights allowed during the marriage except in case of judicial
separation of property. The waiver must be in a public instrument.
Administration of the community property
GENERAL RULE: It shall belong to both spouses jointly.
EXCEPTIONS:
1. In case of disagreement, husbands decision shall prevail.
2. In case one spouse is incapacitated or unable to participate in the administration
CHAIRPERSONS

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MEMORY AID
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of the common properties, other spouse may assume sole powers.

NOTE: These powers do not include:
a. Disposition
b. encumbrance
NOTE: Any alienation or encumbrance is void if without the written consent of the other
spouse
Rule on Game of Chance
LOSS: Shall be borne by the loser-spouse and shall not be charged to the community
property
WINNINGS: Shall form part of the community property
Steps in Liquidation of AC: (IP-DDP)
1. Inventory
a. Inventory of Community Property
b. Inventory of separate property of the wife
c. Inventory of separate property of the husband
2. Payment of Community Debts
First, pay out of community assets, if not enough, husband and wife are solidarily liable
3. Delivery to each spouse his/her separate property if any

4. Division of the net community assets
5. Delivery of presumptive legitimes, if any, to the children
CONJUGAL PARTNERSHIP OF GAINS (CP)
It is that formed by a husband and wife whereby they place in a common fund the
fruits of their separate property, and the income from their work or industry, the
same to be divided between them equally (as a general rule) upon the dissolution of
the marriage or the partnership.
Conjugal Partnership Property: (LC2 FONT)
1. obtained from labor, industry, work or profession
2. acquired by chance
3. acquired during the marriage with conjugal funds
4. fruits of the conjugal property
5. acquired through occupation
6. net fruits of their exclusive property
7. share of either spouse in hidden treasure
Exclusive Property Of Each Spouse: (OGRE)
1. that which is brought to the marriage as his/her own
2. acquired during the marriage by gratuitous title
3. acquired by right of redemption, barter or exchange with property belonging to either
spouse
4. purchased with exclusive money of either spouse
Rules In Cases Of Improvement Of Exclusive Property
1. Reverse Accession if the cost of the improvement and the plus value is more than
the value of the principal property at the time of the improvement, the property
becomes conjugal
2. Accession if the cost of the improvement of the plus value is equal to or less than
the value of the principal property at the time of the improvement, the entire
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
20
property becomes the exclusive property of the spouse.

Steps In Liquidation Of CP: (DIRDO-DIP)
1. Inventory of the Conjugal Partnership of Gains assets
2. Restitution of advances made to each spouse
3. Payment of debts to each spouse
4. Payment of obligations to third parties
5. Delivery of exclusive properties
6. Payment of losses and deterioration of movables belonging to each spouse
7. Delivery of presumptive legitimes
8. Division of the net conjugal partnership properties
NOTE: Property bought on installments paid partly from exclusive funds of the spouses
and partly form conjugal funds:
a. If full ownership was vested before the marriage it shall belong to the buyerspouse
b. If full ownership was vested during the marriage - it shall belong to the conjugal
partnership
Charges Upon and Obligations Of AC and CP:
1. Support for family except for illegitimate children of either spouse;
2. Debts and obligations which must have been contracted:
a. by administrator-spouse for the benefit of the family;
b. by both spouses; or
c. by one spouse with the consent of the other;
3. Debts and obligations without marital consent provided the family was benefited;
4. All taxes, liens, charges and expenses including major or minor repairs upon the
community or conjugal property;
NOTE: However, in conjugal partnership, actual use need not be proved because it is
presumed.
5. All taxes and expenses for mere preservation made during the marriage upon the
exclusive property of either spouse used by the family;
6. Expenses for education or self-improvement of either spouse;
7. Ante-nuptial debts of either spouse insofar as they have redounded to the benefit of
the family;
8. The value of what is donated or promised by both spouses in favor of their common
legitimate children for education or self-improvement; and
9. Expenses of litigation between spouses unless found to be groundless.
NOTES:
The separate properties shall be solidarily and subsidiarily liable for the obligations if
the community or conjugal properties are insufficient.
The absolute community property shall also be liable for ante-nuptial debts
mentioned above, support of illegitimate children, and liabilities incurred by either
spouse by reason of a crime or quasi-delict in case of insolvency of the exclusive
property of the debtor-spouse. Payment of which shall be advanced by the absolute
community property, subject to deduction from the share of the debtor-spouse.
The conjugal partnership property shall likewise be liable for the payment of the
personal debts of either spouse insofar as they have redounded to the benefit of the
family.
Indirect benefits that might accrue to a husband in his signing a surety or guarantee
agreement not in favor of the family but in favor of his employer corporation are not
the benefits that can be considered as giving a direct advantage accruing to the
family. Hence, the creditors cannot go against the conjugal partnership property of
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MEMORY AID
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the husband in satisfying the obligation subject of the surety agreement. A contrary
view would put in peril the conjugal partnership property by allowing it to be given
gratuitously as in cases of donation of conjugal partnership property, which is
prohibited. (Ayala Investment Corp. vs. CA)
Grounds For Termination Of Absolute Community And Conjugal Partnership: (LADS)
1. decree of legal separation
2. annulment or declaration of nullity of marriage
3. death of either spouses
4. judicial separation of property
REGIME OF SEPARATION OF PROPERTY
Causes: (CLAAPS)
a. petitioners spouse has been sentenced with a penalty which carries with it civil
interdiction;
b. loss of parental authority of the petitioners spouse as decreed by the court;
c. petitioners spouse has been judicially declared an absentee;
d. abandonment by the petitioners spouse and failure to comply with the obligations to
the family;
e. spouse granted power of administration in marriage settlement abused such power;
and
f. at the time of the petition, spouses are separated in fact for at least 1 year and the
possibility for reconciliation is highly improbable.
NOTE: The spouses contribute to the family expenses proportionately with their income
and the value of their properties. However, the liability of the spouses to the creditors for
family expenses is solidary.
PROPERTY REGIME OF UNIONS WITHOUT MARRIAGE
Art. 147
Art. 148
Applicability
1. Without
legal
impediment to
marry
2. Void
marriages due
to absence of
formal
requisite
Salaries & Owned in

Wages
equal shares
1. With legal
impediment to
marry
2. Adulterous
relationships
3. Bigamous or
polygamous
marriages
4. Incestuous
void marriages
under Art. 37
5. Void
marriages by
reason of
public policy
under Art. 38
Separately
owned by the
parties
Property Belongs to such Belongs to

Acquired party provided such party
Exclusively there is proof
by Either that he/she
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
22
Party
acquired it by
exclusive funds
Property
Acquired
by Both
Parties
Governed by
the rules on
coownership
Presumption
(prima
facie)
Presumption
of joint
acquisition
and equal
sharing as to
property
acquired
while they
live
together.
Forfeiture When only
one of the
parties is in
good faith,
the share of
the party in
bad faith in
the coownership
shall be
forfeited:
a. in favor
of their
common
children; or
b. in default
of or in case
of waiver by
any or all of
the common
children or
their
descendants,
in favor of
the innocent
party.
Owned by
them in
common in
proportion to
their
respective
contributions
No
presumption of
joint
acquisition.
When there is
evidence of
joint
acquisition but
none as to the
extent of
actual
contribution,
there is a
presumption of
equal sharing.
If one of the
parties is
validly married
to another,
his/her share
in the coownership
shall accrue to
the absolute
community or
conjugal
partnership
existing in
such valid
marriage.
If the party
who acted in
bad faith is not
validly married
to another or
if both parties
are in bad
faith, such
share shall be
forfeited in
the manner
provided in the
last paragraph
of Article 147.
NOTE: Under Art. 148, only the properties acquired by both of the parties through their
actual joint contribution of money, property or industry shall be owned by them in
proportion to their respective contributions. It must be stressed that actual contribution
is required by this provision, in contrast to Art. 147 which state that efforts in the care
and maintenance of the family and household, are regarded as contributions to the
CHAIRPERSONS

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MEMORY AID
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acquisition of common property by one who has no salary or income or work or industry.
If the actual contribution of the party is not proved, there will be no co-ownership and
no presumption of equal shares. (Agapay vs. Palang). Hence, mere cohabitation without
proof of contribution will not result in a co-ownership. (Tumlos vs. Fernandez).
THE FAMILY
Basic social institution which public policy cherishes and protect hence, no suit
between members of the family shall prosper unless the compromise between the
parties have failed
FAMILY RELATIONS INCLUDE:
1. between husband and wife
2. between parents and children
3. among ascendants and descendants
4. among brothers and sisters whether full or half-blood
FAMILY HOME
GENERAL RULE: The family home is exempt from execution, forced sale or attachment.
EXCEPTIONS: (PLMN)
1. debts incurred prior to constitution
2. debts due to laborers, mechanics, architects, builders, material men and others
who have rendered service or furnished materials for the construction of the
building
3. debts secured by mortgages
4. non-payment of taxes
Guidelines:
deemed constituted from time of actual occupation as a family residence
must be owned by person constituting it
must be permanent
rule applies to valid and voidable and even to common-law spouses under Articles 147
and 148
5. continues despite death of one or more spouses or unmarried head of the family for
10 years, or as long as a minor beneficiary lives
6. can constitute one (1) family home only
1.
2.
3.
4.
PATERNITY AND FILIATION

Rule on Children Conceived as a Result of Artificial Insemination
Status is legitimate child, provided both husband and wife authorized or ratified the
insemination in a written instrument which they executed and signed before the birth
of the child
Legitimate Children
GENERAL RULE:
Only those who are conceived or born during a valid marriage
EXCEPTIONS: (CAVALAC)
Those children who are
1. Conceived as a result of artificial insemination
2. Born of a voidable marriage before decree of annulment
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
24
3. Conceived or born before judgment of annulment or absolute nullity under Art. 36

has become final & executory
4. Conceived or born of subsequent marriage under Art. 53
5. Of mothers who may have declared against its legitimacy or was sentenced as an
adultress
6. Legally adopted
7. Legitimated, conceived and born outside of wedlock of parents without
impediment at the time of conception and had subsequently married
Illegitimate Children
GENERAL RULE: Those conceived and born outside a valid marriage are illegitimate.
EXCEPTIONS: Children who are:
1. born of marriages which are void ab initio such as bigamous and incestuous
marriages and marriage was declared void for being contrary to law and public
policy
2. of voidable marriages born after the decree of annulment
Rules on Impugning Legitimacy
A. Grounds (PBA)
1. physical impossibility of the husband to have sexual intercourse with his wife within
the 1st 120 days of the 300 days immediately preceding the childs birth, due to:
a. physical incapacity of the husband;
b. husband and the wife were living separately; or
c. serious illness of the husband which absolutely prevented sexual intercourse
2. biological or scientific proof that the child could not have been that of the husband;
and
3. written authorization or ratification of either parent for artificial insemination was
obtained through mistake, fraud, violence, intimidation or undue influence.
B. Prescriptive periods
1. one year, from knowledge of birth or recording in the civil register, if husband or heirs
lives in the SAME city/municipality
2. two years, if resides in the Phils.
3. three years, if abroad
C. Parties
GENERAL RULE: Only the husband may impugn
EXCEPTION: The heirs, if the husband dies before the end of the prescription of the
action, or after filing complaint, or child was born after death
NOTE: The question of legitimacy cannot be collaterally attacked, it can be impugned
only in a direct action.
Rule on the Status of Children born after 300 days following Termination of Marriage
A. Requisites (TS-WBN)
1. first marriage terminated
2. mother contracted subsequent marriage
3. subsequent marriage was contracted within 300 days after termination of previous
marriage
4. child was born
5. no evidence as to status of child
B. Rules as to whom the child belongs
1. to first marriage, if child was born before the lapse of 180 days after celebration of
2nd marriage provided born within 300 days after termination of the 1 st marriage.
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MEMORY AID
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2. to second marriage, if child was born after 180 days following celebration of 2 nd
marriage whether born within 300 days after termination of 1 st marriage or
afterwards.
Proof of Filiation
GENERAL RULE: Filiation of legitimate (or illegitimate) children is established by any of
the following:
1. The record of birth appearing in the civil registrar or a final judgment
2. An admission of legitimate (or illegitimate) filiation in a public document or a private
handwritten instrument and signed by the parent concerned.
EXCEPTION: In the absence of any of the foregoing evidence, such legitimate or
illegitimate filiation shall be proved by:
1. Open and continuous possession of the status of a legitimate or illegitimate child;
2. Any other means allowed by the Rules of Court and special laws.
NOTES:
Continuous does not mean that the concession of status shall continue forever but
only that it shall not be of an intermittent character while it is continuous. The
possession of such status means that the father has treated the child as his own,
directly and not through others, spontaneously and without concealment though
without publicity. There must be a showing of permanent intention of the supposed
father to consider the child as his own by continuous and clear manifestation of
paternal affection and care. (Mendoza vs. CA). The paternal affection and care must
not be attributed to pure charity. Such acts must be of such a nature that they
reveal not only the conviction of paternity, but also the apparent desire to have and
treat the child as such in all relations in society and in life, not accidentally, but
continuously. (Jison vs. CA)
The SC in Lim vs. CA, ruled that petitioner was the father of his illegitimate children
because the evidences convincingly show this. Hence, it was the petitioner who paid
the bills for the hospitalization of the mother when she gave birth. He was the one
who caused the registration of the name of the child using his surname in the birth
certificate. He also wrote handwritten letters to the mother and the child stating his
promise to be a loving and caring husband and father to both of you. There were
also pictures of the petitioner on various occasions cuddling the child.
In view of the fact that filiation may be proved by any means allowed by the Rules of
Court and special laws this may consist of baptismal certificate, a judicial admission,
a family bible in which his name has been entered, common reputation respecting his
pedigree, admission by silence, the testimony of witnesses and such other kinds of
proof admissible under Rule 130 of RC. (Mendoza vs. CA) For a baptismal certificate to
be proof of filiation under the Rules of Court, it must be shown that the father
therein participated in the preparation of the same. A birth certificate not signed by
the alleged father indicated in said certificate is not competent evidence of paternity.
(Fernandez vs. CA)
Proof of filiation of petitioners to the late Enrique Baluyut is not sufficient to confer
upon them any hereditary right in the estate of the deceased. What is necessary to be
established by an illegitimate not natural child in order that he may be entitled to
successional rights under Art 887 of NCC, is not the fact of his bare filiation but a
filiation acknowledged by the putative parent.(Baluyut vs. Baluyut)
Rights of the Children
LEGITIMATE
ILLEGITIMATE
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
26
Use of father &

mothers surname
Receive support
from parents
Entitled to the
legitime & other
successional rights
Use of mothers
surname
NOTE: However, RA
9255 amended
Article 176, FC
Receive support
according to FC
Legitime is of the
legitime of a
legitimate child
R.A. No. 9255

An Act Allowing Illegitimate Children to use the surname of their Father, amending for
the purpose Article 176 of EO No. 209, otherwise known as the "FAMILY CODE OF THE
PHILIPPINES":
Approved February 24, 2004
Illegitimate children may use the surname of their father if:
1. their filiation has been expressly recognized by the father through the record of birth
appearing in the civil register, or
2. when an admission in a public document or private handwritten instrument is made by
the father
LEGITIMATION
Requisites: (NIM)
a. The child is illegitimate
b. The parents at the time of the childs conception are not disqualified from marrying
each other
c. There is a valid marriage subsequent to the childs birth
ADOPTION
A. Domestic Adoption Act of 1998
(R.A. NO. 8552)
Who may adopt: (LPG-CANE)
1. Filipino Citizen:
a. of legal age
b. in a position to support and care for his/her children in keeping with the means of
the family
c. good moral character
d. in possession of full civil capacity or legal rights
e. at least 16 years older than the adoptee, except when:
1) adopter is the biological parent of the adoptee
2) adopter is the spouse of the adoptees parent
f. has not been convicted of any crime involving moral turpitude
g. emotionally and psychologically capable of caring for children
2. Alien:
a. same qualifications as a Filipino
b. country has diplomatic relations with the Phil.
c. has been living in the Phil. for at least three (3) continuous years prior to the
application for adoption and maintains such residence until the adoption decree is
entered, except when
1) former Filipino citizen who seeks to adopt a relative within the 4 th degree of
consanguinity or affinity
2) one who seeks to adopt the legitimate or illegitimate child of his/her Filipino
CHAIRPERSONS

27
MEMORY AID
IN
CIVIL LAW
spouse
3) one who is married to a Filipino citizen and seeks to adopt jointly with his/her
spouse a relative within the 4 th degree of consanguinity or affinity of the
Filipino spouse
d. certified to have legal capacity to adopt by his/her diplomatic or consular office
e. certified by said office that his government allows the adoptee to enter his/her
country as his/her adopted child
3. Guardian with respect to the ward after termination of the guardianship and
clearance of his/her financial accountabilities
Pre-Adoption Services
the DSWD shall provide for the following services:
a. counselling services for the biological parents, prospective adoptive parents and
prospective adoptee
b. exhaust all efforts to locate the biological parents, if unkown
Rule on Adoption by Spouses
GENERAL RULE: The husband and the wife shall JOINTLY adopt.
EXCEPTIONS:
1. one spouse seeks to adopt the legitimate child of the other
2. one spouse seeks to adopt his/her own illegitimate child
3. the spouses are legally separated
Who may be adopted:
1. any person below 18 years of age who has been voluntarily committed to the DSWD
under P.D. 603 or judicially declared available for adoption
2. legitimate stepchild
3. illegitimate stepchild
4. qualified adult, who, prior to the adoption, has been consistently considered by the
adopter as his/her own child since minority;
5. child whose adoption has been previously rescinded
6. child whose biological or adoptive parents have died, provided that no proceedings
shall be initiated within 6 months from the time of death of said parents
Consent in Adoption (BAILAS)
The WRITTEN CONSENT to the adoption is required in the following cases:
1. the adoptee, if 10 years of age or over
2. biological parents or government instrumentality
3. the legitimate/adopted children, 10 years old or over, of the adopter and adoptee
4. the illegitimate children, 10 years old or over, of the adopter if living with the
adopter and the latter's spouse
5. spouse of the adopter and adoptee
Effectivity of Decree of Adoption
a decree of adoption shall be effective as of the date the original petition was
filed. It applies also in case the petitioner(s) dies before the issuance of the decree of
adoption to protect the interest of the adoptee.
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
28
NOTE: Where the petition for adoption was granted after the child had shot and killed a
girl, the SC did not consider the retroactive effect to the decree of adoption so as to
impose a liability upon the adopting parents accruing at the time when the adopting
parents had no actual or physical custody over the adopted child. Retroactive effect
may perhaps be given to the granting of the petition for adoption where such is
essential to permit the accrual of some benefit or advantage in favor of the adopted
child. To hold that parental authority had been retroactively lodged in the adopting
parents so as to burden them with liability for a tortious act that they could not have
foreseen and which they could have prevented would be unfair and unconscionable.
(Tamargo vs. CA 209 S 518)
Effects of Adoption: (SAL)
1. Severance of legal ties between the biological parents and the adoptee and the same
shall be vested in the adopters.
EXCEPTION: if the biological parent is the spouse of the adopter
2. Adoptee shall be considered as a legitimate child of the adopter(s) for all intents and
purposes.
3. In legal or intestate succession, the adoptee and the adopter(s) shall have reciprocal
rights of succession without distinction from legitimate filiation. However, if there is a
will, the rules on testamentary succession shall be followed.
Rescission of Adoption
Grounds: (ASAR)
1. attempt on the life of the adoptee
2. sexual assault or violence
3. abandonment and failure to comply with parental obligations
4. repeated physical or verbal maltreatment by the adopter
NOTES:
Only the adoptee is given the right to rescind the decree of adoption
The adopter can NOT rescind the decree of the adoption but he or she may disinherit
the adoptee.
Effects:
a.
Parental authority of adoptees biological parents or legal custody of DSWD shall
be restored if adoptee is still a minor or incapacitated.
b.
Reciprocal rights and obligations of the adopter(s) and the adoptee to each other
shall be extinguished.
c.
The amended certificate of birth of the adoptee shall be cancelled and its original
shall be restored.
d.
Succession rights shall revert to its status prior to the adoption, but vested rights
shall not be affected.
B. Inter-Country Adoption Act of 1995 (R.A. No. 8043)
Inter-Country Adoption
The socio-legal process of adopting a Filipino child by a foreigner or a Filipino citizen
permanently residing abroad where the petition is filed, the supervised trial custody is
undertaken, and the decree of adoption is issued outside the Philippines.
Who may be adopted:
a. Only a legally-free child may be the subject of inter-country adoption
NOTE: Legally-free Child - a child who has been voluntarily or involuntarily committed
to the DSWD of the Philippines, in accordance with the Child Youth and Welfare Code.
b. No child shall be matched to a foreign adoptive family unless it is satisfactorily shown
CHAIRPERSONS

29
MEMORY AID
IN
CIVIL LAW
that the child cannot be adopted locally.

Who may adopt:
Any alien or Filipino citizen permanently residing abroad may file an application for
inter-country adoption of a Filipino child if he/she:
1. is at least 27 years of age and at least 16 years older than the child to be adopted, at
the time of the application unless the adopter is the parent by nature of the child to
be adopted or the spouse of such parent
2. if married, his/her spouse must jointly file for the adoption
3. has the capacity to act and assume all rights and responsibilities of parental
authority under his national laws, and has undergone the appropriate counselling
from an accredited counsellor in his/her country
4. has not been convicted of a crime involving moral turpitude
5. is eligible to adopt under his/her national law
6. is in a position to provide the proper care and support and to give the necessary
moral values and example to all his children, including the child to be adopted
7. agrees to uphold the basic rights of the child as embodied under Philippine laws, the
U.N. Convention on the Rights of a Child, and to abide by the rules and regulations
issued to implement the Inter-Country Adoption Act
8. comes from a country with whom the Philippines has diplomatic relations and whose
government maintains a similarly authorized and accredited agency and that
adoption is allowed under his/her national laws
9. possesses all the qualifications and none of the disqualifications under the InterCountry Adoption Act and other applicable Philippine laws
Inter-Country Adoption Board
acts as the central authority in matters relating to inter-country adoption.
The Board shall ensure that all possibilities for the adoption of the child under the
Family Code have been exhausted and that inter-country adoption is in the best
interest of the child.
Trial Custody:
6 months from the time of placement
1. starts upon actual physical transfer of the child to the applicant who, as actual
custodian, shall exercise substitute parental authority over the person of the child.
2. the adopting parent(s) shall submit to the governmental agency or authorized and
accredited agency, which shall in turn transmit a copy to the Board, a progress report
of the childs adjustment.
NOTES:
If the pre-adoptive relationship is found unsatisfactory by the child or the applicant or
both, or if the foreign adoption agency finds that the continued placement of the
child is not in the childs best interest, said relationship shall be suspended by the
Board and the foreign adoption agency shall arrange for the childs temporary care.
If a satisfactory pre-adoptive relationship is formed between the applicant and the
child, the Board shall submit the written consent to the adoption to the foreign
adoption agency within 30 days after receipt of the latters request.
A copy of the final decree of adoption of the child, including certificate of
citizenship/naturalization whenever applicable, shall be transmitted by the foreign
adoption agency to the Board within 1 month after its issuance.
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
30
NOTE: For a comprehensive discussion of the procedural aspects of adoption, please refer
to A.M. No. 02-06-02-SC or the Remedial Law Memory Aid
SUPPORT
everything indispensable for sustenance, dwelling, clothing, medical attendance,
education and transportation in keeping with the financial capacity of the family
Kinds: (LJC)
1. Legal that which is required or given by law
2. Judicial required by the court to be given whether pendente lite or in a final
judgment
3. Conventional given by agreement
Characteristics: (PIN-ERV)
1. Personal
2. Intransmissible
3. Not subject to waiver or compensation
4. Exempt from attachment or execution
5. Reciprocal on the part of those who are by law bound to support each other
6. Variable
Persons obliged to support each other:
1. spouses
2. legitimate ascendants and descendants
3. parents and their legitimate children and the legitimate and illegitimate children of
the latter
4. parents and their illegitimate children and the legitimate and illegitimate children of
the latter
5. legitimate brothers and sisters whether full or half-blood
NOTE: Support shall be in proportion to the resources or means of the giver and to the
necessities of the recipient.
Order of liability if several persons are obliged to give support:
1. spouse
2. descendants in the nearest degree
3. ascendants in the nearest degree
4. brothers and sisters
NOTES:
When the obligation to give support falls upon 2 or more persons payment shall be
divided between them in proportion to the resources of each, but in case of urgent
need and special circumstances, the court may order one of them to furnish the
support provisionally subject to the right to claim from the other obligors the share
due them
When two or more recipients at the same time claim for support and the obligor does
not have sufficient means to satisfy all claims:
a. the order of liability provided by law shall be followed
b. if the concurrent obligees should be the spouse and child subject to parental
authority, the child shall be preferred
PARENTAL AUTHORITY (PA)
Rules as to the exercise of PA:
CHAIRPERSONS

31
MEMORY AID
IN
CIVIL LAW
1. The father and the mother shall JOINTLY exercise parental authority over the persons
of their common children. In case of disagreement, the fathers decision shall prevail
UNLESS there is a judicial order to the contrary
2. If the child is illegitimate, parental authority is with the mother.
Parental Preference Rule
the natural parents, who are of good character and who can reasonably provide for
the child are ordinarily entitled to custody as against all persons
Rule in case of legal separation of parents:
parental authority is exercised by the parent designated by the court.
GENERAL RULE: No child under 7 years of age shall be separated from the mother.
EXCEPTION: When the court finds compelling reason to order otherwise.
NOTE: Paramount consideration in matters of custody of a child is the welfare and wellbeing of the child. (Tonog vs. CA)
Persons Exercising Substitute PA:
1. surviving grandparent
2. oldest brother or sister over 21 years of age unless unfit or disqualified
3. actual custodian unless unfit or disqualified
Persons Exercising Special PA:
1. school
2. administrators and teachers
3. individual, entity or institution engaged in child care
NOTES:
Parental authority and responsibility are inalienable and may not be transferred and
renounced except in cases authorized by law.
Parents may exercise parental authority over their childs property
Kinds of Properties of a Minor
ADVENTITIOUS
PROFECTITIOUS
1. earned or acquired
by the child through
his work or industry by
onerous or gratuitous
title
2. owned by the child
1. property given by
the parents to the
child for the latter to
administer
3. child is also the

usufructuary, but the
childs use of the
property
shall
be
secondary
to
the
collective daily needs
of the family
4.
property
administered by the
parents
the
2. owned by
parents
3. parents are
usufructuary
4.
property
administered by the
child
Termination of PA
PERMANENT
1. death
parents
of
the
the
TEMPORARY
1. adoption of the
child
CIVIL LAW COMMITTEE
Rhodora
John Stephen
Purganan(LTD),
32
2. death of the
child
3. emancipation of
the child
4. subjected child
to sexual abuse
2. appointment of a
general guardian
3.
judicial
declaration
of
abandonment
4. final judgment
divesting
the
parents of parental
authority
5.
judicial
declaration
of
absence or incapacity
of
the
parents exercising
parental authority
over the child
Grounds for suspension of PA (CHOBAN)

1. conviction of a crime with the penalty of civil interdiction
2. harsh or cruel treatment against the child
3. orders, counsel and example which are corrupting, given by the person exercising
authority
4. begging is compelled of the child
5. acts of lasciviousness, allowed for the child to be subjected to, or himself subjects
the child to
6. negligence, which is culpable, committed by the person exercising authority
FUNERALS
GENERAL GUIDELINES
1. duty and right to make arrangement in funerals in accordance with Article 199, FC
2. the funeral shall be in keeping with the social position of the deceased
3. the funeral shall be in accordance with the expressed wishes of the deceased
a. in the absence of the expressed wishes, his religious beliefs or affiliation shall
determine
b. in case of doubt, the persons in Article 199, FC shall decide
4. any person who disrepects the dead or allows the same shall be liable for damages
Grounds for Change of First Name or Nickname under R.A. No. 9048 (An act
authorizing City or Municipal Civil Registrar or the Consul General to Correct a Clerical
or Typographical Error in an Entry and/or Change of First Name or Nickname in the Civil
Registrar Without need of a Judicial Order, Amending for this Purpose Articles 376 and
412 of the Civil Code))
1. The petitioner finds the first name or nickname to be ridiculous, tainted with
dishonour or extremely difficult to write or pronounce
2. The new first name or nickname has been habitually and continuously used by the
petitioner and he has been publicly known by that first name or nickname in the
community
3. The change will avoid confusion
NOTE: Please refer to Remedial Law Memory Aid for a comprehensive discussion of the
procedural aspects of change of name.
ABSENCE
DECLARATION OF ABSENCE
CHAIRPERSONS

33
MEMORY AID
WITHOUT
ADMINISTRATOR
WITH
ADMINISTRATOR
2 years from the

lapse of time without
news
about
the
absentee or since the
receipt of the last
news
5 years from the

lapse of time without
news
about
the
absentee or since the
receipt of the last
news
IN
CIVIL LAW
PRESUMPTION OF DEATH
CIVIL LAW COMMITTEE
ORDINARY
ABSENCE
EXTRAORDINARY/
QUALIFIED
ABSENCE
a. 7 YEARS, person
presumed dead for all
purposes except for
those
of
opening
succession
b.
10 YEARS, person
presumed dead for
purposes of opening
succession except if he
disappeared after the
age of 75, in which
case, a period of 5
years is sufficient
c.
4 YEARS, person
presumed dead for
purposes of remarriage
of the spouse present
For
all
purposes
including
those
of
opening succession, a
period of 4 YEARS, and
for
purposes
of
remarriage
of
the
spouse
present,
a
period of 2 YEARS, is
sufficient under the
following
circumstances:
a. person on board a
vessel lost during a sea
voyage or an aeroplane
which is missing; period
is counted from the
loss of the vessel or
aeroplane
b. person in the armed
forces who has taken
part in war
c. person in danger of
death
under
other
circumstances and his
existence has not been
known
Rhodora
John Stephen
Purganan(LTD),

Persons and Family Relations: San Beda College of Law

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