Persons and Family Relations-Atty.

Galas
NGEnano-Case summary

Persons and Family Relation-Second Exam

Supported by a certification from the local civil registrar that no such marriage license

discrepancy of marriage license:

Alcantara v Alcantara
Absence of the essential or formal requisite shall render the marriage void. Discrepancy
in the essential requisite shall not affect of the validity of the marriage, The person who
cause the irregularity shall be civilly, criminally and administratively liable
Actual Contribution, shall be owned by them in common- in proportion to respective
contribution
Go Bangayan V Bangayan
"married"- merely descriptive not a proof of ownership, without proof of ownership
148 governs
Reckoning point of the applicability of the Article 26(2) at the time a valid divorce is
obtained abroad
Republic v Obercido III
A marriage between a Filipino and a Alien spouse validly obtained and a Valid divorce
is obtained by the Alien spouse capacitating him to remarry the filipino will also be
capable to remarry under the Philippine law.
Corpuz v Sto. Tomas Alien spouse cannot claim Article 26 (2) as a substantive right.
Does not demand alien spouse initiated the proceeding the law does not distinguish
whether filipino spouse is the respondent or the petitioner in the foreign divorce
proceeding.

same effect either the alien or filipino initiated the divorce.

Invoking mechanism under the faily code: adverse effect

-no assurance
-duplicitous
-costly
-protracted
Republic v Manalo
Divorce alleged and proven. Japanese law must be proven and alleged law validating
divorce and capacity to remarry

Rule 132 sec 24 and Sec 25

A writing or document may be proven as a public or official record of a foreign country
by either.
1. official document
2.A copy thereof attested by the officer having legal custody of the document

if the record is not kept in the Philippines copy must be:

A. Accompanied by a certificate issued by the proper diplomatic or consular officer in
the Philippine Foreign Service stationed in the foreign country in which the record is
kept

B. Authenticated by the seal of his office.

Marriage under the civil code.
5 year cohabitation period must be a period of legal union as a husband and wife -
Ninal v Bayadog exclusive union

judicial declaration of marriage of absolute nullity is not necessary except for the
purpose of remarriage (under the civil code)
 Persons and Family Relations-Atty. Galas
NGEnano-Case summary

first marriage CC ,Second marriage FC

Requisite for ratification of marital cohabitation:

1. been living together as husband and wife for at least 5 years before marriage
2.No legal impediment between to marry each other
Manzano v Sanchez 3.The absence of legal impediment between the parties to marry each other Must be
present at the time of marriage
4. The parties must execute an affidavit stating that they lived together for atleast 5
years without legal impediment
5.Solemnizing officer execute a sworn statement that he ascertained the qualifications
of the parties and that he had found no legal impediment to their marriage.
marriage family code

Void marriage can be collaterally attacked no jurisdiction is necessary to delare a

De Castro v De Castro marriage an absolute nullity for the purpose of remarriage, such as but not limited to,
legitimacy of the child, settlement of the estate - the court may pass upon the validity
of marriage even in suit not directly instituted to question the same so long as it is
essential to the determination of the case.
Republic v Dayot Five year period must be computed immediately preceding the day of marriage,
characterized by and continuity
first marriage under civil code, second marriage under family code

Manuel v People proof of presumptive death is important to treat the previous marriage as dissolved

judicial cognizance, judicial declaration of the presumptive death of the absent spouse
civil code- marriage

marriage is terminated upon death.

SSS v Vda de Bailon
Mere appearance will not terminate subsequent marriage unless affidavit of
reappearance is filed, pursue the recoding of her reappearance before the local civil
registrar through an affidavit or a court action.

cannot attack validity of marriage-no longer a marriage to be attacked for the same
has been terminated upon clemente's death
both marriages under the civil code
Valdez vs Republic
civil code regime, judicial declaration of presumptive not necessary.
well founded belief not required.
Annulment of judgment is proper remedy for a judicial declaration of presumptive
death obtained by extrinsic fraud.
Santos v Santos
Extrinsic Fraud happen when a litigant commit acts outside trial which prevents party
from having real contest
Republic v Villanueva requirements for well founded belief-Strict standard Approach
A. present spouse to prove that his/her belief was a result of diligent and reasonable
efforts to locate the absent spouse

B. Based on the inquires, he/she believes that under the circumstances, the absent
spouse is already dead.

c. Exertion of active effort

Calisterio v Calisterio the validity of marriage and all its incidents must be determined in accordance with the
 Persons and Family Relations-Atty. Galas
NGEnano-Case summary

law in Effect at the time of its celebration

marriage celebrate under civil code- void marriage, no judicial decree to establish the
invalidity is necessary

First marriage-no marriage license void ad inito, second marriage valid

Noveras v Noveras
Persons and Family Relations-Atty. Galas
NGEnano-Case summary