Ktrl+ Civil Law Review I (Persons + Family Relations, Property, Succession) – Atty.
Legaspi
Academic Year 2018-2019
PERSONS AND FAMILY
RELATIONS
I. Preliminary Title; Human Relations;
Personality; Domicile; NCC
a. Effectivity of Laws; Requirement of
Publication
Article 2, As Amended (New Civil Code
aka NCC) - Laws shall take effect after
fifteen (15) days following (from) the
completion of their publication in the
Official Gazette, unless it is otherwise
provided. This Code shall take effect one
year after such publication.
Art. 5, Labor Code – The DOLE
and other government agencies
charged with the administration
and enforcement of this (Labor)
Code xx xx xx shall promulgate the
necessary IRRs. Such IRRs shall
become effective 15 days after
announcement of their adoption
in newspapers of general
circulation;
Note: as you can see above, the Labor
Code provided a different manner of its
effectivity. This is an example of the
exception to the general rule of effectivity
of laws as provided by Article 2 of the Civil
Code.
Administrative Code of 1987 Book VII,
Chapter 2
Sec. 3(1) Filing. – Every agency shall file
with the University of the Philippines Law
Center (UP LAW CENTER) three (3)
certified copies of every rule adopted
by it. Rules in force on the date of
effectivity of this Code which are not filed
within three (3) months from that date
shall not thereafter be the basis of any
sanction against any party or persons.
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Note: The Administrative Code provides
additional requirement in the manner of
rule making by every government
agencies. As such, the DOLE and other
agencies shall have to follow the above
requirement before their IRRs are to be
considered effective.
Sec. 4 Effectivity. - In addition to other
rule-making requirements provided by law
not inconsistent with this Book, each rule
shall become effective fifteen (15) days
from the date of filing as above
provided unless a different date is fixed
by law, or specified in the rule in cases of
imminent danger to public health,
safety and welfare, the existence of
which must be expressed in a
statement accompanying the rule. The
agency shall take appropriate measures to
make emergency rules known to persons
who may be affected by them.
Note: On the other hand, Sec. 4 provides
for the period overriding the Civil Code.
Thus, we can say that publication in the
official gazette or in newspapers of
general circulation is not enough even if it
was completed after 15 days. Stating it
differently, and in harmony with both code,
the word completion provided by the Civil
Code would now mean as comprising the
requirement of both publication and filing
to the UP Law Center as for IRRs; after
which, the 15 day period from “completion”
would count. The other language provided
by the Administrative Code on this note
would be exceptions to the requirement as
to the period of effectivity of IRRs – i.e.
“unless a different date is fixed by law, or
specified in the rule in cases of imminent
danger to public health, safety and
welfare”.
Sec. 1, BSP Circular 799 – The
rate of interest for (1) loan or
forbearance of any money,
goods or credits and (2) the rate
allowed in judgments, in the
absence of an express contract as
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to such rate of interest, shall be 6%
per annum. (Effective on July 1,
2013)
Note: It means that since the circular
provided for a specific effectivity date, the
general rule on effectivity will not apply.
Another thing to remember about this BSP
Circular is that, loans contracted and
judgments rendered before July 1, 2013
would still be subjected the 12% interest
rate.
b. Non-retroactive application of laws –
prospectivity of laws (lex prospicit, non
respicit); exceptions – when may laws be
given retroactive effect
Arts. 3, Civil Code – Ignorance of the law
excuses no one from compliance
therewith.
Art. 4, Civil Code – Laws shall have no
retroactive effect, unless the contrary is
provided.
lex prospicit, non respicit (the law looks
forward and not backward)
Note: This means that laws must not be
applied retroactively as to apply to
pending disputes and cases. Stated
differently, everything which transpired is
governed by the laws in effect during the
happening of its events, e.g. so as not to
disturb the consequences of prior or
pending transactions.
While in general, laws are prospective,
they are retroactive in the following
instances:
1. IF THE LAW ITSELF EXPRESSLY
PROVIDES FOR ITS RETROACTIVITY
(Art. 4, Civil Code) – but in no case may
an ex post facto law be passed (a law
that criminalizes an act done before it has
been passed whereas the act was
innocent when done);
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2. IF THE LAW IS REMEDIAL IN
NATURE (procedural/remedial laws) –
since there are no vested rights in rules
of procedure;
3. IF THE STATUTE IS PENAL IN
NATURE AND FAVORABLE TO THE
ACCUSED/CONVICT PROVIDED HE IS
NOT A HABITUAL DELINQUENT;
4. IF THE LAW IS OF EMERGENCY
NATURE AND ARE AUTHORIZED BY
THE POLICE POWER OF THE
GOVERNMENT – See Sec. 4,
Administrative Code as to executive
issuances, i.e. “unless a different date is
fixed by law, or specified in the rule in
cases of imminent danger to public health,
safety and welfare, the existence of which
must be expressed in a statement
accompanying the rule. The agency shall
take appropriate measures to make
emergency rules known to persons
who may be affected by them”;
5. IF THE LAW IS CURATIVE IN
NATURE AND DOES NOT IMPAIR
VESTED RIGHTS NOR AFFECT FINAL
JUDGMENTS;
6. IF A SUBSTANTIVE RIGHT IS TO BE
DECLARED FOR THE FIRST TIME AND
DOES NOT IMPAIR PRIOR VESTED
RIGHTS.
Art. 105, Chapter 4 Conjugal
Partnership of Gains, Family Code
– xxx xxx xxx. The provisions of
this Chapter shall also apply to
conjugal partnerships of gains
already established between
spouses before the effectivity of
this Code, without prejudice to
vested rights already acquired in
accordance with the Civil Code or
other laws, as provided in Article
256.
Art. 256 Family Code – This Code
shall have retroactive effect insofar
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as it does not prejudice or impair
vested or acquired rights in
accordance with the Civil Code or
other laws.
c. Stare Decisis (doctrine of adherence to
precedents); decisis et non quieta movere
- stand by the thing and do not disturb the
calm.
Article 8, Civil Code – Judicial decisions
applying or interpreting the laws or the
Constitution shall form a part of the legal
system of the Philippines (Stare Decisis -
doctrine of adherence to precedents);
Case Law
Ting v. Velez-Ting (GR # 166562) –
The principle of stare decisis enjoins
adherence by lower courts to doctrinal
rules established by the Supreme Court in
its final decisions. It is based on the
principle that once a question of law has
been examined and decided, it should be
deemed settled and closed to further
argument. Basically, it is a bar to any
attempt to relitigate the same issues,
necessary for two simple reasons:
economy and stability. It is an established
rule to abide by former precedents where
the same points come again in litigation.
As the rule evolved, early limits to its
application were recognized: (1) it would
not be followed if it were "plainly
unreasonable"; (2) where courts of
equal authority developed conflicting
decisions; and, (3) the binding force of
the decision was the "actual principle
or principles necessary for the decision;
not the words or reasoning used to
reach the decision".
Two strains of stare decisis have been
isolated by legal scholars. The first, known
as vertical stare decisis deals with the
duty of lower courts to apply the
decisions of the higher courts to cases
involving the same facts (as an obligation).
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Pasay City
The second, known as horizontal stare
decisis requires that high courts must
follow its own precedents (as a policy).
It is also instructive to distinguish the two
kinds of horizontal stare decisis —
Constitutional stare decisis involves
judicial interpretations of the Constitution
while statutory stare decisis involves
interpretations of statutes. The courts
enjoy more flexibility in refusing to apply
stare decisis in constitutional litigations.
In general, courts follow the stare decisis
rule for an ensemble of reasons, viz.: (1) it
legitimizes judicial institutions; (2) it
promotes judicial economy; and, (3) it
allows for predictability.
Contrariwise, courts refuse to be bound by
the stare decisis rule where (1) its
application perpetuates illegitimate and
unconstitutional holdings; (2) it cannot
accommodate changing social and
political understandings; (3) it leaves
the power to overturn bad
constitutional law solely in the hands
of Congress; and, (4) activist judges
can dictate the policy for future courts
while judges that respect stare decisis
are stuck agreeing with them.
4-pronged test whether a court should
follow stare decisis rule: The court should
(1) determine whether the rule has
proved to be intolerable simply in
defying practical workability; (2)
consider whether the rule is subject to
a kind of reliance that would lend a
special hardship to the consequences
of overruling and add inequity to the
cost of repudiation; (3) determine
whether related principles of law have
so far developed as to have the old rule
no more than a remnant of an
abandoned doctrine; and, (4) find out
whether facts have so changed or
come to be seen differently, as to have
robbed the old rule of significant
application or justification.
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It is only when a prior ruling of this Court is
overruled, and a different view is adopted,
that the new doctrine may have to be
applied prospectively in favor of parties
who have relied on the old doctrine and
have acted in good faith, in accordance
therewith under the familiar rule of “lex
prospicit, non respicit”. In short, the
principle of non-retroactivity of laws
applies in case law.
d. Articles 15, 16, 17, 50, 51 (New Civil
Code); Article 26, Family Code
Art. 15. Laws relating to family rights
and duties, or to the status, condition
and legal capacity of persons are
binding upon citizens of the Philippines,
even though living abroad.
Art. 16. Real property as well as personal
property (PROPERTIES) is subject to the
law of the country where it is stipulated.
However, intestate and testamentary
successions, both with respect to the
order of succession and to the amount
of successional rights and to the
intrinsic validity of testamentary
provisions, shall be regulated by the
national law of the person whose
succession is under consideration,
whatever may be the nature of the
property and regardless of the country
wherein said property may be found. (10a)
Art. 17. The forms and solemnities of
contracts, wills, and other public
instruments shall be governed by the laws
of the country in which they are executed.
When the acts referred to are executed
before the diplomatic or consular officials
of the Republic of the Philippines in a
foreign country, the solemnities
established by Philippine laws shall be
observed in their execution.
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Pasay City
Prohibitive laws concerning persons, their
acts or property, and those which have, for
their object, public order, public policy and
good customs shall not be rendered
ineffective by laws or judgments
promulgated, or by determinations or
conventions agreed upon in a foreign
country. (11a)
Art. 26. All marriages solemnized
outside the Philippines, in
accordance with the laws in force
in the country where they were
solemnized, and valid there as
such, shall also be valid in this
country, except those prohibited
under Articles 35 (1), (4), (5) and
(6), 36, 37 and 38. (17a)
Where a marriage between a
Filipino citizen and a foreigner is
validly celebrated and a divorce is
thereafter validly obtained abroad
by the alien spouse capacitating
him or her to remarry, the Filipino
spouse shall have capacity to
remarry under Philippine law.
e. Human Relations; Abuse of Rights,
Unjust Enrichment; Malicious Prosecution;
Independent Civil Action; Arts. 1724; 2142;
2154; 2164; 2176, NCC
Art. 1724. The contractor who undertakes
to build a structure or any other work for a
stipulated price, in conformity with plans
and specifications agreed upon with the
land-owner, can neither withdraw from the
contract nor demand an increase in the
price on account of the higher cost of labor
or materials, save when there has been a
change in the plans and specifications,
provided:
(1) Such change has been authorized by
the proprietor in writing; and
(2) The additional price to be paid to the
contractor has been determined in writing
by both parties.
Ktrl+ Civil Law Review I (Persons + Family Relations, Property, Succession) – Atty. Legaspi
Academic Year 2018-2019
Title XVII. - EXTRA-CONTRACTUAL
OBLIGATIONS
CHAPTER 1
QUASI-CONTRACTS
Art. 2142. Certain lawful, voluntary and
unilateral acts give rise to the juridical
relation of quasi-contract to the end that
no one shall be unjustly enriched or
benefited at the expense of another.
SECTION 2. - Solutio Indebiti
Art. 2154. If something is received when
there is no right to demand it, and it was
unduly delivered through mistake, the
obligation to return it arises.
SECTION 3. - Other Quasi-Contracts
Art. 2164. When, without the knowledge of
the person obliged to give support, it is
given by a stranger, the latter shall have a
right to claim the same from the former,
unless it appears that he gave it out of
piety and without intention of being repaid.
CHAPTER 2
QUASI-DELICTS
Art. 2176. Whoever by act or omission
causes damage to another, there being
fault or negligence, is obliged to pay for
the damage done. Such fault or
negligence, if there is no pre-existing
contractual relation between the parties, is
called a quasi-delict and is governed by
the provisions of this Chapter.
g. Domicile; Arts 50 & 51 NCC; Arts. 68 &
69, FC; Residence v. Domicile; Annulment
or Nullity of Marriages – AM 02-11-10 SC;
Settlement of Estate; Election laws
Art. 50. For the exercise of civil rights and
the fulfillment of civil obligations, the
domicile of natural persons is the place of
their habitual residence. (40a)
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Art. 51. When the law creating or
recognizing them, or any other provision
does not fix the domicile of juridical
persons, the same shall be understood to
be the place where their legal
representation is established or where
they exercise their principal functions.
Domicile is a person’s permanent place of
dwelling. It is a legal relationship between
a person and a locality. It may or may not
be of same meaning as the term
‘residence’.
The concept of domicile has different
meanings in different context. For
purposes of jurisdiction, “domicile” means
a legal residence which is the place
where a person has fixed dwelling with
an intention of making it his/her
permanent home.
Domicile is a combination of two factors
namely, residence and intent to remain.
As the term domicile includes residence,
the scope and significance of the term
domicile is larger than the term
residence. An individual may have
several residences whereas; s/he will
have only one domicile. Domicile is more
used in reference to personal rights, duties
and obligations.
Generally residence is referred to a place,
where one person lives. It is also a
building used as home. Residence is of a
more temporary nature compared to
domicile. An individual’s present physical
location of stay is residence. It may be
one among several places where a person
may be present. Residence can also be
referred to a person’s fixed place of stay
without any intention to move from there.
Domicile involves intent of an individual
whereas, residence is something objective.
A person may have his/her residence in
one place and his/her domicile in another.
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Whether the term ‘residence’ used in a

statute will be construed as having the
meaning of ‘domicile’, or vice versa,
depends on the purpose of the statute.
Also, the nature of the subject matter as
well as the context in which the term is
used would be taken into consideration.

The terms are given equivalent meaning

when used in connection with subjects of
domestic policy. These terms are given
equal meaning where a statute stipulates
residence as a qualification for the
enjoyment of a privilege or the right of
voting in an election.

Residency is a more flexible concept than

domicile, and permanency is not a
requirement for residency. Even a
temporary and transient place of dwelling
can qualify as residence. In addition, a
minor is legally unable to establish a
residence separate and apart from their
parents

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Pasay City
Ktrl+ Civil Law Review I (Persons + Family Relations, Property, Succession) – Atty. Legaspi
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II. Marriage (Arts. 1-54 Family Code)
Article 1. Marriage is a special contract
of permanent union between a man and
a woman entered into in accordance with
law for the establishment of conjugal and
family life. It is the foundation of the family
and an inviolable social institution whose
nature, consequences, and incidents
are governed by law and not subject to
stipulation, except that marriage
settlements may fix the property
relations during the marriage within the
limits provided by this Code.
A. Classification of Marriages/
Relationships:
Valid – Art. 4. The absence of any of the
essential or formal requisites shall render
the marriage void ab initio, except as
stated in Article 35(2) – Those solemnized
by any person not legally authorized to
perform marriages unless such marriages
were contracted with either or both parties
believing in good faith that the solemnizing
officer had the legal authority to do so.
Art. 2. No marriage shall be valid, unless
these essential requisites are present:
(1) Legal capacity of the contracting
parties who must be a male and a female;
and
(2) Consent freely given in the presence of
the solemnizing officer.
Art. 3. The formal requisites of marriage
are:
(1) Authority of the solemnizing officer;
(2) A valid marriage license except in the
cases provided for in Chapter 2 of this
Title - Marriages Exempted from License
Requirement (articulo mortis, etc.); and
(3) A marriage ceremony – appearance of
the contracting parties before the
solemnizing officer and their personal
declaration that they take each other as
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husband and wife in the presence of not
less than two witnesses of legal age.
Note: per Atty. Rex Sandoval,
psychological capacity is another
(6th) requisite for its absence
avoids a marriage.
Art. 36. A marriage contracted by
any party who, at the time of the
celebration, was psychologically
incapacitated to comply with the
essential marital obligations of
marriage, shall likewise be void
even if such incapacity becomes
manifest only after its
solemnization.
Art. 26. All marriages solemnized
outside the Philippines, in accordance
with the laws in force in the country where
they were solemnized, and valid there as
such, shall also be valid in this country,
except those prohibited under Articles 35
(1), (4), (5) and (6), 36, 37 and 38.
Art. 37. Marriages between the following
are incestuous and void from the
beginning, whether relationship
between the parties be legitimate or
illegitimate:
(1) Between ascendants and
descendants of any degree; and
(2) Between brothers and sisters, whether
of the full or half blood. (81a)
Art. 38. The following marriages shall be
void from the beginning for reasons of
public policy:
(1) Between collateral blood relatives
whether legitimate or illegitimate, up to
the fourth civil degree;
(2) Between step-parents and step-
children;
(3) Between parents-in-law and
children-in-law;
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(4) Between the adopting parent and the
adopted child;
(5) Between the surviving spouse of the
adopting parent and the adopted child;
(6) Between the surviving spouse of the
adopted child and the adopter;
(7) Between an adopted child and a
legitimate child of the adopter (between
adopted and illegitimate not an issue);
(8) Between adopted children of the
same adopter (between adopted and
illegitimate not an issue); and
(9) Between parties where one, with the
intention to marry the other, killed that
other person's spouse, or his or her own
spouse. (82)
Voidable – Art. 45. A marriage may be
annulled for any of the following causes,
existing at the time of the marriage:
(1) That the party in whose behalf it is
sought to have the marriage annulled was
eighteen years of age or over but below
twenty-one, and the marriage was
solemnized without the consent of the
parents, guardian or person having
substitute parental authority over the party,
in that order, unless after attaining the age
of twenty-one, such party freely cohabited
with the other and both lived together as
husband and wife;
(2) That either party was of unsound mind,
unless such party after coming to reason,
freely cohabited with the other as husband
and wife;
(3) That the consent of either party was
obtained by fraud, unless such party
afterwards, with full knowledge of the facts
constituting the fraud, freely cohabited
with the other as husband and wife;
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(4) That the consent of either party was
obtained by force, intimidation or undue
influence, unless the same having
disappeared or ceased, such party
thereafter freely cohabited with the other
as husband and wife;
(5) That either party was physically
incapable of consummating the marriage
with the other, and such incapacity
continues and appears to be incurable; or
(6) That either party was afflicted with a
sexually-transmissible disease found to be
serious and appears to be incurable.
Note: marriages are voidable due to
defects in consent.
Void – See Valid (Art. 4); Art. 35. The
following marriages shall be void from the
beginning:
(1) Those contracted by any party below
eighteen years of age even with the
consent of parents or guardians (DUE TO
ABSENCE OF LEGAL CAPACITY);
(2) Those solemnized by any person not
legally authorized to perform marriages
unless such marriages were contracted
with either or both parties believing in
good faith that the solemnizing officer had
the legal authority to do so (DUE TO
ABSENCE OF AUTHORITY);
(3) Those solemnized without license,
except those covered the preceding
Chapter (DUE TO ABSENCE OF VALID
MARRIAGE LICENSE);
(4) Those bigamous or polygamous
marriages not failing under Article 41
(DUE TO ABSENCE OF VALID
MARRIAGE LICENSE [see Art. 11(5)]; 41
first sentence);
(5) Those contracted through mistake of
one contracting party as to the identity of
Ktrl+ Civil Law Review I (Persons + Family Relations, Property, Succession) – Atty. Legaspi
Academic Year 2018-2019
the other (DUE TO ABSENCE
CONSENT FREELY GIVEN); and
(6) Those subsequent marriages that are
void under Article 53 (DUE TO ABSENCE
OF VALID MARRIAGE LICENSE [see Art.
11(5); 13; 40; 41; 52; 53]).
** (7) Art. 44. If both spouses of the
subsequent marriage acted in bad faith,
said marriage shall be void ab initio xxx xx
xxx (DUE TO ABSENCE OF VALID
MARRIAGE LICENSE [see Art. 11(5); 13;
40; 41; 52; 53]).
Art. 40. The absolute nullity of a
previous marriage may be invoked for
purposes of remarriage on the basis solely
of a final judgment declaring such
previous marriage void.
Art. 52. The judgment of annulment or of
absolute nullity of the marriage, the
partition and distribution of the properties
of the spouses and the delivery of the
children's presumptive legitimes shall be
recorded in the appropriate civil
registry
As requirements for remarriage
Art. 53. Either of the former spouses may
marry again after compliance with the
requirements of the immediately preceding
Article; otherwise, the subsequent
marriage shall be null and void
BUT
Art. 13. In case either of the contracting
parties has been previously married, the
applicant shall be required to furnish xxx
xx xxx, the judicial decree of the absolute
divorce, or the judicial decree of
annulment or declaration of nullity of his or
her previous marriage.
JUDICIAL DECREE??? ONLY ISSUE
AFTER FACT OF REGISTRATION??
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OF Terminable
 Subsequent marriages during the
subsistence of a previous marriage
whereas the prior spouse
(absentee spouse) of the present
spouse has been absent for 4
consecutive years before the
remarriage and died based on
well-founded belief.
 Subsequent marriages during the
subsistence of a previous marriage
whereas the prior spouse
(absentee spouse) of the present
spouse has disappeared for 2
consecutive years before the
remarriage under circumstances
where danger of death is
present.
For purposes of subsequent marriages as
above, both must be preceded by a
summary proceeding instituted by the
present spouse for the declaration of
presumptive death of the absentee. This is
without prejudice to the effect of
reappearance of the absentee spouse
(that is TERMINABLE under Art. 42).
Art. 42. The subsequent marriage referred
to in the preceding Article shall be
automatically terminated by the
recording of the affidavit of
reappearance of the absent spouse with
the civil registry of the residence of the
parties to the subsequent marriage, with
due notice to them, which affidavit must
contain the fact and circumstances of
reappearance (administrative proceeding
is enough provided only summary
proceeding for declaration of presumptive
death was initiated by the present spouse.
However, the fact of reappearance may be
judicially disputed).
Recording of reappearance is not enough
if the previous marriage was also annulled
or declared void. This is because
annulment or declaration of nullity is not a
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Ktrl+ Civil Law Review I (Persons + Family Relations, Property, Succession) – Atty. Legaspi
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summary proceeding, and the remedy
should be to seek the court granting the
decree to vacate the same.
Divorce – Philippine law does not know
the animal called divorce. The word
divorce can only be found in Art. 13 of the
Family Code being its decree is a
requirement for the issuance of a marriage
license for contracting parties who have
been previously married (abroad and
between a Filipino citizen and a foreigner);
and, in Art. 26 which allows Filipino
spouse to have a capacity to remarry after
the foreign spouse validly obtained a
divorce decree abroad.
Legal Separation
Art. 55. A petition for legal separation may
be filed on any of the following grounds:
(1) Repeated physical violence or
grossly abusive conduct directed
against the petitioner, a common child, or
a child of the petitioner;
(2) Physical violence or moral pressure
to compel the petitioner to change
religious or political affiliation;
(3) Attempt of respondent to corrupt or
induce the petitioner, a common child, or
a child of the petitioner, to engage in
prostitution, or connivance in such
corruption or inducement;
(4) Final judgment sentencing the
respondent to imprisonment of more
than six years, even if pardoned;
(5) Drug addiction or habitual
alcoholism of the respondent;
(6) Lesbianism or homosexuality of the
respondent;
(7) Contracting by the respondent of a
subsequent bigamous marriage,
whether in the Philippines or abroad;
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(8) Sexual infidelity or perversion;
(9) Attempt by the respondent against
the life of the petitioner; or
(10) Abandonment of petitioner by
respondent without justifiable cause for
more than one year.
For purposes of this Article, the term
"child" shall include a child by nature or by
adoption
Separation in Fact – separation without
just cause under Art. 55. Separation
without the benefit of any legal remedies.
EFFECTS
Art. 100. The separation in fact between
husband and wife shall not affect the
regime of absolute community except
that:
(1) The spouse who leaves the conjugal
home or refuses to live therein, without
just cause, shall not have the right to
be supported;
(2) When the consent of one spouse to
any transaction of the other is required by
law, judicial authorization shall be
obtained in a summary proceeding;
(3) In the absence of sufficient community
property, the separate property of both
spouses shall be solidarily liable for the
support of the family. The spouse
present shall, upon proper petition in a
summary proceeding, be given judicial
authority to administer or encumber
any specific separate property of the
other spouse and use the fruits or
proceeds thereof to satisfy the latter's
share.
Common Law Relationship
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Academic Year 2018-2019

Art. 147. When a man and a woman who celebration of the marriage (expert
are capacitated to marry each other, live opinion need not be alleged in the
exclusively with each other as husband complaint for it is a matter of
and wife without the benefit of marriage evidence);

Art. 34. No license shall be necessary for Annulment of “Voidable Marriages”

the marriage of a man and a woman who
have lived together as husband and wife  Petition for Annulment of Voidable
for at least five years and without any Marriages for grounds specified
legal impediment to marry each other. under Article 45 of the Family
The contracting parties shall state the Code may be filed by the following:
foregoing facts in an affidavit before any
person authorized by law to administer a) Husband/Wife whose
oaths. The solemnizing officer shall also parents or persons
state under oath that he ascertained the exercising substitute
qualifications of the contracting parties are parental authority or having
found no legal impediment to the marriage. legal charge upon them did
not give consent (within 5
years after H/W attained 21
Annulment of Judgement, Rule 47 y.o. [free cohabitation by
the petitioner-spouse with
A.M. No. 02-11-10-SC (March 4, 2003 RE: the respondent-spouse
PROPOSED RULE ON DECLARATION after attainment of 21 y.o. is
OF ABSOLUTE NULLITY OF VOID a defense against him/her])
MARRIAGES AND ANNULMENT OF b) Sane Spouse who had no
VOIDABLE MARRIAGES) knowledge of the other’s
insanity (at any time before
Absolute Nullity of “Void Marriages” the death of either spouse);
c) Relative, Guardian,
 Petition for Declaration of Absolute Person Having Legal
Nullity of Void Marriages may be Charge, respectively of
filed solely by the husband or the the insane (at any time
wife; before the death of either
 An action or defense for the spouse);
declaration of absolute nullity of d) Insane Spouse during
void marriage shall not prescribe; lucid interval or after
 If the ground of the petition is regaining sanity (at any
under Article 36 of the Family time before the death of
Code, i.e. void marriage due to either spouse [free
psychological incapacity to comply cohabitation by the
with the essential marital petitioner-insane-spouse
obligations by any party thereto, with the other spouse
complete facts showing: 1.) either {insane or not lol!} after
or both parties’ psychological coming to reason is a
incapacity at the time of the defense against him/her]);
celebration of marriage even if e) Injured Party/Spouse
such incapacity manifested only  whose consent was
after celebration; 2.) physical vitiated, e.g. by
manifestations, if any, indicative of fraud, force,
such incapacity at the time of the intimidation, or
11

Arellano University School of Law

Donada corner Menlo Street
Pasay City
Ktrl+ Civil Law Review I (Persons + Family Relations, Property, Succession) – Atty. Legaspi
Academic Year 2018-2019
undue influence
(within 5 years after
discovery of fraud
by petitioner-spouse
or from cessation or
disappearance of
force, intimidation,
or undue influence
[free cohabitation by
the petitioner-
spouse with the
respondent-spouse
is a defense against
him/her {for fraud:
provided petitioner
spouse has full
knowledge of the
facts constituting
fraud}]);
 where the other
spouse is physically
incapable of
consummating the
marriage AND such
incapability
continues and
appears to be
incurable; or where
the other party was
afflicted with a petitioner with the Office of the
sexually-
transmissible
disease found to be
serious and appears
to be incurable
(within five years
after the celebration
of marriage);
Venue – In the Family Court of Province
or City where petitioner or respondent
actually resides for at least 6 months prior
the filing date. In case of non-resident
respondent, wherever he may be found
without said period of residency.
Arellano University School of Law
Donada corner Menlo Street
Pasay City
Contents / Matters included in the
Petition
 The above-stated factual
antecedents of the cause of action ;
 Names and ages of the common
children;
 Property Regime and the list of
properties involved;
 Provisional Order for spousal
support, custody and support of
common children, visitation,
visitation rights, administration of
community or conjugal property,
and other matters similarly
requiring urgent action if no written
agreement to effect;
 Verification and Certification
Against Forum Shopping which
shall be authenticated if the
petitioner is in a foreign country by
a duly authorized officer of the
Philippine embassy;
 Petition shall be filed in six copies.
Copies shall be served by the
Solicitor General and the Office of
the City or Provincial Prosecutor,
within five days from the date of its
filing and submit to the court proof
of such service within the same
period.
Failure to comply with any of the
preceding requirements (including
filing with six copies and service of
the same) may be a ground for
immediate dismissal of the petition.
SC, RA 11313 “Safe Spaces Law”
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Academic Year 2018-2019

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Arellano University School of Law

Donada corner Menlo Street
Pasay City