CIVIL CODE

Art 28 – Unfair competition

- Injury
- Act must be characterized contrary to good conscience, shocking to judicial…, or otherwise
unlawful
- Public injury does not matter, it must be private injury – any other malicious interference

Art. 37 in re to 41,42,43 – issue must be related to acquisition of the right of the child and not that of the
parents

Continental steel vs Montaño Case:

CBA-paternity leave and other benefits availed by an employee but company denied. Company: the
employee is not entitled to benefits because no one died, because there must first be civil personality

SC: Art 31 in re 41, 42, 43: It cannot be used since what is in issue does not involve the acquisition of the
right of the unborn child, civil personality of the child

In case of Death, there is no need to have a civil personality. Death mean cessation of life and does not
need to have civil personality.

Silverio vs. Republic:

Sex of the person is determined by the time of the birth of the person by simply examining the genitals
(ocular inspection). If that determination is presumed correct, that is immutable and cannot be change
simply by sex reassignment

Hence, in case of same sex marriage – cannot be allowed

Republic vs Cagandahan:

-suffering abnormality: The choice of the individual must be respected and in the event that he make a
choice and want to correct his condition by undergoing surgery, the Silverio case will not apply.

Same Sex Marriage: not mentioned in Art. 26 of FC – use the definition of Art. 1 (union bet. Man and
woman)

Ex: 1st marriage- same sex, 2nd marriage- to opposite sex

2nd marriage is perfectly valid, no liability of bigamy, no need to apply FC as to judicial declaration of
nullity of marriage for the 1st one because same sex marriage is not recognized in PH

Republic vs Alvios

Validity of Marriage: not affected by different reason of marrying a person like for purpose of acquiring
American citizenship, other than establishment of conjugal partnership or family life

Was there consent? Yes, as long as it was made freely as long as no defect like force, intimidation
Ronulo vs. People

Issue: existence of marriage ceremony; Solemnizing officer: did not solemnize but merely bless

SC: The minimum reqt of marriage ceremony: that the contracting parties appeared before the
solemnizing officer; and that they take personal declaration that they are taking each other as H and W
in front of 2 witnesses

How about if there is no witnesses? It is merely evidentiary, and its absence is a mere regularity which
will not affect the validity of marriage

Morigo vs People

Acquitted by the crime of marriage

In the 2nd marriage, no need to comply with Art 40 of FC since in the 1st marriage, there was no actual
marriage ceremony since there so no personal appearance and no personal declaration, hence there is
no semblance of a marriage. But take note personal declaration can be made in any form, no particular
rites or form is needed.

Mercado case vs. morigo case: If there was a semblance of a marriage because there was a marriage
ceremony, even if subsequently it became void by some reason, then the ruling in Mercado vs Tan must
be used such as compliance of Art. 40 is required.

If there is no appearance of a marriage, no semblance of a marriage because there is no marriage

ceremony, then use Morigo case apply, no need to comply with Art. 41

Imbong vs. Ochoa

Requirement of issuance of Marriage license: need seminar of parenthood, family planning

Absense of such seminar upon issuance of ML: mere irregularity

ABSOLUTE DIVORCES

If it is the foreigner who obtained divorce it is recognized as valid divorce in PH, provided that the
decree of divorce was obtained by him in acc. With his national law.

When? In determining the validity of absolute divorce, the reckoning point is the citizenship at the time
of the valid divorce decree is obtained.

If decree is obtained by the PH citizen PH – invalid contrary to public policy

The PH laws do not provide absolute divorce. The existence of a foreign judgment must be proven as a
matter of fact in order to be recognized. Allege and prove the existence of the absolute divorce and that
it is in acc. With the national law of foreigner.

Braganza vs. City of Hima, Negros Occ.

The issue of absolute divorce may be brought in pursuance to a petition under Rule 108: correction of
entries.

Fujiki vs Marinay
AM 02-11-10: Petition for declaration of absolute nullity of marriage

SC: no need to comply with AM 02-11-10, since it will require a re-litigation of a case which was already
decided abroad. It only needs proof of recognition of foreign judgment and it must be pursuant to
national law of any of the parties.

Corpuz vs Sto. Tomas:

Art 26(2) – mixed marriage, governs PH citizen only

If there is a pet for recognition of foreign judgment which was filed by the foreigner spouse, the court
can only take cognized as to proof of recognition and the court cannot decide or authorized the right of
the foreigner to remarry. But in case if it is the PH citizen spouse who filed the petition, then the court
may authorized his/her right to remarry.

Tupal vs Rojo

The participation/duty of solemnizing officer in re to marriage with respect to Art. 34: to determine the
compliance with Art 34 and if parties were not suffering legal impediment, but it cannot notarized the
affidavit of cohabitation of the contracting parties pursuant to art. 34.

Rep. vs. Dayot, De Castro vs De castro:

If there was a falsification of affidavit of cohabitation as a ground to nullify the marriage:

The falsity of the affidavit of cohabitation will result to non-exemption of marriage license. So therefore
the marriage is considered void ab initio by reason of the absence of valid marriage license. The validity
of a marriage is determined by law, hence it the principle of estoppel will not apply.

As to Bigamy:

- It is necessary that the 2nd marriage would have been valid had there not been a 1st marriage.

Santiago vs People:
If there was falsification, that illegal of feigning a marriage, and the party will invoke their innocence for
the crime of bigamy. Even if the 2nd marriage is obtained without a marriage license by reason of
falsification of affidavit of cohabitation, it cannot be used as a defense for the crime of bigamy. It is not
allowed it would tantamount to mockery of the sacrament of marriage.

Enrico vs. Heirs of Medina Cely

SC: the rule of 02-11-10 applies only to marriages celebrated during the effectivity of the Family Code,
and the rule is prospective in application.
The filing for the petition for declaration of nullity of marriage must be made during the lifetime of both
spouse and it can only be filed by any of the H and W.

However, you have learned that a void marriage can be attack collaterally and even after the death of
the H and W
Take note: check if it is covered by AM 02-11-10, only H and W may file, it must only be filed by direct
proceeding by filing the petition for DNM

However, if the marriage is void upon the death of one of the spouses, it can be attack collaterally in
case of settlement of the estate, by any interested party who will be affected.

If marriage is covered by the Civil Code, then AM 02-11-10 will not apply. Hence, it may be filed by any
person who is considered as a real party in interest.
If the spouses is still alive, the children cannot yet file a petition for the declaration of the nullity of
marriage. But upon the death of any of the spouses, the children may now file.

Niñal vs Bayadog

May a marriage be declared in an action for correction of entries?

No, if marriage is covered by Am 02-11-10, hence it must be filed by direct proceeding of a petition
DNM. The petition must be filed to the Family Court.

Braganza case vs. Olayvar Case

Republic vs. Olayvar

- There was an identity theft
- She filed a petition of correction of entries to drop her name as the wife of the Korean
SC: It may be done pursuant to Rule 108, since in this case, there was actually no marriage that
took place