Persons and Family Relations MT Reviewer

THE ANO? THE PERSONS AND FAMILY RELATIONS REVIEWER (MT) W.R.
2023
The Civil Code of the Philippines JURISPRUDENCE:

Consunji v Court of Appeals – Article 3 is limited to
The Civil Code took effect on August
mandatory and prohibitory laws.
30, 1950
Article 4. Law shall have no retroactive
EFFECTS AND APPLICATIONS OF effect, unless the contrary is provided.
LAWS Instances a law applies retroactively: 1. Expressly
Article 1. This act shall be known as the provided by the law; 2. Curative or remedial; 3. Law is
procedurial; 4. Law is penal in character and favorable to
Civil Code of the Philippines.
the accused.
Article 2 (as amended by E.O. 200, Article 5. Acts executed against the
1987). Laws shall take effect after 15 day provisions of mandatory or prohibitory
following the completion of their laws shall be void, except when the law
publication in the official Gazette, or in itself authorizes their validity.
newspaper of general circulation in the Mandatory law is a law that instructs a person to do
Philippines, unless it is otherwise something, while a prohibitory law instructs a person to
provided. not do something.
The former version did not include the option for printing
in newspapers of general circulation. Article 6. Rights may be waived, unless
JURISPRUDENCE: the waiver is contrary to law, public policy,
Tanada v. Tuvera – Publication of laws is a requirement morals or good customs, or prejudicial to a
and the “unless it is otherwise provided” modifies the 15
third person with a right recognized by
day requirement not the necessity to publish the laws. In
the Motion of Reconsideration only laws that tackles
law.
public interest is necessary to be published internal rules
are not required to be published to be effective. Article 7. Laws are repealed only by
Department of Finance v Dela Cruz – The 15 day
subsequent ones, and their violation or
requirement is not necessary and a law can be effective
non-observance shall not be excused by
immediately upon publication. Likewise, internal rules
were not needed to be published. disuse, or custom, or practice to the
Garcillano v House of Representative – Online contrary.
publication is not a sufficient publication as referred to in When the courts declare a law to be
Article 2 of the Civil Code. Only publication in the
inconsistent with the Constitution, the
Official Gazette, or newspapers of general circulation are
recognized as sufficient.
former shall be void and the latter shall
govern.
Article 3. Ignorance of the law excuses no Administrative or executive acts, orders
one from compliance therewith. and regulations shall be valid only when
Mistake of Fact is different from Ignorance of the law. they are not contrary to the laws or the
The difference is necessitating to the situation given.
Constitution.
What Article 3 refers to is ignorance of the law.
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THE GREATEST LESSON OF SISYPHUS IS FINDING GLORY IN THE CURSE OF OUR
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THE ANO? THE PERSONS AND FAMILY RELATIONS REVIEWER (MT) W.R. 2023
Repeal is a legislative of abrogating through a subsequent Article 13 (as repealed by Sec. 31,
law the effects of a previous statutes or portions thereof.
Administrative Code of 1987).
The Constitution is the highest law of the land as it is the
When the law speaks of years, months,
law that was ratified by the people themselves thus it
shall govern. days or nights, it shall be understood that
a year is 12 calendar months; months, of
Art 8. Judicial decisions applying or thirty days; days, of twenty-four hours; and
interpreting the laws or the Constitution nights, from sunset to sunrise.
shall form part of the legal system of the If months are designated by their name,
Philippines. they shall be computed by the number of
The principle of Stare Decisis binds the law of the land days which they respectively have.
likewise, being a country of a mixed jurisdiction. The
In computing a period, the first day shall
country with influence from the American legal system is
also a common law system.
be excluded, and the last day included.
Before a year was defined as 365 days thus you need to
count 365 days for a period of a year.
Art 9. No court or judge shall decline to
render judgement by reason of the
Article 14. Penal laws and those of public
silence, obscurity or insufficiency of the
security and safety shall be obligatory
laws.
upon all who live or sojourn in Philippine
The judiciary can not legislate. They can only fill the
gaps of the law.
territory, subject to the principles of public
international law and to treaty stipulations.
Article 10. In case of doubt in the The penal laws are territorial in nature.
interpretation and application of laws, it is

Art 15. Laws relating to family rights and
presumed that the lawmaking body
duties, or to the status, conditions and
intended right and justice to prevail.
Statutory Construction teaches us that one should find
legal capacity of persons are binding upon
the intent of the legislature in interpreting statutes. citizens of the Philippines, even though
living abroad.
Article 11. Customs which are contrary to The family code’s jurisdiction looks at the citizenship
law, public order or public policy shall be and not territory. Likewise a person who marries
someone outside the country shall not be liable
countenanced.
criminally but shall have their marriage be declared to be
Article 12. A custom must be proved as a
bigamous.
fact, according to the rules of evidence.
Customs “are rules of conduct formed by repetition of
Art 16. Real property as well as personal
acts, uniformly observed as a social rule, legally binding
and obligatory. “lowest form of law” it gives guidance to
property is subject to the law of the
society as laws however it does not go beyond law itself. country where it is situated.
However, intestate and testamentary
successions, both with respect to the
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order of succession and to the amount of Third paragraph tells us that laws of foreign country shall
not bind Philippine law.
successional rights and to the intrinsic
validity of testamentary provisions, shall
Art 18. In matters which are governed by
be regulated by the national law of the
the Code of Commerce and special laws,
person whose succession is under
their deficiency shall be supplied by the
consideration, whatever may be the nature
provisions of this Code.
of the property and regardless of the
The Civil Code shall be supplementary to the Code of
country wherein said property may be Commerce.
found.
The first paragraph tells us that property relations is HUMAN RELATIONS
relative to where it is found. While, testamentary and Art 19. Every person must, in the exercise
succession is relative to the law of nationality of the
of his rights and in the performance of his
person who owns such property.
duties, act with justice, give everyone his
Art 17. The forms and solemnities of due, and observe honesty and good faith.
contracts, wills, and other public

instruments shall be governed by the laws Art 20. Every persons who, contrary,
of the country in which they are executed. wilfully or negligently causes damage to
When the acts referred to are executed another, shall indemnify the latter for the
before the diplomatic or consular officials same.
of the Republic of the Philippines in a

foreign country, the solemnities Art 21. Any person who wilfully cause loss
established by Philippine laws shall be or injury to another in a manner that is
observed in their execution. contrary to morals, good customs or public
Prohibitive laws concerning persons, their policy shall compensate the latter for the
acts or property, and those which have for damage.

All three preceding articles enunciate “abuse of rights”
their object public orders, public policy and
doctrine. Article 19 sets the standards and is the rule of
good customs shall not be rendered
conduct. Article 20 talks about actions that are contrary
ineffective by laws or judgments to law and civil liability. For the aforementioned article
promulgated, or by determinations or both intentional and non-intentional actions that are
conventions agreed upon in a foreign unlawful render civil liability Article 21 qualifies that
intentional action that are against morals, good customs
country.
and public policy are still civil liable.
The first paragraph talks about the contracts, wills, and
JURISPRUDENCE:
other public instruments executed in other country shall
Wassmer v. Velez – If there is financial damage done
be subject to the law.
already to a supposed wedding there is civil liability. In
The second paragraph tells that if the contract was
the case a day before the wedding the supposed husband
established inside embassy or within the jurisdiction of
“ghosted” his supposed to be wife.
the Philippines abroad Philippine law shall govern.
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Gashem Shookat Baksh v CA and Marilou Gonzales Art 25. Thoughtless extravagance in
– in the case Baksh promise to marry Gonzales thus
expenses for pleasure or display during a
surrendering her virginity, was enough to establish the
period of acute public want or emergency
civil liability of Baksh.
may be stopped by order of the courts at
Art 22. Every person who through an act the instance of any government or private
of performance by another, or any other charitable institution.
means, acquires or comes into possession PCSO ang unang unang pumasok sa ulo ko….
of something at the expense of the latter

Art 26. Every person shall respect the
without just or legal ground, shall return
dignity, personality, privacy and peace of
the same to him.
mind of his neighbors and other persons.
JURISPRUDENCE:
Republic v Judge Ballocanag and Danilo Reyes – The following and similar acts, though they
Danilo Reyes came in the acquisition of a plot of land may not constitute a criminal offense, shall
which he cultured. However, the land was later produce a cause of action for damages,
discovered to be owned by the government who leased it
prevention and other relief:
to another person. Because the law is against unjust
enrichment thus the court held that the government
(1) Prying into the privacy of another’s
should pay Danilo Reyes for what he has cultured.] residence
(2) Meddling with or disturbing the
Art 23. Even when an act or event private life or family relations of
causing damage to another’s property was another;
not due to the fault for negligence of the (3) Intriguing to cause another to be
defendant, the latter shall be liable for alienated from his friends;
indemnity if through the act or event he (4) Vexing or humiliating another on
was benefited. account of his religious beliefs,
Unjust enrichment is prohibited in our jurisdiction Art.
lowly station in life, place of birthm
22 and 23 enunciates this concept.
physical defect, or other personal
Art 24. In all contractual, property or other condition.

This provision is to protect human dignity.
relations, when one of the parties is at a
JURISPRUDENCE:
disadvantage on account of his moral Spouses Hing v Coachuy, Sr. – The Court held that
dependence, ignorance, indigence, mental paragraph 1 also includes an office or workplace. Thus,
weakness, tender age or other handicap, the court ordered to remove the CCTV angulated to the
property of the petitioners.
the courts must be vigilant for his
protection.
Art 27. Any person suffering material or
The Court must be very vigilant in protecting the rights
of the disadvantaged with the foresight of the decision
moral loss because a public servant or
ruling for what is right and what is legal. employee refuses or neglects, without just
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cause, to perform his official duty may file whether or not the acquittal is due to that
an action for damage and other relief ground.
against the latter, without prejudice to any A complainant can file a separate action from the civil
court and the decision in the former shall not affect the
disciplinary administrative action that may
latter. The burden of proof is less for a civil case laid in
be taken.
contrary with a criminal case as the former is only a
If a person suffers from the refusal or neglect of a public
preponderance of evidence while the latter is beyond
servant or employee he can file a separate civil action
reasonable doubt. The second paragraph talks about the
from the administrative action to be faced by the accused.
inference of an acquittal of the accused.
Art 28. Unfair competition in agricultural,

Art 30. When a separate civil action is
commercial or industrial enterprises or in
brought to demand civil liability arising
labor through the use of force,
from a criminal offense, and no criminal
intimidation, deceit, machination or any
proceedings are instituted during the
other unjust, oppressive or high-handed
pendency of the civil case, a
method shall give rise to a right of action
preponderance of evidence shall likewise
by the person who thereby suffers
be sufficient to prove the act complained
damage.
of.
Unfair competition is defined as the deprivation of a fair
A Civil case can be filed separately from a criminal case
chance to engage in business or earn a living.
and it would be tried based on its own burden of proof
without considering the fact of a criminal case was filed
Art 29. When the accused in a criminal or not. The fact of filing a criminal case is immaterial for
prosecution is acquitted on the ground that a civil action which is in trial for a civil case.
his guilt has not been proved beyond
reasonable doubt, a civil action for Art 31. When the civil action is based on
damages for the same act or omission an obligation not arising from the act or
may be instituted. Such action requires omission complained of as a felony, such
only a preponderance of evidence. Upon civil action may proceed independently of
motion of the defendant, the court may the criminal proceedings and regardless of
require the plaintiff to file a bond to answer the result of the latter.
for damages in case the complaint should

be found to be malicious. Art 32. Any public officer or employee, or
If in a criminal case the judgment of any private individual, who directly or
acquittal is based upon reasonable doubt, indirectly obstructs, defeats, violates, or in
the court shall so declare. In the absence any manner impedes or impairs any of the
of any declaration to that effect, it may be following rights and liberties of another
inferred from the text of the decision person shall be liable to the latter for
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damages: (subparagraphs 1-19 are Defamation, fraud, and physical injuries civil action is
separate from the criminal action. The burden of proof
Constitutional rights)
remains to be preponderance of evidence.
In any of the case referred to in this article,
whether or not the defendant’s act or Art 34. When a member of a city or
omission constitutes a criminal offense, municipal police force refuses or fails to
the aggrieved party has a right to render aid or protection to any person in
commence an entirely separate and case of danger to life or property, such
distinct civil action for damages, and for peace officer shall be primarily liable for
other relief. Such civil action shall proceed damages, and the city or municipality shall
independently of any criminal prosecution be subsidiarily responsible therefor. The
(if the latter be instituted) and may be civil action herein recognized shall be
proved by a preponderance of evidence. independent of any criminal proceedings,
The indemnity shall include moral and a preponderance of evidence shall
damages. Exemplary damages may also suffice to support such action.
be adjudicated. A person has a cause to file a separate criminal
The responsibility herein set forth is not proceeding if an officer of the peace inaction resulted to
demandable from a judge unless his act or the damage of the offended party.
omission constitutes a violation of the

Art 35. When a person, claiming to be
Penal Code or other penal statutes.
injured by a criminal offense, charges
A person that impedes the Constitutional rights of a
person shall be deemed civilly liable. another with the same, for which no
Paragraph 2 the offended party shall be able to file a independent civil action is granted in this
separate civil action from criminal action, administrative Code or any special law, but the justice of
action or of the like.
the peace finds no reasonable grounds to
Paragraph 3 establishes the civil liability of a judge
protecting him from abridging Constitutional rights
believe that a crime has been committed,
unless it is prohibited explicitly in the Revised Penal or the prosecution attorney refuses or fails
Code. to institute criminal proceedings, the
complainant may bring a civil action for
Art 33. In case of defamation, fraud, and
damages against the alleged offender.
physical injuries, a civil action for
Such civil action may be supported by a
damages, entirely separate and distinct
preponderance of evidence. Upon the
from the criminal actions, may be brought
defendant’s motion, the court may require
by the injured party. Such civil action shall
the plaintiff to file a bond to indemnify the
proceed independently of the criminal
defendant in case the complaint should be
prosecution and shall require only a
found to be malicious.
preponderance of evidence.
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If during the pendency of the civil action, Art. 38. Minority, insanity or imbecility, the
an information should be presented by the state of death-mute, prodigality and civil
prosecuting attorney, the civil action shall interdiction are mere restriction of capacity
be suspended until the termination of the to act, and do not exempt the
criminal proceedings. incapacitated person from certain
The first paragraph tells us that a civil action may still obligation, as when the latter arise from
file a civil action even if the criminal action is declared
his acts or from property relation, such as
as without probable cause. However, a bond for filing
easements.
such suit is required. The second paragraph tells us that a
Basically Art. 38 is the basis of why those who are
civil action shall be suspended when information of a
Exempted in Article 12 of the RPC from criminal
civil action has been filed.
liability does not escape their civil obligations to the
offended party.
Art. 36. Prejudicial questions, which must
be decided before any criminal
Art 39. The following circumstances,
prosecution may be instituted or may
among others, modify or limit capacity to
proceed, shall be governed by rules of
act: age, insanity, imbecility, the state of
court which the Supreme court shall
being a deaf-mute, penalty, prodigality,
promulgate and which shall not be in
family relations, alienage, absence,
conflict with the provisions of this code.
insolvency and trusteeship. The
Prejudicial questions are those which directly answer that
is needed to be solved to establish the service of justice. consequences of these circumstances are
Thus, if a person who kills in mars shall be trial for the governed in this Code, other codes, the
murder a prejudicial question of who has jurisdiction Rules of Court, and in special laws.
over mars should be first answered. (The answer is the
Capacity to act is not limited on account of
country of the killer’s citizenship if you guys are
wondering if the Antarctic Rules apply)
religious belief or political opinion.
A married woman, twenty-one years of
CIVIL PERSONALITY age or over, is qualified for all acts of civil
Art. 37. Juridical capacity, which is the life, except on case specified by law.
fitness to be the subject of legal relations, The list given are situation where a person may have
limited capacity to pursue or be sued by civil actions.
is inherent in every natural person and is
The second paragraph talks about a woman’s capacity to
lost only through death. Capacity to act,
commit civil actions.
which is the power to do acts with legal
effects, is acquired and may be lost. NATURAL PERSONS
A prima facie evidence of death is death certificate,
Art 40. Birth determines personality; but
likewise presumptive death if not for purposes of
remarriage must wait for 10 years before distribution of
the conceived child shall be considered
any properties can happen. born for all purposes that are favorable to
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it, provided, it be born later with the Art 42. Civil personality is extinguished by
conditions specified in the following article. death.
Presidential Decree 603 of former President Marcos The effect of death upon the rights and
recognizes the civil personality of a person starts from
obligations of the deceased is determined
conception thus this is the legal basis of post-conception
by law, by contract and by will.
contraception as illegal in the country but pre-conception
It is important to have a death certificate because it is a
contraception is allowed. Likewise, Birth determines
prima facie evidence to give effect to the second
personality is now changed to conception determines
paragraph which of the time is about property relations
personality.
(damn those greedy heirs, “di yan Filipino family kung
walang yan land dispute”  this is actually a maxim
Art 41. For Civil purposes, the fetus is
considered born if it is alive at the time it is
Art 43. If there is a doubt, as between two
completely delivered from the mother’s
or more persons who are called to
womb. However, if the fetus had an intra-
succeed each other, as to which of them
uterine life of less than seven months, it is
died first, whoever alleges the death of
not deemed born if it dies within twenty-
one prior to the other, shall prove the
four hours after its complete delivery from
same; in the absence of proof, it is
the maternal womb.
presumed that they died at the same time
One may seem to argue PD 603 and Art 41 runs contrary
and there shall be no transmission of right
with one another however, what Article 40 as amended is
a provisional personality up until the birth or in case of from one to the other.
being the womb only of less than seven months and The one who alleges that a person died first has the
surviving atleast for 24 hours. The complete personality burden of proof then if there are no evidence they shall
is given upon birth. be proclaimed to have died at the same time.
JURISPRUDENCE: JURISPRUDENCE
Quimiging v. Icao – In this case a mother is asking for Joaquin v. Navarro – WWII scene rak n’ roll wooh!
sustenance from the father of the child she bears. The Court held that Navarro Jr. died first before Navarro
However, during the course of the trial proceedings she mother as the preponderance of evidence were sufficient
bore a child. The Court held that the mother is still to prove was the sequence of death during the siege of
entitled to the support from the father for the child Manila.
whether in the womb or after the fact of birth.
JURIDICAL PERSONS
Geluz v CA – The case talks about the father of an
Art 44. The following are juridical persons:
aborted child trying to suit the doctor that aborted his
(1) The state and its political
child. However, factual review shows that the father had
consented to the abortion and was using it as blackmail subdivisions;
against Dr. Geluz. The court held there will be no (2) Other corporations, institutions and
awarding of damages as parents can not file for damages entities for public interest or
for a child who is aborted.
purpose, created by law; their
personality begins as soon as they
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have been constituted according to Article 46 discusses what are juridical persons capable of
doing, it lists down the following 1. Own properties, 2.
law;
Sue or be sued
(3) Corporations, partnerships, and
associations for private interest or Art 47. Upon the dissolution of
purpose to which the law grants a corporations institutions and other entities
juridical personality, separate and for public interest or purpose mentioned in
distinct from that of each No. 2 of Article 44, their property and other
shareholder, partner or member. assets shall be disposed of in pursuance
Subparagraph 1 discusses the Government and its
of law or the charter creating them. If
subdivisions, subparagraph 2 discusses corporations that
are created by law, lastly subparagraph 3 is corporations
nothing has been specified on this point,
created by the private sector. The concept of the the property and other assets shall be
corporate veil is discussed in this chapter; the company is applied to similar purposes for the benefit
a separate person thus the action conducted should be
of the region, province, city or municipality
considered as not of the persons that compromise but of
which during the existence of the
the personality and solely of the juridical person.
institution derived the principal benefits
Art 45. Juridical person mentioned in Nos. from the same.
1 and 2 of the preceding article are This is only relevant for corporations created by law. In
an IRA system does this mean lahat mapupunta lang sa
governed by the laws creating or
Manila? Anys irrelevant naman to question na to I stand
recognizing them. that yea probably.
Private corporations are regulated by laws
of general application on the subject.
Partnership and association for private
interest or purpose are governed by the
provisions of this Code concerning
partnerships.
The laws of the government and those created by law are
bound to the laws that created them. Paragraph 2 talks
about private juridical persons which would be governed
by general laws. Last paragraph for partnership and
associations constitute a separate type of rules which are
provided by the civil code.
Art 46. Juridical persons may acquire and

possess property of all kinds, as well as
incur obligations and bring civil or criminal
actions, in conformity with the laws and
regulations of their organization.
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THE FAMILY CODE OF THE basis of her marriage. Marriage is not subject to
stipulation thus such agreement in the contract is
PHILIPPINES
unlawful.
The Family Code took effect on August Duncan and Tecson v Glaxo – We have an employee
3, 1988 who married someone from a competitor of the company,

The company fired him because of this. The court held
that the company has the right to fire because an
REQUISITES OF MARRIAGE employee married an competitor there is just cause of the
Art 1. Marriage is a special contract of separation because it was done for the self-preservation
permanent union between a man and a of the company.

Star Paper v Simbol, Comia, and Estrella – The
woman entered into in accordance with
company prohibits employees fellow employees as it
the law for the establishment of conjugal would compromise their productivity. However, the court
and family life. It is the foundation of the ruled that such prohibition is not allowed as it would
family and an inviolable social institution stipulate the contraction of marriage between employees.
whose nature, consequences, and

Art 2. No marriage shall be valid, unless
incidents are governed by law and not
these essential requisites are present:
subject to stipulation, except that marriage
(1) Legal capacity of the contracting
settlements may fix the property relations
parties who must be male and a
during the marriage within the limits
female; and
provided by this Code.
Please try to memorize this it yun mema na sagot for
(2) Consent freely given in the
everything. The first sentence talks about the nature of a presence of the solemnizing
marriage. Marriage is a “special contract” thus its sui officer.
generis. Marriage is a “permanent union” it is inviolable These are the essential requisites of marriage Legal
thus the Court would have a presumption towards the Capacity is the ability to marry a person, thus only
legitimacy of a marriage. Next is “between a man and a persons who are already 18 years old and above are fit to
woman” this would run against for same sex marriage. marry.
“in accordance with law” the couple is obliged to follow JURISPRUDENCE:
the law governing the family (di ko sinasabi family code Rommel Silverio v. Republic – In order to protect
yun pero parang ganun na nga). Lastly, “conjugal and Marriage the Court held that a transgender can not
family life” basic principle of Art. 68 Marital change the information of his birth certificate to that of
Obligations. which he identifies as it would misrepresent a man into a
The second sentence is basically explaining the woman.
importance of the family in view of the state and couples Republic v. Cagandahan – Because of being an intersex
can have a pre-nuptial agreement before entering a Jennifer Cagandahan was allowed to change his gender
marriage in accordance with the Family Code. from female to male and changer her name from Jennifer
JURISPRUDENCE: to Jeffrey.
PT&T v NLRC and Grace De Guzman – “not subject Republic v. Liberty Albios – Married an American to
to stipulation” Grace De Guzman was dismissed from her be an American Citizen. However, plans didn’t go as
reliever job in the PT&T because she married. The Court planned wanted a declaration of nullity. The Court held
held that it was unjust for the company to fire her on the nope you can’t as there is still consent given and Albios
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knows the consequence of being married as she knows Paragraph 2, defects in the essential and formal requisite
that in order to get a green card one should be married to is only voidable.
a foreigner. Paragraph 3, irregularities does not affect the validity of a
marriage. Thus, misspelled names, LCR to issue a
Art 3. The formal requisites of marriage marriage license is not the LCR of residence, or two
witness are absent are mere irregularities.
are:
JURISPRUDENCE:
(1) Authority of the solemnizing office;
Abbas v. Abbas – Marriage License was fake thus
(2) A valid marriage license except in making the marriage void ab initio for having a formal
the cases of Chapter 2 of this title; requisite absent. Marriage license was issued to another
and couple.
Sally Go-Bangayan v Benjamin Bangayan Jr. – In thi
(3) A marriage ceremony which takes
case there was no marriage ceremony conducted only a
place with the appearance of the signing of the marriage contract, likewise there was no
contracting parties before the marriage license as well. The court held there is no
solemnizing officer and their marriage that exists between Sally and Benjamin because
there were no ceremony or license, so there were no
personal declaration that they take
subsequent marriage.
each other as husband and wife in
Kho v Republic and Kho – Preponderance of evidence
the presence of not less than two is enough to prove the inexistence of a marriage
witnesses of legal age. certificate. The LCR having to record thereof is prima
In subparagraph 3 the formal requisite is the marriage facie evidence of the inexistence of a marriage license.
ceremony where the couple has a personal declaration to Vitangcol v People – Article 40 a Judicial declaration is
take each other as husband and wife. needed before someone is capacitated to remarry again
likewise, the subsequent marriage is void and the
Art 4. The absence of any of the essential Vitangcol is criminally liable.
or formal requisites shall render the

Art 5. Any male or female of the age of
marriage void ab initio, except as stated in
eighteen years or upwards not under any
Article 35 (2) [Marriage contracted by
of the impediments mentioned in Article 37
person who is not a Solemnizing Officer in
(incestuous) and 38 (public policy), may
good faith]
contract marriage.
A defect in any of the essential requisite
The magic of age of majority<3
shall render the marriage voidable as
provided in Article 45. Art 6. No prescribed form or religious rite
An irregularity in the formal requisites shall for the solemnization of the marriage is
not affect the validity of the marriage but required. It shall be necessary, however,
the party or parties responsible for the for the contracting parties to appear
irregularity shall be civilly, criminally and personally before the solemnizing officer
administratively liable. and declare in the presence of not less
Paragraph 1, void ab initio is void from beginning.
than two witnesses of legal age that they
Emphasis on the word absence
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take each other as husband and wife. This (3) Any ship captain or airplane chief
declaration shall be contained in the only in the case mention in Article
marriage certificates which shall be signed 31 (articulo mortis);
by the contracting parties and their (4) Any military commander of a unit
witnesses and attested by the solemnizing to which a chaplain is assigned, in
officer. the absence of the latter during a
In case of a marriage in articulo mortis, military operation, likewise only in
when the party at the point of death is the case mentioned in Art
unable to sign the marriage certificate, it 32(articulo mortis); or
shall be sufficient for one of the witnesses (5) Any consul-general, consul or vice-
to the marriage to write the name of said consul in the case provided in Art.
party, which fact shall be attested by the 10 (within the office or embassy
solemnizing officer. and two Filipinos).
Article 6 paragraph 1 discusses a marriage ceremony as A Mayor is also capacitated to conduct a marriage, or the
viewed by the Family Code. Also it mentions of the persons who is the acting mayor.
existence of a marriage contract which is prima facie JURISPRUDENCE:
evidence of the existence of a marriage.
Keuppers v Murcia – Judge Murcia in an
Article 6 paragraph 2 discusses in a situation of a
administrative case was found guilty of
marriage conducted in articulo mortis.
marrying out of his jurisdiction.
Art 7. Marriage may be solemnized by:

(1) Any incumbent member of the Art 8. The marriage shall be solemnized
judiciary within the court’s publicly in the chambers of the judge or in
jurisdiction. open court, in the church, chapel or
(2) Any priest, rabbi, imam, or minister temple, or in the office of the consul-
of any church or religious sect duly general, consul or vice-consul, as the case
authorized by his church or may be, and not elsewhere, except in
religious sect and registered with cases of marriages contracted at the point
the civil registrar general, acting of death or in remote places in accordance
within the limits of the written with Article 29 of this Code (exemptions
authority granted him by his church for marriage license), or where both of the
or religious sect and provided that parties request the solemnizing officer in
at least one of the contracting writing in which case the marriage may be
parties belong to the solemnizing solemnized at a house or place
officer’s church or religious sect; designated by them in a sworn statement

to that effect.
Very self explanatory.
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Art 9. A marriage license shall be issued 3. Age and date of birth

by the local civil registrar of the city or 4. Civil status
municipality where either contracting party 5. If previously married, how, when
habitually reside, except in marriages and where the previous marriage
where no license is required in was dissolved;
accordance with Chapter 2 of this Title; 6. Present residence and citizenship
(marriage exempt from the license 7. Degree of relationship of the
requirement). contracting parties
Only the LCR can issue such Marriage Licenses (unless 8. Full name, residence and
covered by Art. 10).
citizenship of father.
9. Full name, residence and
Art 10. Marriage between Filipino citizens
citizenship of mother;
abroad may be solemnized by a consul-
10. Full name, residence and
general, consul, or vice-consul of the
citizenship of guardian or person
Republic of the Philippines. The issuances
having charge, in case the
of the marriage license and the duties of
contracting party has neither father
the local civil registrar and of the
nor mother and is under the age of
solemnizing officer with regard to the
twenty-one years.
celebration of marriage shall be performed
The applicants, their parents or guardians
by said consular official.
shall not be required to exhibit their
Filipino citizens is a qualifier thus only those couples
who are both Filipinos can be wedded by the consular residence certificates in any formality in
officials. They also have the duties of the Local Civil connection with the securing of the
Registrar as part of their duties in allowing couples to marriage license.
contract marriage.
Art 12. LCR will require Birth Certificate, if

THE FOLLOWING IS THE DUTIES OF
not available a Baptismal Certificate. If still
THE LCR IN PRODUCING A MARRIAGE
unavailable because of haven’t not yet
LICENSE WON’T GO TOO MUCH IN
received a sworn statement of the party
DETAIL. (NON-VERBATIM
who is still yet to pass requirement is
PROVISIONS)
enough until receipt of document. If the
Art 11. When a Marriage license is
document is missing a personal
required, couple must file separately to the
appearance of the parents testifying the
proper LCR. The following information with
age of the parties shall be sufficient. The
asked:
LCR official may decipher visually if
1. Name of contracting party
couple are of sufficient age already.
2. Place of birth
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Art 13. If previously married instead of a issuance of a marriage license can be

birth certificate a death certificate or a stopped by the court.
judicial declaration of nullity of marriage
shall be required. Art 19. The LCR shall require the payment
of fees prescribed by law or regulation
Art 14. If couple is between ages of 18 to before the issuance of the marriage
21 a parental consent is required. Consent license. No other sum shall be collected in
can be personal appearance or written in the nature of a fee nor a tax. It shall be
a form of a sworn statement with two free for indigent parties.
witnesses.
Art 20. The license shall be valid in any
Art 15. If couple is between ages of 21 to part of the Philippines for 120 days from
25, parental advice shall be sought. If the the date of issue.
advice is unfavorable, marriage license
shall be issued after 3 months. If parents VERBATIM:
refused to give advice it shall only be Art 21. When either or both of the
noted. contracting parties are citizens of a foreign
country, it shall be necessary for them
Art 16. When Parental Consent and before a marriage license can be
Parental Advice is needed, they must obtained, to submit a certificate of legal
undergo marriage counselling, even if only capacity to contract marriage, issued by
one of the parties requires parental their respective diplomatic or consular
consent and parental advice as prescribed officials.
by law. The marriage is being contracted here in the Philippines
and a couple whether both foreign or not needs for those
who are foreign a certification that they have a legal
Art 17. For ten days the LCR shall post
capacity to marry.
the names of those requesting to have a JURISPRUDENCE:
marriage license so that people can notify Grace Garcia v. Roderick Recio – in the case Roderick
them of any impediment, when it is Recio was divorced his Australian wife and after
sometime later he married Grace Garcia. Grace later
completed the marriage license shall be
learned of the first marriage. Recio had a divorce decree
issued to the couple. however he did not present evidence of his legal capacity
to remarry. The case was merely remanded to further
Art 18. The LCR shall issue even if there prove the existence of the divorce law of Australia. The
marriage wasn’t proclaimed bigamous until there is
are impediments reported to him. He shall
enough proof of whether there is a divorce law in
only take note of such impediment in the
Australia and the Divorce Decree of Recio is legitimate.
Marriage License of the couple. The
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NON-VERBATIM: quadruplicate copy of the marriage

Art 22. The marriage certificate, in which certificate, the original of the marriage
the parties shall declare that they take license and, in proper cases, the affidavit
each other as husband and wife, shall also of the contracting party regarding the
state: solemnization of the marriage in a place
1. Full name, sex and age of other than those mentioned in Article 8.
contracting parties An original marriage certificate shall be given to the
newly weds a duplicate copy and a duplicate of the
2. Citizenship, religion, and habitual
duplicate shall be given to the LCR. The duplicate of the
residence
duplicate of the duplicate shall be with the Solemnizing
3. Date and precise time the officer.
celebration of marriage; JURISPRUDENCE:
4. proper marriage license was Simplicia Cercado-Siga and Ligaya Cercado- Belison
v. Vicente Cercado st, et. Al. – In this case we have the
issued
daughters of the first marriage trying to collaterally
5. whether someone had parental attack the subsequent marriage of their alleged father
consent with a certificate of marriage that was handed down by
6. whether on of the parties had their mother. However, because the document was not
certified as true and was not in the natural place where it
parental advise
should be located to be declared as an ancient document
7. parties have entered in a marriage
the marriage certificate is erroneous and doubtful to be a
settlement. reliable evidence.
VERBATIM: NON-VERBATIM:
Art 23. It shall be the duty of the person Art 24. LCR will prepare the documents
solemnizing the marriage to furnish either required in the title, and administer to
of the contracting parties the original of the oaths necessary. Necessary documents
marriage certificate referred to in Article 6 needed are exempted from documentary
and o send the duplicate and triplicate stamp tax.
copies of the certificate not later than
fifteen days after the marriage, to the local Art 25. The LCR shall enter all
civil registrar of the place where the applications for marriage licenses filed in a
marriage to the local civil registrar of the registry book, strictly in order.
place where the marriage was
solemnized. Proper receipts shall be VERBATIM:
issued by the local civil registrar to the Art 26. All marriages solemnized outside
solemnizing officer transmitting copies of the Philippines in accordance with the
the marriage certificate. The solemnizing laws in force in the country where they
officer shall retain in his file the were solemnized, and valid there as such,
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shall also be valid in this country, except Republic v. Marelyn Manalo - The Filipino can be the
party who files the divorce and shall be recognized in the
those prohibited under Article 35 (1)
Country.
[under 18 years-old], (4) [bigamous
marriage] (5) [mistake in the identity], and MARRIAGE EXEMPT FROM THE
(6) [compliance with separation of LICENSE REQUIREMENT
properties], 36 [psychological Art 27. In case either or both of the
incapacitated], 37 [incestuous marriage], contracting parties are at the point of
and 38 [marriage against public policy]. death, the marriage may be solemnized
Where a marriage between a Filipino without necessity of a marriage license
citizen and a foreigner is validly celebrated and shall remain valid even if the ailing
and a divorce is thereafter validly obtained party subsequently survives.
abroad by the alien spouse capacitating Articulo mortis does not require one of the party dies nor
him or her to marry, the Filipino spouse should a couple remarry again to effectively formalize
shall likewise have capacity to remarry their marriage.
under Philippine law.

Art 28. If the residence of either party is
The First paragraph discusses marriages conducted
abroad are recognized as long as they are not contrary to so located that there is no means of
the law of the said jurisdiction where the couple had wed transportation to enable such party to
nor against to the prohibited marriages in the country appear personally before the local civil
explicitly stated.
registrar, the marriage may be solemnized
The second paragraph talks about when a Filipino is
married to a foreigner and there was a divorce awarded to
without the necessity of a marriage
the marriage. The divorce shall be recognized to remove license.
the absurdity of remaining to be married to a person who Far flung areas can be married without a marriage
has the capacity to marry. license, there should be no transportation that is
JURISPRUDENCE: accessible in the location of residence of either of the
Pastor Tenchavez v Vicenta Escano – A Filipino parties.
couple cannot go abroad and obtain a divorce decree
when she still is a Filipino. Art. 15 of the Civil Code Art 29. In the cases provided for in the two
even emphasizes this.
preceding articles, the solemnizing officer
Rebecca Bayot v CA and Vicente Bayot – The
shall state in an affidavit executed before
citizenship of the party at the time of the Divorce is
important. Rebecca Bayot was a foreigner when the the local civil registrar or any other person
divorce was attained. legally authorized to administer oaths that
Gerbert Corpuz v. Daislyn Sto. Tomas and the Sol the marriage was performed in articulo
Gen. – Gerbert was a former Filipino and is now a
mortis or that the residence of either party,
foreigner, hence he can remarry a Filipina after attaining
a decree of divorce and proving it to the courts.
specifying the barrio or barangay, is so
David Noveras v. Leticia Noveras – Needs to prove the located that there is no means of
existence of such law. transportation to enable such party to
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appear personally before the local civil Art 33. Marriages among Muslims or
registrar and that the officer took the among members of the ethnic cultural
necessary steps to ascertain the ages and communities may be performed validly
relationship of the contracting parties and without the necessity of a marriage
the absence of a legal impediment to the license, provided they are solemnized in
marriage. accordance with their custom, rites or
This is the only requirement in exchange for the issuance practices.
of the marriage license and recognition of the marriage of
the contracting parties.
Art 34. No license shall be necessary for
Art 30. The original of the affidavit the marriage of a man and a woman who
required in the last preceding article, lived together as husband and wife for
together with a legible copy of the atleast five years and without any legal
marriage contract, shall be sent by the impediment to marry each other. The
person solemnizing the marriage to the contracting parties shall state the
local civil registrar of the municipality foregoing facts in an affidavit before any
where it was performed within the period person authorized by law to administer
of thirty days after the performance of the oaths. The solemnizing officer shall also
marriage. state under oath that he ascertained the
The solemnizing officer shall be the person in charge to qualifications of the contracting parties
file the necessary documents in the LCR. and found no legal impediment to the
marriage.
Art 31. A marriage in articulo mortis What happens if there is a legal impediment during the
between passengers or crew members five years there are two obiter dicta that can be used to
may also be solemnized by a ship captain decipher how the Supreme Court will rule:
JURISPRUDENCE:
or by an airplane pilot not only while the
Office of the Court Administrator v. Judge
ship is at sea or the plane is in flight, but Necessarrio – In the case, the Supreme Court ruled that
also during stopovers at ports of call. it is necessary for the impudent inexistent throughout the
five years before the marriage. Thus rendering the
marriage as voidable.
Art 32. A military commander of a unit,
who is a commissioned officer, shall
Manzano v. Sanchez – For as long as there is no legal
likewise have authority to solemnize impediment at the time of the marriage ceremony, the
marriages in articulo mortis between parties can avail of the exception.
persons within the zone of military

operation, whether members of the armed
forces or civilians.
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Void marriages Ab Initio: 5. Those contracted through mistake

Artice 35. These marriages shall be void of one contracting party as to the
from the beginning identity of the other.
1. Marriage with either of the parties Mistake of identity is limited to the person as himself. For
example an identical twin who pretends to be the other twin
is 18 years old or below even with
during marriage thus the party gets married to the wrong twin is
consent of the marriage or wrong. In the Bible when Jacob married the wrong sister is void
ab initio.
guardian.
Legal capacity is a requisite thus being under eighteen
6. Those subsequent marriages that
makes the marriage incomplete with one of the essential
requisites missing. are void under Article 53.
Article 53 Annulled party did not complete the
2. Those solemnized by any person requirements of Judicial Decree of nullity of marriage

before contracting subsequent marriage
not legally authorized to perform
Jurisprudence:
marriages unless such marriages People v. Edgardo Odtuhan – A marriage before
were contracted with either or both acquisition of a Judicial Decree remains to be bigamous.
parties believing in good faith that Amelia Garcia-Quiazon, et al. v Ma. Lourdes Belen –
a marriage may be attacked collaterally by interested
the solemnizing officer had the
parties.
legal authority to do so;
Castillo v Castillo – before the August 3, 1988 the
The good faith here pertains to mistake of fact and not
requirement of a judicial decree was based on the
ignorance of the law. The former is believing someone
governing jurisprudence at the time. Likewise, in this
who pretends to be a solemnizing officer as given in
case the jurisprudence did not need a judicial decree of
Article 7 of the Family Code, while the latter are those
nullity thus making the subsequent marriage valid.
not found in said article and pretends to be able to
solemnize the marriage.
Article 36. A marriage contracted by any
party who, at the time of the celebration,
3. Those solemnized without a
was psychologically incapacitated to
license, except those covered by
comply with the essential marital
the preceding Chapter;
These the following marriages allowed without marriage
obligation of the marriage, shall likewise
license: articulo mortis, far flung areas, in accordance to be void even if such incapacity becomes
the indigenous tradition or the Muslim culture, 5 years manifest only after its solemnization.
living together prior to marriage.
Jurisprudence:
Leouel Santos v. Court of Appeals -
4. Those bigamous or polygamous
Essential Requisites of Psychological Incapacity
marriages not falling Article 41; 1. Must be grave
Article 41 Presumption of Death 2. Must be existing at the time of marriage
3. Must be incurable
4. Must hinder the performance of Marital
Obligations.
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Republic v CA and Molina – the eight circles of Fourth Civil Degree is up to the cousin, however
psychological incapacity hell. Important to remember to ascendants are not included as they are barred for being
cite that jurisprudence of the Church becomes persuasive incestuous accordingly.
because of this doctrine. 2. Between step-parents and step-
children;
Te vs Te – Totality of evidence proves that there is
Step-brothers and step-sisters can marry (legal basis of
psychological incapacity and it affects Marital
porn sites)
obligations.
3. Between parents-in-law and
Republic v. Galang – The condition must be already children-in-law

present at the time of the marriage and the psychological Death does not extinguish the affinity (vda. Carungcong),
incapacity must hinder the performance of the marital thus even after death of child-spouse will still bar the
obligation. marriage.
JURISPRUDENCE:
Republic v Cesar Encelan – separation or abandonment Vda. De Carungcong v People – so bali if type mo ko
alone is not conclusive proof of psychological incapacity. tas namatay ka sa kagwapuhan ko mama ko parin mama
mo.
Kalaw v Fernandez – sexual infidelity or living an 4. Between adopting parent and
adulterous life does not automatically prove adopted child;
psychological incapacity.
The grandparent of the adopted child may marry the
child because it was not categorically stated as void.
Romero v Romero – the psychological incapacity must
5. Between surviving spouse of the
be serious to affect the marital obligation.
adopting parent and adopted child;
In adopting, only a single person shall be declared as the
Article 37. Marriages between the
adopter thus the spouse of the adopter is barred from
following are incestuous and void from the
marrying the child.
beginning, whether the relationship 6. Between surviving spouse of the
between the parties be legitimate or adopted child and the adopter;
illegitimate: The spouse of the adopted may not only marry the
1. Between ascendants and adopter.
descendants of any degree; and 7. Between an adopted child and a

2. Between brothers and sisters, legitimate child of the adopter;
whether of the full or half-blood. Adopted child and a legitimate child may be barred but
illegitimate children may possibly be allowed. This is
Article 38. The following marriages shall
because of assumption that illegitimate children is
be void from the beginning for reasons of commonly not within the same household as legitimate
public policy: children thus making them complete strangers.
1. Between collateral blood relatives, 8. Between the adopted children of
whether legitimate or illegitimate, the same adopter;
up to fourth civil degree; Fellow adopted of the adoptee are barred from marrying
each other.
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9. Between parties where one, with Article 41. A marriage contracted by any
intention to marry the other, killed person during the subsistence of a
that other person’s spouse or his previous marriage shall be null and void,
or her own spouse. unless before the celebration of the
If the intent for the killing was not established even subsequent marriage, the prior spouse
though a person might be jealous and does not have
had been absent for four consecutive
conclusive evidence for the purpose of remarriage, and
years and the spouse present had a well-
eventually they got married the marriage is still valid.
founded belief that the absent spouse was
Article 39. The action or defense for the already dead. In case of disappearance
declaration of absolute nullity of a where there is danger of death under
marriage shall not be prescribed. circumstances set forth in the provisions of

Only the husband and wife can file directly attacking the Article 391 of the Civil Code, an absence
marriage when either the husband or wife should die. of two years shall be sufficient
For Article 36 (Psychological Incapacity) before RA For the purpose of contracting a
8533 there is a prescriptive period of 10 years however it
subsequent marriage under the preceding
was removed accordingly.
paragraph, the spouse present must
Jurisprudence
institute a summary proceeding as
Fujiki v. Morinay - Ruled that the wife of the first
marriage has legal capacity to attack the latter marriage
provided for in this Code for the
for being bigamous, because there is no husband and declaration of presumptive death of the
wife in the first place because bigamous marriage is absentee, without prejudice to the effect of
voice ab initio.
reappearance of the absent spouse.
Well found belief is what it is crucial in the declaration
Article 40. The absolute nullity of a of presumptive dead; it depends on the circumstances of
previous marriage may be invoked for the case which must be from the result of sufficient,
proper, and honest inquiry of the present spouse in
purposes of remarriage on the basis solely
looking for the missing spouse.
of a final judgment declaring such
Jurisprudence:
previous marriage is void. Republic v. Jose Sarenogon Jr. –
Judicial declaration is necessary after the enactment of Essential requisites of presumptive death belief:
Family Code. Before, it was according to the ruling 1. Spouse is absent for four consecutive years, or
jurisprudence that would determine if declaration was two consecutive years in danger of death.
necessary prior to the marriage, thus, subsequent 2. Present spouse wishes to remarry
marriages without judicial declaration is bigamous. 3. Present spouse has a well-founded belief that
Jurisprudence: the absentee is dead
SSS v. Edna Azote – Judicial declaration is only for 4. That the present spouse filed a summary
proceeding of the declaration of presumptive
purposes of remarriage. In the case it was not the
death of the absentee.
situation as it was for the pension of the husband of
Essential requisites of well-founded belief:
Edna, thus making it invalid to ask for judicial
declaration.
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1. Present persons from whom the present spouse Jurisprudence:

made inquiries to friends, relatives, neighbors, Celerina Santos v. Ricardo Santos – annulment of
and family. decision was the action filed for Celerina to have the
2. Present evidence that present spouse reported declaration of presumptive death as void. Celerina did
to the media or police not disappear as Ricardo presented for the declaration of
3. Provide evidence that show that spouse is not presumptive death. Likewise, the action wouldn’t let the
only refusing to communicate but may be dead. effect of Article 43 come into fruition.
Republic v. Tampus – There must be sufficient

Art 43.The termination of the subsequent
evidence presented for the requisites of the “well-found
marriage referred to in the preceding
belief.”
Article shall produce the following effects:
Republic v Leveste – Complied with all the “well-found (1) The children of the subsequent
belief” doctrine however there must be evidence to proof marriage conceived prior to its
such claims. It was remanded to accept further the
termination shall be considered
evidence needed.
legitimate, and their custody and
support in case of dispute shall be
Article 42. The subsequent marriage
decided by the court in a proper
referred in the preceding Article shall be
proceedings
automatically terminated by the recording
(2) The absolute community of
of the affidavit of reappearance of the
property or the conjugal
absent spouse, unless a judgment
partnership, as the case may be,
annulling the previous marriage or
shall be dissolved and liquidated,
declaring it void ab initio.
but if either spouse contracted said
A sworn statement of the fact and
marriage in bad faith, his or her
circumstance of reappearance shall be
share of the net profits of the
recorded in the civil registry of the
community property or conjugal
residence of the parties to the subsequent
partnership property shall be
marriage at the instance of any interested
fortified in favor of the common
person, with due notice to the spouse of
children or, if there are none, the
the subsequent marriage and without
children of the guilty spouse by a
prejudice to the fact of reappearance
previous marriage or in default of
being judicially determined in case such
children, the innocent spouse;
fact is disputed.
Mere affidavit of reappearance to the civil registry as
(3) Donations by reason of marriage
well as to the residence of the subsequent marriage shall shall remain valid, except that if the
deem the subsequent marriage as void ab initio. done contracted the marriage in
However, this in turn will give effect to Article 43 of the
bad faith, such donations made to
Civil Code.
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said done are revoked by attaining the age of twenty-one,

operation of law; such party freely cohabited with
(4) The innocent spouse may revoked the other and both lived together
the designation of the other spouse as husband and wife;
who acted in bad faith as No consent is necessary to declare nullity. If the parents
gave consent, there is no ground for annulment of
beneficiary in any insurance policy,
marriage.
even if such designation be
2. That either part was of unsound
stipulated as irrevocable;
mind, unless such party after
(5) The spouse who contracted the
coming to reason, freely cohabit
subsequent marriage in bad fait
with the other as husband and
shall be disqualified to inherit from
wife;
the innocent spouse by testate and
Only the person with unsound mind can ratify the
intestate succession. marriage because upon the marriage the persons who
wants to get married consented already in marrying a
Article 44. If both spouses of the persons with an unsound mind unless the party had no
idea of the spouse’s condition. Likewise, to use it as a
subsequent marriage acted in bad faith,
ground of nullity the unsoundness of the mind should
said marriage shall be void ab initio and all incapacitate the party from performing the marital
donations by reason of marriage and obligations.
testamentary dispositions made by one in 3. That the consent of either party
favor of the other are revoked by operation was obtained by fraud, unless such
of law. party afterwards, with full
Bad faith is qualified here as both of the spouses in the knowledge of the facts constituting
subsequent marriage knows the whereabouts of the
the fraud, freely cohabited with the
missing-spouse.
other as husband and wife;
Please see Article 46 to distinguish what is fraud.
Article 45. A marriage may be annulled
4. That the consent either party was
for any of the following causes, existing at
obtained by force, intimidation or
the time of the marriage:
undue influence, unless the same
1. That the party in whose behalf it is
having disappeared or ceased,
sought to have a marriage
such party thereafter freely
annulled was eighteen years of
cohabited with other as husband
ager or over but below twenty-one,
and wife;
and the marriage was solemnized
Consent is an essential requisite thus without freely
without the consent of the parents, giving it there would be absence of such, likewise a
guardian or person having qualifier of freely given consent is established in Article
substitute parental authority over 2 of the Family Code.
the party, in that order, unless after
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5. That either part was physically is punished here is the concealment of such condition and
not the contraction of such condition.
incapable of consummating the
4. Concealment of drug addiction,
marriage with the other, and such
habitual alcoholism, or
incapability continues and appears
homosexuality or lesbianism
to be incurable;
Impotence gives the ground for nullity here and not
existing at the time of the marriage.
sterility. Impotence is the incapability of having sex Drug addiction is abuse of illegal substance. Habitual
because of physically incapacitating conditions while alcoholism is the constant succumbing of the person into
sterility talks about the incapability of fertilization. drinking alcohol whenever the opportunity arises.
Homosexuality or Lesbianism are not medical
6. That either part was afflicted with a
conditions. Likewise, the other gender groups has yet to
sexually transmissible disease
be decided on by the Supreme Court.
found to be serious and appears to No other misrepresentation or deceit
be incurable. as to character, health, rank, fortune or
STD here is serious and must be incurable as the qualifier
chastity shall constitute such fraud as
is shown.
will give grounds for action for the
Article 46. Any of the following
annulment of marriage
circumstances shall constitute fraud
Provisions are limited to these types of fraud
referred in Number 3 of the preceding
accordingly.
Article: Jurisprudence:
1. Non-disclosure of a previous Orlando Villanueva v. CA – Article 46 Paragraph 2,
conviction by final judgment of the concealment of pregnancy must be proved by the accuser
and having active sexual relations with woman is not
other party of a crime involving
conclusive evidence but works against the petitioner.
moral turpitude. Article 45 paragraph is also raised, however the court
Moral Turpitude crimes are those punished by the found the petitioner’s argument without merit because
Revised Penal Code generally. there were a lot of chances to escape the pressure he cites
2. Concealment by the wife of the that were pressed against him.
that at the time of the marriage,
she was pregnant by a man other Article 47. The action for annulment of
than her husband; marriage must be filed by the following

Only the wife can conceal a pregnancy. The husband persons and within the periods indicated
concealing of impregnation other than the wife shall not herein:
be ground of annulment.
(1) For causes in number 1 of Article
3. Concealment of sexually
45, by the party whose parents or
transmissible disease, regardless
guardians did not give his or her
of its nature, existing at the time of
consent, within five years after
the marriage;
attaining the age of 21; or by the
Contrary to Article 45 paragraph 6 STD here need not to
parent of guiardian or person
be serious or incurable to be subject of annulment. What
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having legal charge of the minor, at In the cases referred to in the preceding
any time before such party has paragraph, no judgment shall be based
reached the age of twenty-one; upon a stipulation of facts or confession of
(2) For causes mentioned in number 2 judgment.
of Article 45, by the sane spouse Stipulation of facts or confession of judgment is when
the parties do not object to one another and desires agrees
who had no knowledge of the
that what is being alleged is the truth. Using this premise
other’s insanity; or by any relative
as the sole basis of judgment is prohibited by the Civil
guardians or person having legal Code. There must be evidence to prove such collusion.
charge of the insane, at any time JURISPRUDENCE:
before the death of either party; or Sin v Sin – The Public Prosecutor may have filed his
comment of having no collusion there must be an active
by the insane spouse during a
participation of the prosecutor as a lawyer of the State in
lucid interval or after regaining favor of the Marriage.
sanity;
(3) For causes mentioned in number 3 Llave v. Republic – The fact of the public prosecutor
being inactive does not negate the proceedings the role of
of Article 45, by the injured party,
the public prosecutor is to find out if there is no collusion
within five years after the discovery
and the evidence are not fabricated.
of the fraud;
(4) For causes mentioned in number 4 Art 49. During the pendency of the action
of Article 45, by the injured party, and in the absence of adequate provisions
within five years from the time the in a written agreement between the
force, intimidation or undue spouses, the Court shall provide for the
influence disappeared or ceased; support of the spouses and the custody
(5) For cause mentioned in number 5, and support of their common children. The
and 5 of Article 45, by the injured Court shall give paramount consideration
party, within five years after the to the moral and material welfare of said
marriage. children and their choice of the parent with
whom they wish to remain as provided in
Art 48. In all cases of annulment or Title IX. It shall also provide for
declaration of absolute nullity of marriage, appropriate visitation rights for the other
the Court shall order the prosecuting parent.
attorney or fiscal assigned to it to appear The child may decide on his own where he wants to stay
on behalf of the State to take steps to upon reaching the age of 7 years-old.
prevent collusion between the parties and

Art. 50. The effects provided for in
to take care that evidence is not fabricated
paragraph (2), (3), (4), and (5) of Article 43
or suppressed.
and in Article 44 shall also apply in proper
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cases to marriages that are declared void agreement judicially approved, had
ab initio or annulled by final judgment already provided for such matters.
under Articles 40 and 45. The Children or their guardian, or the
The final judgment in such cases shall trustee of their property, may ask for the
provide for the liquidation, partition and enforcement of the judgment.
distribution of the properties of the spouse The delivery of the presumptive legitimes
the custody and support of the common herein prescribed shall in no way prejudice
children, and the delivery of their the ultimate successional rights of the
presumptive legitimes, unless such matter children accruing upon the death of either
had been adjudicated in previous judicial or both of the parents; but the value of the
proceedings. properties already received under the
All creditors of the spouses as well as of decree of annulment of absolute nullity
the absolute community or the conjugal shall be considered.
partnership shall be notified of the Paragraph 1 requires the computation of the property
entitled to the children at the time of the separation of
proceedings for liquidation.
their parents and shall be given to the children.
In the partition, the conjugal dwelling and
Paragraph 2 the children or their guardian may ask the
the lot on which it is situated, shall be court to deliver such entitlements from the property of
adjudicated in accordance with the the parents.
provisions of article 102 and 129. Paragraph 3 children may not be disinherited because of
receive legitimes it can only be considered.
Article 50 paragraph 1 discusses the effects of Annulled
JURISPRUDENCE:
marriages. The effect would be similar to that of
Valdez v RTC – Void marriages because of
reappearance of a presumptively dead spouse instead of
psychological incapacity is not covered by Article 50.
the having legitimate children which (1) of Article 43.
The second paragraph then talks about that there should
Carino v Carino – Article 50 is not applicable for both
be a separation of properties and the custody of the kids
cases as for Susan Nicdao what is applicable is Article 35
shall be part of the final judgment.
(3) and for Susan Yee it is Article 35 (4).
The third paragraph would notify the creditors of the
conjugal partnership/ absolute community.
Republic v Olaybar – The court granted to struck down
The last paragraph provides the law and manner of the
the name of Linda Olaybar as wife thus the Korean
partition of the conjugal dwelling.
national is forever married to no one. YEAP THIS
FUCKING HAPPENED
Art 51. In said partition, the value of the
presumptive legitimes of all common
Art 52. The judgment of annulment or of
children, computed as of the date of the
absolute nullity of the marriage, the
final judgment of the trial court, shall be
partition and distribution of the properties
delivered in cash, property or sound
of the spouses and the delivery of the
securities, unless the parties, by mutual
children’s presumptive legitimes shall be
recorded in the appropriate civil registry
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and registries of property; otherwise, the Compelling through force or moral pressure to change
religion and/or political affiliation gives ground for legal
same shall not affect third persons.
separation for the offended part.
The LCR shall track the partition and distribution as well
as the legitimes of the children.
3. Attempt of respondent to corrupt or
induce the petitioner, a common
Art 53. Either of the former spouses may child, or a child of the petitioner, to
marry again after complying with the engage in prostitution, or
requirements of the immediately preceding connivance in such corruption or
Article; otherwise, the subsequent inducement;
marriage shall be null and void. A child of the respondent but not of the respondent does
After the registration upon the LCR they are capacitated to not give ground for legal separation however what may
remarry when they get the Judicial decree. be assailed is the parental authority of the respondet.
4. Final judgment sentencing the
Art 54. Children conceived or born before respondent to imprisonment of
the judgment of annulment or absolute more than six years, even if
nullity of the marriage under Article 36 pardoned;
(psychological incapacity) has become 5. Drug addiction or habitual
final and executor shall be considered alcoholism of the respondent;
legitimate. Children conceived or born of Provided for those who were not alcoholics or drug
the subsequent marriage under Article 53 abuser during the time of marriage may still subject for
shall likewise be legitimate. legal separation or so desired by the filing-party to

maintain marriage ties, however separating residence for
When one marries after and have children again they
protection.
shall also be considered legitimate.
6. Lesbianism or homosexuality of
LEGAL SEPARATION the respondent;
Article 55. A petition for legal separation Giving the option for person against fraud be filed even
after prescriptive period even though there is a lesser
may be filed on any of the following
effect.
grounds
7. Contracting by the respondent of a
1. Repeated physical violence or
subsequent bigamous marriage,
grossly abusive conduct directed
whether in the Philippines or
against the petitioner, a common
abroad;
child, or a child of the petitioner;
8. Sexual infidelity or perversion;
Anti-Violence against Women and Children Act that is
Infidelity is cheating while perversion is extreme fetish
considered as violence towards women
like bestiality.
2. Physical violence or moral
9. Attempt by the respondent against
pressure to compel the petitioner
the life of the petitioner;
to change religious or political OBVIOUSLY!
affiliation;
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10. Abandonment of petitioner by Art 58. An action for legal separation shall
respondent without justifiable in no case be tried before six months shall
cause for more than a year. have elapsed since filing of the petition.
Justifiable may not be a judicial order legitimizing such Well the courts wants you guys to settle the difference
action taking. yeap Art 1 all over again.
For purpose of this Article, the term “child”
shall include a child by nature or by Art 59. No legal separation may be
adoption. decreed unless the Court has taken steps

towards the reconciliation of the spouses
Art 56. The petition for legal separation and is fully satisfied, despite such effort,
shall be denied on any of the following that reconciliation is highly improbable.

The court and the law itself wants for the couple to
grounds:
continue living as a couple as the Family is inviolable
(1) When the aggrieved party has
and permanent in nature.
condoned the offense or act
complained of; Art 60. No decree of legal separation shall
(2) Where the aggrieved party has be based upon a stipulation of facts or a
consented to the commission of confession of judgment.
the offense or the act complained In any case, the Court shall order the
of; prosecuting attorney or fiscal assigned to
(3) Where there is connivance it take steps to prevent collusion between
between the parties in the the parties and to take care of the
commission of the offense or act evidence is not fabricated or suppressed.
constituting the legal ground for Paragraph 1 discusses that no decree of legal separation
legal separation; can be decided based only of parties agreeing of doing

something without presentation of evidence. Likewise, th
(4) Where both parties have given
second paragraph like in cases of annullable marriage the
ground for legal separation; prosecutor should check the validity and admissibility of
(5) Where there is collusion between all evidence.
the parties to obtain the decree of
legal separation; or Art 61. After the filing of the petition for
(6) Where the action is barred by legal separation, the spouses shall be
prescription entitled to live separately from each other.

Upon filing thus they live separately immediately even
during the 6 month probationary period.
Art 57. An action for legal separation shall
The court, in the absence of a written
be filed within five years from the time of
agreement between the spouses, shall
the occurrence of the cause
designate either of them or a third person
Self explanatory yea.
to administer the absolute community or
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conjugal partnership property. The 3) The custody of the minor children

administrator appointed by the court shall shall be awarded to the innocent
have the same powers and duties as spouse, subject to the provision of
those of a guardian under the Rules of Article 213 of this Code; and
Court. 4) The offending spouse shall be
JURISPRUDENCE: disqualified from inheriting from the
Gandianco v Penaranda – The court may hear the legal
innocent spouse by intestate
separation and grant it event if there is an ongoing
succession. Moreover, provisions
criminal case likewise the court can also order the
petitioner to give support to his wife and children. in favor of the offending spouse in
the will of the innocent spouse
Sabalones v CA – The court barred the husband from shall be revoked by operation of
harassing his wife by threatening the property where they
law.
get the support for their day to day affairs.
Summary of effects 1. Live separately 2. ACP and CP
profits to the good spouse, 3. Custody to the good
Article 62. During the pendency of the
spouse, 4. Inheritance of bad spouse from good spouse is
action for legal separation, the provisions barred from the law.
of Article 49 shall likewise apply to the Art 64. After the finality of the decree of
support of the spouses and the custody legal separation, the innocent spouse may
and support of the common children. revoke the donation made by him or by
her in favour of the offending spouse, as
Macadangdang v CA – The decision of the court to well as the designation of the latter as a
account the properties is final and appealable.
beneficiary in any insurance policy, even if
designation be stipulated as irrevocable.
Art 63. The decree of legal separation
The revocation of the donations shall be
shall have the following effects
recorded in the registries of property in the
1) The spouse shall be entitled to live
places where the properties are located.
separately from each other, but the
Alienations, liens and encumbrances
marriage shall not be severed;
registered in good faith before the
2) The absolute community or the
recording of the complaint for revocation in
conjugal partnership shall be
the registries of property shall be
dissolved and liquidated but the
respected. The revocation of or change in
offending spouse shall have no
the designation of the insurance
right to any share of the net profits
beneficiary shall take effect upon written
earned by the absolute community
notification thereof to the insured.
or the conjugal partnership, which
The action to revoke the donation under
shall be forfeited in accordance
this Article must be brought within five
with provision of Aritcle 43 (2);
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years from the time the decree of legal would be prejudicial to the innocent spouse that’s why
the court made it upon discernment of the couple of their
separation has become final.
agreement for the properties.
This is not automatic, one should take steps to make this
happen. The revocation of the donations and the removal
from the insurance beneficiary requires active steps. A
Art 67. The agreement to revive the
written notification is the action that is required by law former property regime referred in the
and must be done within 5 years from the decree of legal preceding article shall be executed under
separation.
oath and shall specify:
1. The properties to be contributed
Art 65. If the spouses should reconcile, a
anew to the restored regime;
corresponding joint manifestation under
2. Those to be retained as separate
oath duly signed by them shall be filed
properties of each spouse;
with the court in the same proceeding for
3. The names of all their known
legal separation
creditors, their addresses and the
The law deliberately made it easier for families to mend
than to separate as part of Article 1 recognition of the amounts owing to each.
importance of the family. The agreement of revival and the motion
for its approval shall be filled with the court
Art 66. The reconciliation referred to in in the same proceeding for legal
the preceding articles shall have the separation, with copies of both furnished
following consequences: to the creditors named therein. After due
1) The legal separation proceedings, hearing, the court shall, in its order, take
if still pending, shall thereby be measures to protect the interest of the
terminated in whatever stage; and creditors and such order shall be recorded
2) The final decree of legal separation in the proper registries of property.
shall be set aside, but the The recording of the order in the registries
separation of property and any of property shall not prejudice any creditor
forfeiture of the share of the guilty not listed or not notified, unless the debtor-
spouse already affected shall spouse has sufficient separate properties
subsist, unless the spouses agree to satisfy creditor’s claim.
to revive their former property The properties that shall be part of the property regime of
regime. the couple, the separate properties and lastly the creditors
The court’s order containing the foregoing of the couple. Aside from what is needed to be specified
the first paragraph talks about the procedurial aspect on
shall be recorded in the proper civil
where to file which is the court that granted the legal
registries. separation. Creditors needs to be protected as they will be
Both 1 and 2 refers to the legal status of the legal prejudiced as the former owners of the properties shall
separation. 1 is the procedurial while 2 is the property become both of the spouses barring from getting what is
relations. The immediacy to return the property regime due to him.
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RIGHTS AND MARITAL OBLIGATIONS separate properties. In case of

BETWEEN HUSBAND AND WIFE insufficiency or absence of said income or
fruits, such obligations shall be satisfied
Art 68. The husband and wife are obliged from their separate properties.
to live together, observe mutual love, There exist a hierarchy where to get the support. First the
absolute community of the couple, then the fruits of the
respect and fidelity, and render mutual
separate properties, and last the separate properties
help and support.
themselves.
This is the guiding principle of the subsequent articles.
JURISPRUDENCE
Art 71. The management of the household
Lacson v Lacson – The agreement between the couple is
valid. There is virtue in making the process of separation
shall be the right and duty of both
difficult. spouses. The expenses for such
management shall be paid in accordance
Arroyo v Arroyo – The Court can not cite for contempt
with the provisions of Article 70.
a person who refused to do her marital obligation and
yeap both spouses need to make ambag. The
return back to family domicile.
hierarchy of sources of Family income applies.
Lilius v Manila Railroad Company – One must prove

Art 72. When one of the spouses neglects
with evidence that there is loss with the conjugal
community when the wife capacity to work was affected. his or her duties to the conjugal union or
Art 69. The husband and wife shall fix the commits acts which tend to bring danger,
family domicile. In case of disagreement, dishonor or injury to the other or to the
the court shall decide. family, the aggrieved party may apply to
The court may exempt one spouse from the court for relief.
living with the other if the latter should live Court may order the offender spouse to with a writ of
Mandamus or Writ of injunction file. (don’t quoted
abroad or there are other valid and
haven’t really learned it)
compelling reason for the exemption.
Art 73. Either spouse may exercise any
However, such exemptions shall not apply
legitimate profession, occupation,
in the same is not compatible with the
business or activity without the consent of
solidarity of the family.
the other. The latter may object only on
Domicile is the place the couple intends to return as
valid, serious, and moral grounds.
discussed by in electoral law.
In case of disagreement, the court shall
Art 70. The spouses are jointly decide whether or not:
responsible for the support of the family. 1. The objection is proper, and
The expenses for such support and other 2. Benefits has accrued to the family
conjugal obligations shall be paid from the prior to the objection or thereafter.
community property and, in the absence If the benefits accrued prior to the
thereof, from the income or fruits of their objection, the resulting obligation
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shall be enforced against the

community property. If the benefit
accrued thereafter, such
obligations shall be enforced
against the separate property of
the spouse who has not obtained
consent.
The foregoing provisions shall not
prejudice the rights of creditors who acted
in good faith.
Requisites of a objection against the profession
1. Valid
2. Serious
3. Against moral grounds
If nakinabang ang pamilya bago yun objection sa
absolute community, kung pagkatapos ng objection
kukunin ito sa separate property.
Alaga ng korte yun nagpapautang kanina pa talaga.
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THE ANO? THE PERSONS AND FAMILY RELATIONS REVIEWER (MT) W.R.

The Civil Code of the Philippines JURISPRUDENCE:

provided. not do something.

interpretation and application of laws, it is

contracts, wills, and other public

before the diplomatic or consular officials same.

of the Republic of the Philippines in a

established by Philippine laws shall be or injury to another in a manner that is

observed in their execution. contrary to morals, good customs or public

acts or property, and those which have for damage.

of something at the expense of the latter

Art 24. In all contractual, property or other condition.

Art 28. Unfair competition in agricultural,

may be instituted. Such action requires omission complained of as a felony, such

only a preponderance of evidence. Upon civil action may proceed independently of

for damages in case the complaint should

If in a criminal case the judgment of any private individual, who directly or

acquittal is based upon reasonable doubt, indirectly obstructs, defeats, violates, or in

omission constitutes a violation of the

Art 46. Juridical persons may acquire and

3, 1988 who married someone from a competitor of the company,

permanent union between a man and a of the company.

whose nature, consequences, and

Art 4. The absence of any of the essential Vitangcol is criminally liable.

or formal requisites shall render the

Art 7. Marriage may be solemnized by:

judiciary within the court’s publicly in the chambers of the judge or in

jurisdiction. open court, in the church, chapel or

authorized by his church or may be, and not elsewhere, except in

the civil registrar general, acting of death or in remote places in accordance

parties belong to the solemnizing solemnized at a house or place

officer’s church or religious sect; designated by them in a sworn statement

Art 9. A marriage license shall be issued 3. Age and date of birth

Art 12. LCR will require Birth Certificate, if

Art 13. If previously married instead of a issuance of a marriage license can be

NON-VERBATIM: quadruplicate copy of the marriage

shall likewise have capacity to remarry their marriage.

under Philippine law.

marriage. state under oath that he ascertained the

persons within the zone of military

Void marriages Ab Initio: 5. Those contracted through mistake

2. Those solemnized by any person requirements of Judicial Decree of nullity of marriage

Republic v. Galang – The condition must be already children-in-law

descendants of any degree; and 7. Between an adopted child and a

declaration of absolute nullity of a where there is danger of death under

marriage shall not be prescribed. circumstances set forth in the provisions of

1. Present persons from whom the present spouse Jurisprudence:

Republic v. Tampus – There must be sufficient

said done are revoked by attaining the age of twenty-one,

the party, in that order, unless after

than her husband; marriage must be filed by the following

prevent collusion between the parties and

shall likewise be legitimate. legal separation or so desired by the filing-party to

adoption. decreed unless the Court has taken steps

shall be denied on any of the following that reconciliation is highly improbable.

legal separation; can be decided based only of parties agreeing of doing

prescription entitled to live separately from each other.

conjugal partnership property. The 3) The custody of the minor children

RIGHTS AND MARITAL OBLIGATIONS separate properties. In case of

Lilius v Manila Railroad Company – One must prove

shall be enforced against the

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