Ma - Persons Page1
Ma - Persons Page1
The exception refers to the 15-day period only and not the requirement of publication.
Publication is indispensable, absence of which will not render the law effective (Taada vs.
Tuvera GR No. L-63915, December 29, 1986)
Rules on Period Provided by Statute
1. Shorter/longer period than the 15-day - such period as provided in the statute shall prevail.
2. Takes effect immediately - it shall take effect immediately after publication with the 15-day
period being dispensed with (Taada vs. Tuvera G.R. No. L-63915, December 29, 1986).
3. No provision as to its effectivity - it takes effect 15 days following its publication.
Coverage (PLAC3E)
1. Presidential Decrees
2. Laws which refer to all statutes, including local and private laws
3. Administrative Rules and Regulations where purpose is to enforce/implement existing law
pursuant to a valid delegation
4. Charter of a City
EXECUTIVE COMMITTEE:
MANOLO ADEL SANTOS overall chairperson, KRISTINE ANNABELLEE HIPOS chairperson for academics, MINISTER
MOISES DU chairperson for hotel operations, EZEKIEL JOSHUA VILLENA vice-chairperson for operations, RYAN
DARYL PINEDA vice-chairperson for secretariat, DJOANIVIE JOMARE JUNASA vice-chairperson for finance, MARIE
MICAELA STA. ANA vice-chairperson for edp, DIOXENOS SULIT vice-chairperson for logistics
SUBJECT COMMITTEE:
CATHERINE FLORES subject chair, CAMHELLA SANDOVAL assistant subject chair, JEZREEL CARIDAD TAGUBA
edp, NOEL BURTON persons and family relations, AYLA HERAZADE SALENDAB property, KRISTINE PAULA CHU
and RIO ROSE SANTOS wills and succession, CHERRYLYN NAVARRA and RAMIILA QUINTO obligations and
contracts, THOMAS ANGELO SANTOS sales and lease, SOHAIRA DIMNATANG partnership, agency and trust,
LEANA MAE BLASCO credit transactions, CELESTINO VIERNES, JR. torts and damages, GENEVIEVE SEVIDAL land
titles and deeds, JOHN SAGABAEN conflict of laws
MEMBERS:
Alfredo Francisco Brettana, Alysse Adao, Angela Paminter, Angela Punzalan, Anthony Villamor, Arjay Manauis,
Arjel De Guzman, Avril Gamboa, Benjamin Estolas, Beverly Quintos, Cadilyn Bedol, Carissa Eano, Cecille
Benitez, Cerizar Torio, Charlotte Lyza Sayson, Chino Ramos, Christian Joy Ocampo, Cindy Villareal, Crystal Faith
De Torres, David Evelio Valencia, Denise Concepcion, Don Calugay, Donna Frances Ylade, Dorothy Kate
Punzalan, Emmanuel Jefferson Santiago, Erwin Legazpi, Eva Banzon, Farrah Mala, Felwin Rau Eltanal, Fernando
Tullao, Flocerfina Lloren, Garizaldy Anteola, Gideon Pea, Grace Del Rosario, Harold Talledo, Hera Aiza Barona,
Irene Lipat, Irir Fatima Cero, Irwin Pea, Isabel Suzara Zulueta, Jamella Anne Marie Joya, Jay Nieva, Jenno
Antonio Villanueva, Jerico Galvez, Jerzy Torres, Jhony Martin Alba, Joanna Marie Paguio, John Carlo Gil Sadian,
Karen Kaye Go, Karlo Dialogo, Katrina Daniela Chavez, Kelvin Brian Pe, Laurie Pe, Lendell Lota, Lorene Pe, Ma.
Buenafe Carandang, Ma. Elena Saludes, Ma. Louise Aviso, Mabelle Palay, Mae Lane Ong, Marife Andal, Mary
Eileen Ang, Mary Jane Perez, Naomi Abrejera, Narseen Love Joy Balajadia, Neo Valerio, Nino Martin Cruz, Norly
Villanueva, Paola Rodriguez, Patrick Maglinao, Peter Glen Vinluan, Peter Labuguen, Peter Vinluan, Pia Callueng,
Ralph Paguia, Ramona Diozo, Raymond Romano, Reinalee Susan Calvez, Roju Santino Ilagan, Ronald Ryan
Suarez, Simon Simon, Stacy Cunanan, Trixy Comia, Uelah Cangco, Vanessa Guinto, Vanessa Jacob, Victoria
Panganiban, Walter Fernandez, Wendy Lynne Hernandez- Magallanes, Zenaida Razon
5. Circulars issued by the Monetary Board where purpose is not merely to interpret but to fill in the
details of the Central Bank Act
6. Circulars and Regulations which prescribe a penalty for its violation (People vs. Que Po Lay, G.R.
No. L-6791, March 29, 1954)
7. Executive Orders (Taada vs. Tuvera G.R. No. L-63915, December 29, 1986).
Publication not Required (I L)
1. Interpretative regulations and those internal in nature, regulating only the personnel of the
administrative agency.
2. Letters of Instructions issued by administrative superiors on rules/guidelines to be followed by
subordinates in the performance of their duties (Taada vs. Tuvera, ibid).
Note: Date of effectivity of Municipal Ordinances is NOT covered by this rule but by the Local
Government Code. (Taada vs. Tuvera, supra).
IGNORANCE OF THE LAW EXCUSES
NO ONE (Art. 3)
Conclusive Presumption every person is presumed to know the law even if they have no actual
knowledge of the law.
Note: Mistakes in the application or interpretation of difficult or doubtful provisions of law may be the
basis of good faith and has been given the same effect as a mistake of fact, which may excuse one
from the legal consequences of his conduct (Art. 526, 2155, NCC).
The law makes the act valid but punishes the violator (ex. Marriage solemnized by a person
without legal authority)
2.
The law itself authorizes its validity (ex. Lotto, sweepstakes)
3.
The law makes the act only voidable (ex. Voidable contracts where consent is vitiated)
4.
The law declares the nullity of an act but recognizes its effects as legally existing (ex. Child
born before annulment of marriage is considered legitimate)
Waiver is contrary to law, public order, public policy, morals or good customs;
If the waiver is prejudicial to a third party with a right recognized by law.
Alleged rights which really do not yet exist, as in the case of future inheritance
If the right is a natural right, such as right to be supported.
No publication required, binding on parties after the lapse of appeal period, and will bind all future
cases with identical facts, until reversed by SC.
They are part of the law as of the date of the enactment of said law because the Supreme Courts
interpretation merely establishes the contemporaneous legislative intent that the construed law
purports to carry into effect (People v. Licera G.R. No. L-39990, July 2, 1975).
HOWEVER, when a doctrine is overruled and a different view is adopted, the new doctrine should be
applied prospectively and should not prejudice parties who relied on the old doctrine (People v.
Jabinal G.R. No. L-30061, February 27, 1974).
CUSTOMS (Arts. 11 and12)
Rules of conduct formed by repetition of acts uniformly observed as a social rule. They are legally
binding and obligatory.
General Rule: Customs must be proved as a fact according to the rules of evidence.
Exception: A court may take judicial notice of a custom if there is already a decision rendered by the
same court recognizing the custom.
Requisites to Make a Custom an Obligatory Rule: (P2TO)
1.
2.
3.
4.
1.
2.
3.
4.
5.
6.
Exception:
Exceptions:
Exceptions:
(CIAO)
1.
2.
Capacity to succeed
Intrinsic validity of the will
Amount of successional
rights
Order of succession
Nationality Rule
Basis for determining personal law of an individual is his Basis for determining
DOMICILE
CITIZENSHIP
personal
law
is
his
5. Renvoi Doctrine: Occurs when a citizen of another country dies as a domiciliary of another
country. Where the conflict rules of the forum refer to a foreign law, and the latter refers it back to
the internal law, the law of the forum shall apply.
Transmission Theory: If the foreign law refers it to a third country, the said countrys law shall
govern.
6. Doctrine of Processual Presumption
The foreign law, whenever applicable, should be proved by the proponent thereof; otherwise,
such law shall be presumed to be exactly the same as the law of the forum.
Rule on Prohibitive Laws
General Rule: Prohibitive laws concerning persons, their acts or property, and laws which have for
their object public order, public policy or good customs are NOT rendered ineffective by laws, or
judgments promulgated or by determinations or conventions agreed upon in foreign country. ( Art.
17(3))
HUMAN RELATIONS
ABUSE OF RIGHT (Art. 19)
Elements: (LEP)
1. Existence of a legal right or duty;
2. Which is exercised in bad faith;
3. For the sole intent of prejudicing or injuring another.
Doctine of Violenti Non Fit Injuria (to which a person assents is not esteemed in law as injury)
refers to self-inflicted injuries or to the consent to injury which precludes the recovery of damages by
one who has knowingly and voluntarily exposed himself to danger, even if he is not negligent in doing
so (Nikko Hotel Manila Garden, et all vs. Roberto Reyes (Amay Bisaya) G.R. No. 154259, Feb. 28,
2005).
Damnum Absque Injuria (damage without injury) A person who exercises his legal right does no
injury. HOWEVER, it cannot be said that a person exercises a right when he unnecessarily prejudices
another or offends morals or good customs.
When damages result from a persons exercise of rights, it is damnum absque injuria (ABS-CBN
v. Republic Broadcasting Corp. G.R. No. 128690, January 21, 1999).
Elements: (L-C-I)
1.
2.
3.
Articles 19, 20 and 21 are related to one another and under these articles, an act which causes injury
to another may be made the basis for an award of damages (Albenson Enterprises Corp. v. CA, G.R.
No. 88694, January 11, 1993).
Articles 19 and 21 refer to INTENTIONAL acts while Article 20 pertains either to WILLFUL or
NEGLIGENT acts, which must be contrary to law. (Ibid.)
PRINCIPLE OF UNJUST ENRICHMENT
(Art. 22)
It is not necessary that the payment be made by Payment was made by mistake is an essential
mistake, payment could have been made knowingly element to maintain the action for recovery.
and voluntarily but nevertheless, there would be
recovery of what has been paid
Requisites: (JELA)
1. Defendant has been enriched;
2. Enrichment is without just or legal ground;
3. Plaintiff has suffered a loss; and
4. He has no other action based on contract, quasicontract, crime or quasidelict.
Note: For a more comprehensive discussion of Articles 19-35, please see discussion thereof under
Torts.
Note: The Civil Code has SUPPLETORY application in matters governed by special laws.
CIVIL PERSONALITY
Aptitude of being the subject, active or passive, of rights and obligations.
Juridical Capacity and Capacity to Act
Juridical Capacity
Fitness to be the subject of legal relations (Art. 37)
Capacity To Act
Power to do act with legal effects (Art. 37)
Passive
Active
Inherent
Merely acquired
Restrictions on Capacity to Act do not exempt the incapacitated person from certain obligations as
when the latter arise from his acts or from property relations such as easements (Art. 38): (MID-PC)
1.
2.
3.
4.
5.
Minority
Insanity or imbecility
State of being deaf mute
Prodigality
Civil interdiction
Family Relations;
Insanity;
Imbecility;
Insolvency;
Trusteeship;
Penalty;
Prodigality;
Age;
Alienage;
Absence; and
State of being deaf-mute.
Note: The consequences of the restrictions and modifications in a persons capacity to act are
provided by the Civil Code, other codes, special laws, and the Rules of Court.
NATURAL PERSONS
Beginning of Personality
General Rule: Birth determines personality (actual personality) (Art. 40).
Exception: The law considers the conceived child as born for all purposes favorable to it if born alive.
Therefore, the child has a presumed personality, which has two characteristics:
2.
Whoever alleges the death of one prior to the other, shall prove the same
In the absence of proof, the presumption is that the parties died at the same time and there
shall be no transmission of rights from one another (Art. 43)
Note: Art. 43 apply when the parties are called to succeed each other or are heirs to one another. But
if the parties are not called to succeed each other, Rule 131, Sec. 3 (jj) of the Rules of Court applies.
Both are to be applied only in the absence of facts.
The legitimacy or illegitimacy of a child attaches upon his/ her conception (Continental Steel
Manufacturing Corp. v. Hon. Accredited Voluntary Arbitrator, et al., G.R. No. 182836, October 13,
2009).
JURIDICAL PERSONS
The following are juridical persons:
1. State and its political subdivisions
2. Corporations, institutions and entities for public purpose or interest
3. Corporations, partnership and associations for private interest or purpose to which the law grants
a juridical personality, separate and distinct from that of each shareholder, partner or member
(Art. 44)
Creation:
1. For (1) and (2), by the laws creating or recognizing them; government corporations are created by
their special charters passed by the legislature
2. Private corporations are governed by BP 68; and
3. Partnerships and associations for private interest or purpose are governed by the provisions of
this Code concerning partnerships.
Note: The estate of a deceased should be considered an artificial or juridical person for the purposes
of the settlement and distribution of his estate which include the exercise during the judicial
administration thereof of his rights and the fulfillment of obligations which survived after his death
(Limjoco vs. Intestate Estate of Pedro Fragrante, No. L770 April 27, 1948).
Cessation of Civil Personality
The effect of death upon the rights and obligations of the deceased is determined by law,
contract, and by will because some rights and obligations survive the death of a person
2. If juridical persons: by termination of existence
Dissolution of private corporations is governed by Title IV of the Corporation Code
Dissolution of corporations for public interest or purposes is governed by the provisions of
their respective charters and in its absence by the Corporation Code
FAMILY CODE
The Family Code of the Philippines took effect on August 3, 1988.
MARRIAGE
A special contract of permanent union between a man and a woman entered into in accordance with
law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable
social institution whose nature, consequences and incidents are governed by law and not subject to
stipulation (Art. 1).
Although a marriage contract is considered a primary evidence of marriage, its absence is not
always proof that no marriage took place. Testimony of one of the parties to the marriage,
witnesses or solemnizing officer is admissible to prove the fact of marriage. (Balogbog v. CA,
G.R. No. 83598, March 7, 1997).
Once the presumption of marriage arises, other evidence may be presented in support thereof.
The evidence need not necessarily or directly establish the marriage but must at least be enough
to strengthen the presumption of marriage. Every intendment of law leans toward legitimizing
marriage (Delgado vda de De la Rosa v. Heirs of Marciana vda de Damian, GR No 155733,
January 27, 2006)
Ordinary Contract
Special contract
Merely a contract
Social institution
Merely a contract
Permanent Union
Breach of obligations of husband and wife does not
give rise to an action for damages. The law provides
penal and civil sanctions such as prosecution for
adultery or concubinage and proceedings for legal
separation.
Can be dissolved only by death or annulment, not by
mutual agreement
11
1.
Legal capacity of the contracting parties, who must be a male and a female
a. Eighteen years old or above
b. Not under any impediment mentioned in Arts. 37 and 38 (Art. 5)
2.
Consent freely given in the presence of a solemnizing officer (Art. 2)
No particular form required
Capable of intelligently understanding the nature and consequences of the act
Formal Requisites of Marriage: (ALM)
1.
2.
3.
ABSENCE of essential or formal requisites: The marriage is VOID AB INITIO (ex: expired
marriage license, marriage by way of jest)
Exception: Marriage is valid where either or both parties believed in good faith that the
solemnizing officer had legal authority to do so when he had none at the time of the solemnization
of the marriage (Art. 35(2))
2.
DEFECT in any of the essential requisites: The marriage is VOIDABLE (ex: consent obtained
through force and intimidation)
3.
IRREGULARITY in any of the formal requisites: Does NOT affect the validity of the marriage
BUT will hold the party responsible for such irregularity civilly, criminally and administratively liable
Exception: Marriage is VOIDABLE where contracting party 18 years old or over but below 21
without the consent of the parents
Exception: In cases of marriage in articulo mortis, in remote places, and between a man and a
woman living together as husband and wife for at least 5 years without legal impediment to marry
each other
Solemnizing officer must take steps to ascertain the ages, relationship, and qualifications of
contracting parties (Art. 29)
Automatically canceled at the expiration of the period if contracting parties have not made use
of it (Art. 20)
The requirement that the parties or one of them must reside in the place of the issuance of
the license is a mere formal requirement. If there is no compliance with the same, the defect is a
mere infirmity that does not affect the validity of the marriage (Ty vs. Court of Appeals, 2003).
When either or both parties are foreign citizens, they must first submit a CERTIFICATE OF
LEGAL CAPACITY TO MARRY issued by their diplomatic/consular officials before marriage
license can be obtained (Art. 21)
Exception: Marriage of both foreign citizens will be solemnized by their countrys consul-general
assigned in the Philippines, if their countrys law allows the same
Stateless persons/refugees from other countries shall submit an affidavit stating circumstances to
show capacity to contract marriage before a marriage license can be obtained (Art. 21)
Marriages Exempt from License Requirement (MOLAR) (Art.27)
1.
13
a. The man and woman must have been living together as husband and wife for at least five
years before the marriage;
b. The parties must have no legal impediment to marry each other;
c. The fact of absence of legal impediment between the parties must be present at the time
of marriage;
d. The parties must execute an affidavit stating that they have lived together for at least five
years (and are without legal impediment to marry each other); and
e. The solemnizing officer must execute a sworn statement that he had ascertained the
qualifications of the parties and that he had found no legal impediment to their marriage
(Manzano v. Sanchez G.R. No. MTJ001329, March 08, 2001)
The 5year period should be computed on the basis of cohabitation as husband and wife
where the only missing factor is the marriage contract to validate the union (ex: if both
cohabited at the age of 17, counting starts when parties reach 18 years)
This 5year period should be the years immediately before the day of the marriage and it
should be a period of cohabitation characterized by EXCLUSIVITY meaning no legal
impediment was present at any time within the 5 years and CONTINUITY that is unbroken
(Republic v. Dayot, G.R. No. 175581,March 8, 2008)
4.
5.
In articulo mortis
Remains valid even if ailing party subsequently survives (Art. 27)
In remote places
Residence of either party is so located that there is no means of transportation to enable them
to personally appear before the local civil registrar (Art. 28)
Marriage Ceremony
There is no particular form prescribed by the Family Code.
The absence of two witnesses of legal age is merely an irregularity but the party responsible for the
irregularity shall be civilly, criminally, and administratively liable.
Marriages by proxy
1. If it was solemnized in the Philippines, the marriage is VOID because physical appearance is
required under Art. 6.
2. If performed abroad, whether between Filipinos or foreigners or mixed, the controlling article is
Art. 26 of the Family Code.
Authorized Venues of Marriage (Art. 8)
General Rule: Must be solemnized publicly, and not elsewhere, in the:
1.
2.
3.
Exceptions:
1.
2.
3.
Note: This provision is only directory and the requirement that the marriage be solemnized in a
particular or a public place is not an essential requisite.
In case a Filipino contracts a foreign marriage which is null and void in the place where it was
solemnized, the same shall also be null and void in the Philippines even if such was valid if
celebrated under Philippine laws
If both are foreigners, lex loci celebrationis applies
Exceptions: Foreign marriages shall not be recognized in the Philippines if: (B2MA-PIP)
1.
2.
3.
4.
15
Gravity must be grave/serious such that the party would be incapable of carrying out the
ordinary duties required in a marriage;
2.
Juridical Antecedence Must be rooted in the history of the party antedating the marriage,
although the overt manifestations may emerge only after the marriage; and
3.
Incurability Must be incurable or, even if it were otherwise, the cure would be beyond the
means of the party involved. (Santos vs. CA, G.R. No. 112019, January 4, 1995)
May involve a senseless, protracted and constant refusal to comply with the essential marital
obligations by one or both of the spouses although he, she or they are physically capable of
performing such obligations (Chi Ming Tsoi v. CA, G.R. No. 119190, Jan. 16, 1997)
A person who is unable to distinguish between fantasy and reality would be unable to comprehend the
legal nature of the marital bond much less its psychic meaning and the obligations attached to the
marriage, including parenting. One unable to adhere to reality cannot be expected to adhere as well to
any legal or emotional commitments (Antonio v. Reyes, G.R. No. 155800, March 10, 2006)
While disagreements on money matters would, no doubt, affect the other aspects of ones marriage
as to make the wedlock unsatisfactory, this is not a sufficient ground to declare a marriage null and
void. In fact, the Court takes judicial notice of the fact that disagreements regarding money matters is
a common, and even normal, occurrence between husbands and wives. (Tongol vs. Tongol, G.R. No.
157610, October 19, 2007)
Petitioner is not entitled to moral damages based on declaration of psychological incapacity because
the award of moral damages should be predicated, not on the mere act of entering into the marriage,
but on specific evidence that it was done deliberately and with malice by a party who had known of his
Mental condition
Applies to a person who is maritally contracted to another
Marriage entered into with volition
Failure to perform or comply with the essential obligations in marriage
Failure to perform is chronic
Cause is psychological in nature
Cause is serious, with juridical antecedence, and must be incurable
Incapacity results in the failure of the marriage.
Jurisprudential Guidelines (Molina Doctrine) (Republic v. Molina G.R. No. 108763, February 13,
1997): (PROBE PIG)
1.
2.
3.
4.
5.
6.
7.
8.
Note: The SC held in Te vs. Te (G.R. No. 161793, February 13, 200) as decisive the psychological
evaluation made by the expert witness and thus ruled that the marriage of the parties is null and void
on the ground of both parties psychological incapacity. The clinical psychologist did not personally
examine the respondent, and relied only on the information provided by petitioner. Further, the
psychological incapacity was not shown to be attended by gravity, juridical antecedence, and
incurability, deviating from Republic vs. CA and Molina (1997) ruling, upon the Courts reasoning that
the impositions of the Molina case were inappropriate, as cases of psychological incapacity should be
decided not on the basis of a priori assumptions, predictions or generalizations but according to its
own facts. Courts should interpret the provision on a case-to-case basis; guided by experience, the
findings of experts and researchers in psychological disciplines, and by decisions of church tribunals.
The Molina doctrine has become a strait-jacket, forcing all sizes to fit into and be bound by it. The
Court in conveniently applying Molina, has allowed diagnosed sociopaths, schizophrenics,
nymphomaniacs, narcissists and the like, to continuously debase and pervert the sanctity of marriage.
The wifes promiscuity and the psychiatrists report that she was suffering from social personality
disorder exhibited by blatant display of infidelity, emotional immaturity, and irresponsibility cannot be
equated with psychological incapacity (Dedel vs. Court of Appeals, G.R. No. 151867, January 29,
2004).
Similarly, the husbands alleged alcoholism, drunkenness, his habitual verbal and physical abuse of
the wife, failure to support the latter and her children, and unbearable jealousy, do not constitute
psychological incapacity (Republic vs. Melgar, G.R. No. 139676,March 31, 2006).
In Marcos v. Marcos (GR. NO. 136490, October 19, 2000), the SC held that psychological incapacity
may be established by the totality of the evidence presented. The facts alleged in the petition and the
17
evidence presented, considered in totality, should be sufficient to convince the court of the
psychological incapacity of the party concerned. (Bernardino S. Zamora vs. CA, G.R. No. 141917,
February 7, 2007)
The complete facts should allege the physical manifestations, if any, as are indicative of
psychological incapacity at the time of the celebration (Sec. 2(d) A.M. No. 02-11-10-SC, March
15, 2003)
There is NO REQUIREMENT that the person sought to be declared psychologically
incapacitated should be personally examined by a physician/ psychologist as a condition sine qua
non to arrive at such declaration. It can be proven by independent means that one is
psychologically incapacitated, There is no reason why the same should not be credited. (Republic
of the Philippines vs. Laila Tanyag-San Jose and Manolito San Jose, G.R. No. 168328, February
28, 2007)
Psychological incapacity is not meant to comprehend all possible cases of psychoses. The fourth
guideline in Molina requires that the psychological incapacity as understood under Art. 36 (FC) must
be relevant to the assumption of marriage obligations, not necessarily to those not related to
marriage, like the exercise of a profession or employment in a job (Tongol vs. Tongol, G.R. No.
157610, October 19, 2007).
The new Rule promulgated by the SC on 4 March 2003 on Annulment and Declaration of Nullity of
Marriage dispensed with the certification from the Solicitor General, stating therein his reasons for his
agreement or opposition to the petition. Attachment of expert opinions to the petition is also dispensed
with (Tongol vs. Tongol, G.R. No. 157610, October 19, 2007).
Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages (A.M.
No. 02- 11- 10 SC, March 15, 2003), provides option to the trial judge to refer the case to a courtappointed psychologist/ expert for an independent assessment and evaluation of the psychological
state of the parties, in order to assist the court to arrive at an intelligent and judicious determination of
the case.
Note: Final judgment denying a petition for nullity on the ground of psychological incapacity bars a
subsequent petition for declaration of nullity on the ground of lack of marriage license. There is res
judicata (Mallion vs. Alcantara, G.R. No. 141528, October 31, 2006).
Incestuous marriages, whether the relationship is legitimate or illegitimate, between (Art. 37):
1.
2.
Voidable
Decree of nullity
Decree of annulment
Incapable of ratification
Always void
Action prescribes
Interestingly, in Lucio Morigo vs. People, GR No. 145226, Feb. 6, 2004, the SC ruled that a
19
judicial declaration of nullity is NOT NEEDED where NO MARRIAGE CEREMONY at all was
performed by a duly authorized solemnizing officer, as where the parties merely signed a
marriage contract on their own without the presence of the solemnizing officer
For purposes other than remarriage, such as but not limited to determination of heirship, legitimacy or
illegitimacy of a child, settlement of estate, dissolution of property regime or criminal case, other
evidence is acceptable to show the nullity of the marriage and the court may pass upon the validity of
marriage so long as it is essential to the determination of the case (Nial vs. Bayadog, G.R. No.
133778, March 14, 2000).
Collateral attack of marriage is allowed
In a case for concubinage, the accused need not present a final judgment declaring his marriage
void, for he can adduce evidence in the criminal case of the nullity of his marriage other than
proof of a final judgment declaring his marriage void (Beltran vs. People, G.R. No. 137567, June
20, 2000).
Who may file Action for Declaration of Nullity
Before March 15, 2003 Any interested party can file a direct case for nullity of marriage, e.g., a
father can file a case for declaration of nullity of a bigamous marriage entered into by his daughter
and a married man.
March 15, 2003 and onwards A petition for declaration of absolute nullity of void marriage may be
filed solely by the husband or wife. A.M. 02-11-10-SC which provides for the same is prospective in its
application. (Juan de Dios Carlos vs. Falicidad Sandoval, G.R. No. 179922, December 16, 2008)
Imprescriptibility of Action for Declaration of Nullity
General Rule: The action or defense for the declaration of absolute nullity of a marriage shall not
prescribe (Art. 39, as amended by R.A. 8533 approved on February 23, 1998).
Declaration of Nullity not a Prejudicial Question
The pendency of the civil action for nullity of marriage does not pose a prejudicial question in a
criminal case for concubinage. (Beltran vs. People, G.R. No. 137567, June 20, 2000). This ruling
applies in a case for bigamy by analogy since both crimes presuppose the subsistence of a marriage.
(Bobis vs. Bobis, G.R. No.138509, July 31, 2000).
If the absentee reappears, but no step is taken to terminate the subsequent marriage either by
affidavit or by court action, such absentees mere reappearance, even if made known to the
spouses in the subsequent marriage will not terminate such marriage (SSS v. Bailon, G.R. No
165545, March 24, 2006).
Judgment declaring a spouse presumptively dead is unappealable because the proceedings
thereon are summary in nature as per Art. 153 FC. The remedy is special civil action for certiorari
(Heirs of Maura So vs. Obliosca, G.R. No. 147082, January 28, 2008).
See Comparative Chart on Effects of Declaration of Nullity, Annulment and Termination of Marriage in
Art. 41 and Legal Separation.
Age of the party in whose behalf the marriage is sought to be annulled was 18 years of age or
over but below 21, and the marriage was solemnized without the consent of the parents, guardian
or person exercising substitute parental authority over the party, in that order;
2.
3.
4.
21
5.
Physical incapability of either party to consummate the marriage with the other, and such
incapacity continues and appears to be incurable (impotency)
Permanent inability on the part of one of the spouses to perform the complete act of sexual
intercourse, arising from physical and other causes, including psychological causes
Need not be universal; condition may exist only as to the present spouse and not as to others
Requisites for annulment due to Impotence: (CUPIN)
a.
b.
c.
d.
e.
Doctrine of Triennial Cohabitation Presumption that the husband is impotent should the wife still
remain a virgin for at least 3 years from time spouses started cohabiting.
6.
The enumeration in Article 46 is EXCLUSIVE (Anaya vs. Palaroan, GR. No. L27930, November 26,
1970).
Note: Misrepresentation as to character, health, rank, fortune or chastity is NOT a ground for
annulment.
Persons Who May
Sue
Injured party
Prescrip-tive
Period
W/in 5 years from the
time
the
force,
intimidation, or undue
influence ceased
Fraud
Injured party
Incapabi-lity to consummate
Injured party
No
ratification
since
defect is permanent
Insanity
Anytime
before
the
death of either party
Relative, guardian or
persons having legal
charge of the insane
Anytime
before
the
death of either party
Grounds (F2I2NS)
Force, intimidation, or
undue influence
Ratifi-cation
Free cohabita-tion after
disap-pearance of force,
intimida-tion / undue
influence respect-tively
Non consent
STD
Insane spouse
No consent party
W/in 5 years
reaching 21
Injured party
after
No ratifica-tion since
defect is perma-nent.
Note: Whichever comes first may convalidate the marriage: Cohabitation OR Prescription.
Additional Requirements for Annulment or Declaration of Nullity
Prosecuting attorney or fiscal should:
1. Appear on behalf of the state
2. Take steps to prevent collusion between the parties
3. Take care that evidence is not fabricated or suppressed
Collusion
Public Prosecutor shall be ordered by the court to investigate and to submit a report on whether
parties are in collusion when:
1. No answer is filed or the answer does not tender an issue;
2. Respondent filed his answer but failed to appear at the pre-trial (Secs. 8(3) and 13(b), A.M. No.
02-11-12-SC, March 15, 2003)
Note: The same also applies to Legal Separation pursuant to Secs. 5(c) and 10(2) of A.M. No. 02-1111-SC, March 15, 2003.
There will be collusion only if the parties had arranged to make it appear that a ground existed or had
been committed although it was not, or if the parties had connived to bring about a matrimonial case
even in the absence of grounds therefor (Ocampo vs. Florenciano, GR. No. L13553, February 23,
1960).
However, petitioners vehement opposition to the annulment proceedings negates the conclusion that
collusion existed between the parties. Under these circumstances, the nonintervention of a
prosecuting attorney to assure lack of collusion between the contending parties is not fatal to the
validity of the proceedings in the trial court (Tuason vs. CA, G.R. No. 116607, April 10, 1996).
Decision
No judgment on the pleadings, summary judgment, confession of judgment, or judgment by default
shall be allowed.
If the defendant spouse fails to answer the complaint, the court CANNOT declare him or her in
default. But instead, should order the public prosecutor to determine if collusion exists between the
parties.
Note: The same also applies to Legal Separation
23
After court grants petition, it shall issue the decree of absolute nullity or annulment only after
compliance with the following:
1. Must proceed with the liquidation, partition, and distribution of the properties of the spouses
including custody and support of the common children unless such matters had been adjudicated
in previous judicial proceedings
2. Delivery of the childrens presumptive legitimes
3. Registration of the entry of judgment granting petition for declaration of absolute nullity or
annulment in the Civil Registry where the marriage was celebrated and in the Civil Registry of the
place where the FC was located
4. Registration of approved partition and distribution of properties of the spouses in the proper
Registry of Deeds where the real properties are located
Note: The same applies to Legal Separation.
In case of annulment or declaration of absolute nullity of marriage, Art.49 of the Family Code grants
visitation rights to a parent who is deprived of the custody of the children. Such visitation rights flow
from the natural right of both parents to each others company. There being no such parent child
relationship between them, Gerardo has no demandable right to visit the child of Mario with Theresa
(Concepcion vs. CA GR. No. 12345, August 31, 2005).
Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable
Marriages (A.M. 001101SC)
This Rule shall govern petitions for declaration of absolute nullity of void marriages and
annulment of voidable marriages under the Family Code of the Philippines.
LEGAL SEPARATION
Exclusive Grounds: (SAMBALIPAD)
1.
Repeated physical violence or grossly abusive conduct directed against the petitioner, a common
child, or a child of the petitioner
2.
Attempt of the respondent to corrupt or induce the petitioner, a common child, or a child of the
petitioner, to engage in prostitution, or connivance in such corruption or inducement
Refers to prostitution only and irrespective of the age of the child
3.
4.
Final judgment sentencing the respondent to imprisonment of more than 6 years even if
pardoned
25
Even if the parents are separated de facto, still in the absence of judicial grant of custody to one
parent, both parents are entitled to the custody of their child. The remedy of habeas corpus may be
resorted to by the parent who has been deprived of the rightful custody of the child (Salientes v.
Abanilla, G.R. No. 162734, August 29, 2006).
Note: A decree of legal separation, on the ground of concubinage, may issue upon proof of
preponderance of evidence in the action for legal separation. No criminal proceedings or conviction is
necessary.
Effects of Reconciliation of the Spouses (Art. 66):
1.
The legal separation proceedings, if still pending, shall thereby be terminated at whatever
stage.
2.
The final decree of legal separation shall be set aside, but the separation of property and any
forfeiture of share of the guilty spouse already effected shall subsist, unless the spouses agree to
revive their former property regime.
Revival of Property Regime (Art. 67)
Agreement of revival and motion for its approval shall be filed in court in the same proceeding for legal
separation and shall be executed under oath and shall specify:
1. Properties to be contributed anew to restored regime;
2. Those to be retained as separated properties of each spouse;
3. Names of all known creditors, addresses, and amounts owing to each
After due hearing, court shall take measures to protect interest of creditors and such order shall be
recorded in the proper registries of properties but the same shall not prejudice creditors not listed or
notified, unless debtor-spouse has sufficient separate properties to satisfy creditors claim.
Rule on Legal Separation (A.M. 021111SC)
This took effect on March 15, 2003.
This Rule shall govern petitions for legal separation under the Family Code in the Philippines; the
Rules of Court shall apply suppletorily.
Please refer to the Remedial Law Memory Aid for the procedural provisions of the Rule.
Termination
Declaration Of Nullity
Annulment
Legal Separation
(Art.41)
(Art. 40)
(Art. 45)
(Art. 55)
No
dissolution
of
marriage,
only
separation of bed-andboard; entitled to live
separately
Marital Status
Subsequent
marriage
automatically terminated
by
affidavit
of
reappearance
Legitimate
Legitimate
Custody of Children
Custody in case of
dispute shall be decided
by the court in separate
proceedings for custody
but same considerations
as in Declaration of Nullity
During Pendency:
1.
2.
Written Agreement
Absence thereof, court decides based on best interest of child and may award
it in the following order of preference:
a. Both parents jointly
b. Either parent, may consider choice of child over 7 years unless parent
chosen is unfit
c. Surviving grandparent, if several then choice of child over 7 years unless
grandparent chosen is unfit/ disqualified
d. Eldest brother/sister over 21unless unfit/ disqualified
e. Any other person deemed by court who is suitable
After Decree:
To the innocent spouse but no child under 7 shall be separated from the mother
unless there are compelling reasons
Child Support
During pendency:
1.
2.
Written agreement
In the absence thereof, from properties of the absolute community of property
(ACP) or conjugal partnership (CP)
After Decree:
Either parent/ both may be ordered by court to give an amount necessary for
support in proportion to resources/means of giver and necessities of recipient
Spousal Support
During pendency:
1.
2.
3.
1.
2.
3.
4.
Written agreement
In the absence thereof, from properties of the ACP or CP, considered as
advance to be deducted from share during liquidation
Restitution if after final judgment court finds that persons providing support
pendent lite is not liable therefor (Sec. 7, Rule 61, ROC)
Property Relations
2.
2.
3.
All creditors of spouses and of the ACP or CP shall be notified of the proceedings
for liquidation
Conjugal dwelling and lot on which it is situated shall be adjudicated pursuant to
Art. 102 and 129
Presumptive Legitime
1.
1.
27
ACP or CP shall be
dissolved
and
liquidated.
Offending
spouse
has no right to any
share of net profits
earned by ACP or
CP
Net profits shall be
forfeited in favor of
common children, or
if none, children of
guilty spouse by
previous marriage,
or in default thereof,
the innocent spouse
2.
1.
2.
1.
2.
3.
4.
1.
Innocent spouse may revoke designation of spouse in bad faith as beneficiary even if
stipulated as irrevocable (Art. 43(4))
1.
2.
Donor
is
given
option to revoke or
not, if donor decides
to revoke, must do
so within 5 years
from
finality
of
decree
But if ground for
legal separation is
sexual
infidelity
(adultery
or
concubinage),
donation
between
persons
guilty
thereof at time of
donation is void
(Art. 739(1)NCC)
Succession
1.
2.
1.
Offending
spouse
disqualified
from
inheriting
from
innocent spouse by
intestate succession
29