Notes On Civil Law (Mock Bar) : 1. Fundamental Principles of Law 1. A. Mandatory Law Provisions
Notes On Civil Law (Mock Bar) : 1. Fundamental Principles of Law 1. A. Mandatory Law Provisions
consequently, had no right to remain in the use and possession of the subject land. Sec.
Alvarez's cancellation of FLGLA No. 542 merely conformed with the Court's findings. The
cancellation made by the DENR merely sealed the fact that FLGLA No. 542 should not have
1. FUNDAMENTAL PRINCIPLES OF LAW been issued in favour of petitioner, in the first place. Therefore, from that illegal issuance
only flowed an invalid FLGLA, as it is axiomatic in our legal system that acts executed
1. a. Mandatory Law Provisions against the laws are void, and that administrative or executive acts, orders and
regulations that are contrary to the laws or the Constitution are invalid.
ARTICLE 5. Acts executed against the provisions of mandatory or
prohibitory laws shall be void, except when the law itself authorizes their validity. 2. Manuel L. Lee vs. Regino B. Tambago - The will in question was attested by only two
witnesses (what I required by law is 3 or more credible witnesses), Noynay and Grajo. On
Relate this with: this circumstance alone, the will must be considered void. This is in consonance with the rule
that acts executed against the provisions of mandatory or prohibitory laws shall be void,
Last paragraph of ARTICLE 17. Prohibitive laws concerning persons, their acts except when the law itself authorizes their validity.
or property, and those which have for their object public order, public policy and good
customs shall not be rendered ineffective by laws or judgments promulgated, or by 3. Arturo R. Abalos vs. Galicano S. Macatangay - Since Article 166 of the Civil Code
determinations or conventions agreed upon in a foreign country. requires the consent of the wife before the husband may alienate or encumber any real
property of the conjugal partnership, it follows that acts or transactions executed against this
Exceptions: mandatory provision are void except when the law itself authorizes their validity.
1. When the law itself authorizes the validity of the act;
Example: Executive Order No. 292, Book VII, Chapter 2, Sec. 3 – failure t file 3
certified copies of every rule within 3 months shall not be the basis o any b. Can the court refuse to rule when there is no law? No.
sanction against the party.
2. When the law makes the act only voidable and not void; or ARTICLE 9. No judge or court shall decline to render judgment by reason of the
3. When the law makes the act valid but punishes the violator. silence, obscurity or insufficiency of the laws.
1. Alcantara vs DENR – petitioner is a lessee under FLGLA No. 542 issued by DENR. Hilado vs. Dela Costa – best illustrated in a post war case involving the extra ordinary
However the subject land is being claimed as ancestral land of Maguindanao people. Private deflation because the Japanese notes were no longer legal tender and treasury notes were
respondents filed a complaint before Commission on Settlement of Land Problems scarce, and there is no provision in the Spanish Civil Code to cover such situation. Thus, the
(COSLAP) seeking cancellation of FLGLA No. 542 and reversion of the land. Petitioner Supreme Court adopted the Ballantyne scale of values on the purchasing power of the
questioned the authority of COSLAP and alleged that it was the Sec. of DENR who should peso at different stages of the Japanese Occupation in determining how much is the
have jurisdiction to administer and dispose public lands. Despite the pendency of cases, equivalent of Japanese war notes in genuine currency. This decision was later codified under
petioner was able to renew the FLGLA No. 542 for another 25 years. However, Congress Article 1250 of the Civil Code.
passed Republic Act No. 8371, or the Indigenous People's Rights Act (IPRA), which was
intended to recognize and promote all the rights of the country's Indigenous Cultural Silverio vs. Republic - It is true that Article 9 of the Civil Code mandates that "no judge or
Communities/Indigenous Peoples. Petitioner's claim that he has residual rights to remain on court shall decline to render judgment by reason of the silence, obscurity or insufficiency of
the property is based on Section 56 of the IPRA. Held: The contention of petitioner has no the law." However, it is not a license for courts to engage in judicial legislation. The
merit. this Court, in G.R.No. 145838, declared FLGLA No. 542 as illegal and upheld duty of the courts is to apply or interpret the law, not to make or amend it.
2. Fujiki vs. Marinay, et.al. - A foreign judgment relating to the status of a marriage affects Cases:
the civil status, condition and legal capacity of its parties. However, the effect of a foreign
judgment is not automatic. To extend the effect of a foreign judgment in the Philippines, 1. Aznar vs. Garcia - Doctrine of Renvoi applied where deceased Edward
Philippine courts must determine if the foreign judgment is consistent with domestic public Christensen, an American citizen of the State of California, died testate as
policy and other mandatory laws. domiciliary of the Philippines, leaving properties in the Philippines. The validity of
the provisions of the will depriving testator’s acknowledged natural child should be
Law as to real and personal properties governed by Philippine law pursuant to Art. 946 of the Civil Code of California, not
by the internal law of California.
ARTICLE 16. Real property as well as personal property is subject to the law of the
country where it is situated. --- Lex Rei Sitae 2. Bellis vs. Bellis – Doctrine of Renvoi was not applied where the decedent was a
citizen of Texas and was domiciled therein at the time of his death. However, if
However, intestate and testamentary successions, both with respect to the order of Texas has a conflict of laws rule adopting the rule of the lex rei sitai, renvoi would
succession and to the amount of successional rights and to the intrinsic validity of arise where the properties involved are situated in another country other than the
testamentary provisions, shall be regulated by the national law of the person whose country of which the decedent is a domiciliary or a national.
ARTICLE 17. The forms and solemnities of contracts, wills, and other public - Foreign courts decisions are not automatically binding and enforceable in the
instruments shall be governed by the laws of the country in which they are Philippines. Courts cannot take judicial notice of foreign decisions and these foreign
executed. decisions should be proved in court. However, any party may file a Petition to
enforce a foreign judgment in local courts under the Rules of Civil Procedure.
When the acts referred to are executed before the diplomatic or consular - In actions for recognition of foreign judgments, Philippine courts will only determine
officials of the Republic of the Philippines in a foreign country, the solemnities (1) whether the foreign judgment is inconsistent with an overriding public policy in
established by Philippine laws shall be observed in their execution. the Philippines; and (2) whether any alleging party is able to prove an extrinsic
ground to repel the foreign judgment, i.e. want of jurisdiction, want of notice to the
Prohibitive laws concerning persons, their acts or property, and those which party, collusion, fraud, or clear mistake of law or fact.
have for their object public order, public policy and good customs shall not be
rendered ineffective by laws or judgments promulgated, or by determinations 2. CAPACITY OF THE PERSON; particularly the unborn child; any conveyance
or conventions agreed upon in a foreign country. favourable to the unborn child
Cases: ARTICLE 37. Juridical capacity, which is the fitness to be the subject of legal
relations, is inherent in every natural person and is lost only through death. Capacity
1. Morigo vs. People - element of bigamy, which is entering of a second marriage to act, which is the power to do acts with legal effect, is acquired and may be lost.
while the first marriage subsists, is not attendant in the present case. In the instant
case, however, no marriage ceremony at all was performed by a duly authorized Juridical Capacity Capacity to Act
solemnizing officer. Petitioner and Lucia Barrete merely signed a marriage contract Concept Fitness to be the subject of Power to do acts with legal
on their own. The mere private act of signing a marriage contract bears no legal relations effect
semblance to a valid marriage and thus, needs no judicial declaration of Whether Inherent or not Inherent in every natural Not inherent in a person but
nullity. However, with respect to the divorce decree, the same is not valid. the court person acquired (reaching certain
of a country in which neither of the spouses is domiciled and in which one or both age)
spouses may resort merely for the purpose of obtaining a divorce, has no Effect of Death Lost only upon death May be lost upon and even
jurisdiction to determine the matrimonial status of the parties. As such, a divorce before death through valid
granted by said court is not entitled to recognition anywhere. causes
Provisional Existence Exists provisionally in an Does not exist even
2. United Airlines Inc vs. CA – Doctrine of lex loci celebrations is true even though unborn child for purposes of provisionally in an unborn
the place where the contract was made is different from the place where it is to be support and donation child
performed, and particularly so, if the place of the making and the place of
performance are the same. Hence, the court should apply Philippine laws, the law of ARTICLE 40. Birth determines personality; but the conceived shall be considered
the place where the airline ticket was issued even though the flights were between born for all purposes that are favorable to it, provided it be born later with the
states of the United States of America, the place where the obligations were to be conditions specified in the following article.
performed. - an unborn child is not entitled to damages ( damages is something na suffered by a
person). The action for damages of a husband against an abortionist may proper with
respect to his own damage --- moral damages, etc. However, the unborn child whose
personality never existed may not be entitled to damages for breach of his right to life and
dignity.
Note that there are three type of foetus contemplated in this provision and they are: Cases:
- a marriage which preceded the issuance of the marriage license is void, and that
1. Foetus with an intra-uterine life of seven months or more --- thus, when born the subsequent issuance of such license cannot render valid or even add an iota of
alive regardless of the number of minutes of hours, the foetus is considered alive validity to the marriage. Except in cases provided by law, it is the marriage license
for legal purposes. that gives the solemnizing officer the authority to solemnize a marriage. Aranes vs.
Judge Occiano
2. Foetus with an intra-uterine life of less than seven months --- must be born alive
and must be able to live a life span of more than twenty four hours to be Take note: Valid Marriage License can be used in any part of the Philippines for a
considered alive for legal purposes. period of 120 days from the date of issuance thereof (Article 20 FC).
3. Foetus with an intra-uterine life of less than seven months --- born alive but died Exceptions to Requirement of a valid marriage license:
within 24 hours after its complete delivery from the maternal womb, the foetus is
not deemed born and has not acquire a personality. (1) Marriages in articulo mortis (Arts. 31 & 32) or when one or both parties are
at the point of death (Art. 27),
3. FAMILY LAW (2) Marriage in isolated places with no available means of transportation (Art.
28),
A. ESSENTIAL REQUISITES (Article 2, FC)
(3) Marriage among Muslims or other ethnic cultural communities (Art. 33),
(1) Legal capacity of the contracting parties who must be a male and a female; and
(4) Marriages of those who have lived together as husband and wife without
What constitute legal capacity: any legal impediment for at least 5 years (Art. 34)
a. (SEX) Contracting parties must be man and woman;
b. There must be no impediment to marry (Article 5 FC); - Requisites for application of legal ratification of marital cohabitation:
c. (AGE)Each party must be at least 18 years old (Article 5 FC).
1. The man and woman must have been living together as husband
(2) Consent freely given in the presence of the solemnizing officer and wife for at least five years before the marriage;
2. The parties must have no legal impediment to marry each other;
a. Consent freely given - not vitiated by duress or fraud (otherwise voidable) and 3. The fact of absence of legal impediment between the parties must be
There must be a real intent to enter into marriage. present at the time of marriage;
b. in the presence of solemnizing officer - parties must personally appear before the 4. The parties must execute an affidavit stating that they have lived
solemnizing officer. together for at least five years [and are without legal impediment to marry
each other]; and
(c) Marriage Ceremony (reason why common law marriage, marriage by proxy and secret iii. The other forms of psychoses, if existing at the inception of marriage, like the state
marriage are not allowed): of a party being of unsound mind or concealment of drug addiction, habitual
- Appearance of contracting parties in the presence of a solemnizing officer alcoholism, homosexuality or lesbianism, merely renders the marriage contract
- Personal declaration that they take each other as husband and wife in the voidable pursuant to Article 46, Family Code. ---- Leouel Santos vs. Court of
presence of not less than 2 witnesses (Art. 6) Appeals
3. FRAUD
C. ANNULMENT OF MARRIAGE (Art. 45, FC) i. May be ratified if the defrauded party afterwards, with full knowledge of the facts
constituting the fraud, freely cohabited with the other as husband and wife.
In General: Voidable marriages are those which may be annulled, but are considered valid
until they are annulled. They may be ratified. Their validity may be attacked only in a direct ii. There is fraud when, through insidious words or machinations of one of the
action, and only by the parties to the marriage. The action must be brought within a certain contracting parties, the other party is induced to enter into the marriage which,
prescriptive period. without them, he would not have agreed to.
iii. Only the following constitute fraud (Art. 46, FC):
- voidable marriage cannot be assailed collaterally except in a direct proceeding.
Consequently, such marriages can be assailed only during the lifetime of the parties and not a. Non-disclosure of a previous conviction by final judgment of the other party
after the death of either, in which case the parties and their offspring will be left as if the of a crime involving moral turpitude – penalty for conviction is immaterial
marriage had been perfectly valid. SSS vs. Vda. De Bailon
- A voidable marriage can be assailed only by its parties. Ninal vs. Badayog b. Concealment by wife of the fact that at the time of the marriage, she was
pregnant by a man other than her husband
Grounds: (generally vitiate the consent of the party entitled to seek annulment. Note also
that these grounds must have existed at the time of the marriage). c. Concealment of sexually transmissible disease (STD), regardless of its
nature, existing at the time of the marriage
1. Lack of parental consent – party is above 18 years old but below 21 years old, and the - STC need not be serious or incurable; as long it was concealed; if
marriage was solemnized without parental consent and the marriage was solemnized without the STD was serious and incurable even if it was not concealed, it is
parental consent. an independent ground from annulment
i. May be ratified if such party, after attaining the age of 21 freely cohabited with the
other and both lived together as husband and wife
iii. Intimidation – when one of the contracting parties is compelled to give his consent a. Impotence for by definition it must be continuing and incurable, so
by a reasonable and well-grounded fear of an imminent and grave evil upon his that the cause for annulment will never cease to exist.
person or property, or upon the person or property of his descendant or ascendant
b. STD – by definition it must be incurable, so that the cause for
iv. To determine the degree of intimidation, the age, sex, and condition of the person
annulment will never cease to exist.
shall be borne in mind
v. The threat to enforce one’s claim through competent authority, if one’s claim is just c. Sane person who married an insane person without knowing it at
and legal, does not vitiate consent the time of marriage, if the insanity was known to the sane person,
the latter is estopped from seeking annulment.
vi. Undue influence – when a person takes improper advantage of his power over the
will of another depriving the latter of a reasonable power of choice STANDING TO SUE AND PRESCRIPTIVE PERIOD (Art. 47, FC)
5.IMPOTENCE/ LACK OF POWER TO COPULATE - Incapacity to consummate denotes
1. Lack of Parental Consent (Article 47[1], FC)
the permanent inability on the part of the spouses to perform the complete act of sexual
intercourse a. Who may sue –
a. The party under 21 years of age whose parent or guardian did not
6. SEXUALLY- TRANSMISSIBLE DISEASE
give consent, or
i. Cannot be ratified. b. The parent or guardian who did not give consent.
ii. The STD must be both serious and incurable, e.g. AIDS.
b. Prescriptive period –
iii. The STD must be unknown to the party suing for the annulment, otherwise, he or a. In case of the party under 21, within 5 years after attaining the age of
she would be estopped from raising it. 21, or
iv. Serious and incurable STD need not be concealed for it be ground for annulment b. In case of the parent or guardian, at any time before the contracting
(couple with fraud in the form of a concealed STD). party has reached the age of 21.
RATIFICATION 2. Insanity (Article 47[2], FC)
1. In general, a voidable marriage may be ratified by continued voluntary cohabitation a. Who may sue –
after the cause for annulment has ceased to exist. i. The sane person, who had no knowledge of the other’s insanity; or
b. Prescriptive period -- Before the death of either party. A. Trial and Evidence (Art. 48, FC)
3. Fraud (Article 47[3], FC) 1. The court shall order the prosecuting attorney to appear on behalf of the state –
a. Who may sue – the injured party i. To prevent collusion between the parties and
b. Prescriptive period --- within 5 years after the discovery of the fraud. ii. To take care that evidence is not fabricated or suppressed.
a. Who may sue – the injured party B. Support Pendente Leti (Article 49, FC)
b. Prescriptive period --- within 5 years after the time the force, intimidation or
undue influence disappeared or ceased. 1. The support of the spouses; and
5. Impotence (Article 47[5], FC) 2. The custody and support of their common children.
a. The court shall give paramount consideration to the moral and material
a. Who may sue – the injured party welfare of said children and their choice of the parent with whom they wish to
b. Prescriptive period --- within 5 years after marriage. remain.
b. Children below 7 years old shall not be separated from their mother, unless
6. Sexually-Transmissible Disease (Article 47[5], FC) the court finds compelling reasons to order otherwise. (Article 213, FC)
3. The appropriate visitation rights of the other parent.
a. Who may sue – the injured party
b. Prescriptive period --- within 5 years after the marriage. C. Final Judgment (Very important)
CASES: 1. The final judgment shall provide for: (a) the liquidation, partition and distribution of
the properties of the spouses, (b) the custody and support of the common children,
- Voidable marriages can be assailed only during the lifetime of the parties and not and (c) the delivery of their presumptive legitimes, unless such matters had been
after death of either, in which case the parties and their offspring will be left as if the adjudicated in previous judicial proceedings. (Article 50, FC)
marriage had been perfectly valid.--- Engrace Niñal vs. Norma Bayadog
- In contrast to a voidable marriage which legally exists until judicially annulled (and, 2. All creditors of the spouses as well as of the absolute community of property or
therefore, not a defense in a bigamy charge if the second marriage were contracted the conjugal partnership shall be notified of the proceedings for liquidation (Article 50,
prior to the decree of annulment), the complete nullity, however, of a previously FC)
contracted marriage, being void ab initio and legally inexistent, can outrightly be a
defense in an indictment for bigamy. 3. The judgment, the partition and distribution of the properties, and the delivery of
the children’s presumptive legitime shall be recorded in the appropriate civil registry
and registries of property (Article 52, FC)
D. Partition (Article 50 taken in relation to Articles 102 & 129, FC) 1. Voidable Marriages and Void Marriages under Article 40.
The conjugal dwelling and lot shall be adjudicated to the spouse with whom majority of the The following effects shall apply to: (i) marriages which are declared void ab initio
common children choose to remain (unless otherwise agreed upon by the parties). under Article 40, FC, i.e., subsequent marriages entered into before the declaration of
nullity of the first marriage; and (ii) voidable marriages annulled by final judgment, under
1. Children below 7 years old are deemed to have chosen the mother, unless Article 45, FC.
the court has decided otherwise.
a. The absolute community of property or conjugal partnership shall be dissolved
2. In case there is no such majority, the court shall decide, taking into and liquidated, but
consideration the best interests of said children.
i. If either spouse contracted said marriage in bad faith, his or her share of
3. the net profits shall be forfeited in favor of—
E. Delivery of Presumptive Legitime (Article 51, FC) 1. The common children or,
1. The value of the presumptive legitime of all common children, computed as 2. If there are no common children, the children of the guilty spouse
of the date of the final judgment of the trial court, shall be delivered in cash, by a previous marriage or
property or sound securities, unless the parties, by mutual agreement
judicially approved, had already provided for such matters. 3. In default of children, the innocent spouse;
2. The delivery of the presumptive legitime shall in no way prejudice the b. Donation by reason of marriage shall remain valid, but
ultimate successional rights of the children accruing upon the death of either i. If the donee contract the marriage in bad faith, such donations made to
or both of the parents. said donee are revoked by operation of law;
a. The value of the properties received shall be considered as c. The innocent spouse may revoke the designation of the other spouse who acted in
advances on their legitime. bad faith as beneficiary in any insurance policy, even if such designation is made
3. The children or their guardian or the trustees of their property may ask for the irrevocable;
enforcement of the judgment. d. The guilty spouse shall be disqualified to inherit from the innocent spouse by
EYES HERE! testate or intestate succession.
Note that Article 50 and 51 are only applicable if in the declared void marriage, c. If both spouses acted in bad faith, all donation by reason of marriage and
one or both of the parties to the said marriage are suffering legal impediment to marry testamentary disposition made by one in favor of the other are revoked by
the other, e.g. bigamous marriage. Otherwise, if both parties are capacitated to marry operation of law (Article 44, FC).
each other, then Article 147 or 148 of the Family Code will apply.
Cases: e. Such illness must be grave enough to bring about the disability of the party to
assume the essential obligations of marriage.
1. RP vs. Garcia - Psychological incapacity refers to a mental, not physical, incapacity.
i. Thus, "mild characterological peculiarities, mood changes, occasional emotional
2. Republic vs. Molina - These Molina guidelines were subsequently modified by the outbursts" cannot be accepted as root causes. The illness must be shown as
Supreme Court in A.M. No. 02-11-10 – New Rule on Declaration of Absolute Nullity of Void downright incapacity or inability, not a refusal, neglect or difficulty, much less ill will.
Marriages and Annulment of Voidable Marriages effective March 15, 2003, more particularly
on paragraph nos.( b) (3) regarding expert testimony and (h)on requirement of certification of f. The essential marital obligations must be those embraced by Articles 68 up to 71 of
the Solicitor General. the Family Code as regards the husband and wife as well as Articles 220, 221 and
225 of the same Code in regard to parents and their children. (Just see the articles
. The SC in this case set the following guidelines and application of Article 36, FC: cited)
a. The burden of proof to show the nullity of the marriage belongs to the plaintiff. g. Interpretations given by the National Appellate Matrimonial Tribunal of the Catholic
Church in the Philippines, while not controlling or decisive, should be given great
respect by our courts.
2. An inveterate pathological liar is unable to commit to the basic tenets of relationship 2. "Irreconcilable differences" and "conflicting personalities" - The totality of the evidence
between spouses. Antonio vs Reyes shows simple case of a married couple drifting apart, becoming strangers to each other, with
3. from “dependent personality disorder” is void due to psychological incapacity. This the husband consequently falling out of love and wanting a way out. An unsatisfactory
disorder is characterized by a pattern of dependent and submissive behavior. The patient marriage, however, is not a null and void marriage. Carating- Siayngc vs. Siangco
lacks self-esteem or self-confidence; is plague by self-doubt; unable to make his own
decisions, dependent on and dominated by other people (such as his parents); insecure, 3. Sexual infidelity, per se - It must be shown that his unfaithfulness is a manifestation of a
weak and gullible; has no sense of his identity as a person; has no goals and clear direction disordered personality which makes him completely unable to discharge the essential
in life. Te vs. Yu –Te obligations of the marital state and not merely due to his ardent wish to have a child of his
4. Misrepresentations point to one's own inadequacy to cope with marital obligations, kindred own flesh and blood. Ibid.
to psychological incapacity (PATHOLOGICAL LIAR). Antonio vs. Reyes
4. Emotional immaturity and irresponsibility - Nor were his supposed sexual infidelity and
Take note: The mere showing of "irreconcilable differences" and "conflicting personalities" criminal offenses manifestations of psychological incapacity. If at all, they would constitute a
does not constitute psychological incapacity. ground only for an action for legal separation under Article 55 of the Family Code. Mendoza
vs. RP
CHARACTERISTICS OF PSYCHOLOGICAL INCAPACITY:
5. To be tired and give up on one's situation and on one's spouse neither can falling out of
(a) Gravity— It must be grave and serious such that the party would be incapable love be so labelled - Ours is a limited remedy that addresses only a very specific situation —
of carrying out the ordinary duties required in a marriage; a relationship where no marriage could have validly been concluded because the parties; or
where one of them, by reason of a grave and incurable psychological illness existing when
i. Serious psychological illness afflicting a party even before the celebration the marriage was celebrated, did not appreciate the obligations of marital life and, thus, could
of the marriage. Perez-Ferrars vs. Ferraris not have validly entered into a marriage. Reyes So vs. Valera
Re: Articles 36 and 147 (co-ownership), Article 147, FC (co-ownership) is applicable to a. The physical violence must be repeated.
marriages declared void under Article 36 (psychological incapacity) not Articles 50, 51 and
52, in relation to Articles 102 (liquidation of absolute community assets and liabilities) and b. Grossly abusive conduct may include maltreatment and hurling insults and
109 (liquidation of conjugal partnership assets and liabilities) of the Family Code. Thus, a invectives --- Ong Eng Kiam vs. Ong, G.R. No. 153206, October 23, 2006.
marriage declared void on the ground of the mutual psychological incapacity (Art. 36) of the
parties to comply with their essential marital obligations, the law on co-ownership under
Article 147, FC, governs the property relations between the parties. Article 50 of the Family 2. Physical violence or moral pressure to compel the petitioner to change religious
Code, applying paragraphs (2), (3), (4) and (5) of Article 43, on the procedure of liquidation of or political affiliation:
properties of the spouses, relates only, by its explicit terms, to voidable marriages (Article
45) and void marriage under Article 40, i.e., the second marriage being considered void if a. The violence or pressure need not be repeated; a single incident is enough.
entered into before the final judicial declaration of a previous marriage as void.
b. The must be a coercion (physical or moral) by the respondent against
b. Not capacitated to marry (Art. 148, FC) petitioner.
6. Lesbianism or homosexuality of the respondent: b. Lack of intent to return may be presumed if the spouse has left for a period of
3 months, or has failed within the same period to give any information as to
If the drug addiction, habitual alcoholism, lesbianism or his or her whereabouts (Article 101, FC)
homosexuality was existing at the time of marriage and was
concealed, it may amount to fraud which is a ground for annulment c. If the spouse left because of the other spouse’s abusive conduct, there is
of marriage. justifiable cause and such act of leaving cannot be considered as a ground
for annulment --- Ong Eng Kiam v. Ong, G.R. No. 153206, October 23, 2006.
Section 24. Proof of official record. — The record of public documents referred to in
paragraph (a) of Section 19, when admissible for any purpose, may be evidenced by an
official publication thereof or by a copy attested by the officer having the legal custody of the
record, or by his deputy, and accompanied, if the record is not kept in the Philippines, with a
certificate that such officer has the custody. If the office in which the record is kept is in
foreign country, the certificate may be made by a secretary of the embassy or legation,
consul general, consul, vice consul, or consular agent or by any officer in the foreign service
of the Philippines stationed in the foreign country in which the record is kept, and
authenticated by the seal of his office. (25a)
Section 25. What attestation of copy must state. — Whenever a copy of a document or
record is attested for the purpose of evidence, the attestation must state, in substance, that
the copy is a correct copy of the original, or a specific part thereof, as the case may be. The
attestation must be under the official seal of the attesting officer, if there be any, or if he be
the clerk of a court having a seal, under the seal of such court. (26a)