Maureen Gay Bandao

Legal Writing and Research

10/23/2015
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Contents

HISTORICAL BACKGROUND 2

THE FAMILY CODE 3

TITLE 1- MARRIAGE 4

TITLE 2-LEGAL SEPARATION 12

TITLE 3- RIGHTS AND OBLIGATIONS

BETWEEN HUSBAND AND WIFE 21

TITLE 4- PROPERTY RELATIONS

BETWEEN HUSBAND AND WIFE 24

TITLE 5- THE FAMILY 39

TITLE 6- PATERNITY AND FILIATION 42

TITLE 7- ADOPTION 47

TITLE 8- SUPPORT 50

TITLE 9- PATERNAL AUTHORITY 53

TITLE 10- EMANCIPATION AND AGE

OF MAJORITY 57

TITLE 11- SUMMARY JUDICIAL PROCEEDINGS

IN THE FAMILY LAW 58

TITLE 12- FINAL PROVISIONS 60

REFERENCES 61

Historical Background

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 Executive Order No. 209 otherwise known as the “Family Code of the Philippines” was signed

into law on July 6, 1987 by President Corazon C. Aquino. Its objective was to revise the provisions in the

Civil Code on marriage and family relations in order to “bring them closer to Filipino customs, values,

and ideals and reflect contemporary trends and customs”. It was drafted by Justice Jose B.L. Reyes,

Justice Eduardo P. Caguioa, and Justice Ricardo C. Puno. It took effect on August 3, 1988.

Amendments:

Article 254 of the Family Code enumerates the provisions repealed by the Family Code. These are:

a. Civil Code of the Philippines (R.A. 386) Titles III, IV, V, VI, VII, VIII, IX, XI and XV of Book I

b. Child and Youth Welfare Code (P.D. 603) Articles 17,18,19,27,28,29,30,31,39,40,41 and 42; and

c. Other laws, decrees, executive orders, proclamations, rules and regulations or parts thereof

inconsistent with the Family Code.

Retroactivity:

Article 256 of the Family Code allows for the retroactive effect of the Family Code provided that

it does not prejudice or impair vested or acquired rights in accordance with the Civil Code and other

laws.

The Family Code

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The Family Code is divided into twelve titles. The following outlines the content of the Family Code.
I. MARRIAGE
A. Requisites of Marriage
B. Marriages Exempt from the License Requirement
C. Void and Voidable Marriage
II. LEGAL SEPARATION
III. RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE
IV. PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE
A. General Provisions
B. Donation by Reason of Marriage
C. System of Absolute Community
1. General Provisions
2. What Constitutes Community Property
3. Charges Upon and Obligations of the Absolute Community
4. Ownership, Administration, Enjoyment and Disposition of the Community Property
5. Dissolution of Absolute Community Regime
6. Liquidation of the Absolute Community Assets and Liabilities
D. Conjugal Partnership of Gains
1. General Provisions
2. Exclusive Property of Each Spouse
3. Conjugal Partnership Property
4. Charges Upon and Obligations of the Conjugal Partnership
5. Administration of the Conjugal Partnership Property
6. Dissolution of Conjugal Partnership Regime
7. Liquidation of the Conjugal Partnership Assets and Liabilities
E. Separation of Property of the Spouses and Administration of Common Property by One Spouse
During the Marriage
F. Regime of Separation of Property
G. Property Regime of Unions Without Marriage
V. THE FAMILY
A. The Family as an Institution
B. The Family Home
VI. PATERNITY AND FILIATION
A. Legitimate Children
B. Proof of Filiation
C. Illegitimate Children
D. Legitimated Children
VII. ADOPTION
VIII. SUPPORT
IX. PARENTAL AUTHORITY
A. General Provisions
B. Substitute and Special Authority
X. EMANCIPATION AND AGE OF MAJORITY
XI. SUMMARY JUDICIAL PROCEEDINGS IN THE FAMILY LAW

XII. FINAL PROVISIONS

Title 1- Marriage

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 Republic vs Cagandahan G.R.
No. 166676 Sept. 12, 2008

Facts:
hormones, there is preponderant
biologicalCagandahan
Jeniffer support filed fora
Marriage is a special contract of permanent union
considering
petition him as being
for Correction male.
of Entries
Sexual development in cases
in Birth Certificate before the of
between a man and a woman, entered in accordance with
intersex persons
RTC Branch 33 of Siniloan,makes the
gender classification
Laguna. In the petition, at birth
she
the law for the establishment of conjugal and family life. It inconclusive. It is at maturity
alleged that she was registered a
that the
female in gender of such persons,
the Certificate of Live
is the foundation of the family and an inviolable social like respondent, fixed. up she
Birth but while growing
developed secondary
It is the respondent who has male
to
institution whose nature, consequences, and incidents are
characteristics and was diagnose
live with his intersex anatomy.
toIn have Congenital
the absence Adrenal
of evidence to
governed by law and not subject to stipulation, except that
Hyperplasia
show that respondentand clitoral
is
hyperthropy. She alleged that
incompetent and in the absence for
marriage settlements may fix the property relations during
allof interests
evidenceand toappearances
show that as
well as in mind and emotion,
classifying respondent as male she
the marriage within the limits provided by this Code (Article has
will become
harm othera male person.
members of
Hence, the petition.
society who are equally entitled
1 of the Family Code). As a special contract, it cannot be
to protection
The underCourt
Regional Trial the law, the
granted
Court affirms as valid
the petition. The Office of the and
modified, restricted, enlarged or entirely released upon
justified General
Solicitor the petitions
respondents
for
position and his personal
review under Rule 45 of the Rules
consent of the parties, as opposed to civil contracts. It is a
ofjudgement.
Court.
social relation of importance as it affects the happiness of The petition
Issue: Should the is denied.
petition The
for
reversal be granted on Trial
decision of the Regional the
individuals. As described in Adams v Palmer, 51 Me. 481, Court is affirmed.
grounds that respondent’s
medical condition (CAH) does
483, it is “the purest tie of social life, and the true basis of not make her a male.

human progress.” Held:

No. Where a person is

Requisites of marriage biologically or naturally intersex,
the determining factor in his
gender classification would be
a. Essential requisites what the individual, having
reached the age of majority, with
1. Legal capacity of the contracting parties who good reason, thinks of his or her
sex. Considering that the
must be a male and a female. respondent thinks of himself as a
male and considering that his
Legal capacity means that the parties have body produces high levels of
male hormones, there is
attained the age requirement and that there preponderant biological support
for considering him as being
should be no legal impediment to marry each male. Sexual development in
cases of intersex persons makes
the gender classification at birth
inconclusive. It is at maturity that
the gender of such persons, like
17
 other. Article 5 of the Family Code provides that the minimum marriageable age is 18 years

old.

The marrying parties must be male and female. In case of doubt, the sex determined by

visually looking at the genitals of the baby at the time of birth is immutable evidence of his

gender. Hence, sex re-assignment is not legally recognized. Exception to this are intersex

individuals or those who have ambiguous genitals or are hormonally imbalance. Example of

this is Congenital Adrenaline Hyperplasia where the person is genetically female but due to

CAH becomes phenotypically male.

2. Consent freely given in the presence of the solemnizing officer (Article 2 of the Family Code).

b. Formal requisites:

1. Authority of the solemnizing officer;

2. A valid marriage license except in the cases provided for in Chapter 2 of this Title; and

3. A marriage ceremony which takes place with the appearance of the contracting parties

before the solemnizing officer and their personal declaration that they may take each other

as husband and wife in the presence of not less than two witnesses of legal age. (Article 3 of

the Family Code).

Marriages exempt from marriage license

The following are marriages exempt from marriage license:

Table No. 1. Enumeration of marriages exempt from license and the requirements.
Marriages exempt from
Requirements
license
Articulo mortis a. Affidavit by the solemnizing officer executed before the local
a. In general civil registrar or other person legally authorized to administer
b. In a plane or ship; or oaths that the marriage was performed in articulo mortis.

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 b. The ship captain or airplane pilot may solemnize the marriage.
c. Within the zone of
c. The military commander of a unit, in the absence of a
military operations
chaplain, may solemnize the marriage.
Affidavit by the solemnizing officer executed before the local civil
registrar or other person legally authorized to administer oaths that
No means of transportation the residence of either party, specifying the barrio or barangay, is so
located that there is no means of transportation to enable such party
to appear personally before the local civil registrar.
Marriages among Muslims
and other ethnic Solemnized in accordance with customs, rites or practices.
communities
a. The man and woman had lived together as husband and wife for at
least 5 years
Cohabitation b. No legal impediment during the cohabitation
c. Affidavit by contracting parties stating (a)and (b)
d. Affidavit by solemnizing officer that he ascertained the qualifications
of the contracting parties
Solemnized outside the The country where the marriage was solemnized do not require a
country marriage license.

Void and voidable marriages

Absence, irregularity or defect in the formal or essential requisites shall render the marriage

either void, voidable or still valid. This can be further illustrated in the following table.

Table No. 2. The different status of marriage and their similarity and differences.
Status of the Change in the Prescriptive Subject to Status of Petition
Marriage Requisites Period Ratification Children Filed
Void Absence of No No Illegitimate Declaration
essential and except Art. 36 of Nullity of
formal and 54 Marriage

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 requisites
Defect in the Yes Yes (by
Annulment
Voidable essential (generally 5 continued Legitimate
of Marriage
requisites years*) cohabitation)
Irregularity in
Valid the formal - - - -
requisites.
Note: An irregularity in the formal requisites shall not affect the validity of the marriage but the party or parties
responsible for the irregularity shall be civilly, criminally and administratively liable.

*Exceptions are: (1) lifetime of spouse in cases of insanity; and (2) before the party reaches 21 years old in cases
where the parents or guardians may file for annulment.

Marriages void ab initio

1. Marriage by persons below 18 years old even with the consent the parents;

2. Solemnized by a person without authority;

3. Solemnized without a marriage license;

4. Bigamous or polygamous marriages not falling under Art. 41 (Exception to bigamous

marriage are subsequent marriages where the spouse in the void marriage was absent for

four consecutive years or two consecutive years in cases where there is danger of death

stated in Art. 41. Note: There is need for a summary proceeding for the declaration of

presumptive death for the subsequent marriage to be valid.);

5. Marriage contracted where there is mistake in identity;

6. Those marriages considered void under Article 53: Subsequent marriage contracted without

final judgment of nullity of marriage (Art. 40) and judgment of annulment, whereupon no

partition and distribution of properties and delivery of children’s presumptive legitimes was

recorded in the civil registry and registry of property (Art.52);

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7. Psychological incapacity which must exist
Republic vs C.A. and Molina G.R.
before or during the celebration of the No. 108763 Feb. 13, 1997

marriage even if it manifests only after the Facts:

Roridel and
solemnization (Art. 36 as amended by E.O. Reynaldo Molina were
legally married on April 14,
227); 1985 at the San Agustin
Church in Manila. They
8. Incestuous marriages or marriages begot a son, Andre Molina.
Thereafter, the husband
between ascendants and descendants and allegedly started showing
signs of immaturity and
between half or full blood brothers and irresponsibility, leading to
their separation in 1986.
sisters, regardless whether the relationship
On August 16, 1990,
the wife filed for a verified
between parties be legitimate or
petition for declaration of
nullity of marriage on the
illegitimate (Art. 37); ground of psychological
incapacity which was granted
9. Marriages void by reason of public policy by the Regional Trial Court
of La Trinidad, Benguet. On
which are (Art. 38): appeal, the Court of Appeals
affirmed the decision in toto.
a. Marriages between collateral Hence, this present recourse.

blood relatives up to the fourth Issue:

Whether the marriage should be

civil degree; declared void ab initio.

b. Between step-parents and step- Held:

No. The elements for psychological

children;
incapacity are: (a) gravity, (b)
juridical antecedence, and (c)
c. Between the adopting parent and incurability.

adopted child; The following are the guidelines for

interpreting Art. 36 of the Family
d. Between the spouse of adopting Code:

1. The burden of proof to show

parent and adopted child and
nullity of the marriage belongs to
the plaintiff. Any doubt should be
spouse of adopted child and resolved in favor of the existence
and continuation of the marriage
adopting parent; against its dissolution.
2. The root cause of psychological
incapacity must be (a) medically
or
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3. shown to be medically or
clinically permanent or incurable.
 e. Between adopted children of the
clinically identified, (b) alleged in the
adopter; and complaint, (c) sufficiently proven by
experts, (d) clearly explained in the
f. Between parties where one, with the decision.

intention to marry the other, killed the 8. The incapacity must be proven to
be existing at the time of the
celebration of the marriage.
other’s spouse or his own spouse.
9. Such incapacity must also be The
incapacity must be proven to be
Voidable marriages existing at the time of the
celebration of the marriage.
10. Such incapacity must also be
1. Marriage without parental consent where both or shown to be medically or
clinically permanent or incurable.
11. Such illness must be grave
one of the parties is above 18 years old but below
enough to bring about the
disability of the party to assume
21; the essential obligations of
marriage.
2. Either party is of unsound mind; 12. The essential marital obligations
must be those embraced by
3. Consent of either party was obtained by fraud; Article 68 up to 71 of the Family
Code as regards the husband and
4. Consent of either party was obtained by force, wife as well as Articles 220, 221
and 225 of the same Code in
regard to parents and their
intimidation or undue influence; children.
13. The purpose of including
5. Physical incapability of consummating the psychological incapacity in the
Family Code is to harmonize civil
marriage, such incapacity continues and appears to law with religious faith. Ideally-
subject to our law on evidence-
be incurable; and what is decreed as canonically
invalid should also be decreed
invalid.
6. Affliction of sexually transmissible disease found to
14. The trial court must order the
prosecuting attorney or fiscal and
be serious and appears to be incurable. the Solicitor General to appear as
counsel of the state. No decision
shall be handed down unless the
The following constitutes fraud: Solicitor General issues a
certification.
a. Non-disclosure of a previous conviction by final
Hence, the petition is granted.
The ruling of the Regional Trial
judgement of a crime involving moral turpitude;
Court is reversed and set aside.
b. Concealment of pregnancy by a man other than

the husband;

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 c. Concealment of sexually transmissible disease, regardless of its nature, existing at the time of

the marriage; and

d. Concealment of drug addiction, habitual alcoholism, or homosexuality or lesbianism existing at

the time of the marriage.

Divorce

Generally, divorce is not accepted in the Philippines. Exceptions are those covered by The Code

of Muslim Personal Laws of the Philippines (Presidential Decree No. 1083) and the Article 26 (2) of the

Family Code.

Article 26: All marriages solemnized outside the Philippines, in accordance with the laws in force

in the country where they were solemnized, and valid there as such, shall also be valid in this country,

except those prohibited under Articles 35(1), (4), (5), (6), 36, 37, and 38.

When a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is

thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino

spouse shall likewise have capacity to remarry under Philippine law. (As amended by E.O. No. 227)

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Van Dorn vs J. Romillo Jr., G.R. No. L-68470 (1985)

Facts:

Alice Reyes Van Dorn is a citizen of the Philippines who married Richard Upton, a
citizen of the United States in Hongkong. After 10 years of marriage and two children, they
got divorced in Nevada, U.S.A, where the petitioner subsequently married Theodore Van
Dorn.
One year after, Richard Upton filed a civil case with the Regional Trial Court
Branch 115 in Pasay City praying for the accounting of their business, the Galleon Shop,
and to be given the right to manage the business, on the ground that the business is conjugal
property. He further contends that the divorce is not valid and binding in the Philippines, as
it is contrary to local law and public policy, therefore he has legal standing to claim said
property.
On her part, the petitioner filed for dismissal of the civil case contending that the
private respondent is estopped from laying claim on the alleged conjugal property because
in the divorce proceedings, by which the alien spouse is bound, the private respondent
agreed that they had no community property.
The RTC denied the motion to dismiss on the ground that the property is located in
the Philippines so the divorce decree has no bearing in the case. Hence this petition for
certiorari and prohibition.

Issue: Whether or not the alien spouse, divorced from the Filipina spouse, has legal standing
on the alleged conjugal assets, in the Philippines?

Held:

No. Generally, divorce is not recognized in the Philippines as it is against morals,

good customs and public policy. However, aliens may obtain divorce abroad, which the
Philippines may recognize, provided they are valid according to their national law.
In this case, the divorce in Nevada, USA is valid, thus, in the spirit of comity, it is
recognized as also valid in the Philippines. Hence, the private respondent, as he is bound by
the decision of his own country's Court, which validly exercised jurisdiction over him, and
whose decision he does not repudiate, has no legal standing in the Philippine court as
husband of the petitioner as the divorce legally dissolved their marriage. He is further
estopped by his own representation before the foreign Court in the divorce proceedings,
from asserting his right over the alleged conjugal property. To maintain the petitioner to still
be legally obligated to the divorced husband is a discrimination against her in her own
country.
Hence, it is only just that the petition be granted. The civil case against petitioner
with the RTC is dismissed.

Note: This case was decided before August 3, 1988 when the Family Code took effect. It
became the basis for the codification of Article 26 (2) of the Family Code.

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Title 2-Legal Separation

Legal separation is also called relative divorce. In legal separation, there is no severance of the

vinculum (bond or link), hence it does not affect the marital status of the legally separated. Legal

separation hopes for reconciliation, therefore, the legally separated spouses cannot remarry since doing

so constitutes bigamy. In its simplest definition, it is merely a bed-and-board separation which can be

terminated simply by filing a manifestation of reconciliation in court.

Grounds for a petition for Legal Separation

The grounds for legal separation may exist even after the celebration of the marriage ceremony.

These grounds are enumerated in Article 55 of the Family Code. The child described includes adopted

children.

a. Accepted grounds:

i. Repeated physical
It is not within the province of the courts of
this country to attempt to compel one of the violence or
spouses to cohabit with, and render conjugal
rights to the other… At best, such an order grossly abusive
can be effective for no other purpose than to
compel the spouse to live under the same conduct directed
roof; and the experience of those countries
where the courts of justice have assumed to against the
compel the cohabitation of married couples
shows that the policy of the practice is petitioner, a
extremely questionable.
Arroyo vs Vasquez deArroyo, 42 Phil. 54, 60 as cited
in Lacson vs San Jose- Lacson 24 SCRA 837
common child or

a child of the

petitioner.

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 This excludes the child of the defendant (physically abusive spouse) with another

person other than the defendant.

ii. Physical violence or moral pressure to compel the petitioner to change religious or

political affiliation.

This is different from the preceding paragraph in that it does not have to be a repeated

violence or moral pressure and that violence has to be in relation to religious and political

affiliation.

iii. Attempt of respondent to corrupt or induce the petitioner, common child or a child of the

petitioner to engage in prostitution, or connivance in such corruption or inducement.

This provision desires to protect the child from acquiring habits which are detrimental to

his health, studies and morals. This provision only speaks of prostitution. Also, a simple attempt

already warrants legal separation.

The child discussed does not include the child of the respondent. In such case, the

parental authority of the respondent may be suspended or terminated, as provided in Article

231(2) and 4 of the Family Code.

Article 231: The court in an action filed for the purpose or in a related case may also
suspend parental authority if the parent or the person exercising the same: xxx
(2) Gives the child corrupt orders, counsel or example; xxx
(4) Subjects the child or allows him to be subjected to acts of lasciviousness.

iv. Final judgement of imprisonment of more than six years even if pardoned.

The purpose of this provision is to protect the petitioner and their children from

the stigma caused by imprisonment.

v. Drug addiction or habitual alcoholism.

vi. Lesbianism or homosexuality.

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 Paragraph 5 and 6 are different from the grounds in annulment cases. In annulment,

drug addiction, habitual alcoholism, lesbianism and homosexuality are instances of fraud (Article

46(4) in relation to Article 45(3)) which must exist before the celebration of the marriage and

were concealed by the respondent. In legal separation, these grounds can exist after the

celebration of the marriage.

vii. Bigamous marriage, whether contracted in the Philippines or abroad.

The marriage may be celebrated abroad or in the Philippines as long as the person

contracting the bigamy is a Filipino citizen. In relation to Article 41 of the Family Code, there is

bigamy if the spouse who wishes to remarry did not obtain a judicial declaration of presumptive

death of the first spouse who was absent for four years or two consecutive years. Hence, a

bigamous marriage contracted in relation to Article 41 can be a ground for legal separation.

viii. Sexual infidelity or perversion.

Sexual infidelity simply means having sexual intercourse with another person other than

the husband or wife. Hence, even if the act does not constitute concubinage, it can still be a

ground for legal separation. Also, a divorce by a Filipino citizen and a subsequent marriage

constitutes sexual infidelity since divorce is not accepted in the Philippines, unless such divorce

falls under Article 26(2) of the Family Code.

Sexual perversion, on the other hand, may be committed with the spouse. If the spouse

condones such act, then he cannot raise it as a ground for legal separation since condonation is

tantamount to consent.

ix. Attempt on life.

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 Exception to this are cases of self-defense and the exceptional circumstance of catching

the other spouse in flagrante delicto with another woman or man. The criminal attempt can be

proved by preponderance of evidence. The guilty spouse may be disinherited by the other

spouse or their children even without the filing of legal separation.

x. Unjustified abandonment.

The characteristics of unjustified abandonment are:

1.Intent.

This connotes voluntariness, free will and intelligence. Hence an insane

person who abandons his family is not considered unjustified abandonment.

The intention to separate must not be concurred by both parties. There must be

willful desertion of one by the other.

2.Absolute cessation of marital relations, duties and rights.

3. Without intention to return.

Absence of more than three months is prima facie evidence of no intent

to return to the conjugal dwelling (Article 101 and 128 of the Family Code). This

does not mean that absence for only three months is already an unjustifiable

abandonment. It must still be established that the abandonment is unjustified,

that there is intent and that there is absolute cessation of marital relations,

duties and rights.

4.The abandonment must be for more than one year.

The preceding paragraph only connotes prima facie evidence of intent

not to return. Hence, the abandonment must be for more than one year to

warrant a decree of legal separation.

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 5.The cause for abandonment is unjustified.

The spouse who abandons the other must do so without a reasonable

excuse. Hence, a battered wife who leaves his husband is not unjustified

abandonment and therefore not a ground for legal separation by the husband.

Also, the wife forced to leave by the husband does not constitute unjustified

abandonment.

b. Grounds for the denial of legal separation:

The petition for legal separation shall be denied on any of the following grounds:

i. Condonation.

Condonation is the act of forgiving the offense after its commission. It can be

implied from the acts of the spouse. In Almacen v Baltazar 103 Phil 1147, the Supreme

Court ruled that the fact that the husband gave money to the erring wife and the lack of

action taken against her before the courts of justice is forgiveness amounting to

condonation. On the other hand, if the erring spouse repeats the offense, the

condonation is revoked and legal separation can be filed because condonation implies

future good behavior which is nullified by the repeat of such behavior.

ii. Consent.

iii. Connivance.

In consent, there is prior full knowledge of the act which gave rise to the ground for legal

separation, and that either spouses agreed or did not object to the commission of the act.

Connivance on the other hand constitutes corrupt consent.

iv. Both parties have given ground for legal separation.

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 This provision attempts to inhibit petitions for legal separation when both parties acted

in pari delicto or of equal guilt. It applies the equitable maxim of clean hands where a person

who comes into equity must come with clean hands.

v. Collusion.

Collusion constitutes corrupt agreement. This provision attempts to prohibit false or

fictitious grounds designed to deceive the court.

vi. The action is barred by prescription.

A petition for legal separation must be filed five years or less after the occurrence of the

ground for legal separation. The prescriptive period only takes into account the time when the

ground for legal separation has been committed and not the time of discovery of said ground.

Hence, a wife who discovers the sexual infidelity of his husband six years after its commission is

inhibited by the prescriptive period from filing a petition for legal separation. Justice Puno

explained that this provision attempts to preserve marriage, taking into consideration that a

wrongful act committed five years ago is warrant for forgiveness and not recrimination.

Decree of Legal Separation

a. Procedure

The action for legal separation shall in no case be tried before six months shall have

elapsed since the filing of the petition. An exception to this rule are grounds related to violence

against women and children. These are those enumerated in Article 55(1), (2), (3), (7), (8), (9)

and (10) or physical violence or grossly abusive conduct, physical violence or moral pressure to

compel the petitioner to change religious or political affiliation, prostitution, bigamy, sexual

17
 infidelity or perversion, attempt against life and unjustified abandonment. The main reason for

the cooling off period of six months is to allow the spouses to reconcile.

The main difference of legal separation from annulment or nullity of marriage is the

continued existence of the marriage ties. Hence, upon the filing of the petition for legal

separation, the court should and must take all possible steps to allow for the reconciliation of

the parties. If all reconciliatory acts were exhausted and there is still no reconciliation,

preponderance of evidence is the only needed quantum of evidence to show that the ground for

legal separation has been committed. Confession on the part of the respondent of the

commission of such ground or stipulation of facts do not constitute evidence for the ground of

legal separation. In no case shall the civil case of legal separation be a ground for the suspension

of a criminal case as a prejudicial question. This is because the civil action does not enforce

liability arising from the criminal offense but simply intends to obtain the right to live separately.

Hence a petition for legal separation on the ground of sexual infidelity because of concubinage

may proceed ahead of or simultaneously with a criminal action of concubinage because the civil

action is not one to enforce the liability arising from the offense as provided for in Rule 111

Section 3 of the Rules on Criminal Procedure.

Death terminates the legal separation case because death terminates the jurisdiction of

the Court. The maxim action personalis moritur cum persona or ‘death of one of the party to the

action causes the death of the action itself’ applies even if there is the involvement of property.

b. Effects

Article 63 enumerates the effects of the decree of legal separation. As was discussed in the

definition of legal separation, there is no dissolution of the marriage bond. The spouses are only

entitled to live separately. Other effects includes:

1. Dissolution and liquidation of absolute community or the conjugal property.

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 The offending spouse is forfeited of any right to any share of the net profits

earned by the absolute community or conjugal property. The net profit is the difference

between the market value at the time of the dissolution of the property and the market

value at the time of the celebration of the marriage. It will be forfeited in favor of the

common children, children of the guilty spouse from a previous marriage or the

innocent spouse as provided for in Article 43(2) of the Family Code. In the absence of a

written agreement between the spouses, the court shall designate either of them or a

third person to administer the absolute community or conjugal property. The

administrator shall have the same powers and duties as those of a guardian (Article

61(1) of the Family Code).

2. Custody of minor child.

The minor child shall be awarded to the innocent spouse subject to the provisions

of Article 213 which states that a child under seven years of age shall not be separated

from the mother unless the court finds compelling reasons to order otherwise. Also, the

choice of a child over seven years of age shall be taken into account by the Court.

3. Intestate and testate disqualification.

Article 921 (4) of the Civil Code allows for the disinheritance of a spouse even if

the spouse has not yet been found guilty of committing the cause for legal separation.

The intestate disinheritance is not revoked upon the manifestation of reconciliation.

4. Revocation of donation and designation as insurance beneficiary.

This revocation is the choice of the innocent spouse and is not mandatory after

the decree of legal separation. The prescriptive period for the revocation of the

donation must be within five years after the decree of legal separation. On the other

hand, the revocation of designation as insurance beneficiary does not have a

17
 prescriptive period but shall take effect after a written notification was given to the

insured spouse.

c. Reconciliation

If the spouses decide to reconcile, a joint manifestation under oath duly signed by the spouses

shall be filed in the court where the petition for legal separation was submitted. If the legal separation is

still under proceedings, it shall be terminated no matter which stage it may be. If there is already a

decree of legal separation, it shall be set aside but the separation of property and the forfeiture of the

share of the guilty spouse on the net profit shall subsist unless they agree to revive the former property

regime. The agreement to revive the former property regime shall be executed under oath and shall

specify the properties to be restored or those to be retained separate. It shall also list the name of

creditors, their addresses and the amounts due. A creditor not specified in the list is not prejudiced.

17
 For though in particular cases, the repugnance of the
law to dissolve the obligations of matrimonial
cohabitation may operate with great severity upon
Title 3- Rights and individuals, yet it must be carefully remembered that
the general happiness of the married life is secured by
Obligations between Husband its indissolubility. When people understand that they
must live together, except for a very few reasons
and Wife known to law, they learn to soften by mutual
accommodation that yoke which they knew they
cannot shake off; they become good husbands and
good wives; for necessity is a powerful master in
teaching the duties which it imposes…
Lacson vs San Jose-Lacson 24 SCRA 837 citing Arroyo vs
Rights and Obligations Vasquez de Arroyo, 42 Phil. 58-59

The essential obligations of marriage are:

i. Live together.

This entails physically staying in one conjugal home or domicile. The Court does not

have judicial authority to compel a spouse who leaves the conjugal home to return. The

Court can only remind the spouse that it is her duty to return (Arroyo v Arroyo 42 Phil. 54).

ii. Observe mutual love, respect and fidelity.

This includes the duty for copulation. One of the basic ends of marriage is to have

children.

iii. Render mutual health and support.

This entails the right and therefore the duty of consortium or the right of the spouse to

count on his spouse’s assistance.

Other rights and obligations includes:

i. Fixing of domicile.

17
 Both the husband and wife shall fix the family domicile. In case of disagreement, the

Court is given authority as a third party to the marriage to decide. The judicial proceeding

shall be summary in nature in accordance with Article 253 of the Family Code. The domicile

in this case is the permanent residence where both parties intend to return.

A minor follows the domicile of his parents. The wife or husband, upon the death of the

other, may choose to return to his domicile of origin as in the case of Romuladez-Marcos v

Comelec 248 SCRA 300. Exception to this is when the spouse validly live abroad or live

separately for other valid or compelling reasons.

A case filed on the ground that the wife or husband refuses to return to their conjugal

home is not within the jurisdiction of the court.

ii. Family support.

The spouses are jointly responsible for the support of the family. Sources of the

economic support, in order, are:

a. Community property;

b. Income or fruits of separate properties; and

c. Separate properties.

iii. Management of household.

The expenses of for the management of household shall be paid in accordance with the

preceding paragraph.

Relief

Relief by the aggrieved spouse can be sought if the erring spouse committed the following:

a. Neglect of duties of conjugal union

b. Commits acts which tend to bring danger, dishonor or injury to the other spouse or the family.

17
The types of relief can be as follows:

a. Petition for legal separation;

b. Petition for the nullification of the marriage; and

c. Petition for receivership, judicial separation of property, or for authority to be the sole

administrator of the community property or conjugal partnership subject to the conditions of

Article 101 and 128.

Legitimate Profession

Either spouse is entitled to exercise legitimate profession, occupation, business or activity

without the consent of the other except when the profession, occupation, business or activity is

against valid, serious and moral grounds. In case of disagreement, the Court shall decide whether or

not the objection is proper or the benefits from the profession accrued to the family. If there are

obligations incurred by the spouse and the benefits of the profession accrued to the family prior to

the objection, the obligation shall be enforced against communal property. If the benefits accrued

after the objection, the obligation shall be enforced against the separate property of the spouse

who did not obtain consent. For this to apply, the innocent spouse must not have any knowledge of

the act. If the court finds the profession objectionable, it shall be judicially stopped.

17
 Title 4- Property Relations between the Husband and Wife

Governing Principles

The property relations between the husband and wife shall be governed by the following:

a. Marriage settlements executed before the marriage.

Marriage settlements are also called ante-nuptial agreements or prenuptial agreements.

The marriage settlement is an agreement made in writing governing the regime of absolute

community, conjugal partnership of gains, complete separation of property or any other regime

which the future spouses must sign before the celebration of the marriage.

The marriage settlement should not prejudice a third person unless it was registered in

the local civil registry. In case there is no marriage settlement or the marriage settlement is

declared void (e.g. oral agreement) the absolute community of property shall govern, with the

exception that when one of the spouses die without any judicial or extrajudicial settlement of

properties within one year from the death of the spouse, complete separation of property and

not absolute community of property shall govern.

The importance of a marriage settlement is to prevent strife, secure peace, adjust rights,

and settle the question of marital rights in property to prevent family dispute.

17
b. Provisions of this code.

Provisions of the Family Code governing property relations between husband and wife

are provided in Article 66, 67, 128, 135, and 136. These provisions can modify the marriage

settlement post celebration of marriage provided that there is judicial approval.

Article 66 provides that separation of property shall subsist in case there is

reconciliation after the filing of legal separation, unless both spouses agree to revive their

former property regime. Article 67 specifies the contents of the agreement to revive the former

property regime which are: 1) properties to be contributed anew; 2) properties which are

retained as separated; and 3) names of creditors, address and amounts owed. Article 128

provides that in case of unjust abandonment or failure to comply with family obligations, the

aggrieved spouse may file for receivership, judicial separation of property, or for authority to be

the sole administrator of the conjugal partnership property. Article 135 enumerates the grounds

for judicial separation of property while Article 136 states that spouses may jointly file for the

voluntary dissolution of the absolute community or the conjugal partnership of gains and for the

separation of common properties.

c. Local customs.

Local customs govern property relations between husband and wife if:

1.The marriage settlement specifically provided that local customs shall govern;

and

2.The marriage settlement specifically provided that absolute community shall not

govern their property relations and that no other alternative property regime

was provided.

17
Note: If the marriage settlement defaulted both absolute community and local customs as governing

regimes, then the marriage settlement shall be declared void because it violates Article 74 which is a

mandatory provision. Article 5 of the Civil Code provides that acts executed against mandatory

provisions shall be invalid and void.

Void marriage settlement

The following are considered void marriage settlement:

a. Marriage settlement agreed upon orally and not in writing;

b. Marriage settlement executed after the marriage;

c. Marriage settlement without a marriage taking place (Article 81). An exception to this are those

stipulated in the marriage settlement which are not dependent on the celebration of the

marriage and can be independent from the other provisions stipulated in the marriage

settlement. Example is the support of a common child.;

d. Marriage settlement modified after the marriage except modifications provided for in Article 66,

67, 128, 135 and 136;

e. Marriage settlements prejudicing one of the parties except when said party understands and

waives his right;

f. Marriage settlement stipulating donations to be granted during and not before the marriage;

and

g. Marriage settlement stipulating conjugal property of gains and absolute community of property

to start at the time other than the precise moment of the celebration of marriage.

Minority and civil interdiction

Article 78 and 79 provides for the limitations regarding marriage settlement executed by a minor

and a person sentenced with civil interdiction. A minor as defined in R.A. No. 6809 or the Emancipation

17
and Age of Majority Act is a person below 18 years of age. A person with civil interdiction is defined by

Article 34 of the RPC as a person deprived of rights of parental authority, or guardianship either as a to

the person or property of any ward, of marital authority, of the right to manage his property, and of the

right to dispose of such property by any act or any conveyance inter vivos.

Article 78 states: A minor who according to law may contract marriage may also execute his or

her marriage settlements, but they shall be valid only of the persons designated in Article 14 to give

consent to the marriage are made parties to the agreement, subject to the provisions of Title IX of this

Code. Article 79 provides: For validity of any marriage settlements executed by a person upon whom a

sentence of civil interdiction has been pronounced or who is subject to any other disability, it shall be

indispensable for the guardian appointed by a competent court to be made party thereto. Minority and

civil interdiction restricts the capacity to act. Hence, parents, legal guardian or guardian appointed by a

competent court should be made party to the contract and must give consent for the contract to be

valid.

Rules Governing Property Relations

As a general rule, Philippine laws shall govern the property relations of the husband and wife

regardless of the place of celebration and residence.

Exceptions are:

a. If both spouses are aliens.

b. Valid contracts affecting property situated properties outside of the Philippines and executed in

the country where the property is located.

17
 Article 16 of the Civil Code states that real property as well as personal property are

governed by the law of the country where they are situated.

c. Valid contracts executed in the Philippines but affects property situated in the foreign country

whose laws require different formalities for its extrinsic validity.

In such cases, foreign law shall govern.

Donations by Reason of Marriage

Donation by reason of marriage is known as donation propter nuptias. The characteristics are:

a. Made before the celebration of the marriage.

Donations made after are considered void as provided in Article 87 which states: Every donation

or grant of gratuitous advantage, direct or indirect, between the spouses during the marriage shall

be void, except moderate gifts which the spouses may give each other on the occasion of any family

rejoicing. The prohibition shall apply to persons living together as husband and wife without a valid

marriage.

The reason for the prohibition is to prohibit donations which are given because of fear of undue

and improper pressure or influence by the donee.

Indirect donations are donations of a spouse to:

a. Stepchild whose only compulsory and/or legal heir is the other spouse;

b. Common child whose only compulsory and/or legal heir is the other spouse;

c. Parents of the other spouse;

d. Adopted child of the other spouse whose only compulsory and/or legal heir is the other

spouse; and

e. Common adopted child whose only compulsory and/or legal heir is the other spouse.

17
 They are indirect donations because the donation will be inherited by the other spouse

if the donee dies. If the donee gives birth to an heir, the donation will still be void because it

has been void from its inception. Exception though are donations to common legitimate

child for the exclusive purposes of commencing or completing a professional or vocational

course or other activity for self-improvement.

In relation to reversa troncal or reservation of property inherited within the same blood-

line, the void donation of a descendant to his ascendant can only be contested by the

relatives affected, hence reversa troncal still operates even if in the first place, the donation

to the ascendant is void.

b. Made in consideration of the marriage.

Hence donations with conditions (like the condition that the marriage should be childless or

donations made in favor of the parents) are invalid because the cause or motive for the donation are

those other than the celebration of marriage.

c. Made in favor of one or both future spouses.

d. Governed by the rules on ordinary donations established in Title III of Book III of the Civil Code which

are:

1. Must be accepted by the donee personally or through authorized person, otherwise

the donation shall be void;

2. The acceptance must be during the lifetime of the donee and donor;

3. Movable donations may be made orally provided that the thing is delivered

simultaneously;

4. Personal property exceeding Php 5,000.00 must be made in writing, otherwise the

donation shall be void; and

17
 5. Immovable donation must be made in a public document.

e. Cannot exceed 1/5th of their present property if the regime governing their property relations on the

marriage settlement is a regime other than absolute community of property (Article 84).

This is because in absolute community of property, the spouses becomes co-owners of whatever

each of them owns before the marriage and whatever they acquire after the marriage except those

enumerated in Article 92 (property acquired during the marriage by gratuitous title unless expressly

provided by the donor, testator or grantor; property for personal and exclusive use of the spouse

except jewelry; and property acquired before the marriage by a spouse who has legitimate

descendants by a former marriage). Also, the limit of 1/5 th allows the would-be spouse to be

generous but at the same time prevents unduly capitalization of the donee-would-be spouse. It

should be noted that Article 84 only applies to donation propter nuptias, hence donations not

stipulated in the marriage settlement but in another deed are governed by the Civil Code especially

Article 750 which disallows donations of all present property when the donor does not reserve some

property for his support and his dependents; and Article 752 when the donor is donating more than

he may give in a will.

f. Donations of future property shall be governed by the provisions on testamentary succession and the

formalities of wills.

The donation of future property may be handwritten. If not, it must be subscribed by the donor

at the end of the will. The will must be acknowledged before a notary public by the donor and the

witnesses.

g. Donations by reason of marriage of property subject to encumbrances shall be valid.

The donee’s rights is subject to the encumbrance. Encumbrances may be unpaid debt by donor,

lien, or mortgage.

17
Revocation of donation propter nuptias:

A donation by reason of marriage is revocable in the following cases:

1. If the marriage is not celebrated or judicially declare void ab initio except donations made in the

marriage settlements, which shall be governed by Article 81.

a. Marriage not celebrated.

Article 81 states that stipulations in the marriage settlement with relation to

donations which do not depend upon the celebration of the marriage shall be valid. The

prescriptive period of declaring the donation void is 5 years from the time the

celebration of marriage would have occur. There is no prescription if the donation is

stipulated in the marriage settlement. If the donation is not a donation propter nuptias,

it shall remain effective if it complies with Title III Book III of the Civil Code.

b. Marriage judicially declared void ab initio.

Instances where the donation is revoked because the marriage is judicially

declared void ab initio are:

i. No judicial declaration of nullity of marriage (Article 40 in relation to Article 52

and 53). If the spouse whose marriage is void ab initio contracts a subsequent

marriage and becomes a donee in the subsequent marriage knowing that the

subsequent marriage is void because there is no judicial declaration of marriage

of his previous void marriage, the donation shall be revoked because the donee-

spouse acted in bad faith.

ii. Judicial declaration of presumptive death (Article 41 in relation to Article 44).

17
 Both spouses in a subsequent marriage where one of them was

previously married and had obtained a judicial declaration of presumptive death

acted in bad faith, the marriage shall be void and the donation will also be void

by operation of law. Acting in bad faith includes knowing that the presumptively

dead spouse is actually alive.

iii. Other grounds for the declaration of the nullity of marriage not included in the

two preceding paragraphs.

This includes marriage void ab initio because of legal incapacity of

contracting parties, lack of marriage license, no authority of solemnizing officer

provided the contracting parties acted in good faith, bigamous and polygamous

marriage, mistake of identity, psychological incapacity already existing before or

at the time of the celebration of the marriage and incestuous marriage.

2. When the marriage takes place without the consent of the parents or guardian, as required by

law.

This contemplates a marriage where one or both of the parties is above 18 years old but

below 21. If there is no consent, then the marriage becomes annullable. The donation can be

revoked even if there is no judicial declaration of annulment yet. The prescriptive period is five

years after knowing the non-existence of consent and after the marriage.

3. When the marriage is annulled and the donee acted in bad faith.

The donation is revoked by operation of law as stated in Article 43(3) since the donee

acted in bad faith. There is no need to file an action to revoke the donation in such case.

4. Upon legal separation the donee being the guilty spouse.

17
 The donor has the option either to revoke or not to revoke the donation. An exception is

when the ground for legal separation is sexual infidelity, in such case, the donation is void. The

prescriptive period is 5 years from the finality of the decree of legal separation.

5. If it is with a resolutory condition and the condition is complied with.

A resolutory condition is one of which the happening of an event extinguishes an

obligation. In an obligation subject to a resolutory condition, the thing is delivered to the other

party and the latter acquires ownership over the same subject to the condition that if the event

happens, the obligation is extinguished. In this case, if the resolutory condition has been

complied with, the donation may be revoked by the donor.

6. When the donee has committed an act of ingratitude as specified by the provisions of the civil

code on donations in general.

Acts of ingratitude are (Article 765 of the Civil Code):

i. Donee committed some offense against the person, the honor or property of the

donor, or of his wife or children under parental authority;

ii. The donee imputes to the donor any criminal offense, or any act involving moral

turpitude, even though he should prove it, unless the crime or act has been

committed against the donee himself, his wife or children under his authority;

and

iii. He unduly refuses the donor support when the donee is legally or morally bound

to give support to the donor.

The prescriptive period is one year from the time the donor has knowledge of the fact of ingratitude.

Note: Article 739 of the Civil Code provides that donations made by persons who were guilty of

adultery or concubinage at the time of the donation is void.

17
Property Regimes

The following are the property regimes that may govern the property relations between husband and

wife:

a. Absolute Community of Property (ACP);

b. Conjugal Partnership of Gains (CPG);

c. Absolute Separation of Property (ASP); and

d. Property Regime of Unions Without Marriage.

Table No. 3. Difference between the Absolute Community of Property and Conjugal Partnership of
Gains Property Regimes.
Property Regimes System of Absolute Community Conjugal Partnership of Gains
Commencement At the precise moment of the celebration of marriage
No waiver of rights, interests, shares and effects except in case of judicial
Waiver
separation of property
Governing rule Co-ownership Rules on contract of partnership
Constituent All property owned by the spouses at 1. All property acquired during
the time of the celebration and those the marriage, whether the
acquired after. acquisition appears to have
been made, contracted or
registered in the name of one
or both spouses
2. Property acquired by onerous
title from common fund
3. Property acquired through
industry, labor and
profession and through
occupation
4. Fruits and earnings from
properties

17
 5. Hidden treasure
6. Livestock
7. Property obtained by chance
1. Those provided in the marriage
settlement
2. Property acquired during the
marriage by gratuitous title, and
the fruits as well as the income
thereof. (Exception, when 1. Property brought to the
otherwise granted by the donor, marriage as his own
testator or grantor) 2. Property acquired during the
Exclusive property
3. Property or personal and marriage by gratuitous title
of each spouse
exclusive use (Exception: 3. Property acquired by right of
jewelry of substantial amount). redemption, barter or
The property must not be of exchange using own property
substantial amount.
4. Property acquired before the
marriage by the spouse with
legitimate descendants by a
former marriage.
1. Support
1. Support 2. Debts and obligations
2. Debts and obligations 3. Taxes, liens, charges and
3. Taxes, liens, charges and expenses
Charges Upon and
expenses 4. Antenupial debts
Obligations
4. Antenuptial debts 5. Donation to legitimate child
5. Donation to legitimate child 6. Expenses of litigation
6. Expenses of litigation 7. Personal debt if it redounded
to the family
Joint administration. In case of disagreement, the husband’s decision prevails
Administration subject to recourse to the court by the wife, with the prescriptive period of not
more than 5 years.
1. Upon death of either spouse
2. When there is a decree of legal separation
Dissolution
3. Marriage is annulled or declared void
4. In case of judicial separation during marriage under Art. 134-138.
Upon dissolution and liquidation of the
Upon dissolution of the partnership,
community property, what is divided
the separate property of the spouses
Effect of equally between the spouses or the
are returned and only the net profits
Dissolution heirs is the net remainder of the
of the partnership are divided equally
properties of the absolute community
between the spouses.
property.

Separation of Property During Marriage

17
 Table No. 4. Causes for judicial separation of property and the grounds for the return to the previous
regime.
Sufficient Causes for Judicial Separation of Grounds for Return to Previous Regime (Art.
Property (Art. 135) 141)
1. Civil interdiction Termination of civil interdiction
2. Judicially declared absentee Reappearance
3. Loss of parental authority Judicial restoration of parental authority
4. Abandonment and failure to comply with
Resumption of common life
obligations
5. Abuse of power as administrator Court authorization
6. Separation in fact for at least one year and
Reconciliation and resumption of common life
reconciliation is improbable
7. Voluntary dissolution of absolute
community of property or conjugal Agreement to revive former property regime
partnership upon joint petition

Property Regime of Unions Without Marriage: Special Kind of Co-ownership

Table No. 5. Property Regime governing unions without marriage.

Union without Marriage Art. 147 (Informal Civil Art. 148 ( Presence of Legal
Relationship) Impediment)
The man and woman are not
The man and woman must be capacitated to marry each
capacitated to marry each other, other.
live exclusively as husband and
wife and be without the benefit Adulterous relationship even if
of marriage or under a void it occurred before the
marriage (void because of effectivity of the Family Code.
psychological incapacity, acting in
Applicability
bad faith on a subsequent Bigamous or polygamous
marriage, no judgement of marriage.
annulment or absolute nullity,
and absence of: consent, Incestuous void marriage under
authority of solemnizing officer, Art. 37.
valid marriage license, and
marriage ceremony). Void marriage by reason of
public policy under Art. 38.
Salaries and wages Owned in equal share Separately owned
Properties acquired through
Remains exclusive Remains exclusive
exclusive funds
Properties acquired by both Owned in common in
through joint contribution of Co-owned proportion to their respective
money, property, or industry contribution
Properties acquired while living Owned in equal shares; Without proof of actual
together presumption of joint acquisition contribution by both parties,

17
 there can be no presumption of
co-ownership and equal
sharing
If one of the parties is in bad
faith, the shares shall be
forfeited: In bigamous marriage, the
1. In favor of their common share of the married party is
children part of the conjugal property or
2. In case of default or of community property of the
Valdez vs RTC Branch 102 of Quezon City G.R.byNo.
waiver 122749
any or allJuly
of 31,valid
1996marriage.
the common children or
Forfeiture
Facts: their descendant, each If the party who acted in bad
Antonio Valdez and Consuelo Gomez were married on January 5, 1971. They had five
vacant share shall belong faith is not validly married, the
children. On June 22, 1992, petitioner sought to declare the marriage void on the ground of
to the respective share is forfeited in favor of
psychological incapacity. The RTC granted the petition, giving custody to the two minor children to
surviving descendants children, descendants of
the mother. The parties were then directed to start proceedings on the liquidation of their common
3. In absence of children, and in the absence
properties as defined by Article 147 of the Family Code, and comply with the provisions of Articles
descendants, it shall there of, the innocent spouse.
50, 51, and 52 of the Family Code.
belong to the innocent
Cosuelo Gomez sought a clarification of the portion directing compliance with Articles 50, 51
partystating that considering that Article 147 of the Family
and 52. The trial court made the clarification
Code explicitly provides that the property acquired by both parties during the union are presumed to be
obtained through joint efforts, the co-ownership applies and the family home and their properties are in
equal shares.
Petitioner moved for reconsideration which was denied hence this petition.

Issue:
a. Whether or not Article 147 of the Family Code does applies to cases where the parties are
psychologically incapacitated.
b. Whether or not Articles 50, 51 and 52 in relation to Articles 102 and 129 of the Family Code
should govern the disposition of the family dwelling in cases where a marriage is declared
void ab initio on the ground of psychological incapacity.

Held:

a.

Yes. In void marriages, regardless of the cause thereof, the property relations of the parties
during the period of cohabitation is governed by the provisions of Article 147 or 148 such as the
case may be. In this case, Article 147 applies which states:

Article 147: When a man and a woman who are capacitated to marry each other, live
exclusively with each other as husband and wife without the benefit of a marriage or under a
void marriage, their wages and salaries shall be owned by them in equal shares and the
property acquired by both of them through their work or industry shall be governed by the
rules on co-ownership.

17
 b.

No. The provisions of Article 102 and 129 of the Family Code is not applied since
Article 102 refers to the procedure for liquidation of the conjugal partnership property and
Article 129 refers to the procedure for the liquidation of the absolute community of property.
Article 147 specifically provides that the liquidation of properties in marriages declared void
shall be governed by the rules of co-ownership.

Title 5- The Family

The Family as an Institution

17
 The family, being the foundation of the nation, is a basic social institution which public policy

cherishes and protects. Consequently, family relations are governed by law and no custom, practice or

agreement destructive of the family shall be recognized or given effect.

Family Relations:

The State recognizes the sanctity of family life

Family relations include those between and shall protect and strengthen the family as a
basic autonomous social institution. It shall
husband and wife, between parents and
equally protect the life of the mother and the life
children and among brothers and sisters, of the unborn from conception. The natural and
primary right and duty of parents in the rearing
whether of the full or half-blood. Being part of of the youth for civic efficiency and the
development of moral character shall receive
the family relation, no suit should prosper
the support of the Government.
between members of the same family unless it Article II, Section 2 of the 1987 Philippine Constitution

should appear from the verified complaint or

petition that earnest efforts toward a

compromise have been made, but that the same have failed. Otherwise, if no such effort is made, the

case will be dismissed. Exception to this compromise rule are:

a. Inclusion of a stranger in the suit between family members

b. Cases between family members which may not be the subject of compromise. These are the

civil status of persons, validity of a marriage or of legal separation, any ground for legal

separation, future support, jurisdiction of courts and future legitimes.

c. Special proceedings like petition for settlement of estate guardianship and custody of children

and habeas corpus.

17
 d. Criminal cases except the absolutory cause on crime of theft, swindling or malicious mischief.

Thus, in such cases, the criminal liability of a family member committed against another family

member is extinguished or absolved, although the civil liability is not.

The Family Home

The family home, constituted by the husband and wife or by an unmarried head of a family, is the

dwelling house where they and their family reside, and the land on which it is situated. The family home

is deemed constituted (established) on a house and lot from the time it is occupied as a family

residence. From the time of its constitution and so long as any of its beneficiaries actually reside therein,

the family home continues to be such and is exempt from execution, forced sale or attachment except

as hereinafter provided and to the extent of the value allowed by law. Exception to the exempt from

execution, forced sale or attachment are:

a. amount obtained from the sale of the family home which may be taken by the creditor or

obligee,

b. Non-payment of taxes

c. Debts incurred prior to the constitution of the family home

d. Debts secured by mortgage on the premises before or after such constitution

e. Debts due to laborers, mechanics, architects, builders, materialmen and others who have

rendered service or furnished material for the construction of the building.

f. Family home with a value of more than Php 300,000.00 in urban areas and Php 200,000.00 in

rural areas.

17
Beneficiaries:

The beneficiaries of a family home are the husband and wife or an unmarried person who is the

head of the family; and their parents, ascendants, descendants, brothers and sisters, whether the

relationship be legitimate or illegitimate, who are living in the family home and who depends upon the

head of the family for legal support. For the purpose of availing of the benefits of a family home, a

person may constitute, or be the beneficiary of, only one family home. All existing residences at the time

of the effectivity of the Family Code are considered family homes and are prospectively entitle to the

benefits accorded to a family home under the Family Code.

Title 6- Paternity and Filiation

17
 Filiation is defined in the Black’s Law dictionary as the descent of son or daughter with regard to

his or her father, mother, and their ancestors. The filiation of children may be by nature or by adoption.

Natural filiation may be legitimate or illegitimate.

Classifications of Filiation

The four classifications of filiation with respect to the child are:

a. Legitimate children;

b. Illegitimate children;

c. Legitimated children; and

d. Adopted children.

Table No. 6. Legitimate, Illegitimate and legitimated children and their differences.
Parameters Legitimate Children Illegitimate Children Legitimated Children
Children conceived or born
outside of wedlock of
parents who, at the time of
the conception of the
former, were not
disqualified by any
Children conceived
impediment to marry each
or born during the
Children conceived and other, or were so
marriage of the
born outside a valid disqualified only because
parents, and those
marriage except when either or both of them were
conceived by
the invalidity are due to so below 18 years of age,
Definition artificial
the grounds of may be legitimated (Art.
insemination with
psychological incapacity 177 of the Family Code as
the ratification of
and Article 53 of the amended by R.A. 9858, Dec.
the parents (Art.
Family Code. 20, 2009).
164 of the Family
Legitimation shall take place
Code).
by a subsequent valid
marriage between parents.
The annulment of a
voidable marriage shall not
affect the legitimation.

Rights:

17
 Surname of the Surname of the father and
Surname of the mother.
father and the the mother in the
The surname of the
mother, in subsequent valid marriage
father may be used if
Use of Surname conformity with the where the legitimation took
the filiation has been
provisions of the place, in conformity with
expressly recognized by
Civil Code on the provisions of the Civil
the father
Surnames. Code on Surnames.
Supported by both
parents, their
ascendant, and in Supported by both parents,
proper cases, their their ascendant, and in
brothers and Supported in conformity proper cases, their brothers
Support
sisters, in with the Family Code. and sisters, in conformity
conformity with the with the provision of the
provision of the Family Code on Support.
Family Code on
Support.
Full legitimes and other
successional rights under
Full legitimes and the Civil Code.
other successional ½ of the legitime of the The legitimation of children
Legitime
rights under the legitimate child who died before the
Civil Code. celebration of the marriage
shall benefit their
descendants.
The action to claim
legitimacy may be
brought by the child
during his or her Legitimation may be
The action to claim
lifetime. However, if the impugned only by those
legitimacy may be
Prescriptive action is based on the who are prejudiced in their
brought by the child
period open and continuous rights, within 5 years from
during his or her
possession of the status the time their cause of
lifetime.
of a legitimate child, the action accrues.
action may be brought
during the lifetime of
the alleged parent.
The right to claim
may be transmitted
Transmissibility to the heirs should
of Right to File the child die during The right to claim is not
-
an Action to minority or in a transmissible.
Claim Legitimacy state of insanity. It
should be instituted
within 5 years.

17
Legitimated Children

Children conceived or born outside of wedlock of parents who, at the time of the conception of

the former, were not disqualified by any impediment to marry each other, or were so disqualified only

because either or both of them were so below 18 years of age, may be legitimated (Art. 177 of the

Family Code as amended by R.A. 9858, Dec. 20, 2009).

Legitimation shall take place by a subsequent valid marriage between parents. The annulment of

a voidable marriage shall not affect the legitimation.

Grounds for Impunity

The legitimacy of a child may be impugned only on the following grounds:

1. Physical impossibility of sexual intercourse by the husband to his wife within the first 120 days

of the 300 days which immediately preceded the birth of the child because of:

a. Physical incapacity;

b. Living separately; and

c. Serious illness.

2. Biological or scientific proof except for children conceived by artificial insemination authorized

by the parents.

3. The written authorization in case the child was conceived by artificial insemination was obtained

through mistake, fraud, violence, intimidation or undue influence.

In cases of remarriage, the legitimacy of the child in relation to the second husband may be

impugned if the child was born before 6 months (specifically 180 days) following the celebration of

17
 the subsequent marriage, even though it be born within 300 days after the termination of the

former marriage.

Prescriptive period:

The right to impugn is accorded to the husband and his heirs. The prescription is 1 year from the

knowledge of the birth or its recording in the civil registrar if the husband and his heirs live in the same

city or municipality where the child was born or was recorded; 2 years if they reside in a different

locality in the Philippines; and 3 years if they live abroad. The reckoning point is the discovery of the

birth in cases where the birth was concealed.

Proof of Filiation

The most valid proof of filiation is the fact that the child was born or conceived in a valid marriage.

However, if these proof filiation attains great weight and significance were the child be born 300 days

following the termination of the marriage and no subsequent marriage has been entered into.

The primary proof of filiation are:

a. Record of birth appearing in the civil registrar or a final judgement; or

b. An admission of legitimate filiation in a public document or private handwritten instrument and

signed by the parent concerned.

The secondary proof of filiation in the absence of the primary are:

a. Open and continuous possession of the status of a legitimate child; or

b. Any other means allowed by the Rules of Court and special laws. This includes DNA analysis.

17
Mendoza vs Court of Appeals and Teopista Tuñacao G.R. No. 86302 September 24, 1991

Facts:
Teopista Tuñacao claims to be the illegitimate daughter of petitioner Casimiro Mendoza but
the latter denied it to his dying day.

Issue: Whether or not filiation has been established pursuant to Article 175 in accordance to Article
172 of the Family Code.

Held:
Yes. Article 172 states:
Article 172: xxx In the absence of the foregoing evidence, the legitimation filiation shall be
proved by: (1) The open and continuous possession of the status of a legitimate child; or any
other means allowed by the Rules of Court and special laws.
Article 175 states that illegitimate children may establish their illegitimate filiation in the
same way and on the same evidence as legitimate children.
Both the RTC and CA focused on the question of whether or not private respondent was in
continuous possession of her claimed status of an illegitimate child. In such, continuous does not
mean that the concession of status shall continue forever but only that it shall not be of an
intermittent character while it continues. The possession of such status means that the father treated
the child as his own, directly and not through others, spontaneously and without concealment though
without publicity. There must be a showing of the permanent intention of the supposed father to
consider the child as his own, by continuous and clear manifestation of paternal affection and care.
Although private respondent failed to show that she was in open and continuous possession
of the status of an illegitimate child, she has established that status in accordance to “any other means
allowed by the Rules of Court and special laws”. Section 39, Rule 130 of the Rules of Court
provides:
Section 39. Act or declaration about pedigree. The act or declaration of a person deceased,
or unable to testify, in respect to the pedigree of another person related to him by birth or
marriage, may be received in evidence where it occurred before the controversy, and the
relationship between the two persons is shown by evidence other than such act or
declaration. The word “pedigree” includes relationship, family genealogy, birth, marriage,
death, the dates when and the places where these facts occurred, and the names of relatives.
It embraces also facts of family history intimately connected with pedigree.
The following requisites have to be complied with before the act or declaration regarding
pedigree may be admitted in evidence: (1) The declarant is dead or unable to testify; (2)the pedigree
must be in issue; (3) the declarant must be a relative of the person whose pedigree is in issue; (4) the
declaration must be made before the controversy arose; and (5) the relationship between the declarant
and the person whose pedigree is in question must be shown by evidence other than such declaration.
All the above requisites are present in the case at bar. The testimony of Isaac Gaudencio, the
nephew of Casimiro, that his uncle was the father of private respondent because his father, Hipolito,
Casimiro’s brother, and his grandmother, Brigida Mendoza, so informed him is accepted evidence
pursuant to Section 39, Article 130 of the Rules of Court, as allowed in Article 172 of the Family
Code. Hence, private respondent is the illegitimate daughter of petitioner.

17
 In Re: Petition for Adoption of
Michelle Lim and Michael Jude
Title 7- Adoption Lim G.R. Nos. 168992-93 May
21, 2009

Facts:

Herein petitioner Monina

Who may adopt? Lim is an optometrist married to
Primo Lim on June 23, 1974.
Minor children were entrusted to
Any person of age and in possession of full civil
them by Lucia Ayuban. Being
childless, they registered the
capacity and legal rights may adopt, provided he is in a
children to make it appear that
they were the children’s parents.
position to support and care for his children, legitimate or They reared and cared for the
children as their own.
illegitimate, in keeping with the means of the family. Unfortunately, Primo Lim died.
Two years after, Monina Lim
In addition, an adopter must be at least 16 years married Angel Olario, an
American citizen.
On April 24, 2002,
older than the person being adopted, unless the adopter is
petitioner decided to adopt the
children by availing of the
the parent by nature of the adopted, or is the spouse of the
amnesty given under R.A. No.
8552. However, the Regional
legitimate parent of the person to be adopted.
Trial Court Branch 22 of General
Santos City dismissed the petition
on the grounds that the husband
and wife should jointly adopt, a
mandatory requirement laid down
Who may not adopt? in Section 7(c), Article III of RA
8552 and Article 185 of the
Family Code. The petitioner filed
The following persons may not adopt:
for reconsideration which was
denied. Hence, this petition.
1. The guardian with respect to the ward prior to the
Issue: Whether or not joint
approval of the final accounts rendered upon the adoption is mandatory.

termination of their guardianship relation; Held: Yes. Section 7(c), Article

III of RA 8552 provides:
2. Any person convicted of a crime involving moral

turpitude;

3. An alien, except:

17
 Section 7(c). Husband and wife
shall jointly adopt, except in the
a. A former Filipino citizen adopting a relative following cases: (i) if one spouse
seeks to adopt the legitimate
by consanguinity; son/daughter of the other; (ii)if
one spouse seeks to adopt his/her
b. One who seeks to adopt the legitimate own illegitimate son/daughter,
provided however that the other
child of his Filipino spouse; spouse has signified his/her
consent thereto; or (iii) if the
c. One who is married to a Filipino citizen and spouses are legally separated
from each other.
seeks to adopt jointly a relative by In case husband and wife
jointly adopt, or one spouse
consanguinity of his Filipino spouse. adopts the illegitimate
son/daughter of the other, joint
d. Those who are allowed to adopt in parental authority shall be
exercised by the spouses.
accordance with the rules on inter-country The use of the
word shall means that
adoption as may be provided by law. joint adoption by the
husband and wife is
4. Joint adoption by husband and wife when one mandatory. This is in
consonance with the
spouse seeks to adopt his own illegitimate child; concept of joint parental
authority over the
children which is the
5. Joint adoption by husband and wife when one
ideal situation. As the
child to be adopted is
spouse seeks to adopt the legitimate child of the
elevated to the level of a
legitimate child, it is but
other. natural to require the
spouses to adopt jointly.
The rule also insured
harmony between the
spouses. Since the
Who may be adopted? husband did not join in
the petition, and the
petitioner does not fall
Only minors may be adopted, except in cases when under any of the three
exceptions, her petition is
the adoption of a person of majority age is allowed in this denied.
Adoption not
Title. only affects parental
authority but also
Who may not be adopted? legitimacy and
succession. Even if the
children being adopted
The following may not be adopted: are already emancipated,
the petition cannot be
granted for the law is
clear and it cannot be
modified without
violating the proscription 17
 1. A person of legal age, unless he or she is child by nature of the adopter or his spouse, or prior to

the adoption, said person had been consistently considered and treated by the adopter as his or

her own child during minority.

2. An alien with whose government the Republic of the Philippines has no diplomatic relations; and

3. A person who has already been adopted unless such adoption has been previously revoked or

rescinded.

Effects of adoption

The adoption shall have the following effects:

1. Adopted child becomes legitimate child of the adopters;

2. Parental authority by biological parents shall be terminated and transferred to the adopters;

3. Adopted child shall remain as intestate heir of biological parents and other blood relatives.

17
Title 8- Support
Lacson vs Lacson G.R. No. 150644
August 28, 2006

Edward Lacson married Lea

Daban with whom he had two
What comprises support? children. Not long after the birth of the
second child, petitioner Edward Lacson
Support comprises everything indispensable for left the conjugal home, forcing his wife
and children to seek, for financial
sustenance, dwelling, clothing, medical attendance, reasons, shelter first in the home of
Lea’s mother in law and in the home
education and transportation, in keeping with financial of her brother, Noel Daban.
In a note left by Edward, he
capacity of the family, including the education of the committed to give support to his
daughters. Years later, the two
person entitled to the support until he completes his daughters, represented by their
mother, filed a complaint against
education or training, for some profession, trade or Edward for support before the RTC
Branch 33 of Iloilo City.
vocation, even beyond the age of majority. The trial court granted the
petition which, upon appeal by
Edward, the Court of Appeals
confirmed the same, Hence this
petition.
Who are obliged to give support?
Issues:
a. Whether or not petitioner
The following are obliged to support each other to
should pay support in arears
from the time he left to the
the whole extent: time of the petition which he
contends is in violation of
1. The spouses; Article 203 of the Family
Code.
2. Legitimate ascendants and descendants;* b. Whether or not the advances
of support by the respondent’s
uncle should be paid by
3. Parents and their legitimate children and the
petitioner.
Held:
legitimate and illegitimate children of the latter;
a.
Yes. Article 203
4. Parents and their illegitimate children and the
provides that the obligation to
give support shall be
legitimate and illegitimate children of the latter;
demandable from the time the
person who has a right to
5. Legitimate brothers and sisters, whether of the
receive the same needs it for
maintenance, but it shall not
full or half-blood;* be paid except from the date of

17
 6. Not legitimate brothers and sister, whether of
judicial or extrajudicial demand. The
the full or half-blood, except only when the requisite demand for support may not be
in a sense of a formal written demand in
need for support of the brother or sister, being terms and in the imperious tenor
commonly used by legal advocates in a
of age, is due to a cause imputable to the demand letter. It is sufficient that a person
is asked to comply with his obligation to
claimant’s fault or negligence.* support owing to the urgency of the
situation by way of a request or a plea. In
*Note: For num. 2, 5 and 6, only the separate this case, the petitioners went to the house
of their paternal grandmother and asked
property of the person obliged to give support for support from their father. For 21 years
that they needed support, the petitioner
shall be answerable. If the obligor has no complied with his obligation for only two
years. Hence, the decision of the trial
property, it shall be taken from the absolute court is affirmed.
b.
Yes. Article 207 of the
community or conjugal partnership as advance
Family Code states that when a
person obliged to support another
to be deducted upon liquidation.
unjustly refused or fails to give
support when the urgency needed
by the latter, any third person
may furnish support to the needy
individual, with the right to
What are the different kinds of support? reimbursement from the person
obliged to give support.
Contextually, the
Support can be those which are required by law
resulting juridical relationship
between the uncle and the father
(legal support); those required by court (judicial
is a quasi-contract, an equitable
principle enjoining one from
support) which may be claimed pending a legal suit in unjustly enriching himself at the
expense of another.
court (pendent lite) or by final judgment; and Support comprises
everything indispensable for
conventional or support by agreement. sustenance, dwelling, clothing,
medical attendance and
education, in short, whatever is
necessary to keep a person alive.
It is a fact that the sisters
stayed with their uncle the
longest. Logically, the financial
support which the father failed to
Hierarchy of Liability give was provided by the uncle,
owing to consideration of kinship,
through her sister Lea. Pursuant
to Article 207, the uncle can
rightfully exact reimbursement
from the petitioner.
17
 The liability to give support shall devolve upon the following in the order herein provided:

a. The spouse;

b. The descendants in the nearest degree;

c. The ascendants in the nearest degree; and

d. The brothers and sisters.

Title 9- Parental Authority

17
 The sum total of the rights of parents over the persons and property of their emancipated child

is called parental authority or patria potestas.

Parental authority includes the caring for and rearing of children for civic consciousness and

efficiency and the development of their moral, mental and physical character and well-being.

Characteristics of parental authority

1. Parental authority and responsibility cannot be renounced or transferred except in cases

authorized by law;

2. It is jointly exercised by the mother and father. In case of disagreement, the decision of the

father prevails, unless there is a judicial order to the contrary.

3. It is the natural right and duty of the parents.

4. It is purely personal and cannot be exercised through agents.

5. It is temporary and can be removed.

Substitute Parental Authority

In default of parents or a judicially appointed guardian, the following persons shall exercise

substitute parental authority over the child in the order indicated:

1. Surviving grandparents, as provided in Art. 214;

2. Oldest brother or sister, over 21 years old, unless unfit or disqualified; and

3. Child’s actual custodian, over 21 years old, unless unfit or disqualified.

17
 Special Parental Authority

In case of foundlings, abandoned, neglected or abused children and other children similarly

situated, parental authority shall be entrusted in summary judicial proceedings to heads of

children’s homes, orphanages and similar institutions duly accredited by the proper government

agency.

The school, administrators and teachers, or the individual, entity or institution engaged in child

care shall have special parental authority and responsibility over the minor child under their

supervision, instruction or custody.

Effects of Parental Authority

Table No. 9. Effects of parental authority upon person and property of the unemancipated child.
Effects Upon the Person of the Child Effects Upon the Property of the Child
Rights and Duties
1. Keep them in their company, to support, 1. The father and mother shall jointly
educate and instruct them by right precept exercise legal guardianship over the
and good example, and to provide for their property of the child.
upbringing in keeping with their means; If the market value of the property exceeds
2. Give them love and affection, advice and Php50,000.00, the parents are required to
counsel, companionship and understanding; furnish a bond, not less than 10% the value
3. Provide them with moral and spiritual of the property.
guidance, inculcate in them honesty, integrity, 2. The child has the sole ownership of
self-discipline, self-reliance, industry and adventitious property or those
thrift, stimulate their interest in civic affairs, earned and acquired by the child
and inspire in them compliance with the with his work or industry or by
duties of citizenship; onerous or gratuitous title;
4. Enhance, protect, preserve, and maintain their 3. The rights of the parents over the
physical and mental health at all times; fruits and income on the
5. Furnish them with good and wholesome adventitious property shall be
educational materials, supervise their limited primarily to the child’s
activities, recreation and association with support and secondarily to the
others, protect them from bad company, and collective needs of the family;
prevent them from acquired habits 4. Prosfectitous property or property
detrimental to their health, studies and owned by the parents administered
morals; by the child shall have the net
6. Represent them in all matters affecting their proceeds given to the owner. An

17
 interests;
7. Demand from them respect and obedience; allowance shall be given to the
8. Impose discipline on them; administrator child.
9. Perform such other duties as imposed by law.

Parents and other persons exercising parental authority shall be civilly liable for the injuries and

damages caused by the acts or omissions of their unemancipated children subject to the appropriate

defenses provided by law.

Termination of Parental Authority

Parental authority terminates permanently:

1. Upon death of the parents;

2. Upon death of the child;

3. Upon emancipation of the child;

4. If the child has been subjected to sexual abuse by the parent or guardian.

Parental authority terminates temporarily:

1. Upon adoption of the child;

2. Upon appointment of general guardianship;

3. Upon judicial declaration of abandonment of the child in a case filed for the purpose;

4. Upon final judgement of a competent court divesting the party concerned of parental authority;

or

5. Upon judicial declaration of absence or incapacity of the person exercising parental authority.

Suspension of Parental Authority

17
 Parental authority is suspended:

1. Upon the conviction of the parent or the person exercising the same of a crime which carries

with it the penalty of civil interdiction.

2. If the parent or person exercising parental authority:

a. Treats the child with excessive harshness or cruelty;

b. Gives the child corrupting orders, counsel or example;

c. Compels the child to beg; or

d. Subjects the child or allows him to be subjected to acts of lasciviousness.

Note: In no case shall the school administrator, teacher or individual engaged in child care and

exercising special parental authority inflict corporal punishment upon the child.

Title 10- Emancipation and Age of Majority

17
 Emancipation takes place by the attainment of majority. Unless otherwise provided, majority

commences at the age of 18 years.

Effects of emancipation

Emancipation has the following effects:

1. Termination of parental authority over the person or property of the child;

2. The child shall be qualified and responsible for all acts of civil life, save the exceptions

established by existing laws in special cases;

3. Contract marriage provided there is parental consent;

4. The duty and responsibility of parents and guardians for children and wards below 21 years old

mentioned in Article 2180 (obligation of parents on quasi-delict) are not derogated.

17
Title 11- Summary Judicial Proceedings
Uy vs Court of Appeals and Teodoro
in the Family Law Jardeleza G.R. No. 109557
November 29, 2000

Facts:
The following are the matters subject to summary Teodoro Jardeleza, herein
respondent, filed a petition before
proceedings: the RTC Branch 25 of Iloilo City in the
matter of the guardianship of his
1. Petition for judicial authority to administer or father, Dr. Ernesto Jardeleza Sr. who
was comatose, upon learning that
encumber specific separate property of the one of the real properties of his
parents is about to be sold by her
abandoning spouse. mother, herein petition Gilda
Jardeleza to his sister, Glenda Uy and
2. Petition for an order providing for disciplinary his sister’s husband, Jose Uy.
A few days later, respondent
measures over a child. Gilda filed a petition for the
declaration of incapacity of her
3. Petition for approval of bond of parents who husband, assumption of sole powers
of administration of conjugal
exercise parental authority over the property of property and authority to sell the
same at RTC Branch32 of Iloilo City.
their children; The trial court rendered a decision in
favor of Gilda.
4. Judicial declaration pf presumptive death. Teodoro filed for a motion
for reconsideration and a motion for
5. Action of a child for delivery of presumptive consolidation. The court denied the
petition and the case was appealed
legitime. to the Court of Appeals where the
decision was reversed. Hence, this
6. Judicial determination of family domicile in case of appeal.

disagreement between the spouses.

Issue: Whether or not the spouse
may assume sole powers of
7. Objection of one spouse as to the profession of the
administration of the conjugal
property under Article 124 of the
other.
Family Code.
8. Action entrusting parental authority over

foundlings, abandoned, neglected or abused

children to heads and institutions.

17
 Held:
No. In regular
9. Annulment by the wife of the husband’s decision in manner, the rules on
summary judicial
the administration and enjoyment of community or
proceedings under the
Family Code govern the
conjugal property.
proceedings under
Article 124 of the Family
10. Appointment of one of the spouses as sole
Code. The situation
contemplated are: when
administrator but only when the other spouse is
the spouse is absent,
absent, or separated in fact, or has abandoned the separated in fact or has
abandoned the other or
other or consent is withheld. consent is withheld or
cannot be obtained.
Such rules do not apply
to cases where the non-
consenting spouse is
incapacitated or
incompetent to give
consent. The proper
remedy in such case is a
judicial guardianship
proceedings under Rule
93 of the 1964 Revised
Rules of Court.
Even assuming
that the rules of
summary judicial
proceedings under the
Family Cod may apply to
the wife’s administration
of the conjugal property,
the law provides that the
wife who assumes sole
powers has the same
powers and duties as a
guardian under the Rules
of Court. Consequently,
Rule 95 of the Revised
Rules of Court must be
followed and not the
summary judicial
proceedings under the
Family Code.
Hence, the
decision of the trial court
Title 12- Final Provisions is void for lack of due
process. The decision of
the Court of Appeals is
affirmed. 17
Repealing Clause

Article 254 of the Family Code enumerates the provisions repealed by the Family Code. These are:

a. Civil Code of the Philippines (R.A. 386) Titles III, IV, V, VI, VII, VIII, IX, XI and XV of Book I;

b. Child and Youth Welfare Code (P.D. 603) Articles 17,18,19,27,28,29,30,31,39,40,41 and 42; and

c. Other laws, decrees, executive orders, proclamations, rules and regulations or parts thereof

inconsistent with the Family Code.

Separability Clause

Article 255 of the Family Code provides that if any provision of the Family Code is held invalid, all

the other provisions not affected thereby shall remain valid.

Retroactivity

Article 256 of the Family Code allows for the retroactive effect of the Family Code provided that

it does not prejudice or impair vested or acquired rights in accordance with the Civil Code and other

laws.

Effectivity

Article 257 provides for the effectivity of the Family Code which is one year after the completion

of its publication in a newspaper of general circulation and publication in the Official Gazette. The Family

Code took effect on August 3, 1988.

17
References

Flores II, L. et. al. UST Golden Notes 2011. University of Santo Tomas Bar Operations Reviewer.
October 15, 2015.<http://www.academia.edu/>.
Lectures by Judge G.R.T. Manalabe. Introduction to Law. 1 st Semester S.Y. 2015-2016. Laguna State
Polytechnic University College of Law.
Sta. Maria, Melencio S. Jr. Persons and Family Relations Law. 5 th edition. 2010. Rex Printing Company
Incorporated. Philippines.
The Civil Code of the Philippines. Republic Act. No. 386. January 26, 1949.
The Family Code of the Philippines. Executive Order No. 209. August 3, 1988.
The Lawphil Project. Arellano Law Foundation. October 22, 2015. <http://www.lawphil.net/.

17