Civil Law Reviewer 2022
Civil Law Reviewer 2022
CHAPTER 1
General Provisions
Article 37. Juridical capacity, which is the fitness to be the subject of legal relations, is inherent in every natural
person and is lost only through death. Capacity to act, which is the power to do acts with legal effect, is acquired and
may be lost. (n)
Article 38. Minority, insanity or imbecility, the state of being a deaf-mute, prodigality and civil interdiction are mere
restrictions on capacity to act, and do not exempt the incapacitated person from certain obligations, as when the
latter arise from his acts or from property relations, such as easements. (32a)
Article 39. The following circumstances, among others, modify or limit capacity to act: age, insanity, imbecility, the
state of being a deaf-mute, penalty, prodigality, family relations, alienage, absence, insolvency and trusteeship. The
consequences of these circumstances are governed in this Code, other codes, the Rules of Court, and in special
laws. Capacity to act is not limited on account of religious belief or political opinion.
A married woman, twenty-one years of age or over, is qualified for all acts of civil life, except in cases specified by
law. (n)
CHAPTER 2
Natural Persons
Article 40. Birth determines personality; but the conceived child shall be considered born for all purposes that are
favorable to it, provided it be born later with the conditions specified in the following article. (29a)
Article 41. For civil purposes, the foetus is considered born if it is alive at the time it is completely delivered from the
mother's womb. However, if the foetus had an intra-uterine life of less than seven months, it is not deemed born if it
dies within twenty-four hours after its complete delivery from the maternal womb. (30a)
Article 42. Civil personality is extinguished by death. The effect of death upon the rights and obligations of the
deceased is determined by law, by contract and by will. (32a)
Article 43. If there is a doubt, as between two or more persons who are called to succeed each other, as to which of
them died first, whoever alleges the death of one prior to the other, shall prove the same; in the absence of proof, it is
presumed that they died at the same time and there shall be no transmission of rights from one to the other. (33)
CHAPTER 3
Juridical Persons
Article 44. The following are juridical persons:
(1) The State and its political subdivisions;
(2) Other corporations, institutions and entities for public interest or purpose, created by law; their personality begins
as soon as they have been constituted according to law;
(3) Corporations, partnerships and associations for private interest or purpose to which the law grants a juridical
personality, separate and distinct from that of each shareholder, partner or member. (35a)
Commit to the LORD whatever you do, and your plans will succeed.
Proverbs 16:3
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Article 45. Juridical persons mentioned in Nos. 1 and 2 of the preceding article are governed by the laws creating or
recognizing them.
Partnerships and associations for private interest or purpose are governed by the provisions of this Code concerning
partnerships. (36 and 37a)
Article 46. Juridical persons may acquire and possess property of all kinds, as well as incur obligations and bring civil
or criminal actions, in conformity with the laws and regulations of their organization. (38a)
Article 47. Upon the dissolution of corporations, institutions and other entities for public interest or purpose mentioned
in No. 2 of article 44, their property and other assets shall be disposed of in pursuance of law or the charter creating
them. If nothing has been specified on this point, the property and other assets shall be applied to similar purposes
for the benefit of the region, province, city or municipality which during the existence of the institution derived the
principal benefits from the same. (39a)
2. Consent freely given in the presence of the solemnizing officer. (if absent, VOID; if defective, VOIDABLE)
Formal Requisites:
1. Authority of the solemnizing officer
Commit to the LORD whatever you do, and your plans will succeed.
Proverbs 16:3
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military operations, contracting parties need not be members of the armed forces. They can be
civilians.
e. Consul-General, Consul, Vice-Consul (marriage must be celebrated abroad in the country where
the consul holds office, marriage is between Filipino citizens)
f. Mayors (after the effectivity of the Family Code on Aug 3, 1988 and before the effectivity of the
LGC on January 1, 1992 mayors did not have authority to solemnize marriage)
2. A valid marriage license except:
a. Articulo mortis marriages
b. Marriages among muslims
c. Residence of either party is located that there is no means of transportation to appear personally
before the civil registrar
d. Those living as husband and wife for at least 5 years without the benefit of marriage (must not be
suffering from a legal impediment to marry each other)
- 5 years should be continuous
- Counted from the day of the celebration of marriage
- No third party within the 5 year period
3. A marriage ceremony w/c takes place with the appearance of the contracting parties before the solemnizing
officer and their personal declaration that they take each other as husband and wife in the presence of not
less than 2 witnesses
Effect of Absence of requisites: In the absence of either legal capacity, authority of the solemnizing officer, or valid
marriage license, the marriage is VOID. In case of absence of authority of solemnizing officer, the marriage is
PERFECTLY VALID when either or both of them believed in good faith that the solemnizing officer had the legal
authority to do so. The party/ies responsible for the irregularity shall be civilly, criminally and administratively liable.
Marriage Contract – best documentary evidence of marriage but its absence is not a proof that no marriage took
place because other evidence may be presented to prove the fact of marriage.
Example: testimony of a witness to the matrimony, public and open cohabitation as husband and wife after the
alleged wedlock, birth and baptismal certificates of children born during such union, mention of such nuptial in
subsequent documents.
Commit to the LORD whatever you do, and your plans will succeed.
Proverbs 16:3
Civil Law Reviewer 2022
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ii. A valid divorce is obtained abroad, regardless of who between the spouses initiated the
divorce proceedings, provided that the party petitioning the recognition of such foreign
divorce decree – presumably the Filipino citizen – must prove the divorce as a fact and
demonstrate its conformity to the foreign law allowing it.
Article 26 par. 2: “Where 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 have capacity to remarry
under Philippine law.” – can be invoked only by the Filipino spouse
When Filipino spouse regains capacity to remarry – Once it has been proven that the
divorce obtained abroad is valid and that it capacitated the foreign spouse to remarry, the
Filipino spouse also regains his or her capacity to remarry. Thus even if the Filipino
spouse immediately contracted a subsequent marriage after the divorce and prior to
judicial recognition, he or she is not automatically liable for bigamy. (Sarto vs. People)
Void Marriages
Void under Art. 35 Void under Art. 36 Void under Art. 37 Void under Art. 38 Void under Art. 40 Void under Art. 53
(1) Those A marriage Marriages The following The prior Where a voidable
contracted by any contracted by any between the marriages shall be marriage is void marriage under
party below party who, at the following are void from the but the Art. 45 was
eighteen years of time of the incestuous and beginning for subsequent already annulled
age even with the celebration, was void from the reasons of public marriage is or a void marriage
consent of psychologically beginning, policy: contracted prior to under Art. 40 was
parents or incapacitated to whether a judicial already declared
guardians; comply with the relationship (1) Between declaration of the a nullity in a final
essential marital between the collateral blood absolute nullity of judgment but:
(2) Those obligations of parties be relatives whether the prior marriage.
solemnized by marriage, shall legitimate or legitimate or (1) there was no
any person not likewise be void illegitimate: illegitimate, up to The requirement liquidation,
legally authorized even if such the fourth civil of a judicial partition, and
to perform incapacity (1) Between degree; decree of nullity is distribution of the
marriages unless becomes manifest ascendants and applicable only to properties of the
such marriages only after its descendants of (2) Between step- remarriages spouses or
were contracted solemnization. any degree; and parents and step- entered into after delivery of the
with either or both children; the effectivity of presumptive
parties believing Characteristics of (2) Between the Family Code legitimes of the
in good faith that Psychological brothers and (3) Between on August 3, common children;
the solemnizing incapacity sisters, whether of parents-in-law 1988, regardless and
officer had the the full or half and children-in- of the date of the
legal authority to Grave - must be blood. law; first marriage. If (2) there was no
do so; grave or serious the second recording of the
that the party Marriages (4) Between the marriage is judgment of
(3) Those would be between step- adopting parent celebrated prior to annulment or of
solemnized incapable of brothers and step- and the adopted the effectivity of absolute nullity of
without license, carrying out the sisters are no child; the Family Code, the marriage, the
except those ordinary duties longer prohibited no judicial decree partition and
covered the required in under the Family (5) Between the was necessary to distribution of the
Commit to the LORD whatever you do, and your plans will succeed.
Proverbs 16:3
Civil Law Reviewer 2022
Compiled and formatted by BAMB
Sources: New Civil Code and Pre-bar Reviewer 2021 by Prof. Elmer Rabuya
______________________________________________________________________________________________________
Commit to the LORD whatever you do, and your plans will succeed.
Proverbs 16:3
Civil Law Reviewer 2022
Compiled and formatted by BAMB
Sources: New Civil Code and Pre-bar Reviewer 2021 by Prof. Elmer Rabuya
______________________________________________________________________________________________________
Art. 391. The following shall be presumed dead for all purposes, including the division of the estate among the heirs:
(1) A person on board a vessel lost during a sea voyage, or an aeroplane which is missing, who has not been heard of for four
years since the loss of the vessel or aeroplane;
(2) A person in the armed forces who has taken part in war, and has been missing for four years;
(3) A person who has been in danger of death under other circumstances and his existence has not been known for four years.
For the purpose of contracting the subsequent marriage under the preceding paragraph the spouse present must
institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee,
without prejudice to the effect of reappearance of the absent spouse.
Under Art. 41, a judicial declaration of presumptive death is required for purposes of remarriage. It is Art 390 or 391
of the Civil Code is applicable of the presumption of death is for purposes other than remarriage. Under the prevailing
case law, courts are without any authority to take cognizance of a petition that only seeks to have a person declared
presumptively dead under the Civil Code. Such a petition is not authorized by law.
Subsequent marriage under the Civil Code and Family Code
Commit to the LORD whatever you do, and your plans will succeed.
Proverbs 16:3
Civil Law Reviewer 2022
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Voidable Marriages
Concept and characteristics of a voidable marriage:
It is valid until set aside by final judgment of a competent court in an action for annulment.
It can generally be ratified by cohabitation.
It can be assailed only in a direct proceeding for that purpose not collaterally.
It can be assailed only during the lifetime of the parties.
The action of nullity prescribes.
Only parties to a voidable marriage can assail it.
Grounds for annulment:
Commit to the LORD whatever you do, and your plans will succeed.
Proverbs 16:3
Civil Law Reviewer 2022
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By the insane spouse during a lucid interval a man other than her husband
Below 21 (illegit) – only the consent of the or after regaining sanity. iii. Concealment of a STD,
mother is required regardless of its nature, existing
What is the prescriptive period? at the time of the marriage
During the lifetime of the spouses iv. Concealment of drug addiction,
Who files for annulment? Only the parent
habitual alcoholism or
whose consent is required can file the
homosexuality or lesbianism
petition. Once the party reaches 21, only How ratified?
existing at the time of marriage.
the party himself can file. Only the insane spouse has the right to
ratify upon coming to reason by choosing to
freely cohabit with the sane spouse. Who can file for annulment?
What is the prescriptive period? 5 years
Only the injured party may file the petition
from attainment of 21.
Effect of Annulment:
a. Right to remarry but only after compliance with Article 52
Art. 52. The judgment of annulment or of absolute nullity of the marriage, the partition and distribution of the properties of the
spouses and the delivery of the children’s presumptive legitimes shall be recorded in the appropriate civil registry and registries of
property; otherwise, the same shall not affect third persons. (n)
b. If wife is the guilty spouse, resume her maiden name and surname. If wife is the innocent spouse, may
continue to use former husband’s surname unless court decrees otherwise or she or the former husband is
married again to another person.
c. Children conceived OR born before judgment of annulment has become final and executory shall be
considered legitimate.
d. If the property regime is ACP/CPG prior dissolution, it is automatically terminated upon finality of judgment
of annulment and should be subjected to liquidation.
Commit to the LORD whatever you do, and your plans will succeed.
Proverbs 16:3
Civil Law Reviewer 2022
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______________________________________________________________________________________________________
e. DPN remains valid but if the donee acted in bad faith, donor may revoke the same.
Legal Separation
Grounds for Legal Separation
Commit to the LORD whatever you do, and your plans will succeed.
Proverbs 16:3
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e. The obligation of mutual support between spouses ceases unless court orders guilty spouse to give support
to the innocent spouse.
f. DPN remains valid however if the donee is the offending spouse, the innocent spouse may revoke the
donation within 5 years from finality of the decree of legal separation. If the donor is a 3 rd person, the donor
may also revoke the donation purusnat to Article 86(4) of the FC.
g. Designation of the offending spouse as beneficiary in an insurance policy may be revoked even if
designation is irrevocable.
GR: The case shall not be tried (on the merits) within 6 months from the filing of the petition. (cooling off period)
XPN: The ground constitutes “violence” under RA 9262, no cooling off period shall apply. Court should immediately
hear the case.
Duty of the Court: Courts must take steps towards reconciliation of the spouses and may only issue the decree of
legal separation after it has been satisfied that, despite such efforts, reconciliation is highly improbable.
Defenses in Legal Separation:
a. Condonation and consent – In condonation, pardon is granted after the commission of the offense while in
consent, the approval is given prior to the commission of the offense.
b. Connivance and collusion – in connivance, both parties actually participated in the commission of the
ground while in collusion, the parties made it appear as though it was committed for the purpose of
obtaining a decree of legal separation.
c. Mutual guilt or recrimination - both parties have given a ground for legal separation
d. Prescription – 5 years from occurrence of the cause
e. Effect of death – if a party dies before entry of judgment, case shall be terminated. If the party dies after
entry of judgment, the latter shall bind the parties and their successors-in-interest
Effect of Reconciliation
a. If de facto, decree of legal separation is not set aside
b. If there is decree of reconciliation, decree of legal separation is set aside but the separation of the property
and any forfeiture of net profits shall subsist.
c. DPN in favor of the guilty spouse, if not yet revoked, can no longer be revoked by the innocent spouse.
d. If there is already a decree of revocation of DPN that is already final, that judgment is already res judicata.
e. If the innocent spouse has not yet revoked the designation of the guilty spouse as beneficiary in insurance
policy, the former loses the right to revoke the same
f. Previous property regime of spouses is not automatically revived but must (1) execute an agreement of
revival under oath (2) specifying the properties to be contributed anew and those to be retained as separate
properties (3) the names of creditors, their addresses and amount owing to each and (4) agreement must be
submitted in court for approval by way of a verified motion for its approval.
g. Adoption of new property regime is not allowed upon reconciliation.
Commit to the LORD whatever you do, and your plans will succeed.
Proverbs 16:3
Civil Law Reviewer 2022
Compiled and formatted by BAMB
Sources: New Civil Code and Pre-bar Reviewer 2021 by Prof. Elmer Rabuya
______________________________________________________________________________________________________
If a spouse leaves the conjugal home without just cause and later on demands for legal support, the other
spouse may either receive and maintain him/her in the family dwelling and he/she refuses, the right to
receive legal support terminates.
XPN: other spouse lives abroad and valid and compelling reason which must be compatible with the
solidarity of the family.
She may also use her maiden name upon marriage. A woman who marries only changes her civil status not
her name.
iii. Property (concept of property, ownership, co-ownership, right of accession, easement, nuisance)
iv. Obligations
v. Contracts
vi. Torts, Quasi-delicts
vii. Damages
Damages may be: (MENTAL)
(1) Actual or compensatory;
Commit to the LORD whatever you do, and your plans will succeed.
Proverbs 16:3
Civil Law Reviewer 2022
Compiled and formatted by BAMB
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(2) Moral;
(3) Nominal;
(4) Temperate or moderate;
(5) Liquidated; or
(6) Exemplary or corrective.
[UNFINISHED]
Commit to the LORD whatever you do, and your plans will succeed.
Proverbs 16:3