Persons Review
Persons Review
Based on the syllabus of Atty. Lydia Galas A.Y. 2021-2022, 2018-2019 TSN and Matt Santiago’s Notes 2020-2021
*Includes new cases
ARTICLE 2 – Effectivity of Laws Laws are not retroactive. Lex prospicit, non respicit; the law looks forward, not
backward. This is due to the unconstitutional result of retroacting a law's
Tanada vs. Tuvera application: it divests rights that have already become vested or impairs
“unless otherwise provided” refers to effectivity of laws and not the publication obligations of contract.
requirement. Publication is a due process requirement. (Tanada vs. Tuvera)
While the Legislature has the power to pass retroactive laws which do not
De Roy vs. CA impair the obligation of contracts, or affect injuriously vested rights, it is equally
All laws must be published, but SC decisions (which are not laws, but form part true that statutes are not to be construed as intended to have a retroactive effect
of the legal system of the PH) not required to be published (Art. 8); no law so as to affect pending proceedings, unless such intent is expressly declared or
requires them to be published and it is the lawyer’s duty to keep abreast of clearly and necessarily implied from the language of the enactment.
decisions of the court. (De Roy vs. CA)
Villafuerte vs. Cordial Atienza vs. Brillantes
Art 2 does not apply to local ordinances – the LGC governs them. ONLY Prior marriage – pre- civil code w/o license; udner CC, no req’t for void marriage
ORDINANCES THAT ARE PENAL IN NATURE must be published prior to taking to be declared void
effect. Subsequent marriage under FC, now there is a need to obtain declaration of
Where are penal ordinances published? nullity of previous marriage (due to Art 40 of FC).
Sec 59, LGC
all ordinances with penal sanctions shall be published in Rule: Article 40 of the Family Code is merely a rule of procedure. Declaration of
1. a newspaper of general circulation within the province where the the nullity of a void marriage for purposes of remarriage will be invoked on the
local legislative body concerned belongs. basis solely of a final judgment declaring such previous marriage void. Art 40
2. In the absence of any newspaper of general circulation within the can be applied retroactively since no vested right was impaired by such
province, posting of such ordinances shall be made in all application.
municipalities and cities of the province where the Sanggunian of
origin is situated. Abalos vs. People
Retroactive effect of RA 10951 – modifying penalties of certain RPC crimes eg
ARTICLE 3 – Ignorance of the law in this case, swindling and estafa.
Caranto vs. Caranto (GR 202889) Rule: Section 100 of the said law, however, provides that it shall have
Question of law, definition retroactive effect only insofar as it is favorable to the accused.
A question of law arises when there is doubt as to what the law is on a certain
state of facts, while there is a question of fact when the doubt arises as to the Here, upon comparison of old and new penalties, it was found that retroactive
truth or falsity of the alleged facts. For a question to be one of law, the question application would prejudice the accused so the old penalties were imposed.
must not involve an examination of the probative value of the evidence
presented by the litigants or any of them. The resolution of the issue must rest ARTICLE 6 – Waiver of rights
solely on what the law provides on the given set of circumstances. Once it is
clear that the issue invites a review of the evidence presented, the question Famanila vs CA
posed is one of fact. Crew person on a ship had to stop working due to aneurysm. He was offered a
release and waiver, which he signed. He subsequently changed his mind and
Thus, the test of whether a question is one of law or of fact is whether the sought nullity of the waiver claiming that it was void because at the time that he
appellate court can determine the issue raised without reviewing or evaluating signed it, his consent was vitiated, being in financial constraints and suffering
the evidence, in which case, it is a question of law; otherwise it is a question of from physical disability
fact.
Rule: Not void – merely voidable.
ARTICLE 4 – Operation of law Note:
1. Quitclaims & waivers frowned upon but where it is shown that the
Carlos vs. Sandoval person making the waiver did so voluntarily – valid
On exception to retroactivity – 2. To be valid and effective, waivers must be couched in clear and
One of the exceptions to prospectivity are procedural laws since no vested right unequivocal terms, leaving no doubt as to the intention of those
can be had from them. But - if the law or rule expressly provides for giving up a right or a benefit that legally pertains to them.
prospective application it will be applied prospectively.
Guy vs. CA
This refers to Rules of Procedure on the Declaration of Nullity of Marriage. It is Mother signed a release and quitclaim to renounce inheritance on behalf of her
given prospective application. It only applies to cases already commenced on or children – but no specification of purpose for signing. Only indicates “in
after March 15, 2003 although the marriage involved is within the coverage of settlement of claims of whatever nature and kind”
the Family Code. This is so, as the new Rule, which became effective on March
15, 2003 is prospective in application. Rule: To be valid and effective, a waiver must be couched in clear and
unequivocal terms which leave no doubt as to the intention of a party to give up
Cheng vs. Sy a right or benefit which legally pertains to him. A waiver may not be
The fact that procedural statues may somehow affect the litigants rights does attributed to a person when its terms do not explicitly and clearly evince
not preclude their retroactive application to pending actions. It is axiomatic that an intent to abandon a right.
the retroactive application of procedural laws does not violate any right of a
person who may feel that he is adversely affected, nor is it constitutionally ART. 1044. Any person having the free disposal of his property may accept or
objectionable. The reason is that, as a general rule, no vested right may attach repudiate an inheritance.
to, nor arise from, procedural laws.
Any inheritance left to minors or incapacitated persons may be accepted by
Carolino vs. Senga their parents or guardians. Parents or guardians may repudiate the inheritance
Under Article 4 of the Civil Code, it is provided that laws shall have no left to their wards only by judicial authorization.
retroactive effect, unless the contrary is provided. It is said that law looks to the
future only and has no retroactive effect unless the legislator may have formally Parents and guardians may not repudiate the inheritance of their wards
given that effect to some legal provisions, that all statutes are to be construed as without judicial approval. This is because repudiation amounts to an
having only prospective operation, unless the purpose and intention of the alienation of property which must pass the court's scrutiny in order to protect
legislature to give retrospective effect is expressly declared or is necessarily the interest of the ward.
implied from the language used; and that every doubt must be resolved against
retrospective effect. These principles also apply to amendments of statutes. Waiver is the intentional relinquishment of a known right. Where one lacks
knowledge of a right, there is no basis upon which waiver of it can rest.
Note: Ignorance of a material fact negates waiver, and waiver cannot be
1. after an act is amended, the original act continues to be in force with established by a consent given under a mistake or misapprehension of
regard to all the rights that had accrued prior to its amendment. fact.
2. Where the employee retires and meets the eligibility requirements,
he acquires a vested right to the benefits that is protected by the due Otamias vs Republic
process clause. [T]he doctrine of waiver extends to rights and privileges of any character. A
3. Vested rights include not only legal or equitable title to the person may waive any matter which affects his property, and any alienable right
enforcement of a demand, but also an exemption from new or privilege of which he is the owner provided
obligations after the right has vested. 1. such rights and privileges rest in the individual,
2. are intended for his sole benefit,
Kwong Management vs. Diamond Homeowners & Residents 3. do not infringe on the rights of others, and
4. further provided the waiver of the right or privilege is not forbidden
by law, and
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Persons and Family Relations Review Cases | Evanne Maliones
Based on the syllabus of Atty. Lydia Galas A.Y. 2021-2022, 2018-2019 TSN and Matt Santiago’s Notes 2020-2021
*Includes new cases
5. does not contravene public policy liable for violation of RA 9262. Considering he is living in Philippines, the
territoriality principle applies.
Here:
When Colonel Otamias executed the Deed of Assignment, he effectively waived Note:
his right to claim that his retirement benefits are exempt from execution. The Prohibitive laws concerning persons, their acts or property, and those which
right to receive retirement benefits belongs to Colonel Otamias. His decision to have for their object public order, public policy and good customs shall not be
waive a portion of his retirement benefits does not infringe on the right of third rendered ineffective by laws or judgments promulgated, or by determinations
persons, but even protects the right of his family to receive support. or conventions agreed upon in a foreign country.
Situation – marriage was solemnized according to tribe’s custom, divorce also Recio vs Recio
according to tribe’s custom, then there’s a subsequent marriage, then the man "aliens may obtain divorces abroad, which may be recognized in the Philippines,
died and children of 1st marriage claiming some property. provided they are valid according to their national law." Before a foreign divorce
decree can be recognized by our courts, the party pleading it must prove the
Argument: in asmuch was the marriage was in accordance w/ customs of ibaloi, divorce as a fact and demonstrate its conformity to the foreign law allowing it.
the divorce in accordance w/ same customs was proper. Presentation solely of the divorce decree is insufficient.
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Persons and Family Relations Review Cases | Evanne Maliones
Based on the syllabus of Atty. Lydia Galas A.Y. 2021-2022, 2018-2019 TSN and Matt Santiago’s Notes 2020-2021
*Includes new cases
Under Sections 24 and 25 of Rule 132, a writing or document may be proven as 1. a foreign judgment of adoption of a Filipino citizen can be judicially
a public or official record of a foreign country by either: recognized in the PH. there are two parties involved in an adoption
1) An official publication or process: the adopter and the adoptee.
2) A copy thereof attested by the officer having legal custody of the document.
In this case, the adopter was a foreign citizen (Japanese)
ADDITIONAL REQUIREMENT NOT PRESENT IN RECIO vs. RECIO:
If the record is not kept in the Philippines, such copy must be: Article 15 of the Civil Code states that "[l]aws relating to family
a) Accompanied by a certificate issued by the proper diplomatic or rights and duties, or to the status, condition and legal capacity of
consular official of the Philippines who is stationed in the foreign country where persons are binding upon citizens of the Philippines, even though
the document is kept; and living abroad." Owing to this nationality principle, the Philippine
b) Authenticated by the seal of his office. laws on adoption are thus binding on petitioner (adoptee-filipino).
Note: the Court cannot take judicial notice of foreign laws as they must be However, with respect to the case of Hayashi (adopter) , who is a
alleged and proved. Japanese citizen - the Philippine courts are: precluded from
deciding on his "family rights and duties, or on [his] status,
Lavadia vs Heirs of Luna condition and legal capacity" concerning the foreign judgment
Divorce between Filipinos is void and ineffectual under the nationality rule to which he is a party.
adopted by Philippine law. Hence, any settlement of property between the
parties of the 1st marriage involving Filipinos submitted as an incident of a Thus, as to the foreign judgment of adoption if it is proven as a fact,
divorce obtained in a foreign country lacks competent judicial approval, and the Philippine courts are limited to the determination of whether to
cannot be enforceable against the assets of the husband who contracts a extend its effect to petitioner, the Filipino party.
subsequent marriage. It was void without court approval.
2. (this was also mentioned by ma’am in the lecture)
Here, there was a property settlement attached to a petition for divorce – which As already mentioned, the rules on inter-country adoption are not
was approved but SC said sicne the divorce was ineffectual - the properties, applicable in the case of Hayashi pursuant to Article 184(3)(b) of the
pursuant to Article 148 in the absence of any proof of actual contribution of Family Code. Specifically, the provisions of RA 8043 do not apply to
money, property, or industry, shall go to the subsisting valid marriage. him. Besides, as provided in Section 8 thereof, "only a legally free
child may be the subject of inter-country adoption."
Noveras vs Noveras
How to prove and plead a foreign judgment: 3. The adoption of petitioner by Hayashi may be validly effected in
Under Section 24 of Rule 132, the record of public documents of a sovereign accordance with the provisions of RA 8552.
authority or tribunal may be proved by:
(1) an official publication thereof or The court disagreed that adoption decrees involving Filipino citizens
(2) a copy attested by the officer having the legal custody thereof. obtained abroad cannot be judicially recognized in the Philippines
for being contrary to law and public policy.
Such official publication or copy must be accompanied, if the record is not kept
in the Philippines, with a certificate that the attesting officer has the legal Just because we have RA 8552 in the PH – it should not automatically
custody thereof. foreclose proceedings to recognize the adoption decree obtained
under Japanese law.
The certificate may be issued by any of the authorized Philippine embassy or
consular officials stationed in the foreign country in which the record is kept, Note that the principle behind the recognition and enforcement of a
and authenticated by the seal of his office. foreign judgment derives its force not only from our Rules of Court
but from the fact that such act of recognition is considered part of
The attestation must state, in substance, that the copy is a correct copy of the what is considered as the "generally accepted principles of
original, or a specific part thereof, asthe case may be, and must be under the international law.
official seal of the attesting officer.
4. The adoption by an alien of the legitimate child of his/her Filipino
Section 25 - whenever a copy of a document or record is attested for the purpose spouse is valid and legal based on Article 184(3) (b) of the Family
of evidence, the attestation must Code and Section 7(b)(i), Article III of RA 8552.
1. state, in substance, that the copy is a correct copy of the original, or
a specific part thereof, as the case may be. The foreign judgment against a person is already "presumptive
2. be under the official seal of the attesting officer, if there be any, or if evidence of a right as between the parties." Upon judicial recognition
he be the clerk of a court having a seal, under the seal of such court. of the foreign judgment, the right becomes conclusive and the
judgment serves as the basis for the correction or cancellation of
Bayot vs CA (when the court relaxed certification reqt) entry in the civil registry.
"[petitioner therein] was clearly an American citizenwhen she secured the
divorce and that divorce is recognized and allowed in any of the States of the ARTICLE 16 – Law governing Real and Personal Property
Union, the presentation of a copy of foreign divorce decree duly authenticatedby
the foreign court issuing said decree is, as here, sufficient." Orion Savings Bank vs Suzuki
Real or immovable property is exclusively subject to the laws of the country or
But in this case- no seal from the office where the divorce decree was obtained. state where it is located. The reason is found in the very nature of immovable
property — its immobility.
Orion Savings Bank vs Suzuki
In order for foreign laws to be given due recognition by our courts, they must Immovables are part of the country and so closely connected to it that all rights
be alleged and proved. Otherwise, in the absence of proof as to the existence of over them have their natural center of gravity there.
a foreign law, or there is failure to prove the same, then we apply the “Doctrine
of Processual Presumption” or the “Presumed Identity Approach” On the other hand, property relations between spouses are governed
principally by the national law of the spouses.
Property relations between spouses are governed principally by the national
law of the spouses. However, the party invoking the application of a foreign law Matters concerning the title and disposition of real property shall be governed
has the burden of proving the foreign law. The foreign law is a question of fact by Philippine law while issues pertaining to the conjugal nature of the property
to be properly shall be governed by South Korean law, provided it is proven as a fact.
pleaded and proved as the judge cannot take judicial notice of a foreign law.
Cayetano vs. Leonidas
Simundac-Keppel vs Keppel Note: here, the deceased at the time of her death, was an American citizen and
Situation: german citizens filed for annulment of marriage a permanent resident of Philadelphia
SC: Based on the Nationality Principle, and pursuant to which laws relating to Art. 16 par. (2).
family rights and duties, or to the status, condition and legal capacity of persons Intestate and testamentary successions, both with respect to the order of
are binding upon citizens of the Philippines, even though living abroad, it was succession and to the amount of successional rights and to the intrinsic validity
the pertinent German law that governed. Philippine law finds no application as of testamentary provisions, shall be regulated by the national law of the
far as the family rights and obligations of the parties who are foreign nationals person whose succession is under consideration, whatever may be the
are concerned – they must prove that in their national law, an annulment is also nature of the property and regardless of the country wherein said property may
a ground to terminate marriage – Rule 132, S24 & 25 of ROC. be found.
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Persons and Family Relations Review Cases | Evanne Maliones
Based on the syllabus of Atty. Lydia Galas A.Y. 2021-2022, 2018-2019 TSN and Matt Santiago’s Notes 2020-2021
*Includes new cases
It is a settled rule that as regards the intrinsic validity of the provisions of the These provisions enunciate a general obligation under law for every person to
will, as provided for by Article 16(2) and 1039 of the Civil Code, the national law act fairly and in good faith towards one another.
of the decedent must apply.
A non-stock corporation like Calatagan is not exempt from that obligation in its
Whatever public policy or good customs may be involved in our system of treatment of its members. The obligation of a corporation to treat every person
legitimes, Congress has not intended to extend the same to the succession of honestly and in good faith extends even to its shareholders or members, even if
foreign nationals. For it has specifically chosen to leave, inter alia, the amount the latter find themselves contractually bound to perform certain obligations to
of successional rights, to the decedent's national law. Specific provisions must the corporation. A certificate of stock cannot be a charter of dehumanization.
prevail over general ones.
Ardiente vs Javier
Ancheta vs Guersey Dalaygon Water District immediately disconnected the water connection w/o first
Situation - Audrey Guersey was an American citizen domiciled in Maryland, informing the customer – abuse of rights.
U.S.A. At the time of her death she resided in PH but was domiciled in Maryland,
U.S.A Sesbreno vs CA & Veco
Search warrant is only required when it is the government or any of the agents
SC: Being a foreign national, the intrinsic validity of Audrey’s will, especially of the state would make the search, not in this case since VECO is a private
with regard as to who are her heirs, is governed by her national law, i.e., the law establishment. The presence of the member of the Philippine Constabulary is
of the State of Maryland, as provided in Article 16 of the Civil Code BUT merely for assistance. It did not do the job of the VOC inspectors. There was no
basis for the award of damages.
As to order of succession and to the amount of successional rights and to the
intrinsic validity of testamentary provisions, shall be regulated by the national Saladaga vs Astorga
law of the person whose succession is under consideration, whatever may be One party to the contract was a lawyer- there was discrepancy whether it was a
the nature of the property and regardless of the country wherein said property contract of sale w/ right to repurchase or equitable mortgage. SC found it
may be found. (Art 16, NCC) violative of Art 19.
While foreign laws do not prove themselves in our jurisdiction and our courts A lawyer who drafts a contract must see to it that the agreement faithfully and
are not authorized to take judicial notice of them; petitioner, as ancillary clearly reflects the intention of the contracting parties. Otherwise, the
administrator of Audrey’s estate, was duty-bound to introduce in evidence the respective rights and obligations of the contracting parties will be uncertain,
pertinent law of the State of Maryland – she failed to do so but the law was which opens the door to legal disputes between the said parties. Indeed, the
introduced by appellants in the CA – so court took notice and divided the uncertainty caused by respondent’s poor formulation of the "Deed of Sale with
properties in accordance w/ national law. Right to Repurchase" was a significant factor in the legal controversy between
respondent and complainant. Such poor formulation reflects at the very least
HUMAN RELATIONS negatively on the legal competence of respondent.
Since psychological incapacity means that one is truly incognitive of the basic For the principle to apply, the following requisites must concur: (i) a person is
marital covenants that one must assume and discharge as a consequence of unjustly benefited; and
marriage, it removes the basis for the contention that the petitioner purposely (ii) such benefit is derived at the expense of or with damages to another.
deceived the private respondent. If the private respondent was deceived, it was
not due to a willful act on the part of the petitioner. Therefore, the award of Unjust enrichment claims do not lie simply because one party benefits from the
moral damages was without basis in law and in fact. efforts or obligations of others, but instead it must be shown that a party was
unjustly enriched in the sense that the term unjustly could mean illegally or
ARTICLE 22 – Unjust enrichment unlawfully.
Filinvest vs Ngilay To substantiate a claim for unjust enrichment, the claimant must unequivocally
prove that another party knowingly received something of value to which he
Unjust enrichment exists "when a person unjustly retains a benefit to the loss of was not entitled and that the state of affairs are such that it would be unjust for
another, or when a person retains money or property of another against the the person to keep the benefit.
fundamental principles of justice, equity and good conscience."
Unjust enrichment is a term used to depict result or effect of failure to make
There is unjust enrichment under Article 22 of the Civil Code when remuneration of or for property or benefits received under circumstances that
(1) a person is unjustly benefited, and give rise to legal or equitable obligation to account for them; to be entitled to
(2) such benefit is derived at the expense of or with damages to another. remuneration, one must confer benefit by mistake, fraud, coercion, or request.
Unjust enrichment is not itself a theory of reconvey but a prerequisite for
Thus, the sale which created the obligation of petitioner to pay the agreed the enforcement of the doctrine of restitution.
amount having been declared void, respondents have the duty to return the
down payment as they no longer have the right to keep it. The principle of unjust ARTICLE 26 – Acts not constituting a criminal offense but shall produce a
enrichment essentially contemplates payment when there is no duty to pay, and cause of action for damages
the person who receives the payment has no right to receive it.
Castro vs People
Gonzalo vs Tarnate In CASTRO VS PEOPLE 599 SCRA 676 he was sued for a criminal offense, but
Unjust enrichment exists, according to Hulst v. PR Builders, Inc., "when a person when it went to the Supreme Court, it held that utmost, he would only be liable
unjustly retains a benefit at the loss of another, or when a person retains money for damages under Article 26, (3) rather than the crime of grave oral slander.
or property of another against the fundamental principles of justice, equity and What he said to the caller was to be careful of Mr. Tan because that would be
good conscience."
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Persons and Family Relations Review Cases | Evanne Maliones
Based on the syllabus of Atty. Lydia Galas A.Y. 2021-2022, 2018-2019 TSN and Matt Santiago’s Notes 2020-2021
*Includes new cases
dangerous. According to the Court, it does not constitute slander, but merely qualifying circumstances of ransom and the death of the victim during captivity
constitutes a violation of the said were duly alleged in the information and proven during trial, civil indemnity in
provision, so only for damages. the amount of ₱100,000.00 must therefore be awarded to the family of the
victim, to conform with prevailing jurisprudence.
ARTICLE 27 – Liability of public servant/employee
Dy vs. People
Ledesma vs CA& Delmo Gloria Dy was sued by MCCI for Estafa, but the court found that there was failure
A case was filed where petitioner, who was then the President of the West on the part of the prosecution to prove that element of conversion or
Visayas College was found liable for damages under Article 27 of the Civil Code misappropriation. It was dismissed. The lower court however, incorporated in
of the Philippines for failure to graduate a student with honors. the order of dismissal, the payment of Gloria Dy of the amount of 21m pesos.
Was it proper for the court to order payment of civil liability arising from
SC: We find no reason why the findings of the trial and appellate courts should contract in a criminal case decision? NO. Because it should be instituted in a
be reversed. It cannot be disputed that Violeta Delmo went through a painful separate civil action because the source of the obligation was a contract of loan.
ordeal which was brought about by the petitioner's neglect of duty and
callousness. Thus, moral damages are but proper. People vs Calomia
Reiteration of People vs. Bayotas:
Capugan vs Tolentino 1. Death of the accused pending appeal of his conviction extinguishes his
The register of deeds upon the receipt of the compromise agreement, criminal liability as well as the civil liability based solely thereon. As opined by
immediately cancelled the adverse claim that was annotated at the back of the Justice Regalado, in this regard, "the death of the accused prior to final judgment
title. Consequently, a complaint was filed against the ROD, because according to terminates his criminal liability and only the civil liability directly arising from
them, there was no basis for the cancellation in as much as there is no court and based solely on the offense committed, i.e., civil liability ex delicto in senso
order. strictiore."
SC: The court found no abuse of authority or irregularity committed by ROD 2. Corollarily, the claim for civil liability survives notwithstanding the death of
with respect to the cancellation of the notice of adverse claim and the notice of accused, if the same may also be predicated on a source of obligation other than
lis pendens annotated on TCT No. N- 290546. Whether or not the RTC order delict. Article 1157 of the Civil Code enumerates these other sources of
dated May 16, 2008 or the letter-request dated June 30, 2008 had been falsified, obligation from which the civil liability may arise as a result of the same act or
fraudulent or invalid was not for them to determine inasmuch as their duty to omission:
examine documents presented for registration was limited only to what appears
on the face of the documents. If, upon their evaluation of the letter-request and a) Law
the RTC order, they found the same to be sufficient in law and to be in b) Contracts
conformity with existing requirements, it became obligatory for them to c) Quasi-contracts
perform their ministerial duty without unnecessary delay. d) xxx
e) Quasi-delicts
ARTICLE 29 -35
3. Where the civil liability survives, as explained in Number 2 above, an action
People vs Bayotas for recovery therefor may be pursued but only by way of filing a separate civil
Article 30 of the Civil Code provides: action and subject to Section 1, Rule 111 of the 1985 Rules on Criminal
Procedure as amended. This separate civil action may be enforced either against
When a separate civil action is brought to demand civil liability arising from a the executor/administrator or the estate of the accused, depending on the
criminal offense, and no criminal proceedings are instituted during the source of obligation upon which the same is based as explained above.
pendency of the civil case, a preponderance of evidence shall likewise be
sufficient to prove the act complained of. 4. Finally, the private offended party need not fear a forfeiture of his right to file
this separate civil action by prescription, in cases where during the prosecution
What Article 30 recognizes is an alternative and separate civil action which may of the criminal action and prior to its extinction, the private-offended party
be brought to demand civil liability arising from a criminal offense instituted together therewith the civil action. In such case, the statute of
independently of any criminal action. In the event that no criminal proceedings limitations on the civil liability is deemed interrupted during the pendency of
are instituted during the pendency of said civil case, the quantum of evidence the criminal case, conformably with provisions of Article 1155 of the Civil Code,
needed to prove the criminal act will have to be that which is compatible with that should thereby avoid any apprehension on a possible privation of right by
civil liability and that is, preponderance of evidence and not proof of guilt prescription.
beyond reasonable doubt. Citing or invoking Article 30 to justify the survival of The death of an accused pending the appeal of his conviction extinguishes the
the civil action despite extinction of the criminal would in effect merely beg the criminal action, as there is no longer a defendant to stand as the accused; and
question of whether civil liability ex delicto survives upon extinction of the the civil action instituted therein for the recovery of civil liability ex delicto is
criminal action due to death of the accused during appeal of his conviction. This likewise ipso facto extinguished, as it is grounded on the criminal action.
is because whether asserted in the criminal action or in a separate civil action,
civil liability ex delicto is extinguished by the death of the accused while his Kane vs Roggenkamp
conviction is on appeal. 1. An acquittal from a charge of physical violence against women and their
children is not a bar to the filing of a civil action for damages for physical
Article 30 of the Civil Code refers to the institution of a separate civil action that injuries under Article 33 of the Civil Code if an acquittal was due to
does not draw its life from a criminal proceeding. reasonable doubt, without any declaration that the facts upon which the
offense arises are nonexistent.
Daluraya vs Olivia
The acquittal of the accused does not automatically preclude a judgment against 2. In cases of defamation, fraud, and physical injuries., the civil action is
him on the civil aspect of the case.1âwphi1 The extinction of the penal action "entirely separate and distinct from the criminal action" and shall
does not carry with it the extinction of the civil liability where: "proceed independently of the criminal prosecution." Accordingly,
(a) the acquittal is based on reasonable doubt as only preponderance of Article 33 "contemplates a civil action for the recovery of damages that is
evidence is required; entirely unrelated to the purely criminal aspect of the case.
(b) the court declares that the liability of the accused is only civil; and
(c) the civil liability of the accused does not arise from or is not based upon the 3. The civil action under Article 33 may be pursued before the filing of the
crime of which the accused is acquitted. However, the civil action based on delict criminal case, during the pendency of the criminal case, or even after the
may be deemed extinguished if there is a finding on the final judgment in the criminal case is resolved. The only limitation is that an offended party
criminal action that the act or omission from which the civil liability may arise cannot "recover [damages] twice for the same act or omission" of the
did not exist or where the accused did not commit the acts or omission imputed defendant.
to him.
Thus, if demurrer is granted and the accused is acquitted by the court, the 4. Defamation," "fraud," and "physical injuries," as used in Article 33, are to be
accused has the right to adduce evidence on the civil aspect of the case unless understood in their ordinary sense. "Physical injuries" contemplated in
the court also declares that the act or omission from which the civil liability may Article 33 is bodily injury, not the "physical injuries" referred to in the
arise did not exist. This is because when the accused files a demurrer to Revised Penal Code.
evidence, he has not yet adduced evidence both on the criminal and civil aspects
of the case. 5. Under Rule 120, Section 2 of the 2000 Revised Rules of Criminal Procedure,
a judgment acquitting the accused must state whether the prosecution
People vs Dionaldo absolutely failed to prove the guilt of the accused or merely failed to prove
In People v. Quiachon, the Court explained that even if the death penalty was not his guilt beyond reasonable doubt. - it must determine if the act or
to be imposed on accused-appellants in view of the prohibition in RA 9346, the omission from which the civil liability might arise did not exist.
award of civil indemnity was nonetheless proper, not being dependent on the Without such declaration, it must be presumed that the acquittal was due
actual imposition of the death penalty but on the fact that qualifying to reasonable doubt, and the accused is civilly liable ex delicto. Thus, the
circumstances warranting the imposition of the death penalty attended the general rule shall apply: every person criminally liable is also civilly liable.
commission of the crime. In the present case, considering that both the
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Persons and Family Relations Review Cases | Evanne Maliones
Based on the syllabus of Atty. Lydia Galas A.Y. 2021-2022, 2018-2019 TSN and Matt Santiago’s Notes 2020-2021
*Includes new cases
6. Our law recognizes two kinds of acquittal, with different effects on the
civil liability of the accused. The gravamen of the offense punished by B.P. Blg. 22 is the act of making and
issuing a worthless check; that is, a check that is dishonored upon its
a. First - an acquittal on the ground that the accused is not presentation for payment. The determination of whether the petitioner is
the author of the act or omission complained of. No delict, liable to pay the private respondents the value of the checks and damages,
no civil liability, civil action must be abased on other will not affect the guilt or innocence of the petitioner because the material
grounds. question in the criminal cases is whether petitioner had issued bad checks,
b. Second - an acquittal based on reasonable doubt on the regardless of the purpose or condition of its issuance.
guilt of the accused – even if the guilt has not been
satisfactorily established, he is not exempt from civil RULE: Determination of a civil case for collection of sum of money is irrelevant
liability which may be proved by preponderance of to the guilt or innocence of the petitioner in the criminal cases for violation of
evidence only. (ART 29) B.P. Blg. 22.
Dreamwork vs Janiola
ART 36 – Prejudicial Question Prejudicial question upon effectivity of the Rules of criminal procedure
Tuanda vs Sandiganbayan Under the amendment, a prejudicial question is understood in law as that which
1. A prejudicial question is one that must be decided before any must precede the criminal action and which requires a decision before a
criminal prosecution may be instituted or before it may proceed (see final judgment can be rendered in the criminal action with which said
Art. 36, Civil Code) because a decision on that point is vital to the question is closely connected. The civil action must be instituted prior to the
eventual judgment in the criminal case. It’s resolution is a logical institution of the criminal action.
antecedent of the issues involved in said criminal case.
2. Arises in a case the resolution of which is a logical antecedent of the 2 cases
issue involved therein, and the cognizance of which pertains to 1. BP 22
another tribunal. The prejudicial question must be determinative of 2. Nullity of the contract from w/c the checks were issued
the case before the court but the jurisdiction to try and resolve the
question must be lodged in another court or tribunal. SC: not a prejudicial question. BP 22’s issue is the issuance of a bad check. The
purpose for which the check was issued, the terms and conditions relating to its
Elements of a prejudicial question: issuance, or any agreement surrounding such issuance are irrelevant to the
(a) the civil action involves an issue similar or intimately related to the issue prosecution and conviction of petitioner.
raised in the criminal action; and
(b) the resolution of such issue determines whether or not the criminal action The agreement surrounding the issuance of dishonored checks is irrelevant to
may proceed. the prosecution for violation of BP 22.
If the resolution of the issue in the civil action will not determine the criminal A civil action for damages and cancellation of trademark cannot be considered
responsibility of the accused in the criminal action based on the same facts, or a prejudicial question by which to suspend the proceedings in the criminal cases
if there is no necessity that the civil case be determined first before taking up for unfair competition.
the criminal case, the civil case does not involve a prejudicial question. Neither
is there a prejudicial question if the civil and the criminal action can, according
to law, proceed independently of each other.
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*Includes new cases
In the suit for the cancellation of trademark, the issue of lawful registration extent in our law. Example is the estate of a bankrupt or deceased person. From
should necessarily be determined, but registration was not a consideration this pronouncement, it can be gleaned that the estate of the deceased person
necessary in unfair competition. is a juridical person separate and distinct from the person of the decedent
and any other corporation. This status of an estate comes about by operation
The determination of the lawful ownership of the trademark in the civil action of law. This is in consonance with the basic tenet under corporation law that a
was not determinative of whether or not the criminal actions for unfair corporation has a separate personality distinct from its stockholders and from
competition shall proceed against Samson. other corporations to which it may be connected.
which petitioner might be held liable for bigamy unless he first secures a judicial Upon failure to discharge this burden, only conclusion is that no valid marriage
declaration of nullity before he contracts a subsequent marriage. license was issued.
Article 13 (2) of the Code of Muslim Personal Laws states that “in case of a The requirement and issuance of a marriage license is the State's demonstration
marriage between a Muslim and a non-Muslim, solemnized not in accordance of its involvement and participation in every marriage, in the maintenance of
with Muslim Law or this Code, the Family Code or Executive Order No. 209, in which the general public is interested.
lieu of the Civil Code shall apply”
The certification of the Local Civil Registrar, that their office had no record of a
Republic vs Albios marriage license, was adequate to prove the non-issuance of said license.
Marriage fraud in immigration Further, the presumed validity of the marriage of the parties had been
overcome, and that it became the burden of the party alleging a valid marriage
SC: Marriage NOT void to prove that the marriage was valid, and that the required marriage license had
Article 2, for consent to be valid, it must be been secured.
(1) freely given and
(2) made in the presence of a solemnizing officer. Here, no ML presented – VOID.
A "freely given" consent requires that the contracting parties willingly and ARTICLE 7-10 – Solemnizing officer
deliberately enter into the marriage. Consent must be real in the sense that it is
not vitiated nor rendered defective by any of the vices of consent under Articles Aranes vs Occiano
45 and 46 of the Family Code, such as fraud, force, intimidation, and undue A priest who is commissioned and allowed by his local ordinance to marry the
influence. faithful is authorized to do so only within the area or diocese or place allowed
by his Bishop. An appellate court Justice or a Justice of this Court has jurisdiction
Consent must also be conscious or intelligent, in that the parties must be capable over the entire Philippines to solemnize marriages, regardless of the venue, as
of intelligently understanding the nature of, and both the beneficial or long as the requisites of the law are complied with. Judges who are appointed
unfavorable consequences of their act. to specific jurisdictions, may officiate in weddings only within said areas
and not beyond. Where a judge solemnizes a marriage outside his court's
Their understanding should not be affected by insanity, intoxication, drugs, or jurisdiction, there is a resultant irregularity in the formal requisite laid
hypnotism. down in Article 3, which while it may not affect the validity of the marriage,
may subject the officiating official to administrative liability.
Here, consent was not lacking as best evidenced by their conscious purpose of
acquiring American citizenship through marriage. Tilar vs. Tilar
Marriage in jest Marriage fraud in immigration Absence of essential/ formal Defect in essential requisite
A pretended marriage, legal in form There is an intention to be bound to requisite
but entered into as a joke, with no create the very bond necessary to shall render the marriage shall not affect the validity of the marriage
real intention of entering into the allow acquisition of foreign void ab initio, except as but the party or parties responsible for the
actual marriage status, and with a citizenship. stated in Article 35 (2). irregularity shall be civilly, criminally and
clear understanding that the parties administratively liable.
would not be bound. The ceremony There’s an apparent intention to
is not followed by any conduct enter into the actual marriage status
indicating a purpose to enter into and to create a legal tie, albeit for a No prescribed form or religious rite for the solemnization of the marriage is
such a relation. limited purpose. Genuine consent required.
clearly present.
This kind of marriage is VOID AB So long as all the essential and
It shall be necessary, however, for the contracting parties to appear personally
INITIO, not for vitiated, defective, or formal requisites prescribed by law
unintelligent consent, but for a are present, and it is not void or before the solemnizing officer and declare in the presence of not less than two
complete absence of consent. There voidable under the grounds witnesses of legal age that they take each other as husband and wife.
is no genuine consent because the provided by law, it shall be declared
parties have absolutely no intention valid. This declaration shall be contained in the marriage certificate which shall be
of being bound in any way or for any signed by the contracting parties and their witnesses and attested by the
purpose. solemnizing officer.
Abbas vs Abbas A marriage license shall be issued by the local civil registrar of the city or
The certification of the Local Civil Registrar that their office had no record of a municipality where either contracting party habitually resides, except in
marriage license was held adequate to prove the non-issuance of said license. marriages where no license is required.
But if the presumed validity of the marriage of the parties had been overcome, The proceedings for church annulment which is in accordance with the norms
it becomes the burden of the party alleging a valid marriage to prove that the of Canon Law is not binding upon the State as the couple is still considered
marriage was valid, and that the required marriage license had been secured. married to each other in the eyes of the civil law.
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Based on the syllabus of Atty. Lydia Galas A.Y. 2021-2022, 2018-2019 TSN and Matt Santiago’s Notes 2020-2021
*Includes new cases
If there is neither inconsistency with public policy nor adequate proof to repel
ARTICLE 21 – one/both parties are foreigners the judgment, Philippine courts should, by default, recognize the foreign
judgment as part of the comity of nations.
Recio vs Recio
The legal capacity to contract marriage is determined by the national law of the However, the recognition of a foreign judgment nullifying a bigamous marriage
party concerned. The certificate mentioned in Article 21 of the Family Code is without prejudice to prosecution for bigamy under Article 349 of the Revised
would have been sufficient to establish the legal capacity of respondent, had he Penal Code.
duly presented it in court.
Koike vs Koike
A duly authenticated and admitted certificate is prima facie evidence of legal Under Art 26(2) of FC, the law confers jurisdiction on Philippine courts to
capacity to marry on the part of the alien applicant for a marriage license. extend the effect of a foreign divorce decree to a Filipino spouse without
undergoing trial to determine the validity of the dissolution of the marriage.
Article 26(2) – marriages between a Filipino & foreigner
But the
Republic vs Iyoy 1. foreign judgment and
The benefits of Art. 26 aforequoted can be extended to a Filipino citizen whose 2. its authenticity must be proven as facts under our rules on evidence,
spouse eventually embraces another citizenship and thus becomes herself an 3. together with the alien's applicable national law to show the effect
alien. of the judgment on the alien himself or herself.
Article 26 of the Family Code is applicable only in issues on the validity of 3. The fact of absence of legal impediment between the parties must be present
remarriage. It cannot be the basis for any other liability, whether civil or at the time of marriage;
criminal, that the Filipino spouse may incur due to remarriage.
4. The parties must execute an affidavit stating that they have lived together for
Mere presentation of the divorce decree before a trial court is insufficient. at least five years [and are without legal impediment to marry each other]; and
Before a foreign divorce decree is recognized in this jurisdiction, a separate
action must be instituted for that purpose. Courts do not take judicial notice 5. The solemnizing officer must execute a sworn statement that he had
of foreign laws and foreign judgments; thus, our laws require that the divorce ascertained the qualifications of the parties and that he had found no legal
decree and the national law of the foreign spouse must be pleaded and proved. impediment to their marriage.
Court found this sufficient compliance w/ rules of court: IF MARRIAGE UNDER THE FC - SC said “it is sufficient that at the time of the
1. The Certificate of Acceptance of the Report of Divorce was marriage, that impediment is removed. What is only required is the cohabitation
accompanied by an Authentication issued by Consul of the Embassy of 5 continuous years. But in that case, the SC said that it is sufficient that the
of the Philippines in Tokyo, Japan, certifying that Consular Service impediment is removed at the time of the marriage.
Division, Ministry of Foreign Affairs, Japan was an official in and for
Japan. De Castro vs De Castro
2. The Authentication further certified that he was authorized to sign Presented a false affidavit stating that they had been living together for more
the Certificate of Acceptance of the Report of Divorce and that his than five years –
signature in it was genuine.
The falsity of the affidavit cannot be considered as a mere irregularity in the
According to the national law of Japan, a divorce by agreement "becomes formal requisites of marriage. The law dispenses with the marriage license
effective by notification."57 Considering that the Certificate of Acceptance of the requirement for a man and a woman who have lived together and exclusively
Report of Divorce was duly authenticated, the divorce between petitioner and with each other as husband and wife for a continuous and unbroken period of
respondent was validly obtained according to respondent's national law. at least five years before the marriage. The aim of this provision is to avoid
exposing the parties to humiliation, shame and embarrassment concomitant
Takahashi vs Republic with the scandalous cohabitation of persons outside a valid marriage due to the
In japan, where there is divorce by agreement – a divorce report is what the govt publication of every applicant’s name for a marriage license.
issues to couples when they apply for divorce. In this manner of divorce – such
proceeding is not coursed thru via courts but thru the mayor. Dayot vs Dayot
The falsity of the allegation in the sworn affidavit relating to the period of a
Note: our rules require more than a printout from a website to prove a foreign couple’s cohabitation, which would have qualified their marriage as an
law. In racho, the Japanese law was duly proved thru a copy of the English exception to the requirement for a marriage license, cannot be a mere
version of the civil code of Japan. irregularity, for it refers to a quintessential fact that the law precisely required
to be deposed and attested to by the parties under oath. If the essential matter
Nullada vs Civil Registrar of Manila in the sworn affidavit is a lie, then it is but a mere scrap of paper, without force
Similar to Manalo and effect. Hence, it is as if there was no affidavit at all.
Ninal vs Bayadog The innovation incorporated in A.M. No. 02-11-10-SC sets forth a demarcation
line between marriages covered by the Family Code and those solemnized
Jurisprudence under the Civil Code states that no judicial decree is necessary in
under the Civil Code. The Rule extends only to marriages entered into during
order to establish the nullity of a marriage.
the effectivity of the Family Code which took effect on August 3, 1988.
A void marriage does not require a judicial decree to restore the parties to their
While A.M. No. 02-11-10-SC declares that a petition for declaration of absolute
original rights.
nullity of marriage may be filed solely by the husband or the wife, it does not
mean that the compulsory or intestate heirs are without any recourse under the
Article 40 of the Family Code expressly provides that there must be a judicial
law. They can still protect their successional right, for, as stated in the
declaration of the nullity of a previous marriage, though void, before a party can
Rationale of the Rules on Annulment of Voidable Marriages and
enter into a second marriage and such absolute nullity can be based only on a
Declaration of Absolute Nullity of Void Marriages, compulsory or intestate
final judgment to that effect.
heirs can still question the validity of the marriage of the spouses, not in a
proceeding for declaration of nullity but upon the death of a spouse in a
Other than for purposes of remarriage, no judicial action is necessary to declare
proceeding for the settlement of the estate of the deceased spouse filed in the
a marriage an absolute nullity.
regular courts.
For other purposes, such as but not limited to determination of heirship,
It is emphasized, however, that the Rule does not apply to cases already
legitimacy or illegitimacy of a child, settlement of estate, dissolution of property
commenced before March 15, 2003 although the marriage involved is within the
regime, or a criminal case for that matter, the court may pass upon the validity
coverage of the Family Code. This is so, as the new Rule which became effective
of marriage even in a suit not directly instituted to question the same so long as
on March 15, 2003 is prospective in its application.
it is essential to the determination of the case.
Santiago vs People
Manzano vs Sanchez
Jurisprudence clearly requires that for the accused to be convicted of bigamy,
For this provision on legal ratification of marital cohabitation to apply, the
the second or subsequent marriage must have all the essential requisites for
following requisites must concur:
validity.
1. The man and woman must have been living together as husband and wife for
If the accused wants to raise the nullity of the marriage, he or she can do it as a
at least five years before the marriage;
matter of defense during the presentation of evidence in the trial proper of the
criminal case.
2. The parties must have no legal impediment to marry each other;
ARTICLE 36 – Psychological incapacity
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Persons and Family Relations Review Cases | Evanne Maliones
Based on the syllabus of Atty. Lydia Galas A.Y. 2021-2022, 2018-2019 TSN and Matt Santiago’s Notes 2020-2021
*Includes new cases
Tenebro vs CA
Santos vs CA Since a marriage contracted during the subsistence of a valid marriage is
Psychological incapacity must be characterized by automatically void, the nullity of this second marriage is not per se an argument
(a) gravity, for the avoidance of criminal liability for bigamy. Article 349 of the Revised
(b) juridical antecedence, and Penal Code criminalizes "any person who shall contract a second or subsequent
(c) incurability. marriage before the former marriage has been legally dissolved, or before the
absent spouse has been declared presumptively dead by means of a judgment
The incapacity must be grave or serious such that the party would be incapable rendered in the proper proceedings".
of carrying out the ordinary duties required in marriage; it must be rooted in
the history of the party antedating the marriage, although the overt As soon as a second marriage is celebrated during the subsistence of the valid
manifestations may emerge only after the marriage; and it must be incurable or, first marriage, the crime of bigamy had already been consummated.
even if it were otherwise, the cure would be beyond the means of the party
involved. A declaration of the nullity of the second marriage on the ground of
psychological incapacity is not an indicator that petitioner’s marriage to Ancajas
Chi Ming Tsoi vs CA lacks the essential requisites for validity.
Evidently, one of the essential marital obligations under the Family Code is "To
procreate children based on the universal principle that procreation of children Although the judicial declaration of the nullity of a marriage on the ground of
through sexual cooperation is the basic end of marriage." Constant non- psychological incapacity retroacts to the date of the celebration of the marriage
fulfillment of this obligation will finally destroy the integrity or wholeness of the insofar as the vinculum between the spouses is concerned, it is significant to
marriage. In the case at bar, the senseless and protracted refusal of one of the note that said marriage is not without legal effects. Among these effects is that
parties to fulfill the above marital obligation is equivalent to psychological children conceived or born before the judgment of absolute nullity of the
incapacity. marriage shall be considered legitimate. There is a recognition written into the
law itself that such a marriage, although void ab initio, may still produce legal
Republic vs CA & Molina consequences. Among these legal consequences is incurring criminal liability
for bigamy.
Guidelines to interpret Art 36:
Jarillo vs People
(1) The burden of proof to show the nullity of the marriage belongs to the The prescriptive period for the crime of bigamy should be counted only from
plaintiff. Any doubt should be resolved in favor of the existence and continuation the day on which the said crime was discovered by the offended party, the
of the marriage and against its dissolution and nullity. authorities or their [agents]," as opposed to being counted from the date of
registration of the bigamous marriage.
(2) The root cause of the psychological incapacity must be
a. medically or clinically identified, Republic vs Hamano
b. alleged in the complaint, "psychological incapacity must be characterized by
c. sufficiently proven by experts and (a) gravity
d. clearly explained in the decision. (b) juridical antecedence and
(c) incurability."
Article 36 of the Family Code requires that the incapacity must be
psychological — not physical. although its manifestations and/or symptoms The foregoing guidelines do not require that a physician examine the person to
may be physical. The evidence must convince the court that the parties, or one be declared psychologically incapacitated. In fact, the root cause may be
of them, was mentally or physically ill to such an extent that the person could "medically or clinically identified." What is important is the presence of
not have known the obligations he was assuming, or knowing them, could not evidence that can adequately establish the party’s psychological condition. If
have given valid assumption thereof. Expert evidence may be given qualified the totality of evidence presented is enough to sustain a finding of
psychiatrist and clinical psychologists. psychological incapacity, then actual medical examination of the person
concerned need not be resorted to.
(3) Juridical antecedence: The incapacity must be proven to be existing at
"the time of the celebration" of the marriage. Antonio vs Reyes
Molina is not set in stone, and that the interpretation of Article 36 relies heavily
(4) Incurability: Such incapacity must also be shown to be on a case-to-case perception. It would be insensate to reason to mandate in this
a. medically or clinically permanent or incurable. case an expert medical or clinical diagnosis of incurability, since the parties
b. Such incurability may be absolute or even relative only in regard to the other would have had no impelling cause to present evidence to that effect at the time
spouse, not necessarily absolutely against everyone of the same sex. this case was tried by the RTC more than ten (10) years ago. From the totality
c. such incapacity must be relevant to the assumption of marriage of the evidence, we are sufficiently convinced that the incurability of
obligations, not necessarily to those not related to marriage, like the exercise respondent’s psychological incapacity has been established by the petitioner.
of a profession or employment in a job. Any lingering doubts are further dispelled by the fact that the Catholic Church
tribunals, which indubitably consider incurability as an integral requisite of
(5) Gravity: Such illness must be grave enough to bring about the disability psychological incapacity, were sufficiently convinced that respondent was so
of the party to assume the essential obligations of marriage. The illness incapacitated to contract marriage to the degree that annulment was
must be shown as downright incapacity or inability, nor a refusal, neglect or warranted.
difficulty, much less ill will.
(6) The essential marital obligations must be those embraced by Najera vs Najera
a. Articles 68 up to 71 of the Family Code as regards the husband and Even if, as contended by petitioner, the factual basis of the decision of the
wife National Appellate Matrimonial Tribunal is similar to the facts established by
b. Articles 220, 221 and 225 of the same Code in regard to parents and petitioner before the trial court, the decision of the National Appellate
their children. Matrimonial Tribunal confirming the decree of nullity of marriage by the court
c. non-complied marital obligation(s) must also be stated in the petition, a quo is not based on the psychological incapacity of respondent. Petitioner,
proven by evidence and included in the text of the decision. therefore, erred in stating that the conclusion of Psychologist Cristina Gates
regarding the psychological incapacity of respondent is supported by the
(7) Interpretations given by the National Appellate Matrimonial Tribunal of decision of the National Appellate Matrimonial Tribunal.
the Catholic Church in the Philippines, while not controlling or decisive, should
be given great respect by our courts. Ferraris vs Ferraris
Marcos vs Marcos
In determining the import of "psychological incapacity" under Article 36, it must
relaxation of medical/ clinical examination – personal or medical or be read in conjunction with, although to be taken as distinct from Articles 35,21
psychological examination of the respondent is not a requirement for a 37,22 38,23 and 41 that would likewise, but for different reasons, render the
declaration of PI. if the totality of evidence sufficient to warrant a finding that marriage void ab initio, or Article 45 that would make the marriage merely
spouse is PI, no need for medical exam. voidable, or Article 55 that could justify a petition for legal separation.
Dedel vs CA Care must be observed so that these various circumstances are not applied so
Sexual infidelity or perversion and abandonment do not by themselves indiscriminately as if the law were indifferent on the matter. Article 36 should
constitute psychological incapacity within the contemplation of the Family not to be confused with a divorce law that cuts the marital bond at the time the
Code. Neither could her emotional immaturity and irresponsibility be equated causes therefor manifest themselves.
with psychological incapacity.
Neither it is to be equated with legal separation, in which the grounds need not
It must be shown that these acts are manifestations of a disordered personality be rooted in psychological incapacity but on physical violence, moral pressure,
which make respondent completely unable to discharge the essential moral corruption, civil interdiction, drug addiction, habitual alcoholism, sexual
obligations of the marital state, not merely due to her youth, immaturity or infidelity, abandonment and the like.
sexual promiscuity.
Paras vs Paras
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Based on the syllabus of Atty. Lydia Galas A.Y. 2021-2022, 2018-2019 TSN and Matt Santiago’s Notes 2020-2021
*Includes new cases
Ground: infidelity, profligacy which includes the falsification of her signature in Psychological incapacity must be more than just a "difficulty," "refusal" or
one of the loan documents, failure to support the children, and abandonment of "neglect" in the performance of the marital obligations; it is not enough that a
the family. party prove that the other failed to meet the responsibility and duty of a married
person.
SC: While this Court is convinced that the charges hurled against Justo by Rosa,
such as sexual infidelity, falsification of her signature, abandonment and There must be proof of a natal or supervening disabling factor in the person - an
inadequate support of children, are true, nonetheless, there is nothing in the adverse integral element in the personality structure that effectively
records showing that they were caused by a psychological disorder on his part. incapacitates the person from really accepting and thereby complying with the
In other words, the totality of the evidence is not sufficient to show that Justo is obligations essential to marriage - which must be linked with the manifestations
psychologically incapacitated to comply with the essential marital obligations. of the psychological incapacity.
Azcueta vs. Republic It is not enough to prove that a spouse failed to meet his responsibility and duty
- as a married person; it is essential that he must be shown to be incapable of
doing so due to some psychological illness. The psychological illness that must
Kalaw vs. Fernandez afflict a party at the inception of the marriage should be a malady so grave and
The husband presented his psychologist and a canon law lawyer who is the permanent as to deprive the party of his or her awareness of the duties and
advocate before the national matrimonial tribunal. The testimony of the responsibilities of the matrimonial bond he or she was then about to assume.
psychologist must not be taken in isolation. All three testimonies must be taken
into account. The testimony of the psychologist of the wife said that Elena (wife) Dan vs Dan
is suffering from narcissistic personality disorder and antisocial personality "What is important is the presence of evidence that can adequately establish the
disorder – was affirmed by the canon lawyer – declared psych incapacitated. party's psychological condition."21 "[T]he complete facts should allege the
physical manifestations, if any, as are indicative of psychological incapacity at
Republic vs Romero the time of the celebration of the marriage"22 such that "[i]f the totality of
Obsessive Compulsive Personality disorder; not properly explained and evidence presented is enough to sustain a finding of psychological incapacity,
dismissed due to lack of juridical antecedence. then actual medical examination of the person concerned need not be resorted
to."
Matudan vs Republic
'Psychological incapacity,' as a ground to nullify a marriage under Article 36 of Republic vs Javier
the Family Code, should refer to no less than a mental-- not merely physical - While the Court has consistently followed the parameters in Republic v.
incapacity that causes a party to be truly incognitive of the basic marital Molina,34 these guidelines are not meant to straightjacket all petitions for
covenants that concomitantly must be assumed and discharged by the parties declaration of nullity of marriage. The merits of each case are determined on a
to the marriage which, as so expressed in Article 68 of the Family Code, among case-to-case basis, as no case is on all fours with another.
others, include their mutual obligations to live together, observe love, respect
and fidelity and render help and support. There is hardly any doubt that the "Grandiose self[-]existence," which proceeded from his "ideas of preference
intendment of the law has been to confine the meaning of 'psychological towards ideal love and ideal marriage." Dr. Adamos also found that Martin
incapacity' to the most serious cases of personality disorders clearly lacked empathy, leading him to disregard and ignore the feelings of Michelle –
demonstrative of an utter insensitivity or inability to give meaning and declared void.
significance to the marriage.
Republic vs Mola Cruz
Castillo vs Republic It is true that sexual infidelity and abandonment are grounds for legal
The probative force of the testimony of an expert does not lie in a mere separation. A person with such a disorder was characterized as selfish and
statement of her theory or opinion, but rather in the assistance that she can egotistical, and demands immediate gratification.
render to the courts in showing the facts that serve as a basis for her criterion
and the reasons upon which the logic of her conclusion is founded. Such blatant insensitivity and lack of regard for the sanctity of the marital bond
and home cannot be expected from a married person who reasonably
Irreconcilable differences, sexual infidelity or perversion, emotional immaturity understand the principle and responsibilities of marriage.
and irresponsibility and the like, do not by themselves warrant a finding of
psychological incapacity under Article 36, as the same may only be due to a Go-yu vs Yu
person's refusal or unwillingness to assume the essential obligations of An unsatisfactory marriage is not a null and void marriage. This Court has
marriage. repeatedly stressed that Article 36 of the Family Code is not to be confused with
a divorce law that cuts the marital bond at the time the causes therefor manifest
In order for sexual infidelity to constitute as psychological incapacity, the themselves. It refers to a serious psychological illness afflicting a party even
respondent's unfaithfulness must be established as a manifestation of a before the celebration of the marriage. Mere irreconcilable differences and
disordered personality, completely preventing the respondent from conflicting personalities in no wise constitute psychological incapacity.
discharging the essential obligations of the marital state; there must be proof of
a natal or supervening disabling factor that effectively incapacitated him from Simundac-Keppel vs Keppel
complying with the obligation to be faithful to his spouse. It is indispensable that Based on the Nationality Principle, which is followed in this jurisdiction, and
the evidence must show a link, medical or the like, between the acts that pursuant to which laws relating to family rights and duties, or to the status,
manifest psychological incapacity and the psychological disorder itself. condition and legal capacity of persons are binding upon citizens of the
Philippines, even though living abroad it was the pertinent German law that
Del Rosario vs Del Rosario governed - Philippine law finds no application herein as far as the family rights
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Persons and Family Relations Review Cases | Evanne Maliones
Based on the syllabus of Atty. Lydia Galas A.Y. 2021-2022, 2018-2019 TSN and Matt Santiago’s Notes 2020-2021
*Includes new cases
and obligations of the parties who are foreign nationals are concerned – cannot
invoke art 36. Anaban et al vs Anaban
Reiteration:
Castro vs Castro Other than for purposes of remarriage, no judicial action is necessary to declare
A medical assessment w/c declares a party’s psychological incapacity does not a marriage an absolute nullity. For other purposes, such as but not limited to
guarantee the grant of a petition for declaration of nullity of marriage. The facts determination of heirship, legitimacy or illegitimacy of a child, settlement of
of each case must be examined to determine whether the same rationalize the estate, dissolution of property regime, or a criminal case for that matter, the
legal dissolution of a marriage. court may pass upon the validity of marriage even in a suit not directly
instituted to question the same so long as it is essential to the determination of
The fact of being jobless, possessive, suspicious, reluctant to confide do not the case. This is without prejudice to any issue that may arise in the case. When
merit a pronouncement of psychological incapacity. such need arises, a final judgment of declaration of nullity is necessary even if
the purpose is other than to remarry.
Republic vs Calingo
Unequivocally, psychological incapacity must be more than just a "difficulty," David vs Calilung
"refusal" or "neglect" in the performance of the marital obligations; it is not AM 2-11-10-SC, governing declaration of nullity & annulment of marriage
enough that a party prove that the other failed to meet the responsibility and makes it the sole right of the husband & wife to file a petition for declaration of
duty of a married person. nullity of a void marriage.
NOTE: In Juliano Llave vs Republic, SC stated that while AM 2- 11- 10 –SC limits
Calma-Santos vs Calma only to husband & wife the filing of a petition for nullity, it does not shut out
Expert findings on either of the spouses’ psychological incapacity obtained from the prior spouse from filing a suit – if the ground is a bigamous subsequent
direct, personal examination is not an absolute and indispensable marriage.
requirememnt; can be based on totality of evidence.
But in this case, the petition was not anchored on the ground of bigamy – instead
Santos-Gantan vs Gantan on non-compliance w/ art 52 & 53. As such, the previous spouse was not
The oft-referred "totality of evidence" is a short and simple way of expressing considered as an injured spouse in a bigamous marriage – SC said the prior
the allocation of the burden of proof in a civil case for nullity of marriage under spouse was thus not entitled to file a petition for nullity of the subsequent
Article 36, Family Code. The burden of proof lies upon the petitioner to prove marriage.
his or her case by preponderance of evidence. The burden of proof is discharged
by the petitioner if he or she is able to prove his or her cause of action more Reiteration of ninal v bayadog
likely than not. In that case, the SC allowed the children by a previous marriage to file a direct
action to declare a subsequent marriage void AFTER the death of their father –
The rule of totality of evidence does not add a new dimension in terms of unvolved a marriage under CC
structuring or facilitating the analysis in an Article 36 petition. Trial courts are
directed to apply the totality of evidence rule. The rule makes no reference to As it stands now, Section 2, paragraph (a) of A.M. No. 02-11-10-SC explicitly
how trial courts should assess facts that are asserted in the expert report but do provides the limitation that a petition for declaration of absolute nullity of void
not appear in sworn proof on the trial of the civil case, being data outside of the marriage may be filed solely by the husband or wife. Such limitation demarcates
trial record or facts not in evidence. The lack of a precise framework impacts on a line to distinguish between marriages covered by the Family Code and those
the evaluation of the totality of evidence. solemnized under the regime of the Civil Code.
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Persons and Family Relations Review Cases | Evanne Maliones
Based on the syllabus of Atty. Lydia Galas A.Y. 2021-2022, 2018-2019 TSN and Matt Santiago’s Notes 2020-2021
*Includes new cases
The best evidence of contracting a subsequent marriage in good faith, despite A petition for judicial declaration that petitioner's husband is presumed to be
the existence of a previous one is the decree of presumptive death. dead cannot be entertained because it is not authorized by law. Under the Civil
Code, the presumption of death is established by law19 and no court declaration
Civil Code Family Code is needed for the presumption to arise. Since death is presumed to have taken
For purposes of the marriage, it is not necessary Judicial declaration is place by the seventh year of absence.
to have the former spouse judicially declared an needed before the
absentee before the spouse present may contract spouse can remarry
a subsequent marriage. Santos vs Santos
The proper remedy for a judicial declaration of presumptive death obtained by
The law only requires that
1. the former spouse had been absent for 7 extrinsic fraud is an action to annul the judgment. An affidavit of reappearance
consecutive years at the time of the second is not the proper remedy when the person declared presumptively dead has
marriage, never been absent.
2. that the spouse present does not know his or
her former spouse to be living, Republic vs Villanueva
3. that such former spouse is generally reputed Mere absence of the spouse (even beyond the period required by law), lack of
to be dead and the spouse present so believes any news that the absentee spouse is still alive, mere failure to communicate, or
at the time of the celebration of the marriage. general presumption of absence under the Civil Code would not suffice.
Republic vs CA & allegro The premise is that Article 41 of the Family Code places upon the present spouse
The belief of the present spouse must be the result of proper and honest to the burden of complying with the stringent requirement of well-founded belief
goodness inquiries and efforts to ascertain the whereabouts of the absent which can only be discharged upon a showing of proper and honest-to-goodness
spouse and whether the absent spouse is still alive or is already dead. Whether inquiries and efforts to ascertain not only the absent spouse's whereabouts but,
or not the spouse present acted on a well-founded belief of death of the absent more importantly, whether the absent spouse is still alive or is already dead.
spouse depends upon the inquiries to be drawn from a great many
circumstances occurring before and after the disappearance of the absent Republic vs Sarenogan
spouse and the nature and extent of the inquiries made by present spouse. The "well-founded belief" requisite under Article 41 of the Family Code is
complied with only upon a showing that sincere honest-to-goodness efforts had
indeed been made to ascertain whether the absent spouse is still alive or is
already dead. Mere absence of the spouse (even for such period required by the
Although testimonial evidence may suffice to prove the well-founded belief of
law), or lack of news that such absentee is still alive, failure to communicate [by
the present spouse that the absent spouse is already dead, the Court warned
the absentee spouse or invocation of the] general presumption on absence
against collusion between the parties when they find it impossible to dissolve
under the Civil Code [would] not suffice.
the marital bonds through existing legal means. It is also the maxim that "men
readily believe what they wish to be true."
Legal remedies available in a summary proceeding for declaration of
presumptive death:
SSS vs Vda de Bailon
1. if aggrieved by RTC decision, file w/ CA a petition for certiorari –
Where a person has entered into two successive marriages, a presumption
Rule 65
arises in favor of the validity of the second marriage, and the burden is on 2. Assail CA decision to SC via petition for review on Certiorari – rule
the party attacking the validity of the second marriage to prove that the first
54
marriage had not been dissolved; it is not enough to prove the first marriage, for
it must also be shown that it had not ended when the second marriage was
Republic vs Tampus
contracted.
Similar ruling on well founded belief
The presumption in favor of the innocence of the defendant from crime or
wrong and of the legality of his second marriage, will prevail over the Republic vs Catubag
presumption of the continuance of life of the first spouse or of the continuance Art 40 p(2)
of the marital relation with such first spouse. For the purpose of contracting the subsequent marriage under the preceding
paragraph, the spouse present must institute a summary proceeding for the
Civil code Family Code declaration of presumptive death of the absentee.
A subsequent marriage being voidable, it No judicial proceeding to
is terminated by final judgment of annul a subsequent marriage Consequently, parties cannot seek reconsideration, nor appeal decisions in
annulment in a case instituted by the is necessary – enter art 42 --- summary judicial proceedings under the Family Code because by express
absent spouse who reappears/ by either mandate of law, judgments rendered thereunder are immediately final and
of the spouses in the subsequent marriage
executory.
Art. 42. The subsequent marriage referred to in the preceding Article shall be
In seeking a declaration of presumptive death, it is the present spouse who has
automatically terminated by the recording of the affidavit of reappearance
the burden of proving that all the requisites under Article 41 of the Family Code
of the absent spouse, unless there is a judgment annulling the previous
are present.
marriage or declaring it void ab initio. Xx
Well founded belief = diligent search/ earnest efforts to find absent spouse.
The termination of the subsequent marriage by affidavit provided by Art 41 does
not preclude the filing of an action in court to prove the reappearance of the
Matias vs Republic
absentee and obtain a declaration of dissolution or termination of the subsequent
Under Art 41, the presumption of death established therein is only applicable
marriage.
for the purpose of contracting a valid subsequent.
Mere reappearance will not terminate the subsequent marriage if the
Here, the purpose was solely to claim for the benefit under P.D. No. 1638 as
absentee reappears, but no step is taken to terminate the subsequent marriage,
amended.
either
1. by affidavit or
Given that her petition for the declaration of presumptive death was not filed
2. by court action.
for the purpose of remarriage, petitioner was clearly relying on the
Since the second marriage has been contracted because of a presumption that presumption of death under either Article 390 or Article 391 of the Civil Code
as the basis of her petition.
the former spouse is dead, such presumption continues in spite of the spouse’s
physical reappearance, and by fiction of law, he or she must still be regarded as
But if 390/391 – no need for a judicial declaration – it’s just a presumption –
legally an absentee until the subsequent marriage is terminated as provided by
law. still disputable.
Republic vs Quinonez
If the subsequent marriage is not terminated by registration of an affidavit of
reappearance or by judicial declaration but by death of either spouse – The law did not define what is meant by '"well-founded belief." It depends upon
(Tolentino) - [G]enerally if a subsequent marriage is dissolved by the death of the circumstances of each particular case. Its determination, so to speak,
either spouse, the effects of dissolution of valid marriages shall arise. The good remains on a case-to-case basis. To be able to comply with this requirement, the
or bad faith of either spouse can no longer be raised, because, as in annullable present spouse must prove that his/her belief was the result of diligent and
or voidable marriages, the marriage cannot be questioned except in a direct reasonable efforts and inquiries to locate the absent spouse and that based on
action for annulment. these efforts and inquiries, he/she believes that under the circumstances, the
absent spouse is already dead. It requires exertion of active effort (not a mere
Valdez vs Republic passive one).
Presumption of death cannot be the subject of court proceedings independent
of the settlement of the absentee's estate. ARTICLE 42 – requirement is absentee spouse reappear
15 | P a g e
Persons and Family Relations Review Cases | Evanne Maliones
Based on the syllabus of Atty. Lydia Galas A.Y. 2021-2022, 2018-2019 TSN and Matt Santiago’s Notes 2020-2021
*Includes new cases
Here, where the spouse was never absent, the court agreed that for the purpose NOTE: the definition of "net profits" in Article 102(4) of the Family Code applies
of not only terminating the subsequent marriage but also of nullifying the to both the absolute community regime and conjugal partnership regime as
effects of the declaration of presumptive death and the subsequent provided for under Article 63, No. (2) of the Family Code, relative to the
marriage, mere filing of an affidavit of reappearance would not suffice. The provisions on Legal Separation.
choice to file an action for annulment of judgment will, therefore, lie.
ACOP CPOG
ARTICLE 45-47 – voidable marriages/ grounds/ prescriptive periods For purposes of computing the Each of the couple has his and her own
net profits subject to property and debts. The law does not
Villanueva vs CA forfeiture, said profits shall be intend to effect a mixture or merger of
Lack of cohabitation is, per se, not a ground to annul a marriage. Otherwise, the the increase in value between those debts or properties between the
validity of the marriage will depend upon the will of the spouses who can the market value of the spouses. Rather, it establishes a complete
terminate the marital union by refusing to cohabitate. The failure to cohabit community property at the separation of capitals.
becomes relevant only if it arises as a result of the perpetration of any of the time of the celebration of the
grounds for annulling the marriage. marriage and the market value
at the time of its dissolution. STEPS in liquidation:
1. inventory of all properties shall be
Almelor vs RTC
STEPS: made listing couple’s conjugal &
Homosexuality per se is not the ground to annul – it is the concealment of 1. first find the market value separate properties
homosexuality that is the ground to annul. of the properties at the 2. the benefit received by a spouse from
time of the community's the conjugal partnership during the
ARTICLE 48 – Appearance of prosecuting attorney dissolution. marriage is returned in equal amount
2. From the totality of the to the assets of the conjugal
Ancheta vs Ancheta market value of all the partnership;81 and if the community
Guidelines in the interpretation and application of Art. 48 of the Family Code: properties, we subtract is enriched at the expense of the
the debts and obligations separate properties of either spouse,
of the absolute community a restitution of the value of such
The trial court must and this result to the net properties to their respective owners
1. order the prosecuting attorney or fiscal and the Solicitor General to appear assets or net remainder of shall be made.
as counsel for the state. the properties of the 3. the couple's conjugal partnership
2. No decision shall be handed down unless the Solicitor General issues a absolute community, shall pay the debts of the conjugal
certification, which will be quoted in the decision, briefly stating therein his 3. from which we deduct the partnership; while the debts and
reasons for his agreement or opposition, as the case may be, to the petition. market value of the obligation of each of the spouses shall
3. The Solicitor General, along with the prosecuting attorney, shall submit to properties at the time of be paid from their respective separate
the court such certification within fifteen (15) days from the date the case marriage, which then properties.
is deemed submitted for resolution of the court. results to the net profits. 4. what remains of the separate or
4. The Solicitor General shall discharge the equivalent function of the defensor exclusive properties of the husband
vinculi contemplated under Canon 1095. and of the wife shall be returned to
each of them.
In all cases for annulment, declaration of nullity of marriage and legal
Here, properties were all acquired during the marriage.
separation, the prosecuting attorney or fiscal is ordered to
1. appear on behalf of the State for the purpose of preventing any collusion
In the instant case, since it was already established by the trial court that
between the parties and to take care that their evidence is not fabricated or
the spouses have no separate properties, there is nothing to return to any
suppressed.
of them.
2. If the defendant-spouse fails to answer the complaint, the court cannot
declare him or her in default but instead, should order the prosecuting
Therefore, when the spouses did not bring any property into the marriage, all
attorney to determine if collusion exists between the parties.
properties at the dissolution of the marriage are net profits. Consequently,
3. The prosecuting attorney or fiscal may oppose the application for legal
forfeiture is of the entire share - like in the absolute community regime,
separation or annulment through the presentation of his own evidence, if
nothing will be returned to the guilty party in the conjugal partnership
in his opinion, the proof adduced is dubious and fabricated.
regime, because there is no separate property which may be accounted for in
the guilty party's favor.
ARTICLES 50-51 – Effects if marriage is annulled under Art 45 or void
under art 40
Concept of vested right
16 | P a g e
Persons and Family Relations Review Cases | Evanne Maliones
Based on the syllabus of Atty. Lydia Galas A.Y. 2021-2022, 2018-2019 TSN and Matt Santiago’s Notes 2020-2021
*Includes new cases
The concept of "vested right" is a consequence of the constitutional guaranty of Shirley cannot be held liable to reimburse Nobleza for the payment she there
due process that expresses a present fixed interest which in right reason and was no proof that amount received by Rogelio redounded to the benefit of the
natural justice is protected against arbitrary state action; it includes not only family.
legal or equitable title to the enforcement of a demand but also exemptions from
new obligations created after the right has become vested. Rights are Actual contribution is not relevant in determining whether a piece of property
considered vested when the right to enjoyment is a present interest, absolute, is community property for the law itself defines what constitutes community
unconditional, and perfect or fixed and irrefutable. property.
ARTICLES 68-73 – Rights & Obligations between husband & wife Article 91 of the Family Code thus provides:
Ilusorio vs Bildner Art. 91. Unless otherwise provided in this Chapter or in the marriage
No court is empowered as a judicial authority to compel a husband to live with settlements, the community property shall consist of all the property owned by
his wife. Coverture cannot be enforced by compulsion of a writ of habeas corpus the spouses at the time of the celebration of the marriage or acquired thereafter.
carried out by sheriff or by any other process. That is a matter beyond judicial
authority and is best left to the man and woman’s free choice. The only exceptions from the above rule are: (1) those excluded from the
absolute community by the Family Code; and (2) those excluded by the
ARTICLE 87 – Donation between husband & Wife during marriage/ marriage settlement.
prohibition
Under the first exception are properties enumerated in Article 92 of the Family
Arcaba vs. Tabancura Code:
F a widower was accompanied by A. Before F died, he had donated a parcel of 1. Property acquired during marriage by gratuitous title by either
land to A. The heirs of F assail the legality of the donation arguing that it was spouse + fruits as well as income, if any – unless expressly provided
made between common-law spouses. A argues that it was in payment of her past by donor, testator or grantor that they shall form part of the
services and that sexual intercourse is impossible due to A’s old age. community property;
Held: Cohabitation means more than sexual intercourse, especially when one 2. Property for personal and exclusive use of either spouse; however,
of parties is already old and no longer be interested in sex. At the very least, jewelry shall form part of the community property;
cohabitation is the public assumption by a man and a woman of the
marital relation, and dwelling together as man and wife, thereby holding 3. Property acquired before the marriage by either spouse who has
themselves out to the public as such. Their public conduct indicated that legitimate descendants by a former marriage, and the fruits as well
theirs was not just a relationship of caregiver and patient but that of exclusive as the income, if any, of such property.
partners akin to husband and wife. Thus, the donation made by Francisco in
favor of Cirila is void under Article 87. Under Article 94 of the Family Code, the absolute community of property shall
only be "liable for x x x [d]ebts and obligations contracted by either spouse
Perez vs. Perez-Senerpida without the consent of the other to the extent that the family may have been
benefited x x x."
Situation: parties not validly married – article 147 applies, a property registered
in names of the not married people – there is a presumption it was acquired
ARTICLES 105-133 CPOG
thru joint efforts. But a renunciation & waiver of rights was executed [RWR] in
favor of the husband.
Munoz vs Carlos
Effect of marriage nullity decision on the RWR. 1. As a general rule, all property acquired during the marriage, whether the
SC: the RWR is void pursuant to Article 87 of the Family Code. acquisition appears to have been made, contracted or registered in the
name of one or both spouses, is presumed to be conjugal unless the contrary
Art 87 - The prohibition shall also apply to persons living together as husband is proved.
and wife without a valid marriage. 2. Pursuant to Articles 9236 and 10937 of the Family Code, properties
acquired by gratuitous title by either spouse, during the marriage, shall be
Even if the marriage was valid at the time the RWR was executed, it still would excluded from the community property and be the exclusive property of
have been void - because the sale between the spouses during their marriage is each spouse.
proscribed under Article 1490 ofthe Civil Code – 3. Art 120 - in determining the ownership of the improvements that are made
on the separate property of the spouses, at the expense of the partnership
ART. 1490. The husband and the wife cannot sell property to each other, except: or through the acts or efforts of either or both spouses. When the cost of the
(1) When a separation of property was agreed upon in the marriage improvement and any resulting increase in value are more than the value
settlements; or of the property at the time of the improvement, the entire property of one
(2) When there has been a judicial separation of property under Article 191 of the spouses shall belong to the conjugal partnership, subject to
reimbursement of the value of the property of the owner-spouse at the time
Even if the marriage was valid, the donation would still be void pursuant to Art of the improvement; otherwise, said property shall be retained in
98 & 125 of FC. ownership by the owner-spouse, likewise subject to reimbursement of the
cost of the improvement.
ART. 98. Neither spouse may donate any community property without the
consent of the other. However, either spouse may, without the consent of the Ruling: the property remained the exclusive paraphernal property of Erlinda at
other, make moderate donations from the community property for charity or on the time she contracted with the petitioner; the written consent of Eliseo to the
occasions of family rejoicing or family distress. (n) xxxx transaction was not necessary.
ART. 125. Neither spouse may donate any conjugal partnership property
without the consent of the other. However, either spouse may, without the Ayala Investments vs CA
consent of the other, make moderate donations from the conjugal partnership (A) If the husband himself is the principal obligor in the contract, i.e., he directly
property for charity or on occasions of family rejoicing or family distress. received the money and services to be used in or for his own business or his
own profession, that contract falls within the term obligations for the benefit of
Note: among married couples wherein the ACP or the CPG is their property the conjugal partnership." Here, no actual benefit may be proved. It is enough
regime, the consent of both spouses is required under the Family Code whether that the benefit to the family is apparent at the time of the signing of the
the disposition is gratuitous or onerous. contract. It is immaterial, if in the end, his business or profession fails or does
not succeed. Where the husband contracts obligations on behalf of the family
The donation of any property acquired during the cohabitation by one party business, the law presumes, and rightly so, that such obligation will redound to
without the consent of the other can only be but void. The rules on ordinary co- the benefit of the conjugal partnership.
ownership cannot apply to vest validity on the undivided share of the disposing
party. The donation is simply void. (B) If the money or services are given to another person or entity, and the
husband acted only as a surety or guarantor, that contract cannot, by itself,
ARTICLES 88-104 – Absolute Community of Property alone be categorized as falling within the context of "obligations for the benefit
of the conjugal partnership." The contract of loan or services is clearly for
Nobleza vs Nuega the benefit of the principal debtor and not for the surety or his family. No
Husband sells property w/o wife’s consent. Husband adjudged as guilty spouse presumption can be inferred that, when a husband enters into a contract of
and his share in profits forfeited. There was an argument that only 1/2 of the surety or accommodation agreement, it is "for the benefit of the conjugal
property, if ever, shall be rendered void pertaining to that of the share of S. partnership." Proof must be presented to establish benefit redounding to the
conjugal partnership.
SC: Sale is void in its entirety. While TCT shows that subject property was in the
name of Rogelio alone, Shirley was able to prove that she contributed to the Ching vs CA
payment of purchase price. Based on Article 96 of the Family Code, Rogelio For the conjugal partnership to be liable for a liability that should appertain to
could not sell the subject property without the written consent of Shirley or the husband alone, there must be a showing that some advantages accrued to
authority of the court. Without such consent or authority, the entire sale is void. the spouses. To make a conjugal partnership responsible for a liability that
17 | P a g e
Persons and Family Relations Review Cases | Evanne Maliones
Based on the syllabus of Atty. Lydia Galas A.Y. 2021-2022, 2018-2019 TSN and Matt Santiago’s Notes 2020-2021
*Includes new cases
should appertain alone to one of the spouses is to frustrate the objective of the
New Civil Code to show the utmost concern for the solidarity and well-being of Article 173 of the Civil Code allows Aguete to question Ros’ encumbrance of the
the family as a unit. subject property. However, the same article does not guarantee that the courts
will declare the annulment of the contract. Annulment will be declared only
Francisco vs Gonzales upon a finding that the wife did not give her consent. In the present case, we
Two instances when the property relations between spouses shall be governed follow the conclusion of the appellate court and rule that Aguete gave her
by the rules on co-ownership: consent to Ros’ encumbrance of the subject property.
(1) when a man and woman capacitated to marry each other live exclusively
with each other as husband and wife without the benefit of marriage; and Heirs of Hernandez vs Mingoa
(2) when a man and woman live together under a void marriage. Art 173, NCC on contracts for sale entered into by husband w/o consent of
spouse - the contract, in its entirety, executed by the husband without the wife’s
Under this property regime of co-ownership, properties acquired by both consent, may be annulled by the wife.
parties during their union, in the absence of proof to the contrary, are presumed
to have been obtained through the joint efforts of the parties and will be owned There is no ambiguity in the wording of the law. A sale of real property of the
by them in equal shares. conjugal partnership made by the husband without the consent of his wife is
voidable. The action for annulment
Article 147 creates a presumption that properties acquired during the 1. must be brought during the marriage and
cohabitation of the parties have been acquired through their joint efforts, work 2. within ten years from the questioned transaction by the wife.
or industry and shall be owned by them in equal shares. It further provides that Failure to do so bars the wife from questioning the sale of the subject property
a party who did not participate in the acquisition by the other party of any to third persons.
property shall be deemed to have contributed jointly in the acquisition thereof
if the former’s efforts consisted in the care and maintenance of the family and Ko vs Aramburo
of the household. Governed by CC, merely voidable on part of the wife – thus subject to
prescription.
Buado vs Nicol
Situation – conjugal property; wife adjudged criminal liability Upon prescription the remedy is to demand only the value of the property
invalidly sold w/o the consent of the wife.
Article 122 of the Family Code explicitly provides that payment of personal
debts contracted by the husband or the wife before or during the marriage shall Cases under the FC
not be charged to the conjugal partnership except insofar as they redounded to
the benefit of the family. Guiang vs CA
Any alienation or encumbrance made after August 3, 1988 when the Family
Unlike in the system of absolute community where liabilities incurred by either Code took effect by the husband of conjugal partnership property without the
spouse by reason of a crime or quasi-delict is chargeable to the absolute consent of the wife is null and void. Such contract is void as one of the essential
community of property, in the absence or insufficiency of the exclusive property elements of a contract is absent. Neither the amicable settlement can be
of the debtor-spouse, the same advantage is not accorded in the system of considered continuing offer that accepted and perfected. The order of events is
conjugal partnership of gains. The conjugal partnership of gains has no duty clear: after the sale, Guiang filed a complaint for trespassing against Corpuz,
to make advance payments for the liability of the debtor-spouse. Conjugal after which the barangay authorities secured an ―amicable settlement. The
property cannot be held liable for the personal obligation contracted by settlement, however, does not mention a continuing offer to sell the property or
one spouse, unless some advantage or benefit is shown to have accrued to an acceptance of such a continuing offer. Its tenor was to the effect that Corpuz
the conjugal partnership. would vacate the property. By no stretch of the imagination can the Court
interpret this document as acceptance mentioned in Article 124.
Pana vs Heirs of Juanite
5 instances of Manalo vs Camaisa
The law requires that the disposition of a conjugal property by the husband as
Article 121 of the FC allows payment of the criminal indemnities imposed on administrator in the appropriate cases require the written consent of the wife;
one spouse, out of the partnership assets even before these are liquidated. otherwise the disposition shall be void. But being merely aware of a transaction
is not consent
It states that such indemnities "may be enforced against the partnership assets
after the responsibilities enumerated in the preceding article have been Note: if the written consent of the other spouse cannot be obtained or is being
covered." No prior liquidation of those assets is required. This is not altogether withheld, the matter may be brought to court which will give the same if
unfair since Article 122 states that "at the time of liquidation of the partnership, warranted by the circumstances.
such [offending] spouse shall be charged for what has been paid for the
purposes above-mentioned." However, it should be stressed that court authorization under Art. 124 is only
resorted to in cases where the spouse who does not give consent is
Cases under the NCC incapacitated.
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Persons and Family Relations Review Cases | Evanne Maliones
Based on the syllabus of Atty. Lydia Galas A.Y. 2021-2022, 2018-2019 TSN and Matt Santiago’s Notes 2020-2021
*Includes new cases
The law is unequivocal when it states that the disposition of conjugal property Neither can there be a grant of reimbursement based on unjust when it is
of one spouse sans the written consent of the other is void. Here, it is an proscribed by the Constitution. However, the ban does not apply to the
established fact that the Kasunduan was entered into solely by Jacinta and improvements built upon the land, houses are co-owned.
signed by her alone. By plain terms of the law therefore, the Kasunduan is void.
But it is construed as a continuing offer and Jorge had the option of either ARTICLE 130 – Nature of disposition of Conjugal assets after death of 1
accepting or rejecting the offer before it was withdrawn by Jacinta and/or spouse w/o liquidation
Dolores.
Go vs. Servacio
First letter - an outright and express repudiation of the Kasunduan. Disposition of the conjugal property after the dissolution of the conjugal
Second letter - varied its terms on material points, i.e., the date of payment of partnership must be made only after the liquidation. – When Marta died in
the balance and the purchase price. 1987, the CPG was dissolved leading to an implied co-ownership among the
husband and the heirs with respect to Marta’s share in CPG. But, Protacio Sr.,
Such counter-offer cannot be construed as evidencing Jorge's consent to or although becoming co-owner with children, he could not yet assert or claim title
acceptance of the Kasunduan for it is settled that where the other spouse's to any specific portion of Marta’s share without an actual partition of the
putative consent to the sale of the conjugal property appears in a separate property being first done by agreement or by judicial decree. However, the sale
document which does not contain the same terms and conditions as in the first to Servacio is not entirely void, making Servacio a co-owner of the property,
document signed by the other spouse, a valid transaction could not have arisen. thus the proper remedy is an action for Partition under Rule 69.
Neither can Jorge's subsequent letters to Dolores be treated as a ratification of
the Kasunduan for the basic reason that a void contract is not susceptible to There are rules to consider:
ratification. Nor can Jorge's alleged participation in the negotiation for the sale (1) If property alienated pertain to the share of surviving spouse the transaction
of the property or his acquiescence to Dolores' transfer to and possession of the is valid;
subject property be treated as converting such continuing offer into binding (2) If after liquidation no more conjugal assets remain then the whole
contract as the law distinctly requires nothing less than a written consent to the transaction is null and void;
sale for its validity. Suffice to say that participation in or awareness of the (3) If half of property alienated belongs to husband and other half to the wife,
negotiations is not consent. the sale corresponding to the husband’s share is valid.
(4)
Hofer vs Yu The sale is void as to the share of the deceased spouse
authority of the wife to execute a contract dealing with conjugal property
during the marriage. Note:
The proper action in cases like this is not for the nullification of the sale or for
Under Article 172 of the New Civil Code, the wife cannot bind the conjugal the recovery of possession of the thing owned in common from the third person
partnership without the husband's consent except in cases provided by law. who substituted the co-owner or co-owners who alienated their shares, but the
division of the common property as if it continued to remain in the possession
The husband, even if he is statutorily designated as administrator of the of the co-owners who possessed and administered it.
conjugal partnership, cannot validly alienate or encumber any real property of
the conjugal partnership without the wife's consent. Domingo vs Molina
Whether the sale of a conjugal property to the spouses Molina without Flora’s
Similarly, the wife cannot dispose of any property belonging to the conjugal consent is valid and legal?
partnership without the conformity of the husband. Marriage: NCC; CPOG
Conjugal pp dissolved: 1968
Even under Article 124 of the Family Code, it is required that any disposition or FC not applied – it would prejudice rights already acquired
encumbrance of the conjugal property must have the written consent of the Setting when wife dies:
other spouse; otherwise, such disposition is void. 1. implied co-ownership between & among her heirs – children &
husband (as to wife’s share of conjugal pp)
The new law provides that the administration of the conjugal partnership 2. husband owns other half of conjugal properties
is now a joint undertaking of the husband and the wife. In all instances, the 3. husband, as co-owner cannot claim title to specific portion w/o
present law specifically requires the written consent of the other spouse or actual partition but he has the right to sell his undivided interest in
authority of the court for the disposition.or encumbrance of the conjugal the property – not including share of co-owners
property, without which the disposition or encumbrance shall be void. 4. if husband sells his interest, it makes the 3p buyer a co-owner of the
subject property to the extent of the husband’s interest
Spouses Anastacio vs Heirs of Coloma
Under Article 1323 of the Civil Code, an offer becomes ineffective upon the Uy vs Estate of Fernandez
death, civil interdiction, insanity, or insolvency of either party before Article 130 of the Family Code is applicable to conjugal partnership of gains
acceptance is conveyed. When Juan died on August 26, 2006, the continuing already established between the spouses prior to the effectivity of the Family
offer contemplated under Article 124 of the Family Code became ineffective and Code pursuant to Article 105 thereof.
could not have materialized into a binding contract. It must be remembered that
Juliana even died earlier on August 17, 2006 and there is no evidence that she Sale of share in conjugal property prior to its liquidation is not void - under the
consented to the sale of the subject property by Juan in favor of petitioners. regime of conjugal partnership of gains, husband and wife are co-owners
of all the property of conjugal partnership.
The fact that Juan and Juliana were separated from bed and board (a mensa et
thoro) at the time of the supposed sale of the subject property by Juan to Upon termination of the conjugal partnership of gains due to the death of either
petitioners did not exempt the disposition from the requirement of obtaining spouse, the surviving spouse has an actual and vested one-half undivided
the other spouse's consent under Article 116 of the Family Code.30 Juan was share of the properties, which does not consist of determinate and segregated
not without any recourse, he should have gotten the required authority from properties until liquidation and partition of the conjugal partnership.
the court.
With respect, however, to the deceased spouse's share in the conjugal
Given that the subject property was the conjugal property of Juan and Juliana, partnership properties, an implied ordinary co-ownership ensues among the
the CA correctly ruled that the sale of the subject property by Juan without the surviving spouse and the other heirs of the deceased.
consent of Juliana in favor of petitioners contemplated in the DAS is void.
3P becomes a co-owner of conjugal PP shares of by surviving spouse – there is
On reimbursement of partnership funds implied co-ownership- but 3p cannot yet assert/ claim title to any specific
portion w/o an actual partition of property by agreement/ judicial decree.
Ferrer vs Ferrer
It is the owner-spouse who has the obligation to reimburse the conjugal Before the partition of a land or thing held in common, no individual or co-
partnership or the spouse who expended the acts or efforts, as the case may be. owner can claim title to any definite portion thereof. All that the co-owner has
Otherwise stated, [buyers] do not have obligation to respect petitioner‘s right is an ideal or abstract quota or proportionate share in the entire land or thing.
to be reimbursed Nevertheless, a co-owner could sell his undivided share.
SC: Helmut cannot seek reimbursement on the ground of equity where it is clear SC:
that he willingly and knowingly bought the property despite the constitutional As to wife’s share; VALID - upheld by the SC – why invalidate her disposition of
prohibition. To allow reimbursement would in effect permit respondent to enjoy ½ her property when it would eventually be her share after termination (there
the fruits of a property which he is not allowed to own. was already termination here, since wife died)
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*Includes new cases
As to remaining undivided portion- null & void – husband did not consent to Proof is necessary to claim a property acquired buring cohabitation as
donation. exclusive - The law is clear, in the absence of proofs to the contrary, any
property acquired by common-law spouses during their period of cohabitation
Remedy: to ask for partition is presumed to have been obtained thru their joint efforts and is owned by them
in equal shares. Their property relationship is governed by the rules on co-
ARTILCES 134-141 Judicial Separation of property during marriage ownership.
Maquilan vs Maquilan Failure to pay balance of the property – not cause for ejectment – but for
Wife committed adultery- convicted & then petition for declaration of nullity of collection of sum of money or rescission of agreement.
marriage filed. Compromise agreement entered into but petition for
repudiation was filed alleging that petitioner was not apprised by the lawyer of Metrobank vs Pascual
the effects of the compromise agreement. Is the compromise agreement valid? If after the declaration of nullity of marriage, but before liquidation & partition
– properties of spouses continue to subsist as conjugal properties until after
Under Article 134, separation of property may be effected voluntarily or for liquidation.
sufficient cause, subject to judicial approval – a compromise agreement – is
allowed under this provi. Pending liquidation, conjugal property is converted to implied co-ownership.
There was no necessity for a public prosecutor to be present in the compromise So conjugal prop, at this state, the wife has a right to mortgage her ½ undivided
agreement proceedings – since the settlement had not relation to the questions share but not the interest of her husband.
surrounding the validity of marriage.
Dino vs Dino
The conviction for the crime of adultery does not carry with it the penalty The liquidation and partition of properties is not a condition sine qua non before
of civil interdiction that deprives the person of the rights to manage her issuance of a decree of nullity of marriage udner art 36. It is not necessary to
property and to dispose her property inter vivos. liquidate the properties of the spouses in the same proceeding for the
declaration of nullity of marriage.
Noveras vs Noveras
Filipinos turned foreighers, obtained divorce decree then wife sought judicial Salas vs Aguila
relief to separate properties as they would have abroad. Divorce decree not Petition for declaration of nullity granted under Art 36.
proven – still deemed married.
Article 147 Presumption of Joint Contribution as Co-owners Entitled to
Proper remedy: Equal Shares; Not Defeated
1. file petition under art 135 (judicial separation of property); since The prima facie presumption was not defeated and rebutted as the declaration
records show they have separated in fact for > 1 year but liquidation was based on psychological incapacity. It presumes that the property is
of properties limited to Phil properties under art 16 obtained through the couple’s joint efforts and governed by the rules of co-
ownership which entitles them to equal shares upon termination of the union.
REGIMES OF UNION W/O MARRIAGE/ UNDER A VOID MARRIAGE Accordingly, the partition of the Discovered Properties as ordered, should be
partition on the basis of co-ownership.
ARTICLE 147
Venturan vs Abuda
Valdez vs RTC In unions between a man and a woman incapacitated to marry each other –
Married – 1971 ownership acquired during subsistence of relationship shall be based on actual
Declared null & void under art 36 – 1194 contribution of parties.
RTC directed them to start proceedings on liquidation of common properties
under Art 147, FC It is necessary for each one of the partners to prove actual contribution to the
acquisition of the property in order to lay any claim to any portion to it.
RTC ruling being questioned: Considering that this Court has already declared
the marriage between petitioner and respondent as null and void ab initio, Failure to prove evidence of actual contribution does not raise presumption of
pursuant to Art. 147, the property regime of petitioner and respondent shall be joint contribution under article 148.
governed by the rules on ownership.
Note: under Art 148 – only properties acquired by both thru actual joint
SC: Property relations of a void marriage is governed by Article 147/ Property contribution owned in common in proportion to respective contributions.
regime on co-ownership.
Beumer vs Beumer
Application of 147 – Foreigner married Filipina, lot bought, title in name of Filipina; filed for
1. man & woman dissolution of conjugal properties. Since there is a constitutional prohibition
2. suffering no legal impediment to marry against foreigners owning land, land awarded to Filipina. Foreigner wanted to
3. live together as husband & wife be reimbursed.
4. under a void marriage or w/o benefit of marriage
Can he be reimbursed? NO. He knew of the prohibition but still bought the land
Effect: and named it after his wife. A contract that violates the constitution is null and
1. Rule is co-ownership void as Article XII, Section VII prohibits.
2. any property acquired during union prima facie presumed obtained
thru joint efforts A case involving a foreigner seeking monetary reimbursement for money spent
3. a party who did not participate in acquisition of property shall still on purchase of Philippine land, the provision on unjust enrichment does not
be considered as having contributed thereto jointly, if said party’s apply if the action is proscribed by the constitution.
efforts consisted in the care & maintenance of the family household.
Ocampo vs Ocampo
Articles 102 and 129 are Only Applicable to Valid and Voidable Marriages;
Marriage dissolved on ground of psychological incapacity – RTC said properties
Irrelevant to Void Marriages except Article 40 on Subsequent Marriages.
belong to them 50-50. Should husband be deprived of his share in the conjugal
It is not then illogical for the provisions of Article 43, in relation to Articles 41
partnership because of bad faith and psychological perversity?
and 42, of the Family Code, on the effects of the termination of a subsequent
marriage contracted during the subsistence of a previous marriage to be made
SC: Art 147 applies. Property acquired by both spouses through their work and
applicable pro hac vice.
industry should be governed by rules on co-ownership. Any property acquired
during the union is prima facie presumed to have been obtained through their
Buenaventura vs CA
joint efforts. Efforts in the care and maintenance in the family are regarded as
Petition for declaration of nullity under art 36; declared void & liquidation contributions.
ordered. What governs their property relations?
Here, there was failure to prove that the properties were acquired via solo
SC: Art 147 (co-ownership) governs void marriages under art 36 - not Article efforts so presumption is co-ownership.
50, 51 and 52 in relation to Article 102 and 129 of the Family Code.
Paterno vs Paterno
The rules set up to govern the liquidation of either the ACP or CGP, the property
While article 129 applies to Art 147 as to liquidation, it’s only up to the delivery
regimes the recognized for valid and voidable marriages, are irrelevant to
of presumptive legitimies because family home/ conjugal home is included in
liquidation of the co-ownership that exists between common law spouses.
the dissolution.
Fruits acquired during the union would be covered by the co-ownership.
If parties decided to separate in fact PRIOR to the declaration of nullity,
Abing vs Waeyan
proeprties acquired during separation is considered as his/hers & will not form
part of the properties subject matter of the division.
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Based on the syllabus of Atty. Lydia Galas A.Y. 2021-2022, 2018-2019 TSN and Matt Santiago’s Notes 2020-2021
*Includes new cases
Thus, the donation of any property acquired during the cohabitation by one ARTICLE149
party without the consent of the other is void.
Romero vs Singson
So sale/ disposition of the ENTIRE property during cohabitation is VOID, True, no suit between members of the same family shall prosper unless it should
(not valid as to share of one party to cohabitation) appear from the verified complaint or petition that earnest efforts toward a
compromise have been made. However, the failure of a party to comply with
If a disposition of a party's share in the property under special co-ownership this condition precedent is not a jurisdictional defect. If the opposition
created by virtue of Article 147 without the consent of the other party is party fails to raise such defect in a motion to dismiss, such defect is deemed
proscribed by law, then, and with more reason, should the disposition of the waived.
entire property under such special co-ownership by a party without the other
party's consent be considered void as well. Moreno vs Moreno- Kahn
Land, family issue but RTC motu proprio ordered dismissal even b4
ARTICLE 148
respondents field motion or responsive pleading invoking such non-
compliance.
Agapay vs Palang
M already married to C but also married E & jointly bought land. When M died, SC: As such ground is not a jurisdiction defect but is a mere condition precedent,
C wanted to recover that property. the courts clearly erred in finding that a motu proprio dismissal was warranted
under circumstances. Article 151 partakes of a condition precedent such
Under Article 148 properties acquired by both parties during cohabitation that the non-compliance therewith constitutes ground for dismissal of suit
through their actual joint contribution must be proven. should the same be invoked by the opposing party at the earliest
opportunity as in the motion to dismiss or in the answer otherwise such ground
If the actual contribution is not proven, there will be no co-ownership and no is deemed waived.
presumption of equal shares.
Since the case involves nephews and nieces the case is not exclusively between
Malilin vs Castillo the “family” members as defined in Article 150 and are considered strangers to
Parties cohabited, under Art 148 – Jose as Article 151 is concerned. Even though the dispute was between Jose and
Article 148 governs property relations of those parties in cohabitation but are his sister the property involved is still co-owned including the nephews and the
incapacitated to marry nieces.
Hence, even if the cohabitation or the acquisition of the property occurred It is not therefore correct that private respondent may be deemed to have
before the Family Code took effect, Article 148 governs. waived the aforesaid defect in failing to move or dismiss or raise the same in the
Answer.
Borromeo vs Descallar
One party was still married when the cohabited – in an adulterous relationship Hiyas Savings bank vs Acuna
– no co ownership exists. Article 151 applies when it is only among family members exclusively. – It
is applicable only in cases which are exclusively between or among
It is then necessary to prove actual joint contribution to be able lay any claim of members of the same family, once a stranger becomes a party to a suit
any portion to it. Titles do not mean ownership, this applies especially involving the members of the same family, the law no longer makes it a
when the title is acquired in bad faith as in the case because there was no condition precedent that earnest efforts be made towards a compromise before
contribution of at least single centavo and no income of her own at that the action can prosper.
time.
21 | P a g e
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Based on the syllabus of Atty. Lydia Galas A.Y. 2021-2022, 2018-2019 TSN and Matt Santiago’s Notes 2020-2021
*Includes new cases
Patricio vs Dario Operative act of creation of FH from the time it is occupied in the
extrajudicially family.
Q; whether partition of the family home is proper where one of the co-owners registration in the Registry of
refuse to accede to such partition on the ground that a minor beneficiary still Property
resides in the said home. 1.
BUT, as ruled in the case of Manacop vs CA:
Notable ruling: While Article 153 of the Family Code provides that the family home is
The law explicitly provides that occupancy of the family home either by the deemed constituted on a house and lot from the time it is occupied as a
owner thereof or by "any of its beneficiaries" must be actual. Actual family residence, it does not mean that said article has a retroactive
occupancy, however, need not be by the owner of the house specifically. effect such that all existing family residences, petitioner's included,
are deemed to have been constituted as family homes at the time of
Rather, the property may be occupied by the "beneficiaries" enumerated in their occupation prior to the effectivity of the Family Code and
Article 154 of the Family Code, henceforth, are exempt from execution for the payment of obligations
a. may include the in-laws where the family home is constituted jointly by incurred before the effectivity of the Family Code on August 3, 1988
the husband and wife. (Mondequillo vs. Breva, 185 SCRA 766).
b. but excludes maids and overseers.
What article 153 means
Requisites to be a beneficiary: that all existing family residences at the time of the effectivity of the Family
1. they must be among the relationships enumerated in Art. 154 of the Code are considered family homes and are prospectively entitled to the
Family Code; benefits accorded to a family home under the Family Code (Modequillo
2. they live in the family home; and vs. Breva, supra).
3. they are dependent for legal support upon the head of the family.
So if the debt was incurred prior to the family code, the property is not
exempt from attachment. (same in this case, CC applies, they did not
Article 159 of the Family Code provides that the family home shall continue constitute it as FH EJ/J)
despite the death of one or both spouses or of the unmarried head of the family
for a period of 10 years or the "family home is the dwelling house where a person and his family
resides and the land on which it is situated," 13 it is understood that the
a. for as long as there is a minor beneficiary, and house should be constructed on a land not belonging to another.
b. heirs cannot partition the same UNLESS the court finds compelling reasons
therefor.
c. Rule applies regardless of who owns the property and who constituted the Cabang vs Basay
FH. Notable rulings:
The actual value of the family home shall not exceed, at the time of its
Effect of Death of spouses/unmarried head of family in family home: constitution, the amount of P300,000.00 in urban areas and P200,000.00 in
No more beneficiary left at the time of death rural areas.
family home will be dissolved or cease, because there is no more reason for its
existence. family home must be constituted on property owned by the persons
constituting it
If there are beneficiaries who survive living in the family home
it will continue for ten years, unless at the expiration of the ten years, there is The family home must be established on the properties of
still a minor beneficiary, in which case the family home continues until that a. the absolute community, or
beneficiary becomes of age. b. the conjugal partnership, or
c. the exclusive property of either spouse with the consent of the other.
Definitive rule in Art 159: d. cannot be established on property held in co-ownership with third
If there are beneficiaries who survive and are living in the family home, it will persons.
continue for 10 years, UNLESS at the expiration of 10 years, there is still a minor e. can be established partly on community property, or conjugal
beneficiary, in which case the family home continues until that beneficiary property and partly on the exclusive property of either spouse with the
becomes of age. consent of the latter
f. If constituted by an unmarried head of a family, where there is no
communal or conjugal property existing, it can be constituted only on
In this case, 3rd req not met - Marcelino Lorenzo R. Dario IV is dependent on his or her own property.
legal support not from his grandmother, but from his father.1âwphi1 Thus,
despite residing in the family home and his being a descendant of Marcelino V. In this case, the property on which the alleged home stands is owned by another
Dario, Marcelino Lorenzo R. Dario IV cannot be considered as beneficiary and petitioners stay was merely of tolerance.
contemplated under Article 154
Eulogio vs Bell
Issue/s
Modequillo vs Bravo
FH constituted prior to effectivity of FC. Under CC, there was a need to constitute a. W.n a hearing to determine the value of respondent’s family home for
a family home judicially or extrajudicially. SC: Ruling – while residential house purposes of execution under art 160 is barred by res judicata
& lot not constituted as a family home judicially/ extrajudicially, it became one b. w/n FH may be sold on execution under Art 160 of FC
by operation of law under art 153 of the FC.
SC:
It is deemed constituted as a family home upon the effectivity of FC on Aug 3, a. Settled rule - that identity of causes of action does not mean absolute
1988 identity. The test to determine whether the causes of action are identical is
to ascertain whether the same evidence will sustain both actions, or whether
there is an identity of the facts essential to the maintenance of the two actions.
If the same facts or evidence would sustain both, the two actions are
Taneo vs CA considered the same, and a judgment in the first case would be a bar to
Sitch: there was a judgment in a civil case and property had to be the subsequent action.
levied..including the family home. So can it be levied? Hence, a party cannot, by varying the form of action or adopting a
different method of presenting the case, escape the operation of the
Notable ruling: principle that one and the same cause of action shall not be twice
litigated between the same parties or their privies.
a. A family home is the dwelling place of a person and his family.
It is a real right, which is gratuitous, inalienable and free from attachment, b. Family home cannot be sold on execution under art 160
constituted over the dwelling place and the land on which it is situated, The nature and character of the property that debtors may claim to be
which confers upon a particular family the right to enjoy such properties, exempt, however, are determined by the exemption statute. The exemption
which must remain with the person constituting it and his heirs. is limited to the particular kind of property or the specific articles prescribed
by the statute; the exemption cannot exceed the statutory limit.
It cannot be seized by creditors except in certain specials cases.
Analysis of Art 155, 157 160 + deliberations of Congress
Civil Code Family Code the exemption of the family home from execution, forced sale or attachment is
FH can be constituted: Registration no longer limited to:
Judicially necessary P300,000 in urban areas and
Extrajudicially Family home is deemed P200,000 in rural areas, UNLESS those maximum values are adjusted by
constituted on a house and lot law.
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Based on the syllabus of Atty. Lydia Galas A.Y. 2021-2022, 2018-2019 TSN and Matt Santiago’s Notes 2020-2021
*Includes new cases
If it is shown, though, that those amounts do not match the present value of the Code, but were existing thereafter, are considered as family homes
peso because of currency fluctuations, the amount of exemption shall be by operation of law and are prospectively entitled to the benefits
based on the value that is most favorable to the constitution of a family accorded to a family home under the Family Code.
home.
Note:
Any amount in excess of those limits can be applied to the payment of any of the Rule- the right to exemption or forced sale under Article 153 of the
obligations specified in Articles 155 and 160. Family Code is a personal privilege granted to the judgment debtor
and as such, it must be claimed not by the sheriff, but by the
Any subsequent improvement or enlargement of the family home by the debtor himself before the sale of the property at public auction.
persons constituting it, its owners, or any of its beneficiaries will still be
exempt from execution, forced sale or attachment provided the following The family home’s exemption from execution must be set up and
conditions obtain: proved to the Sheriff before the sale of the property at public
auction. Failure to do so would estop the party from later
(a) the actual value of the property at the time of its constitution has been claiming the exemption
determined to fall below the statutory limit; and
(b) the improvement or enlargement does not result in an increase in its value Salazar vs Felias
exceeding the statutory limit.
It is not sufficient for the claimant to merely allege that such property is a family
Otherwise, the family home can be the subject of a forced sale, and any amount home. Whether the claim is premised under the Old Civil Code or the Family
above the statutory limit is applicable to the obligations under Articles 155 and Code, the claim for exemption must be set up and proved.
160.
The law explicitly mandates that the occupancy of the family home, either by
To warrant the execution sale of respondents' family home under Article the owner thereof, or by any of its beneficiaries must be actual. This occupancy
160, petitioners needed to establish these facts: must be real, or actually existing, as opposed to something merely
possible, or that which is merely presumptive or constructive.
(1) there was an increase in its actual value;
(2) the increase resulted from voluntary improvements on the property In this case
introduced by the persons constituting the family home, its owners or any Felicitas cannot conveniently claim that the subject property is her family home,
of its beneficiaries; and sans sufficient evidence proving her allegation. It bears emphasis that it is
(3) the increased actual value exceeded the maximum allowed under Article imperative that her claim must be backed with evidence showing that the home
157. was indeed
(i) duly constituted as a family home,
De Mesa vs Acero (ii) constituted jointly by the husband and wife or by an unmarried
For the family home to be exempt from execution, distinction must be head of a family,
made as to (iii) resided in by the family (or any of the family home's
a. what law applies based on when it was constituted and beneficiaries),
b. what requirements must be complied with by the judgment (iv) forms part of the properties of the absolute community or the
debtor or his successors claiming such privilege. conjugal partnership, or of the exclusive properties of either
spouse with the latter's consent, or property of the unmarried
Two sets of rules applicable: head of the family, and
FH constructed before effectivity FH constructed after effectivity of (v) has an actual value of Php 300,000.00 in urban areas, and Php
of FC (Aug 3, 1988) FC 200,000.00 in rural areas.
a. FH must have been constituted a. there is no need to constitute
either judicially or extra- extrajudicially or judicially, and Aside from her bare allegation, Felicitas adduced no proof to substantiate her
judicially as provided under claim that the property sought to be executed is indeed her family home.
Articles 225, 229-231 and 233 of b. the exemption is effective from
the Civil Code. the time it was constituted and
END OF FIRST EXAM CASE COVERAGE
b. Judicial constitution of the c. lasts as long as any of its
family home requires the filing beneficiaries under Art. 154 Dying is easy, living is harder.
of a verified petition before the actually resides therein.
courts and the registration of
George Washington
the court’s order with the d. Family home should belong to the
Registry of Deeds of the area
where the property is located. 1. absolute community
or
c. Extrajudicial constitution is 2. conjugal partnership,
governed by Articles 240 to 242 3. or if exclusively by
of the Civil Code and involves one spouse, its
the execution of a public constitution must
instrument which must also be have been with
registered with the Registry of consent of the other,
Property. and
e. its value must not exceed certain
d. Failure to comply with either amounts depending upon the
one of these two modes of area where it is located.
constitution will bar a judgment
debtor from availing of the f. Further, the debts incurred for
privilege. which the exemption does not
apply as provided under Art. 155
for which the family home is
made answerable must have
been incurred after August 3,
1988.
23 | P a g e
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Based on the syllabus of Atty. Lydia Galas A.Y. 2021-2022, 2018-2019 TSN and Matt Santiago’s Notes 2020-2021
*Includes new cases
Babiera vs Catotal A child born to a husband and wife during a valid marriage is presumed
legitimate. As a guaranty in favor of the child and to protect his status of
Article 171 of the Family Code is not applicable to the present case. A close
legitimacy, Article 167 of the Family Code provides:
reading of this provision shows that it applies to instances in which the father
impugns the legitimacy of his wife's child. The provision, however, presupposes
Article 167. The children shall be considered legitimate although the
that the child was the undisputed offspring of the mother. The present case
mother may have declared against its legitimacy or may have been
alleges and shows that Hermogena did not give birth to petitioner. In other
sentenced as an adulteress.
words, the prayer herein is not to declare that petitioner is an illegitimate child
of Hermogena, but to establish that the former is not the latter's child at all.
The law requires that every reasonable presumption be made in favor of
Verily, the present action does not impugn petitioner's filiation to Spouses
legitimacy.
Eugenio and Hermogena Babiera, because there is no blood relation to impugn
in the first place.
The presumption of legitimacy of the child, however, is not conclusive and
consequently, may be overthrown by evidence to the contrary. Hence, Article
De Jesus vs Heirs of Dizon
255 of the New Civil Code23 provides:
There is perhaps no presumption of the law more firmly established and
founded on sounder morality and more convincing reason than the Article 255. Children born after one hundred and eighty days following
presumption that children born in wedlock are legitimate. the celebration of the marriage, and before three hundred days
following its dissolution or the separation of the spouses shall be
This presumption indeed becomes conclusive in the absence of proof that there presumed to be legitimate.
is physical impossibility of access between the spouses during the first 120 days
of the 300 days which immediately precedes the birth of the child due to Against this presumption no evidence shall be admitted other than that of the
(a) the physical incapacity of the husband to have sexual intercourse with his physical impossibility of the husband’s having access to his wife within the first
wife; one hundred and twenty days of the three hundred which preceded the birth of
(b) the fact that the husband and wife are living separately in such a way that the child.
sexual intercourse is not possible; or
(c) serious illness of the husband, which absolutely prevents sexual intercourse. This physical impossibility may be caused:
1) By the impotence of the husband;
Quite remarkably, upon the expiration of the periods set forth in Article 170, 2) By the fact that husband and wife were living separately in such a way that
and in proper cases Article 171, of the Family Code (which took effect on 03 access was not possible;
August 1988), the action to impugn the legitimacy of a child would no longer be 3) By the serious illness of the husband.24
legally feasible and the status conferred by the presumption becomes fixed and
unassailable. The relevant provisions of the Family Code provide as follows:
ART. 172. The filiation of legitimate children is established by any of
Jurisprudence is strongly settled that the paramount declaration of legitimacy the following:
by law cannot be attacked collaterally, one that can only be repudiated or (1) The record of birth appearing in the civil register or a final
contested in a direct suit specifically brought for that purpose. judgment; or
(2) An admission of legitimate filiation in a public document or a
Indeed, a child so born in such wedlock shall be considered legitimate although private handwritten instrument and signed by the parent concerned.
the mother may have declared against its legitimacy or may have been
sentenced as having been an adulteress. In the absence of the foregoing evidence, the legitimate filiation shall
be proved by:
Liyao vs Tanhoti Liyao (1) The open and continuous possession of the status of a legitimate
While physical impossibility for the husband to have sexual intercourse with his child; or
wife is one of the grounds for impugning the legitimacy of the child, it bears (2) Any other means allowed by the Rules of Court and special laws.
emphasis that the grounds for impugning the legitimacy of the child mentioned
in Article 255 of the Civil Code may only be invoked by the husband, or in proper ART. 175. Illegitimate children may establish their illegitimate
cases, his heirs under the conditions set forth under Article 262 of the Civil Code. filiation in the same way and on the same evidence as legitimate
children.
Impugning the legitimacy of the child is a strictly personal right of the husband,
or in exceptional cases, his heirs for the simple reason that he is the one directly There had been divergent and incongruent statements and assertions bandied
confronted with the scandal and ridicule which the infidelity of his wife about by the parties to the present petition. But with the advancement in the
produces and he should be the one to decide whether to conceal that infidelity field of genetics, and the availability of new technology, it can now be
or expose it in view of the moral and economic interest involved. determined with reasonable certainty whether Rogelio is the biological father
of the minor, through DNA testing.
It is only in exceptional cases that his heirs are allowed to contest such
legitimacy. Outside of these cases, none - even his heirs - can impugn legitimacy; Petitioner argues that a remand of the case to the RTC for DNA analysis is no
that would amount o an insult to his memory. longer feasible due to the death of Rogelio. To our mind, the alleged
Concepcion vs CA impossibility of complying with the order of remand for purposes of DNA
The presumption of legitimacy proceeds from the sexual union in marriage, testing is more ostensible than real. Petitioner’s argument is without basis
particularly during the period of conception.28 To overthrow this presumption especially as the New Rules on DNA Evidence allows the conduct of DNA testing,
on the basis of Article 166 (1)(b) of the Family Code, it must be shown beyond either motu proprio or upon application of any person who has a legal interest
reasonable doubt that there was no access that could have enabled the husband in the matter in litigation.
to father the child.29 Sexual intercourse is to be presumed where personal
access is not disproved, unless such presumption is rebutted by evidence to the The death of the petitioner [putative father] does not ipso facto negate the
contrary.30 application of DNA testing for as long as there exist appropriate biological
samples of his DNA.
The presumption is quasi-conclusive and may be refuted only by the evidence
of physical impossibility of coitus between husband and wife within the first As defined above, the term "biological sample" means any organic material
120 days of the 300 days which immediately preceded the birth of the child.31 originating from a person’s body, even if found in inanimate objects, that is
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*Includes new cases
susceptible to DNA testing. This includes blood, saliva, and other body fluids, (2) Where private handwritten instrument is accompanied by other relevant
tissues, hairs and bones. and competent evidence, it suffices that the claim for filiation therein be
shown to have been made and handwritten by the acknowledging parent, it
Thus, even if Rogelio already died, any of the biological samples as enumerated is merely corroborative with other evidence.
above as may be available, may be used for DNA testing. In this case, petitioner
has not shown the impossibility of obtaining an appropriate biological sample Nepomuceno vs Lopez
that can be utilized for the conduct of DNA testing. Araceli presented as proof a handwritten note where he obligated himself to
given thereon financial support – not sufficient proof. The rule is a notarial
[F]or too long, illegitimate children have been marginalized by fathers who agreement to support a child whose filiation is admitted by the putative father
choose to deny their existence. The growing sophistication of DNA testing can be considered acceptable evidence but in this case, the note does not contain
technology finally provides a much needed equalizer for such ostracized and any statement whatsoever about Arhbencel’s filiation to Nepomuceno. It is,
abandoned progeny. We have long believed in the merits of DNA testing and therefore not deemed as competent evidence of illegitimate filiation. In
have repeatedly expressed as much in the past. This case comes at a perfect time addition, it was not even notarized.
when DNA testing has finally evolved into a dependable and authoritative form
of evidence gathering. We therefore take this opportunity to forcefully reiterate Aguilar vs Siasat
our stand that DNA testing is a valid means of determining paternity. Whether the SSS E-1 Form acknowledged and notarized before a notary public
executed by Alfredo Aguilar, recognizing petitioner as his son is a public
Note: Ong v Diaz- exceptional case. Always remember Art 164 & 167. document that satisfies the requirement of Article 172 to establish petitioner as
son of spouse. – Yes. SSS Form satisfies the requirement for proof of filiation and
Proof of Filiation relationship to the spouse; by itself, it constitutes ‘admission of legitimate
filiation in a public document.’ It is an express recognition.
Fernandez vs CA
Pictures showing the presence of the alleged father in the baptism of the child
are far from proofs that he is the father of child. Baptismal certificates naming Arado sv Alcoran
respondent as father of the child has scant evidentiary value. The certificate of In this case Nicolas had duly acknowledged Anacleto as his illegitimate son.
live birth is not competent since it does not show that the alleged father has a Anacleto’s birth certificate appearing in the Register of Birth showed that
hand in preparation. Nicolas himself caused registration of the birth of Anacleto. The showing was by
means of the name of Nicolas appearing in the column “Remarks” which was the
Fernandez vs Fernandez space provided for the name of the informant of the live birth to be registered.
Application for recognition of back pay - While it may be deemed as public Nicolas had a direct hand in the preparation of the birth certificate and reliance
document, it was not executed to admit filiation of Jose with Rodolfo. The public on the birth certificate of Anacleto as evidence of his paternity was fully
document under Article 172 refers to the written admission of filiation. [back warranted.
pay document is not executed to admit filiation. also discuss on can legitimacy
be collaterally attacked? YES. it can be collaterally attacked. the issue is not NOTE: Law applicable at the time of filing is FC – so court used provision of
about Rodolfo being not the child of jose but that the child was not the child of FC.
both man and woman]
Anacleto cannot inherit from Joaquina – Art 992 – Iron bar rule.
Labagala vs Santiago
The entries made in an income tax return only shows that income tax has been Geronimo vs Santos
paid and the amount thereof. The use of the family name does not establish
Mere use of family name, does not by itself give rise to presumption of
pedigree.
legitimacy. Birth cert was tampered. Mere registration in child in BC as spouses’
LC, is not a valid adoption & does not confer status of legitimacy.
Bernabe vs Alejo
Child born 1981, father died 1993. can he still prove paternity? Calimag vs Heirs of MAcapaz
Yes. His rights are governed by Article 285 of the Civil Code, which allows an The assertion that the birth certificate must be signed by the father in order to
action for the recognition to be filed within 4 years after the child has attained be a competent evidence of legitimate filiation does not fin support in law and
the age of majority. The enactment of the Family Code did not take away that jurisprudence. In fact, the reliance in Roces is misplaced considering that what
right. Family Code cannot impair vested rights. [art 285 is a substantive law, was sought to be proved is the fact of paternity of an illegitimate child and not
gives child right to file petition for recognition – 4 yrs from attaining age of legitimate filiation.
majority]
[only in cases where child is ILC where both signature of F&M should appear –
Dela Rosa vs Vda De Damian if father acknowledges that child is ILC]
Any action for the compulsory acknowledgment has a dual limitation: the
lifetime of the child and the lifetime of the putative parent. On the death of If no recognition, only the signature of the mother is req’d
either, the action for compulsory recognition can no longer be filed. The claim
for voluntary recognition must likewise fail. An authentic writing is the public Such [2 signatures] is not req’d when it involves registration of LC – can be just
instrument or private written document of written admission of filiation. The the mother.
report card and the obituary do not qualify as such authentic writing. The
published obituary is not the authentic writing, what could have been admitted Verily, under Section 5 of Act No. 3753, the declaration of either parent of the
is the manuscript in the handwriting of Guillermo himself and signed by him. new-born legitimate child shall be sufficient for the registration of his birth in
the civil register, and only in the registration of birth of an illegitimate child does
Mere possession of status of ILC does not perse gives recognition to him as the law require that the birth certificate be signed and sworn to jointly by the
ILC – it is merely a mode to compel the father to acknowledge the child. parents of the infant, or only by the mother if the father refuses to acknowledge
the child.
Verceles vs Posada
Verceles admitted his affair with Clarissa, the exchange of love letters between Respondent’s certificates of live birth were duly executed consistent with the
them, and his giving her money during the pregnancy. The letters are private provision of the law respecting the law registration of birth of legitimate
handwritten instruments which establish Aiza’s illegitimate filiation. In children. The fact that only Fidela (mother) signature appear on said document
addition, the array of evidence, the dates, letters, pictures, and testimonies, are is of no moment because Fidela only signed as declarant or informant of the
convincing and irrefutable evidence that Aiza is indeed is his illegitimate child. respondents’ fact or birth as legitimate children.
[no signatures but the last portion merely indicates his nickname + photgraphs
given by verceles to clarissa with dedication and signed by verceles. In his Tamargo vs CA
memorandum, verceles admitted that he had an affair with clarissa and gave her Liability of the adopting parent. – Under Section 13 of RA 8552, a decree of
money when she gave birth to the child] adoption shall be entered which shall be effective as of the date the original
petition was filed (even if adopter dies before decree). But in the case of
Dela Cruz vs Garcia TAMARGO v. CA (209 SCRA 518), the Court ruled that such retroactive effect
should not be understood as to impose liability upon the adopting parents
Note: 9255 is silent as to signature of fr. but should be read in relation to art 175
accruing at a time when the adopting parents had no actual or physical custody
in relation to art 172 p1(#2) which requires that if it is a private handwritten over the adopted child. No presumption of parental dereliction on the part of
instrument, it must be signed by the parent concerned. the adopting parents could have arisen since the adopted child was not in fact
subject to their control at time when tort was committed.
The following are the rules respecting the requirement of affixing signature
of acknowledging parent in any private handwritten instrument wherein an Retroactivity only if it favorable to adopted child, not when it imposes a
admission of filiation of a legitimate or illegitimate child is made: burden
(1) Where the private handwritten instrument is the lone evidence submitted Lahom vs. Sibulo
to prove filiation, there should be strict compliance with the Adopter can no longer rescind adoption. – RA 8552 had abrogated and
requirement of signature; repealed the right of the adopter under the Civil Code and Family Code to
rescind a decree of adoption. The adopter while barred from severing the legal
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*Includes new cases
ties of adoption, can always for valid reasons cause the forfeiture of certain Held: Even though parental authority is severed by virtue of adoption, the ties
benefits like disinheritance (LAHOM v. SIBULO [2003]). between the adoptee and the biological parents are not entirely eliminated
because the latter may still inherit. Cornelio’s death at the time of John’s
NOTE: Section 18 of RA 8552 does not give the adopter the right of minority resulted in the restoration of petitioner’s parental authority over the
representation because this does not involve therein a “reciprocal” right adopted child. On top of this restoration, the fact of petitioner’s dependence on
between parent and child. John was established (BARTOLOME v. SSS).
Landingin vs Republic Ma’am: no need for a court judgment to restore parental auth to parent – can
The requirement of consent and notice to the natural parent. – It is apply by analogy Sec 20, Ra 8552
intended to protect the natural parental relation from unwarranted
interference by interlopers, and to insure the opportunity to safeguard the best In re petition for adoption of Jan Aurel Bulayo
interest of the child. Clearly, the written consent of the natural parents is Is an illegitimate child of the spouse of an adopting alien considered
indispensable for the validity of a decree of adoption. In this case, the aunt “relative by consanguinity or affinity within the fourth civil degree” to
failed to submit the written consent of the mother, Amelia, to the adoption. Even warrant exemption from the residency requirement?
if she alleges that Amelia left for Italy and never came back and that there was
abandonment, she should have then secured consent from the legal guardian if MJ gave birth to Jan Aurel in 1997 not being married, Jan was an illegitimate
indeed there was abandonment. It was shown that Amelia would even send child. Since then MJ had no contact of the biological father of Jan Aurel.
financial support thus it cannot be said that Amelia left for Italy with the
intention of abandoning her children (LANDINGIN v. REPUBLIC [2006]). In 2004, MJ married Kimura (Japanese) got married. In 2009, they filed a joint
petition for adoption of Jan Aurel to have him declared as legitimate son but the
In re Lim RTC denied since Kimura was not compliant with residency/certification
BQ requirement and was not shown to be falling under the exception.
Adoption has, thus, the following effects:
(1) sever all legal ties between the biological parent(s) and the adoptee, except RULE: RA 8552, Section 7(b)(i) and (iii) should extend and apply even to
when the biological parent is the spouse of the adopter; illegitimate children. An illegitimate child is a relative within the first civil
(2) deem the adoptee as a legitimate child of the adopter; and degree of consanguinity of his biological mother. Unlike a nephew or niece, an
(3) give adopter and adoptee reciprocal rights and obligations arising from the illegitimate child belongs to the direct maternal lineage, which is never
relationship of parent and child, including but not limited to: uncertain, and which is not as remote as the nephew or niece. Based on
deliberation in crafting RA 8552, it undoubtedly intended to include Jan Aurel,
a. the right of the adopter to choose the name the child is to be
known; and the biological child of Mary Jane, in the term “relatives” under Section 7(b)(iii)
b. the right of the adopter and adoptee to be legal and compulsory because he was her relative within the first civil degree. Finding otherwise
heirs of each other. would engender a situation where the alien adopter would be able to undergo a
speedy and less expensive adoption process by being able to adopt, say, his
Therefore, even if emancipation terminates parental authority, the adoptee is Filipina spouse’s nephew or niece instead of Filipino spouse’s own child. In
still considered a legitimate child of the adopter with all the rights of a legitimate addition, Court took judicial notice of diplomatic relations of Philippines and
child such as: Japan.
(1) to bear the surname of the father and the mother; Suzuki vs Office of Solgen
(2) to receive support from their parents; and
Petitoner’s parents, Filipina & Japanese but later divorced. Then mother met
(3) to be entitled to the legitime and other successional rights. Conversely, the
another Japanese and remarried (Hayashi). Hayashi adopted the child based on
adoptive parents shall, with respect to the adopted child, enjoy all the benefits
to which biological parents are entitled20 such as support21 and successional Japanese law. Petitioner sought the adoption to be recognized in the PH via
rights. petition for recognition of foreing judgment. But court said, No- should be under
RA 8552.
Adoption statutes, being humane and salutary, hold the interests and welfare of
the child to be of paramount consideration. Every reasonable intendment SC: You are wrong RTC, this adoption is based on national law of adopting
should be sustained to promote and fulfill these noble and compassionate parents, it being issued in japan. There must be compliance of Sec 24 & 25, Rule
objectives of the law. But, as we have ruled in Republic v. Vergara:24 132, and then relate to Rule 39, Sec 48. What should have been done was just
prove & plead pursuant to Sec 24 & 25 of Rule 132.
We are not unmindful of the main purpose of adoption statutes, which is the
promotion of the welfare of the children. Accordingly, the law should be As already established, the adoption by an alien of the legitimate child of
construed liberally, in a manner that will sustain rather than defeat said his/her Filipino spouse is valid and legal based on Article 184(3) (b) of the
purpose. The law must also be applied with compassion, understanding and less
Family Code and Section 7(b)(i), Article III of RA 8552. Thus, contrary to the
severity in view of the fact that it is intended to provide homes, love, care and
education for less fortunate children. Regrettably, the Court is not in a position RTC's sweeping conclusion against foreign adoption decrees, the Court finds
to affirm the trial court’s decision favoring adoption in the case at bar, for the that the adoption of petitioner by Hayashi , if proven as a fact, can be judicially
law is clear and it cannot be modified without violating the proscription against recognized in the Philippines. Justice Delos Santos aptly propounds that the
judicial legislation. Until such time however, that the law on the matter is rules on domestic adoption should not be pitted against the recognition of a
amended, we cannot sustain the respondent-spouses’ petition for adoption. foreign adoption decree; instead, the better course of action is to reconcile them
and give effect to their respective purposes.
Petitioner, being married at the time the petitions for adoption were filed,
should have jointly filed the petitions with her husband. We cannot make our Judicial recognition of a foreign judgment 1s allowed under Section 48, Rule 39
own legislation to suit petitioner. of the Rules of Court. The rule states that the foreign judgment against a person
is already "presumptive evidence of a right as between the parties." Upon
Requirement to file jointly in case petitioner remarries. – It is undisputed judicial recognition of the foreign judgment, the right becomes conclusive and
that at the time the petitions for adoption were filed for Michelle and Michael,
the judgment serves as the basis for the correction or cancellation of entry in
Monina already remarried. She filed the petition by herself, without being joined
the civil registry.
by her husband Olario. As a rule, the spouse shall apply jointly. It was not shown
in this case that the exceptions apply since Michele and Michael are (1) not
Monina nor Olario’s legitimate child; (2) they are also not the illegitimate child De Asis vs CA
of Monina; and (3) Monina and Olario are not legally separated. In addition, Right to receive support cannot be renounced nor transmitted to another
Olario being an American citizen must comply with the residency requirement. person. – To allow renunciation or transmission is virtually to allow either
Even if the fact that there is no more parental authority since Michele and suicide or conversion of the recipient to a public burden. An agreement for
Michael are no longer minors, one of the effects of adoption is that of succession dismissal of a complainant and support conditioned upon the dismissal of the
counterclaim is in the nature of a compromise that cannot be countenanced. If
Castro vs Gregorio paternity is at issue in a case, its existence or absence must be judicially
De facto separation is not an exception from obtaining consent or from established and cannot be left to the will or agreement of the parties (DE ASIS v.
requirement of joint filing. – In absence of any decree of legal separation or CA [1999]).
annulment, Jose and Rosario remained legally married despite their de facto
separation. His submission of a fraudulent affidavit of consent of Rosario’s name
Gan vs Reyes
cannot be considered compliance of the requisites of the law. Likewise, Joanne’s
written consent who was over 10 years old at the time of the adoption Support immediately executory despite appeal. – The judgments in actions for
proceedings, was necessary for the adoption to be valid, it ensures harmony support are immediately executory and cannot be stayed by an appeal. This is
among prospective siblings an exception to the general rule which provides that the taking of an appeal
stays the execution of the judgment. In all cases involving a child, his interest
Bartolome vs SSS and welfare are always the paramount concerns. It would be a travesty to refuse
Death of adopter when adoptee was minor reverts authority to the natural him support until the decision of the trial court attains finality while time
parents in cases of claim for death benefits. – John was adopted by Cornelio, continues to slip away (GAN v. REYES [2000]).
who died when John was less than three (3) years old. John unfortunately died
in an incident in the course of work. John’s biological mother, Bernardino now Mangonon vs CA
claim for the benefits but the ECC denied since John was deemed adopted by Support in arrears. – In MANGONON v. CA (2006), the SC allowed the payment
Cornelio and under RA 8552, Section 16, relationship to her is severed.
of support in arrears considering that the children, who should be given
support, must have already finished their schooling by the time the decision was
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Based on the syllabus of Atty. Lydia Galas A.Y. 2021-2022, 2018-2019 TSN and Matt Santiago’s Notes 2020-2021
*Includes new cases
rendered. The amount of support to be paid was computed from the time they to claim support in their behalf. In increasing the amount of support due from
entered college until they have finished their studies. petitioner based on the needs of all three children, the RTC gravely abused its
discretion.
Lim vs Lim
Concurrent liability of grandparents only extends to their descendants by blood. It is also to be noted that the instant petition was filed in 2014. Since then, the
– The liability of ascendants to provide legal support to their descendants is parties’ youngest daughter had likewise reached the age of majority. In view of
beyond cavil. Here, there is no question that Cheryl is unable to discharge her this change in circumstance, petitioner can no longer be obliged to pay
obligation to provide sufficient legal support to her children, then all school P250,000.00 to respondent. This is without prejudice to petitioner’s liability for
bound. It is also undisputed that Edward can only give around P6000/month, support in arrears, if any, and for any subsisting obligation to provide support
insufficient for such basic needs, this inability of Edward and Cheryl (as parents) directly to his daughters.
shifts a portion of their obligation to the ascendants in the nearest degree in
both paternal and maternal lines – to hold otherwise would lead to extreme Indeed, petitioner is not precluded from seeking the reduction of the amount of
material deprivation of children but this concurrent obligation extends only to support he was obliged to provide in the event that he can sufficiently prove
their descendants by blood of lower degree – thus only to the grandchildren in that its reduction is warranted. After all, judgment of support does not become
this case. Cheryl (wife) can receive support from her maternal line and Edward. final, and may be reduced or increased proportionately according to the
In addition, the alternative option to live in the dwelling is not available since reduction or increase of the necessities of the recipient and the resources or
one cannot expect Cheryl to live where Edward committed infidelity (LIM v. means of the person obliged to support.
LIM, 604 SCRA 691).
Caravan Travel & Tours vs Abejar
Dolina vs Vallecera Caravan – corpo engaged in travel & tours owner of van driven by bautista. van
Action for RA 9262 is not the proper action to obtain support. – In the pro-forma hit someone. Caravan paid for expenses. The aunt of the victim field complaint
complaint involving RA 9262, Dolina added therein a handwritten prayer for for damages.
financial support for their supposed child. Held: RA 9262 is the wrong action to
obtain support for her child, to be entitled to legal support, it must be Reyes [already 18 y/0] is the deceased person.
established as to the filiation of the child – the proper action is to file for
compulsory recognition. Thus, if filiation is beyond question, support follows as Caravan’s defense:
a matter of obligation. But in this case, Vallecera disowns Dolina’s child and Abejar has no personality to bring this suit because she is not a real party in
denies having a hand in preparation of certificate – thus must be resolved in interest. According to Caravan, Abejar does not exercise legal or substitute
proper case (DOLINA v. VALLECERA [2010]). parental authority. She is also not the judicially appointed guardian or the only
living relative of the deceased.
B4 support can be had, there must be recognition by father. If father refuses,
compel him to recognize. if indeed he is the father, support follows as a matter SC:
of law. (mentions laws on parental & substitute parental authority)
Both of Reyes' parents are already deceased. Reyes' paternal grandparents are
Lim-lua vs Lim also both deceased. The whereabouts of Reyes' maternal grandparents are
What expenses can be deducted from the total support in arrears? – A judgment unknown. There is also no record that Reyes has brothers or sisters. It was
under these circumstances that respondent took custody of Reyes when she was
was made ordering payment of support in arrears, but deduction was made on
such arrears to cover for expenses of cars, tuition, groceries, etc. Held: CA should a child, assumed the role of Reyes' parents, and thus, exercised substitute
parental authority over her. As Reyes' custodian, respondent exercised the full
have not allowed all expenses incurred by respondent to be credited against the
accrued support pendente lite. The deductions should be limited to those basic extent of the statutorily recognized rights and duties of a parent. Consistent
with Article 22061 of the Family Code, respondent supported Reyes' education
needs and expenses under Article 194, (medical, dental, groceries) and should
not cover the value of two expensive cars, etc. (LIM-LUA v. LUA, (2013)]. and provided for her personal needs.
Reyes was already 18 years old when she died. Having reached the age of
What can be deducted from support in arrears – only basic necessities,
medicine, hospitalization, not for maintenance of cars. majority, she was already emancipated upon her death. While parental
authority is terminated upon emancipation, respondent continued to support
BBB vs AAA and care for Reyes even after she turned 18.
May a husband exempt himself from giving support to a child not actually his
but included in legitimation during the subsequent marriage? – The parties do Except for the legal technicality of Reyes' emancipation, her relationship with
not dispute the fact that BBB is not the biological father of CCC. It was then respondent remained the same. The anguish and damage caused to respondent
improper to have CCC legitimated after the celebration of BBB and AAA’s by Reyes' death was no different because of Reyes' emancipation.
marriage. Leading BBB to falsely acknowledge CCC as son. However, the court
In any case, the termination of respondent's parental authority is not an
applied here the principle of estoppel under Article 1431, it held that BBB is
bound by the effects of legitimation process and as such CCC is entitled to the insurmountable legal bar that precludes the filing of her Complaint.
same rights as that of illegitimate child. BUT SC clarified that BBB is not
precluded from raising in a proper case (not in this RA 9262 case) the status and anybody who suffers any damage from culpa aquiliana, whether a relative or
not of the victim, may recover damages from the person responsible therefor.
filiation of CCC. Not in this case since a child’s legitimacy cannot be contested by
way of defense or as a collateral issue (BBB v. AAA, 750 SCRA 188).
Masbate vs Relucio
Can the retirement benefits, which are exempt from attachment or execution, in
which half thereof be withheld for direct remittance for support? – (1) Illegitimate children shall be under the parental authority of the mother. –
This is by express provision of Article 176 of the Family Code. Accordingly,
Pension and gratuity management center v. AAA (2018) mothers are entitled to sole parental authority of their illegitimate children,
Facts: AAA filed an action for support against her husband BBB who was a despite father’s recognition. In the exercise of that authority, mothers are
retired military person. RTC issued Permanent Protection Order decreeing BBB consequently entitled to keep their illegitimate children in their company, and
to support AAA and minor child CCC consisting of 50% of monthly pension to the Court will not deprive them of custody, absent showing of mother’s
be withheld regularly by PGMC to be remitted by check directly to AAA. unfitness.
Held: It has been settled in Republic v. Yahon, that PGMC may be ordered to (2) Choice of parent, not available to illegitimate children. – The choice of a child
over seven (7) years of age shall be considered in custody disputes only between
automatically deduct a portion from retirement benefits of member-recipient
for direct remittance to latter’s legal spouse as and by way of support in married parents, because they are according joint parental authority over the
compliance with a protection order issued by the trial court pursuant to persons of their common children. On the other hand, this choice is not available
provisions of RA 9262 – construed as an exception to the general rule that to an illegitimate child, much more one of tender age such as Queenie, because
retirement benefits are exempt from execution. The Court therein noted that RA sole parental authority is only given to the mother. In addition, Article 213 on
9262 itself explicitly authorizes the courts to order the withholding of a tender-age presumption does not distinguish as to legitimate or illegitimate,
percentage of the income or salary of the defendant or respondent by the thus it is wrong to argue that such presumption only applies when parents are
married. [NOTE: Issue on the substitute parental authority discussed under
employer, which shall be remitted directly to the plaintiff or complainant.
Article 216].
Paterno vs Paterno
Standards in Custody Proceedings
Anent the issue on the propriety of the increase in the amount of support, Article
[1] Default custodial regime or mandatory maternal custody regime – Apply the
198 of the Family Code provides that the obligation of mutual support between
principle of “Tender Age Presumption” under Article 213, par. 2 of the Family
the spouses ceases when a judgment declaring a marriage void becomes final
Code vesting on the mother sole custody of a child under seven (7) years of age
and executory. As the parties’ marriage was declared void on March 11, 2005,
absent compelling reasons not to award custody to her.
petitioner was only obliged to support, after such date, their three children,
[2] Default standards on child custody proceedings – Apply the rule on the “Best
Beatriz, Juliana and Margarita.
Interests of the Child” hence, it is not always an absolute rule that the tender-
age presumption shall apply as the courts shall also take all relevant
According to the petition, at the time the assailed Order of the RTC dated
considerations to determine what is for the best interest of the child.
November 29, 2011 was issued, two of their three daughters already attained
the age of majority. If such is the case, respondent ceased to have the authority
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Eslao vs Ca Not all sexual immorality is a compelling reason to overcome the tender-age
ESLAO v. COURT OF APPEALS (242 SCRA 407). – The law allows a waiver of presumption. “Compelling reasons” can be that of neglect, abandonment,
parental authority only in cases of: unemployment, immorality, habitual drunkenness, drug addiction, insanity. But
(1) Adoption; in this case, the alleged “lesbian relations” cannot be deemed as compelling
(2) Guardianship; and reason to deprive the mother of custody. Sexual preference or moral laxity alone
(3) Surrender to a children’s home or orphanage. does not prove parental neglect or that of incompetence. The mere fact that the
mother is a lesbian is not enough justification to remove child from custody.
But when a parent entrusts the custody of a minor to another, such as a relative,
as in this case, or friend or godfather, even in a document, what is given is
Salientes vs Abanilla
merely temporary custody and it does not constitute abandonment or
Remedy of a father who was separated in fact to get custody: File petition for
renunciation.
habeas corpus
Laxamana vs Laxamana Gamboa-Hirsch v. CA
Husband became drug dependent – made to rehabilitate & declared drug free. Franklin and Agnes have a child, Simone. Franklin wants to stay in Boracay
Custody of children awarded to wife. while Agnes wanted to stay in Makati. Agnes brought Simone to Makati, upon
learning that neither Agnes nor Simone will be coming back to Boracay, Franklin
SC: In controversies involving the care, custody and control of their minor filed a petition for habeas corpus and the CA granted joint custody.
children, the contending parents stand on equal footing before the court who
shall make the selection according to the best interest of the child. Held: It was error on the part of the CA to grant joint parental custody without
considering Article 213, here the parties are “separated in fact” and that in that
The child if over seven years of age may be permitted to choose which parent case, the tender age presumption applies – custody shall be with the mother of
he/she prefers to live with, but the court is not bound by such choice if the Simone who was 4 years old. No proof that Agnes was unfit or due to compelling
reasons.
parent so chosen is unfit.
Dacasin v. Dacasin
In all cases, the sole and foremost consideration is the physical,
Sharon and Herald obtained a divorce decree from Illinois court which granted
educational, social and moral welfare of the child concerned, taking into
Sharon sole custody of Stephanie. But later, the parties executed in Manila an
account the respective resources as well as social and moral situations of the agreement for joint custody of their daughter. Herald then sued Sharon for
opposing parents. violation of such joint custody agreement. At this time Stephanie was under 7
years old and they were no longer married under Philippine Law.
note that no trial was conducted here – the parties merely submitted the case
for resolution on the basis of a psych report. Held: The post-divorce joint custody agreement in not valid. This award of sole
parental custody to the mother is mandatory, grounded on sound policy
SC: the court a quo should have conducted a trial notwithstanding the consideration, subject only to a narrow exception not alleged to be present in
agreement of the parties to submit the case for resolution. this case. The agreement’s object to establish a post-divorce custody regime
between them over their minor child under 7 years old contravenes Philippine
The fundamental policy of the State to promote and protect the welfare of law. The agreement would be valid if the spouses have not divorced because the
children shall not be disregarded by mere technicality in resolving disputes law provides for joint parental authority when spouses live together.
which involve the family and the youth.
CHILD ABUSE, ETC
The results of the psychiatric evaluation showing that he is not yet "completely Torres vs People
cured" may render him unfit to take custody of the children, but there is no Issue: Is the act of whipping AAA child abuse or merely slight physical injuries?
evidence to show that respondent is unfit to provide the children with adequate – Child abuse.
support, education, as well as moral and intellectual training and development.
Held: Although it is true that not every instance of laying of hands on the child
Moreover, the children in this case were 14 and 15 years old at the time of the constitutes child abuse, petitioner's intention to debase, degrade, and demean
promulgation of the decision, yet the court did not ascertain their choice as to the intrinsic worth and dignity of a child can be inferred from the manner in
which parent they want to live with. which he committed the act complained of. To note, petitioner used a wet t-shirt
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to whip the child not just once but three (3) times. Common sense and human court, which has the duty to consider carefully the consequences of a
experience would suggest that hitting a sensitive body part, such as the neck, change of name and to deny the same unless weighty reasons are shown.
with a wet t-shirt would cause an extreme amount of pain, especially so if it was
done several times. There is also reason to believe that petitioner used excessive Confusion indeed might arise with regard to private respondent's parentage
force. Otherwise, AAA would not have fallen down the stairs at the third strike. because of her surname. But even, more confusion with grave legal
AAA would likewise not have sustained a contusion. Indeed, if the only intention consequences could arise if we allow private respondent to bear her step-
of petitioner were to discipline AAA and to stop him from interfering, he could father's surname, even if she is not legally adopted by him. While previous
have resorted to other less violent means. Instead of reprimanding AAA or decisions have allowed children to bear the surname of their respective step-
walking away, petitioner chose to hit the latter. fathers even without the benefit of adoption, these instances should be
distinguished from the present case. In Calderon vs. Republic, and Llaneta vs.
Petitioner's act of whipping AAA on the neck with a wet t-shirt is an act that Agrava, this Court allowed the concerned child to adopt the surname of the step-
debases, degrades, and demeans the intrinsic worth and dignity of a child. It is father, but unlike the situation in the present case where private respondent is
a form of cruelty. Being smacked several times in a public place is a humiliating a legitimate child, in those cases the children were not of legitimate parentage.
and traumatizing experience for all persons regardless of age.
Julien Lin Wang vs Cebu Civil registrar
PROCEDURE RE: SUMMARY PROCEEDINGS IN THE FAMILY CODE
Mother filed petition to drop middle name as they would be permanently
residing in SG and there is no middle name in Singapore.
Republic vs CA
A petition for declaration of presumptive death is a summary proceeding under
SC: cannot do.
the Family Code and not a special proceeding under the Revised Rules of Court.
Middle names serve to identify the maternal lineage or filiation of a person as
well as further distinguish him from others who may have the same given name
Republic vs Lorino
and surname as he has.
The judgment of the court in summary proceedings under the Family Code is
deemed “immediately final and executory” it follows then that no appeal can be Our laws on the use of surnames state that legitimate and legitimated children
had of the trial court’s judgment in a summary proceeding for the declaration of shall principally use the surname of the father.20 The Family Code gives
presumptive death of an absent spouse under Article 41 of the Family Code. It legitimate children the right to bear the surnames of the father and the
goes without saying, however, that an aggrieved party may file a petition for mother,21 while illegitimate children shall use the surname of their mother,
certiorari to question abuse of discretion when it amounts to lack of jurisdiction. unless their father recognizes their filiation, in which case they may bear the
But such petition should be filed with the Court of Appeals in accordance with father’s surname.
the doctrine of hierarchy of courts.
Applying these laws, an illegitimate child whose filiation is not recognized by
Republic vs Tango the father bears only a given name and his mother’s surname, and does not have
The Solicitor General filed a Notice of Appeal with the RTC and CA treated such a middle name. The name of the unrecognized illegitimate child therefore
as an ordinary appeal under Rule 41. Here, the OSG committed a serious identifies him as such. It is only when the illegitimate child is legitimated by the
procedural lapse when it filed a notice of appeal in the Court of Appeals instead subsequent marriage of his parents or acknowledged by the father in a public
of a petition for certiorari. The RTC equally erred in giving due course to the said document or private handwritten instrument that he bears both his mother’s
appeal and ordering the said transmittal of the records of the case to the surname as his middle name and his father’s surname as his surname, reflecting
appellate court. By no means did CA acquire jurisdiction to review the judgment his status as a legitimated child or an acknowledged illegitimate child.
of the RTC, which, by express provision of law, was immediately final and
executory. Accordingly, the registration in the civil registry of the birth of such individuals
requires that the middle name be indicated in the certificate. The registered
Republic vs Fenol name of a legitimate, legitimated and recognized illegitimate child thus contains
A petition for declaration of presumptive death of an absent spouse for the a given or proper name, a middle name, and a surname.
purpose of contracting a subsequent marriage under Article 41 of the Family
Code involves a proceeding that is summary in nature, the judgment of the court Weighing petitioner’s reason of convenience for the change of his name against
therein shall be immediately final and executory. Consequently, a judicial the standards set in the cases he cites to support his contention would show that
declaration of presumptive death cannot be a proper subject of an appeal and his justification is amorphous, to say the least, and could not warrant favorable
the filing of a motion for reconsideration or a notice of appeal is a procedural action on his petition.
misstep which warrants an outright denial or dismissal. The final and executory
nature of the judgment in a petition for declaration of presumptive death In the matter of the adoption of Stephanie Nathy Astorga Garcia
renders the court's dispositions and conclusions therein immutable and May an illegitimate child, upon adoption by her natural father, use the surname
unalterable not only as against the parties, but even as against the courts. of her natural mother as her middle name?
Courts can no longer change, except for correction of clerical errors, the courts SC: nothing in law grants the adopted child to continue using surname of the
- even if the modification is intended to correct erroneous conclusion of fact or mother BUT to allow the continuous loving relationship between the mother
law. and the child, let her continue using Garcia as her middle name.
But the losing party in a summary court proceeding is not left without a legal Full text ruling:
recourse. When the present spouse successfully obtains a judicial declaration of As correctly submitted by both parties, there is no law regulating the use of a
his/her spouse's presumptive death, the OSG may properly bring an original middle name. Even Article 17611 of the Family Code, as amended by Republic
action for certiorari under Rule 65 of the Rules of Court Act No. 9255, otherwise known as "An Act Allowing Illegitimate Children To Use
The Surname Of Their Father," is silent as to what middle name a child may use.
gist: remedy of losing party in a summary proceeding is not appeal but a petition
for certiorari. The middle name or the mother's surname is only considered in Article 375(1),
quoted above, in case there is identity of names and surnames between
SURNAMES ascendants and descendants, in which case, the middle name or the mother's
surname shall be added.
Alfon vs. Republic(1980)
SC: But the word "principally" as used in the codal provision is not equivalent to Notably, the law is likewise silent as to what middle name an adoptee may use.
"exclusively" so that there is no legal obstacle if a legitimate or legitimated child Article 365 of the Civil Code merely provides that "an adopted child shall bear
should choose to use the surname of its mother to which it is equally entitled. the surname of the adopter."
Alanis vs CA The members of the Civil Code and Family Law Committees that drafted the
Courts, like all other government departments and agencies, must ensure the Family Code recognized the Filipino custom of adding the surname of the child's
fundamental equality of women and men before the law. Accordingly, where the mother as his middle name.
text of a law allows for an interpretation that treats women and men more
equally, that is the correct interpretation NOTE: since there is no law prohibiting an illegitimate child adopted by her
natural father, like Stephanie, to use, as middle name her mother's surname, we
Republic vs CA find no reason why she should not be allowed to do so.
Cynthia Vicencio field a petition for change of surname, from "Vicencio" to "Yu".
Republic vs Capote
SC: "The touchstone for the grant of a change of name is that there be "proper When the child is illegitimate & is not recognized by the father, he/ she has no
and reasonable cause" for which the change is sought." middle name.
Private respondent Cynthia Vicencio is the legitimate offspring of Fe Leabres Full text ruling:
and Pablo Vicencio. As previously stated, a legitimate child generally bears the The Family Code gives legitimate children the right to bear the surnames of the
surname of his or her father. It must be stressed that a change of name is a father and the mother, while illegitimate children shall use the surname of their
privilege, not a matter of right, addressed to the sound discretion of the
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mother, unless their father recognizes their filiation, in which case they may ARTICLE 364. Legitimate and legitimated children shall principally use the
bear the father’s surname. surname of the father.
Applying these laws, an illegitimate child whose filiation is not recognized by The Regional Trial Court's application of Article 364 of the Civil Code is
the father bears only a given name and his mother’ surname, and does not have incorrect. Indeed, the provision states that legitimate children shall
a middle name. The name of the unrecognized illegitimate child therefore "principally" use the surname of the father, but "principally" does not
identifies him as such. It is only when the illegitimate child is legitimated by the mean "exclusively." This gives ample room to incorporate into Article 364
subsequent marriage of his parents or acknowledged by the father in a public the State policy of ensuring the fundamental equality of women and men
document or private handwritten instrument that he bears both his mother’s before the law, and no discernible reason to ignore it.
surname as his middle name and his father’s surname as his surname, reflecting
his status as a legitimated child or an acknowledged child. Moreover, this Court in Haw Liong vs. Republic said:
Remo v. Secretary "The following may be considered, among others, as proper or reasonable
Can Maria, who originally used her husband’s name in her expired passport, can causes that may warrant the grant of a petitioner for change of name;
revert to the use of her maiden name in the replacement passport despite (1) when the name is ridiculous, tainted with dishonor, or is extremely difficult
subsistence of the marriage? Clearly, a married woman has an option, but not a to write or pronounce;
duty, to use the surname of the husband in any of the ways provided by Article (2) when the request for change is a consequence of a change of status, such as
370 of the Civil Code. She is therefore allowed to use not only any of the three when a natural child is acknowledged or legitimated; and
names provided in Article 370, but also her maiden name upon marriage. She is (3) when the change is necessary to avoid confusion
not prohibited from continuously using her maiden name once she is married (Tolentino, Civil Code of the Philippines, 1953 ed., Vol. 1, p. 660)."59
because when a woman marries, she does not change her name but only her
civil status. Further, this interpretation is in consonance with the principle that Given these irrefutable premises, the Regional Trial Court patently erred in
surnames indicate descent. denying petitioner's prayer to use his mother's surname, based solely on the
word "principally" in Article 364 of the Civil Code.
BUT, under RA 8239 regulating passport issuance, a married woman’s reversion
to the use of her maiden name must be based only on the severance of the Gan vs Republic
marriage [special law prevails over general]. In Alfon, the name of the petitioner therein which appeared in her birth
certificate was Maria Estrella Veronica Primitiva Duterte; she was a legitimate
Grande v. Antonio child of her father and mother. She filed a petition for change of name, seeking
the Court has outlined the rule as to the surname of an illegitimate child that she be allowed to use the surname "Alfon," her mother's surname, instead
considering the amendment brought by RA 9255 as to Article 176 of the Family of "Duterte." The trial court denied the petition, ratiocinating that under Article
Code. 364 of the Civil Code, legitimate children shall principally use the surname of
the father. The Court allowed the petitioner therein to use the surname of her
Under the amendment RA 9255 provide: mother since Article 364 of the Civil Code used the word "principally" and not
(1) As general rule, an illegitimate child shall use the surname of the "exclusively" and, hence, there is no legal obstacle if a legitimate child should
mother; choose to use the mother's surname to which he or she is legally entitled.
(2) The exception, when the illegitimate child may use the surname of the
father is, in case filiation is expressly recognized by the father through In contrast, Articles 366 and 368 of the Civil Code do not give to an illegitimate
a. Record of birth appearing in civil register; or child or a natural child not acknowledged by the father the option to use the
b. When an admission in a public document or private surname of the father. Thus, the petitioner cannot insist that she is allowed to
handwritten instrument is made by the father. use the surname of her father.
But the use of the word “may” in the provision readily shows that an In Coseteng-Magpayo, the issue was the proper procedure to be followed when
acknowledged illegitimate child is under no compulsion to use the surname of the change sought to be effected in the birth certificate affects the civil status of
his illegitimate father. It operates to confer discretion upon the illegitimate the respondent therein from legitimate to illegitimate. The respondent therein
children. claimed that his parents were never legally married; he filed a petition to change
his name from "Julian Edward Emerson Coseteng Magpayo," the name
Alanis vs CA appearing in his birth certificate, to "Julian Edward Emerson Marquez-Lim
Courts, like all other government departments and agencies, must ensure the Coseteng." The notice setting the petition for hearing was published and, since
fundamental equality of women and men before the law. Accordingly, where the there was no opposition thereto, the trial court; issued an order of general
text of a law allows for an interpretation that treats women and men more default and eventually granted the petition of the respondent therein by, inter
equally, that is the correct interpretation. alia, deleting the entry on the date and place of marriage of his parents and
correcting his surname from "Magpayo" to "Coseteng."28 The Court reversed
Thus, the Regional Trial Court gravely erred when it held that legitimate the trial court's decision since the proper remedy would have been to file a
children cannot use their mothers' surnames. Contrary to the State policy, the petition under Rule 108 of the Rules of Court. The Court ruled that the change
trial court treated the surnames of petitioner's mother and father unequally sought by the respondent therein involves his civil status as a legitimate child;
when it said: it may only be given due course through an adversarial proceedings under Rule
108 of the Rules of Court. The Court's pronouncement in Coseteng-Magpayo
In the case at bar, what the petitioner wishes is for this Court to allow him to finds no application in this case.
legally change is [sic] his given and registered first name from Anacleto III to
Abdulhamid and to altogether disregard or drop his registered surname, Alanis, Finally, Lim likewise finds no application in this case. In Lim, the petition that
the surname of his natural and legitimate father, and for him to use as his family was filed was for correction of entries under Rule 108 of the Rules of Court; the
name the maiden surname of his mother Ballaho, which is his registered middle petition sought, among others, is the correction of the surname of the
name, which petitioner claims and in fact presented evidence to be the name respondent therein from "Yo" to "Yu." Further, the respondent therein, although
that he has been using and is known to be in all his records. an illegitimate child, had long been using the surname of her father. It bears
stressing that the birth certificate of the respondent therein indicated that her
In denying the herein petition, this Court brings to the attention of the petitioner surname was the same as her father albeit misspelled. Thus, a correction of
that, our laws on the use of surnames state that legitimate and legitimated entry in her birth certificate is appropriate.
children shall principally use the surname of the father. The Family Code gives
legitimate children the right to bear the surnames of the father and the mother, Here, the petitioner filed a petition for change of name under Rule 103 and not
while illegitimate children shall use the surname of their mother, unless their a petition for correction of entries under Rule 108. Unlike in Lim, herein
father recognizes their filiation, in which case they may bear the father's petitioner's birth certificate indicated that she bears the surname of her mother
surname. Legitimate children, such as the petitioner in this case, has [sic] the and not of her father.
right to bear the surnames of the father and the mother, in conformity with the
provisions of the Civil Code on Surnames, and it is so provided by law that Republic v. Sali
legitimate and legitimated children shall principally use the surname of the Facts: Lorena Sali filed a petition for correction of entry under Rule 108 arguing
father. that the LCR erroneously entered her first name as “DOROTHY” instead of
“LORENA” and the date of birth as “June 24, 1968” instead of “April 24, 1968”.
This treatment by the Regional Trial Court was based on Article 174 of the To sustain the claims, she presented Certificate of Marriage and Postal ID Card.
Family Code, which provides: OSG argues that a petition for correction of entries under Rule 108 should not
have been granted for failure to exhaust administrative remedies provided
ARTICLE 174. Legitimate children shall have the right: under RA 9048.
(1) To bear the surnames of the father and the mother, in conformity with the Held: (1) As to change of name from “DOROTHY” to that of “LORENA”
provisions of the Civil Code on Surnames[.] administrative recourse under RA 9048 should first be taken. – At the time of
Sali’s petition, RA 9048 was already in effect, the local city or municipal registrar
In turn, Article 364 of the Civil Code provides: or consul general has primary jurisdiction to entertain the petition. It is only
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when such petition is denied that a petition may either appeal to the civil Rule 103 for substantial changes in the given name or surname, or Rule 108 for
registrar general or file the appropriate petition with the proper court. corrections of clerical errors. This requirement for judicial authorization was
justified to prevent fraud and allow other parties, to oppose the matter, as
The intent and effect of RA 9048 is to exclude the change of first name from decisions in these proceedings bind the whole world. However, Republic Act No.
coverage of Rule 103 and 108, until and unless an administrative petition for 9048 amended Articles 376 and 412 of the Civil Code, effectively removing
change of name is first filed and subsequently denied. Thus, insofar as to Sali’s clerical errors and changes of the name outside the ambit of Rule 108 and
prayer for change of first name, it was not within RTC’s primary jurisdiction. It putting them under the jurisdiction of the civil register.
was improper since the remedy should have been administrative. For failure to
exhaust administrative remedies, RTC should have dismissed th petition to RA 9048 also dispensed with the need for judicial proceedings in case of any
correct Sali's first name. clerical or typographical mistakes in the civil register or changes in first names
or nicknames. Thus, a person may now change his or her first name or correct
(2) As to change of date of birth however, RA 9048 alone is not applicable, RA clerical errors in his or her name through administrative proceedings. Rules 103
10172 only in 2012, petition filed in 2008. – As to change of date of birth, RA and 108 only apply if the administrative petition has been filed and later denied.
9048 is not applicable, and it was only in August 15, 2012 that RA 10172 was In 2012, RA 9048 was amended by RA 10172. In addition to the change of the
signed into law including the day and month of birth and sex of a person. first name, the day and month of birth, and the sex of a person may now be
Considering that Sali filed her petition in 2008, Rule 108 is the appropriate changed without judicial proceedings. RA 10172 clarifies these changes may
remedy in seeking to correct her date of birth in the civil registry. In fact, the now be administratively corrected where it is patently clear that there is a
OSG did not question the petition to correct Sali’s birth date, it only questioned clerical or typographical mistake in the entry. However, RA 10172 does not
the change of first name. apply in the case at bar as it was only enacted on August 15, 2012—more than
two (2) years after Gallo filed her Petition for Correction of Entry on May 13,
In re: Yuhares Tinitigan 2010. Hence, RA 9048 governs.
SC: In case of an illegitimate child, the birth certificate shall be signed and sworn
to jointly by the parents of the infant or only the mother if the father refuses. (2) Following RA 9048, It is the Civil Registrar Which has Primary Jurisdiction
over Gallo’s Petition not the RTC. – As discussed in Republic v. Sali (2017), only
Thus, it is mandatory that the mother of an illegitimate child signs the birth if her petition was denied by the local city or municipal civil registrar can the
certificate of her child in all cases, irrespective of whether the father recognizes Regional Trial Court take cognizance of her case. Likewise, the prayers to enter
the child as his or not. The only legally known parent of an illegitimate child, by Gallo's middle name as Soriano, the middle names of her parents as Angangan
the fact of illegitimacy, is the mother of the child who conclusively carries the for her mother and Balingao for her father, and the date of her parents' marriage
blood of the mother.21 Thus, this provision ensures that individuals are not as May 23, 1981 fall under clerical or typographical errors as mentioned in
falsely named as parents.22 Republic Act No. 9048.
The mother must sign and agree to the information entered in the birth These corrections may be done by referring to existing records in the civil
certificate because she has the parental authority and custody of the illegitimate register. None of it involves any change in Gallo's nationality, age, status, or sex.
child. In Briones v. Miguel, 23 we held that an illegitimate child is under the sole (3) Since RA 10172 does not apply to Gallo yet, petition to correct biological sex
parental authority of the mother, and the mother is entitled to have custody of is correctly filed under Rule 108. - The petition to correct Gallo's biological sex
the child. The right of custody springs from the exercise of parental authority.24 was rightfully filed under Rule 108 as this was a substantial change excluded in
Parental authority is a mass of rights and obligations which the law grants to the definition of clerical or typographical errors in Republic Act No. 9048. It was
parents for the purpose of the children's physical preservation and only when RA 10172 was enacted on August 15, 2012 that errors in entries as
development, as well as the cultivation of their intellect and the education of to biological sex may be administratively corrected, provided that they involve
their heart and senses. a typographical or clerical error.
only when father recognizes child as his ILC that is when his signature should However, this is not true for all cases as corrections in entries of biological sex
appear in BC- but no right to report and register birth of ILC. may still be considered a substantive matter such as that in Cagandahan.
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Professional Driver's License37 identify him as Matiorico Ohomna, the same are
Ruling: insufficient to grant the petition. It pears stressing that the real name of a
Petitioner questions the Medical Certificate issued by Dr. Labis, Medical Officer person is that given him in the Civil Register, not the name by which he was
III of the Northern Mindanao Medical Center under the Department of Health, baptized in his Church or by which he was known in the community, or which
claiming that it failed to include a certification that respondent "has not he has adopted.
undergone sex change or sex transplant" as required by Section 5 of RA 9048,
as amended, and that Dr. Labis was not presented in court in order that his In addition, the Court notes that Antonia was the informant in both instances
qualifications may be established and so that he may identify and authenticate and the one who signed both birth certificates. However, a perusal of Antonia's
the medical certificate. However, the said Medical Certificate is a public signatures on petitioner's two (2) birth certificates shows that the same are
document, the same having been issued by a public officer in the performance materially different from each other. Further, petitioner failed to show any
of official duty; as such, it constitutes prima facie evidence of the facts therein plausible explanation why she signed as Antonia Ohoma39 on the first birth
stated. Under Section 23, Rule 132 of the Rules of Court, "[d]ocuments certificate and as Antonia Ohomna40 on the second birth certificate.
consisting of entries in public records made in the performance of a duty by a
public officer are prima facie evidence of the facts therein stated. All other public Bartolome vs Republic
documents are evidence, even against a third person, of the fact which gave rise
to their execution and of the date of the latter." The inclusion of petitioner's middle name is covered by R.A. 9048, as amended
As for petitioner's argument that the medical certificate failed to specifically While substantial corrections of entries in the civil register are still covered by
certify that respondent "has not undergone sex change or sex transplant" as Rule 108, typographical or clerical corrections must now be filed under R.A.
required by law, suffice it to state that this is no longer required with the 9048 as amended.
certification by Dr. Labis that respondent is "phenotypically male", meaning that
respondent's entire physical, physiological, and biochemical makeup - as The test for whether a correction is clerical or substantial is found in the
determined both genetically and environmentally - is male, which thus provision itself. Misspelled names or missing entries are clerical corrections if
presupposes that he did not undergo sex reassignment. In other words, as they are visible to the eyes or obvious to the understanding and if they may be
determined genetically and environmentally, from conception to birth, readily verified by referring to the existing records in the civil register. They
respondent's entire being, from the physical, to the physiological, to the must not, however, involve any change in nationality, age or status.
biochemical - meaning that all the chemical processes and substances occurring
within respondent - was undoubtedly male. He was conceived and born male, The correction in the spelling of petitioner's surname is likewise covered
he looks male, and he functions biologically as a male. by R.A. 9048, as amended
Finally, suffice it to state that, as correctly declared by the CA, respondent was R.A. 9048 expressly removed the correction of clerical or typographical errors
actually using the name Miller Omandam Unabia; that "Miller" and "Mellie" and from the ambit of Rule 108 of the Rules of Court.
"Omandam" and "Umandam" were confusingly similar; and that respondent's
medical certificate shows that he is phenotypically male. The CA thus properly Miller vs Miller
held that respondent's birth certificate contained clerical errors in its entries The legitimacy and filiation of children cannot be collaterally attacked in a
necessitating its rectification. petition for correction of entries in the certificate of live birth.
Ohoma vs Office of Municipal Civ Reg the summary procedure for correction of entries in the civil registry under
2 registrations of birth both made by mother article 412 of the Civil Code and Rule 108 of the Rules of Court is confined to
The Court's Ruling "innocuous or clerical errors, such as misspellings and the like, errors that are
visible to the eyes or obvious to the understanding" or corrections that are not
Under Office of the Civil Registrar-General Administrative Order No. 1, Series of controversial and are supported by indubitable evidence.
1983, as amended, the birth of a child shall be registered within 30 days from
the time of birth in the Office of the Local Civil Registrar of the city/municipality Here, petitioners sought the correction of private respondent's surname in her
where it occurred. In this case, petitioner's birth had already been reported by birth certificate registered as Local Civil Registrar No. 825. They want her to use
his mother, Antonia Maingit (Antonia), and duly recorded in the civil register of her mother's surname, Espenida, instead of Miller, claiming that she was not an
the LCR-Aguinaldo on June 13, 1986. Thus, as correctly pointed out by the CA, acknowledged illegitimate child of John.
there can be no valid late registration of petitioner's birth as the same had
already been lawfully registered within 30 days from his birth under the first What petitioners seek is not a mere clerical change. It is not a simple matter of
birth certificate.27 Consequently, it is the second birth certificate that should correcting a single letter in private respondent's surname due to a misspelling.
be declared void and correspondingly cancelled even if the entries therein are Rather, private respondent's filiation will be gravely affected, as changing her
claimed to be the correct ones. surname from Miller to Espenida will also change her status. This will affect not
only her identity, but her successional rights as well. Certainly, this change is
However, while the petition specifically prayed for the cancellation of substantial.
petitioner's first birth certificate and the retention of his second birth
certificate, the ultimate objective was to correct the erroneous entries Republic vs Lao
pertaining to petitioner's first and last names, i.e., from Matron Ohoma to The birth certificate, more than a historical record of one's birth, is a vital
Matiorico Ohomna, as he claimed that people in the community know him by marker of identity. Therefore, acts and events, though occurring after birth, may
the latter name rather than the former.28 Rule 108 implements judicial be annotated [no need to be corrected] on the birth certificate so long as they
proceedings for the correction or cancellation of entries in the civil registry are consistent with a legal truth and a special law provides for its effects.
pursuant to Article 41229 of the Civil Code. The role of the Court under Rule 108
is to ascertain the truth about the facts recorded therein. Should birth cert ne corrected? NO. Civ reg should just annotate in the birth cert
the grant of the petition changing nationality from Chinese to PH.
The action filed by petitioner before the RTC seeks to correct a supposedly
misspelled name, and thus, properly falls under Rule 108. To correct simply Full text:
means "to make or set aright; to remove the faults or error from."31 Considering Clear from Presidential Decree Nos. 836 and 923 is that the naturalization
that petitioner complied with the procedural requirements32 under Rule 108, extends to the alien wife and minor children of the person naturalized upon the
the RTC had the jurisdiction to resolve the petition which included a prayer for wife's showing that she does not suffer from any of the disqualifications under
"[o]ther reliefs just and equitable x x x."33 A general prayer for "other reliefs Letter of Instructions No. 270, and that she and her minor children reside
just and equitable" appearing on a petition enables the court to award reliefs permanently in the Philippines at the time of her husband's naturalization. In
supported by the complaint or other pleadings, by the facts admitted at the trial, other words, the only persons to undergo the proceeding before the Special
and by the evidence adduced by the parties, even if these reliefs are not Committee on Naturalization will only be the person naturalized and his wife.
specifically prayed for in the complaint.34 Consequently, the CA erred in The minor children, in the words of Letter of Presidential Decree No. 836 "follow
holding that petitioner has to refile another petition before the trial court could the acquired Filipino citizenship of their mother."
resolve his claim.
Besides, the entries sought to be changed are the nationalities of Lao Kian Ben
Nonetheless, the Court finds that petitioner failed to sufficiently establish that and Chia Kong Liong as appearing in the certificates of live birth of Winston
his father's last name was Ohomna and not Ohoma through competent evidence, Brian, Christopher Troy, and Jon Nicholas. Therefore, the only relevant issue, at
i.e., the latter's birth certificate, the certificate of his marriage to petitioner's least for the present proceedings, is whether or not Lao Kian Ben and Chia Kong
mother, Antonia, on January 30, 1986, or a government-issued identification Liong have been issued their Certificates of Naturalization and have taken their
card or record. On this score alone, the correction of petitioner's first and last Oaths of Allegiance as Filipinos, an issue that has been resolved in the
names should be denied. While the first name may be freely selected by the affirmative.
parents for the child, the last name to which the child is entitled is fixed by
law.35 Although petitioner's Elementary School Permanent Record36 and
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Persons and Family Relations Review Cases | Evanne Maliones
Based on the syllabus of Atty. Lydia Galas A.Y. 2021-2022, 2018-2019 TSN and Matt Santiago’s Notes 2020-2021
*Includes new cases
Republic vs Ontuca Held: (1) Wrong remedy. – SC ruled that the applicable rule was under RA
The issues hinge on the RTC's jurisdiction to order the correction of Annabelle's 9048 which authorizes civil registrars and the consul generals to summarily and
first name from "MARY ANNABELLE' to "ANNABELLE' and her middle name administratively change first names in the civil registry. But since Silverio filed
from "PALINO" to "PELENO" and to change her civil status from married to via Rule 103 and 108, it was not within the court’s primary jurisdiction as the
"NOT MARRIED" under the provisions of Rule I 08 of the Rules of Court. petition should have been filed first with the local civil registrar concerned,
assuming that it could be legally done.
Rule 108 applies when the person is seeking to correct clerical and innocuous
mistakes in his or her documents with the civil register. It also governs the But change of sex is not a mere clerical or typographical error, it is a
correction of substantial errors affecting the civil status, citizenship, and substantial change for which applicable procedure is Rule 108 shall apply.
nationality of a person. The proceedings may either be summary, if the No reasonable interpretation of the provision can justify the conclusion that it
correction pertains to clerical mistakes, or adversary, if it involves substantial covers correction on the ground of sex reassignment. Sex reassignment is not
errors. The petition must be filed before the RTC. among those acts or events mentioned in Article 407. [so not file w/ civ
reg]
In relation to change or correction of an entry in the birth ce1tificate,
substantial refers to that which establishes, or affects the substantive right of The status of a person in law includes all his personal qualities and relations,
the person on whose behalf the change or correction is being sought. Thus, are more or less permanent in nature, not ordinarily terminable at his own will,
changes which may affect the civil status from legitimate to illegitimate, as well such as being legitimate or illegitimate. A person’s sex is an essential factor in
as sex, civil status, or citizenship of a person, are substantial in character. marriage and family relations. It is a part of a person’s legal capacity and civil
status.
Section 2(3) of RA No. 9048, as amended, defines a clerical or typographical
error as a mistake committed in the performance of clerical work in writing, The sex of a person is determined at birth, visually done by the birth
copying, transcribing or typing an entry in the civil register that is harmless and attendant by examining genitals of the infant. Considering that there is no
innocuous, such as misspelled name or misspelled place of birth, mistake in the law recognizing sex reassignment, the determination of a person’s sex made at
entry of day and month in the date of birth or the sex of the person or the like, the time of his or her birth, if not attended by error is immutable.
which is visible to the eyes or obvious to the understanding, and can be
corrected or changed only by reference t o other existing record or records. Republic v. Cagandahan
Jennifer was born with Congenital Adrenal Hyperplasia (CAH) which is a
Republic v. Mercadera, - the correction of petitioner's misspelled first name condition where she possess both male and female genital characteristic. At age
from "MARILYN' to "MERLYN' involves a mere clerical error. 6 she was then diagnosed with clitoral hypertrophy (enlargement of clitoris)
and had small ovaries. But at age 13, tests revealed her ovarian structures had
Thus, the correction of Annabelle's middle name from "PALINO" to "PELENO" minimized and had no menstrual development and by emotion became a male
involves clerical or typographical error. It merely rectified the erroneous person – she now prays for correction of her gender from ‘female’ to ‘male’
spelling through the subst itution of the letters "A" and "I" in "PALINO" with the and her first name from ‘Jennifer’ to ‘Jeff.’
letter"£," so it will read as "PELENO."
Held: Sexual development in cases of intersex persons makes the gender
Similarly, the error in Annabelle's first name is clerical that will neither affect classification at birth – inconclusive. The Court affirms as valid and justified
nor prejudice her substantial rights. Annabelle's postal 1D15 and passport16 the respondent’s position and his personal judgment of being a male.
satisfactorily show that her first name is "ANNABELLE' and not "MARY
ANNABELLE." As for respondent’s change of name under Rule 103, this Court has held that a
change of name is not a matter of right but of judicial discretion, to be
Furthermore, Annabelle may file the petition to correct her personal exercised in the light of the reasons adduced and the consequences that
information in the birth certificate of her child. The application of RA No. 9048, will follow.
as amended, is not limited to cases in which the erroneous entries in the birth
certificate sought to be corrected pertain to the owner of the birth certificate. The trial court’s grant of respondent’s change of name from Jennifer to Jeff
implies a change of a feminine name to a masculine name. Considering the
The correction of the date and place of the parent's marriage from "May 25, consequence that respondent’s change of name merely recognizes his preferred
1999 at 0cc. Mindoro" to "NOT MARRIED" is substantial since it will alter the gender, we find merit in respondent’s change of name. Such a change will
child's status from legitimate to illegitimate. To be sure, the correction of entries conform with the change of the entry in his birth certificate from female to male.
in the civil register pertaining to citizenship, legitimacy of paternity or filiation,
or legitimacy of marriage involves substantial alterations, which may be Corpuz v. Sto. Tomas
corrected, and the true facts established, provide the parties aggrieved by the Under Article 407, the law requires the entry of judicial decrees that produce
error to avail themselves of the appropriate adversary proceedings.17 Here, legal consequences touching upon a person’s legal capacity and status.
Annabelle correctly fi led a petition for cancellation and/or correction of the
entries before the RTC under Rule 108. – but no compliance w/ rules A judgment of divorce is a judicial decree, although a foreign one, affecting
a person’s legal capacity and status that must be recorded. But while the
The rules require two sets of notices to potential oppositors - law requires the entry of the divorce decree in the civil registry, the law and
1. one given to persons named in the petition and submission of the decree by themselves do not ipso facto authorize the decree’s
2. another served to persons who are not named in the petition, but registration. It should first be judicially recognized before it can be given res
nonetheless may be considered interested or affected parties judicata effect.
Consequently, the petition for a substantial correction must imp lead the civiI Iwasawa v. Gangan
registrar and other persons who have, or claim to have any interest that would Is the testimony of the NSO records custodian certifying the authenticity and
be affected. due execution of the public documents issued by the said office necessary before
they could be evidentiary weight?
The phrase "and all persons who have or claim any interest which would be
affected thereby" in the title of the petition and the publication of the petition In a petition to declare marriage void, RTC denied ruling that it was only
are not sufficient notice to all interested parties. petitioner who testified about said marriage, that his testimony is unreliable
because he has no personal knowledge of Gangan’s prior marriage nor the death
BUT there are instances when the subsequent publication of a notice of hearing of Arambulo and the latter’s death certificate – that he was a stranger to
may cure the failure to implead and notify the affected or interested parties, preparation of the document.
such as when:
(a) earnest efforts were made by petitioners in bringing to Held: As public documents, the certificates or marriage, death and NSO
court all possible interested parties; certification, are admissible therein as evidence even without further
(b) the parties themselves initiated the corrections proof of their due execution and genuineness. It was error for the RTC to
proceedings; disregard on the sole ground that petitioner did not present the records
(c) there is no actual or presumptive awareness of the custodian of the NSO who issued them to testify since they constitute prima
existence of the interested parties; or facie evidence of the facts stated therein – and was not then rebutted by the
(d) when a party is inadvertently left out other party.
Held: While it is true that a Filipino citizen cannot dissolve his marriage by the
mere expedient of changing his entry of marriage in the civil registry,
respondent sought not the nullification of marriage as there was no marriage to
speak of, but the correction of the record of such marriage to reflect the truth as
set forth by the evidence.
THE END
You run from pain. We all do it. Something happens, we blame ourselves and
we don’t want to feel it so we run. We run from joy too, thinking we don’t
deserve it. But it’s a package deal – there is no joy, without pain.
Meredith Grey
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