PERSONS AND FAMILY RELATIONS NOTES  Age requirement for legal capacity to marry – 18

years old and above.

 Article 1 – The Family Code  Under Art. 37, we consider void certain
- The state considers the rights of indigenous marriages in account of their blood relations
cultural communities such as the Muslims (incestuous relationships).
- It is provided in the Muslim Code that a man
can have at least 4 wives subject that he can  Article 38 – enumerates more circumstances
give them equal companionship and that declare a marriage void due to public policy
treatment. (ex. Marriages between parties up to 4th civil
- The objective of marriage is to establish degree (1st cousin) of consanguinity are
conjugal and family life. considered void. However, if beyond that, it is
- In the country, marriage is considered a okay (2nd cousin)).
permanent union and inviolable social
institution.  Adoptive children by the same adoptor cannot
- It is a special contract wherein its parties also be married because even if they are not
have the freedom to stipulate conditions in related by blood, the fictional process of
the contract as they see fit. However, it has adoption generates legitimacy. (adoptive
limitations. Provided such stipulations are not children are fictionally related)
contrary to law. (Freedom to stipulate is
almost non-existent but rather it is governed  Legal capacity required to get married must be
by law). A marriage contract is higher than possessed by the man and woman.
other contracts because it is a social
institution. With respect to marriage, the  Silverio vs Republic
settlement is the only thing that can be - Silverio had a biological sex change and
controlled. became female. He then petitioned the RTC
for amendment of his birth certificate from
 The consequence and incidence of marriage is male to female.
governed by law. Penalty is provided for any - The petition was denied; the law recognizes
person who commits bigamy. the sex of the person to be determined by
the genitals of the baby upon birth. This
 Unlawful marriages – contracted in disregard of determination is immutable and cannot be
some legal requirement for the marriage. changed. There is no law in the country
recognizing sex-reassignment surgery.
 Marriage license – you have to use it within that
120-day period of validity. If your marriage was  Republic vs Cagandahan
conducted when your license has already - Cagandahan was registered as a female.
expired, your marriage is deemed null and void However, as she grew older, she never felt
and the solemnizing officer can be liable. attraction to the male species. Upon check-
up by a doctor, she was found to have
 Adoption – making a stranger equivalent to your congenital adrenal hyperplasia. Although
own blood generally female, she secreted male and not
female hormones. Due to such, she is
 Simulation of birth – you assume the position of considered an intersex individual.
the parents by filling out the birth certificate and - Cagandahan pleaded for her to be
registering it in the civil registry even if you are considered male. She filed a petition to
not the real parents without going through the change his gender in the birth certificate
legal adoption process. which was granted by the SC.
- SC ruled that in the case of intersex
individuals, their sex at the time of the birth is
 Article 2 – essential requisites of marriage inconclusive. It is upon the maturity of the
- Absent any of these essential requirements, individual in which her gender should be
the marriage is ab initio considered.
- Except for the provision in Art. 7 that
“consent should be given before an  Where consent is violated, it would render the
authorized solemnizing officer”. While Art. 7 marriage voidable. Consent must be freely
is an inclusive list, however, if the parties given. Free consent connotes that the
really believe that the officer had the contracting parties deliberately decide to marry
authority to solemnize marriages, their in their own volition.
marriage would still be valid.
 Manifestation of free consent – when the
 Family Code – enacted by Cory Aquino; solemnizing officer asks “Do you take him as
purposely removed the authority of local chief your husband?”
executives to solemnize marriages. In the LGC,
local chief executives are given the power to  The marriage is void if the solemnizing officer is
solemnize marriages. not legally authorized to conduct marriages.
 Unless, the couple in good faith believed he was
authorized to do so.
 Article 5 – any male or female of the age of 18
years or upwards and not under any of the
 Only grave fraud is allowed to be a circumstance
impediments mentioned in Art. 37 & 38 may
that allows legal separation or annulment. (ex.
contract marriage.
Concealment of pregnancy of another man,
concealment of lesbianism/homosexuality at the
 The Family Code does not prescribe any
time of the marriage).
particular form of marriage ceremony.
 Article 3 – marriage is valid in all parts of the
 Minimum requirements for marriage:
Phils. Provided that they apply a certificate of
- physical appearance of contracting parties
marriage with the civil registry of where one of
before the solemnizing officer
the parties reside.
- you profess/declare to the solemnizing officer
your consent/decision to marry.
 Mere irregularity in the formal requisites will not
affect the validity of the marriage but can face  Lex Loci Celebracionis – a marriage celebrated
civil, administrative or criminal liabilities on the and valid abroad is valid here provided that it is
parties. (e.g. applying for marriage license with not under any legal impediments.
the civil registrar where both parties do not
reside).
 Ronulo vs People
 Marriage license validity – 120 days - Ronulo was an Aglipayan priest who was
charged with Art. 352, officiating an illegal
 Exemptions acknowledged by Family Code to marriage without a license. He claimed that it
secure a marriage license: was not a marriage he conducted but a
- Art. 27 – in case either or both of the blessing of the union.
contracting parties are at the point of death - SC ruled that the facts of the case
(articulo mortis) established that he performed a marriage
-In articulo mortis, the captain of the ship, ceremony. Art. 3, par. 3 and Art.6 provides
aircaptain of the plane or the military that such incident he conducted was
commander can solemnize the marriage. considered a marriage ceremony since it met
- Art. 28 – if the residence of either parties is the minimum requirements of the Family
located where there is no means of Code.
transportation to personally appear before the
local civil registrar. They need to only issue a  A marriage is valid:
statement that it falls under Art. 28 (remote - The solemnizing officer is not authorized but
residence). the parties in good faith believed otherwise.
-Art. 33 – marriages among muslims or - Absent a license, a marriage is still valid
members of ethnic cultural communities may be provided Art. 27, 28, 33, 34 is present.
performed validly without the necessity of a
marriage license, provided they are solemnized  Irregularity of formal marriage (still valid but
in accordance with their customs, rites or parties may be liable to criminal or civil
practices. liabilities):
-Art. 34 – no license shall be necessary for the - Presence of only 1 witness (law requires not
marriage of a man and a woman who haved less than 2 witnesses of legal age)
lived together as husband and wife for at least 5 - Failure to comply with the requirements of
years and without any legal impediment to marry Art. 12
each other.
- they must just execute an affidavit of  Publication requirement of application of
cohabitation to declare that they have been marriage license pertains to giving it an element
living together to the solemnizing officer. of publicity. The minimum requirement is for it to
be posted in a conspicuous place such as the
 The Family Code purposely left out the power to city hall for 10 days). People who know any legal
solemnize marriages to chief executives impediment on the application for marriage must
because it perpetrates padrino system wherein inform the National Civil Registry.
the married couple is indebted to the chief
executive.  Parties contracting the marriage above 18 but
 A dubious or false affidavit of cohabitation will below 25 must have parental advice before
render the marriage null and void. applying for a marriage license.
 Marriages celebrated abroad provided that there
is a license required in that country, is valid here  A valid marriage license should be issued by the
in the Philippines (lex loci celebracionis). local civil registrar and used within 120 days.
Provided further, it is not against any laws of
marriage in the Phils. (not under any  De Castro vs De Castro
impediments mentioned in Arts. 37 and 38. - The parties got married. In lieu of a license,
they presented an affidavit of cohabitation.
 The wife agreed to enter into sexual relations  A judge as a solemnizing officer can only
before the marriage since the husband officiate weddings provided that the wedding is
promised to marry her. In the course of their within the court’s jurisdiction and that he is an
marriage and after the birth of their son, the incumbent judge. Unless if the judge is with the
husband became increasingly absent and Court of Appeals or Sandiganbayan because
eventually led to their separation. their jurisdiction is national. The wedding can be
- The wife asked for support from the conducted with the judge in any place as long as
husband. However, the husband argued that it is within the court’s jurisdiction.
he was not obliged to support the child since
they contracted a fake affidavit of  Non observance of the rule in territorial limits
cohabitation. makes a marriage null and void and not a mere
- SC ruled that the marriage was void. irregularity because it will constitute absence of
However, as the father of the child to whom authority of solemnizing officer to conduct
his wife gave birth, the fact that the marriage marriage. Unless if one or both of the contracting
was void does not mean that he is not parties in good faith believed that he was
obliged to support the child. authorized. (Beso vs. Judge Daguman)

 Requirements to solemnize marriages:

 Abbas vs Abbas
- The husband was duped into believing into - The priest must be duly authorized to
signing documents to extend his stay. solemnize marriages within his sect
However, what he signed was an application - He must be registered with the Civil
for a marriage license. It was found that the Registrar General
marriage license they used was for another - Ship captain or airplane captain can only
couple. The husband that there was no solemnize marriages within articulo mortis
marriage license hence the marriage is void. (while at sea or during flight including
- SC ruled that since the civil registrar, who is stopovers)
the office that keeps the records of marriage - Military commander can only solemnize
licenses, declared that the license they used marriages of articulo mortis during a military
was for another couple and not theirs, they operation. However, if the chaplain is
did not procure a license rendering their present, then he will solemnize the marriage.
marriage void. If the chaplain cannot comply with the
requirements, it is then again the military
commander. (starts with 2nd lieutenant in
 Go-Bangayan vs Bangayan rank).
-Benjamin married Azucena. While she was - Consul general and vice consul can
outside the country, Benjamin developed a authorize marriages abroad but only
relationship with Sally. Upon pressure from between Filipinos and not between Filipinos
Sally’s parents to marry, Sally asked Benjamin and foreigners. However, the consul and vice
to sign a marriage license even if he was already consul has no authority to solemnize
married. When Azucena came back, she and marriages in the Phils.
Benjamin got back together. Sally then filed for
bigamy against Benjamin. However, Benjamin  Article 8 – non compliance will result to an
said that his marriage to Sally was void. irregularity and not void.
- SC said that the subsequent marriage is not
valid since Benjamin was suffering a legal  It is highly irregular for a judge to accommodate
impediment (valid subsisting marriage). Art. 1 of a couple to be married in another place but it
the Family Code provides that the parties must must be in writing through a formal letter.
not suffer any legal impediment.

 Article 6 – personal appearance and no proxy is  Article 9 – Marriage license should be issued in
allowed in the marriage ceremony. There must the local civil registrar where either reside; but it
also be a declaration among 2 witnesses that is applicable anywhere and you can get married
they may take each other as husband and wife. anywhere in the Philippines

 Article 7 – authorities that can solemnize - It is only the application and the issuance of
marriages; includes city and municipal mayor s the license that needs to be in the place
acc. to LGC where either parties of a couple resides

 A vice mayor acting as a mayor also has the  Ratification of an already valid marriage does not
power to solemnize marriages since he is need a license.
conferred the powers of the mayor in the latter’s  120 days – validity of marriage license
absence. In such capacity, he cannot also be the - Must be married within this period
presiding officer of the sanggunian. - Outside this period, the marriage will be null
and void
o If you were already married in a civil ceremony - The consent to the marriage is through a
however you had a church ratification, you no personal manifestation in writing.
longer need to secure a marriage license for the
church ceremony anymore.  Article 15 –parental advice is required for parties
about to get married between the ages of 21 to
 Article 10 – only applies if the marriage is 25; they shall be obliged to ask their parents.
between Filipinos (laws only have limited - If they do not obtain such advice, the license
jurisdiction) shall not be issued until after 3 months
- The consul’s power is only limited to Filipinos following the completion of the publication of
- If marriage is with a foreigner, it has to be the application therefor. (suspension of the
solemnized according to the law of the place issuance of marriage license)
- In a marriage conducted by a consul, he - If the civil registrar shortens the suspension
assumes the function of the local civil period, it is a mere irregularity and would not
registrar by issuing marriage licenses and as make the marriage void. However, the civil
the solemnizing officer. However, license is registrar who issued the license may be
no longer required if there is a certificate of charged with falsification, etc.
cohabitation.
- A petition for recognition of foreign judgment  Article 16 – marriage certificate issued by a
is needed for the Philippines to acknowledge priest or other solemnizing officer must be
a divorce settlement abroad. attached to the parental consent, in case for
minors.
 Article 11 – both individuals have to fill out forms
separately  Article 17 – notice of marriage between 2 parties
- Cedula is not necessary unless it is required is posted for 10 consecutive days on a bulletin
as state in Art. 12. board outside the place within the building and
- Name, age, date of birth (whether they are of accessible to the general public (publication
marrying age; if parental consent has to be requirement); this is to avoid any secret
secured) marriages
- Civil status must also be filled out to - Marriage license shall be issued after the
determine whether the person has been completion of the period of publication.
married before.
- The residence is important to determine  Article 18 – if there are any impediments known
whether or not a license can be dispensed to the local civil registrar and brought to his
with. attention, he shall note down the particulars
thereof and his findings in the application for a
 Article 12 – original birth certificate of baptismal marriage license.
certificate is needed - Issuance of marriage license is a ministerial
- If parents are present or personally appear act
before the local civil registrar, the - The law does not prohibit the local civil
presentation of birth certificate is no longer registrar from investigating an impediment
required or when by looking at the and may delay the issuance of a license
applicants, the local civil registrar is - Only court intervention can prohibit the local
convinced that both of them are in the civil registrar from releasing a license.
required age. - If the court prohibits the issuance of a license
but the LCR still issues it, the marriage
 Article 13 – if previously married, it is no longer conducted with that license will still be valid.
needed to present the requirements since you However, since there is an irregularity in its
already procured such before issuance, the LCR will have to answer.
- Only present death certificate or judicial
decree for divorce or declaration of nullity of  Article 19 – prescribes minimal fees for the
marriage. procurement of license
- Exemption from fees is extended to indigent
 Article 14 – there is no more emancipation by parties (only certification of indigency from
marriage under the new civil code; only DSWD is needed)
applicable under the old code when the marrying
age permitted by law is 14 years old.  Article 20 – marrying over the period of validity
- 18-21- parties between this age need of the license will render the marriage null and
parental consent to be given by father, void since it is deemed to have been done in the
mother, surviving parent/guardian, or absence of a license.
persons having legal charge (in the order - The parties and solemnizing officer may also
mentioned); even if mother approves but incur criminal liability for conducting a
father rejects, no consent would be issued. marriage during the expired period.
- If you were previously married but decide to
get remarried but is still under 18-21, you no  Article 21 – for aliens, they have to produce a
longer need to get consent to marry once certificate of capacity to conduct marriage issued
again.
 by their respective diplomatic and consular  Absence of marriage certificate is not cause for
officials; applies also to refugees dismay since there are other ways to prove
- Legal capacity for aliens to marry is marriage.
determined by their own country
- Difference between a diplomat and consul:  Marriage certificate is the best evidence
o Diplomat – facilitates the traffic between however testimony from those who witnessed
the marriage can also be admitted.
2 states; political official assigned to a
state
 Article 23 – the place where you were married is
o Consul – economic, socio-cultural agent
where the marriage certificate must be
assigned by the state to a particular submitted; not where you procured the license.
country to facilitate trade, exchange
culture - 1 copy for the party
- 2 copies for the local civil registrar where
your marriage was conducted
 Article 22 – enumerates the contents of a
- 1 copy retained by solemnizing officer
marriage certificate
o Contains the full name, sex, age, habitual  Your original marriage license is to be attached
residence by the solemnizing officer to the certificate to be
o Date and time when the marriage was submitted to the LCR.
conducted, marriage license no., unless
if it is exempted from the procurement of  Article 24 – it is the duty of the local civil registrar
the license to keep records

 Marriage license – before marriage; Marriage  Article 25 – the local civil registrar shall enter all
certificate – after marriage applications for marriage licenses filed with him
in a registry book strictly in order in which it is
 Certificate of cohabitation – declaration that you received to prevent anti-dating.
- Any irregularity in Article 25 will not affect the
have cohabitated for at least 5 years; no
validity of the marriage but parties involved
marriage license is required
may be liable.
 Fernacullo vs Fernacullo  Republic of the Philippines vs CA & Angelina
Castro
- The best proof of marriage between man and
wife is a marriage contract. - Angelina sought a declaration for nullity of
- The certified copy of the marriage contract, marriage. She alleged that no marriage
issued by a public officer in custody thereof, license was secured in her marriage.
was admissible as the best evidence of its - SC said that the certification of the LCR that
contents. The marriage certificate plainly there was no record of marriage license
indicates that a marriage was celebrated should be upheld since there is no other
between respondent and complainant on 4 office mandated by law to keep track of
August 2004, and it should be accorded the marriage licenses.
full faith and credence given to public
documents. The marriage certificate should FACTS:
prevail over respondents claim that the Angelina Castro, with her parents unaware,
marriage certificate or his signature therein contracted a civil marriage with Edwin
was falsified. The rule is that a notarized Cardenas. They did not immediately live
document carries the evidentiary weight together and it was only upon Castro found
conferred upon it with respect to its due out that she was pregnant that they decided
execution, and documents acknowledged to live together wherein the said cohabitation
before a notary public have in their favor the lasted for only 4 months. Thereafter, they
presumption of regularity. parted ways and Castro gave birth that was
- Two persons who are dwelling together adopted by her brother with the consent of
apparently married, the presumption of the Cardenas.
law is that they are husband and wife
contrary to any proof thereof. The baby was brought in the US and in
Castro’s earnest desire to follow her
 Bartolome daughter wanted to put in order her marital
- Despite absence of marriage record, a man status before leaving for US. She filed a
and woman living as husband and wife for petition seeking a declaration for the nullity of
many years is presumed married since the her marriage. Her lawyer then found out that
marriage could have been conducted abroad there was no marriage license issued prior to
or elsewhere. the celebration of their marriage proven by
- A long time ago, birth and marriage records the certification issued by the Civil Registrar
were registered where it took place so such of Pasig.
requirement is applied. However, now,
records are central based. ISSUE: Whether or not the documentary and
testimonial evidence resorted to by Castro is
sufficient to establish that no marriage
 license was issued to the parties prior to the would be unfair for the Filipino spouse not to
solemnization of their marriage. be able to remarry when his/her foreign
spouse is allowed by their laws.
HELD:

The court affirmed the decision of CA that  Republic vs Obrecido

the certification issued by the Civil Registrar
unaccompanied by any circumstances of FACTS:
suspicion sufficiently prove that the office did Cipriano Orbecido III was married with Lady
not issue a marriage license to the Myros Villanueva on May 24, 1981 at the United
contracting parties. Albeit the fact that the Church of Christ in the Philippines in Ozamis
testimony of Castro is not supported by any City. They had a son and a daughter named
other witnesses is not a ground to deny her Kristoffer and Kimberly, respectively. In 1986,
petition because of the peculiar the wife left for US bringing along their son
circumstances of her case. Furthermore, Kristoffer. A few years later, Orbecido
Cardenas was duly served with notice of the discovered that his wife had been naturalized as
proceedings, which he chose to ignore. an American citizen and learned from his son
that his wife sometime in 2000 had obtained a
Under the circumstances of the case, the divorce decree and married a certain Stanley.
documentary and testimonial evidence He thereafter filed with the trial court a petition
presented by private respondent Castro for authority to remarry invoking Paragraph 2 of
sufficiently established the absence of the Article 26 of the Family Code.
subject marriage license.
ISSUE: Whether or not Orbecido can remarry
 Article 26 – lex loci celebracionis (an act under Article 26 of the Family Code.
[will/contract] that was executed in a foreign
country and considered valid there is valid in our HELD:
country. However, this is not absolute). There The court ruled that taking into consideration the
are prohibitions under Art. 35 (1), (4), (5), (6), legislative intent and applying the rule of reason,
36, 37, 38. Article 26 Par.2 should be interpreted to include
- This rule is more pertinent in marriages cases involving parties who, at the time of the
between aliens and Filipinos. When the celebration of the marriage were Filipino
marriage is between 1 Filipino component, it citizens, but later on, one of them becomes
is with respect to this Filipino component naturalized as a foreign citizen and obtains a
where the Philippine law applies. divorce decree. The Filipino spouse should
- Exceptions: likewise be allowed to remarry as if the other
o 35 (1) – underage here in the Phils. party were a foreigner at the time of the
but valid in the foreign country, still solemnization of the marriage.
cannot get legally married here hence
it is void. Even if one component only Hence, the court’s unanimous decision in
is underage, to that component, holding Article 26 Par 2 be interpreted as
Filipino law is applied. allowing a Filipino citizen who has been divorced
o Bigamous marriages except under by a spouse who had acquired a citizenship and
Art. 41. remarried, also to remarry under Philippine law.
-Art. 41 speaks of a valid bigamous
marriage. - SC said that the 2nd paragraph of Art. 26
- ex. Your spouse disappeared for at applies to a situation wherein both parties
least 2 years. You can file a petition are Filipinos. However, at the time the
for declaration of presumptive death divorce was obtained one became a
which allows you to remarry. If the naturalized citizen of another country, then
spouse that disappeared files a Art. 26 will apply.
certificate of reappearance to the civil
registrar, then the 2nd marriage you  Republic vs Manalo
may have entered into will be - Petitioner Marilyn, a Filipino, obtained a
terminated and you will have to go divorce decree in Japan for her marriage in
back to your previous spouse. the Philippines to a Japanese.
o Contracted through mistake of one - After Japanese courts issued a decree for
contracting party as to the identity of divorce, Marilyn filed a petition to cancel her
the other marriage certificate in the Philippines.
o Subsequent marriages that are void - However, the Solicitor General said that the
under Article 53 (psychological cancellation of marriage certificate is not the
incapacity). proper remedy. So, Marilyn filed a
o Incestuous marriages (Art. 37) recognition of valid divorce obtained in
Japan.
 Article 26 – divorce obtained abroad is not - The trial court ruled that Philippine laws do
recognized here in the Philippines not afford Filipinos the right to file for divorce
- Where a marriage between a foreigner and a unless they are naturalized as citizens of
Filipino is validly obtained abroad, and if that another country, whether married here or
divorce decree allows him/her to remarry, abroad or to a foreigner or Filipino.
then the Filipino spouse can be allowed to - Marilyn appealed. The Court of Appeals
marry in the spirit of justice and equity. It overturned the trial court’s decision and Art.
 26 can be applied because the fact that the  Article 29 – the LCR can administer oaths;
Japanese can remarry must also allow the affidavit of solemnizing officer will also state that
Filipino to be married. he had done his best to ascertain the age and
- In a petition for recognition of a foreign the legal capacity of the parties to marry. This
judgment, Marilyn is given the chance to originally is a task of the local civil registrar but
present proof that: because of absence of such and that of a
o There really is a valid divorce marriage license, this duty falls on the
judgment issued by the Japanese solemnizing officer in articulo mortis.
court
o That there is a Japanese law allowing - Affidavit required is to prove the existence of
the Japanese to remarry the exemption and to justify the exemption.
- This is a landmark case as it broadens the
scope of Art. 26. This case states that it  Marriage should be registered in the place
allows also the Filipino to be the one to file where it was celebrated.
the divorce and not only the foreigner. Just
because she is the petitioner does not mean  Failure to transmit the copies of the marriage
she is the culprit. contract within 30 days after the marriage does
not render the marriage void but there is an
- To reiterate, the purpose of Paragraph 2 of irregularity where the officer is liable.
Article 26 is to avoid the absurd situation
where the Filipino spouse remains married to
the alien spouse who, after a foreign divorce  Article 31 – plane in flight pertains that all
decree that is effective in the country where external doors are closed even if it is still on the
it was rendered, is no longer married to the runway following embarkation; even in
Filipino spouse. The • provision is a stopovers.
corrective measure to address an anomaly
where the Filipino spouse is tied to the  Article 32 – starts with 2nd lieutenant (military
marriage while the foreign spouse is free to officers); if the chaplain is present, he will
marry under the laws of his or her country. solemnize the marriage
Whether the Filipino spouse initiated the
foreign divorce proceeding or not, a  Article 33 – there is a condition that they are
favorable decree dissolving the marriage solemnized in accordance with customs, rites or
bond and capacitating his or her alien practices.
spouse to remarry will have the same result: - The marriage must be between both Muslims
the Filipino spouse will effectively be without or members of ethnic cultural communities
a husband or wife.· A Filipino who initiated a
foreign divorce proceeding 'is in the same  Article 34 – 5 year cohabitation exemption;
place and in ·1ike circumstance as a Filipino affidavit of cohabitation is needed
who is at the receiving end of an alien - 2 conditions:
initiated proceeding. Therefore, the subject o Parties must have been in live-in
provision should not make a distinction. In relationship for at least 5 years
both instance, it is extended as a means to o Between the 2 of them, there is no
recognize the residual effect of the foreign legal impediment preventing their
divorce decree on Filipinos whose marital marriage.
ties to their alien spouses are severed by
operation of the latter's national law.  Republic vs Dayot – marriage was void due to a
false affidavit of cohabitation.

 Article 27 – articulo mortis (marriage at the point  Article 35 – increased the age that allows a
of death) person to get married to 18
- These circumstances exempt from license - Good faith is taken from the vantage point of
requirement are still subject to the other the contracting parties. If even one of the
requirements (i.e. no marriage between 1st parties consider the solemnizing officer as
cousins). valid/authorized to perform the marriage,
- Rigor mortis – marriage between a person such marriage is valid. Provided, that such
alive with a dead person; the law does not officer is under Art. 7. However, if the
prohibit but the marriage is not valid as it contracting parties were negligent and were
lacks requirement of consent. Only articulo solemnized by a person not under Art. 7,
mortis is allowed and recognized. then such marriage is not valid.
- It would be up to the solemnizing officer to
determine if the party is really at the point of
death. It also applies if both parties are at the  Kho vs Republic
point of death. - Petitioner Kho filed a petition to declare her
- Articulo mortis does not apply to marriages marriage void. It was granted by RTC but
at the danger of death but only at the point of was reversed by CA.
death. - She then went to SC alleging that the CA
committed grave abuse of discretion.
 Article 28 – no means of transportation does not - Petitoner’s parents asked a clerk to prepare
pertain to absence of vehicles but inaccessibility. documents for a marriage at midnight. And at
3am, the petitioner was married.
 - According to petitioner, they never went to existing already at the time the marriage was
the civil registrar to apply for a marriage celebrated.
license. A certification from local civil - It must be reckoned/determined that the
registrar attested that there was no marriage incapacity was already there even after such
license procured. incapacity becomes manifest only after its
- SC held that since a marriage was solemnization.
celebrated, there must have been a license.
SC agreed with petitioner that the marriage
was celebrated in 1972, prior to the Family  Psychological incapacity is a ground that would
Code but under the Civil Code. And render the marriage void. It is only fundamentally
according to Art. 58 of the Civil Code, except required that the incapacity was already present
in exceptional circumstances, marriage must at the time of the celebration of the marriage and
be with a license. this incapacity relates to inability to discharge
- SC held that the requirement and issuances marital obligations (Art. 68).
of licenses is the state’s way of being
involved in the marriage. Hence, it justifies
why there has to be a license.
 Santos vs CA
- In addition, the LCR itself is the authority
which is in charge of license, hence there is
no other authority to declare otherwise. - First case of psychological incapacity
- Lieutenant Santos married Julia, a nurse.
Julia went to the US to work and their
communication eventually became sporadic.
 Lavadia vs Heirs of Juan Luna Upon going to the US to look for his wife, he
- Juan Luna was married and from his was unable to find her. When he went home,
marriage were 7 children. In 1976, he goes he then filed a petition for nullity of marriage.
to the Dominican Republic and obtained a His petition was denied by a trial court and
divorce decree from his wife. On the same the CA.
day, he married Lavadia. Eventually, he - However, SC ruled that his wife’s failure to
founded his own law firm and when the firm return is not psychological incapacity.
was dissolved, his partners stipulated that - SC provided 3 elements of psychological
Luna’s share in the condo including office incapacity:
furniture of their law firm should go to Luna’s o Gravity
children. o Juridical antecedence
- The second wife argued that she is the legal o Incurable
wife upon the grant of divorce decree and  Her failure to return simply means she is
that the decree already included the insensitive.
settlement of the conjugal estate.  SC said that under juridical antecedence, it
- SC ruled that withstanding the divorce must be proved that the antecedence must
decree was obtained abroad and under Phil. already be present at the time of the
Laws, Luna and his first wife are still validly celebration of the marriage to be consulted
married and Luna’s remarriage to Lavadia by the psychologist.
was void.
- Since the divorce decree was not
recognized, all that is incidental to such, as
the settlement of conjugal estate, is also not  Marcos vs Marcos
recignized.  Wilson was assigned as a Presidential guard
to Imee Marcos. When President Marcos
was deposed from presidency, Wilson got
out of the military while his wife stayed.
 Republic of the Phils vs. Liberty Albios Brenda then took on various jobs and
- Albios married an American. Albios then eventually became successful. Wilson,
asked for their marriage to be declared null however, was unsuccessful and eventually
and void. RTC ruled in favour of Albios and became violent and had affairs that led to
said that the marriage was done for Brenda contracting a STD.
convenience. Since the marriage papers  Brenda filed a petition for nullity of marriage
were not processed in the US by her due to psychological incapacity. However,
husband, Liberty did not pay the promised Wilson argued that since there was no
money for the marriage. psychological evaluation, such allegation is
- SC affirmed that the marriage’s purpose was not valid. However, SC said that it is not an
so that she could be an American citizen indispensable requirement to require
herself. When a couple marries only to psychological evaluation because the
acquire citizenship benefits or for accused party would most likely not permit
immigration purposes, SC said that it is not himself to be subjected to such evaluation.
up to them to judge why the parties got All that is necessary is the totality of
married. The fact that they still gave free evidence which means that from the
consent to the marriage must still be applied evidence presented, one can identify the
and given merit. respondent’s condition.
 Unfortunately, SC said that using Santos vs
Santos, juridical antecedence is absent since
 Article 36 – the psychological incapacity must Wilson only started exhibiting bad behaviour
not be of a recent development. It must be when he was discharged from the military
 service which happened during the course of controlling, should be given great respect by
marriage. SC also believed that the case is our courts.
curable since Wilson is already becoming a
productive member of society as he is now (h) The trial court must order the fiscal and the
working as a taxi driver. Solicitor General to appear as counsel for
the State. No decision shall be handed down
unless the Solicitor General issues a certifi
cation, which will be quoted in the decision,
 Republic vs CA (Roridel Molina) *** briefly stating his reasons for his agreement
- Roridel was married to Reynaldo and had a or opposition to the petition. The Solicitor
son. After 1 year, Reynaldo showed signs of General and the fiscal shall submit such
immaturity (i.e. he was always with friends; certification to the court within fifteen (15)
depended on his parents). The RTC granted days from the date the case is submitted for
Roridel’s petition for nullity of marriage which resolution. In the case at bar, finding that
was affirmed by the CA. there was no psychological incapacity on the
- The Solicitor General then filed a case part of the respondent-husband but more a
against the CA that conflicting personalities “difficulty’’ if not outright “refusal’’ or “neglect’’
and irreconcilable differences are applicable in the performance of some marital duties,
for divorce but not for nullity of marriage. SC and that the evidence merely showed that
said that it is not enough that the parties the parties could not get along with each
failed to discharge their marital duties but it other, the Supreme Court denied. The
must be proven that such failure must be due petition for declaration of nullity of marriage
to a psychological incapacity. filed by petitioner-wife.
- SC denied Roridel’s petition since mere
irreconcilable differences is not a
psychological incapacity.
 Specific guidelines in interpreting psychological  Article 37 – Incestuous relationships void due to
incapacity: blood relations between:
(a) The burden of proof to show the nullity of o Ascendants and descendants
the marriage belongs to the plaintiff, and any o Brothers and sisters, full or half blood
doubt must be resolved in favor of the
existence of the marriage and against its
nullity.  Article 38 – Purpose: to foster the integral,
normal, peaceful, family unit
(b) The root cause of the psychological -void by blood (1) and public policy (2 & 3) and
incapacity must be: (1) medically or clinically due to fictional relationship due to adoption
identifi ed; (2) alleged in the complaint; (3) (4,5,6,7,8); void for reason of public policy (9).
suffi ciently proven by experts; and (4) - relationship by consanguinity is not capable of
clearly explained in the decision dissolution
- collateral blood relatives – until 4th civil degree
(1st cousins)
(c) The incapacity must be proven to be existing
at “the time of the celebration of the Grandfather
marriage,’’ although the manifestation need I (2nd degree)
not be perceivable at such time. -----------------------
(3rd degree) I I
(d) The incapacity must also be shown to be
Uncle Father
medically or clinically permanent or
incurable, although the incurability may be (4th degree) I I (1st degree)
relative only in regard to the other spouse,
not necessarily absolutely against everyone Cousin Me
of the same sex. Furthermore, the incapacity
must be relevant to the assumption of
marriage obligations, not to those not related  It is also prohibited between stepfathers and
to marriage like the exercise of a profession stepdaughters due to public policy.
or employment in a job.
(e) Such illness must be grave enough to bring
about the disability of the party to assume  (Does the in-law relationship expire the moment
the essential obligations of marriage. the marriage between spouses dissolve?)

(f) The essential marital obligations must be  Intestate Estate of De Carungcong vs People
those embraced by Arts. 68-71 of the Family
Code as regards husband and wife, and  The mother died. Mediatriz, one of the
Arts. 220-225, same Code, in regard to children, filed a petition and was deemed the
parents and their children. Such non- administrator of the estate. In the course of
compliance must also be stated in the administration, she found that some estate of
petition, proven by evidence, and included in her mother were given to her brother in law as
the text of the decision. her mother was duped into giving 2 lots through
(g) Interpretations given by the National the signing of a Special Power of Attorney. Upon
Appellate Matrimonial Tribunal of the finding out, she files a suit of estafa and
Catholic Church in the Philippines, while not falsification against her brother-in-law.
  However, brother in law invoked Art. 332
of the RPC which stated that there are certain -This is however amended by R.A. 8533 which
relations exempt from criminal responsibility for states that actions for declaration of nullity of
the crimes of theft, estafa and malicious mischief marriage are no longer subject to prescription.
due to absolutory cause). Hence, you can file for nullity of marriage
 Acc. to Mediatrix, the in-law relationship anytime.
no longer exists because the death of her sister
already terminated the relationship.  Article 40 – such final judgment is by a civil court
 SC ruled that for lack of jurisprudence, it and not a church tribunal
would refer to the US legal system. Acc. to such, -juridical declaration of nullity is required only for
there are 2 views (1) terminated affinity rule remarriage. For other purposes like questions of
(relationship by affinity is simply co-extensive paternity, you don’t need prior declaration of
with the marriage that produced it; once nullity of marriage.
severed, it no longer exists) and (2) continuing
affinity view (posits that the relationship by  Article 41 – expresses the general rule. The rule
affinity continues even with the death of a says that a marriage conducted during the
spouse; it endures after the dissolution of the existence of a prior marriage is null and void
marriage. hence it is bigamous.
 In the case, SC said that the 2nd view is -does not terminate your previous marriage but
more consistent with Article 332 of the RPC. only allows you to remarry
Continuity affinity view is held to be sustained in -Exception: a valid subsequent marriage with
this jurisdiction since it is the policy of the state requirement that the spouse is absent for 4
to preserve the wholesome relationships that consecutive years (ordinary circumstances) or 2
were formed during marriage. consecutive years (extraordinary circumstances
 However, SC said that the brother-in-law under Art. 391) and the spouse present has a
could not invoke absolutory cause since the well-founded belief that the absent spouse is
charge was a complex crime of estafa with already dead.
falsification. - Extraordinary circumstances require a shorter
period of 2 years under 3 circumstances in Art.
 In Article 38 (9), it must be animated with the 391:
intention of marrying another. o A person on board a vessel lost during a
sea voyage, or an aeroplane which is
 Generally, a man who kills his spouse is missing, who has not been heard of for
charged with parricide. Unless if it is death under four years since the loss of the vessel or
exceptional circumstances (i.e. when you kill aeroplane;
your spouse immediately after discovering them o A person in the armed forces who has
in a sexual act with another). In such case, the taken part in war, and has been missing
penalty is destierro. for four years
o A person who has been in danger of
 Article 38 (9) provides 2 situations (marriage is death under other circumstances and his
void; but it must be with the intention of existence has not been known for four
marrying). years.

o You are single and you kill the spouse of

your lover  Navarro vs Judge Domagtoy
o You kill your own spouse to marry  Navarro was the municipal mayor and he
another reported that Judge Domagtoy conspired a
o Both parties are married and they kill marriage between Gaspar and Arlene even if
their own spouses. the judge knew that Gaspar had been married
before and merely separated from his wife.
 If it is not mentioned in Art. 38, it is allowed. (i.e. The judge acknowledged that he conducted
marriage between stepsister and stepbrother; the marriage and knew that Gaspar had been
what is prohibited is stepparent and separated however, he relied on an affidavit
stepchildren), (marrying your brother-in-law; and assumed in good faith that the affidavit
what is prohibited is parents-in-law and their saying that the 1st wife was missing was
children), (adopted and illegitimate children can sufficient enough.
get married; however, marriage between  SC however said that even though Gaspar’s first
legitimate and adopted is void due to the fictional wife had been gone for 7 years and he had a
relationship created by adoption. well-founded belief that she was dead, he did
not institute a summary proceeding for the
 Legally, a priest can get married. declaration of presumptive death of his absent
wife.
 Arts. 35, 36, 37, 38 – grounds for declaring
nullity of marriage
 Republic vs Catubag
 Art. 39 – in filing for nullity of marriage, if such  Respondent Ludison and Shannivieve
marriage took place when the Civil Code still cohabited and had children. When Ludison went
took effect, you have 10 years to file a abroad, relatives informed Ludison that
declaration of nullity of marriage. If beyond that, Shannivieve had left their children with them and
it is dismissed because it is beyond the that she did not come back for them. Ludison
prescriptive period. then applied for leave and came back to the
 country. He looked for his wife everywhere but purposes of remarrying. For the AFP to
could not find her. require a declaration of presumptive
 After 7 years of waiting, Ludison filed a death to claim benefits is unfounded.
petition for presumptive death. However, the
court denied it because it did not subscribe to all
requirements of Art. 41.  Art. 42 – execution of affidavit of reappearance
 SC provided 4 requisites under Art. 41 by the returning spouse or any interested party.
that must be complied with for the declaration of  The recording and filing of this affidavit of
presumptive death to prosper: reappearance must be in the place where your
o The absent spouse has been missing for spouse’s 2nd marriage is residing. Once filed, the
four consecutive years or 2 if such subsequent marriage shall automatically be
spouse was in danger of death when the terminated and no judicial intervention is
disappearance occurred. required.
o The present spouse wants to remarry
o The present spouse has a well-founded
belief that the absentee is dead
 Republic vs Cantor
o The present spouse files for a summary
proceeding for the declaration of - The wife said that he and her husband always
presumptive death of the absentee. argued and eventually, he left the conjugal
 Even though Ludison complied with the dwelling. After being absent for four years, the
1st, 2nd and 4th requisites, he has not satisfied the wife filed a petition for declaration of
3rd as he has not established a well-founded presumptive death.
belief that his wife is dead. SC said that
Ludison’s efforts to look for his wife fell short - SC said that the burden of proof is with the
from the effort required by jurisprudence that present spouse to prove that her spouse had
“well-founded belief must result from diligent gone missing and that she has a well founded
efforts and not just any mere effort.” belief that he was already dead. Adopting the
strict standard approach, it is not just mere
 The petition for declaration of presumptive death passive but an active search is required.
is not appealable but executor. Once declared,
only a petition for certiorari can be done.
 Article 43- enumerates the consequential effects
of the termination of the subsequent marriage
 Republic vs Tampus - Children conceived prior to the termination of
 Dante and Nilda got married. Dante was a the 2nd marriage is considered legitimate.
member of the AFP and was assigned to - Forfeited is the share of the net profits. This
Sulu. Almost 33 years later, Nilda filed a refers to the increase in the market value at the
petition for declaration of presumptive death. time the marriage was terminated. (appraisal is
The trial court granted the petition. However, needed); this is only applicable is the spouse
the Solicitor General filed a petition for acted in bad faith and knew that his former
certiorari. spouse is still alive.
 SC set aside the trial court’s decision. It said - Upon termination of marriage, their properties
that Nilda failed to actively look for her are dissolved.
missing husband and her mere asking from -Donation prompta nocias – gift on the occasion
relatives did not satisfy the strict standard and of marriage and not by reason of marriage.
degree of diligence required to create a “well-
founded belief” of her spouse’s death.  Article 44 – both spouses acted in bad faith
hence the marriage is void

 Void marriages – predicated on absence of

 Tadeo Matias vs Republic
requisites; not subject to ratification
- Petitioner Estralita filed a petition to declare her - Art. 35, 36, 37, 38, 44, 41, 43, 21 52
husband, Wilfredo, a member of the Phil.
Constabulary, dead. Acc. to her, her husband  Voidable marriages – there are defects; subject
never returned and even contacted her. to ratification by continued cohabitation.
NAPOLCOM also declared him missing. She
specifically indicated that her petition was due to  In all civil actions, burden of proof lies with the
avail of the survivorship benefits from his one making the allegation.
husband. The trial court granted the petition but
the CA denied.  Article 45 – grounds for annulment of marriages
- Fraud – concealment or misinterpretation
- SC held that the CA’s dismissal was correct.
under civil law
o For purposes of presumptive death, she
did not comply to the standard of well-  Children born in voidable marriages are
founded belief required by jurisprudence considered legitimate.
as no witnesses were presented to vouch  Intoxication is equal to unsound mind as well as
that she asked them of her husband’s somnambulism.
whereabouts.  If you invoke unsound mind as grounds for
o SC also said that Estralita did not have a
nullity of marriage, it may be argued that you did
cause of action. A court order to declare
presumptive death can only be used for it under a lucid interval.
 Force- physical; Intimidation – compels a person marriage: (likewise applicable for petition for
to act a certain way. legal separation)
 Shotgun marriages are voidable marriages. - The state policy has always been to
 Undue influence – when a person exercises uphold and protect the sanctity of family
moral ascendency to another life.
 Incapacity to consummate marriage must be a (1) There must be no collusion between
pre-existing condition and must have existed at the 2 parties
the time the marriage was celebrated. This (2) There must be no
should not be confused with sterility. suppression/fabrication of evidence
 Cranial cohabitation – posits that if the wife - No judgment shall be based upon a
remains a virgin 3 years after the marriage was stipulation of facts or confession of
conducted, then the husband is impotent. judgment. This refers to the pre-trial
where facts are admitted such as the
presentation of (i.e. marriage certificate,
 Alcazar vs Alcazar pictures showing either party in a
- The woman raised the ground of incapacity to compromising position and such are
consummate in her application for nullity of marked as (i.e. exhibit A, exhibit B)
marriage. - During trial, once an evidence has been
- Incapacity to consummate denotes the admitted & marked, you can no longer
permanent disability on the part of the spouse question it.
to perform the complete act of sexual - Purpose of pre-trial is to make the case
intercourse. No evidence was presented to smoothsailing
establish that respondent was physically - The procedure in annulment and in
incapable to consummate the marriage. SC declaration of nullity cases is governed
ruled that it was not incapacity to consummate by the Supreme Court en banc
since they had already consummated their Resolution in A.M. No. 00-11-01-SC
marriage after their wedding and before her effective March 15, 2003.
husband went abroad. - When you file a petition, you alos need to
furnish a copy to the Prosecutor’s office
 Article 46 – circumstances that constitute fraud and the office of the Solicitor General
-constructive concealment – she did not hide her - The Family court of the RTC has
pregnancy but she concealed that the child was jurisdiction of such cases. In a petition,
of another man you can file it at the place the petitioner is
-Art. 46 (3) – concealment only constitutes fraud living or the place the respondent is
living. Within 5 days from filing of the
 Article 47 – annulment is an actions in rem petition for annulment, you need to
because it involves the status of persons/parties furnish a copy to the Solicitor General in
and such status affects/binds them. Manila. The furnishing of the copy due to
distance can be sent through registered
 If petition for annulment is granted, your status mail. In such, the date of the sending is
once again reverts to being single. considered as the date of the filing. You
also need to furnish a copy to the
 (1) Parents who did not give consent but is City/Prov’l. Prosecutor’s Office.
bound by the prescriptive period, so long as - OSG can issue a deputization order to
he/she has not reached 21. By the party whose the Prosecutor to represent the state in
parents did not give consent, must file w/in 5 the case.
years - Non-compliance of the furnishing can
(2) insanity moto propio dismiss the petition.
(3) fraud, the injured party must file within 5 - Sec. 8 of the Rules provides that if the
years after the discovery of the fraud respondent spouse fails to
(4) relates to force, fraud, intimidation and undue answer/respond to the complaint lodged
influence (filed w/in 5 years from the time of against him, the court might be expecting
force, intimidation or undue influence that the parties are in collusion; he can
disappeared) not also be declared as default because
(5) for impotency and affliction of STD which is it would be taken as judgment based on
serious and apparently incurable in character; stipulation. A judge will order the fiscal to
within 5 years after the marriage. STD must conduct a report to determine if the
already be there at the celebration of the parties are in collusion. The report then
marriage. Affliction by the spouse of STD during would be submitted by the fiscal.
the marriage can be used as evidence to prove - A fiscal would then conduct an
sexual infidelity but is not a ground for investigation hearing to determine if there
annulment or legal separation. Sexual infidelity had been collusion; but not necessarily
is a ground for legal separation. both parties at the same time. Then
questions would be asked to the parties
 Article 48 – 2 basic rules that govern cases of to determine whether there is collusion or
annulment or declaration of absolute nullity of not.
 - Once there is a report on the collusion, - For children 7 and below – the custody
the pre-trial would then be conducted will be given to the mother because the
and after, the trial. child has delicate needs that should be
- Non-answering of defendant may be taken cared of by the mother, unless for
indicative of collusion between parties. compelling reasons that the mother is
- Report should be given within 1 month unfit.
and furnished to the parties and their - Even if the child is above 7 years old and
counsels. In the report, if there is makes a choice of parent, the court can
collusion, the fiscal will state how he disregard that choice if it sees it unfit.
found that there had been collusion. The
parties can then comment on the fiscal’s  Article 50 – effects provided in Article 43 and
report that there had been collusion Article 44 also apply in proper cases to marriage
within 10 days from receipt of the report. declared void ab initio or annulled by final
- The court shall set the hearing and the judgment under Articles 40 and 45. Also
pre-trial brief is mandatory. provides for the liquidation partition & distribution
- If the fiscal says that there is no of the properties of spouses, the custody to
collusion, the court sets the pre-trial. support of the common children of the
- If the petitioner fails to appear in the pre- democracy of the Philippine legitimates.
trial, the case would be dismissed since it - The conjugal dwelling which it is situated,
is indispensable. The court would then shall be awarded to the parent whom
take it as disinterest. majority of the children will be living.
- Default order is not applied in annulment - The unemployment of the mother alone
and nullity of marriage cases. does not make her unfit to home custody.
- Should the petitioner be unavailable to It is not canpelling though since the
appear, the clients may execute a special husband can still give support.
power of attorney to his counsel or  Spouses Lim vs. Lim (gr. No. 163209,
another delegate to appear on his/her Oct. 13, 2009)
behalf. - The grandparents were ordered by the
- So long as the excuse is valid, his/her trial court to give support to the
appearance of petitioner will be excused. grandchildren. The spouses Lim lived
- In case if the respondent that did not with the husband’s parents. But the court
appear during pre-trial, he will not be found that the husband cheated. The
declared as default but the judge will wife abandoned the house of the inlaws.
order the fiscal to conduct an She never filed for a petition of support
investigation on why he did not appear in for the children. Because the husband
court as this may be indicative of did not make enough to support the
collusion. Whether or not his appearance children, the court asked the
is due to collusion of parties. grandparents to help in giving support to
the children. However, the grandparents
 Article 49 – talks about adequate provisions in a have only substitute parental authority,
written agreement but the matter of support is a different
- The court shall provide for the support of chapter in the family code. In the chapter
the spouses and the custody and support of support,________ & decendants are
of their common children. obliged to support each other. Hence, the
- While the case is pending, the court ____ valid. While the parents have
arranges for the support of the common custody in their inability, the
children grandparents were asked to support.
- If there had already been an agreement  Bumer vs. Amores, GR 195670, Dec.7,
between the parties, only thing that 2012)
needs to be done is to submit such - Bumer is a Dutch National, married to
agreement to the court. ___. Their marriage was non dissolved
- In the absence of such agreement, the since ____ was declared psychologically
court will provide the arrangement based incapacitated.
on whatever is alleged in the petition. - Issue: whether or not the foreign spouse
- As to the question of custody, paramount has right to claim real estate properties
consideration is given to the moral and when foreigners are not allowed to have
material welfare of the children and their property in the country.
choice of parent with whom they wish to - The foreigner argued upon dissolution of
remain. It shall also provide for the conjugal properties since his money
appropriate visitation rights of the other was the one used to purchase the
parent. property. When____ wife buys property
- Article 213 – in case of separation of in the _____ shall be escorted of his non
parents, who has the custody will be the participation.
parent designated by the court unless - Alien spouse was ____ by non claiming
there had already been an agreement. private property.
 - Compulsory heir – those recognized by 3. Attempt of the ____ of the other
the law to succeed. spouse. Does not need prior criminal conviction.
Article 51 - The value of the presumptive
legitimates of all common children is computed FAMILY CODE
as of the date of the final judgment of the trial
court. It shall be delivered in cash, property or Title II – Legal separation ( mere relative divorce & not
sound security, unless the properties, by mutual absolute divorce). Merely authorizes the spouse to live
agreement judicially approved. separately. Separation of bed & board.

______ - Commission/ reduction of a share to Article 55 – Grands for Legal Separation

which a compulsory heir is entitled. 1. Repeated physical violence or ____ absolute
If given to another or through a will, it conduct dissected against the petitioner, a
is resumed back to the legitimate. common child, or a child of the petitioner.
Frequency of physical violence warrants a ____
*_____ legitimate – delivered either to cash, of legal separation. Child- includes child by
property or sufficient security nature or adoption.
* It is only when the person dies that the right to - Does not include repeated physical
succeed hi is ____. In the case of presumed violence on the child of the respondent
legitimate, it is assumed that succession has out of wedlock or a previous marriage;
already been approved. because that is under his potential
authority.
Article 52 – Annulment of registration of _____ ( - Physical violence ____ bodily harm; it
of a _____of annulment) to the appropriate civil must be repeated to be a ground
registry & registry of property (i.e. Registry of (habituality).
deeds, LTO). - Pregnancy_______ is the determinant
- Absent such a recording of transfer of factor.
title, the rights of 3rd persons will not be - If it is not frequent, it can be considered
affected. ( ex. If those are hereditary and grossly abusive conduct.
the husband said that the property is not - Abusive is still considered a grand
conjugal and only owned by him because it causes emotional & mental
therefore the ____ cannot go after the anguish.
property, the law states that the ____ can Ong vs. Ong – William filed a petition seeking a reversal
still go after since it is not binding to a 3rd on the decision granting the petition for legal separation
party. filed by his wife claiming that her life was marked by
Article 53 – Non-compliance of Art. T2 will render the physical violence, grossly immoral conduct that
marriage will be valid. occurred after 3 years of their celebration of marriage.
She filed after 18 years of enduring
Article 54 - Children conceived as born before the violence. When the husband pointed the gun at her
judgment of annulment or absolute will of the marriage triggered the act of wife. The husband denies the
under Article 36 has become ____ & executary, shall be allegations of abuse; he _____ that the parents of the
considered legitimate. wife has; ______ of their conjugal property. However,
- Children conceived or born of the the JC considered his arguments as far-fetched. The
subsequent marriage under Article 53 JC said that William himself admitted that he had bad
shall _____ be legitimate. temper & then it is not far-fetched that he could have
- During the Spanish regime, there was no abused his wife.
absolute divorce of the Phil. But there
was only legal separation governed by Article 56
the siette partidas of RA 386 (the new - 1 .Condonation – act of forgiving the
civil code) – there was act. 2710 offense after its commission.
authorized absolute divorce on 2 grands. - Each act of sexual infedility is a separate
- 1. Concubinage on the part of the act of constituting a ground for legal
husband and separation. Hence, just because your
- 2. Adultery on the part of the wife spouse forgave you for the commission
provided that a criminal case had already of an act does not mean he condemned
been filed prior to the petition for you for another act.
absolute divorce if he/she had been Ocampo vs.Flodenciano – The husband’s failure to lock
criminally convicted in such case. for his wife after she left the house does not equate to
Executive Order 141 – During the Japanese period, it condonation.
authorized absolute divorce for married grounds when 2. Consent – There is consent either of the
the spouse has leprosy (contagious disease), slander spouses agreed to or did not object, despite full
by deed of gross insult; unexplained absence of 3 knowledge, to the act of giving rise to a ground
years, husband’s adultery and concubinage. for legal separation, before such act was in fact
* The civil code repeated Act. 2710. committed.
1. Adultery of the wife 3. Connivance- Connotes direct influence/ perusal
2. Concubinage of the husband exertion of other actions with knowledge & belief
 of _____ that such action would produce certain
results & which results are produced.
*If the husband is the one encouraging
his wife to have intercourse with others,
there is connivance.

4. ______ or Equal Guilt – When 2 persons are in

both faith, they should be considered as have
acted in good faith. When 2 persons are in fault,
the court will leave it as it is.
Mutually guilty; hence there is no
offende party; both of them are guilty of
committing a grand for legal separation.

Ong vs. Ong - wife claimed that she was

physically abused by husband and he also
abused their children.
Husband claimed that the wife is
also guilty for abandonment of conjugal dwelling.
SJ filed that the wife only left under
the threat of the husband. Hence, both are not
mutually guilty.

5. _______ - Corrupt agreement; connivance

corrupt consent.
- Characterized by make believe or
pretense of committing a grand for legal
separation.
- An act of legal separation must be filed
when the act was committed.
6. Prescription - After the lapse of the 5 year
period. The legal separation case cannot be
filed.