FAMILY CODE REVIEWER (TOLENTINO) | PERSONS 1F 2018

TITLE I: MARRIAGE
FC1: Marriage is a special contract of permanent union
between a man and a woman entered into in accordance with
law for the establishment of conjugal and family life. It is the
foundation of the family and an inviolable social institution
whose nature, consequences, and incidents are governed by
law and not subject to stipulation, except that marriage
settlements may fix the property relations during the marriage
within the limits provided by this Code.
marriage is a contract sui generis which cannot be
compared to any other contract
Marriage has the following characteristics:
1) It is civil in character, established by the State
independently of its religious aspect
2) it is an institution of public order or policy, governed
by rules established by law which cannot be made
inoperative
3) It is an institution of natural character, because of the
satisfaction of intimate sentiments and needs of
human beings
Difference from ordinary contracts:
Ordinary Contract

Marriage

May be entered into Entered into only by 1 man and 1

by any no. of people woman
of any sex
Agreement of parties The law fixes the rights and
have the force of law duties of the parties
between them
Can be terminated by Cannot be so terminated; even
mutual agreement of though one of the parties
parties
subsequently becomes incapable
of performing his/her part
Breach will give rise Breach
of
obligations
of
to an action for husband/wife does not give rise
damages
to such action; law provides
penal & civil sanctions for some
(i.e. adultery)
Principal effects of a valid marriage:
1) Personal and economic relations between the spouses
2) Legitimacy of sexual union and of the family
3) Personal and economic relations between parents and
children
4) The family relationship
5) Emancipation of spouses from parental authority
6) Incapacity of spouses to make donations to each other
7) disqualification of spouses to testify against each other
8) modification of criminal liability
Contract to marry: purely executory contract, promise of
either party to marry cannot be enforced by court action
Breach of Promise to Marry: there is repudation where
before the time set for the performance of the marriage,
one party declares that he/she will not carry it out; breach
of promise to marry is not granted a right of action, but if

action for damages is based on tort or quasi-delict or

Articles 19, 21 and 22 of NCC, there will be sufficient legal
basis for damages
Effect of Seduction: Defendant will be liable for damages if
marriage was promised to plaintiff on the basis of carnal
knowledge
Even without seduction, damages may be recovered under
NCC19 but basis of action cannot be mere breach of
contract but some act constituting an abuse of right (i.e.
breaking off a marriage just before the ceremony)
Another legal basis for action in connection with breach of
contract to marry is NCC22 on unjust enrichment; Gifts to
the person to whom the donor is engaged to be married are
considered legally as conditional, and upon breach of the
engagement by the donee, may be recovered by the donor
like jewelry and engagement rings; absolute gifts (xmas
gifts) cannot be recovered.
FC2: No marriage shall be valid, unless these essential
requisites are present:
(1) Legal capacity of the contracting parties who must be
a male and a female; and
(2) Consent freely given in the presence of the
solemnizing officer.
Essential requisites: LC (Legal capacity, Consent)
Legal capacity as defined in FC5 and with no existing
impediments between them
Consent must be real, must be given by parties personally
without term or condition
A pretended marriage though legal in form but entered into
in jest is held subject to annulment at the suit of the parties;
lack of real intent may be proved by the circumstances and
the statements of the parties even if one party claims
afterwards that there was a valid marriage
Mistake as to the nature and legal consequences of the
ceremony or as to the identity or person of one of the
parties renders the marriage void for lack of consent;
marriage is not invalidated by mistake as to rank, fortune,
character or health.
Indispensable requirement is that contracting parties be of
different sexes; a hermaphrodite who succeeds in marrying
a man renders the marriage void.
FC3: The formal requisites of marriage are:
(1) Authority of the solemnizing officer;
(2) A valid marriage license except in the cases provided
for in Chapter 2 of this Title; and
(3) A marriage ceremony which takes place with the
appearance of the contracting parties before the
solemnizing officer and their personal declaration
that they take each other husband and wife in the
presence of not less than two witnesses of legal age.
SMC (Solemnizing officer, Marriage license, Ceremony)
Total absence of formal requirements renders marriage void
No particular ceremony is required by parties are required
to appear before the solemnizing officer and declare in the
presence of 2 witnesses that they take each other as
husband and wife

 In cases when there are no witnesses to the marriage, it will

still be VALID
FC4: The absence of any of the essential or formal requisites
shall render the marriage void ab initio, except as stated in
Article 35(a).
A defect in any of the essential requisites shall render
the marriage voidable as provided in Article 45.
An irregularity in the formal requisites shall not affect
the validity of the marriage but the party or parties responsible
for the irregularity shall be civilly, criminally and
administratively liable.
Absence of formal / essential = void ab initio
Defect in essential = voidable
Defect/irregularity in formal = no effect
Exception with respect to authority of solemnizing officer:
even if he has no authority but the parties believe in good
faith that he has authority, marriage is valid
FC5: Any male or female of the age of eighteen years or
upwards not under any of the impediments mentioned in
Articles 37 and 38, may contract marriage.
Even if there is consent of the parents but the person is
below 18 years old, marriage is void.
If there is no parental consent for those below 21 years old,
marriage is voidable.
No maximum age for marriage.

the solemnizing officer's church or religious sect;

(3) Any ship captain or airplane chief only in the case
mentioned in Article 31;
(4) Any military commander of a unit to which a chaplain
is assigned, in the absence of the latter, during a
military operation, likewise only in the cases
mentioned in Article 32;
(5) Any consul-general, consul or vice-consul in the case
provided in Article 10.
JPCCC (Judiciary, Pries, Captain, Commander, Consul)
FC7(2) Requisites for authority: 1) registered in the office of
the Civil Registrar General; 2) must have a written authority
to solemnize given by religious sect; 3) must act within the
limits of such authority; 4) both or one of the parties must
belong to the solemnizing officer's sect
Ship captains, airplane chiefs, military commanders in
articulo mortis ONLY
FC8: The marriage shall be solemnized publicly in the
chambers of the judge or in open court, in the church, chapel
or temple, or in the office the consul-general, consul or viceconsul, as the case may be, and not elsewhere, except in cases
of marriages contracted on the point of death or in remote
places in accordance with Article 29 of this Code, or where
both of the parties request the solemnizing officer in writing
in which case the marriage may be solemnized at a house or
place designated by them in a sworn statement to that effect.

FC6: No prescribed form or religious rite for the solemnization

of the marriage is required. It shall be necessary, however, for
the contracting parties to appear personally before the
solemnizing officer and declare in the presence of not less than
two witnesses of legal age that they take each other as husband
and wife. This declaration shall be contained in the marriage
certificate which shall be signed by the contracting parties and
their witnesses and attested by the solemnizing officer.
In case of a marriage in articulo mortis, when the party
at the point of death is unable to sign the marriage certificate,
it shall be sufficient for one of the witnesses to the marriage to
write the name of said party, which fact shall be attested by the
solemnizing officer.

FC9: A marriage license shall be issued by the local civil registrar

of the city or municipality where either contracting party
habitually resides, except in marriages wherein no license is
required in accordance with Chapter 2 of this Title.

Form of ceremony is not important as long as it complies

with FC3(3).
Marriages by proxy are not legally allowed in the country
Failure to sign or issue the marriage certificate: not essential
to the validity of the marriage as long as the consent of the
parties was given in the presence of a solemnizing officer;
failure to issue certificate would be merely an irregularity

Marriage license is still required for marriages abroad;

license is to be issued by the consular official
Parties need not be permanent residents/immigrants of a
foreign country

FC7: Marriage may be solemnized by:

(1) Any incumbent member of the judiciary within the
court's jurisdiction;
(2) Any priest, rabbi, imam, or minister of any church or
religious sect duly authorized by his church or religious
sect and registered with the civil registrar general,
acting within the limits of the written authority
granted by his church or religious sect and provided
that at least one of the contracting parties belongs to

Application for marriage license in another place is just an

irregularity
FC10: Marriages between Filipino citizens abroad may be
solemnized by a consul-general, consul or vice-consul of the
Republic of the Philippines. The issuance of the marriage
license and the duties of the local civil registrar and of the
solemnizing officer with regard to the celebration of marriage
shall be performed by said consular official.

FC11: Where a marriage license is required, each of the

contracting parties shall file separately a sworn application for
such license with the proper local registrar which shall specify
the following:
(1) Full name of the contracting party;
(2) Place of birth;
(3) Age and date of birth;
(4) Civil status;
(5) If previously married, how, when and where the
previous marriage was dissolved or annulled;
(6) Present residence and citizenship;

(7) Degree of relationship of the contracting parties;

(8) Full name, residence and citizenship of the father;
(9) Full name, residence and citizenship of the mother;
(10) Full name, residence and citizenship of the guardian
or person having charge, in case the contracting party
has neither father nor mother and is under the age of
twenty-one years.
The applicants, their parents or guardians shall not be
required to exhibit their residence certificates in any formality
in connection with the securing of the marriage license.
FC12: The local civil registrar, upon receiving such application,
shall require the presentation of the original birth certificates
or, in default thereof, the baptismal certificates of the
contracting parties or copies of such documents required by
this article need not be sworn to and shall be exempt from the
documentary stamp tax. The signature and official title of the
person issuing the certificate shall be sufficient proof of its
authenticity.
If either of the contracting parties is unable to produce
his birth or baptismal certificate or a certified copy of either
because of the destruction or loss of the original, or if it is
shown by an affidavit of such party or of any other person that
such birth or baptismal certificate has not yet been received
though the same has been required of the person having
custody thereof at least fifteen days prior to the date of the
application, such party may furnish in lieu thereof his current
residence certificate or an instrument drawn up and sworn to
before the local civil registrar concerned or any public official
authorized to administer oaths. Such instrument shall contain
the sworn declaration of two witnesses of lawful age, setting
forth the full name, residence and citizenship of such
contracting party and of his or her parents, if known, and the
place and date of birth of such party. The nearest kin of the
contracting parties shall be preferred as witnesses, or, in their
default persons of good reputation in the province or the
locality.
The presentation of birth or baptismal certificate shall
not be required if the parents of the contracting parties appear
personally before the local civil registrar concerned and swear
to the correctness of the lawful age of said parties, as stated in
the application, or when the local civil registrar shall, by merely
looking at the applicants upon their personally appearing
before him, be convinced that either or both of them have the
required age.
Docs required (BBR): Birth certificate, Baptismal certificate,
Residence certificate/ affidavit of 2 witnesses
Proof of age dispensed with (ACF): Appearance of parents of
contracting parties before the LCR; Convinced the LCR by
merely looking at the parties; Formerly married parties
without impediments
Residence certificate can be used in absence of birth cert but
cannot prove age
FC13: In case either of the contracting parties has been
previously married, the applicant shall be required to furnish
instead of the birth or baptismal certificate required in the last
preceding article, the death certificate of the deceased spouse

or the judicial decree of the absolute divorce, or the judicial

decree of the annulment or declaration of nullity of his or her
previous marriage. In case the death certificate cannot be
secured, the party shall make an affidavit setting forth this
circumstance and his or her actual civil status and the name and
date of death of the deceased spouse.
FC14: In case either or both of the contracting parties not
having been emancipated by a previous marriage, are
between the ages of eighteen and twenty-one, they shall, in
addition to the requirements of the preceding articles, exhibit
to the local civil registrar, the consent to their marriage of
their father, mother, surviving parent or guardian, or persons
having legal charge of them, in the order mentioned. Such
consent shall be manifested in writing by the interested party,
who personally appears before the proper local civil registrar,
or in the form of an affidavit made in the presence of two
witnesses and attested before any official authorized by law to
administer oaths. The personal manifestation shall be
recorded in both applications for marriage license, and the
affidavit, if one is executed instead, shall be attached to said
applications.
Parental consent of parties below 21 is required to
supplement the natural incapacity of such parties, whose
inexperience may lead them to a union which is difficult of
prejudicial for them.
Parental consent given for a previous marriage need not be
repeated for another marriage
Age of majority reduced by RA 6809 to 18; but reduction of
age does not affect present article; person above 18 who is
an orphan does not need parental consent
Specific consent required for a particular person
Form of consent must be in writing: 1) parent personally
appears before LCR and signs consent, 2) execution of an
affidavit of consent in the presence of 2 witnesses
Parental consent given in the form required by law cannot
be revoked, unless there is just cause (i.e. found out a party
has incurable std), LCR should be notified of revocation
Lack of consent renders the marriage voidable; penal
sanctions shall apply if parties knowingly entered a
marriage without consent, or SO celebrates marriage with
the same knowledge
FC15: Any contracting party between the age of twenty-one
and twenty-five shall be obliged to ask their parents or
guardian for advice upon the intended marriage. If they do not
obtain such advice, or if it be unfavorable, the marriage license
shall not be issued till after three months following the
completion of the publication of the application therefor. A
sworn statement by the contracting parties to the effect that
such advice has been sought, together with the written advice
given, if any, shall be attached to the application for marriage
license. Should the parents or guardian refuse to give any
advice, this fact shall be stated in the sworn statement.
Advise of parents should be sought for ages 21-25
Want of favorable advice merely delays marriage; if license is
issued and marriage done before the lapse of the 3 months
publication, marriage is not affected; if parties knowing that

favorable advice will not be given, issuance of license must

be delayed; validity not affected
The need for parental advice depends on filial relationship
not on parental authority
FC16: In the cases where parental consent or parental advice is
needed, the party or parties concerned shall, in addition to the
requirements of the preceding articles, attach a certificate
issued by a priest, imam or minister authorized to solemnize
marriage under Article 7 of this Code or a marriage counsellor
duly accredited by the proper government agency to the effect
that the contracting parties have undergone marriage
counselling. Failure to attach said certificates of marriage
counselling shall suspend the issuance of the marriage license
for a period of three months from the completion of the
publication of the application. Issuance of the marriage license
within the prohibited period shall subject the issuing officer to
administrative sanctions but shall not affect the validity of the
marriage.
Should only one of the contracting parties need
parental consent or parental advice, the other party must be
present at the counselling referred to in the preceding
paragraph.
Both intended spouses are required to undergo marriage
counseling if at least one is between 18-25; counseling to be
done by priest/minister/accredited marriage counselor who
shall issue the counseling certificate; w/o certificate
marriage license will be delayed for 3 months will not
affect validity of marriage
Requirement of marriage counseling is a means to prevent
hasty or ill-advised marriage
FC17: The local civil registrar shall prepare a notice which shall
contain the full names and residences of the applicants for a
marriage license and other data given in the applications. The
notice shall be posted for ten consecutive days on a bulletin
board outside the office of the local civil registrar located in a
conspicuous place within the building and accessible to the
general public. This notice shall request all persons having
knowledge of any impediment to the marriage to advise the
local civil registrar thereof. The marriage license shall be issued
after the completion of the period of publication.
Issuance of license before expiration of the 10 days required
for posting is an irregularity
Marriage license not required under FC 27-34
FC18: In case of any impediment known to the local civil
registrar or brought to his attention, he shall note down the
particulars thereof and his findings thereon in the application
for marriage license, but shall nonetheless issue said license
after the completion of the period of publication, unless
ordered otherwise by a competent court at his own instance or
that of any interest party. No filing fee shall be charged for the
petition nor a corresponding bond required for the issuances of
the order.
FC authorizes local civil registrar to note down on the
application of license the particulars of the impediment and
his findings but must issue the license anyway

No criminal liability on solemnizing officer but marriage will

be void
FC19: The local civil registrar shall require the payment of the
fees prescribed by law or regulations before the issuance of the
marriage license. No other sum shall be collected in the nature
of a fee or tax of any kind for the issuance of said license. It
shall, however, be issued free of charge to indigent parties, that
is those who have no visible means of income or whose income
is insufficient for their subsistence a fact established by their
affidavit, or by their oath before the local civil registrar.
FC20: The license shall be valid in any part of the Philippines for
a period of one hundred twenty days from the date of issue,
and shall be deemed automatically cancelled at the expiration
of the said period if the contracting parties have not made use
of it. The expiry date shall be stamped in bold characters on the
face of every license issued.
License automatically cancelled after the 120-day period
following its date. Cancellation means license is nonexistent.
FC21: When either or both of the contracting parties are
citizens of a foreign country, it shall be necessary for them
before a marriage license can be obtained, to submit a
certificate of legal capacity to contract marriage, issued by their
respective diplomatic or consular officials.
Stateless persons or refugees from other countries
shall, in lieu of the certificate of legal capacity herein required,
submit an affidavit stating the circumstances showing such
capacity to contract marriage.
Legal capacity of a foreigner to marry is recognized by our
laws as governed by the law of his/her country
Legal capacity of stateless persons shall be determined by
the laws of the Philippines
FC22: The marriage certificate, in which the parties shall
declare that they take each other as husband and wife, shall
also state:
(1) The full name, sex and age of each contracting party;
(2) Their citizenship, religion and habitual residence;
(3) The date and precise time of the celebration of the
marriage;
(4) That the proper marriage license has been issued
according to law, except in marriage provided for in
Chapter 2 of this Title;
(5) That either or both of the contracting parties have
secured the parental consent in appropriate cases;
(6) That either or both of the contracting parties have
complied with the legal requirement regarding parental
advice in appropriate cases; and
(7) That the parties have entered into marriage settlement,
if any, attaching a copy thereof.
FC23: It shall be the duty of the person solemnizing the
marriage to furnish either of the contracting parties the original
of the marriage certificate referred to in Article 6 and to send
the duplicate and triplicate copies of the certificate not later

than fifteen days after the marriage, to the local civil registrar
of the place where the marriage was solemnized. Proper
receipts shall be issued by the local civil registrar to the
solemnizing officer transmitting copies of the marriage
certificate. The solemnizing officer shall retain in his file the
quadruplicate copy of the marriage certificate, the copy of the
marriage certificate, the original of the marriage license and, in
proper cases, the affidavit of the contracting party regarding
the solemnization of the marriage in place other than those
mentioned in Article 8.
Failure of solemnizing officer to send the copy of the
marriage certificate to the local civil registrar does not
invalidate the marriage
Proof of marriage:
Marriage certificate;
Declaration of one of the parties as well as persons
present at the celebration;
public cohabitation after marriage;
birth & baptismal certificates of children
Every intention of law leans towards validity of marriage
FC24: It shall be the duty of the local civil registrar to prepare
the documents required by this Title, and to administer oaths to
all interested parties without any charge in both cases. The
documents and affidavits filed in connection with applications
for marriage licenses shall be exempt from documentary stamp
tax.
FC25: The local civil registrar concerned shall enter all
applications for marriage licenses filed with him in a registry
book strictly in the order in which the same are received. He
shall record in said book the names of the applicants, the date
on which the marriage license was issued, and such other data
as may be necessary.
FC26: All marriages solemnized outside the Philippines, in
accordance with the laws in force in the country where they
were solemnized, and valid there as such, shall also be valid in
this country, except those prohibited under Articles 35 (1), (4),
(5) and (6), 3637 and 38.
Where a marriage between a Filipino citizen and a
foreigner is validly celebrated and a divorce is thereafter validly
obtained abroad by the alien spouse capacitating him or her to
remarry, the Filipino spouse shall have capacity to remarry
under Philippine law. (As amended by Executive Order 227)
Validity of a marriage is determined by the law of the place
where it was entered into
Proof of foreign marriage:
provisions of the foreign law
celebration of marriage in accordance with those
provisions
Exceptions to the rule:
marriages which are deemed contrary to the law of
nature and good morals (bigamy),
marriages which the local law-making power has
declared shall not be allowed any validity
(consanguinity)

3) marriages which fall under FC 35-38

When contracted by Filipinos: their legal capacity to marry
must be tested by Phil. Law. All other requirements not
affecting capacity may be covered by foreign law
Forms of entering into the contract of marriage are to be
regulated by law where it is celebrated; essentials of the
contract depend upon the law of the domicile of the parties
Capacity to remarry after foreign divorce: foreign divorces
obtained by Filipinos are void
Mixed marriage: if foreigner obtains a valid foreign divorce,
the Filipino spouse can remarry under Philippine law. But if
the Filipino citizen secures the divorce, it will not be
recognized. (overturned by doctrine in Republic v. Orbecido)
FC27: In case either or both of the contracting parties are at the
point of death, the marriage may be solemnized without
necessity of a marriage license and shall remain valid even if
the ailing party subsequently survives.
articulo mortis; if one party was actually at the point of
death but recovered, marriage is still valid
FC28: If the residence of either party is so located that there is
no means of transportation to enable such party to appear
personally before the local civil registrar, the marriage may be
solemnized without necessity of a marriage license.
FC29: In the cases provided for in the two preceding articles,
the solemnizing officer shall state in an affidavit executed
before the local civil registrar or any other person legally
authorized to administer oaths that the marriage was
performed in articulo mortis or that the residence of either
party, specifying the barrio or barangay, is so located that there
is no means of transportation to enable such party to appear
personally before the local civil registrar and that the officer
took the necessary steps to ascertain the ages and relationship
of the contracting parties and the absence of legal impediment
to the marriage.
FC30: The original of the affidavit required in the last preceding
article, together with the legible copy of the marriage contract,
shall be sent by the person solemnizing the marriage to the
local civil registrar of the municipality where it was performed
within the period of thirty days after the performance of the
marriage.
FC31: A marriage in articulo mortis between passengers or crew
members may also be solemnized by a ship captain or by an
airplane pilot not only while the ship is at sea or the plane is in
flight, but also during stopovers at ports of call.
FC32: A military commander of a unit, who is a commissioned
officer, shall likewise have authority to solemnize marriages in
articulo mortis between persons within the zone of military
operation, whether members of the armed forces or civilians.
FC33: Marriages among Muslims or among members of the
ethnic cultural communities may be performed validly without
the necessity of marriage license, provided they are solemnized

in accordance with their customs, rites or practices.

Recognizes validity of Mohammedan, pagan marriages
Dispenses with the marriage license only; essential
requirements under FC still required for non-Christian
marriages
FC34: No license shall be necessary for the marriage of a man
and a woman who have lived together as husband and wife for
at least five years and without any legal impediment to marry
each other. The contracting parties shall state the foregoing
facts in an affidavit before any person authorized by law to
administer oaths. The solemnizing officer shall also state under
oath that he ascertained the qualifications of the contracting
parties are found no legal impediment to the marriage.
Intends to facilitate and encourage marriage of persons who
have been cohabiting for more than 5 years. All other
requirements must be complied with
FC35: The following marriages shall be void from the beginning:
(1) Those contracted by any party below eighteen years of
age even with the consent of parents or guardians;
(2) Those solemnized by any person not legally authorized
to perform marriages unless such marriages were
contracted with either or both parties believing in
good faith that the solemnizing officer had the legal
authority to do so;
(3) Those solemnized without license, except those covered
the preceding Chapter;
(4) Those bigamous or polygamous marriages not falling
under Article 41;
(5) Those contracted through mistake of one contracting
party as to the identity of the other; and
(6) Those subsequent marriages that are void under Article
53.
VOID AB INITIO: BULBIF (Below 18, Unauthorized
solemnizing officer, without License, Bigamous, mistake of
Identity, void under FC53)
BUL: absence of essential/formal requisite; BF: impediment
of prior marriage; I: lack of consent
Bigamous marriage: a subsequent marriage contracted by
any person during the lifetime of his spouse is illegal

(1) Between ascendants and descendants of any degree;

and
(2) Between brothers and sisters, whether of the full or
half blood.
NCC considers marriages between collateral relatives within
the fourth degree as incestuous
only marriages within the prohibited relationship are
incestuous, even if blood relation exists.
FC38: The following marriages shall be void from the beginning
for reasons of public policy:
(1) Between collateral blood relatives whether legitimate
or illegitimate, up to the fourth civil degree;
(2) Between step-parents and step-children;
(3) Between parents-in-law and children-in-law;
(4) Between the adopting parent and the adopted child;
(5) Between the surviving spouse of the adopting parent
and the adopted child;
(6) Between the surviving spouse of the adopted child and
the adopter;
(7) Between an adopted child and a legitimate child of the
adopter;
(8) Between adopted children of the same adopter; and
(9) Between parties where one, with the intention to
marry the other, killed that other person's spouse, or
his or her own spouse.
other relationships not indicated are not impediments (i.e.
guardian and ward)
marriages until first cousins are strictly prohibited
killing of spouse to remarry would render subsequent
marriage void
FC39: The action or defense for the declaration of absolute
nullity shall not prescribe. However, in case of marriage
celebrated before the effectivity of this Code and falling under
Article 36, such action or defense shall prescribe in ten years
after this Code shall taken effect. (As amended by Executive
Order 227)
FC40: The absolute nullity of a previous marriage may be
invoked for purposes of remarriage on the basis solely of a final
judgment declaring such previous marriage void.

FC36: A marriage contracted by any party who, at the time of

the celebration, was psychologically incapacitated to comply
with the essential marital obligations of marriage, shall likewise
be void even if such incapacity becomes manifest only after its
solemnization. (As amended by Executive Order 227)

for purposes of remarriage it would be necessary for the

party to such void marriage to secure a final judgement
declaring it null and void from the beginning. Without such
final judgement, the previous void marriage would
constitute an impediment to the remarriage.

action for declaration of nullity for this marriage does not

prescribe
void marriages are void from the beginning, not from the
declaration of nullity
in case of marriages celebrated before FC, the action of
absolute nullity prescribes in ten years after FC took effect

FC41: A marriage contracted by any person during subsistence

of a previous marriage shall be null and void, unless before the
celebration of the subsequent marriage, the prior spouse had
been absent for four consecutive years and the spouse present
has a well-founded belief that the absent spouse was already
dead. In case of disappearance where there is danger of death
under the circumstances set forth in the provisions of Article
391 of the Civil Code, an absence of only two years shall be
sufficient.
For the purpose of contracting the subsequent

FC37: Marriages between the following are incestuous and void

from the beginning, whether relationship between the parties
be legitimate or illegitimate:

marriage under the preceding paragraph the spouse present

must institute a summary proceeding as provided in this Code
for the declaration of presumptive death of the absentee,
without prejudice to the effect of reappearance of the absent
spouse.
Prior annullable or voidable marriage which has not been set
aside by final judgement or dissolved by death would be a
subsisting previous marriage subsequent marriage void
For purposes of remarriage, 4 years absence required for
presumption of death. 2 years absence is required for the ff
cases:
Former spouse on board a vessel/plane that went
missing
Military who took part in war, missing
Been in danger of death in other circumstances and
went missing
Duty of deserting spouse to inform abandoned spouse of
whereabouts; abandoned spouse is not required to
ascertain whereabouts of the former, and can validly
remarry after the required number of years absent
In case of 2 successive marriages, presumption is in favour of
2nd marriage, and burden is on the party attacking the
validity of the 2nd marriage to prove that the 1st has not
dissolved
FC42: The subsequent marriage referred to in the preceding
Article shall be automatically terminated by the recording of
the affidavit of reappearance of the absent spouse, unless there
is a judgment annulling the previous marriage or declaring it
void ab inito.
A sworn statement of the fact and circumstances of
reappearance shall be recorded in the civil registry of the
residence of the parties to the subsequent marriage at the
instance of any interested person, with due notice to the
spouses of the subsequent marriage and without prejudice to
the fact of reappearance being judicially determined in case
such fact is disputed.
Status of subsequent marriage:
Former marriage not dissolved: bigamous & null and
void
Spouse absent for a period of time as stated in FC41 in
good faith: valid
Both parties acted in bad faith in relation to FC41: void
ab initio
If present spouse (abandoned spouse) acted in good
faith, the bad faith of the 2 nd spouse will not affect the
validity of the marriage
Subsequent marriage is terminated by the mere recording in
the LCR of an affidavit attesting to the reappearance of the
absentee, at the instance of any interested person
When no action is taken when the absentee reappears, the
subsequent marriage will not be terminated; the spouse
who reappeared cannot enter into another marriage since
his marriage is not dissolved by the subsequent marriage of
his spouse
Legal effects of the first marriage are suspended as long as
the 2nd marriage subsists; absentee spouse will be
considered absent despite reappearance

FC43: The termination of the subsequent marriage referred to

in the preceding Article shall produce the following effects:
(1) The children of the subsequent marriage conceived
prior to its termination shall be considered legitimate;
(2) The absolute community of property or the conjugal
partnership, as the case may be, shall be dissolved and
liquidated, but if either spouse contracted said marriage
in bad faith, his or her share of the net profits of the
community property or conjugal partnership property
shall be forfeited in favor of the common children or, if
there are none, the children of the guilty spouse by a
previous marriage or in default of children, the innocent
spouse;
(3) Donations by reason of marriage shall remain valid,
except that if the donee contracted the marriage in bad
faith, such donations made to said donee are revoked
by operation of law;
(4) The innocent spouse may revoke the designation of the
other spouse who acted in bad faith as beneficiary in
any insurance policy, even if such designation be
stipulated as irrevocable; and
(5) The spouse who contracted the subsequent marriage in
bad faith shall be disqualified to inherit from the
innocent spouse by testate and intestate succession.
FC44: If both spouses of the subsequent marriage acted in bad
faith, said marriage shall be void ab initio and all donations by
reason of marriage and testamentary dispositions made by one
in favor of the other are revoked by operation of law.
FC45: A marriage may be annulled for any of the following
causes, existing at the time of the marriage:
(1) That the party in whose behalf it is sought to have the
marriage annulled was eighteen years of age or over
but below twenty-one, and the marriage was
solemnized without the consent of the parents,
guardian or person having substitute parental authority
over the party, in that order, unless after attaining the
age of twenty-one, such party freely cohabited with the
other and both lived together as husband and wife;
(2) That either party was of unsound mind, unless such
party after coming to reason, freely cohabited with the
other as husband and wife;
(3) That the consent of either party was obtained by fraud,
unless such party afterwards, with full knowledge of the
facts constituting the fraud, freely cohabited with the
other as husband and wife;
(4) That the consent of either party was obtained by force,
intimidation or undue influence, unless the same having
disappeared or ceased, such party thereafter freely
cohabited with the other as husband and wife;
(5) That either party was physically incapable of
consummating the marriage with the other, and such
incapacity continues and appears to be incurable; or
(6) That either party was afflicted with a sexuallytransmissible disease found to be serious and appears
to be incurable.
annulment and legal separation

ANNULMENT
LEGAL SEPARATION
Circumstance existing at Cause
arises
after
the time of the marriage
celebration of marriage
Terminates marital bond
No termination of bond
Once
final,
cannot Marital relations may
restore marital relation
resume by reconciliation
want of parental consent: marriage without parental consent
may be ratified when the party whose parent did not give
consent continues to cohabit the other as husband and wife
after the age of 21.
Marriage annullable if either party, by reason of defect or
disease of mind, was incapable of intelligently consenting
Presumption of law is in favour of sanity, he who alleges
insanity of another has the burden of proving it
Intoxication: a marriage may be annulled where one of the
parties was so intoxicated he/she had no mental capacity to
give a valid assent
Right of action to annul is given to the insane spouse and
provides for ratification after regaining reason; but if sane
spouse did not know of such insanity at the time of
marriage, he is given a right of action under FC47 par. 2 at
any time before the death of insane spouse
In cases of fraud, these are limited to what are enumerated
in FC46
Force/intimidation: a partys will is being destroyed by fear
or compulsion
Physical incapacity:
Incapacity exists at the time of the celebration of the
marriage
Such incapacity continues to the time when the case
for annulments being tried
That it appears to be incurable
Must be unknown to the contracting party
Physical incapacity referred to by law as a ground for
annulment is impotence (sexual intercourse with a normal
person is impossible); test of impotence is not the capacity
to reproduce but capacity to copulate
Triennial cohabitation: wife be a virgin and apt after 3 years
of cohabitation, husband will be presumed to be impotent
Actions barred:
if the other party had knowledge of the incurable
impotence before the marriage,
both spouses are impotent and such impotence
existed before the marriage
STDs: 1) std must exist at the time of marriage, 2) disease is
serious, 3) incurable, 4) unknown to the other party when
the marriage was solemnized
Ratification: voidable marriage is subject to ratification
through continued voluntary cohabitation by the party
entitled to bring the action for nullity after the cause of
nullity has ceased to exist.
3 marriages not subject to ratification:
1) one of the spouses is incurably impotent
2) one of the spouses has incurable std
3) sane spouse marries an insane spouse w/o knowledge of
the insanity

referred to in Number 3 of the preceding Article:

(1) Non-disclosure of a previous conviction by final
judgment of the other party of a crime involving moral
turpitude;
(2) Concealment by the wife of the fact that at the time of
the marriage, she was pregnant by a man other than
her husband;
(3) Concealment of sexually transmissible disease,
regardless of its nature, existing at the time of the
marriage; or
(4) Concealment of drug addiction, habitual alcoholism or
homosexuality or lesbianism existing at the time of the
marriage.
No other misrepresentation or deceit as to character,
health, rank, fortune or chastity shall constitute such fraud as
will give grounds for action for the annulment of marriage.

FC46: Any of the following circumstances shall constitute fraud

Estoppel in annulment: sane spouse knew of the insanity of

CPSD (conviction, pregnancy, std, drug addiction)

No other case of fraud, however serious, even if essentially
material to the marital relation, can be a ground for
annulment. Inclusion unius est exclusion alterius
Conviction of crime: the ff requisites are necessary: 1) crime
involves moral turpitude 2) there has been a conviction
Concealment of pregnancy: where a man has had sex with
his wife before the marriage and she is pregnant at the time
of marriage, even if he is not the father, the marriage will not
be annulled
FC45(6) compared to FC46(3) even if there was no
concealment of a serious and incurable std, the other party
can ask for annulment; FC46(3) states that the std need not
be serious or incurable as long as it was concealed, the other
party can ask for annulment; former not subject to
ratification, latter can be annulled through fraud
Recovery/rehab will not bar the action for annulment.
FC47: The action for annulment of marriage must be filed by
the following persons and within the periods indicated herein:
(1) For causes mentioned in number 1 of Article 45 by the
party whose parent or guardian did not give his or her
consent, within five years after attaining the age of
twenty-one, or by the parent or guardian or person
having legal charge of the minor, at any time before
such party has reached the age of twenty-one;
(2) For causes mentioned in number 2 of Article 45, by the
same spouse, who had no knowledge of the other's
insanity; or by any relative or guardian or person having
legal charge of the insane, at any time before the death
of either party, or by the insane spouse during a lucid
interval or after regaining sanity;
(3) For causes mentioned in number 3 of Articles 45, by the
injured party, within five years after the discovery of the
fraud;
(4) For causes mentioned in number 4 of Article 45, by the
injured party, within five years from the time the force,
intimidation or undue influence disappeared or ceased;
(5) For causes mentioned in number 5 and 6 of Article 45,
by the injured party, within five years after the
marriage.

the other, he is stopped to seek annulment where he has

lived with the wife claimed to have been insane for several
years; spouse had knowledge of the incurable impotence of
the other
After a voidable marriage has been ratified, it can no longer
be set aside even if the prescriptive period has not yet
expired.
FC48: In all cases of annulment or declaration of absolute
nullity of marriage, the Court shall order the prosecuting
attorney or fiscal assigned to it to appear on behalf of the State
to take steps to prevent collusion between the parties and to
take care that evidence is not fabricated or suppressed.
In the cases referred to in the preceding paragraph, no
judgment shall be based upon a stipulation of facts or
confession of judgment.
Prevent collusion between parties
Intervention of state attorney in uncontested cases to
emphasize that marriage is more than a mere contract
FC49: During the pendency of the action and in the absence of
adequate provisions in a written agreement between the
spouses, the Court shall provide for the support of the spouses
and the custody and support of their common children. The
Court shall give paramount consideration to the moral and
material welfare of said children and their choice of the parent
with whom they wish to remain as provided to in Title IX. It
shall also provide for appropriate visitation rights of the other
parent.
Spouses are given first opportunity to provide in a written
agreement for their support and custody. Court examines if
agreement is adequate, if not, shall order the necessary
supplement.
FC50: The effects provided for by paragraphs (2), (3), (4) and (5)
of Article 43 and by Article 44 shall also apply in the proper
cases to marriages which are declared ab initio or annulled by
final judgment under Articles 40 and 45.
The final judgment in such cases shall provide for the
liquidation, partition and distribution of the properties of the
spouses, the custody and support of the common children, and
the delivery of third presumptive legitimes, unless such matters
had been adjudicated in previous judicial proceedings.
All creditors of the spouses as well as of the absolute
community or the conjugal partnership shall be notified of the
proceedings for liquidation.
In the partition, the conjugal dwelling and the lot on
which it is situated, shall be adjudicated in accordance with the
provisions of Articles 102 and 129.
FC51: In said partition, the value of the presumptive legitimes
of all common children, computed as of the date of the final
judgment of the trial court, shall be delivered in cash, property
or sound securities, unless the parties, by mutual agreement
judicially approved, had already provided for such matters.
The children or their guardian or the trustee of their
property may ask for the enforcement of the judgment.
The delivery of the presumptive legitimes herein

prescribed shall in no way prejudice the ultimate successional

rights of the children accruing upon the death of either of both
of the parents; but the value of the properties already received
under the decree of annulment or absolute nullity shall be
considered as advances on their legitime.
FC52: The judgment of annulment or of absolute nullity of the
marriage, the partition and distribution of the properties of the
spouses and the delivery of the children's presumptive
legitimes shall be recorded in the appropriate civil registry and
registries of property; otherwise, the same shall not affect third
persons.
FC53: Either of the former spouses may marry again after
compliance with the requirements of the immediately
preceding Article; otherwise, the subsequent marriage shall be
null and void.
FC54: Children conceived or born before the judgment of
annulment or absolute nullity of the marriage under Article 36
has become final and executory shall be considered legitimate.
Children conceived or born of the subsequent marriage under
Article 53 shall likewise be legitimate.
Uniformity of judgment:
There will be a liquidation, partition and distribution of
the properties of the spouses.
In determining the share of each spouse, the
properties or their value that had been donated in
consideration of marriage by the innocent spouse to
the spouse in bad faith, shall be revoked by operation
of law and returned to the innocent spouse to become
part of his distributable properties.
Legitime shall be delivered to legitimate children in
cash, property or securities. Under the NCC, the
legitime of legit children is of the estate of the
parent.
Innocent spouse may revoke the designation of the
spouse in bad faith as beneficiary in the formers life
insurance policy.
Spouse in bad faith shall be disqualified to inherit from
innocent spouse even under a will or testament.
Conjugal dwelling and the lot on which it is built will be
given to the spouse with whom the common children
choose to remain, unless agreed otherwise.
If both spouses acted in bad faith all donations by
reason of marriage from one to the other are revoked.
Judgment, partition, distribution shall be recorded in
the appropriate civil registry.
After all the foregoing, the former spouses are free to
marry again; otherwise, subsequent marriage shall be
null and void.
Effect of bad faith: his/her share in the net profits shall be
forfeited to the common children

TITLE II: LEGAL SEPARATION

FC55: A petition for legal separation may be filed on any of the
following grounds:
(1) Repeated physical violence or grossly abusive conduct
directed against the petitioner, a common child, or a child of
the petitioner;
(2) Physical violence or moral pressure to compel the
petitioner to change religious or political affiliation;
(3) Attempt of respondent to corrupt or induce the
petitioner, a common child, or a child of the petitioner, to
engage in prostitution, or connivance in such corruption or
inducement;
(4) Final judgment sentencing the respondent to
imprisonment of more than six years, even if pardoned;
(5) Drug addiction or habitual alcoholism of the respondent;
(6) Lesbianism or homosexuality of the respondent;
(7) Contracting by the respondent of a subsequent
bigamous marriage, whether in the Philippines or abroad;
(8) Sexual infidelity or perversion;
(9) Attempt by the respondent against the life of the
petitioner; or
(10) Abandonment of petitioner by respondent without
justifiable cause for more than one year.
For purposes of this Article, the term "child" shall include a
child by nature or by adoption.

RAPIAHBILA
(Repeated,
Affiliation,
Prostitution,
Imprisonment, Addiction, Homosexuality, Bigamy, Infidelity,
Life, Abandonment)
Paragraph (1): The violence must be of a serious degree, but
does not have to amount to an attempt against the life of
the defendant; must be repeated, to the extent that
common life with defendant becomes extremely difficult;
repeated physical violence or grossly abusive language
should be committed only by one spouse and not by both to
each other.
Paragraph (2): The physical violence or moral pressure to
compel the plaintiff to change religious/political affiliation
need not be repeated. Mere arguments to persuade the
plaintiff to change should not by itself be sufficient, element
of coercion should be present.
Paragraph (3): Guilt for the corruption or inducement to
prostitution must be on only one spouse. If both spouses
agree to the prostitution, neither one should be allowed to
obtain legal separation.
Paragraph (4): Refers to a final judgment of more than six
years imprisonment even if pardoned. Crime for which the
defendant is convicted is immaterial.
Paragraph (5) and (6): These grounds can be reasons for
actions for legal separation only when they come to exist
after the celebration of the marriage. If the defect existed at
the time of marriage, but the marriage had been ratified by
continued cohabitation or the action to annul has
prescribed, the action for legal separation may not be
subsequently brought.
Paragraph (7): A spouse may ask for legal separation from
the other who has contracted a bigamous marriage. The
effect on the feelings of the spouse who has not remarried

should justify legal separation in all such cases.

Paragraph (8): Every act of sexual infidelity of either husband
or wife is a ground for legal separation under the Family
Code, although as to the husband, the act does not
constitute concubinage as defined in the Penal Code. A civil
action for legal separation based on concubinage may
proceed ahead of or be simultaneous with a criminal action
for such. | Sexual perversion includes all unusual or
abnormal sexual practices which may be offensive to the
feelings or sense of decency of either spouse. Coercion
must be exercised by the defendant to make the plaintiff
submit to the act.
Paragraph (9): The act should constitute either attempted or
frustrated parricide. Mere infliction of physical injuries is not
sufficient in the paragraph. If the act against the life of the
spouse is justified, it will not be a ground for separation (i.e.
in defense of a child).
Paragraph (10): When a spouse leaves without intent to
return = abandonment, which may be expressly manifested
or inferred from circumstances. This abandonment must
continue for more than a year and be without justifiable
cause to be a ground for separation.
FC56: The petition for legal separation shall be denied on any of
the following grounds:
(1) Where the aggrieved party has condoned the offense
or act complained of;
(2) Where the aggrieved party has consented to the
commission of the offense or act complained of;
(3) Where there is connivance between the parties in the
commission of the offense or act constituting the ground
for legal separation;
(4) Where both parties have given ground for legal
separation;
(5) Where there is collusion between the parties to obtain
decree of legal separation; or
(6) Where the action is barred by prescription.
CCCRCB (Condoned, Consented, Connived, Recriminated,
Colluded, Barred)
Condonation forgiveness of marital offense constituting a
ground for legal separation; on the condition that wrongdoer
shall not commit the offense again; mere offer to reconcile is
an act of condoning already;
Consent or Connivances agreement or conformity in
advance of the commission of the act that would have been
ground for legal separation. Consent is an act of only one
spouse, connivance is agreement of both spouses.
Spouse who provides avenues for temptation to
commit infidelity will be a basis for consent
Test of Connivance: spouse may properly watch the
guilty party in order to attain proof of infidelity, but
must not make opportunities for the guilty party to act
Recrimination countercharge in a suit for legal separation
that complainant is also guilty of an offense constituting a
ground for legal separation; a person must come to court
with clean hands
Collusion agreement between spouses for one of them to
commit or to appear to commit a matrimonial offense in

order for the other to obtain legal separation; decree of

separation is void if a couple obtains one through collusion
FC57: An action for legal separation shall be filed within five
years from the time of the occurrence of the cause.
If the plaintiff does not come to know of the ground for legal
separation within 5 years from its occurrence, he/she
cannot sure for legal separation.
FC58: An action for legal separation shall in no case be tried
before six months shall have elapsed since the filing of the
petition.
Intends to give spouses a chance to reconcile. This does not
have the effect of overriding the other provisions of the
Family code (i.e. determination of custody of children,
alimony and support pendente lite)
FC59: No legal separation may be decreed unless the Court has
taken steps toward the reconciliation of the spouses and is fully
satisfied, despite such efforts, that reconciliation is highly
improbable.
Duty of court to try to reconcile parties; effort of court is not
limited to period before trial but may continue until before
judgment is rendered.
FC60: No decree of legal separation shall be based upon a
stipulation of facts or a confession of judgment.
In any case, the Court shall order the prosecuting
attorney or fiscal assigned to it to take steps to prevent
collusion between the parties and to take care that the
evidence is not fabricated or suppressed.
Confessions of a spouse to a ground for separation is not
sufficient basis for a judgment of legal separation. There
must be other proof of the offense; testimony of one
spouse cannot be taken in corroboration of that of the other
spouse for the purpose of proving the cause for legal
separation.
FC61: After the filing of the petition for legal separation, the
spouses shall be entitled to live separately from each other.
The court, in the absence of a written agreement
between the spouses, shall designate either of them or a third
person to administer the absolute community or conjugal
partnership property. The administrator appointed by the court
shall have the same powers and duties as those of a guardian
under the Rules of Court.
FC62: During the pendency of the action for legal separation,
the provisions of Article 49 shall likewise apply to the support
of the spouses and the custody and support of the common
children.
Effects of Filing a Petition:
Spouses can live separately from each other
Administration of common property shall be given by
the Court to either of the spouses or to a third person,
whichever is for the best interest of the community
in the absence of a written agreement of spouses, the

Court shall provide for the support between the

spouses and the custody of the children
When the consent of one spouse to any transaction of
the other is required by law, judicial authorization shall
be necessary, unless each spouse voluntarily gives
consent.
Alimony pendent lite: During the pendency of the suit for
separation upon a complaint filed, court's duty to grant
alimony to the wife and to make provisions for the support
of the children not in the possession of the father. If
defendant fails to comply with order of court granting
alimony, he must show cause as to why he should not be
punished for contempt.
Amount support pendente lite is not final and depends
on
resources of obligated; grants is upon discretion of court
Custody of Children: may be determined in 2 ways 1) by
agreement of spouses, and 2) by court order, based on
discretion of the judge, taking into account FC 49 & 213.
FC63: The decree of legal separation shall have the following
effects:
(1) The spouses shall be entitled to live separately from
each other, but the marriage bonds shall not be severed;
(2) The absolute community or the conjugal partnership
shall be dissolved and liquidated but the offending spouse
shall have no right to any share of the net profits earned
by the absolute community or the conjugal partnership,
which shall be forfeited in accordance with the provisions
of Article 43(2);
(3) The custody of the minor children shall be awarded to
the innocent spouse, subject to the provisions of Article
213 of this Code; and
(4) The offending spouse shall be disqualified from
inheriting from the innocent spouse by intestate
succession. Moreover, provisions in favor of the offending
spouse made in the will of the innocent spouse shall be
revoked by operation of law.
Marriage Bonds Subsist: obligation of mutual fidelity
remains; only sanction for infidelity after decree of
separation is penal
After a decree has been obtained, obligation of mutual
support between spouses ceases, however, the court may
order guilty spouse to support innocent spouse
A parent has certain natural rights with respect to his/her
child whose custody is given to the plaintiff parent, one of
which is right to access to the child unless forfeited by the
guilty party of the court.
The guilty spouse becomes disqualified to succeed the
innocent spouse and will not be entitled to the legitime. If a
will is executed after a decree, the disposition in favor of the
offender shall be valid, otherwise, it is ipso jure inoperative.
Dissolution and liquidation of the property regime are
necessary consequences of the final decree. A supplemental
decision on the division of property is a mere incident of the
decree of legal separation the latter being the main
judgment which, if not appealed, will become final &
executory.

FC64: After the finality of the decree of legal separation, the

innocent spouse may revoke the donations made by him or by
her in favor of the offending spouse, as well as the designation
of the latter as beneficiary in any insurance policy, even if such
designation be stipulated as irrevocable. The revocation of the
donations shall be recorded in the registries of property in the
places where the properties are located. Alienations, liens and
encumbrances registered in good faith before the recording of
the complaint for revocation in the registries of property shall
be respected. The revocation of or change in the designation of
the insurance beneficiary shall take effect upon written
notification thereof to the insured.
The action to revoke the donation under this Article
must be brought within five years from the time the decree of
legal separation become final.
Revocation of donations is optional for the innocent spouse.
If he/she dies before exercising this right, the donations
subsist.
FC65: If the spouses should reconcile, a corresponding joint
manifestation under oath duly signed by them shall be filed
with the court in the same proceeding for legal separation.
FC66: The reconciliation referred to in the preceding Articles
shall have the following consequences:
(1) The legal separation proceedings, if still pending, shall
thereby be terminated at whatever stage; and
(2) The final decree of legal separation shall be set aside,
but the separation of property and any forfeiture of the
share of the guilty spouse already effected shall subsist,
unless the spouses agree to revive their former property
regime.
The court's order containing the foregoing shall be recorded in
the proper civil registries.
FC67: The agreement to revive the former property regime
referred to in the preceding Article shall be executed under
oath and shall specify:
(1) The properties to be contributed anew to the restored
regime;
(2) Those to be retained as separated properties of each
spouse; and
(3) The names of all their known creditors, their addresses
and the amounts owing to each.
The agreement of revival and the motion for its
approval shall be filed with the court in the same proceeding
for legal separation, with copies of both furnished to the
creditors named therein. After due hearing, the court shall, in
its order, take measure to protect the interest of creditors and
such order shall be recorded in the proper registries of
properties.
The recording of the ordering in the registries of
property shall not prejudice any creditor not listed or not
notified, unless the debtor-spouse has sufficient separate
properties to satisfy the creditor's claim.
Reconciliation voluntary mutual agreement to live again as
husband and wife; upon resumption of personal marital

relations, it is necessary that spouses make a joint

manifestation signed by them under oath which must be
filed with the court in the proceedings for legal separation
for purposes of future property relations of the spouses;
approval of court is NOT required; fact of resuming common
life is the essence of reconciliation and terminates the legal
separation even if joint manifestation is not filed
Effects of Reconciliation:
1) No decree of legal separation filed: proceedings are
terminated at whatever stage, parties are restored to
their original situation
2) Reconciliation takes place after the decree of
separation has been handed down by the court: the
decree is set aside and all the orders in the decree will
have no effect except as to property relations;
community property not automatically revived
3) Court has already decreed the dissolution of the
community property/conjugal partnership: the regime
of separation of property will be the system of
property relations of the spouses
Spouses upon reconciliation may avoid the regime of
separation of property by executing under oath an
agreement to revive the former property regime; must be
submitted to court for approval in the same proceedings for
legal separation; the court should take measures to protect
the interest of the creditors
If the spouses do not agree to a new property regime, by law
their new regime will be separation of property
After reconciliation, a new action for legal separation can be
based only on the subsequent or other causes, but not on
the causes already pardoned.
TITLE III:
RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE
FC68: The husband and wife are obligated to live together,
observe love, respect and fidelity, and render mutual help and
support.
Mutually entitled to cohabitation or consortium
For purposes of law, only the tangible and material aspect of
cohabitation can be taken into account.
Cohabitation cannot be imposed by the law; sanction is only
patrimonial in nature. If the husband refuses to live with his
wife, he can be compelled to pay her pension and indemnity
for damages; if the wife refuses to live with the husband, he
can refuse to support her
Any person who interferes with the right of the spouses to
cohabitation may be held liable for damages under NCC26
Fidelity: the wife having nothing to do with another man, nor
the husband with another woman; adultery and
concubinage are punishable under RPC; sexual infidelity a
ground for legal sep under FC55
Mutual help: legal provisions which reveal the scope of this
duty and implement the general rule laid down in the
present article:
1) Legitimacy of defense of spouse (RPC11)
2) Increase of penalty in a crime by one spouse against
the person of the other (RPC246)

3) Incapacity of one spouse to testify against the other

(ROC123, sec26)
4) Right of one spouse to object to adoption of or by the
other (FC185, FC188)
5) Prohibition of donations between them (FC87)
These provisions prevent the application of general rules to
spouses so as not to impair the solidarity of reciprocal
affection between them.
Legal sanction: only obligation of mutual help that has legal
sanction is DUTY TO SUPPORT.
Husband has a right to reasonable control of his wifes
actions; husband may restrain wife from committing a crime
Husband not permitted to inflict personal chastisement
upon his wife, exception is RPC247: if caught in the act of
having sex with another person, then killed any of them will
suffer penalty of destierro, but if just physical injuries,
exempted from punishment.
Right to name and honors: a wife may use her husbands
name, but she may continue to use her maiden name; she
does not lose her identity or her rights acquired by
marriage; no exclusive right to use of husbands name; wife
shall enjoy honors of the husband except those which are
strictly and exclusively personal
Spouses cannot sell to each other unless there is a
separation of property between them
Standard of conduct: relations between husband and wife
are confidential, and all transactions between them are
subject to the same rules that control a trustee and cestui
que trust.
Mutual love cannot be compelled or imposed by court
action
FC69: The husband and wife shall fix the family domicile. In
case of disagreement, the court shall decide.
The court may exempt one spouse form living with
the other if the latter should live abroad or there are other
valid and compelling reasons for the exemption. However,
such exemption shall not apply if the same is not compatible
with the solidarity of the family.
If there are valid and compelling reasons for a spouse to
live apart from the other, the court may exempt him or
her from the obligation to live with the other. they do
not lose any right such as right to support.
Discretion of the court to ascertain validity; reasons for
non-exemption for example: spouse who does not want
to live with the other abroad may be involved in illicit
relations in the Philippines would entail loss of support.
FC70: The spouses are jointly responsible for the support of the
family. The expenses for such support and other conjugal
obligations shall be paid from the community property and in
the absence thereof, from the income or fruits of their separate
properties. In case of insufficiency or absence of said income or
fruits, such obligations shall be satisfied from their separate
properties.
FC71: The management of the household shall be the right and
duty of both spouses. The expenses for such management shall

be paid in accordance with the provisions of Article 70.

Order of liability for family support of the different
properties of the marriage: community property, income of
the spouses or fruits of separate properties, separate
properties.
In view of disagreements on household management, wifes
position should be given priority.
FC72: When one of the spouses neglects his or her duties to
the conjugal union or commits acts which tend to bring danger,
dishonour or injury to the other or to the family, the aggrieved
party may apply to the court for relief.
Parties may apply for relief, and discretion of the court to
determine what kind of relief may be given.
FC73: Either spouse may exercise any legitimate profession,
occupation, business or activity without the consent of the
other. The latter may object only on valid, serious and moral
grounds. In case of disagreement, the court shall decide
whether or not:
1) The objection is proper, and
2) Benefit has accrued to the family prior to the
objection or thereafter. If the benefit accrued prior
to the objection, the resulting obligation shall be
enforced against the separate property of the
spouse who has not obtained consent.
The foregoing provisions shall not prejudice the rights of
creditors who acted in good faith.
Husband can only object on serious, valid and moral
grounds. This power is based on the principle of unity of
direction in the marriage. If the requirements of the
household affairs are incompatible with the wifes career,
the wife cant carry out the latter. The respect for the newlyacquired liberty of the wife cannot prevail over the
requirements of morality and family stability.