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Internal law on marriage

ESSENTIAL REQUISITES
LEGAL CAPACITY/MALE & FEMALE
CONSENT FREELY GIVEN IN THE PRESENCE OF SOLEMNIZING OFFICER
FORMAL REQUISITES
AUTHORITY OF SOLEMNIZING OFFICER
A VALID MARRIAGE LICENSE WITH EXCEPTIONS
MARRIAGE CEREMONY/PERSONAL DECLARATION/PRESENCE OF NOT LESS THAN TWO
WITNESSES OF LEGAL AGE.
EFFECT OF ABSENCE OF ESSENTIAL/FORMAL REQUISITES
GEN. RULE:MARRIAGE-VOID AB INITIO
EXCEPTION: ARTICLE 35 (2)
COMMON-LAW MARRAGE BETWEEN FILIPINOS IS VOID
Irregularity/defect
DEFECT IN ESSENTIAL REQUISITE:
Ex. NO PARENTAL CONSENT (BET 18-21)(below 21)
VOIDABLE
DEFECT IN THE FORMAL REQUISITE
Ex. MARRIAGE LICENSE NOT APPLIED IN THE PLACE SPECIFIED/NO COMLIANCE ON
POSTING
NO EFFECT WITH ITS VALIDITY
CIVILLY, CRIMINALLY, AND ADMINISTRATIVELY LIABLE
APPLICABILITY TO FOREIGNERS
FORMAL REQUISITES
MARRIAGE HELD IN THE PHILIPPINES
CERTIFICATE OF LEGAL CAPACITY TO CONTRACT MARRIAGE ISSUED BY DIPLOMATIC/CONSULAR
OFFICIALS OF HIS COUNTRY IN THE PHILIPPINES
COMMON LAW MARRIAGES VALID (NATIONALITY RULE.LAW OF THE PLACE WHERE THE
RELATIONSHIP BEGAN/TO AVOID INJUSTICE
EXCEPTION: IF CONTRA BONO MORES/UNIVERSALLY CONSIDERED INCESTUOUS
STATELESS/REFUGEES
AFFIDAVIT STATING THE CIRCUMSTANCES SHOWING SUCH CAPACITY TO CONTRACT
MARRIAGE (ART. 21)
FOREIGN MARRIAGES OF FILIPINOS
CONSULAR ARRIAGES ARE VALID
ART. 26 FC. ALL MARRIAGES OUTSIDE THE PHIL. IN ACCORDANCE WITH THE LAWS IN FORCE IN
THE COUNTRY WHERE THEY WERE SOLEMNIZED AND VALID THERE AS SUCH-VALID IN THE
PHILIPPINES
EXCEPT:
NO LEGAL CAPACITY TO GET MARRIED (ART. 35 (1)
IMMORAL (BIGAMOUS.POLYGAMOUS) (ART. 35 (4)
CONSENT OF ONE PARTY IS LACKING BECAUSE OF MISTAKE AS TO IDENTITY OF THE
OTHER (ART. 35 (5)
PSYCHOLOGICAL INCAPACITY (ART 36)
INCESTUOUS MARRIAGE (ART 37)
MARRIAGE IS VOID BY REASON OF PUBLIC POLICY (ART 38)
Marriage between foreigners abroad
VALID, APPLYING LEX LOCI CELEBRATIONIS
PROXY MARRIAGES
MARRIAGES ON BOARD A VESSEL ON HIGH SEAS (COUNTRY WHOSE FLAG OF THE SHIP IS
FLYING HAS JURISDICTION)
MUSLIM MARRIAGES
EXCEPTIONS:

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UNIVERSALLY CONSIDERED INCESTUOUS


MARRIAGE BETWEEN ASCENDANTS/DESCENDANTS
HIGHLY IMMORAL
BIGAMOUS/POLYGAMOUS MARRIAGES IN CHRISTIAN COUNTRIES THAT PROHIBIT
SUCH MARRIAGE
Mixed marriages IN ABROAD
(filipino and foreigner)
SAME RULE ON MARRIAGE OF FOREIGNERS
GEN. RULE: VALID-IF VALID UNDER THE LAW OF ONE OF THE SPOUSES AND VOID UNDER THE
LAW OF THE OTHER (LEX LOCI CELEBRATIONIS) UPHOLD THE MARRIAGE
EXCEPTIONS:
HIGHLY IMMORAL
UNIVERSALLY INCESTUOUS
Mixed marriages in the philippines
PHILIPPINE LAW (NATIONALITY RULE)
OTHERWISE THE PUBLIC POLICY IS VIOLATED
APPLICABLE TO BOTH THE EXTRINSIC AND INTRINSIC VALIDITY OF THE MARRIAGE
MUST COMPLY THE FORMAL AND ESSENTIAL REQUISITES
2 ASPECTS OF MARRIAGE AS A STATUS
PERSONAL RIGHTS AND OBLIGATIONS
PERSONAL TO H AND W
ORDINARILY CANNOT BE INTERFERED BY COURT
IN THE PHIL. GOVERNED BY PHILIPPINE LAW, FOLLOWING THE NATIONALITY THEORY
(ARTICLE 15 NCC)
OTHER COUNTRIES, EITHER NATIONALITY /DOMICILIARY THEORY FOLOW NATIONAL
LAW/LAW OF THEIR DOMICILE
PROPERTY RELATIONS
AFFECT PUBLIC INTEREST
NEED TO FOLLOW RULES
PROVIDE JUDICIAL SANCTIONS FOR NON-COMPLIANCE
SPOUSES ARE OF DIFFERENT NATIONALITIES
GEN. RULE
PERSONAL RELATIONS ARE GOVERNED BY THE NATIONAL LAW OF THE HUSBAND
WIFE MARRYING A FOREIGNER LOSES HER NATIONALITY AND FOLLOWS THAT OF
THE HUSBAND
HUSBAND IS USUALLY THE HEAD OF FAMILY
IN THE PHILIPPINES (FILIPINA RETAINS PHIL. CITIZENSHIP UNLESS RENOUNCED BY HER ACT OR
OMISSION.
PERSONAL RELATIONS ARE GOVERNED BY THE NATIONAL LAW OF THE WIFE or
PHILIPPINE LAW (ART. 80 FC)
PROTECTINO OF FILIPINO WIFE FROM STRICTNESS OF PERSONAL LAW OF THE
ALIEN HUSBAND
RIGHT TO SUPPORT, CUSTODY OF MINOR CHILDREN, AS HEIR OF HUSBAND,
DIVISION OF PROPERTIES ACQUIRED DURING THE MARIAGE
Rule on acquisition of nationality
BOTH SPOUSES WHO HAVE THE SAME NATIONALITY ACQUIRED NEW NATIONALITY THROUGH
COMMON ACT
NEW NATIONAL LAW GOVERN THEIR PERSONAL RELATIONS
HUSBAND CHANGES HIS NATIONALITY AFTER MARRIAGE
LAW OF LAST COMMON NATIONALITY OF SPOUSES SHALL GOVERN (PROTECTIN OF
WIFE)
SPOUSES RETAIN DIFFERENT NATIONALITY AFTER MARRIAGE
LAW OF THE HUSBAND AT THE TIME OF MARRIAGE GOVERNS

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PRIOR KNOWLEDGE OF HUSBANDS NATIONAL LAW


NATIONAL LAW OF HUSBAND MAY EVEN BE MORE FAVORABLE
EXCEPTIONS to the rule on acquisition of nationality
IF NATIONAL LAW OF HUSBAND VIOLATES THE PUBLIC POLICY OF FORUM
NATIONAL LAW OF WIFE HAPPENS TO BE THE LAW OF THE FORUM, INTENDED AS IT IS TO
PROTECT THE WIFES RIGHTS
PERSONAL RIGHTS AND DUTIES OF H AND W
OBLIGATION TO LIVE TOGETHER, OBSERVE MUTUAL LOVE, RESPECT AND FIDELITY, AND
RENDER MUTUAL HELP AND SUPPORT (ART. 68 FC)
FIXING THE FAMILY DOMICILE TOGETHER (ART. 69 FC)
COURT SHALL DECIDE IN CASE OF DISAGREEMENT
EXEMPTION APPLIES IF TO LIVE ABROAD, OTHER VALID & COMPELLING REASONS
WHICH SHOULD NOT BE INCOMPATIBLE WITH THE SOLIDARITY OF THE FAMILY
JOINT SUPPORT OF THE FAMILY (ART. 70 FC) (ART. 70 FC)
JOINT MANAGEMENT OF HOUSEHOLD (ART. 71 FC)
APPLICATION FOR RELIEF IN COURT IN CASE ONE NEGLECTS DUTIES TO CONJUGAL
UNION/COMMITS ACTS WHICH TEND TO BRING DANGER, DISHONOR, OR INJURY TO THE
OTHER/FAMILY (ART. 72 FC)
EXERCISE OF LEGITIMATE PROFESSION, OCCUPATION, BUSINESS, OR ACTIVITY WITHOUT
CONSENT OF THE OTHER (ART 73 FC)
OBJECTION ONLY ON BALID, SERIOUS, AND MORAL GROUNDS
CONFLICT RULES ON PROPERTY RELATIONS
GEN. RULE: SAME WITH PERSONAL RELATIONS OF SPS
PERSONAL LAW OF THE HUSBAND
IN THE PHILIPPINES
PROPERTY RELATIONS ARE GOVERNED BY THE PHILIPPINE LAW, REGARDLESS OF THE
PLACE OF CELEBRATION OF MARRIAGE AND THEIR RESIDENCE
EXCEPT IF THERE IS A MARRIAGE SETTLEMENT
APPLIES EVEN IF SPOUSES ARE OF DIFFERENT NATIONALITIES
EXCEPTIONS:
(1) BOTH SPOUSES ARE ALIENS, GEN. RULE IN CONFLICT OF LAWS APPLIES
(2) EXTRINSIC VALIDITY OF CONTRACTS AFFECTING REAL PROPERTY, WHETHER
SITUATED IN THE PHIL. OR ABROAD, LEX SITUS GOVERNS THE FORMALITIES TO
BE OBSERVED FOR THE VALIDITY OF CONTRACT
EFFECT OF MARRIAGE SETTLEMENT (ART. 80FC)
APPLIES IF BOTH ARE FILIPINOS OR ONLY IS FILIPINO
PARTIES TO A MARRIAGE SETTLEMENT MAY LAWFULLY AGREE AS TO A PARTICULAR LAW
GOVERNING SUCH SETTLEMENT, UNAFFECTED BY OR REGARDLESS OF THE PLACE OF
CELEBRATION OF MARRIAGE AND THEIR RESIDENCE
HOWEVER, IN THE ABSENCE OF MARRIAGE SETTLEMENT, PHILIPPINE LAW GOVERNS.
EFFECT IN THE PROPERTY RELATIONS CHANGE OF NATIONALITIES
APPLIES THE DOCTRINE OF IMMUTABILITY OF MATRIMONIAL REGIME OF SPOUSES
REGARDLESS OF THE CHANGE OF NATIONALITY OF HUSBAND OR WIFE OR BOTH, THE
ORIGINAL PROPERTY REGIME THAT PREVAILED AT THE START OF THEIR MARRIAGE
PREVAILS
HOWEVER, THE LAW THAT CREATES AND GOVERNS SAID REGIME MAY CHANGE.
HOWEVER, MARRIAGES SOLEMNIZED BEFORE THE EFFECTIVITY OF NEW LAW ARE STILL
GOVERNED BY THE OLD LAW.
REASONS:
FOR MARITAL PEACE IN THE SPOUSES PROPERTY RELATIONS
PROTECTION OF CREDITORS
PROTECTION OF SPOUSES FROM EACH OTHER
Foreign judgment
GEN. RULE:
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PRIMA FACIE EVIDENCE OF THE JUSTNESS OF THE CLAIM THEREIN ADJUDICATED,


UNLESS OVERCOME BY
PROOF OF WANT OF JURISDICTION
WANT OF NOTICE TO THE PARTY
COLLUSION
FRAUD,
CLEAR MISTAKE OF LAW OR FACT
FOREIGN MARRIAGE HAS TO BE AUTHENTICATED
2 THINGS MUST BE PROVED T:O BE RECOGNIZED
EXISTENCE OF FOREIGN LAW ON MARRIAGE AS A QUESTION OF FACT
ALLEGED FOREIGN MARRIAGE BY CONVINCING EVIDENCE
FOREIGN MARRIAGE OR MARRIAGE CERTIFICATE SHOULD BE DULY AUTHENTICATED
CERTIFICATIN BY THE OFFICIAL OF THE FOREIGN GOVERNENT COCNERNED UNDER ITS
SEAL
CERTIFICATION IS AUTHENTICATED BY A PHILIPPINE CONSULAR REPRESENTIVE
EFFECT: IT MAKES IT A PUBLIC DOCUMENT AND A PRIMA FACIE EVIDENCE OF THE FACTS
STATED THEREIN.
HOW TO PROVE A DOCUMENT/WRITING AS PUBLIC OR OFFICIAL RECORD OF
FOREIGN COUNTRY
OFFICIAL PUBLICATION, or
COPY THEREOF ATTESTED BY THE OFFICER HAVING LEGAL CUSRTODY OF THE DOCUMENT
WHAT IF RECORD IS NOT KEPT IN THE PHIL?
RULE 132, SECTIONS 24 AND 25
COPY MUST BE ACCOMPANIED BY A CERTIFICATE ISSUED BY THE PROPER DIPLOMATIC OR
CONSULAR OFFICER IN THE PHILIPPINE FOREIGN SERVICE STATIONED IN THE FOREIGN
COUNTRY I WHICH THE RECORD IS KEPT, and
AUTHENTICATED BY THE SEAL OF HIS OFFICE
EFFECT IF FOREIGN DOCUMENT IS NOT AUTHENTICATED
MAY NOT BE ADMITTED IN EVIDENCE
EXCEPT:
THE ADVERSE PARTTY ADMITTED THE AUTHENTICITY OF THE DOCUMENT
ADVERSE PARTY DID NOT OBJECT TO ITS ADMISSINO IN EVIDENCE, OR OBJECTED NOT
ON THE GROUND THAT IT HAS NOT BEEN AUTHENTICATED AS PROVIDED UNDER
SECTIONS 24 AND 25 OF TULE 132 BUT ON SOME OTHER GROUND
EX. DIVORCE DECREE HAD NOT BEEN REGISTERED WITH THE LCR
Annulment VS. declaration of nullity
JUDICIAL DECLARATION OF NULLITY
REQUIRED BEFORE A PARTY REMARRY IF HIS MARRIAGE IS NULL AND VOID
OTHERWISE SECOND MARRIAGE IS VOID AND BIGAMOUS
CONFLICT OF RULES ON ANNULMENT/DECLARATION OF NULLITY
GROUNDS FOR ANNULMENT AND DECLARATION OF NULLITY ARE THE GROUNDS PROVIDED
FOR BY LAW ALLEGED TO HAVE BEEN VIOLATED
GEN. RULE: LEX LOCI CELEBRATIONIS APPLIES
WHY? IT IS USUALLY APPLIED TO DETERMINE WHETHER A MARRIAGE IS VALID OR
NOT/VOIDABLE OR NOT/VOID OR NOT
EX. FILIPINOS WHO GET MARRIED ABROAD, LEX LOCI WILL DETERMINE THE GROUNDS
FOR ANNULMENT
EXCEPTIONS IN DECLARATION OF NULLITY: ARTS. 35 (1), (4), (5), (6); 36, 37, AND 38
FOR FOREIGNER WHO GET MARRIED ABROAD:
EXCEPTIONS: HIGHLY IMMORAL/UNIVERSALLY INCESTUOUS
Jurisdiction on annulment/nullity
PHILIPPINE COURT
FOR FILIPINOS

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FOR DOMICILIARIES OF THE PHILIPPINES


EVEN IF THE DEFENDANT IS NON-RESIDENT BECAUSE IT INVOLVE PERSONAL
STATUS OF THE PLAINTIFF, HENCE JURISDICTION CAN BE ACQUIRED BY
PUBLICATION OF SUMMONS
IN APPLICABILITY OF DIVORCE
TO FILIPINOS WHO OBTAINED DIVORCE ABROAD, BECAUSE FILIPINOS ARE GOVERNED BY PHIL.
LAW WHEREVER THEY GO AS TO THEIR STATUS AND CAPACITY (ART 15)
TO A MARRIED FILIPINO WHO BECAME NATURALIZED IN ABROAD
CASES: PILAPIL VS. IBAY-SOMERA, 174 SCRA 653
VAN DORN VS. ROMILLO, 139 SCRA 159
REPUBLIC VS. IYOY, GR 15277, SEPT. 21, 2005
LLORENTE VS. C.A. AND LLORENTE, GR 124371, NOVE. 23, 2000
REPUBLIC VS. ORBECIDO GR 154380
RECOGNITION OF FOREIGN DIVORCE BY FOREIGNERS
RULES FOR RECOGNITION AT THE DATE OF FILING OF THE PROCEEDINGS OF DIVORCE:
PETITIONER OR RESPONDENT HAD HIS/HER HABITUAL RESIDENCE IN THE STATE WHERE
THE DIVORCE WAS OBTAINED
IF BOTH SPOUSES WERE NATIONALS OF SAID STATE
ALTHOUGH THE PETITIONER IS A NATIONAL OF ANOTHER COUNTRY, HE/SHE HAD
HIS/HER RESIDENCE IN THE PLACE WHERE THE DIVORCE WAS OBTAINED
IN THE PHILIPPINES
IF BOTH ARE ALIENS, WE RECOGNIZE IF VALID UNDER NATIONAL LAW
IN A MIXED MARRIAGE, WE RECOGNIZE IF OBTAINED BY THE ALIEN SPOUSE ABROAD
EFFECT OF DIVORCE TO GUILTY FILIPINO SPOUSE
IF CUSTODY OF MINOR CHILD IS AWARDED BY FOREIGN COURT TO ALIEN HUSBAND, MAY THIS
AWARD BE RECOGNIZED IN THE PHILIPPINES?
NO, PURSUANT TO ART. 213 FC, THE FILIPINO MOTHER WOULD STILL BE ENTITLED TO
THE CUSTODY OF MINOR CHILD EVEN IF SHE IS THE GUILTY ONE
AGAINST PUBLIC POLICY
EXCEPTION: IF FOUND UNFIT TO HAVE THE CUSTODY OF THE CHILD
NEGLECT, ABANDONMENT, DRUG ADDICTION, MALTREATMENT OF CHILD,
INSANITY, AND SICK W/COMMUNICABLE DISEASE(PEREZ VS. CA, 255 SCRA 661)
EFFECT OF DIVORCE OBTAINED BY ALIEN SPOUSE
RECOGNIZABLE IN OUR JURISDICTION (ART. 26, 2 ND PARAGRAPH)
LEGAL EFFECTS (CUSTODY, CARE AND SUPPORT OF CHILDREN MUST STILL BE DETERMINED BY
OUR COURTS)
Effect of divorce in property relations
FIX AND MAKE CERAIN THE PROPERTY RIGHTS AND INTERESTS OF THE PARTIES
EXCEPT: DISPOSITION OF REAL PROPERTY SITUATED IN THE PHIL. WHICH MUST BE IN
ACCORDANCE WITH PHILIPPINE LAWS
LEGAL SEPARATION/RELATIVE DIVORCE
MARRIAGE IS NOT DISSOLVE/NOT DEFECTIVE, HENCE CANNOT REMARRY
GROUNDS ARISE AFTER THE MARRIAGE
GROUNDS ARE THOSE GIVEN BY THE NATIONAL LAW OR THE DOMICILIARY LAW OF THE
PARTIES CONCERNED BECAUSE THE QUESTION IS ONE OF STATUS
CONFLICT OF RULES ON LEGAL SEPARATION
IF PARTIES ARE OF THE SAME NATIONALITY
GROUNDS FOR LEGAL SEPARATION ARE THOSE GIVEN BY THEIR PERSONAL LAW
(WHETHER NATIONAL LAW OR THE DOMICILARY LAW)
IF PARTIES ARE OF DIFFERENT NATIONALITIES
GROUNDS AVAILABLE UNDER THE PERSONAL LAW OF THE HUSBAND AS WELL AS
THOSE AVAILABLE UNDER THE PERSONAL LAW OF THE WIFE ARE ALL AVAILABLE
GROUNDS FOR GRANTING THE LEGAL SEPARATION

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JURISDICTION IN L.S
FOR ALIENS:
GEN. RULE: CANNOT ASSUME BY THE FORUM UNLESS THE NATIONAL LAW OF THE
PARTIES IS WILLING TO RECOGNIZE ITS JURISDICTION
IN TH PHIL.
FOREIGNERS MAY FILE EVEN IF THEY DID NOT GET MARRIED IN THE PHIL.
SO LONG AS THE COURT HAS JURISDICTION OVER BOTH PARTIES AND PROCEDURAL
REQUIREMENTS ARE COMPLIED W/
PETITIONER MUST HAVE RESIDED IN THE PHIL. FOR 6 MONTHS
NOT NECESSARY THAT CAUSE FOR LEGAL SEPARATION TAKES PLACE IN THE COUNTRY
GROUNDS FOR L.S
REPEATED PHYSICAL VIOLENCE OR GROSSLY ABUSIVE CONDUCT AGAINST THE PETITIONER,
COMMON CHILD, OR CHILD OF PETITIONER
PHYSICAL VIOLENCE OR MORAL PRESSURE TO COMPEL THE PETITIONER TO CHANGE
RELIGIOUS OR POLITICAL AFFILIATION
ATTEMPT 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
FINAL JUDGMENT SENTENCING THE RESPONDENT TO IMPRISONMENT OF MORE THAN 6 YEARS,
EVEN IF PARDONED
DRUG ADDICTINO OR HABITUAL ALCOHOLISM OF THE RESPONDENT
CONTRACTING BY THE RESPONDENT OF A SUBSEQUENT BIGAMOUS MARRIAGE, WHETHER IN
THE PHI. OR ABROAD
LESBIANISM OR HOMOSEQUALITY OF THE RESPONDENT
SEXUAL INFIDELITY OR PERVERSION
ATTEMPT BY THE RESONDENT AGAINST THE LIFE OF THE PETITIONER
ABANDONMENT OF PETTIIONER BY RESPONDENT WITHOUT JUSTIFIABLE CAUSE FOR MORE
THAN ONE YEAR
DEFENSES TO LS
CONDONATION
CONSENT
CONNIVANCE
BOTH PARTIES ARE IN PARI DELICTO
COLLUSION
PRESCRIPTION WITHIN 5 YEARS FROM THE TIME OF OCCURRENCE OF CAUSE
Quiz (1)
(1)IN 1995, DINGDONG AND ANTONIETTE, BOTH FILIPINO WERE MARRIED IN THE PHILIPPINES
BUT SEPARATED IN 1997. THEREAFTER, DINGDONG WENT TO NEW JERSEY WHERE HE
OBTAINED A DIVORCE IN THE SAME YEAR. HE THEN MARRIED ANOTHER FILIPINA, MARIAN IN
NEW JERSEY IN 1998 WHERE THEY HAD 2 CHILDREN, MARIA AND MARIO. IN 2000, AFTER
FAILING TO HEAR FROM DINGDONG, ANTONIETTE MARRIED BONG BY WHOM SHE HAD A
DAUGHTER KARYLLE. IN 2001, DINGDONG VISITED THE PHILIPPINES WHERE HE SUCCUMBED
TO HEART ATTACK.
A. DISCUSS THE EFFECT OF THE DIVORCE OBTAINED BY DINGDONG AND ANTONIETTE IN NEW
JERSEY.
EXPLAIN THE STATUS OF MARRIAGE BETWEEN DINGDONG AND MARIAN
EXPLAIN THE STATUS OF MARRIAGE BETWEEN ANTOINETTE AND BONG.
ANSWER
DIVORCE OBTAINED BY DINGDONG IN NEW JERSEY WAS NOT VALID BECAUSE HE AND HIS WIFE
WERE BOTH FILIPINO CITIZENS. DIVORCE BETWEEN A FILIPINO COUPLE IS NOT VALID UNDER
PHIL. LAW EVEN THOUGH THEY ARE LIVING ABROAD
MARRIAGE BETWEEN DINGDONG AND MARIAN IS VOID AB INITIO SINCE THE DIVORCE
OBTAINED BY DINGDONG WAS VOID BECAUSE OF HIS SUBSISTING MARRIAGE WITH
ANTOINETTE

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MARRIAGE BETWEEN ANTOINETTE AND BONG IS ALSO VOID AB INITIO BECASE SHE IS STILL
VALIDLY MARRIED TO DINGDONG.
(2)
FERDIE, A 17-YEAR OLD FILIPINO AND A PERMANENT RESIDENT IN THE US MARRIED CYNTHIA,
A 16-YEAR OLD AMERICAN IN LAS VEGAS, NEVADA. THE PARENTS OF BOTH GAVE THEIR
CONSENT TO THE MARRIAGE. THE MARRIAGE IS VALID IN NEVADA. IS IT ALSO VALID IN THE
PHILIPPINES? REASONS
ANSWER
YES, VALID (MIXED MARRIAGE)
UPHOLD THE MARRIAGE IF VOID IN THE PHIL. BUT VALID TO ALIENS COUNTRY
ALTERNATIVE ANSWER
NO, MARRIAGE IS NOT VALID. UNDER THE FC, THE LAW REQUIRES THAT THE CONTRACTING
PARTIES ARE AT LEAST 18 YEARS OF AGE
(3)
AILENE AND RYAN WERE MARRIED IN THE CATHOLIC CHURCH OF BOCAUE, BULACAN ON
JANUARY 5, 2008. IN 2010, RYAN WNT TO DUBAI TO WORK. THERE, AFTER BEING CONVERTED
INTO ISLAM, RYAN MARRIED LOVELY ON JANUARY 1, 2012 WHEN RYAN RETURNED TO THE
PHILIPPINES WITH LOVELY. AILENE FILED AN ACTION FOR LEGAL SEPARATION ON FEBRUARY 5,
2014.
DOES AILENE HAS LEGAL GROUNDS TO ASK FOR LEGAL SEPARATION?
HAS THE ACTION PRESCRIBED?
ANSWERS
YES, THE CONTRACTING OF SUBSEQUENT BIGAMOUS MARRIAGE WHETHER IN THE PHIL. OR
ABROAD IS A GROUND FOR L.S. UNDER THE FC. WHETHER THE SECOND MARRIAGE IS VALID
OR NOT, RYAN HAVING CONVERTED INTO ISLAM IS IMMATERIAL.
UNDER ART 57 FC, THE AGGRIEVED SPOUSE MUST FILE THE ACTION WITHIN 5 YEARS FROM
THE OCCURRENCE OF THE CAUSE. THE SUBSEQUENT MARRIAGE OF RYAN COULD NOT HAVE
OCCURRED EARLER THAN 2010 THE TIME HE WENT TO DUBAI. HENCE AILENE HAS UNTIL 2015
TO BRING THE ACTION UNDER THE FC
(4)
DING AND DINA ARE BOTH FILIPINO WHO MET AND GOT MARRIED IN ENGLAND WHILE BOTH
WERE WORKING THERE. PROR TO THEIR MARRIAGE, THEY ENTERED A MARRIAGE SETTLEMENT
WHICH STATES THAT IT WILL BE THE LAW IN FRANCE WHICH WILL GOVERN THEIR PROPERTY
RELATIONS. AFTER THEIR EMPLOYMENT CONTRACT ENDS, THEY DECIDED TO ANNUL THEIR
MARRIAGE. DINA FILED AN ACTION TO ANNUL HER MARRIAGE TO DING ON THE GROUND OF
THE LATTERS STERILITY, A GROUND FOR ANNULMENT OF MARRIAGE IN ENGLAND. THE
ENGLISH COURT DECREED THE MARRIAGE ANNULLED. RETURNING TO THE PHILIPPINES, DING
ASKED YOU WHETHER OR NOT HE WOULD NOW BE FREE TO MARRY HIS FORMER GIRLFRIEND.
DING ASKED YOU WHETHER OR NOT HE WOULD NOW BE FREE TO MARRY HIS FORMER
GIRLFRIEND. WHAT WOULD YOUR LEGAL ADVISE BE?
ANSWER
YES, DING IS FREE TO MARRY HIS FORMER GIRLFRIEND BECAUSE HIS MARRIAGE WAS VALIDLY
ANNULLED IN ENGLAND. THE ISSUE OF WHETHER OR NOT A MARRIAGE IS VOIDABLE INCLDG.
THE GROUNDS ARE GOVERNED BY THE LAW OF THE PLACE OF CELEBRATION OG MARRIAGE.
HENCE, EVEN IF ETERILITY IS NOT A GROUND TO ANNUL MARRIAGE UNDER THE PHIL. LAW,
THE MARRIAGE IS VOIDABLE BECAUSE STERILY IS ONE OF THE GROUNDS TO MAKE THE
MARRIAGE VOIDABLE IN ENGLAND. THEREFORE, THE ANNULMENTB OF MARRIAGE IN ENGLAND
IS VALID IN THE PHIL.
ALTERNATIVE answer
1. NO DING IS NOT FREE TO MARRY HIS FORMER GIRLFRIEND. HIS MARRIAGE TO DINA IF VALID
ACCORDING TO THE FORMS AND SOLEMNITIES OF ENGLAND (BRITISH LAW) IS VALID HERE IN
THE PHIL. HOWEVER SINCE THEY ARE BOTH FILIPINOS ALTHOUGH LIVING IN ENGLAND,
DISSOLUTION OF THEIR MARRIAGE IS GOVERNED BY PHIL. LAW (ART. 15 NCC) WHERE
STERILITY IS NOT ONE OF THE GROUNDS FOR ANNULMENT OF MARRIAGE IN THE FC.
Presentation 5

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MARRIAGE
Chapter 3. Void and Voidable Marriages
Art. 35. 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) (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) (3) Those solemnized without license, except those covered the preceding Chapter;
(4) Those bigamous or polygamous marriages not failing 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.
Art. 36. 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)
Psychological incapacity
NOT A QUESTION OF DEFECTIVE CONSENT BUT A QUESTION OF FULFILMENT OF A VALID
CONSENT.*
INABILITY TO ASSUME THE ESSENTIAL OBLIGATIONS OF MARRIAGE
MUST BE PRESENT AT THE TIME OF THE MARRIAGE ALTHOUGH IT MANIFEST ONLY AFTER THE
MARRIAGE
INTERPRETATION IS ON A CASE TO CASE BASIS, GUIDED BY EXPERIENCE, FINDINGS OF
EXPERTS AND RESEARCHERS IN PSYCHOLOGICAL DISCIPLINES, AND BY DECISIONS OF CHURCH
TRIBUNALS WHICH, ALTHOUGH NOT BINDING ON THE CIVIL COURTS, MAY BE GIVEN
PERSUASIVE EFFECT SINCE THE PROVISION WAS TAKEN FROM CANON LAW
NOT DISQUALIFIED FROM MARRYING AGAIN
MUST EXHIBIT GRAVITY, ANTECEDENCE, AND INCURABILITY
GRAVITY
Subject cannot carry out the normal and ordinary duties of marriage and family
shouldered by any average couple existing under ordinary circumstances of life and
work
ANTECEDENCE
If roots of trouble can be traced to the history of the subject before marriage although
its overt manifestations appear only after the wedding.
INCURABILITY
Treatments required exceed the ordinary means of the subject, or involve time and
expense beyond the reach of the subject
WHO CAN FILE THE ACTION TO DECLARE THE MARRIAGE VOID?
WHAT IS THE STATUS OF CHILDREN CONCEIVED OR BORN BEFORE THE DECREE OF NULITY OF
MARRIAGE?
HOW SHOULD THE PROPERTIES ACQUIRED BY THE PARTIES BE DISPOSED OF AFTER THE
MARRIAGE IS NULLIFIED?
EXISTING JURISPRUDENCE
LEOUEL SANTOS vs. CA and JULIA ROSARIO BEDIA-SANTOS (GR No. 112019, en banc, Jan. 4m
1995, J. Vitug)
ART. 36 OF THE FC WAS INTERPRETED BY THE SC. FOR THE FIRST TIME
JURISPRUDENCE UNDER CANON LAW ON THE SUBJECT PREVAILING AT THE TIME OF THE
CODES ENACTMENT CANNOT BE DISMISSED AS IMPERTINENT FOR ITS VALUE AS AN AID
TO THE INTERPRETATION OF CONSTRUCTINO OF THE CODAL PROVISION.
REFUSAL OF SEXUAL COHABITATION
CHING MING TSOI vs. CA and GINA LA-TSOI
G.R. No. 119190, Jan 16, 1997

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THE SENSELESS AND PROTRACTED REFUSAL OF ONE OF THE PARTIES OF SEXUAL


COOPERATION FOR THE PROCREATION OF CHILDREN IS EQUIVALENT TO
PSYCHOLOGICAL INCAPACITY.
IN THIS CASE, THERE WAS NO SEXUAL CONTACT BETWEEN THE PARTIES SINCE THEIR
MARRIAGE ON MAY 22, 1988 UP TO MARCH 15, 1989 OR FOR ALMOST A YEAR
NEGLECT OF DUTY
REPUBLIC vs. MOLINA (GR 108763) Feb 23, 1997, 268 SCRA 198
No psychological incapacity on the part of respondent husband but more of a difficulty if not
outright refusal or neglect in the performance of some marital duties, and that the evidence
merely shows that the parties could not get along with each other
DECISIONS OF CHURCH TRIBUNALS SHOULD BE GIVEN GREAT RESPECT BY THE COURTS
BECAUSE THE PROVISION WAS TAKEN FROM CANON LAW.
Certain guidelines were set:
Guidelines (Molina case)
ROOT CAUSE OF THE PSYCHOLOGICAL INCAPACITY MUST BE
MEDICALLY OR CLINICALLY IDENTIFIED
ALLEGED IN THE COMPLAINT
SUFFICIENTLY PROVEN BY EXPERTS
AND CLEARLY EXPLAINED IN THE DECISION
INCAPACITY MUST BE SHOWN TO BE MEDICALLY OR CLINICALLY PERMANENT OR INCURABLE,
AND RELEVANT TO THE ASSUMPTION OF MARRIAGE OBLIGATIONS
ILLNESS MUST BE GRAVE ENOUGH TO BRING ABAOUT THE DISABILITY TO ASSUME THE
ESSENTIAL OBLIGATIONS OF MARRIAGE
SUPPORT/ABANDONMENT/PHYSICAL ABUSE
MARCOS vs. MARCOS, GR 136490, OCT. 19, 2000, 343 SCRA 755
PSYCHOLOGICAL INCAPACITY MAY BE ESTABLISHED BY THE TOTALITY OF EVIDENCE/ACTS
PRESENTED
NO REQUIREMENT THAT THE RESPONDENT SHOULD BE EXAMINED BY A PHYSICIAN OR A
PSYCHOLOGIST AS A CONDITION SINE QUA NON FOR SUCH DECLARATION
NO SHOWING THAT THE HUSBANDS DEFECT WERE ALREADY PRESENT AT THE INCEPCINO OF
THE MARRIAGE OR THAT THEY WERE INCURABLE
CHOA vs. CHOA, 392 SCRA 64
Root cause of the psychological incapacity and expert opinion therein need no tbe alleged, but
the root cause must be sufficiently be proven by experts
No Moral Damages
BUENAVENTURA vs. CA, et; a., GR L-127358
NO MORAL DAMAGES CAN BE AWARDED TO THE SPOUSE EVEN IF THE OTHER SPOUSE IS
PSYCHOLOGICALY INCAPACITATED IF THERE IS NO BASIS THEREOF OTHER THAN THE MERE ACT
OF ENTERING INTO A MARRIAGE
MUST HAVE SPECIFIC EVIDENCE THAT IT WAS DONE DELIBERATELY AND WITH MALICE BY THE
HUSBAND WHO HAD KNOWLEDGE OF HIS DISABILITY BUT CONCEALED FROM HIS WIFE
PSYCHOLOGICAL INCAPACITY SHOULD REFER TO NO LESS THAN A MENTAL (NOT PHYSICAL)
INCAPACITY THAT CAUSES A PARTY TO BE TRULY INCOGNITIVE OF THE BASIC MARITAL
COVENANTS THAT CONCOMITANTLY MUST BE ASSUMED AND DISCHARGED BY THE PARTIES TO
THE MARRIAGE WHICH, AS EXPRESSED BY ART. 68 OF FC INCLUDE THEIR MUTUAL
OBLIGATIONS TO LIVE TOGETHER, OBSERVE MUTUAL LOVE, RESPECT AND FIDELITY, AND
RENDER HELP AND SUPPORT.
Art. 37. Marriages between the following are incestuous and void from the beginning, whether
relationship between the parties be legitimate or illegitimate:

(1) Between ascendants and descendants of any degree; and


(2) Between brothers and sisters, whether of the full or half blood.
Art. 38. 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;

Page 9 of 33

(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.
WHAT ARE THE RELATIONSHIPS OUTSIDE ARTS. 37 AND 38 WHICH ARE NOT IMPEDIMENTS TO
MARRIAGE?
BROTHER-IN-LAW AND SISTER-IN-LAW
STEPBROTHER AND STEPSISTER
GUARDIAN AND WARD
ADOPTED AND ILLEGITIMATE CHILD OF THE ADOPTER
ADOPTED SON OF THE HUSBAND, AND ADOPTED DAUGHTER OF THE WIFE
PARTIES WHO HAVE BEEN CONVICTED OF ADULTERY OR CONCUBINAGE
Art. 39. The action or defense for the declaration of absolute nullity of a marriage shall not
prescribe. (As amended by Executive Order 227 and Republic Act No. 8533; The phrase
"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"has been deleted by Republic Act No. 8533 [Approved February 23, 1998]).
Art. 40. 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. (n)
Art. 41. 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 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. (83a)
2 KINDS OF BIGAMOUS MARRIAGES HERE
VOID BIGAMOUS MARRIAGE
CONTRACTED BY A PERSON DURING THE SUBSISTENCE OF HIS OR HER PREVIOUS
MARRIAGE
GOOD FAITH IS IMMATERIAL, SECOND MARRIAGE IS STIL VOID
CRIMINALLY LIABLE FOR BIGAMY
VOIDABLE BIGAMOUS MARRIAGE
CONTRACTED BY PERSON WHOSE SPOUSE HAS BEEN ABSEND FOR 4 CONSECUTIVE
YEARS (ORDINARY ABSENCE) OR 2 YEARS (EXTRAORDINARY ABSENCE UNDER ART. 391
CC)
WELL-FOUNDED BELIEF THAT THE ABSENT SPOUSE WAS ALREADY DEAD
JUDICIALLY DECLARED PRESUMTIVELY DEAD IN A SUMMARY PROCEEDING*
ABSENT SPOUSE
OTHER SPOUSE HAS BEEN MISSING FOR AT LEAST 4 YEARS
UNKNOWN WHETHER OR NOT HE OR SHE IS STILL ALIVEPRESENT SPOUSE HAVING A WELLFOUNDED BELIEF THAT THE MISSING SPOUSE IS ALREADY DEAD
REDUCED TO 2 YEARS IF THE DISAPPEARANCE WAS IN DANGER OF DEATH AS PROVIDED IN
ART. 391 NCC:
MISSING PERSON WAS ON BOARD A VESSEL LOST DURING A VOYAGE, OR AN
AEROPLANE WHICH IS MISSING
MISSING PERSON WAS IN THE ARMED FORCES AND HAD TAKEN PART IN WAR; OR
MISSING PERSON WAS IN DANGER OF DEATH UNDER OTHER CIRCUMSTANCES

Page 10 of 33

COMPUTATION OF 2 YEAR PERIOD OF ABSENCE IS FROM OCCURRENCE OF THE EVENT FROM


WHICH DEATH IS PRESUMED
IN DANGER OF DEATH INCLUDES EARTHQUAKE, FIRES, EXPLOSIONS, DANGEROUS
EXPEDITIONS, LANDSLIDES, VOLCANIC ERUPTIONS, ETC.
Art. 42. 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 initio.
SUBSEQUENT MARRIAGE REFERRED TO IN ART. 41 SHALL BE AUTOMATICALLY TERMINATED BY
THE RECORDING OF AN AFFIDAVIT OF REAPPEARANCE OF THE ABSENT SPOUSE IN THE OFFICE
OF THE LCR OF THE RESIDENCE OF THE PARTIES TO THE SECOND MARRIAGE
AFFIDAVIT OF REAPPEARANCE MAY BE RECORDED BY THE RETURNING SPOUSE OR BY ANY
INTERESTED PERSON
DUE NOTICE OF THE RECORDING OF THE AFFIDAVIT OF REAPPEARANCE MUST BE SENT TO THE
SPOUSES OF THE SUBSEQUENT MARRIAGE
FACT OF REAPPEARANCE MAY HOWEVER BE REFERRED TO THE COURTS IN A PROPER ACTION
IT SUCH FACT WAS DISPUTED
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.
(n)
Art. 43. 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. (n)
Art. 44. 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. (n)
Art. 45. 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;

Page 11 of 33

(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 sexually-transmissible disease found to be serious and appears to be incurable.
GROUNDS FOR ANNULMENT
LACK OF PARENTAL CONSENT
18 BUT BELOW 21, WITHOUT PARENTAL CONSENT TO MARRY A SPECIFIC PERSON
(VOIDABLE)
MAY BE RATIFIED IF PARTIES FREELY COHABIT WITH EACH OTHER UPON REACHING 21
MERE TRANSIENT SEXUAL INTERCOURSE IS NOT SUFFICIENT
PARENTS WHO DID NOT GIVE CONSENT MAY RATIFY THE MARRIAGE BEFORE THE CHILD
REACHES THE PROPER AGE
INSANITY
CAN BE RATIFIED BY THE SANE PARTYS COHABITATINO WITH THE OTHER AFTER THE LATTERS
INSANITY HAS BEEN CURED
INTOXICATION WHICH RESULTS IN LACK OF MENTAL CAPACITY TO GIVE CONSENT IS
EQUIVALENT TO INSANITY
SAME WITH SOMNAMBULISM
INSANITY MUST EXIST AT THE TIME OF THE MARRIAGE,NOT PRIOR OR SUBSEQUENT THERETO
BURDEN OF PROOF IS ON THE PARTY WHO ALLEGES THE INSANITY OF THE OTHER
(PRESUMPTION OF LAW IS IN FAVOR OF SANITY)
FRAUD
NOT ALL KINDS OF FRAUD WILL JUSTIFY ANNULMENT, BUT ONLY THOSE ENUMERATED IN ART.
46
MARRIAGE MAY BE RATIFIED BY FREE COHABITATINO BETWEEN THE PARTIES AFTER FULL
KNOWLEDGE OF THE FRAUD
FORCE, INTIMIDATION, OR UNDUE INFLUENCE
IT AY BE EMPLOYED BY THIRD PAERSON WHO DID NOT TAKE PART IN THE CONTRACT
DEFINITIONS ARE FOUND IN ARTS 1335 TO 1337 CC
ART. 1335 VIOLENCE
WHEN IN ORDER TO WREST CONSENT, SERIOUS OR IRRESISTIBLE FORCE IS EMPLOYED
INTIMIDATION
COMPELLED BY A REASONABLE AND WELL-GROUNDED FEAR OF AN IMMINENT
AND GRAVE EVIL UPON HIS PERSONS OR PROPERTY,
OR UPON THE PERSON OR PROPERTY OF HIS SPOUSE, DESCENDANTS OR
ASECENDANTS TO GIVE HIS CONSENT
IMPOTENCY
REFERS TO LACK OF POWER TO COPULATE, NOT TO MERE STERILITY
IMPOTENCY OF ONE PARTY MUST BE PRESENT AT THE TIME OF THE MARRIAGE MUST BE
CONTINUOUS, AND MUST APPEAR INCURABLE*
ONLY THE POTENT SPOUSE CAN FILE THE ACTION FOR ANNULMENT AND HE/SHE MUST NOT
HAVE BEEN AWARE OF THE OTHERS IMPOTENCY AT THE TIME OF THE MARRIAGE**
POTENCY IS PRESUMED, AND ONE WHO ALLEGES HAS THE BURDEN OF PROVING HIS
ALLEGATION
COURT CANNOT HOWEVER ASSUME THAT SHES IMPOTENT AND ANNUL THE MARRAGE IS SHE
RESUSES TO SUBMIT TO A PHYSICAL EXAMINATINO TO DETERMINE HER POTENCY
COURT MUST ORDER FOR A PHYSICAL EXAMINATIN
IT DOES NOT INFRINGE HER CONSTITUTIONAL RIGHT AGAINST SELF-INCRIMINATION
IF THE GIRL REFUSES TO BE EXAMINED AFTER BEING ORDERED BY THE COURT TO DO SO, SHE
CAN BE HELD GUILTY OF CONTEMPT AND ORDERED CONFINED IN JAIL UNTIL SHE COMPLIES
WITH THE ORDER
HOW MAY VOIDABLE MARRIAGES BE RATIFIED OR CONVALIDATED?
BY COHABITATION
BY PRESCTIPTION
CERTAIN MARRIAGES WHICH CANNOT BE RATIFIED OR CONVALIDATED BY FREE COHABITATION:

Page 12 of 33

THOSE VITIATED BY A PRIOR SUBSISTING MARRIAGE, SINCE THE CAUSE FOR


ANNULMENT OF MARRIAGE EXISTS AS LONG AS THE ABSENT SPOUSE IS ALIVE
THOSE VITIATED BY THE IMPOTENCY OF ONE SPOUSE, SINCE THE CAUSE FOR
ANNULMENT DOES NOT CEASE TO EXIST AS LONG AS SUCH IMPOTENCY OF THE SPOUSE
REMAINS; AND
THOSE VITIATED BY THE AFFLICTION OF ONE SPOUSE OF A SEXUALLY-TRANSMISSIBLE
DIDEASE FOUND TO BE SERIOUS AND APPEARS TO BE INCURABLE, I.E. IMPOTENCY,
SINCE CAUSE FOR ANNULMENT REMAINS AS LONG AS THE SICJ SPOUSE REMAINS SO
AFFLICTED
ACTION TO ANNUL A MARRIAGE ON GROUNDS (2) AND (3) PRESCRIBES WITHIN 5 YEARS
AFTER THE MARRIAGE
Art. 46. Any of the following circumstances shall constitute fraud 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.
Art. 47. 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 Article 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.
Art. 48. 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.
Art. 49. 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. (n)
Art. 50. 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

Page 13 of 33

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.
Art. 51. 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. (n)
Art. 52. The judgment of annulment or of absolute nullity of the marriage, the partition and
distribution of the properties of the spouses and the delivery of the children's presumptive
legitimes shall be recorded in the appropriate civil registry and registries of property;
otherwise, the same shall not affect third persons. (n)
Art. 53. 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.chan robles virtual law library
Art. 54. 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.
PRESENTATION 6
LEGAL SEPARATION
(RELATIVE DIVORCE)
A MENSA ET THORO
ARTS. 54-73
OUTLINE
BRIEF HISTORY
SEPARATION IN FACT
AGREEMENTS TO SEPARATE
LEGAL SEPARATION
BRIEF HISTORY OF DIVORCE AND LEGAL SEPARATION
SPANISH REGIME - SIETA PARTIDAS*
MARCH 11, 1917 ACT 2710**
ADULTERY ON THE PART OF WIFE AND CONCUBINAGE ON THE PART OF THE HUSBAND
PREVIOUS CONVICTION WAS NECESSARY TO PROVE THE AFOREMENTIONED OFFENSES.
JAPANESE OCCUPATION- E.O. No. 141 (new law on absolute divorce)***
ACT 2710 WAS REVIVED
CIVIL CODE OF THE PHILIPPINES*
FAMILY CODE**
FOREIGN DIVORCE
OBTAINED BY FILIPINOS ABROAD IS NOT VALID/NOT ALLOWED IN THE PHIL.
BASIS: ART. 15 OF THE CC
PHILIPPINE LAW GOVERNS THE STATUS OF FILIPINOS WHEREVER THEY MAY BE AND
EVEN IF THEY ARE ABROAD.
SEPARATION IN FACT
Art. 100. The separation in fact between husband and wife shall not affect the regime of
absolute community except that:

Page 14 of 33

(1) The spouse who leaves the conjugal home or refuses to live therein, without just cause,
shall not have the right to be supported;
(2) When the consent of one spouse to any transaction of the other is required by law, judicial
authorization shall be obtained in a summary proceeding;
(3) In the absence of sufficient community property, the separate property of both spouses
shall be solidarily liable for the support of the family. The spouse present shall, upon proper
petition in a summary proceeding, be given judicial authority to administer or encumber any
specific separate property of the other spouse and use the fruits or proceeds thereof to satisfy
the latter's share.
ART. 101
Art. 101. If a spouse without just cause abandons the other or fails to comply with his or her
obligations to the family, the aggrieved spouse may petition the court for receivership, for
judicial separation of property or for authority to be the sole administrator of the absolute
community, subject to such precautionary conditions as the court may impose.
The obligations to the family mentioned in the preceding paragraph refer to marital, parental
or property relations.
A spouse is deemed to have abandoned the other when her or she has left the conjugal
dwelling without intention of returning. The spouse who has left the conjugal dwelling for a
period of three months or has failed within the same period to give any information as to his or
her whereabouts shall be prima facie presumed to have no intention of returning to the
conjugal dwelling.
ART. 239
Art. 239. When a husband and wife are separated in fact, or one has abandoned the other and
one of them seeks judicial authorization for a transaction where the consent of the other
spouse is required by law but such consent is withheld or cannot be obtained, a verified
petition may be filed in court alleging the foregoing facts.
The petition shall attach the proposed deed, if any, embodying the transaction, and, if none,
shall describe in detail the said transaction and state the reason why the required consent
thereto cannot be secured. In any case, the final deed duly executed by the parties shall be
submitted to and approved by the court.
VILLANUEVA vs. CHIONG G.R. No. 159889. 6/5/08
WHEN THE PARTIES ARE SEPARATED IN FACT AND WITHOUT THE WIFES CONSENT, AND THE
HUSBAND ALIENATES OR ENCUMBERS CONJUGAL PROPERTY PRIOR TO THE EFFECTIVITY OF
THE FAMILY CODE ON AUGUST 3, 1988, THE SAME IS NOT VOID, BUT MERELY VOIDABLE.
DISPOSITION/ENCUMBER under the FC
NEITHER PARTY MAY DISPOSE OR ENCUMBER COMMUNITY OR CONJUGAL PROPERTY WITHOUT
THE WRITTEN CONSENT OF THE OTHER SPOUSE OR BY JUDICIAL ORDER.
THE FC GIVES RECOURSE TO THE SPOUSE PRESENT WHEN THE PARTIES ARE SEPARATED IN
FACT, SUCH SEPARATION IN FACT NOT AFFECTING THE COMMUNITY OR THE CONJUGAL
REGIME.
AGREEMENTS TO SEPARATE
Contracts are VOID for being contrary to morals and public policy
SEE ART. 1 (LAW ON MARRIAGE)*
CASES:**lawyers who prepare contracts between spouses which permit separation of spouses
and dissolution of their property regimes without judicial approval may be reprimanded.
ALBANO vs. GAPUSAN, A.M. No. 1022-MJ, May 7, 1976
IN RE: ATTY. RUFILLO BUCANA (A.M. No. 1637, July 6, 1976)
ESPINOSA vs. OMANA (A.C. No. 9081, October 12, 2011)
ESPINOSA vs. OMANA (A.C. No. 9081, October 12, 2011)
Atty. Julieta Omaa violated Rule 1.01, Canon 1 of the Code of Professional Responsibility which
provides that "[a] lawyer shall not engage in unlawful, dishonest, immoral or deceitful
conduct." Omaa knew fully well that the "Kasunduan Ng Paghihiwalay" has no legal effect and
is against public policy.
SUSPENSION OF ONE YEAR from the practice of law REVOCATION OF Atty. Omaas
notarial commission if still existing, and
SUSPENSION as a notary public for TWO YEARS.

Page 15 of 33

Judicial separation of property


during the marriage
MAY BE HAD VOLUNTARILY OR INVOLUNTARILY
FC REPEALED ARTS. 220 AND 221 NCC
Art. 55. 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;
If present at he time of marriage and has deprived him/her of the capacity to
perform the essential obligations of marriage, it can amount to psychological
incapacity
If present at the time of marriage and concealed from the other, it also
constitutes fraud which is a ground for annulment
(6) Lesbianism or homosexuality of the respondent;
If present at the time of wedding, it is a ground for petition for declaration of nullity of marriage
(psychological incapacity) or for annulment it concealed from the other spouse
(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
No need for criminal conviction for the ground to be invoked.
WHAT IF THE SPOUSE ACTS IN SELF-DEFENSE, CATCHING THE OTHER IN THE ACT OF
ADULTERY/CONCUBINAGE, WILL THERE BE A GROUND FOR LEGAL SEPARATION?
WHAT IF THE ACT IS THE RESULT OF CRIMINAL NEGLIGENCE, CAN THERE BE A GROUND FOR
LEGAL SEPARATION?
ABANDONMENT
(10) Abandonment of petitioner by respondent without justifiable cause for more than one
year.
NOT A MERE SEPARATION, MUST BE WITH NO INTETION TO RETURN (ART. 101 FC)*
MUST BE WITHOUT JUSTIFIABLE CAUSE
FOR MORE THAN ONE (1) YEAR
ART. 56 DEFENSES
CONDONATION
CONSENT
CONNIVANCE
MUTUAL GUILT
COLLUSION
PRESCRIPTION
CONDONATION (1)
(1) Where the aggrieved party has condoned the offense or act complained of;
EX.
Sleeping together with unfaithful wife after full knowledge of her infidelity
Comes after, not before the commission of offense
Each sexual intercourse of wife with another one is a separate act adultery. Hence
condonation to ne act does not imply condonation of the other acts (Pp vs. Zapata and
Bondoc, L-3047)
WILL THERE BE A CONDONATION IF THE WIFE AGREED TO HAVE SEXUAL INTERCOURSE TO
SAVE THEIR MARRIAGE ALTHOUGH SHE KNOWS OF HIS SPOUSES INFIDELITY?

Page 16 of 33

IS THERE A CONDONATION IF THE HUSBAND DOES NOT ACTIVELY LOOK FOR THE WIFE WHO
LEAVES THE CONJUGAL HOME AFTER HER ADULTEROUS ACTS WERE DISCOVERED?
DE OCAMPO vs. FLORENCIO, L-13553, Feb. 23, 1960
CONSENT (2)
(2) Where the aggrieved party has consented to the commission of the offense or act
complained of;
MAY BE EXPRESS OR IMPLIED
PRIOR TO THE ACT, IF AFTER THE ACT, IT IS CONDONATION
EX. OF EXPRESS CONSENT
SPOUSES ENTERED INTO AN AGREEMENT THAT THEY ARE FREE TO LIVE WITH AND HAVE
CARNAL KNOWLEDGE WITH OTHER PERSONS WITHOUT INTERFERENCE FROM EACH SPOUSE
THIS IS NULL AND VOID, CONTRARY TO LAW
BUT CONSIDERED CONSENT WHICH BARS AN ACTION FOR LEGAL SEPARATION
PP. vs. SCHNECKENBURGER
EX. OF IMPLIED CONSENT
PP vs. SANSANP and RAMOS, 59 Phil 73
HUSBAND ABANDONED BY THE WIFE WHO LATER LIVED WITH ANOTHER MAN.
HUSBAND TOOK NO ACTION AGAINST THE WIFE BUT EVEN WENT TO HAWAII
AFTER 7 YEARS, RETURNED AND FILED ADULTERY
WIFE WAS ACQUITTED, AS THE HUSBANDS CONDUCT WARRANTED THE INFERENCE THAT HE
HAD CONSENTED TO THE PHILANDERING OF HIS WIFE
CONNIVANCE (3)
3) Where there is connivance between the parties in the commission of the offense or act
constituting the ground for legal separation;
EX.
HUSBAND WHO HIRES A DETECTIVE TO SPY ON HIS WIFE AND TELS THE LATTER
TO HAVE SECUAL INTERCOURSE WITH HER IN ORDER TO HAVE EVIDENCE
MUST BE DISTINGUISHED FROM ENTRAPMENT
When the husband tells to his wife that he is going out of town but does
not really go away but goes to their conjugal home at midnight to catch
the wife with a lover and later surprises her in an act of adultery*
MUTUAL GUILT (4)
(4) Where both parties have given ground for legal separation;
GUILT MAY BE OF THE SAME/SIMILAR GROUND*
REGARDLESS ON WHO COMMITTED FIRST, OR WHO IS MORE GUILTY
NO OFFENDED SPOUSE, EVEN IF ONE HAS BEEN PARDONED BY THE OTHER, BUT THE
OTHER HAS NOT BEEN PARDONED.
COLLUSION (5)
(5) Where there is collusion between the parties to obtain decree of legal separation; or
ART. 60 FC, LS cannot be decreed on a stipulation of facts or a confession of judgment, and the
court shall order its public prosecutor to take steps to prevent collusion and to take care the
evidence presented by either or them is not fabricated
PRESCRIPTION (6)
(6) Where the action is barred by prescription.
EVEN IF NOT ALLEGED, COURT CAN TAKE COGNIZANCE FOR PURPOSES OF
DISMISSING THE ACTION SINCE IT INVOLVES PUBLIC POLICY
Several acts of sexual intercourse
WHEN WILL PRESCRIPTIVE PERIOD BE COMPUTED?
De Ocampo vs. Florenciano, L-13553, Feb. 23, 1960
WHEN WILL PRESCRIPTIVE PERIOD COMMENCE WHEN WIFE HEARD RUMORS OF HUSBANDS
INFIDELITY BUT DID NOT DISCUSS THE MATTER WITH HER HUSBAND.
ONLY LATER THAT SHE COFRONTED HIM AND HE ADMITTED THE FACT
CONTRERAS vs. MACARAIG, 33 SCRA 222
PRESCRIPTION in filing
Art. 57. An action for legal separation shall be filed within five years from the time of the
occurrence of the cause. (102)

Page 17 of 33

Cooling-off period
Art. 58. An action for legal separation shall in no case be tried before six months shall have
elapsed since the filing of the petition.
Art. 59. 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. (n)
Art. 60. 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.
PUBLIC PROSECUTOR
MUST ALWAYS APPEAR IN THE TRIAL IN REPRESENTATION OF THE STATE.
MAY OPPOSE THE COMPLAINT OR PETITION
CROSS-EXAMINE WITNESSES
EFFECT OF FILING
Art. 61. 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.
Art. 62. 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.
Art. 49. 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. (n)
EFFECT OF DEATH OF PETITIONER DURING THE PENDENCY OF ACTION
DEATH OF ONE PARTY CAUSES THE DEATH OF THE ACTINO ITSELF AND THE ACTION MUST BE
DISMISSED.*
LAPUZ SY vs. EUFEMIO, 43 SCRA 177
Effects of legal separation
Art. 63. 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)
OBLIGATION OF MUTUAL INFIDELITY REMAINS
WIFE CAN ESTABLISH A DOMICILE SEPARATE FROM HER HUSBAND
OFFENDING SPOUSE SHALL HAVE NO RIGHT TO ANY SHARE OF THE NET PROFITS WHICH SHALL
BE FORFEITED IN ACCORDANCE WITH ART. 43 (2) IN FAVOR OF THE COMMON CHILDREN OF
THE SPOUSES IF ANY, OR THE CHILDREN OF THE GUILTY SPOUSE BY PREVIOUS MARRIAGE, IF
ANY, OR THE INNOCENT SPOUSE.
UNLIKE IN THE CC, IN THE FC, THE FORFEITURE OF THE SHARE OF THE GUILTY SPOUSE IS
WITHOUT EXCEPTIONS.
CUSTODY OF MINOR CHILDREN SHALL BE AWARDED TO THE INNOCENT SPOUSE
OFFENDING SPOUSE IS DISQUALIFIED FROM INHERITING FROM INNOCENT SPOUSE BY INTESTATE
SUCCESSION,
THE PROVISIONS IN HIS FAVOR IN THE WILL OF THE LATTER ARE REVOKED BY OPERATION OF
LAW.

Page 18 of 33

(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.
DISQUALIFICATION FROM INHERITANCE
BOTH TESTATE AND INTESTATE SUCCESSION
NOT ENTITLED TO LEGITIME
EVEN IF THE OFFENDED SPOUSE FORGETS OR FAILS TO REVOKE A WILL IN FAVOR OF THE
OFFENDING SPOUSE, THE WILL BECOMES IPSO JURE REVOKED
HOW WILL YOU CONSIDER THE WILL WHICH WAS EXECUTED ANEW BY THE OFFENDED SPOUSE
IN FAVOR OF THE OFFENDING SPOUSE AFTER THE DECREE OF LEGAL SEPARATION?
WILL THE CONVICTION OF THE WIFE OF ADULTERY DISQUALIFIES HER TO INHERIT FROM THE
OFFENDED HUSBAND?
NO, IF THERE IS NO DECREE OF LEGAL SEPARATION BETWEEN THEM

SUPPORT
RIGHT TO RECEIVE of spouses and children during the pendency of the proceedings
From the property of the absolute community or conjugal partnership
No right to receive mutual support between spouses after the decree of L.S.
COURT MAY HOWEVER ORDER THE GUILTY SPOUSE TO SUPPORT THE INNOCENT ONE,
SPECIFYING THE TERMS OF SUCH ORDER, IF THE LATTER NEEDS SUCH SUPPORT, CONSIDERING
THAT THEY ARE STILL MARRIED.
CAN THE WIFE DROP THE NAME OF HER HUSBAND AFTER THE DECREE OF LEGAL SEPARATION?
Revocation of donation
Art. 64. 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.
Revocation of donation
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.
Revocation of donation
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.
Donations propter nuptias between spouses
REVOCATION OF DONATION MADE BY HIM OR HER IN FAVOR OF THE OFFENDING SPOUSE CAN
BE DONE WITHIN 5 YEARS AFTER FINALITY OF THE DECREE OF L.S.,
RECORDING OF REVOCATION SHALL BE IN THE RD OF THE PLACE WHETE THE DONATED
PROEPRTY ARE LOCATED
NOT AUTOMATICALLY REVOKED AFTER THE DECEE OF L.S.
STILL NEED TO FILE AN ACTION TO REVOKE WITHIN THE PRESCRIPTIVE PERIOD BY THE
INNOCENT SPOUSE
ALIENATION, LIENS AND ENCUMBRANCES REGISTERED IN GOOD FAITH BEFORE THE
RECORDING OF THE COMPLAINT FOR REVOCATION IN THE RD SHALL BE RESPECTED
INSURANCE POLICY
WHERE GUILTY SPOUSE IS THE BENEFICIARY CAN ALSO BE REVOKED
RIGHT TO REVOKE EXISTS EVEN IF THE DESIGNATION OF THE GUILTY SPOUSE AS BENEFICIARY
IN THE INSURANCE POLICY IF STIPULATED BE IRREVOCABLE
REVOCATION SHALL TAKE EFFECT ONLY UPON WRITTEN NOTIFICATION THEREOF TO THE
INSURED.
MAY BE DONE AS LONG AS THE POLICY IF EFFECTIVE

Page 19 of 33

Art. 65. 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.

Effect of reconciliation
Art. 66. 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.

Art. 67. 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. (195a, 108a)
Effect of reconciliation
ON THEIR PERSONAL RELATIONS
ON THE PROCEEDINGS FOR AND DECREE OF LEGAL SEPARATION
ON THE PROPERTY RELATIONS OF THE SPOUSES
(1) ON PERSONAL RELATIONS
RECONCILIATION MEANS RESUMPTION OF COHABITATION AND MARITAL RELATIONS
A BILATERAL ACT REQUIRING THE COMMON CONSENT OF THE SPOUSES, EXPRESS OR IMPLIED
(2) ON THE PROCEEDINGS FOR AND DECREE OF LS
IF THE PROCEEDINGS ARE STILL PENDING, THEY WILL BE TERMINATED IN WHATEVER STAGE
IF THERE IS ALREADY A DECREE OF LS, IT WILL BE SET ASIDE BY A COURT ORDER, AND THE
COURT SHALL ISSUE A DECREE OF RECONCILIATION.
IT IS UPON THE ISSUANCE OF THE DECREE OF RECONCILIATION THAT THE DECREE OF LS
BECOMES INEFFECTIVE.*
THE DECREE OF RECONCILIATION SHALL BE RECORD3D IN THE PROPER CIVIL REGISTRIES AND
IN THE NSO
(3) ON THE PROPERTY RELATIONS OF THE SPOUSES
SEPARATION OF PROPERTY BETWEEN SPOUSES AND ANY FORFEITURE OF THE SHARE OF THE
GUILTY SPOUSE SHALL CONTINUE TO SUBSIST AFTER THE RECONCILIATION, UNLESS THE
SPOUSES AGREE TO REVIVE THEIR FORMER PROPERTY REGIME
CAN THE SPOUSES AGREE TO REVIVE THEIR FORMER PROPERTY REGIME OR ADOPT A NEW
REGIME?
AGREEMENT
PROPERTY THAT THEY ARE CONTRIBUTING ANEW TO THE RESTORED REGIME
PROPERTY RETAINED BY EACH SPOUSE AS SEPARATE PROPERTY
NAMES AND ADDRESS OF ALL KNOWN CREDITORS OF EACH SPOUSE, THE AMOUNTS OWING
TO EACH AND THE LIENS HELD BY EACH, IF ANY.
SPOUSES SHOULD THEN SUBMIT TO THE COURT THIS AGREEMENT, TOGETHER WITH A MOTION
ASKING FOR ITS APPROVAL.
THE MOTION SHALL BE SUBMITTED IN THE SAME PROCEEDING FOR L.S.

Page 20 of 33

COPIES OF THIS AGREEMENT AND MOTION SHALL BE FURNISHED THE CREDITORS NAMED IN
THE AGREEMENT
ORDER
AFTER DUE HEARING, THE COURT SHALL ISSUE AN ORDER APPROVING THE AGREEMENT, BUT
IT SHALL TAKE MEASURES TO PROTECT THE INTERESTS OF THE CREDITORS NAMED THEREIN
RECORDING OF COURT ORDER
(1) PROPER REGISTRIES OF PROPERTY IN ALL THE PLACES WHERE THE SPOUSES HAVE
PROPERTY
(2) LCR ON THE ORDER SETTING ASIDE THE DECREE OF LS IN THE

LCR WHERE THE DECREE OF LS IS


RECORDED AND
LCR WHERE THE PARTIES RESIDE*
CREDITORS
SHALL NOT PREJUDCIE THE CREDITOR NOT LISTED OR NOT NOTIFIED OF THE PROCEEDING,
UNLESS THE DEBTOR-SPOUSE HAS SUFFICIENT SEPARATE PROPERTY TOSATISFY THE CLAIMS
OF SUCH CREDITOR
REVIVAL OF THE OLD PROPERTY REGIME BETWEEN THE PARTIES IS WITHOUT PREJUDICE TO
VESTED RIGHTS ALREADY ACQUIRED BY CREDITORS PRIOR TO SUCH REVIVAL
IN EFFECT, A LEGAL LIEN IS CREATED IN FAVOR OF UNSECURED CREDITORS
(1) CONTRACTUAL LIENHOLDERS RETAIN THEIR LIENS
(2)CREDITORS WITHOUT LIENS ARE GIVEN A LEGAL LIEN
(3) IN CASE OF INSUFFICIENCY OF PROPERTY OF DEBTOR-SPOUSE WITH WHICH TO PAY
HIS OR HER CREDITORS, THE FUTURE SHARE OF SAID SPOUSE IN THE COMMUNITY OR
CONJUGAL PROPERTY WILL ANSWER FOR HIS PERSONAL OBLIGATIONS.
IS THERE A PUBLICATION REQUIRED?
NO, BECAUSE IT IS TOO EXPENSIVE AND USUALLY MADE IN NEWSPAPERS THAT NOBODY READS
HOWEVER, THE SPECIAL RULE ON LS. REQUIRES THE PARTIES TO PUBLISH THEIR VERIFIED
MOTION FOR REVIVAL OF THEIR FORMER PROPERTY REGIME OR THE ADOPTINO OF A NEW ONE
FOR 2 CONSECUTIVE WEEKS IN A NEWSPAPER OF GEN. CIRCULATION.
WHEN TO FILE CLAIM FOR CREDITORS NOT NOTIFIED OF THE PROCEEDINGS?
ORDINARY PERIODS OF PRESCRIPTION
IS A SUIT FOR LS A PREJUDICIAL QUESTION TO A PROSECUTION OF THE RESPONDENT-SPOUSE
FOR BIGAMY?
NO
A PETITION FOR LS CAN BE TRIED SIMULTANEOUSLY WITH A CRIMINAL ACTION FOR BIGAMY
FILED AGAINST THE GUILTY SPOUSE BECAUSE SAID PETITION IS NOT INTENDED TO OBTAIN THE
RIGHT TO LIVE SEPARATELY FROM THE OTHER SPOUSE AND ITS CONSEQUENCES (GANDIONCO
vs. PENARANDA, 155 SCRA 725)
WHAT IS THE EFFECT OF THE DEATH OF EITHER PARTY TO THE ACTION FOR L.S.?
ACTION IS ABATED BY THE DEATH OF EITHER PARTY
BEST EVIDENCE TO PROVE THE LS
REGISTERED DECREE OF LS
IT SHALL BE ISSUED AFTER THE REGISTRATINO OF THE ENTRY OF ITS DECISION AS WELLA S
APPROVED PARTITION AN DISTRIBUTINO OF PROPERTY OF THE SPOUSES IN PROPER
REGISTRIES

Page 21 of 33

HUMAN RELATIONS
ARTS. 19-36
GUIDING PRINCIPLES IN HUMAN RELATIONS
ART. 19 Every person must act with justice, give everyone his due, and observe honesty and
good faith
ART. 20 willful or negligent ILLEGAL ACTS give rise to indemnification
ART. 21- willful IMMORAL acts also give rise to indemnification
ART. 22-UNJUST ENRICHMENT must be restrained
ART. 24-UNFAIR COMPETITION - same
ART. 25-VIOLATION OF PERSONALITY AND DIGNITY OF OTHERS-same
ART. 26-UNDUE EXTRAVAGANCE-same
ARTS. 31, 32, 33 AND 34 Independent civil cases are allowed/
Art. 19. Every person must, in the exercise of his rights and in the performance of
his duties, act with justice, give everyone his due, and observe honesty and good
faith.
Principle of abuse of rights
BASIS: SUUM JUS SUMMA INJURIA (THE ABUSE OF RIGHT IS THE REATEST POSSIBLE WRONG)
ELEMENTS IN ORDER TO BE ACTIONABLE:
There is a legal right or duty
Which is exercised in bad faith
For the sole intent of prejudicing or injuring another
(ALBENSON ENTERPRISES CORP. vs. CA, 217 SCRA 17)
Case 1 : Abuse of right
ALBETZ INVESTMENTS, INC. vs. CA, L-32570
IN EXECUTION OF WRIT FOR DEMOLITION
NOTICE TO VACATE SHOULD BE ISSUED
WITHIN REASONABLE TIME
OTHERWISE, LIABLE FOR DAMAGES
IF CARRIED OUR IN A MANNER INCONSISTENT WITH JUSTICE AND GOOD FAITH
Case 2: DECISIONS IN ORATORICAL CONTEST etc.
FELIPE vs. LEUTERIO, ET. AL., L-4606
GEN. RULE: JUDICIARY HAS NO POWER TO REVERSE AN AWARD OF THE BOARD OF JUDGES IN
AN ORATORICAL, LITERARY, OR BEAUTY CONTEST, EVEN IF THE DECISION BE WRONG
EXCEPTION: RULES OF THE CONTEST HAVE NOT BEEN FOLLOWED.
Case 3: DECISION OF RELIGIOUS COURTS
FONACIER vs. CA, L-5917 (96 PHIL. 417)

COURTS CANNOT INQUIRE INTO QUESTIONS OF FAITH AND MORALS AS RESOLVED BY


RELIGIOUS TRIBUNALS, BUT MAY PASS UPON PROPERTY RIGHTS AND JURISDICTIONAL MATTERS
Facts: Case was filed by Iglesia Filipina Independiente (IFI), represented by its supreme bishop
Gerardo Bayaca, against Bishop Fonacier seeking to render an accounting of his administration
of all the temporal properties and to recover the same on the ground that he ceased to be the
supreme bishop of IFI. Isabelo De los Reyes Jr. had been elected as the Supreme
Bishop. Petitioner claims that he was not properly removed as Supreme Bishop and his legal
successor was Juan Jamias. He claims that the there was an accounting of his administration
and was turned over to bishop Jamias. Also, that Isabelo De los Reyes and Bayaca have
abandoned their faith and formally joined the Prostestant Episcopal Church of America. CFI
rendered judgment declaring Isabelo De Los Reyes, Jr. as the sole and legitimate Supreme
Bishop of IFI and ordered Fonacier to render an accounting of his admistration.
Issue: Whether or not the petitioner should still be regarded as the legitimate supreme bishop
of IFI.
Held: Supreme Court affirmed CAs decision. The legitimate Supreme Bishop of IFI is Isabelo
De los Reyes, Jr. The Supreme Court affirms the validity of the election of Bishop Delos Reyes
as the Supreme Bishop based on their internal laws

Page 22 of 33

To finally dispose of the property issue, the Court, citing Watson v. Jones,368 declared that the
rule in property controversies within religious congregations strictly independent of any other
superior ecclesiastical association
Case 4:
A LEASE CONTRACT WAS ENTERED WHERE THE LESSEE CONSTRUCTED A HOUSE ON THE
LEASED LAND. LESSOR SOLD THE LAND TO ANOTHER WHO FILED A PETITION FOR
CONDEMNATION OF THE HOUSE.
DEMOLITION OF THE LESSEES HOUSE WAS ORDERED TO BE DEMOLISHED BY THE OFFICE OF
THE BUILDING OFFICIAL, BUT WAS STOPPED. ORDER OF CONDEMNATION WAS UPHELD BY THE
DPWH WHERE THE HOUSE WAS CONSIDERED TO BE DANGEROUS
SC DECISION
THERES AN ABUSE OF RIGHT (ART. 19)
ALTHOUGH THERES AN A CONDEMNATINO ORDER WHICH WAS EVENTUALLY AFFIRMED BY THE
DPWH, THE ORDER IS NOT YET FINAL AND EXECUTORY
THE HOUSE THEREFORE SHOULD NOT BE DEMOLISHED
ACT OF OBTAINING AN ORDER OF DEMOLITION IS NOT CONDEMNABLE, BUT IMPLEMENTING IT
CAN BE CONTESTED
RIGHT OF OWNER HAS LIMITATION, MUST GIVE DUE REGARD TO ART. 19
LIABILITY OF COMPANY
COMPANY IS LIABLE THRU THE ACT OF ITS EMPLOYEES IF THIS WAS MAD EIN THE PURSUIT OF
ITS BUSINESS
NEGLIGENCE OF EMPLOYEES, THE COMPANY IS LIABLE
DEFENSE IS DILIGENCE OF GOOD FATHER OF FAMILY
BREACH OF PROMISE TO MARRY
CANNOT SUE BY REASON OF SUCH
CANNOT SUE FOR MROAL DAMAGES
UNLESS THERE BE CRIMINAL OR MORAL SEDUCTION
CONSENTING ADULT
IF CARNAL KNOWLEDGE WAS DUE TO MUTUAL LUST, NO RECOVERY FOR DAMAGES
REMEDIES:
FILE FOR ACTUAL DAMAGES (EXPENSES FOR WEDDING PREPARATIONS)
FILE FOR RECOGNITION OF CHILD PLUS SUPPORT, IF THERE BE ONE
Art. 20. Every person who, contrary to law, willfully or negligently causes damage to
another, shall indemnify the latter for the same.
DAMAGE VS. INJURY VS. DAMAGES
INJURY IS THE INVASION OR A LEGAL RIGHT
DAMAGE IS THE LOSS, HURT OR HARM WHICH RESULTS FROM THAT INJURY
DAMAGES ARE THE COMPENSATION AWARDED FOR THE DAMAGE SUFFERED
THERE COULD BE DAMAGE WITHOUT INJURY
DAMNUM ABSQUE INJURIA
THE LAW AFFORDS NO REMEDY FOR DAMAGES RESULTING FROM AN ACT WHICH DOES
NOT AMOUNT TO ALEGAL INJURY OR WRONG
Art. 21. Any person who willfully causes loss or injury to another in a manner that is
contrary to morals, good customs or public policy shall compensate the latter for
the damage.
ELEMENTS
THERE IS AN ACT WHICH IS LEGAL
BUT WHICH IS CONTRARY TO MORALS, GOD CUSTOM, PUBLIC ORDER, OR PUBLIC POLICY, AND
DONE WITH INTENT TO INJURE
IMMORAL DISMISSAL OF EMPLOYEE
LIRAG TEXTILE MILLS vs. CA AND ALCANTARA, L-30736
WILLFUL DISMISSAL WITHOUT JUST CAUSE, BOTH MORALLY AND LEGALLY LIABLE UNDER ART.
21

Page 23 of 33

Art. 22. Every person who through an act of performance by another, or any other
means, acquires or comes into possession of something at the expense of the latter
without just or legal ground, shall return the same to him.
ACCION IN REM VERSO
JUDICIAL ACTION INSTITUTED BY AN OWNER TO RECOVER SOMETHING UNJUSTLY OR ILLEGALLY
POSSESSED BY ANOTHER, SUCH POSSESSION BEING ONE OF UNJUST ENRICHMENT AT
ANOTHERS EXPENSE
PRINCIPLE OF EQUITY UNDER ART. 22
Art. 23. Even when an act or event causing damage to another's property was not
due to the fault or negligence of the defendant, the latter shall be liable for
indemnity if through the act or event he was benefited.
Art. 24. In all contractual, property or other relations, when one of the parties is at
a disadvantage on account of his moral dependence, ignorance, indigence, mental
weakness, tender age or other handicap, the courts must be vigilant for his
protection.
Art. 25. Thoughtless extravagance in expenses for pleasure or display during a
period of acute public want or emergency may be stopped by order of the courts at
the instance of any government or private charitable institution.
MAY A MAYOR SUMMARILY STOP A DISPLAY OF EXTRAVAGANCE BY A SOCIAL ORGANIZATION?
NO
THERE MUST BE AN ORDER OF COURTS PROCURED AT THE INSTANCE OF ANY GOVERNMENT
OR PRIVATE CHARITABLE INSTITUTIONS
Art. 26. Every person shall respect the dignity, personality, privacy and peace of
mind of his neighbors and other persons. The following and similar acts, though
they may not constitute a criminal offense, shall produce a cause of action for
damages, prevention and other relief:
(1) Prying into the privacy of another's residence: (2) Meddling with or disturbing
the private life or family relations of another; *(3) Intriguing to cause another to be
alienated from his friends; (4) Vexing or humiliating another on account of his
religious beliefs, lowly station in life, place of birth, physical defect, or other
personal condition.
ARE THE DOCUMENTS SECURED FROM YOUR SPOUSES WITHOUT HIS CONSENT ADMISSIBLE
AS EVIDENCE?
Art. 27. Any person suffering material or moral loss because a public servant or
employee refuses or neglects, without just cause, to perform his official duty may
file an action for damages and other relief against he latter, without prejudice to
any disciplinary administrative action that may be taken.
requisites
REFUSAL OR NEGLECT TO PERFORM HIS OFFICIAL DUTY, NONFEASANCE, NOT MISFEASANCE
OR MALFEASANCE
REFUSAL OR NEGLECT MUST BE WITHOT JUST CAUSE
DUTY MUST BE MINISTERIAL, NOT DISCRETIONARY
PLAINTIFF MUST HAVE SUFFERED SOME MATERIAL OR MORAL LOSS AS A RESULT
CASE 1
TORIBIO vs. FONTANILLA, L-30183, OCT. 23, 1978
TOWN FIESTA ORGANIZED BY THE MUNICIPAL COUNCIL
STAGE COLLAPSES (DEFECTIVELY CONSTRUCTED/OVERLOADED), PINS A PERSON TO DEATH
CASE 2
LEDESMA VS. CA, GR 54598, APRIL 15, 1988
PUBLIC SERVANT/EMPLOYEE WHO REFUSES OR NEGLECTS WITHOUT JUST CAUSE OF
PERFORMING OFFICIAL DUTY:
CIVILLY LIABLE FOR DAMAGES
ADMINSITRATIVELY LIABLE
ANY PERSON SUFFERING MATERIAL OR MORAL LOSS

Page 24 of 33

Art. 28. Unfair competition in agricultural, commercial or industrial enterprises or in


labor through the use of force, intimidation, deceit, machination or any other
unjust, oppressive or highhanded method shall give rise to a right of action by the
person who thereby suffers damage.
Art. 29. When the accused in a criminal prosecution is acquitted on the ground that
his guilt has not been proved beyond reasonable doubt, a civil action for damages
for the same act or omission may be instituted. Such action requires only a
preponderance of evidence. Upon motion of the defendant, the court may require
the plaintiff to file a bond to answer for damages in case the complaint should be
found to be malicious.
If in a criminal case the judgment of acquittal is based upon reasonable doubt, the
court shall so declare. In the absence of any declaration to that effect, it may be
inferred from the text of the decision whether or not the acquittal is due to that
ground.
INDEPENDENT CIVIL ACTION
ALLOWED FOR CONSIDERATION OF PUBLIC POLICY
PREPONDERANCE OF EVIDENCE
RECOVER OF DAMAGES IN THE OTHER EXCLUDE THE OTHER (CANNOT RECOVER TWICE FOR
THE SAME ACT CHARGED)
IF ACQUITTED FROM CRIMINAL CHARGE MAY STILL BE CIVILLY LIABLE
JUDGEMENT OF ACQUITTAL EXTINGUISHES THE CIVIL LIABILITY ONLY WHEN IT INCLUDES A
DECLARATION THAT THE FACTS FROM WHICH THE CIVIL LIABILITY MIGHT ARISE DID NOT EXIST
IS AN INDEPENDENT CIVIL ACTION FOR DAMAGES UNDER ART. 29 DEEMED BARRED BY
COMPLAINANTS FAILURE TO MAKE A RESERVATION IN THE CRIMINAL COMPLAINT TO FILE A
SEPARATE CIVIL ACTION AND ACTIVE PARTICIPATION IN THE PROSECUTION OF CRIMINAL
ACTION?
YES
JUDGMENT OF ACQUITTAL BARS A SUBSEQUENT ACTION (Roa vs. dela Cruz 107 Phil. 8)
ART. 29 DOES NOT APPLY IF THE DEFENDANT IS ABSOLVED FROM ANY ACT OF NEGLIGENCE,
RESULTING IN DEFENDANTS ACQUITTAL, IT CARRIES WITH IT THE EXTINCTION OF HIS CIVIL
LIABILITIES.
IN EFFECT, PREVENTS FURTHER RECOVERY OF ANY DAMAGES
i.e. DEFENDANT IS COMPLETELY EXONERATED
DOES DEATH OF ACCUSED PENDING APPEAL OF HIS CONVICTION EXTINGUISH HIS CIVIL
LIABILITY?
It depends
CIVIL LIABILITY WILL NOT EXTINGUISH IN CASES OF DEFAMATION, FRAUD OR PHYSICAL
INJURIES
CLAIM FOR CIVIL LIABILITY SURVIVES, DESPITE DEATH OF ACCUSED
CIVIL LIABILITY WILL BE EXTINGUSHED IF THE CIVIL LIABILITY ARISES DIRECTLY FROM AND
BASED SOLELY ON THE OFFENSE COMMITTED OR ON THE ACT COMPLAINED OF (i.e. RAPE)
Instances when law grants an independent civil action
ART. 31
ART. 32
ART. 33
ART. 34
ART. 2177
Art. 30. When a separate civil action is brought to demand civil liability arising from
a criminal offense, and no criminal proceedings are instituted during the pendency
of the civil case, a preponderance of evidence shall likewise be sufficient to prove
the act complained of.
Art. 31. When the civil action is based on an obligation not arising from the act or
omission complained of as a felony, such civil action may proceed independently of
the criminal proceedings and regardless of the result of the latter.

Page 25 of 33

Is there a necessity of reserving these actions in case a criminal proceeding has already been
instituted?
YES
IN CASES PROVIDED UNDER ARTS. 32, 33, 34 AND 2176
SHALL PROCEED INDEPENTDENTLY OF THE CRIMINAL ACTION
REQUIRES PREPONDERANCE OF EVIDENCE
REQUIREMENT IS MERELY PROCEDURAL, NOT SUBSTANTIVE IN CHARACTER
EX. 1-PHYSICAL INJURIES
IF CRIMINAL ACTION IS BROUGHT FIRST, THERE MUST STILL BE A RESERVATION OF THE
INTENDED CIVIL ACTION
IF THE CIVIL ACTION IS BROUGHT FIRST, THERE IS NO NEED TO MAKE A RESERVATION FOR A
SUBSEQUENT CRIMINAL ACTION
CIVIL AND CRIMINAL ACTIONS WILL PROCEED INDEPENDENTLY
Effect if Civil action is reserved
IF IN THE RELATED CRIMINAL CASE, THE OFFENDED PARTY EXPRESSLY RESERVED THE RIGHT
TO FILE A SEPARATE ACTION FOR CIVIL ACTION
IF ACCUSED WAS FOUND GUILTY, THERE SHOULD BE NO IMPOSITION OF CIVIL LIABILITY
BECAUSE OF THE RESERVATION MADE
PREJUDICIAL QUESTION
ONE WHICH MUST BE DECIDED FIRST BEFORE CRIMINAL ACTION MAY BE INSTITUTED OR MAY
PROCEED BECAUSE A DECISION THEREIN IS VITAL TO THE JUDGMENT IN THE CRIMINAL CASE
The Civil Action Must Precede the Filing of the
Criminal Action for a Prejudicial Question to Exist

On December 1, 2000, the 2000 Rules on Criminal Procedure, however, became effective and
the above provision was amended by Sec. 7 of Rule 111, which applies here and now provides:
SEC. 7. Elements of prejudicial question.The elements of a prejudicial question are: (a) the
previously instituted civil action involves an issue similar or intimately related to the issue
raised in the subsequent criminal action, and (b) the resolution of such issue determines
whether or not the criminal action may proceed. (Emphasis supplied.)
ELEMENTS
THE CIVIL CASE INVOLVES FACTS INTIMATELY RELATED TO THOSE UPON WHICH THE CRIMINAL
PROSECUTION WOULD BE BASED
IN THE RESOLUTION OF ISSUE RAISED IN THE CIVIL ACTION, IT MUST BE DETERMINATIVE OF
THE GUILT OR INNOCENSE OF THE ACCUSED IN THE CRIMINAL CASE
JURISDICTION TO TRY SAID QUESTION MUST BE LODGED IN ANOTHER TRUBUNAL
The Resolution of the Civil Case Is Not Determinative of the Prosecution of the
Criminal Action
In any event, even if the civil case here was instituted prior to the criminal action, there is, still,
no prejudicial question to speak of that would justify the suspension of the proceedings in the
criminal case IF ANY OF THE ELEMENTS IN PREJUDICIAL QUESTION IS ABSENT

CONCUBINAGE vs. DECLARATION OF NULLITY OF MARRIAGE


Art. 32. Any public officer or employee, or any private individual, who directly or
indirectly obstructs, defeats, violates or in any manner impedes or impairs any of
the following rights and liberties of another person shall be liable to the latter for
damages:
(1) Freedom of religion; (2) Freedom of speech; (3) Freedom to write for the press
or to maintain a periodical publication; (4) Freedom from arbitrary or illegal
detention; (5) Freedom of suffrage;
(6) The right against deprivation of property without due process of law; (7) The
right to a just compensation when private property is taken for public use; (8) The
right to the equal protection of the laws; (9) The right to be secure in one's person,

Page 26 of 33

house, papers, and effects against unreasonable searches and seizures; (10) The
liberty of abode and of changing the same;
(11) The privacy of communication and correspondence; (12) The right to become a
member of associations or societies for purposes not contrary to law; (13) The right
to take part in a peaceable assembly to petition the government for redress of
grievances; (14) The right to be free from involuntary servitude in any form; (15)
The right of the accused against excessive bail;
(16) The right of the accused to be heard by himself and counsel, to be informed of
the nature and cause of the accusation against him, to have a speedy and public
trial, to meet the witnesses face to face, and to have compulsory process to secure
the attendance of witness in his behalf;
(17) Freedom from being compelled to be a witness against one's self, or from
being forced to confess guilt, or from being induced by a promise of immunity or
reward to make such confession, except when the person confessing becomes a
State witness;
(18) Freedom from excessive fines, or cruel and unusual punishment, unless the
same is imposed or inflicted in accordance with a statute which has not been
judicially declared unconstitutional; and
(19) Freedom of access to the courts.
In any of the cases referred to in this article, whether or not the defendant's act or
omission constitutes a criminal offense, the aggrieved party has a right to
commence an entirely separate and distinct civil action for damages, and for other
relief. Such civil action shall proceed independently of any criminal prosecution (if
the latter be instituted), and mat be proved by a preponderance of evidence.
The indemnity shall include moral damages. Exemplary damages may also be
adjudicated.
The responsibility herein set forth is not demandable from a judge unless his act or
omission constitutes a violation of the Penal Code or other penal statute.
Art. 33. In cases of defamation, fraud, and physical injuries a civil action for
damages, entirely separate and distinct from the criminal action, may be brought by
the injured party. Such civil action shall proceed independently of the criminal
prosecution, and shall require only a preponderance of evidence.
Art. 34. When a member of a city or municipal police force refuses or fails to render
aid or protection to any person in case of danger to life or property, such peace
officer shall be primarily liable for damages, and the city or municipality shall be
subsidiarily responsible therefor. The civil action herein recognized shall be
independent of any criminal proceedings, and a preponderance of evidence shall
suffice to support such action.
ART. 2177
QUASI-DELICT OR CULPA AQUILIANA (NEGLIGENCE)
Art. 35. When a person, claiming to be injured by a criminal offense, charges
another with the same, for which no independent civil action is granted in this Code
or any special law, but the justice of the peace finds no reasonable grounds to
believe that a crime has been committed, or the prosecuting attorney refuses or
fails to institute criminal proceedings, the complaint may bring a civil action for
damages against the alleged offender. Such civil action may be supported by a
preponderance of evidence. Upon the defendant's motion, the court may require
the plaintiff to file a bond to indemnify the defendant in case the complaint should
be found to be malicious.
If during the pendency of the civil action, an information should be presented by the
prosecuting attorney, the civil action shall be suspended until the termination of the
criminal proceedings.
Art. 36. Pre-judicial questions which must be decided before any criminal
prosecution may be instituted or may proceed, shall be governed by rules of court

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which the Supreme Court shall promulgate and which shall not be in conflict with
the provisions of this Code.
TITLE III - MARRIAGE
CHAPTER 1
REQUISITES OF MARRIAGE
Article 1. 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. (52a)
Art. 2. 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. (53a)
Art. 3. 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 as husband and wife in the presence of not less than two witnesses of legal age. (53a, 55a)
Art. 4. The absence of any of the essential or formal requisites shall render the marriage void ab initio,
except as stated in Article 35 (2).
A defect in any of the essential 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. (n)
2 Kinds of Elements
A.Legalcapacity
(includedinlegalcapacityisthedifferenceinsex)
b. Consent
2. Formal
AuthorityofthesolemnizingOfficer
Validmarriagelicense
Marriage ceremony
EFFECTS IN MARRIAGE
ABSENCE OF ANY OF THE ESSENTIAL/FORMAL REQUISITES- VOID
EXCEPT ART. 35 (2) where marriage was contracted with either or both parties believing in GF that the
solemnizing officer had the legal authority to do so.
DEFECT IN ANY OF THE ESSENTIAL-VOIDABLE
(Art. 45)
IRREGULARITY IN THE FORMAL REQUISITES-VALID
But the party liable shall be held liable C, C and A
3 terms
1. Absence
General Rule: The absence of either an essential or formal requisite makes the marriage void.
Exceptions:
a. Article 35, paragraph 2 (party believes in good faith that the solemnizing officer has authority)
Art. 35. The following marriages shall be void from the beginning:
(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;
b. Marriages exempted from marriage license (Articles 27, 28, 31, 32, 33, 34)
Art. 27. 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.
Art. 28. 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. (72a)

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Art. 31. 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. (74a)
Art. 32. 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. (74a)
Art. 33. 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. (78a)
Art. 34. 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. (76a)
2. Defect
Defect occurs in essential requisites alone.
Fairly well-defined since there are many specific articles.
Effect: Marriage is voidable
3. Irregularity
Irregularity refers to formal requisites alone
No enumeration as to irregularity unlike defect
Effects
a. Valid marriage
b. Party responsible for irregularity may be held liable
(1) Legal capacity of the contracting parties who must be a male and a female;
Difference in sex is explicitly required for the first time. It was necessary to make this explicit since
some jurisdictions allow same sex marriages.
Art. 5. 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. (54a)
Art. 6. 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. (55a)
Art. 7. 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 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. (56a)
Article. 8. 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 vice-consul, 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. (57a)

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Art. 9. 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 where no license is required in
accordance with Chapter 2 of this Title.
Art. 10. 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. (75a)
Art. 11. Where a marriage license is required, each of the contracting parties shall file separately a
sworn application for such license with the proper local civil 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; and
(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. (59a)
Art. 12. 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 duly attested by the persons having custody of the originals. These
certificates or certified copies of the documents 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 of 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. (60a)
Art. 13. 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 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. (61a)
Art. 14. 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.
WHAT IS THE EFFECT IF PARENTAL ADVISE WAS NOT SOUGHT/REFUSED , BUT A MARRIAGE LICENSE
WAS SECURED NOTWITHSTANDING THE SAME BEFORE THE LAPSE OF 3 MONTHS FOLLOWING THE
COMPLETION OF PUBLICATION OF APPLCIATION FOR MARRIAGE LICENSE
EFFECT OF LACK OF CERTIFICATE OF MARRIAGE COUNSELLING

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-SAME AS LACK OF PARENTAL ADVICE


ISSUANCE OF MARRIAGE LICENSE IS SUSPENDED FOR 3 MONTHS
EFFECT IF MARRIAGE LICENSE WAS ISSUED BUT CERTIFICATE OF LEGAL CAPACITY TO CONTRACT
MARRIAGE WAS ISSUED AFTER THE MARRIAGE
CONTRARY TO ART. 21 FC
IS IT VOID?
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. (61a)
Art. 15. 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. (62a)
Art. 16. 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 counselor duly accredited by the proper government agency to the effect that the
contracting parties have undergone marriage counseling. Failure to attach said certificates of marriage
counseling 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 counseling referred to in the preceding paragraph. (n)
Art. 17. 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. (63a)
Art. 18. 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.
(64a)
Art. 19. 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. (65a)
chan robles virtual law library
Art. 20. 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 canceled 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. (65a)
Art. 21. 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.

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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. (66a)
Art. 22. 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. (67a)
Art. 23. 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. (68a)
Art. 24. 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. (n)
Art. 25. 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. (n)
Art. 26. All marriages solemnized outside the Philippines, in accordance with the laws in force in the
country where they were solemnized, and valid there as such, shall also be valid in this country,
except those prohibited under Articles 35 (1), (4), (5) and (6), 3637 and 38. (17a)
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)
Chapter 2. Marriages Exempted from License Requirement
Art. 27. 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. (72a)
LLORENTE vs. CA and LLORENTE (GR 124371)
NOV. 23, 2000
LLORENTE THEN FILIPINO JOINED THE US NAVY, THEN MARRIED PAULA IN THE PHIL.
THEN HE BECAME A NATURALIZED A US CITIZEN
ON HIS RETURN, HE FOUND PAULA PREGNANT AND LIVING WITH HIS OWN BROTHER
WHEN HE WENT BACK TO THE US, HE DIVORCED PAULA, THEN MARRIED ALICIA
WHEN HE DIED, PAULA CLAIMED TO BE HIS WIDOWN AND HEIR
SC RULING
LLORENTE WAS NO LONGER A FILIPINO WHEN HE DIVORCED PAULA WHOM HE MARRIED PAULA IN THE
PHIL.
NATIONALITY RULE DID NOT APPLY TO HIM ANYMORE
REPUBLIC vs. ORBECIDO (GR 154380)
OCT. 5, 2005
ORBECIDO AND HIS WIFE, BOTH FILIPINOS WERE MARRIED IN OZAMIS CITY
WIFE LEFT FOR US AND THEIR ONLY SON, AND LATER WAS NATURALIZED AS AMERICAN CITIZAN
THEN SHE MARRIEGD AGAIN IN CALIFORNIA

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ORBECIDO THEN FILED A PETITION TO REMARRY, BUT OSG APPEALED


SC RULING
TAKING THE LEGISLATIVE INTENT, IT SHOULD BE INTERPRETED TO ALLOW A FILIPINO CITIZEN WHO
HAS BEEN DIVORCED BY A SPOUSE WHO HAD ACQUIRED FOREIGN CITIZENSHIP AND REMARRIED
ALSO TO REMARRY
REPUBLIC vs. IYOY
(GR 152577)
SEPT. 21, 2005
FILIPINO WIFE OBTAINED DIVORCE FROM FILIPINO HUSBAND IN THE US, THEN ACQUIRED US
CITIZENSHIP, THEN REMARRIED AN AMERICAN IN THE US
SC RULING
CANNOT BE APPLIED TO DIVORCE OBTAINED BY A FILIPINO WIFE FROM HER FILIPINO HUSBAND WHILE
SHE WAS STILL A FILIPINO AND THUS GOVERNED BY PHIL. LAWS, WHICH DONOT RECOGNIZE DIVORCE
Art. 28. 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. (72a)
Art. 29. 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. (72a)
Art. 30. 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. (75a)
Art. 31. 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. (74a)
REQUIREMENTS BEFORE SHIP CAPTAIN AND AIRPLANE PILOT OF A UNIT MAY SOLEMNIZE A MARRIAGE
MARRIAGE MUST BE IN ARTICULO MORTIS; AND
IT MUST BE SOLEMNIZED WHILE THE SHIP IS AT SEA OR THE PLANCE IS IN FLIGHT OR DURING
STOPOVERS AT PORTS OF CALL (ART. 31)
REQUIREMENTS BEFORE MILITARY COMMANDER OF A UNIT MAY SOLEMNIZE A MARRIAGE
ARTICULO MORTIS MARRIAGE
SOLEMNIZED ONLY IN THE ABSENCE OF A CHAPLAIN
MILITARY COMMANDER MUST BE A COMMISSIONED OFFICER, AND
MUST BE SOLEMNIZED WITHIN THE ZONE OF MILITARY OPERATIONS
Marriage in articulo mortis
Recovered from sickness and died after few years
No affidavit of solemnizing officer that it was celebrated in articulo mortis
IS THE MARRIAGE VOID?
Art. 32. 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. (74a)
Art. 33. 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. (78a)
Art. 34. 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. (76a)
Void vs. Voidable

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