Aleezah Gertrude Regado

PERSONS AND FAMILY RELATIONS NOTES

BOOK 1 circumstances are governed in this Code,

PERSONS other codes, the Rules of Court, and in
TITLE I --- CIVIL PERSONALITY special laws. Capacity to act is not limited on
account of religious belief or political opinion.
CHAPTER 1:
GENERAL PROVISIONS A married woman, twenty-one years of age or
over, is qualified for all acts of civil life,
Art. 37. Juridical capacity, which is the except in cases specified by law.
fitness to be the subject of legal relations, is
inherent in every natural person and is lost
only through death. Capacity to act, which is Restrictions on Capacity to Act:
the power to do acts with legal effect, is 1. Minority
acquired and may be lost 2. Insanity or Imbecility
3. State of being deaf mute
4. Prodigality
ART 37 JURIDICAL CAPACITY AND 5. Civil Interdiction
CAPACITY TO ACT
Modifications/Limitations on Capacity to
JURIDICAL CAPACITY TO ACT Act
CAPACITY
1. Family relations
Acquired upon Not inherent in a 2. Insanity
birth and is person ; 3. Imbecility
terminated only Attained or conferred 4. Trusteeship
upon death Can likewise be lost 5. Insolveny
not only by death but 6. Penalty
by any valid cause 7. Prodigality
provided by law 8. Age
Passive Active 9. Alienage
Inherent Merely Acquired
Can exist without Exists with juridical Art 38
capacity to act capacity Restricts ones capacity to act
Art 39
Art. 38. Minority, insanity or imbecility, the Enumerates situations which merely
state of being a deaf-mute, prodigality and modify the capacity to act
civil interdiction are mere restrictions on
capacity to act, and do not exempt the OBJECTIVE OF ARTICLES 38 AND 39
incapacitated person from certain Make an overview of the situation that
obligations, as when the latter arise from his qualifies a persons power to undertake
acts or from property relations, such as acts which can produce legal effects
easements. Intended to give people not adept with
technicalities of law, situations which may
Art. 39. The following circumstances, among effectively, juridically and legally affect
others, modify or limit capacity to act: age, such relationships.
insanity, imbecility, the state of being a deaf- Consequences of these restrictions and
mute, penalty, prodigality, family relations, modifications in persons capacity to act
alienage, absence, insolvency and are provided by:
trusteeship. The consequences of these 1. Civil Code

[1]
 Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
2. Other Codes
3. Special Laws
4. Rules of Court
CHAPTER 2:
NATURAL PERSONS
Art. 40. Birth determines personality; but the
conceived child shall be considered born for
all purposes that are favorable to it, provided
it be born later with the conditions specified
in the following article.
Art. 41. For civil purposes, the fetus is
considered born if it is alive at the time it is
completely delivered from the mother's
womb. However, if the fetus had an intra-
uterine life of less than seven months, it is
not deemed born if it dies within twenty-four
hours after its complete delivery from the
maternal womb.
** COMMENCEMENT OF CIVIL
PERSONALITY**
Civil personality of the child shall commence
from the time of his conception for all
purposes favorable to him, subject to the
requirements of Art 41 of Civ. Code (Art 5, P.D
No. 603/ Child and Youth Welfare Code)
QUIMIGUING v. ICAO
FACTS:
Carmen Quimiguing sued Felix Icao,
defendant although married succeeded in
having carnal intercourse without her consent
and as a result she became pregnant.
Carmen claimed support of P120.00 per
month, damages and attorneys fees.
Icao moved to dismiss for lack of cause of
action since the complaint did not allege that
child had been born; and after hearing
arguments, trial judge sustained defendants
motion and dismissed complaint.
[2]
RULING
Conceived child, although not yet unborn,
is given by law a provisional personality of
its own for all purposes favorable to it, as
explicitly provided in Art 40 of Civ Code.
Even if child is only en ventre de sa
mere just as a conceive child, even if as
yet unborn may receive donations and
its being ignored by parent in his
testament may result in preterition of a
forced heir that annuls the institution of
testamentary heir even if such child
should be born after death of testator.
Art 40 prescribing conceived chid shall
be considered born for all purposes that
are favorable to it adds further provided
it be born later with the conditions
specified I following article.
Provisio however is not a condition
precedent to right of conceived child; for if
it were, first part of Art 40 would be
useless af.
BEGINNING OF PERSONALITY
GR: Birth determines Personality
EX:
Civil personality of child shall commence
from time of its conception, for all purposes
favorable to him subject to reqs of Art 41
Law considers conceived child as born for all
purposes favorable to him (if born alive) Therefore
child has a presumptive personality which has the
following characteristics:
1. Limited
2. Provisional or Conditional
EX:
Concept of provisional personality CANNOT
be invoked to obtain damages for and in
behalf of an aborted child.
Well, parents can in their own legal right
against doctor who caused abortion.
(Provided they must show that they have
not consented or acquiesced to abortion)
WHEN CHILD IS CONSIDERED TO BE BORN?
 Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
Born if alive at time it is completely
delivered from mothers womb.
EX: If fetus had an intra-uterine life of less
than 7 months, it is not deemed born if it
dies w/in 24 hours after complete delivery
BIRTH CERTIFICATE
Best evidence of fact of birth
Public document once registered in Office of
Local Civil Registrar
However:
Only prima facie evidence of facts
contained therein and can be rebutted by
competent evidence
(Sec 4 of Civil Registry Law Act No. 3753)
SUFFICIENT FOR REGISTRATION OF BIRTH
IN CIVIL REGISTER
Declaration of:
1.) Physician /Midwife in attendance at birth
2.) In default, declaration of either parent
WHEN
Not later than 30 days AFTER birth
(duh, alangan namang before?!)
CERTIFIES THE FOLLOWING FACTS
1.) Date & Hour of Birth
2.) Sex & Nationality of infant
3.) Names, Citizenship & Religion of parents
Or in case father is not nown, of mother
alone
4.) Civil Status of parents
5.) Place of birth
6.) Such other data as may be required in
regulations to be issued
WHAT IF EXPOSED CHILD? #NATAGPUAN
Person who found, report to local civil registrar
the
1. Place
2. Date
3. Hour of finding
4. Other attendant circumtances
ILLIGITIMATE CHILD
Birth cert, sign and sworn jointly by parents or
only by mother (if no balls si poppa)
If father refuses, it shall not be permissible to
state or reveal in documents the name of
father who refuses to acknowledge the child or
give therein any info by which such father
could be identified (Baka kasi mamaya
malandi ka, di naman talaga siya ang
fatherbells niyan)
[3]
CONFIDENTIALITY OF BIRTH RECORDS
Cannot be revealed except in cases
provided by law.
They are required to be confidential and
therefore not known to the public
Nevertheless they still maintain there nature
as public documents because following
proper legal procedure, they can be
obtained by those interested therein.
(Child and Youth Welfare Code, Art 7)
EXCEPT UPON REQUEST OF ANY OF THE
FOLLOWING
1.) Person himself/person authorized by
him
2.) His spouse, parent/s, direct
descendants or guardian or institution in
charge of him (if minor)
3.) Court or proper public official whenever
absolutely necessary in administrative,
judicial or other official proceedings to
determine identity of childs parents or
other circumstances surrounding his
birth
4.) In case of persons death, the nearest
of kin
Art. 42. Civil personality is extinguished by
death.
The effect of death upon the rights and
obligations of the deceased is determined
by law, by contract and by will.
DEATH
Puts end to Civil Personality
Death extinguished civil personality and
therefore, all further juridical capacity to
acquire or transmit rights and obligations of
any kind (Butte v. Manuel Uy & Sons Inc)
DEATH CERTIFICATE
Office of Local Civil Registrar of Municipality
or City must also have in its custody the
death certificates of persons who died in its
locality.
(Sec 6 of Civil Registry Law)
 Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
No human body shall be buried unless the
proper death certificate has been presented
and recorded in the office of local civil
registry
DEATH CERT SHALL CONTAIN
1.) Date & Place of Death
2.) Full name
3.) Age
4.) Occupation/Profession
5.) Residence
6.) Status as regards marriage
7.) Nationality of Deceased
8.) Probable Cause of Death
DURING EPIDEMIC
Bodies may be buried provided the proper
death certs have been secured, which
shall be registered not later than 5 days
AFTER burial
CONTRACT, WILL AND THE LAW
Rights & Obligations of dead person
can still be regulated by contract, will
or law.
Creditors given right to claim for
estate of deceased, any obligation
due them before estate can finally be
partitioned in favor of heirs.
EXAMPLE:
Matias father of Kiki and Koko died.
Matias owes P20,000.00 from Nuknuk.
Therefore before Kiki and Koko enjoys
with the P50,000.00 left by there Sugar
Poppa, Nuknuk could first claim the
P20,000.00 due to him.
Testator through express provision in a
will may disinherit any of his/her heirs
under any valid grounds provided by law.
Any person who shows disrespect to
dead or wrongfully interferes with funeral
shall bee liable to the family of the
deceased for damages, material or
moral.
Art. 43. If there is a doubt, as between two or
more persons who are called to succeed
each other, as to which of them died first,
whoever alleges the death of one prior to the
other, shall prove the same; in the absence
of proof, it is presumed that they died at the
[4]
same time and there shall be no transmission
of rights from one to the other.
PROOF OF DEATH
Art 43 specifically applies only to persons
called upon to succeed each other.
Proof of death must be established by
positive evidence
However it can likewise be established by
circumstantial evidence derived from facts.
In conclusion, the presumption that Angela
Joaquin de Navarro died before her son is
based purely on surmises, speculations or
conjectures without any sure foundation in
the evidence. Opposite theory, that mother
outlived her son is deduced from
established facts which weighed by
common experience, engender the
inference as a very strong probability.
(Joaquin v. Navarro)
PRESUMPTION OF SURVIVORSHIP
If there is doubt as to whom, between or
among two or more persons called upon
to succeed each other died first, the
following rules apply
1. Whoever alleges death of one prior to
the other shall prove the same
2. In absence of proof, it shall be
presumed that they died at the same
time, therefor no transmission of
rights from one another
(Bes, ma-tetegi na nga lang, dami pa
hanash ng law sa whos this and
whos that)
CHAPTER 3
JURIDICAL PERSONS
 Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
Art. 44. The following are juridical persons:
(1) The State and its political subdivisions;
(2) Other corporations, institutions and
entities for public interest or purpose,
created by law; their personality begins as
soon as they have been constituted
according to law;
(3) Corporations, partnerships and
associations for private interest or purpose to
which the law grants a juridical personality,
separate and distinct from that of each
shareholder, partner or member. (35a)
Art. 45. Juridical persons mentioned in Nos.
1 and 2 of the preceding article are governed
by the laws creating or recognizing them.
Private corporations are regulated by laws of
general application on the subject.
Partnerships and associations for private
interest or purpose are governed by the
provisions of this Code concerning
partnerships. (36 and 37a)
Art. 46. Juridical persons may acquire and
possess property of all kinds, as well as incur
obligations and bring civil or criminal actions,
in conformity with the laws and regulations of
their organization.
JURIDICAL PERSON
Being of legal existence susceptible of
rights and obligations or of being the subject
of juridical relations.
WHO ARE JURIDICAL PERSONS?
1. State and its Political Subdivisions
2. Corporations for public interest ( Quasi-
Public Corporations)
3. Corporations, Partnerships and
Associations for Private Interest
STATE
[5]
Yup, Juridical person
Is a sovereign person with people
composing it viewed as an organized
corporate society under a government with
the legal competence to exact obedience of
its commands.
As a juridical person, state can enter into
treaties and contracts
State cannot be sued w/o its consent.
Suability depends on consent of state,
Liability on applicable law and established
facts.
POLITICAL SUBDIVISIONS
Municipal corporations and in the
Philippines consists of provinces, cities and
municipalities.
May exercise either poitical or governmental
functons or private, proprietary or corporate
right.
Officers and agents in performance of such
functions act in behalf of the municipalities
in their corporate or individual capacity and
not for state of sovereign power.
CORPORATION
Governed by B.P Blg 68 otherwise known
as Corporation Code of the Philippines/
May 1, 1980
Is an artificial being created by law having
rights of succession and the powers,
attributes and properties expressly
authorized by law or incident to its
existence.
PARTNERSHIP
By contract of partnership, two or more
persons bind themselves to contribute
money, property, or industry to a common
fund with the intention of dividing the profits
among themselves. Two or more persons
may also form partnership for exercise of
profession.
DISTICT PERSONALITY AND
EXCEPTIONS
 Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES

Corps, Partnerships & Associations for (5) Those who are naturalized in accordance
private interest and purpose may be granted with law.
by law a juridical personality separate and
distinct from that of each shareholder, Art. 49. Naturalization and the loss and
partner or member. reacquisition of citizenship of the Philippines
Hence obligation of Tagay Corp is not an are governed by special laws.
obligation of its Tagay Board members.
(There is such thing as doctrine of corporate Art. 50. For the exercise of civil rights and
veil) the fulfillment of civil obligations, the
domicile of natural persons is the place of
Art. 47. Upon the dissolution of corporations, their habitual residence.
institutions and other entities for public
interest or purpose mentioned in No. 2 of Art. 51. When the law creating or recognizing
Article 44, their property and other assets them, or any other provision does not fix the
shall be disposed of in pursuance of law or domicile of juridical persons, the same shall
the charter creating them. If nothing has be understood to be the place where their
been specified on this point, the property and legal representation is established or where
other assets shall be applied to similar they exercise their principal functions.
purposes for the benefit of the region,
province, city or municipality which during DOMICILE RESIDENCE
the existence of the institution derived the Fixed permanent Place of abode,
principal benefits from the same. residence; which when whether permanent or
absent one has temporary
intention of returning
Title II. - CITIZENSHIP AND Residence coupled No length of residence
DOMICILE with intention to without intention of
remaining will remaining will
Art. 48. The following are citizens of the constitute a domicile constitute domicile.
ONLY ONE MAY BE AS MANY AS
Philippines:
YOUR MONEY
(1) Those who were citizens of the COULD AFFORD.
Philippines at the time of the adoption of the Domicile is like true love, you may wander over across the
Constitution of the Philippines; surface of the Earth, but heart desires the intent of
returning to what it considers to be home
Residence, is the mistress you may seek from time to
(2) Those born in the Philippines of foreign time..But without the intent to stay, it shall forever just be
parents who, before the adoption of said province for comfort
Constitution, had been elected to public ***MINOR = DOMICILE OF PARENTS
office in the Philippines; CAN A DOMICILE BE LOST AND
CHANGED?
(3) Those whose fathers are citizens of the ---YEAHHHHHH
Philippines; BY:
1. Actual removal/ actual change of domicile
(4) Those whose mothers are citizens of the 2. Bona fide intention of abandoning the
Philippines and, upon reaching the age of former place of residence establishing a
majority, elect Philippine citizenship; new one
3. Acts which correspond with the purpose

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 Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
CITIZENSHIP
Status of being citizen or of owing
allegiance to the state for the privilege
of being under its protection.
Art 4, 1987 Consti governs rule on
citizenship
Sec 1: The following are citizens of the 4.
Philippines
1.) Citizens at time of adoption of consti
2.) Fathers and Mothers are citizens of Phil.
3.) Born before Jan 17,1973, of Filipino
mothers who elect Phil. Citizenship.
Those who elect Phil. Citizenship in
accordance with paragraph 3 Sec 1 shall
be deemed natural born citizens 5.
Sec 3: Philippine citizenship may be lost or
reacquired in the manner provided by law
Sec 4: Citizens of the Philippines who marry 6.
aliens shall retain their citizenship, unless
their act or omission they are deemed under
the law to have renounced it.
Sec 5: Dual allegiance of citizens is inimical
to the national interest and shall be dealt
with by law
JUS SANGUINIS
Citizenship by blood
JUS SOLI
Citizenship on basis of place of birth
Sec 3:
ACQUISITION OF CITIZENSHIP
Governed by Commonwealth Act No 473 as
amended.
For a foreigner to be the able to become a
Philippine Citizen, a proper petition shall be
filed in the proper court which after due
hearing shall issue the certificate of
naturalization.
Sec 2: Qualifications
1. Not less than 21 years of age on day of
hearing of petition
2. Resided in PH for continuous period of
not less than 10 years
3. Good moral character and believes in
principle underlying in PH consti and must
[7]
have conducted himself in a proper and
irreproachable manner during the entire
period of his residence in PH in his
relation with the constituted government
as well as with community in which he is
living.
Own a real estate in PH worth not less
than P5,000.00 or must have some known
lucrative trade, profession or lawful
occupation.
However under present Consti,
no alien or foreigner may own land
except through hereditary
succession
Speak and write English or Spanish and
any one of the Principal Philippine
language
Must have enrolled his minor children of
school age
Any public school or private
school recognized by the Office of
Private Education of Philippines
Where Phil. History, government
and civics taught or prescribed as
partu of the school, curriculum,
during the entire period of the
residence in PH required of him
prior to the hearing of his
naturalization as PH citizen.
Special Qualification
Years of continuous residence required
under second condition of last proceeding
section shall be understood as reduced to
5 years for any petitioner having any of
the following qualifications
1. Honorably held office under the
government of PH or under that of
any of the provinces, cities,
municipalities or political subdivision
therof
2. Established new industry or
introduced a useful invention in PH
3. Married a Filipino woman
4. Engaged as teacher in PH in public or
recognized private school not
 Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
established for exclusive instruction of
children of persons of particular
nationality or race, in any of the
branches of education or industry for
a period of not less han 2 years.
5. Born in PH
Sec 4: Who are disqualified
1. Opposed to organize government or
affiliated with any association or group of
persons who uphold and teach doctrines
opposing all organized governments
2. Defending or teaching the necessity or
propriety of violence, personal assault, or
assassination for the success and
predominance of their ideas
3. Polygamists or believers in practice of
polygamy
4. Convicted of crimes involving moral
turpitude
5. Mental alienation or incurable contiguous
diseases
6. Persons who during period of their
residence in PH have not mingled socially
with the Filipinos or who have not evinced
a sincere desire to learn and embrace all
customs, traditions and ideals of Filipinos
7. Citizens or subjects of nations with whom
PH are at war during the period of war
8. Citizens or Subjects of foreign country
other than US whose laws do not grant
Filipinos the right to become naturalized
citizens or subject therof
LOSS OF CITIZENSHIP
Grounds for loss of Citizenship
1.) Naturalization in foreign country
2.) Express renunciation of citizenship
3.) Subscribing to an oath of allegiance to
support consti or laws of foreign country
upon attaining 21 years of age or more.
PROVIDED:
Filipino may not divest himself of PH
citizenship in any manner while Republic of
PH is at war with any country
[8]
4.) By rendering service to, accepting
commission in armed forces of foreign
country
PROVIDED:
Rendering service to acceptance of such
commission in the armed forces of foreign
country and taking of an oath of allegiance
incident thereto with consent of Rep of PH
shall not divest a Fil of his PH citizenship if
either off the following circumstances is
present
a. Defensive and/or offensive pact of
allegiance with said foreign country
b. Foreign country maintains armed forces
of PH territory with consent of Rep of
PH
PROVIDED:
He does so only in connection w/ his service
to said foreign country
PROVIDED FINALLY:
Any Filipino citizen who is rendering service
to, or is commissioned in, the armed forces
of foreign contry under any of the
circumstances mentioned shall not be
permitted to participate nor vote in any
election during period of his service to
commission
Upon discharge, he shall automatically be
entitled to full enjoyment of his civil and
political rghts as Fil Citizens
5.) Cancelllation of cert of naturalization
6.) Having been declared by competent
authority a deserter of PH armed forces
in time of war unless subsequently, a
plenary pardon or amnesty has been
granted
7.) In case of a woman, upon her marriage to
foreigner if by virtue of laws in force of her
husbands country she acquires his
nationality.
REAAQUISITION OF CITIZENSHIP
1. By naturalization
 Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES

2. Reparation of deserters of Army, Navy or

Air Corps
3. Direct act of Congress of PH

FAMILY CODE (ART 1-6) REFER TO

HANDWRITTEN NOTES : PERSONS
NOTEBOOK

Art. 7. Marriage may be solemnized by:

[9]
 Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES

(1) Any incumbent member of the HOW DO YOU REMEMBER THE CONCEPT OF
judiciary within the court's PARTIES IN A MARRIAGE
jurisdiction; Officiates celeb of
STATE marriage through
(2) Any priest, rabbi, imam, or minister of person solemnizing
any church or religious sect duly the same
authorized by his church or religious
MAN WIFE
sect and registered with the civil
registrar general, acting within the - Such person MUST have
limits of the written authority granted authority from the
by his church or religious sect and government at time of celebration ofr
provided that at least one of the marriage.
contracting parties belongs to the - Article 7 defines the limits and scope of
solemnizing officer's church or authority granted to the solemnizers.
religious sect;
- IF THEY FAIL TO COMPLY W/ ANY
(3) Any ship captain or airplane chief REQUISITES MANDATED BY LAW, such
only in the case mentioned in Article marriage is generally void in absence of a
31; formal requisite (Authority of solemnizing
officer) [except if parties believed in good
(4) Any military commander of a unit to faith that such person is authorize to do
which a chaplain is assigned, in the
so]
absence of the latter, during a military
operation, likewise only in the cases THE WHO?
mentioned in Article 32; 1. JUDGES - Can solemnize marriage
ONLY w/in their courts
(5) Any consul-general, consul or vice- jurisdiction
consul in the case provided in Article - If solemnized beyond his
10. jurisdiction, there is
absence of formal
requisite. Hence marriage
AUTHORIZED SOLEMNIZERS OF is void.
MARRIAGE - When judge solemnizes
- Marriage have always been considered as marriage outside his
involving questions of public policy and courts jurisdiction, there
is resultant irregularity in
interest of other than those of contracting formal requisite laid down
parties and should therefore be construed in Art 3, which may
in accordance with such policy. subject the officiating
(Cunningham v. Cunningham) official to administrative
- Need to limit persons who solemnize liability [that statement is
marriage.State being an interested party, erroneous] Law clearly
provides that judge has
its consent is essential to every marriage.
authority only if he/she
(Eaton v Eaton) solemnizes w/in his/her
- States consent is manifested/ granted jurisdiction. Non-
vicariously by the people granted by state observance of this rule is
the privileged authority to solemnize not mere irregularity
marriage. The institution of marriage is so because it generally
directly conserned with public welfare that makes marriage null and
void. (Navarro v. Domagtoy)
state is third party thereto.
- But since principal issue

[10]
 Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES

in Domagtoy case AND CONCUR

involves liability of judge AIRPLANE 1. Marriage in
and not validity of CHIEF Articulo Mortis
marriage, said statement 2. Between
is mere obiter dictum. passengers or
- Supreme Court justice crew members
could solemnize 3. Generally
marriages anywhere in the ship/plane must
Philippines (Jurisdiction is be at sea or plane
of National Scope) must be in flight
2. PRIEST, - A priest means one Assistant Pilot
RABBI, especially consecrated to - Even if he assumes
IMAM OR service of a divinity and command .
MINISTE considered as the medium - No law allowing such
R through whom worship, assumption of
OF ANY
prayer, sacrifice or other authority for
CHURCH
OR service o be offered to one purposes of
RELIGIO being worshipped and solemnizing
US pardon, blessing, and marriage
SECTOR deliverance, obtained by Marriages can be
worshiper as priest of solemnized during stop
Baal, or of Jehovah or a overs at ports of call.
Buddhist priest. (Adong v. [means that voyage is
Cheong Seng Gee) not yet terminated.]
- FOUR REQUISTES 4. MILI - FOLLOWING
THAT MUST CONCUR TARY REQUISITES MUST
TO VALIDLY COMMANDER CONCUR
SOLEMNIZE A 1. Must be a military
MARRIAGE commander of unit
1. Duly authorized by 2. Commissioned
religious sector Officer
2. Act w/in limits of 3. Chaplain must be
written authority assigned to such
granted by church unit
or religious sect 4. Chaplain must be
3. Register w/ civil absent at time of
registrar general marriage
4. At least one of 5. Marriage must be
contracting parties one of articulo
whose marriage mortis
he/she is to 6. Contracting parties
solemnize belongs whether members of
to his/jer church or AF or civilians must
religious sector be within zone of
-Written authority granted military operation.
to priest by his sect may - If chaplain is present, he
impose limitation as to must be the one who
place where he could should solemnize the
solemnize marriage. marriage (Art 7 (2) )
(Navarro v. Domagtoy) o COMMISSIONED
3. SHIP - FOLLOWING OFFICER means his rank
CAPTAIN REQUISITES MUST should start from 2nd

[11]
 Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
lieutenant, ensign and
above
o UNIT refers to a battalion
under present table of
organization and not mere
company
o WITHIN ZONE OF
MILITARY OPERATIONS
implies widespread of
military activity over area
and does not refer to a
simulated exercise beause
it requires absence of
civilian authorities
-May solemnize marriage
even if contracting parties do
not belong to his/her unit
?CHAPLAIN- member of a
religious clergy who does
work in armed forces
5. CONSUL- - Consular agent cannot
GENERA solemnize marriage
L, - They can solemnize
CONSUL marriage abroad only
OR VICE when the contracting
CONSUL parties are both Filipino
citizens
- They act as solemnizer of
marriage and perform
duties of local civil
registrar such as
issuance of marriage
license.
- Solemnities established
by PH laws shall be
observed in execution.
(Art 17 CC)
- Thus contracting parties
shall personally appear
before him and declare in
presence in not less than
2 witnesses of legal age
that they take each other
as husband and
wife.Declaration shall be
contained in a marriage
cert which shall be
signed by contracting
parties and their
witnesses and attested
by their solemnizing
officer
[12]
- Marriage may be
solemnized other place
provided they shall
request said official in
writing.
- Marriage between
Filipino and foreigner
abroad solemnized by
PH consul [VOID]
- Very authority of consul is
limited to Filipino citizens.
(absence of formal req)
- EXCEPTION:
Marriage between
foreigner and Fil citizen
abroad solemnized by
PH consul assigned in
that country is recognized
as valid in said host
country. (Art 26)
NOT AUTHORIZED TO
SOLEMIZE MARRIAGE
WITHIN PH
6. MAYOR - Local government code
of Jan 1, 1992
- Vice mayor of
municipality acting as
mayor has authority to
solemnize marriage.
GOOD FAITH OF PARTIES
Under Art 35 (2), if marriage was
solemnized by person not legally authorized
to solemnize a marriage and either the
contracting parties believed in good faith
that such solemnizing officer had such
authority, then marriage shall be considered
as valid.
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
 Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
case the marriage may be solemnized at a
house or place designated by them in a
sworn statement to that effect.
VENUE
Non-observance will not invalidate marriage
but can subject persons who cause the
violation to civil, criminal or administrative
liability
EXCEPTIONS
1.) Articulo Mortis
2.) In a remote place in accordance with
Art 29 FC
3.) Both parties request a solemnizing
officer in writing
(Navarro v. Domagtoy)
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
PLACE OF ISSUE
Local Civil registrar of city or municipality
where either of them resides.
If contracting parties obtain marriage license
in place other than place where ether of
them resides, it is MERELY AN
IRREGULARITY (People v. Janssen)
R.A 10354
The responsible parenthood and
reproductive health act of 2012
No marriage license shall be issued by LCR
unless applicants present a Certificate of
Compliance issued by Family planning
Office
Certifying that they had duly received
adequate instructions and info on
responsible parenthood, family planning,
breast feeding and infant nutrition.
(well, yun lang most couples in PH, nanganak na
munat lahat lahat ng basketball team bago pa
magpakasal)
[13]
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.
CONSULAR OFFICIALS
Duties of LCR and solemnizing officer:
performed by them abroad.
Marriage ceremony shall be in accordance
with laws of the PH because Art 17 of CC
pertinently provides that when contracts,
among others are executed before
diplomatic or consular officials, among
others are executed before the diplomatic
and consular officials of RP in a foreign
country, solemnities by PH laws shall be
observed in their execution
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
 Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
(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
PURPOSE OF DOCUMENTARY
REQUIREMENTS
- Concern of state to make marriages the
secure and stable institution they should
be (Kilburn v. Kilburn)
- Mainly, task of seeing to it that these
documentary proofs are accomplished is
addressed to Local civil registrar to secure
publicity and require a record to be made
of marriage contracted.
- It is also to discourage deception and
seduction.
- Prevent illicit intercourse under guise of
matrimony and relieve from doubt the
status of parties who live together as man
and wife. (State v. Walker)
MARRIAGE APPLICATION
Can be obtained by ANYBODU
LCR has no choice but to accept application
and process the same up to the time of the
issuance of the marriage license.
If LCR has knowledge of some legal
impediments, HE/SHE CANNOT
DISCONTINUE PROCESS OF
APPLICATION
Must only note down the legal impediments
in application and thereafter issue marriage
license otherwise stopped by court.
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
[14]
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.
 Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
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.
PARENTAL CONSENT
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. 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
NO EMACIPATION BY MARRIAGE
- No more emancipation by marriage under
FC
- Emancipation is attained if child reaches
age of 18 years. (Art 234 as ameded by
R.A 6809) [AN ACT LOWERING THE
[15]
AGE OF MAJORITY FROM TWENTY-
ONE TO EIGHTEEN YEARS, AMENDING
FOR THE PURPOSE EXECUTIVE
ORDER NUMBERED TWO HUNDRED
NINE, AND FOR OTHER PURPOSES]
- Emancipation shall terminate parental
authority over the person and property of
the child who shall then be qualified and
responsible for all acts of civil life, save
the exceptions established by existing
laws in special cases. (Art. 236.)
- The act by which one who was unfree. or
under the power and control of another, is
set at liberty and madeliis own master
(Black Law Dictionary)
If any of the contracting parties not being
emancipated by previous marriage is =< 18
y/o but > 21. Consent of father, mother,
surviving parent, or guardian or persons
having legal charge of them. [in order
mentioned must be obtained before
marriage license can be issued to
contracting parties]
Marrying age and majority are both 18 years
of age.
Nevertheless, contracting parties between
18 to below 21 MUST STILL obtain consent
of parents as required under 2nd par of Art
236
NON-COMPLIANCE however does ot make
marriage invalid or void but merely
annullable. Statute being regarded as
directory only in absence of any provision
declaring such marriage absolutely void.
(Browning v. Browning)
Parental consent required of parties does
not add anything to legal capacity of said
comtracting partees, as the law itself
declares that people 18 y/o and above can
legally and validly contract marriage.
Required parental consent provision simply
means that said contracting parties may
not be licensed to marry upon their own
 Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
consent alone, but consent of parents must
be added thereto (Cushman v. Cushman)
Lack of consent does not affect validity of
marriage, but only subjects those who have
neglected to acquire it to the penalties of
law. (Cushman v. Cushman)
IF ANY OF THE CONTRACTING PARTIES
IS BELOW 18 Y/O, MARRIAGE IS VOID
REGARDLESS OF EXISTENCE OR NON-
EXISTENCE OF CONSENT OF PARENTS.
Age of consent is the age at which person
are considered in law to be capable into
marriage relation.
BRIEF HISTORY:
BEFORE FC Any male aged 16 or upwards,
and any female of the age of
14 or upwards, not under any
of the impediments mentioned
in Articles 80 to 84 of the Civil
Code, may contract marriage
(Article 54, Civil Code of the
Philippines).
If the male is less than 20
years old and the female is
less than 18 years old, they
shall be required to obtain the
consent to their marriage of
their father, mother or
guardian, or persons having
legal charge of them, in the
order mentioned (Article 61,
Ibid.).
EFFECTIVITY OF Marrying age of both the
FC parties to a marriage was
fixed at eighteen (18) years
old (Article 5, Family Code of
the Philippines).
In case either or both parties
are between the ages of
eighteen (18) and twenty-one
(21), they shall, in addition to
the requirements of marriage,
secure the consent to their
marriage of their father,
mother, surviving parent or
guardian, or persons having
legal charge of them, in the
order mentioned (Article 14,
Ibid.).
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
[16]
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.
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.
PARENTAL ADVICE
Absence does not affect marriage
Does not even make marriage annullable
While it is not an essential nor formal
requirement under Art 2 & 3 prescribing
parental advice in keeping with PH tradition
and does not bar marriage totally.
 Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES

It is just a vehicle to induce further and ore Parental consent required or Parental
mature deliberation over decision to get advice needed, failure of parties to attach
married. such application a certification that they
have undergone marriage consoling shall
REMEMBER suspend issuance of ML for period of 3
PARENTAL CONSENT V. PARENTAL ADVICE months.
At least 18 and below 21 to 25 years of age Issuance of ML w/in prohibited period
21 shall subject issuing officer to
Annulable {Defect in Does not affect administrative sanctions but shall not
essential requirement } marriage
affect validity of marriage

Art. 18. In case of any impediment known to

Art. 17. The local civil registrar shall prepare
the local civil registrar or brought to his
a notice which shall contain the full names
attention, he shall note down the particulars
and residences of the applicants for a
thereof and his findings thereon in the
marriage license and other data given in the
application for marriage license, but shall
applications. The notice shall be posted for
nonetheless issue said license after the
ten consecutive days on a bulletin board
completion of the period of publication,
outside the office of the local civil registrar
unless ordered otherwise by a competent
located in a conspicuous place within the
court at his own instance or that of any
building and accessible to the general public.
interest party. No filing fee shall be charged
This notice shall request all persons having
for the petition nor a corresponding bond
knowledge of any impediment to the
required for the issuances of the order.
marriage to advise the local civil registrar
thereof. The marriage license shall be issued
Art. 19. The local civil registrar shall require
after the completion of the period of
the payment of the fees prescribed by law or
publication
regulations before the issuance of the
DUTY OF LOCAL CIVIL REGISTRAR
marriage license. No other sum shall be
1.) Post notice to inform everybody of
collected in the nature of a fee or tax of any
impending marriage
kind for the issuance of said license. It shall,
- Posted for 10 consecutive days on bulletin
however, be issued free of charge to indigent
board outside office of LCR in a
parties, that is those who have no visible
conspicuous place w/in building and
means of income or whose income is
accessible to genera public
insufficient for their subsistence a fact
- Notice: request all persons having
established by their affidavit, or by their oath
knowledge of any impediment to advice
before the local civil registrar.
LCR therof.
2.) Issue marriage license after completion of
INVESTIGATIVE POWER OF LCR AND
period of publication.
COURT INTERVENTION
However if parties between ages of 21-25
In case any impediment known to LCR or
do not obtain advice of parents or if such
brought to his attention, he shall MERELY
advice is unfavorable, LCR shall not issue
NOTE DOWN PARTICULARS THEREOF
marriage license til after 3 months
AND HIS FINDINGS THEREON ON
following completion of publication
APPLICATION FOR MARRIAGE LICENSE.
WHAT IF ISSUED W/IN 3 months?!
- Marriage is valid.

[17]
 Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
He is nonetheless duty bound to issue
license after payment of necessary fees
unless exempted due to indigence, after
completion of period of pub or after period
of 3 months.
Law does not restrain LCR from
investigating any impediment on part of
contracting parties but LCR is only generally
prohibited from withholding marriage license
despite legal impediment (J Caguioa)
Purpose of Art 18 as agreed upon by
committee members is to ELIMINATE any
opportunity of extortion or for it to be a
source of graft.
Only court intervention directing non-
issuance of ML can empower LCR to validly
refuse to issue said license.
MAY BE BROGHT BY LCR HIMSELF OR
ANY INTERESTED PARTY.
- What if LCR is pasaway and issues ML
despite injuction then nakasal na ang mga
beshies?
MARRIAGE STILL VALID as validity of
ML is not affected by violation of
injunction. [mere irregularity in formal
requisite of marriage license]
Does not affect validity of
marriage but party or parties
responsible shall be civilly, criminally
and administratively liable.
CRIMINAL LIABILITY OF LOCAL CIVIL
REGISTRAR
Marriage Law of 1929
Sec 37: Influencing parties in
religious respects
Sec 38: Illegal issuance or refusal
of license
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
[18]
parties have not made use of it. The expiry
date shall be stamped in bold characters on
the face of every license issued.
MARRIAGE LICENSE ANND DATE OF
ISSUE
Valid only within PH and not abroad
Good for 120 days from date of issue
Date of signing of LCR =Date of issue
Automatically ineffective upon expirty.
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.
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.
CERTIFICATE OR AFFIDAVIT OF LEGAL
CAPACITY
Citizens of Foreign country: contract
marriage in PH
- If they are BOTH freigners and intent to
have marriage solemnize by those
mentioned in Art 7 of FC or mayor
pursuant to LGC, then they have to
SECURE MARRIAGE LICENSE IN PH
- Before issuance of ML, they have to
submit a cert of legal capacity.
- Cert of Leg Cap is necessary because PH
in so far as marriage is concerned, adhere
to law of contracting parties with respect
to their legal capacity to marry.
16 y/o US Legally capacitated to marry in
Citizen US wants to marry Fil here or
another foreigner
By obtaining cert of
legal capacity stating
that in US, persons
under 16 years of age
 Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
can be validly married.
Show to proper lcr
where he is residing in
PH
Marriage license can
be subsequently
issued
W/O cert of legal cap, LCR will not issue
ML.
Law clearly provides that as to foreigner,
this is a necessary requisite before ML
can be obtained.
EXCEPTION to the rule that LCR even if finds an
impediment in impending marriage must
nevertheless issue the marriage license, unless
at his own instance, or that of an interested party,
he is judicially restrained from issuing marriage
license.
EH. What if chaka si LCR, nag-issue pa rin
then kinasal yung mga atat na beshies.
Marriage still considered valid as this is
merely an irregularity in complying with the
formal requirement of law in procuring
marriage license.
STATELESS PERSONS OR REFUGEES
Required to file an affidavit stating
circumstances showing such capacity to
contract marriage in lieu of certificate of
legal cap.
IF CONTRACTING PARTIES WHO ARE
CITIZENS OF FOREIGN COUNTRY DESIRE
TO HAVETHEIR MARRIAGE SOLEMNIZED
BY THIEIR CONTRYS CONSUL GENERAL
IN PH
No need to obtain ML if their countrys laws
allow the same.
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;
[19]
(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.
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
PRESUMPTION OF MARRIAGE
Man & Woman deporting themselves as
husband and wife have entered into lawful
contract of marriage [presumption
satisfactory if uncontradicted]
Presumption may be contradicted and
overcome by evidence.
 Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
Law and public policy lean toward legalizing
matrimony
Presumption gains strength through lapse of
time.
When celebration of marriage is once
shown, the contract of marrage, capcity of
parties and fact everything necessary for
validity of marriage, in absence of proof to
contrary will be presumed (Gaines v. New
Orleans)
Public policy should aid acts intended to
validate marriage and should retard acts
intended to invalidate marriages. This is
necessary for the order of society. (Adong v.
Cheong Seng Gee)
If shown that either/nnoth parties have been
previously married and that such wife or
husband of first marriage is still living, does
not destroy prima facie legality of last
marriage. Presumption is that former
marriage has been legally dissolved and
burden of proving that it has not rests upon
party seeking to impeach the last marriage.
(Wenning v. Teeple; Son Cui v. Guepangco)
PROOF OF MARRIAGE
May be proved by evidence of any kind
(Pugeda v. Trias)
Primary evidence of marriage is the
marriage contract or marriage certificate
(Lim Tanhu v. Ramolete)
Mere photostat of marriage cert is a
worthless piece of paper (Vda De Chua v.
CA)
But if such Photostat copy emanated from
Office of LCR and duly certified by LCR as
an authentic copy of the records in his office
such certified Photostat copy is admissible
as evidence.
If presented in court w/o objection from
opposing parties and consequently admitted
by court, said photostaat copies are
deemed sufficient proof of facts contained
therein and therefore can be proof of
marriage. (Sy v CA)
[20]
Baptismal certs, birth certs, jud deci, and
family bible in which names of spouses
have been entered as married are good
evidences of marriage (Trinidad v. CA)
Cert of marriage made many years after
marriage is inadmissible especially where
there was no register of marriage in official
records (Gaines v. Relf)
Failure to present marriage cert is not fatal
in case where marriage is in dispute as the
parties can still rely on presumption of
marriage (Rivera v. IAC)
Abence of record of the contested marriage
was asserted to assail the existence of
marriage, SC rehected assertions by
stating:
1. Although marriage contract is
considered a primary evidence of
marriage, its absence is not always
proof that no marriage took place.
Evidence need not necessarily or
directly establish marriage but must at
least be enough to strengthen the
presumption of marriage. These are
public documents which are prima facie
evidence of facts stated herein. No
clear and convincing evidence is
sufficient to overcome the presumption
of the truth of recitals therein was
presented by petitioners.
2. Petitioners own witness whose
testimony they primarily relied upon to
support their proposition confirmed that
Guillermo Rustia had proposed
marriage to Josefa Delgado and that
eventually two had lived together as
husband and wife [this could not but
strengthen the presumption of marriage]
3. Baptismal cert was conclusive proof
only of thee baptism administered by
priest who baptized child. [No proof of
the veracity of declarations and
statements contained therein such as
alleged single or unmarried civil status
of Josefa Delgado]
 Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
Petitioners failed to rebut presumption of
marriage of Guillermo Rustia and Josefa
Delagdo.(Vda. De La Rosa v. Heirs of
Mariciana Rustia Vda. De Damian)
Testimony by one of parties or witess to
marriage or by person who solemnized
marriage is admissible (Pugeda v. Trias)
Testimonies must themselves be credible
and must proceed from witnesswho is
credible. (People v. Ignacio)
It is well-settled that entries in official
records made in performance of a duty by a
public officer of PH or by person in
performance of duty specially enjoined by
law, are prima facie evidence of facts
therein stated (Young v. Magayo)
Marriage ceremony, testimony of an
eyewitness sufficient should disclose not
only performance of ceremony by someone,
but that all circumstances attending it were
such as to constitute it a legal marriage.
(State v. Hodgskins)
Fact that marriage has been solemnized
gives rise to presumption that there is an
exchange of marital vows.(Balogbog v. CA)
Public and open cohabitation as husband
and wife after alleged marriage, birth and
baptismal certs of children borne by alleged
sposes and statement of such marriage in
subsequent documents are competent
evidence to prove the fact of marriage
(Pugeda v. Trias)
Solemn statement in will of deceased also
admissible as proof of marriage. (Son Cui v.
Guepangco)
Mere cohabitation is not direct proof or
marriage which must be proved by proper
documents or by oral testimony in case
these have been lost (Santiago v. Cruz)
Conduct of parties in order to constitute as
evidence of marital consent must be
something more than mere living together; it
must be an association, consciously and
openly as h&w (Cox v. State)
[21]
PROOF TO ATTACK VALIDITY OF
MARRIAGE
Evidence must be strong, distict and
satisfactory (Murchison v. Green)
Statement of civil status of person in cert of
title issued to him is not conclusive to show
that he is not actually married. (Perido v
Perido)
Petitioner failed to assert absence of ML as
ground of nullity in her petition based solely
on psychological incapacity under Art 36
and where she only invoked such absence
of marriage license in her appeal to SC.
Supreme Court made an exception to the
general rule that litigants cannot raise an
issue for the firs time on appeal and
consequently declared marriage due to
absence of marriage license. SC said that in
order to protect substantive rights of parties:
IT WAS MAKING AN EXCEPTION TO
APPLICATION OF SAID GR THAT
MARRIAGE CONTRATC ITSELF WHICH
WAS PRESENTED AS EVIDENCE
CLEARLY SHOWED THAT
SOLEMNIZATION OF MARRIAGE
OCCURRED BEFORE ISSUANCE OF
MARRIAGE LICENSE. (Sy v CA)
While obtaining ML in place which is not
place of residence of any contracting parties
is merely an irregularity that does not
invalidate marriage (People v. Janssen)
Such circumstances may nevertheless be
an indication that ML is spurious or non-
existent which should necessitate further
investigation as to its authenticity. (Sy v CA)
Official Cert issued by Office of LCR of
municipalty where particular marriage
license has been issued stating that after
earnest effort to locate and verify existence
of particular ML, said office has no record of
ML or is issued to another couple or is
spurious or fabricated is a convincing
evidence to destroy the validity of marriage
 Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
on ground of absence of valid ml (Republic
of PH v CA)
(REMEMBER THE PREVIOUS ASSIGNED
CASES)
In case where LCR certified that there was
no marriage license despite exertion of all
efforts but with an admission that, due to
work load of said office, it cannot give full
force in locating marriage license
compounded by fact that the custodian
already retired. SC did not allow the nullity
of marriage on ground of absence of
marriage license. (Servilla v. Cardenas)
Marriage followed by 40 years of
uninterrupted marital life > impugn and
discredit after dead of husband through
alleged prior chinese marriage (Sy Joe
Lieng v. Sy Quia)
However any presumption of marriage from
fact that there was cohabitation bertween
man and woman many years ago may be
considered offset by fact that for last 35
years they lived separately and several
thousandmiles away from each other
(Fernandez v. Puath)
While birth certificates can prove fact of
marriage between parties, pieces of
evidences disproving existence of marriage
also have probative value such that the
evidence if weighted against each other
prepodered in favor of assertion that there
was no marriage (Sarmiento v. CA)
DECLARATORY RELIEF
- Parties are not certain whether under law
they can proceed with marriage can file a
petition for declaratory relief to seek from
court a judgment of their capacity o marry.
- Petition for declaratory relief may be
brought by any person interested under
deed, will contract or other written
instrument
Whose right are affected for purpose of
determing any question of construction or
validity arising therefrom and for declaration
[22]
of his/her right or duties thereunder.
(Republic v. Orbecido)
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.
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.
EFFECT OF DUTY OF LOCAL CIVIL
REGISTRAR
- Specific government official charged with
preparation and keeping of all official
documents in connection with marriage,
any certification issued by him/her in
connection with any matter involving
marriage of any particular individual within
his/her jurisdiction is given high probative
value. (Rep of PH v. CA)
MARRIAGE REGISTER
Office of LCR keeps marriage rester of all
persons married in its locality.
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), 36, 37 and 38. (17a)
 Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES

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.

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.

Art. 37. Marriages between the following are

OVERVIEW:
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;
(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. 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.
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
[23]
civil registry and registries of property; otherwise, the same
shall not affect third persons. (n)
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. (81a)
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;
(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.

Art. 53. Either of the former spouses may marry again

 Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
AS TO VALIDITY OF MARRIAGE
(SUMMARY)
GENERAL RULE
Marriages contracted outside the PH
and are performed in accordance with
laws in force in country where they
were solemnized are valid in this
country
In case Filipino contracts foregn
marriage which is null and void in place
where it was solemnized, same shall
also be null and void in PH even if such
was valid if celebrated under PH laws.
If both are foreigners, lex loci
celebrationis applies.
EXCEPTIONS:
1.) Contracted by national who is below
18 y/o (No legal capacity to contract
marriage under Art 35) [When both
parties contracting marriage abroad
are Fil citizens]
2.) Incestuous marriage (ewww)
3.) Bigamous or Polygamous except as
provided in Art 41 FC
4.) Contracted through Mistake of one
party as to identity of the other (like
twin na wa naman imik di naman pala
siya fianc mo)
[24]
5.) Contracted following the Annulment
or declaration of nullity of a previous
marriage but before partition
6.) When any of the party is
Psychologically incapacitated when
marriage was celebrated (Art 36)
7.) Marriage is void by reason of Public
Policy
VALID PROVISIONS
Family code expressly provides that except
for marriages prohibited under Art 35 (1),
(4), (5), (6) , 36,37,38, marriages
solemnized abroad and which are valid
there as such are recognized as valid here.
PH follows lex loci celebrationis rule
General principle of international and
interstate law that validity of marriage, so far
at least as it depends upon the
preliminaries, and manner or mode of its
celebration is to be determined in reference
of law of place where it is
celebrated.Therefore, marriage valid
celebrated will generally be regarded as
valid everywhere and where there is bona
fide attempt on part of parties to effect a
legal marriage, every presumption will be in
favor of the marriage. (Medway v.
Needham)
Conversely, marriage void where it is
celebrated is void everywhere. But under
the operation of rule that all presumptions
favor marriage and every bona fide attempt
to effect it, and since courts are extremely
reluctant and rightly so, to declare marriage
void exceptfor strongest and most obvious
reasons, the converse rule is subj to many
exceptions ad will not be enforced where
circumstances afford a reasonable ground
for the course taken and show a bona fide
attempt to effect a marriage. (Medway v.
Needham)
 Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES

status, conditions and legal capacity of

MATTER OF INTERNATIONAL COMITY persons are binding upon citizens of PH
Legal effect which be given by one state to even though living abroad.]
the marriage laws of another state is merely #WhereverYouGo
because of comity or because of public
policy and justice demand the recognition of If one is Fil and another is an
such laws (Henderson v Henderson) alien whose nat laws capacitate
No state is bound by comity to give effect in persons below 18 y/o to marry:
its courts to laws which are repugnant to its FC does not give precise solution.
own laws and policy (Brimson v. Brimsom) (WELL) With respect to legal
WHY? : because every sovereign state is capacity, our country follows the
the conservator of its own morals and good nationality rule, hence should
order of society (Jackson v. Jackson) accord respect to laws of the
Each sovereign state has right to declare country in so far as the legal
what marriage its will and will no recognize capacity to marry the foreigner is
regardless of whether participants are concerned.
domiciled w/in or w/o its borders (US ex rel BETTER RULE: Exception under Art 26
Modianos v. Tutle) and not withstanding referring to Art 35 (1) should be construed
such marriages validity under the laws of as referring to situation where marriage
foreign state where such marriages were abroad is between a Filipino and a Fiilipina
contracted. (Kapigan v. Der Minassian) and not between Filipino or Filipina and an
Hence applying 1st paragraph of Art 26, alien married in Aliens state where he/she
marriages w/o license solemnized abroad is (the alien) though below 18 years of age
and proxy marriages abroad, valid in PH if is capacitated to Marry
such marriages are valid in accordance w/ LETS MAKE IT CLEAR
laws in force in country where they are INVALID [Art 35 (1) ]
solemnized. Juan 19 y/o and Juana 14 y/o married
IF however, foreign marriage is to be abroad in a country where marriage above
solemnized inside PH consulate abroad, 13 y/o is valid.
VALID
such marriage must observe the forms and
Juan (17 y/o) and Maria Ozawa (33 y/o)
solemnities established by PH laws. married abroad where marriage below 18 y/o
is valid.
EXCEPTIONS Take note Juan: Fil
- Under FC, if either or both contracting Maria Ozawa : Alien
parties are Filipinos and they are below
18 years of age, their marriage Bigamous and Polygamous marriages,
solemnized abroad will not be recognized though valid abroad shall likewise not be
in PH even if marriage is valid in place recognized in PH.
where it has been solemnized BIGAMOUS POLYGAMOUS
- Our law clearly adheres to the rule that - Committed by - Act or state of a
marrying capacity of contracting parties is person who person who,
cotracts 2nd nowing that he
governed by national law of that party (PH
marriage before has 2 or more
law) former marriage wives or that he
- [ remember Art 15 stating that laws has been legally has two or
relating to family rights and duties or to dissolved or more husbands

[25]
 Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES

before the marries another solemnized shall not be considered valid

absent spouse here.
has been - even if valid in foreign country where it
declared has been solemnized shall not be considered
presuptively
valid here.
dead by means
of judgment Marriages between ascendants and
rendered in descendants of any degree as well as
proper between brothers and sisters whether full or
proceeding (US half blood are likewise not considered as
v Mcleod) valid here even if such marriages were
KEYWORD: KEYWORD: allowed in country where they were
2nd marriage 2 or more
#MASMALANDI celebrated. (BECAUSE THEY ARE
#Haliparot INCESTUOS
Marriages declared void under PH laws for
being against public policy.
Under Art 41 of FC Even if not illegal or not against pub policy
Bigamous marriage may be recognized where it was solemnized. (Art 38)
HOW?!!! (CONTINUE NOTES!)
: When before marriage, one of the spouse had
been absent for 4 consecutive years or 2
consecutive years in case where there is
danger of death and spouse present has a well-
founded belief that the absent spouse is already
dead.
<2 nd marriage is valid w/o prejudice to
reappearance of absentee spouse.>

Marriage abroad where there is mistake of

identity of other contracting party is ALSO
NOT RECOGNIZED in PH
Even if one who committed mistake
were the foreigner spouse.

Spouse able to annul or to declare as null

and void his/her marriage but failed to record
judicial decree with LCR, to partition &
distribute their properties and deliver
presumptive legitime of their children, any
subsequent marriage of either spous shall be
void. [Art 53 in relation to Art 52 of FC]
Marriage by Fil to a person who is
psychologically incapacitated to perform
essential marital obligations abroad even if
valid in foreign country where it has bee

[26]
 Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
CHAPTER 2
MARRIAGE EXEMPT 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.
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.
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
[27]
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.
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.
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.
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.
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.
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
 Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES

oath that he ascertained the qualifications of RATIONALE

the contracting parties are found no legal - Necessity and Practicality
impediment to the marriage. - Policy of state to, as much as possible,
validate or legitimize illicit cohabitation
EXEMPTION FROM MARRIAGE between persons who do not suffer any
LICENSE legal impediment to marry.
ARTICLE WHAT KIND
ARTICLE 27 at the point of death FAR AREAS
ARTICLE 28 located that there is no means of no means of transportation to enable such
transportation to enable such party to
appear personally before the local civil party to appear PERSONALLY before LCR
registrar Marriage may be solemnized w/o marriage
ARTICLE 31 articulo mortis between passengers or
license
crew
ARTICLE 32 authority to solemnize marriages in W/O this, illicit relationships may
articulo mortis between persons within proliferate only because parties could not
the zone of military operation
get marriage license with really no fault on
ARTICLE 33 among Muslims or among members of
the ethnic cultural communities their part.
(solemnized in accordance with their
customs, rites or practices.)
ARTICLE34 lived together as husband and wife for at
least five years and without any legal SOLEMNIZING OFFICERS UNDER ART 7
impediment to marry each other
AND THE MAYOR
- Explicitly declared by Art 3(2) as
On basis of Art 27 all those who are
exemptions to formal requirement of valid
authorized to solemnize marriage
marriage license.
enumerated in Art 7 & Mayor are
- Likewise provided for in Art 9 which
empowered to act as solemnizer of
provides that marriage license shall be
marriage even w/o valid marriage license.
issued by LCR of city or municipality
Well, yung kailagan mo lang naman
where either of contracting parties
tandaan here is that all solemnizing officers
habitually reside, except in marriage
must be a valid solemnizing officer
where no license is required in
according to Art 7. (jurisdiction x requisites,
accordance with Chapt 2 of this Title.
stuff like that)
- EXCEPT FOR MUSLIMS who are now
In articulo mortis, even if ailing party
governed by Code of Muslim Personal
subsequently survives, marriage will remain
Laws of PH, various ethic groups in PH
valid.
and contracting parties refered to in said
CHIEF PILOT AND SHIP CAPTAINS
article must comply with all other essential Only marriages in artiuclo mortis
and formal requirements provided under When ship is at sea, plane is on flight and
Art 2 & 3 of FC. even during stopovers at ports of call.
- Also solemnizing officer: Art 7. Only among their passengers and crew
ARTICLE 35 members.
ARTICLE 36
MILITARY COMMANDER
ARTICLE 37

VOID
Commissioned officer (rank 2nd lieutenant,
ARTICLE 38
ensign and above)
ARTICLE 40
ARTICLE 41 Commander of a unit (at least a battalion)
ARTICLE 44 Only articulo mortis and in absence of
ARTICLE 53 chaplain (chaplain should compy w/ Art 7 (2)

[28]
 Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES

W/IN zone of military operations and during (While both conditions must concur, they do not
such military operations qualify each other)
Either members of armed forces or civilians
MUSLIM AND ETHNIC GROUPS Absence of legal impediment
Under Civil Code, for as long as marriages At time of marriage (J; Puno)
of ethnic groups, pagans and Muslims were
performed in accordance with their customs,
rights and practices, such marriage: VALID (Art 76 CC repealed by Art 36 FC (NOW)
(Art 78 CC) Art 36 FC)

Code of Muslim Personal Laws of PH 1. Lived as Provides a broader

Feb 4,1997 [effectively same year] husband and condition by an
It does not provide that for a marriage to be valid, wife for at amendment that no legal
ML has to be procured by contracting parties least 5 years impediment exists with
2. Attained age contracting parties
Aug 3,1988, FC took effect expressly
of majority Legal impediment
providing that Muslims and ethnic groups 3. Must be Any possible ground or
are exempted only from procuring a unmarried basis under fam code
marriage license as long as marriage will *mandatory whole 5 Presence and absence of
be solemnized in accordance with their years no legal impediment only considered @
customs, rites and practices. impediment* time of celebration of marriage
ceremony
Marry paramour Spouse living in w/
R.A No. 6766 Organic Act for Cordillera when legitimate paramour can avail
Autonomous Region (CAR) Art 10, Sec 2 spouse dies exception and marry his
Marriages solemnized between or (cohabited for 5 paramour w/o marriage
among members of indigenous tribal years) license after death of legal
group/ cultural community in spouse
accordance w/ the indigenous
customary laws of place shall be valid (Office of Court Administrator v. Necessario)
and dissolution thereof in accordance Errorneous
with these laws shall be recognized Judges made statement that for exception to
(ay taray pati dissolution beshy) apply parties should have been capacitated to
marry each other during entire period and not
OTHER ETHNIC GROUPS FAMILY only at time of marriage
CODE They applied Art 76 CC
W/O SEPARATE LAW But case was administrative & does not deal w/
validity of marriage, therefore statement only an
obiter dictum.
Has separate
MUSLIM CAR
law
Under exception of cohabitation for 5 years,
contracting parties shall state the fact of
their cohabitation for at least 5 years and
COHABITATION FOR FIVE YEARS (Art 34 absence of any legal impediment to marry in
FC) an affidavit before any person authorized by
Two distinct conditions law to administer oath.
1.) Live as such for at least 5 years
characterized by exclusivity and continuity
that is unbroken ( Republic v. Dayot) Solemnizing officer shall also state under
2.) Be without legal impediment to marry oath that he ascertained qualifications of the
each other contracting parties and found no legal
impediment to marriage. Failure of

[29]
 Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
solemnizing officer to investigate shall not
invalidate marriage.
(Cosca v. Palaypayon)
Judge solemnized marriage involving party only
18 y/o .
Judge acted improperly because he should
have conducted first an investigation as to the
qualification of parties.
Should have been alerted by the fact that child
was 18 y/o at time of marriage ceremony w/
means that parties started living together when
she was barely 13 y/o. Thus there was
probability that affidavit was forged.
SC nevertheless did not state that marriage was
void because clearly at time of marriage
ceremony, parties had no legal impediment to
marry.
Aim of this provision
Avoid exposing parties to humiliation, shame
and embarrassment concomitant w/ scandaloys
cohabitation of persons outside a valid marriage
due to publication of every applicants name for
marriage license. (De Castro v. Assiadao- De
Castro)
Falsity of affidavit
Cannot be considered to be mere
irregularity considering that 5 year period is
a substantial requirement of the law to be
exempted from obtaining marriage license.
(De castro v. Assiadao-Ce Castro)
DIRECTORY REQUIREMENTS
- Procedure laid down in Art 29 to 30 of FC
relative to duties of S.O w/ respect to
affidavit he/she has to execute is
MERELY DIRECTORY IN CHARACTER
- Non-observance : will not render marriage
void or annullable (Loria v. Felix)
- HOWEVER UNDER MARRIAGE LAW OF
1929, those solemnizing officers who fail
to comply shall be punished by
imprisonment, by fine or both in the
discretion of court.
[30]
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) Those solemnized by any person not
legally authorized to perform marriages
unless such marriages were contracted with
either or both parties believing in good faith
that the solemnizing officer had the legal
authority to do so;
(3) Those solemnized without license, except
those covered the preceding Chapter;
(4) Those bigamous or polygamous
marriages not 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.
Lets make memorizing easier!
KINDS OF VOID MARRIAGES [L.A.P.I.S]
1.) Contrary to Law or Public Policy
2.) Absence of Essential or Formal
requisites
3.) Either of parties is Psychologically
incapacitated
4.) Incestuous marriages
5.) Void Subsequent marriages
VOID MARRIAGES
Not valid from its inception.
Absence of essential and formal requisites
as provided for in Art 2 & 3 FC renders
marrage void (Art 4 FC)
EXCEPTIONS:
ARTICL WHAT DOES IT SAY
E
27 In case either or both of the
 Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES

contracting parties are at the point A marriage that is annulled presupposes

of death, the marriage may be that it subsist but later ceases to have legal
solemnized without necessity of a
marriage license and shall remain
effect when it is terminated through court
valid even if the ailing party action. BUT in nullifying a marriage, court
subsequently survives simply declares a status or condition which
28 Residence of either party is so already exists from the beginning (Suntay v.
located that there is no means of
Conjuanco-Suntay)
transportation to enable such
party to appear personally before
the local civil registrar VOIDABLE VOID (Void ab initio)
31 Marriage in articulo mortis (Annullable)
between passengers or crew Valid until otherwise Considered as never to
members by ship captain or declared by court have taken place and
airplane pilot cannot be a source of
32 military commander authority to rights
solemnize marriages in articulo
mortis
Can generally be Can never be ratified
Marriages among Muslims or ratified or confirmed by
33
among members of the ethnic free cohabitation or
cultural communities prescription
34 Lived together as husband and Cannot be assailed Can be attacked
wife for at least five years and collaterally except in collaterally
without any legal impediment to direct proceeding
marry each other. Assailed only during Can be questioned
35 (2) (2) Those solemnized by any lifetime of parties but even after death of
person not legally authorized to after death of either, either party
perform marriages unless such parties and their
marriages were contracted with
offspring will be left as if
either or both parties believing in
good faith that the solemnizing
the marriage had been
officer had the legal authority to do perfectly valid
so; Action prescribes Action or defense is
Marriages declared void by legislature imprescriptible
There can be no void marriages outside Only parties (or parents Any proper interested
specifically provided by law. and guardians) can party may attack void
assail it marriage
Grounds for void marriages may co-exist in
Property regime No legal effect except
one case governing voidable those declared by law
Like minor na nga you, waley ka pa marriage is generally concerning properties
marriage license, deins pa you nadala conjugal partnership (or of alleged spouses
collateral blood relative pa yung jowa mez absolute community) regarding co-ownership
within 4th civil degree of consanguinity. and the children or ownership through
But take note it has only one cause of action conceived before its actual joint contribution
annulment are and its effects on
which is nullity of marriage. (Mallion v.
considered legitimate children
Alcantara) - (Ninal v. Bayadog)
Well, hindi pag it is with any other incidental Void marriages can never be ratified or
prayers like support (Mallon v. Alcantara) cured by any act of the contracting parties.
Neither could estoppel or acquiescence
VOID AND VOIDABLE MARRIAGE apply to remedy the infirmity.
Void is different from Voidable or annullable
Example
marriage under Art 45 FC

[31]
 Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
1) Party minor at time of marriage marriage
is void and can still be judicially declared
void; there can be no estoppel just because
parties agreed to false age.
2) In order to be exempted from procuring
marriage license, parties stated in their
sworn statement that they were already
cohabiting continuously for 5 years to
comply with time requirement of law when in
fact they cohabited for two years and
marriage was consequently solemnized,
such marriage IS STILL NULL AND VOID
on ground of absence of marriage license.
(De Castro v. Assidao-De Castro) (Republic
v. Dayot)
HOWEVER in Mallion v. Alcantara
In not invoking ground of absence of
marriage license in the first case and then
filing a subsequent case involving said
ground, petitioner violated the rule on
splitting of cause of action.
Petitioner was considered to be barred by
res judicata.
Considered to have impliedly admitted the
validity of celebration of marriage and that
he had therefore waived all defects.
Ruling gave more weight to procedure
rather than substantial law WHICH SHOUL
NOT BE THE CASE. Decision did not take
into account that no amount of ratification,
waiver, acquiescence or estoppel can
validate void marriage.
A null and void marriage cannot be
validated directly or indirectly.
In this case SC gave valid effect to an
invalid marriage which is inconsistent with
very notion of void marriages.
BAD FAITH OR GOOD FAITH IN VOID
MARRIAGES
General Rule
Good faith and bad faith are immaterial in
determining whether a marriage is null and
void.
Example:
[32]
- Even if a woman believed in good faith that
she married a man not related to her but who
in fact was his long-lost brother, her good
faith will not cure the infirmity even if she
willingly and freely cohabited with him for a
reasonable length of time after discovery. She
can still nullify marriage because it is
incestuous.
- If a person marries w/o marriage license or
that is spurious, and does not fall under
exceptions, marriage is void regardless of
his/her good faith.
- If a person marries his first cousin knowing
fully well of such relationship which he/she
conceals from his/her first cousin, marriage is
still void and it can be nullified
Chi Ming Tsoi v. CA
- Ground of psychological incapacity under
Art 36 was invoked to nullify a marriage
and where evidence showed the spouses
did not engage in sexual intercourse but
there was no finding as to who between h
& w refused to have sexual intercourse
- SC ruled that such absence of finding is
immaterial because action to declare
marriage void may be filed by either party
even psychologically incapacitated one.
Chi Ming Tsoi vs. CA
(Every law student should know this tragic case)
GR No. 119190, January 16, 1997
FACTS:
Chi Ming Tsoi and Gina Lao Tsoi was married in
1988. After the celebration of their wedding, they
proceed to the house of defendants mother.
There was no sexual intercourse between them
during their first night and same thing happened
until their fourth night. In an effort to have their
honeymoon in a private place, they went to
Baguio
but Ginas relatives went with them. Again, there
was no sexual intercourse since the defendant
avoided by taking a long walk during siesta or
sleeping on a rocking chair at the living room.
Since May 1988 until March 1989 they slept
together in the same bed but no attempt of sexual
intercourse between them. Because of this, they
submitted themselves for medical examination to
a urologist in Chinese General Hospital in 1989.
The result of the physical examination of Gina was
disclosed, while that of the husband was kept
 Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
confidential even the medicine prescribed. There
were allegations that the reason why Chi Ming
Tsoi married her is to maintain his residency
status here in the country. Gina does not want to
reconcile with Chi Ming Tsoi and want their
marriage declared void on the ground of
psychological incapacity. On the other hand, the
latter does not want to have their marriage
annulled because he loves her very much, he has
no defect on his part and is physically and
psychologically capable and since their
relationship is still young, they can still overcome
their differences. Chi Ming Tsoi submitted himself
to another physical examination and the result
was there is not evidence of impotency and he is
capable of erection.
ISSUE: Whether Chi Ming Tsois refusal to have
sexual intercourse with his wife constitutes
psychological incapacity.
HELD:
The abnormal reluctance or unwillingness to
consummate his marriage is strongly indicative of
a serious personality disorder which to the mind of
the Supreme Court clearly demonstrates an utter
insensitivity or inability to give meaning and
significance tot the marriage within the meaning of
Article 36 of the Family Code.
If a spouse, although physically capable but
simply refuses to perform his or her essential
marital obligations and the refusal is senseless
and constant, Catholic marriage tribunals attribute
the causes to psychological incapacity than to
stubborn refusal. Furthermore, one of the
essential marital obligations under the Family
Code is to procreate children thus constant non-
fulfillment of this obligation will finally destroy the
integrity and wholeness of the marriage.
Doctrine of unclean hands where court
should not grant relief to wrongdoer is not a
rule as applied to nullity actions because it
is merely judge-made and has no statutory
basis.
In declaring marriage void, state expresses
that it does not consider a union in a void
marriage as serving the fundmental purpose
of state of fostering and nurturing a family
which is a foundation of society. Hence
[33]
either husband or wife in a void marriage
can file a case.
Nonetheless, party who knew that he/she
was entering a void marriage before its
solemnization may be held liable for
damages b other contracting party under
provisions on Human Relations in CC
specially Art 19-21 thereof.
Even if partys intention in filing a
declaration of nullity were less than pure
and was merely to evade bigamy case,
such fact will not prevent declaration of
nullity on basis of clear showing that there
was absence of marriage license warranting
such declaration (Abbas v. Abbas)
EXCEPTIONS TO GENERAL RULE THAT
GOOD FAITH AND BAD FAITH ARE NOT
RELEVANT IN VOID MARRIAGES
1.) Art 35 (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;
2.) 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
- Spouse may validly marry again if he/she
1. Has a well-founded belief that spouse is
dead
 Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES

2. Procures judicial declaration of In the absence of proof to the contrary, properties acquired
presumptive death while they lived together shall be presumed to have been
obtained by their joint efforts, work or industry, and shall be
3. At time of subsequent marriage owned by them in equal shares. For purposes of this Article,
ceremony, is in good faith together with a party who did not participate in the acquisition by the other
subsequent spouse party of any property shall be deemed to have contributed
(otherwise marriage shall be considered void jointly in the acquisition thereof if the former's efforts
under Art 44 : If both spouses of the subsequent consisted in the care and maintenance of the family and of
marriage acted in bad faith, said marriage shall be the household.
void ab initio and all donations by reason of Neither party can encumber or dispose by acts inter vivos of
marriage and testamentary dispositions made by his or her share in the property acquired during cohabitation
one in favor of the other are revoked by operation and owned in common, without the consent of the other,
of law.) until after the termination of their cohabitation.
Good faith: even if only one of the When only one of the parties to a void marriage is in good
contracting parties : OK faith, the share of the party in bad faith in the co-ownership
shall be forfeited in favor of their common children. In case
To be void: BOTH must be in bad faith of default of or waiver by any or all of the common children
or their descendants, each vacant share shall belong to the
respective surviving descendants. In the absence of
descendants, such share shall belong to the innocent party.
BAD FAITH AS AFFECTING PROPERTY In all cases, the forfeiture shall take place upon termination
DISPOSITION of the cohabitation.
As a general rule
Art. 148. In cases of cohabitation not falling under the
- In void marriage, property regime is one
preceding Article, only the properties acquired by both of the
of co-ownership parties through their actual joint contribution of money,
- In disposition of co-ownership at time of property, or industry shall be owned by them in common in
proportion to their respective contributions. In the absence of
liquidation, whether one of parties is in proof to the contrary, their contributions and corresponding
bad faith is basic consideration shares are presumed to be equal. The same rule and
(Art 147/148 of FC) presumption shall apply to joint deposits of money and
evidences of credit.
If one of the parties is validly married to another, his or her
RULES FOR EASY UNDERSTANDING share in the co-ownership shall accrue to the absolute
community or conjugal partnership existing in such valid
SCENARIO EFFECT marriage. If the party who acted in bad faith is not validly
Only one in GF Share of party in BF in married to another, his or her shall be forfeited in the manner
co-ownership : provided in the last paragraph of the preceding Article.
FORFEITED The foregoing rules on forfeiture shall likewise apply even if
- In favor of both parties are in bad faith.
common
children
Default of/ Waiver by Each vacant share shall SUBSEQUENT VOID MARRIAGES DUE TO
any/All common belong to respective FAILURE OF PARTY TO GET PRIOR
children/their surviving descendants JUDICIAL DECLARATION OF NULLITY OF
descendants PREVIOUS MARRIAGE PURSUANT TO
Absence of Belong to innocent ARTICLE 40
descendants party Art 43 (2) The absolute community of
In all cases forfeiture shall take place upon property or the conjugal partnership, as the
termination of cohabitation case may be, shall be dissolved and
Rule above applies to all void marriages liquidated, but if either spouse contracted
said marriage in bad faith, his or her share
Art. 147. When a man and a woman who are capacitated to of the net profits of the community property
marry each other, live exclusively with each other as or conjugal partnership property shall be
husband and wife without the benefit of marriage or under a forfeited in favor of the common children or,
void marriage, their wages and salaries shall be owned by
if there are none, the children of the guilty
them in equal shares and the property acquired by both of
them through their work or industry shall be governed by the spouse by a previous marriage or in default
rules on co-ownership. of children, the innocent spouse

[34]
 Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES

(this applies) of child, settlement of estate,

dissolution of property regime, or
COLLATERAL AND DIRECT ATTACK criminal case for that matter, court
As a general rule, void marriages can be may pass upon the validity of
collaterally attacked. marriage even in a suit not
Meaning nullity of marriage can be directly situated to question the
asserted even if it is not the main or same so long as it is essential to
principal issue of a case and that no the determination of case.
previous judicial declaration of nullity is [in art 40, on basis solely of final
required by law with respet to any other judgment declaring such previous
matter where issue of voidness of marriage void connotes that
marriage is pertinent or material, either such final judgment need not be
directly or indirectly. obtained only for purpose of
It is not mandatory to show that prior to remarriage]
death of decedent, either decedent or 3. Art. 50. 43(3), and 86 (1) of FC
mother filed a civil case precisely and 43(3) Donations by reason of
mainly for purpose of judicially declaring marriage shall remain valid,
marriage void. Evidence other than except that if the donee
judicial declaration declaring said contracted the marriage in bad
marriage void can be presented to show faith, such donations made to
the nullity of marriage (Domingo v. Court said donee are revoked by
of Appeals) operation of law
While case was one of support, lower
court can make a declaration that Art. 86. A donation by reason of
marriage was void to determine rights of marriage may be revoked by the
child to be supported. SC rejected donor in the following cases:
contention that separate case for judicial (1) If the marriage is not
declaration of nullity must be filed first celebrated or judicially declared
before lower court, in case for support void ab initio except donations
can rule that marriage was void. (De made in the marriage
Castro v. Assidao-De Castro) settlements, which shall be
Direct attack filing case precisely putting governed by Article 81
forth as principal issue the nullity of
marriage. BELOW 18 YEARS OF AGE (AYAY)
Consent of parents is immaterial in the
sense that even if present it will not make
marriage valid.
3 cases where direct attack and not a Neither can subsequent parental consent
collateral attack on nullity of marriage ratify void marriage
must first be undertaken so that SPANISH CODE Unsafe
proper effects provided by law can MALE: 14 FEMALE:12 pregnanc
appropriately apply Minimum age to effectively y
1. Art. 40. The absolute nullity of a Discrimin
procreate
atory
previous marriage may be 1950 CIVIL CODE
invoked for purposes of MALE: 16 FEMALE: 14
remarriage on the basis solely of Basis : primary obligation of
a final judgment declaring such husband or father to support
previous marriage void the family
2. (Ninal v. Bayadog) FAMILY CODE
For other purposes such as but BOTH 18YEARS OF AGE
not limited to determination of
heirship, legitimacy or illegitimacy

[35]
 Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
NO AUTHORITY OF SOLEMNIZING
OFFICER
PH exclusively recognize ceremonial
marriage which involves intervention of
ecclesiastical or civil functionary
empowered by state to declare couple as
husband and wife.
Basta remember na lang ulit Art 7
GOOD FAITH MARRIAGE
If marriage were contracted with either or
both parties believing in good faith that
solemnizing officer had the legal authority to
do so when in fact he/she has none, then
marriage is still considered valid.
GOOD FAITH IS CLEARLY ADDRESSED
TO CONTRACTING PARTIES. No that of
solemnizing officer and not to any other
requisite whether essential or formal.
W/O declaration by law of its validity, such
good-faith marriage would have been an
instance of putative marriage which is void
because absence of authority of a
solemnizing officer.
Putative marriage- applied to
matrimonial union which has
been solemnized in due form and
good faith on some legal infirmity
is either void or voidable.
Like putative marriage, good faith under Art
35 (2) is not founded on actual marriage or
ceremonial marriage but on reasonable
belief by one or both contracting parties that
they were honestly married and solemnizing
officer had authority when in fact, he had
none.
Good faith is always presumed until
contrary is shown (Kunafoff v, Woods)
Scope of good faith in putative marriage
may likewise be applied to good faith
marriages under Art 35 (2)
Term good faith honest and reasonable
belief that marriage was valid at its inception
and that no legal impediment exists to impair it
validity.
While it is frequently been said that a party
may be in good faith, so long as he receives
no certain or authoritative knowledge of some
legal impediment to marriage, such person
CANNOT CLOSE his ears to information or
his eyes to suspicious circumstances and
[36]
must not act blindly or without reasonable
precaution.
Extent to which person has duty to ascertain
existence of impediment to his marriage
depends ultimately upon facts and
circumstances in each individual case.
EXPLANATIONS OF JUSTICE RICARDO
PUNO AND EDUARDO CAGUIOA: Aspect of
good faith
- General rule is that there should be
marriage and therefore good faith of
parties should come to their
rescue.Sometimes it its ot therefault.
- Exception where marriage is not void is
where parties were made t believe, one or
both, that solemnizing officer has authority
- This is to prevent unscrupulous
chauvinistic males from deceiving girls
because they are made to believe that
they are going to be married when
marriages is not what they want. (basta si
lalaki more ask sa fried to appear as if
valid solemnizing officer siya pero di
naman pala tas mavovoid marriage
because of that)
- Court is not saying it is void. It is saying
that it is valid, not only as between parties
but everybody. It is as if it was solemnized
by person with authority
Dr.Arturo Toentino : Ignorance of the law and
Ignorance of the fact. If parties go before a
person not specifically mentioned by law as
having authority to solemnize marriage, then
good faith or bad faith is immaterial because
according to art 4 of CC, ignorance of the law
excuses no one from compliance therewith.
NO MARRIAGEE LICENSE
Marriage license is a formal requisite,
absence of which makes marriage void.
Exceptions however: Art
27,28,29,30,31,32,33,34 of FC
ARTICLE WHAT KIND
ARTICLE 27 at the point of death
ARTICLE 28 located that there is no means of
transportation to enable such party to
appear personally before the local civil
registrar
ARTICLE 31 articulo mortis between passengers or
crew
ARTICLE 32 authority to solemnize marriages in
articulo mortis between persons within
 Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES
the zone of military operation
ARTICLE 33 among Muslims or among members of
the ethnic cultural communities
(solemnized in accordance with their
customs, rites or practices.)
ARTICLE34 lived together as husband and wife for at
least five years and without any legal
impediment to marry each other
BIGAMOUS OR POLYGAMOUS MARRIAGE
Except those allowed under Muslim Code or
under Art 41 of FC, law prohibits a married
man or woman from contracting another
bond of union as long as the consort is alive
(US v. Ibanez)
Subsequent marriage is illegal and void
from the beginning (Carratala v. Samson)
Subsequent marriage contracted in Hong
Kong by husband who had secured a void
Nevada divorce is bigamous and void
(Manila Surety & Fidelity Co., Inc v.
Teodoro)
IMPORTANT TO NOTE HOWEVER THAT
in bigamous marriage, 1st marriage must
have been valid. If 1st marriage is in itself
void and subsequent marriage is contracted
w/o prior judicial declaration of nullity of 1 st
marriage, subsequent marriage is void
because it violates Art 40 in relation to Art
52 and 53 of FC.
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.
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
JUDICIAL DECLARATION OF NULLITY
Absolute nullity of previous marriage may
be invoked for purposes of remarriage on
basis solely of final judgment declaring such
previous marriage void
RATIONALE: Parties to marriage should not
be permitted to judge for themselves its
[37]
nullity, only competent courts having such
authority (Landicho v. Relova-Landicho)
BIGAMY
One who enters subsequent marriage
without first obtaining such judicial
declaration is guilty of bigamy. Principle
applies even if earlier unio is characterized
by statute as void (Manuel v. People)
Elements of Bigamy:
1. That the offender has been legally
married;
2. That the first marriage has not been
legally dissolved or, in case his or her
spouse is absent, the absent spouse
could not yet be presumed dead
according to the Civil Code;
3. That he contracts a second or subsequent
marriage; and
4. That the second or subsequent marriage
has all the essential requisites for validity.
EXCEPTION:
1.) Present spouse must file a Summary
proceeding for the declaration of
presumptive death of absentee w/o
prejudice to latters reappearance
2.) Absence of other spouse must have been
for 4 consecutive years or 2 years where
there is danger of death under
circumstances laid down in Art 391 of
NCC
3.) Well-founded belief of present spouse
who wishes to remarry that absent spouse
is already dead
MISTAKE IN IDENTITY
An instance of fraud which makes marriage
annullable. (CC)
Mistake in indentity is a ground for nullity of
marriage (FC)
Example:
Basta namarry mo yung twin. Due to complete
absence of consent, marriage is void ab initio
IMPORTANT : contracting party absolutely
did not intend to marry the other, as the
same is not the person he/she actually
knew before marriage.
This covers only situations in which there
has been a mistake on part of party seeking
 Aleezah Gertrude Regado
PERSONS AND FAMILY RELATIONS NOTES

nullification of marriage as to ACTUAL that solemnizing officer had the legal

PHYSICAL IDENTITY OF THE OTHER authority to do so
5.) Marriages contracted through mistake of
DOES NOT COVER one of the parties as to Physical Identity
1.) Mistake in name (Ebak pala apilido niya)
of the Other
2.) Character of person (Chaka pala siya
6.) Subsequent marriages that are not void
after all this time)
3.) His or her attributes (Jafake pala nose under Art 53 of FC
niya)
4.) Age (Jutanders na pala siya)
5.) Social Standing (Mahirap pala siya)
6.) Pedigree (dog food? Charot joke.)
7.) Pecuniary means
8.) Temperaments
9.) Acquirements
10.)Conditions in life
11.) Previous habit

VOID UNDER ARTICLE 53

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.
For persons whose marriages has been
annulled or declared null and void to be able
to validly marry again, they must undertake
the liquidation, partition and distribution of
their properties, if any and only in proper
cases, he delivery of childrens presumptive
legitimes and thereafter all these
requirements including decree of annulment
or nullity should be recorded in appropriate
civil registry and registries of property

OKAY LETS SUMMARIZE!!!!!!

VOID MARRIAGES DUE TO ABSENCE OF

ANY OF THE ESSENTIAL OR FORMAL
REQUISITES
[B.B-L.A .PI.S]
1.) Contracted by any party Below 18 years
of age even with parental consent
2.) Bigamous or polygamous marriage
except as provided in Art 41
3.) Solemnized without License except as
otherwise provided
4.) Solemnized by any person not legally
Authorized to perform marriages unless
one or both parties believed in good faith

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