a.m. et al. e.g. ibid. id i.a. i.e. LL.B. M.A. Ph.D. p.m. Re R.I.P.

Ante Meridiem et alii exempli gratia ibidem idem inter alia id est Legum Baccalaureus Magister Artium Philosophiae Doctor Post Meridiem in re requiescat in pace

before midday and others, and co-workers for example, for instance in the same place (book) the same(man) among others that is, in other words bachelor of laws Master of arts Teacher of Philosophy After midday in the matter of, concerning nay he/she rest in peace ead. Eadem the same(woman)

Annulment, Divorce and Legal Separation in the Philippines: Questions and Answers There are many questions relating to annulment and divorce in the Philippines, and many of the concerns of our readers had already been addressed in previous articles. Nevertheless, to consolidate everything for everyones easy reference, here are the FAQs on annulment and divorce in the Philippines: Is divorce allowed under Philippine laws? No, divorce is not allowed in the Philippines. However, there are certain instances wherein the divorce secured abroad by the foreigner-spouse, and even by former Filipinos, are recognized under Philippine laws. Is annulment different from a declaration of nullity of marriage? Yes. In essence, annulment applies to a marriage that is considered valid, but there are grounds to nullify it. A declaration of nullity of marriage, on the other hand, applies to marriages that are void or invalid from the very beginning. In other words, it was never valid in the first place. Also, an action for annulment of voidable marriages may prescribe, while an action for declaration of nullity of marriage does not prescribe. So, if a marriage is void from the very beginning (void ab initio), theres no need to file anything in court? For purposes of remarriage, there must be a court order declaring the marriage as null and void. Entering into a subsequent marriage without such court declaration means that: (a) the subsequent marriage is void; and (b) the parties open themselves to a possible charge of bigamy. What if no marriage certificate could be found? Justice Sempio-Dy, in the Handbook of on the Family Code of the Philippines (p. 26, 1997 reprint), says: The marriage certificate is not an essential or formal requisite of marriage without which the marriage will be void. An oral marriage is, therefore, valid, and failure of a party to sign the marriage certificate or the omission of the solemnizing officer to send a copy of the marriage certificate to the proper local civil registrar, does not invalidate the marriage. Also the mere fact that no record of marriage can be found, does not invalidate the marriage provided all the requisites for its validity are present. (Citations omitted) Can I file a petition (annulment or declaration of absolute nullity of marriage) even if I am in a foreign country? Yes, the rules recognize and allow the filing of the petition by Filipinos who are overseas.

What are the grounds for annulment? 1. Lack of parental consent in certain cases. If a party is 18 years or over, but below 21, and the marriage was solemnized without the consent of the parents/guardian. However, the marriage is validated if, upon reaching 21, the spouses freely cohabited with the other and both lived together as husband and wife. 2. Insanity. A marriage may be annulled if, at the time of marriage, either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife. 3. Fraud. The consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife. Fraud includes: (i) non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude; (ii) concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband; (iii) concealment of sexually transmissible disease or STD, regardless of its nature, existing at the time of the marriage; or (iv) concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage. However, no other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage. 4. Force, intimidation or undue influence. If the consent of either party was obtained by any of these means, except in cases wherein the force, intimidation or undue influence having disappeared or ceased, the complaining party thereafter freely cohabited with the other as husband and wife. 5. Impotence. At the time of marriage, either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable. Impotence is different from being infertile. 6. STD. If, at the time of marriage, either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable. If the STD is not serious or is curable, it may still constitute fraud (see No. 3 above). What if a spouse discovers that his/her spouse is a homosexual or is violent, can he/she ask for annulment? Homosexuality or physical violence, by themselves, are not sufficient to nullify a marriage. At the very least, however, these grounds may be used as basis for legal separation. How is legal separation different from annulment? The basic difference is this in legal separation, the spouses are still considered married to each other, and, thus, may not remarry. Is legal separation faster than annulment? Not necessarily. The petitioner in a legal separation, just like in an annulment, is still required to prove the allegations contained in the petition. More important is the mandatory 6-month cooling off period in legal separation cases. This is not required in annulment or declaration of nullity cases. The court is required to schedule the pre-trial conference not earlier than six (6) months from the filing of the petition. This period is meant to give the spouses an opportunity for reconciliation. What are the grounds for legal separation? 1. Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner. 2. Physical violence or moral pressure to compel the petitioner to change religious or political affiliation. 3. Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement. 4. Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned. 5. Drug addiction or habitual alcoholism of the respondent. 6. Lesbianism or homosexuality of the respondent. 7. Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad. 8. Sexual infidelity or perversion. 9. Attempt by the respondent against the life of the petitioner.

10. Abandonment of petitioner by respondent without justifiable cause for more than one year. The term child shall include a child by nature or by adoption. Should I file a petition for legal separation, can I use my own sexual infidelity as a ground? It is interesting to note that among the grounds for legal separation, as listed above, only sexual infidelity or perversion is not qualified by the phrase of the respondent or by respondent. This may give the impression that the sexual infidelity of the petitioner, or the one who filed the petition, may be used as a ground in legal separation. We must consider, however, that legal separation is filed by the innocent spouse or the aggrieved party against the guilty spouse. What happens if after learning that your husband (or wife) is unfaithful (No. 8 above), you still co-habitate with him/her? This may be construed as condonation, which is a defense in actions for legal separation. In addition to condonation, the following are the defenses in legal separation: 1. Consent. 2. Connivance (in the commission of the offense or act constituting the ground for legal separation). 3. Mutual guilt (both parties have given ground for legal separation). 4. Collusion (to obtain decree of legal separation). 5. Prescription (5 years from the occurence of the cause for legal separation). If youre separated from your spouse for 4 years, is that a sufficient ground for annulment? No. De facto separation is not a ground for annulment. However, the absence of 2 or 4 years, depending on the circumstances, may be enough to ask the court for a declaration of presumptive death of the absent spouse, in which case the petitioner may again re-marry. See Can someone remarry without going to court due to absence or separation? What are the grounds for declaration of nullity of marriage? 1. Minority (those contracted by any party below 18 years of age even with the consent of parents or guardians). 2. Lack of authority of solemnizing officer (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. Absence of marriage license (except in certain cases). 4. Bigamous or polygamous marriages (except in cases where the other spouse is declared as presumptively dead). 5. Mistake in identity (those contracted through mistake of one contracting party as to the identity of the other). 6. After securing a judgement of annulment or of asolute nullity of mariage, the parties, before entering into the subsequent marriage, failed to record with the appropriate registry the: (i) partition and distribute the properties of the first marriage; and (ii) delivery of the childrens presumptive legitime. 7. Incestous marriages (between ascendants and descendants of any degree, between brothers and sisters, whether of the full or half blood). 8. Void by reason of public policy. Marriages between (i) collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree; (ii) step-parents and step-children; (iii) parents-in-law and children-in-law; (iv) adopting parent and the adopted child; (v) surviving spouse of the adopting parent and the adopted child; (vi) surviving spouse of the adopted child and the adopter; (vii) an adopted child and a legitimate child of the adopter; (viii) adopted children of the same adopter; and (ix) parties where one, with the intention to marry the other, killed that other persons spouse, or his or her own spouse. 9. Psychological Incapacity. Psychological incapacity, which a ground for annulment of marriage, contemplates downright incapacity or inability to take cognizance of and to assume the basic marital obligations; not a mere refusal, neglect or difficulty, much less, ill will, on the part of the errant spouse. Irreconcilable differences, conflicting personalities, emotional immaturity and irresponsibility, physical abuse, habitual alcoholism, sexual infidelity or perversion, and abandonment, by themselves, also do not warrant a finding of psychological incapacity. We already discussed the guidelines and illustrations of psychological incapacity, including a case involving habitual lying, as well as the steps and procedure in filing a petition.

Annulment in the Philippines: Questions and Answers (Part 2) What specifically is the role of the Solicitor General in the process of annulment? Is it true that the SolGen is often the source of delay? The Solicitor General is authorized to intervene and take part in the proceedings for annulment and declaration of nullity of marriages before the RTC and on appeal to higher courts.The Solicitor General is the principal law officer and legal defender of the land. His intervention in the proceedings ensures that the interest of the State is represented and protected in proceedings for annulment and declaration of nullity of marriages by preventing collusion between the parties, or the fabrication or suppression of evidence. This is the express pronouncement of the Supreme Court. The SolGen may or may not appeal an annulment decision, and such decision is within its authority. In other words, its not true, and unfair to say, that the SolGen is the cause of delay. How long does an annulment process usually take? The entire process could take less than a year or, if youre unfortunate, years. There are so many factors that could delay the proceedings. You and your lawyer must be vigilant in making sure that the proceedings go smoothly. How much does it usually cost? This is a difficult question, primarily because there are so many variations. If you have absolutely limited resources, you could file the petition as a pauper litigant (for filing fees) and seek free legal aid (discussed below). If you engage the services of a private lawyer, the entire process may cost you at least Fifty Thousand Pesos (PhP50,000). If theres already a decision annulling my marriage, but the decision is appealed by the Office of the Solicitor General, is it ok to remarry? No. Unless and until the decision in your favor becomes final and executory (no motion for reconsideration or appeal was filed) and the other requisites have been complied with, you cant remarry.

Annulment in the Philippines: Questions and Answers (Part 3) My fiancee and I secured a marriage license, but no marriage ceremony was ever celebrated. I learned, however, that my wife is already using my surname in her documents, including her passport. Am I considered as married? No. A marriage license is valid only for 120 days, and any marriage contracted after that period is null and void. A woman cannot use his putative husbands surname in the absence of a valid marriage. After a year of marriage, my spouse and I agreed that our marriage is getting nowhere, and that we should go find someone else. We prepared an agreement that we both want an annulment. Would this be of any help in the annulment process? No. Agreement between the spouses is not a ground for annulment/declaration of nullity. On the contrary, as noted in a previous article, the Office of the Solicitor General (OSG) or the public prosecutor, as the case may be, is under legal obligation to make sure that theres no collusion between the parties. In fact, the grounds for annulment or the annulment itself is one of the issues EXPRESSLY removed by law from the matters that could be settled or compromised. Could I file a petition for annulment if my wife doesnt agree? Yes. The petition could still be filed, and the case could still continue, even if the other spouse (husband or wife) does not agree to, or even oppose, the petition. What if I cant find my spouse? Under the rules, summons must be served on the other spouse. This is generally done by serving the summons, together with a copy of the petition, on the other spouse. However, in case the other spouse could not be found, resort could be made to service of summons by publication. My wife (or husband) sent me a letter saying that wala na akong pag-ibig, ginamit lang kita or lets separate. Are these sufficient grounds for annulment? No. The law is always in favor of the validity of the marriage. A signed contract by the spouses that they agree to an annulment, as discussed above, is against the law, moral and public policy. Therefore, it is not valid.

My spouse, who is no longer a Filipino citizen, said that he/she will not object to end our marriage. Can I seek an annulment here in the Philippines or, if thats not possible, a divorce in the United States or anywhere abroad? Article 26 is clear that only the former Filipino (or the foreigner spouse) may seek a divorce abroad. In other words, even if a spouse is no longer a Filipino, the other spouse who is still a Filipino cant validly seek a divorce. I am a Filipino citizen, married to a foreigner. I discovered that my foreigner-spouse secured a divorce abroad and is now married to someone else. What should I do to be able to remarry? Is that unfair to the Filipino? This definitely seems unfair to the Filipino spouse, as the foreigner spouse (or the spouse who is no longer a Filipino) could remarry after securing a divorce. The Filipino spouse, on the other hand, must get hold of the divorce decree and have it recognized in Philippine courts. Dura lex, sed lex. The law may be harsh, but it is the law. If my spouse is confined to a mental hospital for years now, can I use that as a ground for annulment? Insanity is a ground for annulment, but it must be shown to be existent at the time of marriage (and, besides, it is subject to ratification by cohabitation). It could also be used to support the ground of psychological incapacity, but such must also be shown to be existent at the time of marriage and must appear to be incurable (among other requirements). Please note, however, that insanity is not synonymous with psychological incapacity. I believe that my marriage is null and void because my spouse had a previous marriage. What should I do to remove my marriage file at the National Statistics Office (NSO)? Nobody could simply remove any official record at the NSO, as this is a criminal offense. A petition for annulment or declaration of nullity (see distinction between a petition for annulment and a petition for declaration of nullity) must be filed in court and once a favorable decision is issued, the decree is registered with the pertinent civil registries and the NSO.

Annulment in the Philippines: Questions and Answers (Part 4) Are the grounds mentioned in Civil Code exclusive? If the reason does not fall within the grounds, will the annulment case prosper? The grounds for annulment or declaration of nullity of marriage, as the case may be, are provided under the Family Code, which amended the Civil Code. These grounds are exclusive. However, the specific facts or acts that support each ground may vary on a case to case basis. For instance, psychological incapacity (Art. 36) was purposely drafted without a specific definition. As noted by the SC in one case, judicial understanding of psychological incapacity may be informed by evolving standards, taking into account the particulars of each case, current trends in psychological and even canonical thought, and experience. The guidelines are not set in stone, the clear legislative intent mandating a case-to-case perception of each situation. What is the remedy if my spouse could not be found? Im having a difficult time starting the annulment process because I cant find my husband (or wife). The presence of the other spouse in the proceedings is not required, provided there is a valid service of summons. The summons is usually served by handing a copy to the other spouse. However, if the other spouse could not be found, service of summons is done through publication. The petitioner files a motion asking the court, for valid reasons, that summons be served through publication. My petition for annulment was granted, but before it became final, I remarried. Is my second marriage valid? No. The law provides that remarriage during the existence of a previous marriage is not valid. The mere fact of filing the petition, or the grant thereof without complying with all the requisites, is not a reason for contracting a subsequent marriage. My petition for annulment was denied even if my wife didnt appear. I didnt tell any lies during my testimony. Shouldnt the petition be granted considering that my wife didnt even appear and testify to the contrary? The absence of the other party is not enough ground to grant a petition for annulment or declaration of nullity of marriage. The court, in deciding whether to grant or deny a petition, must look at the sufficiency of the evidence supporting the ground used in the petition. The court may deny the petition if the evidence presented is not enough, even if the other spouse does not appear. The Solicitor General or the Public Prosecutor may even oppose the petition, on behalf of the State, if the grounds are not sufficient.

Im single and I was surprised to learn that a Marriage Certificate is on file with the NSO. My ex-boyfriend is reflected as my husband, but we didnt get married. What shall I do? Weve encountered variations of this problem a number of times. The common thread is this: there was absolutely no marriage, but for one reason or another, a marriage certificate ended up with the NSO. The good news is, its relatively easier to show that there indeed was no marriage. The bad news is, a petition still has to be filed to declare the alleged marriage as null and void.

Annulment in the Philippines: Questions and Answers (Part 5): Overseas Filipinos Edition Divorce is allowed in the country where Im located. Can I get a divorce here and would this be recognized in the Philippines? Some countries allow the filing of divorce by Filipinos within their jurisdiction. The problem, however, is a divorce obtained by a Filipino abroad is not recognized in the Philippines (but the rule is different if the divorce is secured by the foreign spouse). Its a useless exercise as far as Philippine law is concerned. If a divorce secured by my foreign spouse is recognized in the Philippines, what should I do? You need to file a petition for recognition of a foreign divorce decree with the appropriate court in the Philippines. Ask your lawyer to prepare the petition for you. See Judicial Recognition of Foreign Divorce Decree. Other related questions on foreign divorce decrees are discussed in that article. Would it make any difference if I marry abroad (where divorce is allowed) so I could get a divorce later on in that place? No. Filipinos are covered by the prohibition against divorce, regardless of wherever they get married (and regardless where they get a decree of divorce). This is based on the nationality principle which basically provides that Philippine laws affecting their status follow them wherever they may be. Would it make any difference if I later become a citizen of the other country? For instance, I was married in the Philippines and secured a divorce in the United States. Both of us are Filipinos and my spouse voluntarily signed the divorce papers. After the divorce, I married another guy, a former Filipino who had acquired U.S. citizenship. I am still a Filipino citizen. Is my previous marriage still valid in the Phils.? Yes, the first marriage is still considered valid in the Philippines because divorce between Filipinos, wherever secured and even if with the consent of both spouses, is not recognized under Philippine laws. In other words, as far as the Philippines is concerned, the second marriage is null and void. What if Im naturalized in another country and subsequently secures a divorce? Naturalization in a foreign country is one of the ways to lose Filipino citizenship. A Filipino who loses his citizenship through naturalization may secure a divorce decree abroad and have the valid divorce decree recognized in the Philippines through the proper process in court. If divorce is not allowed in the Philippines, does this mean that spouses have no remedy in getting out of a problematic marriage? While divorce is against public policy and is prohibited by law, the Family Code provides for certain grounds to annul a marriage or declare it as null and void. Why not allow divorce in the Philippines? Good question. But this is properly addressed to your representatives in the House and your Senators. As members of the legislative department, they have the power to make laws and change existing laws. Can I file the petition for annulment or declaration of nullity even if Im abroad? Yes. You could prepare and file the petition for annulment or declaration of nullity even if youre abroad. You could sign the document abroad and have it authenticated at the nearest Philippine embassy. You could then transmit the documents for filing here in the Philippines. Your lawyer should be able to guide you every step of the way, including the preparation and filing of the petition.

Prescription of Actions for Annulment in the Philippines (and Who may File Action) A petition for annulment may be denied for a number of reasons. Weve already discussed certain defenses, one of which is the expiration of the prescriptive period within which the petition should have been filed. A prescriptive period simply means that the petition based on a particular ground can no longer be filed beyond a given period. Of course, an action based on certain grounds, such as psychological incapacity, minority or other grounds for declaration of nullity, does not prescribe (see difference between annulment and declaration of nullity). Here are the prescriptive periods for each ground, as well as the person who is entitled to file the petition, as provided under Article 47 of the Family Code: 1. No parental consent. This covers anyone who was eighteen (18) or over, but below twenty-one (21) at the time of marriage, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party. Who may file the action: The spouse whose parent or guardian did not give his or her consent. Time frame: Within five years after attaining the age of twenty one (21). Who may file: The parent or guardian or person having legal charge of the minor. Time frame: At any time before his/her child reaches the age of twenty one (21). 2. Insanity. This means either party was of unsound mind, unless such party, after coming to reason, freely cohabited with the other as husband and wife. Who may file: The sane spouse who had no knowledge of the others insanity; by any relative, guardian or person having legal charge of the insane. Time frame: Any time before the death of either party. Who may file: The insane. Time frame: During a lucid interval or after regaining sanity. 3. Fraud. The consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife. Who may file: The injured party. Time frame: Within five (5 )years after the discovery of the fraud. 4. Force. This covers a marriage where consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife. Who can file: The injured party. Time frame: Within five (5) years from the time of the force, intimidation or undue influence disappeared or ceased. 5. Impotence. This is a situation wherein either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable. Who can file: The injured party (the one who is not impotent). Time frame: Within five (5) years after the marriage. 6. STD. Either party was afflicted with a sexually transmissible disease (STD) found to be serious and appears to be incurable. Who can file: The injured party. Time frame: Within five (5) years after the marriage.

A brief discussion on Infidelity, Concubinage, Adultery and Bigamy We previously noted that infidelity is not, by itself, a ground for annulment, although it could be a basis for legal separation or filing a case for adultery/concubinage. As to custody, the Supreme Court already ruled that sexual infidelity, by itself, is not sufficient to grant custody over a child. Lets continue the discussion on these concepts: What is concubinage? Concubinage is committed by any husband who shall keep a mistress in the conjugal dwelling, or, shall have sexual intercourse, under scandalous circumstances, with a woman who is not his wife, or shall cohabit with her in any other place (Article 334 of the Revised Penal Code or RPC). What is adultery? Adultery means the carnal relation between a married woman and a man who is not her husband, the latter knowing her to be married, even if the marriage be subsequently declared void (RPC, Article 333). Each sexual intercourse constitutes a crime of adultery.

What are the differences between adultery and concubinage? 1.Adultery is committed by a wife (who must also be charged together with the other man), while concubinage is committed by a husband (who must be charged together with the concubine). 2.Proof of sexual intercourse is enough in adultery, but in concubinage, the prosecution must prove that the sexual intercourse must be under scandalous circumstances, or that the husband kept a mistress in the conjugal dwelling or cohabited with her in any other place. 3.The penalty for concubinage is lower than that of adultery. The penalty for the concubine is only destierro, while the penalty for the man other in adultery is the same as that of the guilty wife. What is destierro? Destierro means banishment or only a prohibition from residing within the radius of 25 kilometers from the actual residence of the accused for a specified length of time. It is not imprisonment. Who can file the action for adultery or concubinage? Only the offended spouse can legally file the complaint for adultery or concubinage. The marital status must be present at the time of filing the criminal action. In other words, the offended spouse must still be married to the accused spouse at the time of the filing of the complaint. Who must be prosecuted? The offended party cannot institute the criminal charge without including both guilty parties (the offending spouse and the paramour), if both are alive. What is the effect of consent or pardon by the offended spouse? The criminal charge cannot prosper if the offended spouse has consented to the offense or pardoned the offenders. Pardon can be express or implied. An example of express pardon is when the offended party in writing or in an affidavit asserts that he or she is pardoning his or her erring spouse and paramour for their act. There is implied pardon when the offended party continued to live with his spouse even after the commission of the offense. Pardon must come before the institution of the criminal action and both offenders must be pardoned by the offended party. What is bigamy? Bigamy is basically the act of marrying again while the first marriage is still subsisting. It is defined under Article 349 of the RPC as the contracting of a second or subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead by means of a judgment rendered in the proper proceeding. What are the elements that must be proved in a prosecution for bigamy? In a case for bigamy, all the following matters or elements must be shown by the prosecution: 1. The offender has been legally married. 2. The 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. He/she contracts a second or subsequent marriage. 4. The second or subsequent marriage has all the essential requisites for validity. What is the effect of a pending petition for annulment or a declaration of nullity of marriage on a criminal case for bigamy? We already have a previous discussion on this. Please click here. How is bigamy different from adultery/concubinage? In adultery/concubinage, the law requires that both culprits, if both are alive, should he prosecuted or included in the information. In bigamy, the second spouse could be charged only if she/he had knowledge of the previous undissolved marriage of the accused. Bigamy is a public offense and a crime against status, while adultery and concubinage are private offenses and are crimes against chastity. In adultery/concubinage, pardon by the offended party will bar the prosecution of the case, which is not so in bigamy.

What if I killed or injured my spouse when I caught him/her in the act of committing sexual intercourse with another person? The law provides that any legally married person who, having surprised his spouse in the act of committing sexual intercourse with another person, shall kill any of them or both of them in the act or immediately thereafter, or shall inflict upon them any serious physical injury, shall suffer the penalty of destierro (RPC, Article 247). The accused spouse, which could be the husband or the wife, must prove the following: 1.A legally married person (or a parent) surprises his spouse (or his daughter, under 18 years of age and living with him), in the act of committing sexual intercourse with another person. 2.He or she kills any or both of them or inflicts upon any or both of them any serious physical injury in the act or immediately thereafter. 3.He has not promoted or facilitated the prostitution of his wife (or daughter) or that he or she has not consented to the infidelity of the other spouse. The accused must proved that he/she actually surprised the other spouse in flagrante delicto (or in the act of doing the deed), and that he/she killed the other spouse and/or the other party during or immediately thereafter.

Dam Operator liable for Negligence in Flooding The recent flooding recently caused by the heavy rainfall brought by Typhoons Ondoy and Pepeng has caused tremendous damage to life and property. Also recently, there are threats to sue the dam operators who were allegedly negligent in releasing water too late and without sufficient warning. This brings to mind the old case of National Power Corporation vs. Court of Appeals (G.R. No. L-47379, 16 May 1988). Typhoon Welming hit Central Luzon in 1967, passing through the Angat Hydro-Electric Project and Dam of the National Power Corporation (NPC or Napocor) in Norzagaray, Bulacan. The heavy downpour caused the water in the Angat Dam reservoir to rise perilously to a danger height of 212 meters above sea level. Napocor caused the opening of the sppillway gates to to prevent an overflow of water from the dam. The Engineering Construction, Inc. (ECI), which had been doing construction work also in Norzagaray, suffered losses to its equipment and properties when the extraordinary large volume of water rushed out of the spillway gates and hit ECIs installations and construction works. Napocor was found to be negligent because it opened the spillway gates of the Angat Dam only at the height of typhoon Welming. NPC knew of the coming typhoon at least four days before it actually struck. NPC also knew it was safer to have opened the spillway gates gradually and earlier. A typhoon is an act of God. However, according to the Supreme Court, even though the typhoon was an act of God or what we may call force majeure, NPC cannot escape liability because its negligence was the proximate cause of the loss and damage. If upon the happening of a fortuitous event or an act of God, there concurs a corresponding fraud, negligence, delay or violation or contravention in any manner of the tenor of the obligation as provided for in Article 1170 of the Civil Code, which results in loss or damage, the obligor cannot escape liability. The principle embodied in the act of God doctrine strictly requires that the act must be one occasioned exclusively by the violence of nature and human agencies are to be excluded from creating or entering into the cause of the mischief. When the effect, the cause of which is to be considered, is found to be in part the result of the participation of man, whether it be from active intervention or neglect, or failure to act, the whole occurrence is thereby humanized, as it was, and removed from the rules applicable to the acts of God. Thus, it has been held that when the negligence of a person concurs with an act of God in producing a loss, such person is not exempt from liability by showing that the immediate cause of the damage was the act of God. To be exempt from liability for loss because of an act of God, he must be free from any previous negligence or misconduct by which the loss or damage may have been occasioned.

Lack of parental consent or parental advice: Effect on validity of marriage I was 20 years old when I got married, but my parents didnt know that I was married. Is my marriage valid? A number of discussions, through the comments in various posts, center on the validity of marriage without the knowledge or consent of parents. Lets have a general discussion on this one. Can I use parental consent and parental advice interchangeably? What are the differences? No, parental consent and parental advice CANNOT be used interchangeably. Parental consent is required when either or both of the contracting parties are between the ages of eighteen (18) and twenty-one (21). Parental advice, on the other hand, is required if either or both of the contracting parties is/are between the age of twenty-one (21) and twenty-five (25). The parental consent or parental advice, as the case may be, is required during the application for a marriage license. Similarities and other differences are discussed below. What happens if parental consent is required, but not secured or given? The marriage is voidable, subject to the filing of a petition for annulment. In other words, the marriage is valid until annulled. There are two limitations: 1. It could be filed only on behalf of the party who is between 18 and 21 at the time of marriage. 2. The petition could no longer be filed after the concerned party reaches 21 and freely cohabited with the other, and both lived together as husband and wife. The marriage is considered ratified if no petition is timely filed. Could the parents give their consent to the marriage of their child who is below 18 years old? The marriage of a person below 18 years of age, even with the consent of the parents, are void ab initio (void from the very beginning). Capacity to marry of both parties is an essential requisite of marriage, the absence of which renders the marriage null and void. What happens if parental advice is required, but not secured or given? The validity of the marriage is not affected. If the parties do not obtain such advice, or if it be unfavorable, the marriage license shall not be issued till after three (3) months following the completion of the publication of the application. If the marriage license is issued before the lapse of this period, then the responsible parties shall be civilly, criminally and administratively liable. How is the parental consent given? The applicants shall exhibit to the local civil registrar, during the application for a marriage license, the consent to their marriage by their father, mother, surviving parent or guardian, or persons having legal charge of them, in the order mentioned. The consent may be: (1) manifested in writing by the interested party, who personally appears before the proper local civil registrar; or (2) in the form of an affidavit made in the presence of two witnesses and attested before any official authorized by law to administer oaths. How is parental advice submitted during the application for marriage license? 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. The local registrar didnt issue a marriage license for lack of parental consent, but we found someone who could marry us without a license. Our parents later learned of the marriage and gave their consent. Is our marriage valid? No. A marriage solemnized without a valid marriage license is void from the beginning (unless it falls under the exceptions). It doesnt matter if the parents gave their consent.

Ownership of Philippine Land by Foreigners Aliens, as a general rule, are not allowed to own real property in the Philippines. By aliens, we dont mean creatures from outer space, but persons who are citizens of other countries. By general rule, we mean that there are certain exceptions, and two of such exceptions are discussed below.

The prohibition on foreigners owning Philippine lands is embodied in no less than the Philippine Constitution. This, in fact, is one of the usual reason cited by those who want to revise or amend the Constitution. The Constitution provides: Save in cases of hereditary succession, no private lands shall be transferred or conveyed except to individuals, corporations, or associations qualified to acquire or hold lands of the public domain. (Article XII, Section 7) Its clear from this provision that private land may be transferred only to persons or entitles who/which has the capacity to acquire or hold lands of the public domain. Those who are qualified to acquire or hold lands of the public domain are as follows: 1.Filipino citizens. 2.Corporations at least 60% of the capital of which is owned by Filipinos. In other words, the Constitution explicitly prohibits non-Filipinos from acquiring or holding title to private lands. Among the exceptions are as follows: (1) transfer to an alien by way of legal succession; or (2) if the acquisition was made by a former natural-born citizen. The 1987 Constitution provides that: Notwithstanding the provisions of Section 7 of this Article, a natural-born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of private lands, subject to limitations provided by law. (Art. XII, Sec. 8) The Supreme Court reiterated this general rule in a recent case (Borromeo vs. Descallar, G.R. No. 159310, 24 February 2009). The Court also reiterated the consistent ruling that if land is invalidly transferred to an alien who subsequently becomes a Filipino citizen or transfers it to a Filipino, the flaw in the original transaction is considered cured and the title of the transferee is rendered valid.

Extrajudicial Settlement of Estate: Basic Discussion When a person dies intestate (which means he left no will) the competent court shall appoint a qualified administrator for the estate. The same rule applies even if the person dies testate (which means that he left a will) if the will failed to name an executor in his will, or if the named executor is incompetent, or refuses the trust, or fails to furnish the bond required by the Rules of Court. One exception to this is the extrajudicial settlement of estate. We have a previous discussion on wills and probate of wills (see Basic Concepts in Estate Proceedings and Basic Discussion on Last Will and Testament). A will must be presented in court, through probate proceedings, and this judicial process may take some time. A much faster way of disposing of properties left behind by the deceased person, known as the decedent, is through an extrajudicial settlement of estate. An extrajudicial settlement of estate, however, presupposes that the decedent left no will. We already noted that a person who has custody of a will is under obligation to produce it. Here are the requirements for a valid extrajudicial settlement of estate: 1. The decedent left no will. 2. The decedent left no debts, or if there were debts left, all had been paid. 3. The heirs are all of age, or if they are minors, the latter are represented by their judicial guardian or legal representatives. 4. The partition was made by means of a public instrument or affidavit duly filed with the Register of Deeds. The affidavit must be executed by the heirs and must contain the necessary allegations to support a valid extrajudicial settlement of estate. The affidavit shall be published in a newspaper of general circulation, once a week for three (3) consecutive weeks.