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Note: Mistakes in the application or interpretation of difficult or doubtful provisions of law may be the
basis of good faith and has been given the same effect as a mistake of fact, which may excuse one
from the legal consequences of his conduct (Art. 526, 2155, NCC).
Waiver is contrary to law, public order, public policy, morals or good customs;
If the waiver is prejudicial to a third party with a right recognized by law.
Alleged rights which really do not yet exist, as in the case of future inheritance
If the right is a natural right, such as right to be supported.
No publication required, binding on parties after the lapse of appeal period, and will bind all future
cases with identical facts, until reversed by SC.
They are part of the law as of the date of the enactment of said law because the Supreme Courts
interpretation merely establishes the contemporaneous legislative intent that the construed law
purports to carry into effect (People v. Licera G.R. No. L-39990, July 2, 1975).
HOWEVER, when a doctrine is overruled and a different view is adopted, the new doctrine should be
applied prospectively and should not prejudice parties who relied on the old doctrine (People v.
Jabinal G.R. No. L-30061, February 27, 1974).
CUSTOMS (Arts. 11 and12)
1.
2.
3.
4.
5.
6.
Exception:
Exceptions:
Exceptions:
(CIAO)
Capacity to succeed
Intrinsic validity of the will
Amount of successional rights
Order of succession
Nationality Rule
Basis for determining personal law of an individual is his Basis for determining personal law is his CITIZENSHIP
DOMICILE
5. Renvoi Doctrine: Occurs when a citizen of another country dies as a domiciliary of another
country. Where the conflict rules of the forum refer to a foreign law, and the latter refers it back to
the internal law, the law of the forum shall apply.
Transmission Theory: If the foreign law refers it to a third country, the said countrys law shall
govern.
6. Doctrine of Processual Presumption
The foreign law, whenever applicable, should be proved by the proponent thereof; otherwise,
such law shall be presumed to be exactly the same as the law of the forum.
HUMAN RELATIONS
ABUSE OF RIGHT (Art. 19)
Elements: (LEP)
1. Existence of a legal right or duty;
2. Which is exercised in bad faith;
3. For the sole intent of prejudicing or injuring another.
Doctine of Violenti Non Fit Injuria (to which a person assents is not esteemed in law as injury)
refers to self-inflicted injuries or to the consent to injury which precludes the recovery of damages by
one who has knowingly and voluntarily exposed himself to danger, even if he is not negligent in doing
so (Nikko Hotel Manila Garden, et all vs. Roberto Reyes (Amay Bisaya) G.R. No. 154259, Feb. 28,
2005).
Damnum Absque Injuria (damage without injury) A person who exercises his legal right does no
injury. HOWEVER, it cannot be said that a person exercises a right when he unnecessarily prejudices
another or offends morals or good customs.
When damages result from a persons exercise of rights, it is damnum absque injuria (ABS-CBN
v. Republic Broadcasting Corp. G.R. No. 128690, January 21, 1999).
Elements: (L-C-I)
1. There is a legal act;
2. But which is contrary to morals, good customs, public order or public policy; and,
3. It is done with intent to injure.
Articles 19, 20 and 21 are related to one another and under these articles, an act which causes injury
to another may be made the basis for an award of damages (Albenson Enterprises Corp. v. CA, G.R.
No. 88694, January 11, 1993).
Articles 19 and 21 refer to INTENTIONAL acts while Article 20 pertains either to WILLFUL or
NEGLIGENT acts, which must be contrary to law. (Ibid.)
It is not necessary that the payment be made by Payment was made by mistake is an essential element
mistake, payment could have been made knowingly to maintain the action for recovery.
and voluntarily but nevertheless, there would be
recovery of what has been paid
Requisites: (JELA)
1. Defendant has been enriched;
2. Enrichment is without just or legal ground;
3. Plaintiff has suffered a loss; and
4. He has no other action based on contract, quasicontract, crime or quasidelict.
Note: For a more comprehensive discussion of Articles 19-35, please see discussion thereof under
Torts.
Capacity To Act
Power to do act with legal effects (Art. 37)
Passive
Active
Inherent
Merely acquired
Restrictions on Capacity to Act do not exempt the incapacitated person from certain obligations as
when the latter arise from his acts or from property relations such as easements (Art. 38): (MID-PC)
1.
2.
3.
4.
5.
Minority
Insanity or imbecility
State of being deaf mute
Prodigality
Civil interdiction
Family Relations;
Insanity;
Imbecility;
Insolvency;
Trusteeship;
Penalty;
Prodigality;
Age;
Alienage;
Absence; and
State of being deaf-mute.
Note: The consequences of the restrictions and modifications in a persons capacity to act are
provided by the Civil Code, other codes, special laws, and the Rules of Court.
JURIDICAL PERSONS
The following are juridical persons:
1. State and its political subdivisions
2. Corporations, institutions and entities for public purpose or interest
3. Corporations, partnership 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
(Art. 44)
Creation:
1. For (1) and (2), by the laws creating or recognizing them; government corporations are created by
their special charters passed by the legislature
2. Private corporations are governed by BP 68; and
Note: The estate of a deceased should be considered an artificial or juridical person for the purposes
of the settlement and distribution of his estate which include the exercise during the judicial
administration thereof of his rights and the fulfillment of obligations which survived after his death
(Limjoco vs. Intestate Estate of Pedro Fragrante, No. L770 April 27, 1948).
Cessation of Civil Personality
1. If natural persons: by death (Art. 42)
The effect of death upon the rights and obligations of the deceased is determined by law,
contract, and by will because some rights and obligations survive the death of a person
2. If juridical persons: by termination of existence
Dissolution of private corporations is governed by Title IV of the Corporation Code
Dissolution of corporations for public interest or purposes is governed by the provisions of
their respective charters and in its absence by the Corporation Code
10
Special contract
Marriage
Ordinary Contract
Merely a contract
Social institution
Merely a contract
Permanent Union
Breach of obligations of husband and wife does not
give rise to an action for damages. The law provides
penal and civil sanctions such as prosecution for
adultery or concubinage and proceedings for legal
separation.
Can be dissolved only by death or annulment, not by
mutual agreement
11
3. IRREGULARITY in any of the formal requisites: Does NOT affect the validity of the marriage BUT
will hold the party responsible for such irregularity civilly, criminally and administratively liable
Exception: Marriage is VOIDABLE where contracting party 18 years old or over but below 21
without the consent of the parents
Authority of Solemnizing Officer
It is not the presence/absence of the solemnizing officer which constitutes the formal requirement but
the absence/presence of the authority of such solemnizing officer at the time of the solemnization of
the marriage.
General Rule: The Solemnizing officer is not duty bound to investigate whether the marriage license
was regularly issued.
12
If so, it may be presumed that the said official fulfilled the duty to ascertain whether the
contracting parties fulfilled the requirements of law (People vs. Janssen)
Exception: In cases of marriage in articulo mortis, in remote places, and between a man and a
woman living together as husband and wife for at least 5 years without legal impediment to marry
each other
Solemnizing officer must take steps to ascertain the ages, relationship, and qualifications of
contracting parties (Art. 29)
Automatically canceled at the expiration of the period if contracting parties have not made use of
it (Art. 20)
The requirement that the parties or one of them must reside in the place of the issuance of the
license is a mere formal requirement. If there is no compliance with the same, the defect is a
mere infirmity that does not affect the validity of the marriage (Ty vs. Court of Appeals, 2003).
When either or both parties are foreign citizens, they must first submit a CERTIFICATE OF
LEGAL CAPACITY TO MARRY issued by their diplomatic/consular officials before marriage
license can be obtained (Art. 21)
Exception: Marriage of both foreign citizens will be solemnized by their countrys consul-general
assigned in the Philippines, if their countrys law allows the same
13
The 5year period should be computed on the basis of cohabitation as husband and wife
where the only missing factor is the marriage contract to validate the union (ex: if both
cohabited at the age of 17, counting starts when parties reach 18 years)
This 5year period should be the years immediately before the day of the marriage and it
should be a period of cohabitation characterized by EXCLUSIVITY meaning no legal
impediment was present at any time within the 5 years and CONTINUITY that is unbroken
(Republic v. Dayot, G.R. No. 175581,March 8, 2008)
4. In articulo mortis
Remains valid even if ailing party subsequently survives (Art. 27)
5. In remote places
Residence of either party is so located that there is no means of transportation to enable them
to personally appear before the local civil registrar (Art. 28)
Marriage Ceremony
There is no particular form prescribed by the Family Code.
The absence of two witnesses of legal age is merely an irregularity but the party responsible for the
irregularity shall be civilly, criminally, and administratively liable.
Marriages by proxy
1. If it was solemnized in the Philippines, the marriage is VOID because physical appearance is
required under Art. 6.
2. If performed abroad, whether between Filipinos or foreigners or mixed, the controlling article is
Art. 26 of the Family Code.
Authorized Venues of Marriage (Art. 8)
General Rule: Must be solemnized publicly, and not elsewhere, in the:
1. Chambers of the judge or in open court
14
FOREIGN MARRIAGE
Validity of Marriage
General Rule: Where one or both parties to the marriage are citizens of the Philippines, the foreign
marriage is valid in this country if solemnized in accordance with the laws of the country of
celebration. (Art. 26)
In case a Filipino contracts a foreign marriage which is null and void in the place where it was
solemnized, the same shall also be null and void in the Philippines even if such was valid if
celebrated under Philippine laws
If both are foreigners, lex loci celebrationis applies
Exceptions: Foreign marriages shall not be recognized in the Philippines if: (B2MA-PIP)
1.
2.
3.
4.
15
divorce decree because the reckoning point is their citizenship at the time a valid divorce is
obtained abroad by the alien spouse capacitating the latter to remarry. (Rep. vs. Cipriano
Obrecido III, G.R. No. 154380, Oct. 5, 2005)
In Edgar San Luis v. Felicidad Sagalongos (G.R. No. 134029, February 6, 2007), whether a
Filipino who had been divorced by his alien spouse abroad may validly remarry in the
Philippines considering that the marriage was solemnized before the Family Code, it was held
that it need not retroactively apply the provisions of the Family Code, particularly Article 26,
par. (2), considering that there is sufficient jurisprudential basis allowing the retroactivity of the
Family Code.
There must be a showing that the divorce decree gave the foreigner spouse legal capacity to
remarry because in some jurisdictions, remarriage may be limited or prohibited (Bayot vs.
Bayot, G.R. No. 155635 & 163979, November 7, 2008).
16
A person who is unable to distinguish between fantasy and reality would be unable to comprehend
the legal nature of the marital bond much less its psychic meaning and the obligations attached to the
marriage, including parenting. One unable to adhere to reality cannot be expected to adhere as well
to any legal or emotional commitments (Antonio v. Reyes, G.R. No. 155800, March 10, 2006)
While disagreements on money matters would, no doubt, affect the other aspects of ones marriage
as to make the wedlock unsatisfactory, this is not a sufficient ground to declare a marriage null and
void. In fact, the Court takes judicial notice of the fact that disagreements regarding money matters is
a common, and even normal, occurrence between husbands and wives. (Tongol vs. Tongol, G.R. No.
157610, October 19, 2007)
Petitioner is not entitled to moral damages based on declaration of psychological incapacity because
the award of moral damages should be predicated, not on the mere act of entering into the marriage,
but on specific evidence that it was done deliberately and with malice by a party who had known of his
or her disability and yet willfully concealed the same. (Noel Buenaventura v. CA, et al., G.R. No.
127358, March 31, 2005)
Essential Elements: (MAVFFCCI)
1.
2.
3.
4.
5.
6.
7.
8.
Mental condition
Applies to a person who is maritally contracted to another
Marriage entered into with volition
Failure to perform or comply with the essential obligations in marriage
Failure to perform is chronic
Cause is psychological in nature
Cause is serious, with juridical antecedence, and must be incurable
Incapacity results in the failure of the marriage.
Jurisprudential Guidelines (Molina Doctrine) (Republic v. Molina G.R. No. 108763, February 13,
1997): (PROBE PIG)
1. Plaintiff has burden of proof;
2. Root cause of the psychological incapacity must be:
a. Medically or clinically identified
b. Alleged in the complaint:
i. Sufficiently proven by experts
ii. Clearly explained in the decision
3. Incapacity proven to be existing at the time of the celebration of marriage;
4. Incapacity must be permanent or incurable;
5. Illness is grave enough to bring about disability to assume essential marital obligations;
6. Marital obligations refer to Art. 6871, 220,221 and 225 of the FC;
7. Interpretations of the National Appellate Matrimonial Tribunal of the Catholic Church of the
Philippines while not controlling should be given great respect;
8. Trial court must order the prosecuting attorney or fiscal and the Solicitor General to appear for the
state.
Note: The SC held in Te vs. Te (G.R. No. 161793, February 13, 200) as decisive the psychological
evaluation made by the expert witness and thus ruled that the marriage of the parties is null and void
on the ground of both parties psychological incapacity. The clinical psychologist did not personally
examine the respondent, and relied only on the information provided by petitioner. Further, the
psychological incapacity was not shown to be attended by gravity, juridical antecedence, and
incurability, deviating from Republic vs. CA and Molina (1997) ruling, upon the Courts reasoning that
the impositions of the Molina case were inappropriate, as cases of psychological incapacity should be
decided not on the basis of a priori assumptions, predictions or generalizations but according to its
own facts. Courts should interpret the provision on a case-to-case basis; guided by experience, the
findings of experts and researchers in psychological disciplines, and by decisions of church tribunals.
17
The complete facts should allege the physical manifestations, if any, as are indicative of
psychological incapacity at the time of the celebration (Sec. 2(d) A.M. No. 02-11-10-SC, March
15, 2003)
There is NO REQUIREMENT that the person sought to be declared psychologically incapacitated
should be personally examined by a physician/ psychologist as a condition sine qua non to arrive
at such declaration. It can be proven by independent means that one is psychologically
incapacitated, There is no reason why the same should not be credited. (Republic of the
Philippines vs. Laila Tanyag-San Jose and Manolito San Jose, G.R. No. 168328, February 28,
2007)
Psychological incapacity is not meant to comprehend all possible cases of psychoses. The fourth
guideline in Molina requires that the psychological incapacity as understood under Art. 36 (FC) must
be relevant to the assumption of marriage obligations, not necessarily to those not related to
marriage, like the exercise of a profession or employment in a job (Tongol vs. Tongol, G.R. No.
157610, October 19, 2007).
The new Rule promulgated by the SC on 4 March 2003 on Annulment and Declaration of Nullity of
Marriage dispensed with the certification from the Solicitor General, stating therein his reasons for his
agreement or opposition to the petition. Attachment of expert opinions to the petition is also dispensed
with (Tongol vs. Tongol, G.R. No. 157610, October 19, 2007).
Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages (A.M.
No. 02- 11- 10 SC, March 15, 2003), provides option to the trial judge to refer the case to a courtappointed psychologist/ expert for an independent assessment and evaluation of the psychological
state of the parties, in order to assist the court to arrive at an intelligent and judicious determination of
the case.
Note: Final judgment denying a petition for nullity on the ground of psychological incapacity bars a
subsequent petition for declaration of nullity on the ground of lack of marriage license. There is res
judicata (Mallion vs. Alcantara, G.R. No. 141528, October 31, 2006).
Incestuous marriages, whether the relationship is legitimate or illegitimate, between (Art. 37):
1. Ascendants & Descendants of any degree;
2. Brothers & Sisters whether full or halfblood
18
Collateral blood relatives whether legitimate or illegitimate up to the 4th civil degree
Stepparents & step children
Parentsinlaw & childreninlaw
The adopting parent & the adopted child
The surviving spouse of the adopting parent & the adopted child
The surviving spouse of the adopted child & the adopter
Adopted child & a legitimate child of the adopter
Adopted children of the same adopter
Parties where one, with the intention to marry the other, killed the latters spouse, or his/her
spouse.
There is no need for conviction in a criminal case of the guilty party. The fact of killing
committed by one of the parties to the marriage can be proved in a civil case
Voidable
Decree of nullity
Decree of annulment
Incapable of ratification
Generally
Conjugal
Community
Always void
Action prescribes
19
Partnership
or
Absolute
20
If the absentee reappears, but no step is taken to terminate the subsequent marriage either by
affidavit or by court action, such absentees mere reappearance, even if made known to the
spouses in the subsequent marriage will not terminate such marriage (SSS v. Bailon, G.R. No
165545, March 24, 2006).
Judgment declaring a spouse presumptively dead is unappealable because the proceedings
thereon are summary in nature as per Art. 153 FC. The remedy is special civil action for certiorari
(Heirs of Maura So vs. Obliosca, G.R. No. 147082, January 28, 2008).
See Comparative Chart on Effects of Declaration of Nullity, Annulment and Termination of Marriage in
Art. 41 and Legal Separation.
21
Doctrine of Triennial Cohabitation Presumption that the husband is impotent should the wife still
remain a virgin for at least 3 years from time spouses started cohabiting.
6. Sexually transmissible disease of either party found to be serious and appears to be incurable.
Elements: (ESSA)
a.
b.
c.
d.
The enumeration in Article 46 is EXCLUSIVE (Anaya vs. Palaroan, GR. No. L27930, November 26,
1970).
Note: Misrepresentation as to character, health, rank, fortune or chastity is NOT a ground for
annulment.
Grounds (F2I2NS)
Force, intimidation, or
undue influence
Prescrip-tive
Period
W/in 5 years from the
time
the
force,
intimidation, or undue
influence ceased
22
Ratifi-cation
Free cohabita-tion after
disap-pearance of force,
intimida-tion / undue
influence respect-tively
Injured party
Incapabi-lity to consummate
Injured party
No ratification since
defect is permanent
Insanity
Anytime
before
the
death of either party
Relative, guardian or
persons having legal
charge of the insane
Anytime
before
the
death of either party
Insane spouse
No consent party
W/in 5 years
reaching 21
Injured party
Non consent
STD
after
No ratifica-tion since
defect is perma-nent.
Note: Whichever comes first may convalidate the marriage: Cohabitation OR Prescription.
Additional Requirements for Annulment or Declaration of Nullity
Prosecuting attorney or fiscal should:
1. Appear on behalf of the state
2. Take steps to prevent collusion between the parties
3. Take care that evidence is not fabricated or suppressed
Collusion
Public Prosecutor shall be ordered by the court to investigate and to submit a report on whether
parties are in collusion when:
1. No answer is filed or the answer does not tender an issue;
2. Respondent filed his answer but failed to appear at the pre-trial (Secs. 8(3) and 13(b), A.M. No.
02-11-12-SC, March 15, 2003)
Note: The same also applies to Legal Separation pursuant to Secs. 5(c) and 10(2) of A.M. No. 02-1111-SC, March 15, 2003.
There will be collusion only if the parties had arranged to make it appear that a ground existed or had
been committed although it was not, or if the parties had connived to bring about a matrimonial case
23
LEGAL SEPARATION
Exclusive Grounds: (SAMBALIPAD)
1. Repeated physical violence or grossly abusive conduct directed against the petitioner, a common
child, or a child of the petitioner
24
2. Attempt of the 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
Refers to prostitution only and irrespective of the age of the child
3. Attempt by the respondent against the life of the petitioner
4. Final judgment sentencing the respondent to imprisonment of more than 6 years even if pardoned
5. Drug addiction or habitual alcoholism of the respondent
6. Lesbianism or homosexuality of the respondent
7. Abandonment of the petitioner by the respondent without justifiable cause for more than 1 year
There must be absolute cessation of marital relations, duties, and rights, with the intention of
perpetual separation (Partosa-Jo vs. CA, G.R. No. 82606, December 18, 1992).
Abandonment implies total renunciation of duties.
8. Physical violence or moral pressure to compel petitioner to change religious or political affiliation
9. Contracting by respondent of a subsequent bigamous marriage; and
10. Sexual infidelity or perversion.
Sexual perversion includes engaging in such behavior not only with third persons but also
with the spouse
CoolingOff Period 6-month period from the filing of the petition designed to give the parties
enough time to further contemplate their positions with the end in view of attaining reconciliation
between them. No action for Legal Separation shall be tried during such period (Art. 58). It is a
mandatory requirement and its non-compliance makes the decision infirm. (Pacete vs. Carrianga,
G.R. No. 53880, March 17, 1994)
Grounds for Denial of Petition (Art. 56): (C4MPDR)
1. Condonation of the offense or act complained of. But failure of the husband to look for his
adulterous wife is NOT condonation to wife's adultery (Ocampo vs. Florenciano, G.R. No. L
13553, February 23, 1960).
The act of the husband in having sexual intercourse with his wife in spite of his knowledge of
the latters infidelity is an act of implied condonation. (Ginez v. Bugayong, G.R. No. L-10033,
December 28, 1956)
2. Consent to commission of offense or act complained of
3. Connivance between parties of commission of offense or act constituting ground
Connivance is corrupt consenting
4. Collusion between parties
Collusion is corrupt agreement between the spouses to procure divorce or legal separation
5. Mutual Guilt or where both parties have given ground for legal separation
6. Prescription
An action for legal separation shall be filed within 5 years from time of occurrence of the
cause (Art. 57)
7. Death of either party during the pendency of the case (LapuzSy vs. Eufemio, G.R. No. 113842,
August 3, 1994)
8. Reconciliation of the spouses during the pendency of the case
25
By filing in the same proceeding a joint manifestation under oath, duly signed by the spouses
(Art. 65)
26
Termination
Declaration Of Nullity
Annulment
Legal Separation
(Art.41)
(Art. 40)
(Art. 45)
(Art. 55)
No
dissolution
of
marriage,
only
separation of bed-andboard; entitled to live
separately
Marital Status
Subsequent
marriage
automatically terminated
by
affidavit
of
reappearance
Legitimate
Legitimate
Custody of Children
Custody in case of
dispute shall be decided
by the court in separate
proceedings for custody
but same considerations
as in Declaration of Nullity
During Pendency:
1.
2.
Written Agreement
Absence thereof, court decides based on best interest of child and may award
it in the following order of preference:
a. Both parents jointly
b. Either parent, may consider choice of child over 7 years unless parent
chosen is unfit
c. Surviving grandparent, if several then choice of child over 7 years unless
grandparent chosen is unfit/ disqualified
d. Eldest brother/sister over 21unless unfit/ disqualified
e. Any other person deemed by court who is suitable
After Decree:
To the innocent spouse but no child under 7 shall be separated from the mother
unless there are compelling reasons
Child Support
During pendency:
1.
2.
Written agreement
In the absence thereof, from properties of the absolute community of property
(ACP) or conjugal partnership (CP)
After Decree:
Either parent/ both may be ordered by court to give an amount necessary for
support in proportion to resources/means of giver and necessities of recipient
Spousal Support
During pendency:
1.
2.
3.
Written agreement
In the absence thereof, from properties of the ACP or CP, considered as
advance to be deducted from share during liquidation
Restitution if after final judgment court finds that persons providing support
27
1.
2.
ACP or CP shall be
dissolved
and
liquidated.
Offending
spouse
has no right to any
share of net profits
earned by ACP or
CP
Net profits shall be
forfeited in favor of
common children, or
if none, children of
guilty spouse by
previous marriage,
or in default thereof,
the innocent spouse
Presumptive Legitime
1.
2.
1.
2.
1.
2.
3.
4.
1.
2.
3.
28
1.
2.
Donor
is
given
option to revoke or
not, if donor decides
to revoke, must do
so within 5 years
from
finality
of
decree
But if ground for
legal separation is
sexual
infidelity
(adultery
or
concubinage),
donation
between
persons
guilty
thereof at time of
donation is void (Art.
739(1)NCC)
of
Innocent spouse may revoke designation of spouse in bad faith as beneficiary even if
stipulated as irrevocable (Art. 43(4))
Succession
1.
2.
1.
2.
29
Offending
spouse
disqualified
from
inheriting
from
innocent spouse by
intestate succession
Provisions in favor
of offending spouse
made in the will of
innocent spouse are
revoked
by
operation of law
(Art. 63(4))