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1|Page LAWYERS IN THE MAKING FROM ST.

THOMAS MORE SCHOOL OF LAW AND BUSINESS

EFFECTS AND APPLICATIONS OF


PERSONS AND LAWS
FAMILY RELATIONS ARTICLE 1: This Act shall be known as
the Civil Code of the Philippines.
CIVIL CODE OF THE PHILIPPINES
R.A. 386 New Civil Code took effect on August
AUGUST 30, 1950 30, 1950.
LAW - rule of conduct, just, obligatory, ARTICLE 2: Laws shall take effect after
promulgated by legitimate authority, and fifteen (15) days following the completion
of common observance and benefit. of their publication in the Official Gazette,
(Sanchez Roman) unless it is otherwise provided. This Code
shall take effect one year after
CHARACTERISTICS: publication.
1. Rule of Human Conduct;
2. Promulgated by competent authority; Laws take effect:
3. Obligatory; and General Rule Fifteen (15) days after
complete publication in the Official
4. Of general observance.
Gazette or Newspaper of General
Circulation. (Repealed by E.O. 200)
DIVISION OF LAW Exception When the law specifically
1. General or Public provides its effectivity date, e.x, earlier
International Law or over than fifteen (15) days.
Constitutional Law Publication is MANDATORY.
Administrative Law Publication must be in full since its
Criminal Law purpose is to inform the public of its
2. Individual or Private contents.
Civil Law Effects of Publication: The people are
Mercantile Law (Commercial Law, deemed to have conclusively been
Negotiable Instrument.) notified of the law even if they have
Procedural Law (Remedial Law) not read them.
o How, when, where to file? Covered by Publication Requirement:
Presidential Decrees, Executive Orders
KINDS OF LAW and Administrative Rules and
1. Mandatory Regulations (if their purpose is to
Commands something to be done. enforce or implement existing law
2. Prohibitory pursuant to a valid legislation.)
Commands that something should Not Covered by Publication
not be done. Requirement: Interpretative and
3. Permissive Administrative Regulations internal in
Commands that what it permits to be nature, Letters of Instructions and
done should be tolerated or Municipal Ordinances (because they
respected. are covered by the Local Government
Code.)
CODIFICATION OF LAWS
ARTICLE 3: Ignorance of the law excuses
CODE
no one from compliance therewith.
A collection of laws of the same
kind; a body of legal provisions Ignorance of the law excuses no one
referring to a particular branch of from compliance therewith. (Ignorantia
the law. Juris Neminem Excusat)
PH started codification in 1940 at Purpose: That every person knows the
the time of President Manuel L. law is a conclusive presumption.
Quezon influenced by Roman, Article 3 only applies on Mandatory and
Spanish, English and American Prohibitory Laws.
Civil Laws.
PROCESSUAL PRESUMPTION
CIVIL CODE
Absent evidence as to foreign law
A collection of laws which regulate and any contrary evidence thereto,
private relations of the members such law is presumed to be the
of the civil society, determining same as our domestic law.
their respective rights and
obligations, with reference to Ignorance of Law Ignorance of Fact
persons, things and civil actions. Want of knowledge Want or knowledge
CHAPTER 1 or acquaintance with of some fact
the laws of the land constituting or

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insofar as they apply relating to the These are laws which must be
to the act, relation, subject matter in complied with for they are expressive
duty, or matter hand. It excuses or is of public policy.
under consideration. a ground for relief.
Directory or Permissive Laws
Ex: Ignorance of PH Ex: Ignorance of
LAWS Foreign Laws. Uses the word may.
The observance of such law is not
necessary to the validity of an act.
ARTICLE 4: Laws shall have no Violation of such law does not render
an act void or illegal.
retroactive effect, unless the contrary is
provided.

Retroactivity: when a law is made Mandatory Directory Provision


applicable to situations or acts already Statutory
done before the passage of said law. Provision
Prospectivity: when a law is only made One which must Optional for the
applicable to all situations or acts done be observed. department or officer
after the passage of said law. to which it is addressed
to obey or not.
Retroactivity:
General Rule Laws are not retroactive
but prospective.
Exceptions: ARTICLE 6: Rights may be waived,
1. Penal Laws (when favourable to
unless the waiver is contrary to law,
the accused)
2. Tax Laws public policy, morals or good customs, or
3. When the law itself EXPRESSLY prejudicial to a third person with a right
provides recognized by law.
Exception to the exception:
a. Ex post facto law
b. When retroactivity impair Rights: a right is a legally enforceable
the Obligation of Contract
claim of one person against another, that
4. Remedial Statutes
the other shall do a given act, or shall not
5. Curative Statute
do a given act. It is the power or privilege
6. Emergency laws
given to one person and as a rule
7. Laws Creating New Rights
demandable of another.
(EXEMPTION: if it impairs vested
Waiver: the intentional or voluntary
right)
relinquishment of a known right or such
Habitual Delinquent conduct as warrants inference of the
Any person who, within a period of ten relinquishment of such right. A waiver may
(10) years, from the day of his release be express or implied.
or last conviction of the crimes of:
Requisites of a Valid Waiver:
Serious Physical Injury; 1. The person waiving must be
Less Serious Physical Injury; capacitated to make the waiver.
Robbery; 2. The waiver must be clear and
Theft; unequivocal, but not necessarily
Estafa; or express.
Falsification. 3. The person waiving must actually
have the right which he is
ARTICLE 5: Acts executed against the renouncing.
provisions of Mandatory or Prohibitory 4. The waiver must not be contrary to
Laws shall be void, except when the law law, public order, public policy,
itself authorizes their validity. morals or good customs.
5. The waiver must not be prejudicial to
General Rule Acts violating a third person with a right recognized
Mandatory and Prohibitory Laws are by law.
VOID. 6. When formalities are required as in
Exception: (A.V.V.) the case of express Condonation of
1. When the law itself authorizes debt (mandating the formalities of
their validity. donation, the formalities must be
2. When the law makes the act only complied with.
voidable and not void.
3. When the law makes the act valid Examples of right which cannot be
but punishes the violator. waived:
Mandatory and Prohibitory Laws 1. Natural Right (right to life)
Uses the word shall. 2. Right which do not yet exist (future
The violation of such law renders the inheritance)
act void. 3. Renunciation of which would infringe
upon public policy (right to be heard
in court)

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4. When the waiver is prejudicial to a the silence, obscurity or insufficiency of


third person with a right recognized the law.
by law.
This article provides that even if a law is
obscure, vague or insufficient in its
guidance, the judge is nevertheless
ARTICLE 7: Laws are repealed only by enjoined to give a decision. A judge
subsequent ones, and their violation or must give a decision, whether he knows
non-observance shall be excused by what law to apply or not.
disuse, or custom, or practice to the This article only applies to civil cases
contrary. and not to criminal cases because of the
legal maxim Nullum Crimen, Nulla
When the courts declare a law to be Poena Sine Lege. (There is no crime
inconsistent with the Constitution, the when there is no law condemning the
former shall be void and the latter shall act.) Therefore, if somebody is accused
govern. of a non-existing crime, the judge must
dismiss the case.
Summary: Judges can decline to give
Administrative or executive acts, orders
judgement involving criminal cases but
and regulations shall be valid only when cannot decline to render judgement to
they are not contrary to the laws or the civil cases.
Constitution.
ARTICLE 10: In case of doubt in the
Laws lose their effectivity by: interpretation and application of laws, it is
1. Repeal presumed that the law-making body
The action of revoking or annulling a intended right an justice to prevail.
law or congressional act. (Amendment)
2. Self-Cancellation DURA LEX SED LEX (The Law may be
Due to the lapse of their period of hard but it is the law.)
effectivity (ex. Gun Ban) This article only applies if there is doubt
3. Declaration of Nullity on the meaning of the law.
Due to unconstitutionality If there is no doubt as to the meaning of
the law, the court must apply it whether
it be wise or not, whether just or unjust.
In case of doubt, the judge should
Kinds of Repeal presume that the law-making body
intended right and justice to prevail.
1) Express Repeal repeal of repealing If the law is interpreted in two (2) ways,
law will not revive the old law (unless interpretation desired by the Congress
expressly provided) must be adopted.
2) Implied Repeal the provisions of the
subsequent law are incompatible with ARTICLE 11: Customs which are contrary
those of the previous law. to law, public order or public policy shall
not be countenanced.
ARTICLE 8: Judicial decisions applying or
ARTICLE 12: A custom must be proved
interpreting the laws or the Constitution
as a fact, according to the rules of
shall form part of the legal system of the
evidence.
Philippines.
JUDICIAL DECISIONS Definition of Customs
Are not laws but are evidences that have Rules of conduct formed by repetition of
the force and effect of law. acts, uniformly observed as a social rule,
Publication is not necessary before it legally binding and obligatory.
takes effect; therefore, publication is Usage: It is a repetition of acts, and
dispensable with respect to Judicial differs from a custom in that the latter is
Decisions. the law or general rule which arises from
such repetition. There may be a usage
STARE DECISIS without a custom but there cannot be a
A doctrine that refers to adherence to custom without usage accompanying or
precedents for the purpose of stability preceding it.
in law.
Once a case has been decided, then LAW CUSTOMS
another case, involving exactly the Law is written, A custom is
same point at issue, should be decided consciously made, unwritten,
and enacted by spontaneous, and
in the same manner.
Congress. comes from society.
Law is superior to custom because the
ARTICLE 9: No judge or court shall Constitution is the supreme law of the land.
decline to render judgment by reason of Thus, the Constitution disregards result in the

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usurpation of the majesty of law by the should really be the next day, provided
pretenders to illegitimate power. said day is neither a Sunday nor a legal
holiday.
Requisites for making a Custom an
obligatory rule: ARTICLE 14: Penal laws and those of
public security and safety shall be
1. A custom must be proved as fact according obligatory upon all who live or sojourn in
to the rules of evidence. Philippine territory, subject to the
2. The custom must not be contrary to law, principles of public international law and
publics order and public policy. to treaty stipulations.
3. There must be a number of repeated acts.
4. The repeated acts must have been PRINCIPLE OF TERRITORIALITY
uniformly performed. General Rule:
5. There must be juridical intention to make a Our civil laws do not apply to aliens
rule of social conduct. who are governed by their national law.
6. There must be sufficient lapse of time. However, with respect with the RPC,
we adhere to the Principle of
KINDS OF CUSTOMS Territoriality such that any offense
committed within our territory offends
1. General Customs
the State.
Prevailing throughout the country and
Therefore, the State has the power to
become the law of that country, and
prosecute and punish offenders, may
their existence is to be determined by
he be a citizen or an alien. Reason of
the court.
such is because aliens owe some sort
2. Local Customs
of allegiance even if it be temporary.
Prevailing only in some particular district
Exceptions:
or locality, or some city, locality, or
town.
1) Under the Principles of Public
3. Particular Customs International Law
Affects only the inhabitants of some - Ex: Immunities granted to
particular district. diplomatic officials or foreign
ambassadors visiting the PH,
unless they travel in cognito (a
person who wants to remain
ARTICLE 13: When the law speaks of anonymous to the world and
years, months, days or nights, it shall be others.)
understood that years are of three 2) Under Treaty Stipulations
- Ex: Phil-Us Military Bases
hundred sixty-five days each; months, of
Agreement which exempts certain
thirty days; days, of twenty-four hours; members of the Armed Forces of
and nights from sunset to sunrise. the US from the jurisdiction of our
courts.
If months are designated by their name,
they shall be computed by the number of ARTICLE 15: Laws relating to family
days which they respectively have. rights and duties, or to the status,
condition and legal capacity of persons
In computing a period, the first day shall are binding upon citizens of the
be excluded, and the last day included. Philippines, even though living abroad.

Article 15 refers to:


When the law speak of: Family rights and duties
Years = 365 Days Status
Months = 30 Days Condition
Days = 24 Hours Legal Capacity
Nights = Sunset to Sunrise
NATIONALITY THEORY
Jurisdictional principle that citizens are
For Ordinary Contracts, the general rule is
subject to the laws of their country, no
that an act is due even if the last day be a
matter where the citizens are.
Sunday or a legal holiday.
Note: PH follows this theory.
When the time refers to a period
prescribed or allowed by the: DOMICILIARY THEORY
a. Rules of Court Status, condition, obligations should be
b. By an order of the court; or governed by the law of his domicile.
c. By any other applicable statute.
If the last day is a Sunday or a legal
ARTICLE 16: Real property as well as
holiday, it is understood that the last day personal property is subject to the law of

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the country where it is situated. executed.

However, intestate and testamentary When the acts referred to are executed
successions, both with respect to the before the diplomatic or consular officials
order of succession and to the amount of of the Republic of the Philippines in a
successional rights and to the intrinsic foreign country, the solemnities
validity of testamentary provisions, shall established by Philippine laws shall be
be regulated by the national law of the observed in their execution.
person whose succession is under
consideration, whatever may be the Prohibitive laws concerning persons, their
nature of the property and regardless of acts or property, and those which have
the country wherein said property may be for their object public order, public policy
found. and good customs shall not be rendered
ineffective by laws or judgments
1ST PARAGRAPH promulgated, or by determinations or
conventions agreed upon in a foreign
LEX SITUS or LEX REI SITAE property country.
shall be governed by the law of the place
where it is situated.
1ST PARAGRAPH
It applies to lands as well as to immovable
in transactions like sale, lease, barter, LEX LOCI CELEBRATIONIS (Interpretation
mortgage or other forms of alienation of and validity of a contract are determined
property. by the law of the country where the
Death opens the door to succession. contract was made) this article follows
this principle insofar as extrinsic validity
2ND PARAGRAPH (forms and solemnities) is concerned.
The exception of Lex Situs rule. FORMS external appearance or legal or
This only applies only when a legal or technical manner to be observed in the
testamentary sucession has taken place preparation of the contract, will or other
in the Philippines. public instruments for validity purposes.
Preferred issues are: SOLEMNITIES Those that must be
o Order of Succession observed for the purpose of: Validity,
Enforceability and Convenience.
o Amount of successional rights
o Intrinsic validity of the provisions of a 2nd PARAGRAPH
will
o Capacity to succeed The exception to the General Rule.
This paragraph recognizes the Principle of
RENVOI DOCTRINE Exterritoriality.
PRINCIPLE OF EXTERRITORIALITY
Referring Back where a law refers a extension of the territory of a country in
case to another country for solution, but another which extension is recognized
the law of the country refers it back to our under international law. (Ex: Embassy)
country for determination.
Case: Aznar vs. Garcia 3rd PARAGRAPH
TRANSITION THEORY a theory involving
three (3) countries. Related to Article 15.
ARTICLE 15: Laws relating to family
INTESTATE rights and duties, or to the status,
condition and legal capacity of persons
Without a will. are binding upon citizens of the
Legal or intestate heirs shall inherit the Philippines, even though living abroad.
estate.
ARTICLE 18: In matters which are
TESTATE governed by the Code of Commerce and
Deceased left either: special laws, their deficiency shall be
1. Notarial Will; or supplied by the provisions of this Code.
2. Holographic Will.
a. Entirely Handwritten; Civil Code is suppletory in nature
b. Dated by the testator in each
page; and This article speaks of deficiencies ad not
c. Signed by the testator in each inconsistencies.
page. If the Code of Commerce or Special Laws
are insufficient, the Civil Code shall be
ARTICLE 17: The forms and solemnities applied to supply the deficiency.
of contracts, wills, and other public General Rule: Conflict between the Civil
Code and a Special Law, the latter
instruments shall be governed by the
prevails.
laws of the country in which they are

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Exception: (1) In the law on common DAMAGES


carriers, the Code of Commerce supplies Damages are recoverable even though no
the insufficiency; and (2) In insolvency positive law has been violated, but it is
cases, the insolvency law supplies the necessary that the act should have been
deficiency. wilfully done and should be contrary to
morals, good customs or public policy.
CHAPTER 2
HUMAN RELATIONS Purpose Art. 21 Art. 20
As to what The act is The act is
the act is contrary to contrary to
Human Relations contrary to morals, good law.
customs, or
Refers to rules needed to govern the public policy.
interrelationships of human beings in a As to the The act is The act is
society for the purpose of maintaining manner done wilfully. done either
the act is wilfully or
social order.
committed negligently.
ARTICLE 19: Every person must, in the
exercise of his rights and in the
ARTICLE 22: Every person who through
performance of his duties, act with
an act or performance by another, or any
justice, giver everyone his due, and
other means, acquires or comes into
observe honesty and good faith.
possession of something at the expense
GOLDEN RULE OF THE CIVIL CODE: of the latter without just or legal ground,
To act with justice; shall return the same to him.
Give everyone his due; and
Observe honesty and good faith. PRINCIPLE OF UNJUST ENRICHMENT
Nemo Cum Alterius Detrimento
PRINCIPLE OF ABUSE OF RIGHTS Locupletari Portest (No one shall unjustly
The exercise of a right ends when the enrich himself at the expense of another.)
right disappears and it disappears when it ACCION IN REM VERSO
is abused, especially to the prejudice of This action is for recovery of what has
others. been paid without just cause, there is no
Act with justice, give everyone his mistake in the delivery.
due. Solution Indebiti (Art. 2145) This action
Several articles elaborate this phrase, is for recovery of payment which was
like: made in mistake.
a. Art. 20 Indemnification of another
due to illegal acts.
b. Art. 21 Indemnification due to Requisites for Unjust Enrichment to
immoral acts. prosper:
c. Art. 22 Unjust Enrichment. 1. That the defendant has been enriched;
d. Art. 24 Unfair Competition 2. That the plaintiff has suffered a loss;
3. That the enrichment of the defendant
ARTICLE 20: Every person who, contrary is without just or legal ground; and
to law, wilfully or negligently causes 4. That the plaintiff has no other action
damage to another, shall indemnify the based on contract, quasi-contract,
crime or quasi-delict. (sources of obligation.)
latter for the same.

INDEMNIFICATION FOR DAMAGES ARTICLE 23: Even when an act or event


It covers situations when the law does not causing damage to anothers property
provide its own sanctions, as well as legal was not due to the fault or negligence of
wrongs not constitutive of breach of the defendant, the latter shall be liable
contract. for indemnity if through the act or event
It covers: he was benefited.
a. Torts based on malice; and
b. Torts based on negligence. DAMAGES BASED ON EQUITY
Negligence the failure to observe for Illustration 1: As house is on fire. C
the protection of the interests of another destroyed the house of B in order to save
person that degree of care, precaution his own property from burning. C is
and vigilance which the circumstances clearly benefited; therefore, C is liable for
greatly demand, whereby such other damages to B.
person suffers injury. Illustration 2: Without As knowledge, a
ARTICLE 21: Any person who wilfully flood occurred driving his cattle to go up
causes loss or injury to another in a in the highlands of B. As cattle are saved
manner that is contrary to morals, good but leaving Bs crops destroyed. A was
customs or public policy shall compensate not at fault but he is benefited. It is right
the latter for the damage. and equitable that A should indemnify B.

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ARTICLE 24: In all contractual, property alienated from his friends;


or other relations, when one of the parties 4. Vexing or humiliating another on
is at a disadvantage on account of his account of his religious beliefs, lowly
moral dependence, ignorance, indigence, station in life, place of birth, physical
mental weakness, tender age or other defect, or other personal condition.
handicap, the courts must be vigilant for
his protection. Protection of Human Dignity
(Take Note: There should be a phrase The
NON SUI JULIS (Not Capacitated) following and similar acts: before discussing
This law is made for the purpose of Undue the scope.)
Influence. SCOPE:
The Handicapped must be protected. Prying into the privacy of anothers
The phrase vigilant for his protection residence Any act of intrusion into,
means that in case of doubt, the doubt peeping or peering inquisitively into the
must be resolved in favor of the
residence of another without the consent of
underdog.
the latter.
DOCTRINE OF PARENS PATRIAE Meddling with or disturbing the
Means father or parent of his country. private life or family relations of
In this doctrine, the state has the another The alienation of the affections
sovereign power of guardianship over of the husband and wife.
persons over persons under disability. Intriguing to cause another to be
The state is considered parens patriae of alienated from his friends Gossiping
minors. and reliance on hearsay.
Vexing or humiliating another on
ARTICLE 25: Thoughtless extravagance account of his religious beliefs, lowly
in expenses for pleasure or display during station in life, place of birth, physical
a period of acute public want or defect, or other personal condition
emergency may be stopped by order of
criticism on ones health or features
the courts at the instance of any
without justifiable legal cause.
government or private charitable
institution. ARTICLE 27: Any person suffering
material or moral loss because a public
servant or employee refuses or neglects,
THOUGHTLESS EXTRAVAGANCE
Display of Wealth.
without just cause, to perform his official
Reason: Thoughtless extravagance duty may file an action for damages and
during times of emergency may incite the other relief against the latter, without
passions of those who cannot afford to prejudice to any disciplinary
spend. It is made to avoid social administrative action that may be taken.
instability or insecurity.
Nonfeasanc Misfeasance Malfeasanc
Requisites for filing an action to stop e e
Thoughtless Extravagance: Did not do. Done but Not
1. There is Thoughtless Extravagance of not right. allowed to
expenses; do.
2. The extravagance is for pleasure or Omission of The The doing
an act which improper of an act
display; a person doing of an which a
3. There is a period of acute public want ought to do. act which a person
or emergency; and person ought not
4. The case is filed in court by a might to do at all.
governmental institution or private lawfully do.
charitable institution.
This article only applied Nonfeasance.
ARTICLE 26: Every person shall respect Take not that Good Faith is not a defense.
the dignity, personality, privacy and
peace of mind of his neighbors and other
persons. The following and similar acts, Requisites for Filing an Action
though they may not constitute a criminal A public servant or employee refuses or
neglects to perform his official duty;
offense, shall produce a cause of action
There is no valid reason for the refusal or
for damages, prevention and other relief: neglect to perform official duty;
That injury or damage is suffered by the
1. Prying into the privacy of anothers plaintiff.
residence;
2. Meddling with or disturbing the private ARTICLE 28: Unfair competition in
life or family relations of another; agricultural, commercial or industrial
3. Intriguing to cause another to be enterprises, or in labor through the use of

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force, intimidation, deceit, machination or Criminal Action Civil Action


any other unjust, oppressive or Nature Affects Social Affects Private
highhanded method shall give rise to a Order Right
Purpose Punishment or Reparation of
right of action by the person who thereby correction of damages
suffers damage. the offender. suffered by
the aggrieved
UNFAIR COMPETITION party.
It consists in employing deception or any Degree Proof beyond Preponderanc
other means contrary to good faith by of Proof reasonable e of Evidence.
which any person shall pass off the goods Required doubt.
manufactured by him or in which he
deals, or his business, or services for
those of the one having established DEPENDENT CIVIL ACTION
goodwill, or committing any acts All civil actions are dependent except:
calculated to produce such results. Article 31
Two (2) liabilities: (Civil action not based on delict.)
Civil because it affects social order. Article 32
Criminal it affects private rights. (Violation of civil liberty by a public
employee/official or private person.)
Article 33
CIVIL ACTION FOR DAMAGES (Fraud, defamation and physical
injury can file a separate civil action.)
ARTICLE 29: When the accused in Article 34
criminal prosecution is acquitted on the (Nonfeasance of municipal or city
police force to render aid or
ground that his guild has not been proved
assistance in times of danger without
beyond reasonable doubt, a civil action just cause.)
for damages for the same act or omission Article 2176
may be instituted. Such action requires (Quasi-delict)
only a preponderance of evidence. Upon
motion of the defendant, the court may ARTICLE 30: When separate civil action
require the plaintiff to file a bond to is brought to demand civil liability arising
answer for damages in case the from a criminal offense, and no criminal
complaint should be found to be proceedings are instituted during the
malicious. pendency of the civil case, a
preponderance of evidence shall likewise
If in a criminal case the judgment of be sufficient to prove the act complained
acquittal is based upon reasonable doubt, of.
the court shall so declare. In the absence
of any declaration to that effect, it may be SEPARATE CIVIL ACTION
inferred from the text of the decision Could be prosecuted during the pendency
whether or not the acquittal is due to that of criminal action as long as there is no
ground. double recovery of damages. This
happens when the offended party
Every person criminally liable for a institutes a civil action separately before
felony is also civilly liable. Art. 100, the prosecution starts to present its
evidence.
RPC:
A subsequent civil action may be barred
by the accused if it is found to be
malicious.
Art. 29 is based on Art. 100 of the Revised Article 30 refers to a situation where no
Penal Code. criminal case has been filed during the
Civil liabilities include: pendency of the civil case. However, the
Restitution action will be suspended if in the
Reparation of Damage Caused meantime, the criminal case is filed.
Indemnification for Consequential Preponderance of Evidence the
Damages quantum of evidence required to
Exceptions where no civil liability shall prosecute a civil action.
arise:
1. The fact from which the civil action ARTICLE 31: When the civil action is
may arise did not exist;
based on an obligation not arising from
2. The accused did not commit the
crime; the act or omission complained of as a
3. No crime existed (but prescription of felony, such civil action may proceed
the criminal action does not bar the independently of the criminal proceedings
filing of action for civil damages.) and regardless of the result of the latter.
(INDEPENDENT CIVIL ACTION)

INDEPENDENT CIVIL ACTION

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One that is brought distinctly and by himself and counsel, to be


separately from a criminal case allowed informed of the nature and cause of
for consideration of public policy, because the accusation against him, to have a
the proof needed for civil cases is less speedy and public trial, to meet the
than that required for criminal cases.
witnesses face to face, and to have
The bringing of an independent civil
action is permissive, not compulsory. compulsory process to secure the
The civil action is no longer deemed attendance of witness in his behalf;
impliedly instituted with the criminal 17) Freedom from being compelled to be
action. a witness against ones self, or from
No double recovery. being forced to confess guilt, or from
being induced by a promise of
SOURCES OF OBLIGATION (Art. 1157) immunity or reward to make such
Law confession, except when the person
Contracts confessing becomes a State witness;
Quasi-Contracts 18) Freedom from excessive fines, or cruel
Delict (Crimes) dependent civil action
or unusual punishment, unless the
Quasi-Delict
same is imposed or inflicted in
TAKE NOTE accordance with a statute which has
Art. 31 contemplates a case where the not been judicially declared
obligation does not arise from a crime, unconstitutional; and
but from some other act in the Sources of 19) Freedom of access to the courts.
Obligation except Delict.
In any of the cases referred to in this
ARTICLE 32: Any public officer or article, whether or not the defendants
employee, or any private individual, who act or omission constitute a criminal
directly or indirectly obstructs, defeats, offense, the aggrieved party has a right to
violates or in any manner impedes or commence an entirely separate and
impairs any of the following rights and distinct civil action for damages, and for
liberties of another person shall be liable other relief. Such civil action shall proceed
to the latter for damage: independently of any criminal prosecution
(if the latter be instituted), and may be
1) Freedom of religion; proved by a preponderance of evidence.
2) Freedom of speech;
3) Freedom to write for the press or to The indemnity shall include moral
maintain a periodical publication; damages. Exemplary damages may also
4) Freedom from arbitrary or illegal be adjudicated.
detention;
5) Freedom of suffrage; The responsibility herein set forth is not
6) The right against deprivation of demandable from a judge unless his act
property without due process of law; or omission constitutes a violation of the
7) The right to a just compensation when Penal Code or other penal statute.
private property is taken for public (INDEPENDENT CIVIL ACTION)
use;
8) The right to the equal protection of TAKE NOTE
the laws; Art. 32 talks about damages upon public
9) The right to be secure in ones officer or employee or any private person,
person, house, papers, and effects who directly or indirectly obstructs,
against unreasonable searches and defeats, violates, or in any manner
seizures; impairs all nineteen (19) listed rights and
10) The liberty of abode and of changing liberties.
the same; General Rule: Good faith is not a
defense for the impairment or violation of
11) The privacy of communication and
the fundamental rights listed under
correspondence; Article 32.
12) The right to become a member of Exception: Judges are immune from
associations or societies for purposes damages if it happens that they have
not contrary to law; violated or impaired rights or liberties
13) The right t take part in a peaceable under this Article for the reason that one
assembly to petition the government cannot question the judges decision.
for redress of grievances; Exception to the Exception: If judges
14) The right to be fee from involuntary have violated Art. 204, 205, 206 and 207
servitude in any form; of the RPC.
15) The right of the accused against
ARTICLE 33: In cases of defamation,
excessive bail;
fraud, and physical injuries, a civil action
16) The right of the accused to be heard

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for damages, entirely separate and shall be suspended until the termination
distinct from the criminal action, may be of the criminal proceedings.
brought by the injured party. Such civil
action shall proceed independently of the TAKE NOTE
criminal prosecution, and shall require This is a procedural provision for the
only a preponderance of evidence. reservation of civil actions.
(INDEPENDENT CIVIL ACTION) Art. 35 talks about where the acts
committed constitute a criminal offense
but there is no Independent Civil Action
DEFAMATION, FRAUD & PHYSICAL
authorized by law.
INJURY Example of situations:
Article 33 means that if the cases of Where the Municipal Judge who is
Defamation, Fraud or Physical Injury authorized to conduct preliminary
would be dismissed, the offended party investigation dismisses a criminal case
can still file for damages. for lack of reasonable ground to hold
the accused for trial; or
EFFECTS OF INTERVENTION IN A When the public prosecutor fails to
CRIMINAL CASE institute any criminal case against the
Offended party cannot intervene with the alleged offender.
criminal case if he has filed a separate
civil action. ARTICLE 36: Prejudicial questions, which
If the Offended party intervenes, he must be decided before any criminal
cannot file for a civil action to recover
prosecution may be instituted or may
moral or exemplary damages.
proceed, shall be governed by the rules of
ARTICLE 34: When a member of a city or court which the Supreme Court shall
municipal police force refuses or fails to promulgate and which shall not be in
render aid or protection to any person in conflict with the provisions of this Code.
case of danger to life or property, such
PREJUDICIAL QUESTION
peace officer shall be primarily liable for
Based on a fact distinct and separate
damages, and the city or municipality from the crime but so intimately
shall be subsidiarily responsible therefor. connected with it that it determines the
The civil action herein recognized shall be guilt or innocence if the accused, and for
independent of any criminal proceedings, it to suspend the criminal action, it must
and a preponderance of evidence shall appear not only that said case involves
suffice to support such action. facts intimately related to those upon
(INDEPENDENT CIVIL ACTION) which the criminal prosecution would be
based but also that in the resolution of
TAKE NOTE the issue raised in the civil case, the guilt
Primarily Liable: Police Officer. or innocence of the accused would be
Subsidiarily Liable: City or Municipality. necessarily determined.
(If the Police Officer is Insolvent) In raising a prejudicial question, file a
motion to suspend the proceedings.

ARTICLE 35: When a person, claiming to ELEMENTS OF PREJUDICIAL QUESTION:


be injured by a criminal offense, charges 1. The Civil action involves an issue
similar or intimately related to the
another with the same, for which no
issue raised in the criminal action; and
independent civil action is granted in this 2. The resolution of such issue
Code or any special law, but the justice of determines whether or not the criminal
the peace fins no reasonable grounds to action may proceed.
believe that a crime has been committed,
or the prosecuting attorney refuses or INVOKING PREJUDICIAL QUESTION
fails to institute criminal proceedings, the Prejudicial question can be invoked either
complainant may bring a civil action for during the preliminary investigation or at
damages against the alleged offender. any time before the prosecution has
Such civil action shall be supported by rested its case.
preponderance of evidence. Upon the
defendants motion, the court may
require the plaintiff to file a bond to
indemnify the defendant in case the
complaint should be found to be BOOK 1
malicious. PERSONS
TITLE 1 CIVIL PERSONALITY
If during the pendency of the civil action,
an information should be presented by CHAPTER 1
the prosecuting attorney, the civil action GENERAL PROVISION

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PERSONS RESTRICTIONS OF CAPACITY TO ACT


Refers to any being, whether natural or 1. Minority
artificial, susceptible of legal rights and 2. Insanity
obligations. 3. Imbecility
4. Deaf-Mute
TWO (2) KINDS OF PERSONS: 5. Prodigality
Natural Person refers to human beings. 6. Civil Interdiction
Juridical Person refers to entities created
by law or by a group or association of
men for certain lawful purposes. (ex. Minority
Corporations, cities.) - Persons below 18 years of age.
- Restrictions: cannot enter into a valid
PERSONALITY contract, cannot adopt, cannot make
The embodiment of a collection of or witness a will, cannot be an
qualities in a person. The quality of being administrator of an estate.
a person. Insanity
- Legal term for mental disorder.
STATUS - Defect in the brain that manifests in
State or condition. language or conduct that impairs
The legal relation of an individual to the intellective faculties.
rest of the community.
- The court can appoint somebody to act
The rights, duties, capacities and
in his behalf.
incapacity which determine a person to a
- Restrictions: Cannot make a valid will
given class.
or testament, cannot enter into a valid
Characteristics of Status:
contract, cannot be an administrator of
It cannot be the subject of commerce. an estate.
It is imprescriptible. Imbecility
It is not the subject of compromise. - Manifestation of mental deficiency or
Right to claim it cannot be renounced. mental retardation (feeble-
Rights arising from it cannot be mindedness).
exercised by creditors. - Three (3) degrees of mental defect or
feeblemindedness:
ARTICLE 37: Juridical capacity, which is a. Idiocy - IQ below 20
the fitness to be the subject of legal b. Imbecility - IQ below 50
relations, is inherent in every natural c. Moron - IQ below 70
person and is lost only through death. Deaf-Mute
Capacity to act, which is the power to do - A person who can neither hear nor
acts with legal effect, is acquired and may speak. (Other name: Deaf and dumb)
be lost. - Restriction is not an excuse to escape
an obligation.
- Restrictions: he cannot give consent to
Juridical Capacity Capacity to Act contracts or be a witness to a notarial
Inherent in every Not Inherent. will if he does not know how to read
human being (not Acquired upon and write.
to artificial fulfillment of certain Prodigality
persons). conditions fixed by law. - A spendthrift is a squanderer of his
Capacity to be a Capacity to do acts with money and property without regard to
subject of legal binding or legal effect. the needs and future of his family
relations.
which he is bound to protect under law.
Lost through May be lost through
Death. ground other than
- He must be placed under guardianship
death. to have the Capacity to Act.
Civil Interdiction
TAKE NOTE - A mandatory accessory penalty
When a child is born, he acquires Juridical (attached to a principal penalty)
Capacity and it can only be terminated deemed imposed whenever the
through Death. sentence rendered is within the range
The child can acquire Capacity to Act if of reclusion temporal to death. If the
the child has fulfilled conditions fixed by latter is not executed by reason of
law. (Capacity to vote = 18 y.o.) commutation or pardon.
- Restrictions:
ARTICLE 38: Minority, insanity or
Convict is deprived of the following
imbecility, the state of being a deaf-mute,
rights during the time of his sentence:
prodigality and civil interdiction and mere 1. Parental authority or guardianship
restrictions on the capacity to act, and do over a person or property;
not exempt the incapacitated person from 2. Material rights or authority;
certain obligations, as when the latter 3. Management of his property;
arise from his acts or from property 4. Disposition of his property by act or
relations, such as easements. conveyance inter vivos.

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is cut. It means that the child has


Offender cannot enter into marriage acquired complete respiration.
settlement, without the assistance of a WHEN THE CHILD IS CONSIDERED
competent guardian appointed by the ALIVE?
court. If more than seven (7) months of intra-
uterine life = ALIVE.
Note: A person under civil interdiction If less than seven (7) months of intra-
may however enter into a valid uterine life = if it survives for at least 24
contract of marriage. hours = ALIVE; if not = Dead.

ARTICLE 39: The following circumstances, ARTICLE 42: Civil personality is


among others, modify or limit capacity to extinguished by death.
act: age, insanity, imbecility, the state of
being a deaf-mute, penalty, prodigality, The effect of death upon the rights and
family relations, alienage, absence, obligations of the deceased is determined
insolvency and trusteeship. The by law, by contract and by will.
consequences of these circumstances are
governed in this Code, other codes, the EFFECTS OF DEATH:
Rules of Court, and in special laws. 1. Dissolves marriage;
Capacity to act is not limited on account 2. Successional rights are transmitted from
of religious belief or political opinion. the moment of the death of decedent;
3. Death of a parent permanently terminates
A married woman, twenty-one years of parental authority;
4. Death of a partner dissolves partnership;
age or over, is qualified for all act of civil
5. Death of a spouse terminates community
life, except in cases specified by law. or conjugal partnership of gains;
6. Death of a principal or agent terminates a
contract of agency;
TAKE NOTE 7. Death terminates criminal liability but not
These are additional limitations in civil liability.
Capacity to Act not mentions in the
preceding article. ARTICLE 43: If there is doubt, as
between two or more persons who are
called to succeed each other, as to which
of them died first, whoever alleges the
CHAPTER 2
death of one prior to the other, shall
NATURAL PERSONS
prove the same; in the absence of proof,
ARTICLE 40: Birth determines it is presumed that they died at the same
personality; but the conceived child shall time and there shall be no transmission of
be considered born for all purposes that rights from one to the other.
are favourable to it, provided it be born
PRESUMPTION OF SURVIVORSHIP
later with the conditions specified in the
This provision only applied when:
following article. 1. The parties are heirs to one another;
2. There is no proof that one died ahead
CONSIDERED BORN FOR ALL of the other.
PURPOSES FAVORABLE TO IT If not, we use the Rules of Court for
Favorable in a sense that the child is Presumption of Survivorship, Section 3.
bound to receive something (A status, If there is no proof on who died first, it is
donation, succession, etc.) presumed that they died at the same time
and there is no transmission of rights.
ARTICLE 41: For civil purposes, the fetus The issue in this case is Succession.
is considered born if it alive at the time it Under Succession Law, Article 390: If
is completely delivered from the mothers there is presumption of death, they have
womb. However, if the fetus had an intra- to wait for 10 years before succession can
uterine life of less than seven months, it happen.
is not deemed born if it dies within Rules of Court for Presumption of
twenty-four hours after its complete Survivorship, Section 3:
delivery from the maternal womb. Section 3: Disputable Presumption the following
presumptions are satisfactory, if uncontradicted,
but may be contradicted and overcome by other
WHEN IS THE CHILD CONSIDERED evidence: x x x
BORN?
A child is considered born from the (jj) That except for purposes of succession, when
moment when it is totally separated from two persons perish in the same calamity, such as
wreck, battle or conflagration, and it is not shown
the mothers womb and the umbilical cord
who died first, and there are no particular

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circumstances from which it can be inferred, the disposed of in pursuance of law or the
survivorship is determined from the probabilities
charter creating them. If nothing has
resulting from the strength and age of the sexes,
according to the following rules: been specified on this point, the property
and other assets shall be applied to
1. If both were under the age of fifteen (15) similar purposes for the benefit of the
years, the older is presumed to have region, province, city or municipality
survived;
2. If both were above the age of sixty (60),
which during the existence of the
the younger is presumed to have survived; institution derived the principal benefits
3. If one is under fifteen (15) and the other is from the same.
above sixty (60), the former is presumed to
have survived;
4. If both be over fifteen (15) and under (60),
ARTICLE 48: The following are citizens of
and the sexes be different, the male is
presumed to have survived; if the sexes be the Philippines:
the same, then the older;
5. If one be under fifteen (15) or over sixty, 1) Those who were citizens of the
and the other between those ages, the Philippines at the time of the adoption
latter is presumed to have survived.
of the Constitution of the Philippines;
(NOTE: The following articles are codal 2) Those born in the Philippines of
and procedural provisions.) foreign parents who, before the
adoption of said Constitution, had
ARTICLE 44: The following are juridical been elected to public office in the
persons: Philippines;
3) Those whose father are citizens of the
1) The State and its political Philippines;
subdivisions; 4) Those whose mothers are citizens of
2) Other corporations, institutions and the Philippines and, upon reaching the
entities for public interest or purpose, age of majority, elect Philippine
created by law; their personality Citizenship;
begins as soon as they have been 5) Those who are naturalized in
constituted according to law; accordance with law.
3) Corporations, partnerships and
associations for private interest or
purpose to which the law grants a ARTICLE 49: Naturalization and the loss
juridical personality, separate and and reacquisition of citizenship of the
distinct from that of each shareholder, Philippines are governed by special laws.
partner or member.
ARTICLE 50: For the exercise of civil
ARTICLE 45: Juridical persons mentions rights and fulfillment of civil obligations,
in Nos. 1 and 2 of the preceding article the domicile of natural persons is the
are governed by the laws creating or place of their habitual residence.
recognizing them.
ARTICLE 51: When the law creating or
Private corporations are regulated by the
recognizing them, or any other provision
laws of general application on the subject.
does not fix the domicile of juridical
persons, the same shall be understood to
Partnerships and associations for private
be the place where their legal
interest or purpose are governed by the
representation is established or where
provisions of this Code concerning
they exercise their principal functions.
partnerships.

ARTICLE 46: Juridical persons may


acquire and possess of all kinds, as well
as incur obligations and bring civil or
criminal actions, in conformity with the
laws and regulations of their organization.

ARTICLE 47: Upon the dissolution of


corporations, institutions and other
entities for public interest or purpose
mentioned in No. 2 of Article 44, their
property and other assets shall be

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THE FAMILY CODE OF THE


PHILIPPINES
August 3, 1988

Marriages before August 3, 1988:


governed by the Civil Code.
Marriages after August 3, 1988:
governed by the Family Code.

Provisions of the 1987 constitution


that is implemented by the Family
Code:
Art. 2, Sec. 12.
Art. 2, Sec. 4.
Art. 15, Sec. 1.
Art. 15, Sec. 2.

Characteristics of Marriage:
It is a special contract.
It is a permanent union.
Union between a man and a
woman.
Union must be in accordance with
the law.
Purpose of marriage is the
establishment of conjugal and
family life.

Article 1. Marriage is a special contract


of permanent union between a man and a
woman entered into in accordance with
law for the establishment of conjugal and
family life. It is the foundation of the
family and an inviolable social institution
whose nature, consequences, and
incidents are governed by law and not
subject to stipulation, except that
marriage settlements may fix the
property relations during the marriage
within the limits provided by this Code.

Two aspects of marriage:


1. As a contract
- There is an agreement.
2. As a status
- Their status in the community.

Marriage Other Contracts


Only a man and a The agreement of the
woman can enter into parties has the force of
the contract of law and not subject to
marriage. stipulation, except in
marriage settlements
where the parties may
fix their property
relations to a certain
extent.
Does not give rise to Breach shall give rise to
such an action but the an action for damages
law prescribes penal
and civil sanctions.
Marriage is a
permanent contract,
can only be dissolved
by death, unless it is
annulled or declared
null and void by the
court.

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NOTE: place with the appearance of the


Prohibition of Mail-Order Bride contracting parties before the solemnizing
Marriage settlements must be within the limits
officer and their personal declaration that
provided by the Family Code.
The Property Regime that a marriage shall be
they take each other as husband and wife
governed with will immediately take effect at in the presence of not less than two
the precise moment that the marriage is witnesses of legal age.
celebrated.
NOTE:
This article talks Formal or Extrinsic requisites
Article 2. No marriage shall be valid, of marriage.
unless these essential requisites are Absence of such renders the marriage VOID AB
present: INITIO, unless one or both parties are in good
faith.
(1) Legal capacity of the contracting Authority of the solemnizing officer even if the
solemnizing officer is not authorized, the
parties who must be a male and a marriage would be valid if either or both of the
female; and parties believe in good faith in his authority to
solemnize marriage.
(2) Consent freely given in the presence It is not the task of the solemnizing officer to
check the validity of the marriage license, as
of the solemnizing officer.
long as such was duly issued by the local civil
registrar.
Essential or Intrinsic Requisites of Marriage
Marriage license, except in a marriage of
1. Legal Capacity of the Contracting Parties exceptional character what is required is the
a. The Parties must have the necessary age marriage license, not the marriage certificate.
or the necessary consent of parents in An oral solemnization is valid and a marriage
certain cases may be proved by oral evidence.
b. There must be no impediment caused by a Marriage Ceremony This must be made in the
prior existing marriage or by the certain presence not less than two witness of legal age
relationship by affinity (law) or
consanguinity (blood) Article 4. The absence of any of the
essential or formal requisites shall render
NOTE: the marriage void ab initio, except as
GENERAL RULE: marrying age is 18 years old stated in Article 35
and above
If below 18 years old marriage is void even if A defect in any of the essential requisites
they have their parents consent.
shall not affect the validity of the
Contracting parties must not be related to each
other, incestuous marriages as stated in Article
marriage but the party or parties
37. responsible for the irregularity shall be
Article 38, marriages are void by reasons of civilly, criminally and administratively
public policy liable.

2. Consent freely given Examples of void marriage because of


a. Consent refers to the consent of the ABSENCE of ESSENTIAL requisite:
contracting parties, not parental consent Absence of Legal Capacity
which is in connection with requisite no. 1 A marriage between couples below 18
years of age, the minimum age for
referring to legal capacity
marriage under Article 5 even if it is
b. Consent is required; but if it is vitiated or
with parental consent.
rendered defective by any of the vices of Same-sex marriage.
consent under Article 45 and 46 of the FC, A marriage between parties who have a
like fraud, force, intimidation, undue legal impediment to get married under
influence, etc. the marriage is VIOLABLE Article 37 and Article 38, like first
c. If there is no absolutely no consent, or cousins.
when the parties did not intend to be Absence of consent of contracting parties
bound, the marriage is VOID. Marriage where parties with no intention
to be bound together.
Marriage in stage play or in movies.
Article 3. The formal requisites of
marriage are: Effects of DEFECT in any of ESSENTIAL
requisites:
(1) Authority of the solemnizing officer; A defect in any essential requisites does not
render the marriage void but merely
VOIDABLE.
(2) A valid marriage license except in the A defect in the essential requisites may be:
cases provided for in Chapter 2 of this A defect in the legal capacity of either
Title; and party, as when a boy or girl between 18
and 21 years of age gets married
without parental consent; or
(3) A marriage ceremony which takes

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A defect in the consent of either party, however, for the contracting parties to
wherein such consent was given under
appear personally before the solemnizing
any of the circumstances that vitiate
consent under Article 45 and 46. officer and declare in the presence of not
less than two witnesses of legal age that
Examples of void marriage because of they take each other as husband and
ABSENCE of FORMAL requisite: wife. This declaration shall be contained
Absence of Authority of Solemnizing Officer
Marriage solemnized by a judge who
in the marriage certificate which shall be
has already retired signed by the contracting parties and
Marriage solemnized by a judge outside their witnesses and attested by the
his territorial jurisdiction solemnizing officer.
Marriage solemnized by a person who
only pretended to be a judge or a priest.
Marriage solemnized by a priest who In case of a marriage in articulo mortis,
has no authority from his church to when the party at the point of death is
solemnize marriages, or who is not unable to sign the marriage certificate, it
registered with the Office of the Civil shall be sufficient for one of the witnesses
Registrar General under Article 7 (2),
subject to exception provided under
to the marriage to write the name of said
Article 35 (2) party, which fact shall be attested by the
Absence of a valid marriage license solemnizing officer.
A marriage with no license, unless it
falls under Article 27 to 34. NOTE:
A marriage with expired license No particular form of ceremony is needed,
Absence of Marriage Ceremony as long as it is before a duly authorized
Common-law marriages where the person.
parties just live together as husband It is only the appearance of the contracting
and wife without the marriage ceremony parties before the solemnizing officer
Marriage by proxy required by this article that is a formal
requisite of marriage under Article 3(3), so
Effect of IRREGULARITY in any formal that in the absence of such appearance, the
requisites: marriage is void.
Irregularity in any formal requisite of The other requirements in this article will not
marriage does not affect its validity, but the render the marriage void eve if they are
party or parties responsible for the totally lacking:
irregularity are civilly, criminally and There was no witness to the marriage
administratively liable. The parties did not orally declare before
Examples of these irregularities are: the solemnizing officer that they take
Lack of Legal age of witness each other as husband and wife.
Failure to comply with the requirements There was no marriage certificate or
under Article 12 contract
Non-observance of 3 month period
under Article 15, and failure to comply Article 7. Marriage may be solemnized
with requirement of notice under Article
17.
by:
NOTE:
There is no such thing as Secret marriage (1) Any incumbent member of the
since it ordinarily applies to a civil marriage judiciary within the court's jurisdiction;
celebrated without the knowledge of the
relatives or friends of the spouses.
(2) Any priest, rabbi, imam, or minister of
Article 5. Any male or female of the age any church or religious sect duly
of eighteen years or upwards not under authorized by his church or religious sect
any of the impediments mentioned in and registered with the civil registrar
Articles 37 and 38, may contract general, acting within the limits of the
marriage. written authority granted by his church or
religious sect and provided that at least
NOTE: one of the contracting parties belongs to
This is an Essential Requirement the solemnizing officer's church or
Both parties must not suffer from legal religious sect;
impediment of blood relationship as to render
the marriage incestuous under Article 37 or of a
certain relationship as to render the marriage (3) Any ship captain or airplane chief only
void for reasons of public policy under Article in the case mentioned in Article 31;
38.
Obliged to still comply with other essential and
(4) Any military commander of a unit to
formal requisites.
which a chaplain is assigned, in the
Article 6. No prescribed form or religious absence of the latter, during a military
rite for the solemnization of the marriage operation, likewise only in the cases
is required. It shall be necessary, mentioned in Article 32;

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(5) Any consul-general, consul or vice- The said chaplain must be absent at
the time of the marriage
consul in the case provided in Article 10.
The marriage must be one of articulo
mortis
NOTE:
The contracting parties, whether
This is an exclusive provision
members of the armed forces or
The following are the only persons who can
civilians, must be within the zone of
solemnize marriages:
military operation.
The military commander must
Members of the judiciary
be a commissioned officer
Supreme Court, Court of Appeals,
(Article 32), not a mere corporal
RTC and MTC, Sandiganbayan.
or sergeant. He must at least
SC, CA and Sandiganbayan has
have a rank of 2nd lieutenant.
jurisdiction over the Philippines.
He solemnizes marriages in
RTC and MTC is bounded by their
Articulo Mortis only in the
jurisdiction only
absence of the chaplain.
If marriage is done outside their
The unit of the military
jurisdiction, it does not immediately
commander must be a battalion,
invalidate the marriage but the
not just a company.
judge shall be administratively
liable.
Consuls general, Consul and Vice
Consuls
Priests, rabbis, imam and ministers
(Consular posts are divided into four
of any church.
classes:)
(These requisites must concur:)
Consul- general
They must be duly authorized by his
Consul
church or religious sect.
Vice-consul
Must act within the limits of the
Consul agents
written authority granted to him or
Only in the cases provided in Article
her by the church or religious sect.
10 may they solemnize marriages;
They registered with the Office of the
i.e. marriage between Filipinos
Civil Registrar General
abroad in the foreign assignments
It is required that at least one of the
of these officials
contracting parties belongs to the
Consuls on home assignment in the
solemnizing officers church or
Philippines cannot solemnize
religious sect, and the religious sect,
marriages.
and the religion of the parties must
be stated in their marriage contract
Mayors
in accordance to Article 2 (2)
From August 3, 1987 to December
Take Note:
The priest or minister has the duty to 31, 1991, mayors were NOT
present his authority to the parties if authorized to solemnize marriage
so requested by them. From January 1, 1992 Present,
If the solemnizing officer is not under mayors are now allowed to
a religious sect, there is irregularity. solemnize marriage by virtue of the
Local Government Code.
Ship captains and airplane chiefs
The following requisites must concur: Article 8. The marriage shall be
These persons can solemnize
marriages only in articulo mortis. solemnized publicly in the chambers of
Marriage must between passengers the judge or in open court, in the church,
or crew member under Article 31. chapel or temple, or in the office the
Generally, the ship must be at sea consul-general, consul or vice-consul, as
or the plane must be in flight.
the case may be, and not elsewhere,
The marriage may be solemnized even except in cases of marriages contracted
during stop overs at ports of call, on the point of death or in remote places
because the authority is given during in accordance with Article 29 of this Code,
voyage and in such cases, the voyage is or where both of the parties request the
not yet terminated.
The solemnizing officer must be the
solemnizing officer in writing in which
captain of the ship, or the chief pilot of case the marriage may be solemnized at
the airplane. a house or place designated by them in a
Assistant pilot has no authority to sworn statement to that effect.
solemnize the marriage even if the
captain dies and he has to assume Note:
command. This provision is only directory, not
mandatory.
Military Commanders of a Unit A marriage cannot be solemnized by a judge
(Following requisites must concur:) on a Sunday, which not an office day.
He or she must be a military Instance were public solemnization is not
commander of a unit needed:
He or she must be a commissioned Marriage in chambers of the Justice or
officer Judge;
A chaplain must be assigned to such In marriage in Articulo Mortis;
unit

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In marriage in a remote place, and; (4) Civil status;


When both of the parties request in writing
(5) If previously married, how, when and
for solemnization in some other place. The
place must be designated in sworn where the previous marriage was
statement. dissolved or annulled;
(6) Present residence and citizenship;
Article 9. A marriage license shall be (7) Degree of relationship of the
issued by the local civil registrar of the contracting parties;
city or municipality where either (8) Full name, residence and citizenship
contracting party habitually resides, of the father;
except in marriages where no license is (9) Full name, residence and citizenship
required in accordance with Chapter 2 of of the mother; and
this Title. (10) Full name, residence and citizenship
of the guardian or person having charge,
NOTE: in case the contracting party has neither
The marriage license should be issued by the
father nor mother and is under the age of
local civil registrar of the municipality where
either contracting party habitually resides but, twenty-one years.
if this requirement as to the place of issuance
is not complied with, the marriage would still The applicants, their parents or guardians
be valid, provided all the other requisites are shall not be required to exhibit their
present.
The solemnizing officer is not required to
residence certificates in any formality in
investigate whether or not the license is connection with the securing of the
issued in the place required by law. marriage license.
Marriage of exceptional character (no
marriage license is required): Article 12. The local civil registrar, upon
Marriage in Articulo Mortis (Article 27) receiving such application, shall require the
Marriage in a remote place (Article 28)
presentation of the original birth certificates
Marriages among Muslim or among
members of the ethnic cultural or, in default thereof, the baptismal
communities provided that they are certificates of the contracting parties or copies
solemnized in accordance with their of such documents duly attested by the
customs, rites or practices (Article 33) persons having custody of the originals. These
Ratification of Marital Cohabitation (Article certificates or certified copies of the
34) documents by this Article need not be sworn
to and shall be exempt from the documentary
Article 10. Marriages between Filipino stamp tax. The signature and official title of
citizens abroad may be solemnized by a the person issuing the certificate shall be
consul-general, consul or vice-consul of sufficient proof of its authenticity.
the Republic of the Philippines. The If either of the contracting parties is
issuance of the marriage license and the unable to produce his birth or baptismal
duties of the local civil registrar and of certificate or a certified copy of either because
of the destruction or loss of the original or if it
the solemnizing officer with regard to the
is shown by an affidavit of such party or of
celebration of marriage shall be any other person that such birth or baptismal
performed by said consular official. certificate has not yet been received though
the same has been required of the person
NOTE:
having custody thereof at least fifteen days
In these marriage, a marriage license is still
required, to be issued by the consular official prior to the date of the application, such party
(not the Local Civil Registrar) who will may furnish in lieu thereof his current
solemnize the marriage. residence certificate or an instrument drawn
The marriage must be between Filipino up and sworn to before the local civil registrar
Citizens abroad; if one of the parties is a concerned or any public official authorized to
foreigner, this article cannot apply. administer oaths. Such instrument shall
By Filipino citizens abroad may mean contain the sworn declaration of two
Filipinos permanently living abroad or who are witnesses of lawful age, setting forth the full
mere transients or vacationists there.
name, residence and citizenship of such
contracting party and of his or her parents, if
Article 11. Where a marriage license is known, and the place and date of birth of
required, each of the contracting parties such party. The nearest of kin of the
shall file separately a sworn application contracting parties shall be preferred as
for such license with the proper local civil witnesses, or, in their default, persons of
registrar which shall specify the following: good reputation in the province or the
locality.
(1) Full name of the contracting party; The presentation of birth or baptismal
(2) Place of birth; certificate shall not be required if the parents
(3) Age and date of birth; of the contracting parties appear personally
before the local civil registrar concerned and

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swear to the correctness of the lawful age of The parental consent must be for the child to
said parties, as stated in the application, or marry a specific person, it cannot be consent to
when the local civil registrar shall, by merely marry anyone.
looking at the applicants upon their personally
appearing before him, be convinced that Article 15. Any contracting party
either or both of them have the required age. between the age of twenty-one and
twenty-five shall be obliged to ask their
Article 13. In case either of the contracting parents or guardian for advice upon the
parties has been previously married, the intended marriage. If they do not obtain
applicant shall be required to furnish, instead such advice, or if it be unfavorable, the
of the birth or baptismal certificate required in marriage license shall not be issued till
the last preceding article, the death certificate after three months following the
of the deceased spouse or the judicial decree completion of the publication of the
of the absolute divorce, or the judicial decree
application therefor. A sworn statement
of annulment or declaration of nullity of his or
her previous marriage. by the contracting parties to the effect
In case the death certificate cannot be that such advice has been sought,
secured, the party shall make an affidavit together with the written advice given, if
setting forth this circumstance and his or her any, shall be attached to the application
actual civil status and the name and date of for marriage license. Should the parents
death of the deceased spouse. or guardian refuse to give any advice,
this fact shall be stated in the sworn
NOTE:
statement.
Article 11, 12 and 13 are just mere codals and
are the Job of the Civil Registry in terms of NOTE:
marriage. This is just a parental advice
Lack thereof does not impede the marriage,
merely suspends the issuance of the marriage
Article 14. In case either or both of the license
contracting parties, not having been The 3 month period is computed from the
emancipated by a previous marriage, are completion of the 10 day publication of the
between the ages of eighteen and application for marriage license.
If the parties get married without a license,
twenty-one, they shall, in addition to the
their marriage is void.
requirements of the preceding articles, If they get a license without the required
exhibit to the local civil registrar, the parental advice, the marriage is still valid, but
consent to their marriage of their father, they will be liable criminally and civilly for
mother, surviving parent or guardian, or falsifying their application for marriage license.
persons having legal charge of them, in
the order mentioned. Such consent shall Article 16. In the cases where parental
be manifested in writing by the interested consent or parental advice is needed, the
party, who personally appears before the party or parties concerned shall, in
proper local civil registrar, or in the form addition to the requirements of the
of an affidavit made in the presence of preceding articles, attach a certificate
two witnesses and attested before any issued by a priest, imam or minister
official authorized by law to administer authorized to solemnize marriage under
oaths. The personal manifestation shall Article 7 of this Code or a marriage
be recorded in both applications for counselor duly accredited by the proper
marriage license, and the affidavit, if one government agency to the effect that the
is executed instead, shall be attached to contracting parties have undergone
said applications. marriage counseling. Failure to attach
said certificates of marriage counseling
NOTE: shall suspend the issuance of the
If the marriage is solemnized without the marriage license for a period of three
parental consent required in this Article, the months from the completion of the
marriage is voidable.
Parental Consent is required if the girl or boy is
publication of the application. Issuance of
18 and above but below 21 years of age. the marriage license within the prohibited
If the applicant has already been previously period shall subject the issuing officer to
emancipated by a previous marriage, although administrative sanctions but shall not
still below 21 years, he or she does not need affect the validity of the marriage.
parental consent.
The parental consent may be in the form of a
sworn statement acknowledged in the presence Should only one of the contracting parties
of the two witnesses before any official need parental consent or parental advice,
authorized to administer oath, or the parents or the other party must be present at the
guardian may appear personally before the local
counseling referred to in the preceding
civil registrar and accomplish the written
consent before him. paragraph.

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NOTE: NOTE:
18 21 years old needs Parental Consent Codal ra bes.
21 25 years old needs Parental Advice
Marriage Counseling should be done by a priest,
Article 20. The license shall be valid in
imam, or minister or a duly accredited marriage
counselor. any part of the Philippines for a period of
If only one part is in need of parental consent or one hundred twenty days from the date
parental advice, the other party must be of issue, and shall be deemed
present at the counseling. automatically canceled at the expiration
of the said period if the contracting
Article 17. The local civil registrar shall
parties have not made use of it. The
prepare a notice which shall contain the full
names and residences of the applicants for a expiry date shall be stamped in bold
marriage license and other data given in the characters on the face of every license
applications. The notice shall be posted for issued.
ten consecutive days on a bulletin board
outside the office of the local civil registrar Article 21. When either or both of the
located in a conspicuous place within the contracting parties are citizens of a
building and accessible to the general public. foreign country, it shall be necessary for
This notice shall request all persons having them before a marriage license can be
knowledge of any impediment to the marriage
obtained, to submit a certificate of legal
to advise the local civil registrar thereof. The
marriage license shall be issued after the capacity to contract marriage, issued by
completion of the period of publication. their respective diplomatic or consular
officials.
NOTE:
Posting of the application for the marriage Stateless persons or refugees from other
license is an indispensable requirement for the
countries shall, in lieu of the certificate of
issuance of the marriage license.
10 day notice or publication is made through legal capacity herein required, submit an
way of notice in a bulletin board. affidavit stating the circumstances
A marriage celebrated on the basis of a showing such capacity to contract
marriage license that did not comply with this marriage.
provision shall be valid but makes the civil
registry who issued such license civilly,
NOTE:
criminally and administratively liable.
Article 21 applies where either or both are
Publication is for the people to help them know
citizens or subjects of a foreign country
if there is a legal impediment on the part of the
In general, capacity of foreigners to contract a
contracting parties.
marriage in the Philippines is subject to their
personal law, thus, they are required under this
Article 18. In case of any impediment known to Article to obtain a certificate of legal capacity.
the local civil registrar or brought to his attention, The legal capacity should be issued by the
he shall note down the particulars thereof and his proper diplomatic officials or consular officials.
findings thereon in the application for marriage A divorced foreigner can be issued a marriage
license, but shall nonetheless issue said license license to marry again in the Philippines
after the completion of the period of publication, provided he can present the certificate above
unless ordered otherwise by a competent court at mentioned, which means that his divorce is
his own instance or that of any interest party. No recognized by his own country.
filing fee shall be charged for the petition nor a If the foreigner is stateless or a refugee from
corresponding bond required for the issuances of another country, so that there is no embassy or
the order. consular office from which he can get the
above-mentioned certificate, it is enough that
NOTE: he executes an affidavit stating the
Their only job is to note the legal impediment circumstances showing his capacity to contract
reported to them and not impede the issuance marriage.
of the marriage license.
Kailangan ipa-agi sa court if gusto gyud nimo Article 22. The marriage certificate, in which the
siya ipaglaban. Pero ayaw na lang kay dili man parties shall declare that they take each other as
gihapon ikaw iyang love. Mahago raka. husband and wife, shall also state:
(1) The full name, sex and age of each contracting
Article 19. The local civil registrar shall require party;
the payment of the fees prescribed by law or (2) Their citizenship, religion and habitual
regulations before the issuance of the marriage residence;
license. No other sum shall be collected in the (3) The date and precise time of the celebration of
nature of a fee or tax of any kind for the issuance the marriage;
of said license. It shall, however, be issued free of (4) That the proper marriage license has been
charge to indigent parties, that is those who have issued according to law, except in marriage
no visible means of income or whose income is provided for in Chapter 2 of this Title;
insufficient for their subsistence a fact established (5) That either or both of the contracting parties
by their affidavit, or by their oath before the local have secured the parental consent in appropriate
civil registrar. cases;

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(6) That either or both of the contracting parties the country where they were solemnized, and valid
have complied with the legal requirement there as such, shall also be valid in this country,
regarding parental advice in appropriate cases; except those prohibited under Articles 35 (1), (4),
and (5) and (6), 3637 and 38.
(7) That the parties have entered into marriage
settlement, if any, attaching a copy thereof. Where a marriage between a Filipino citizen and a
foreigner is validly celebrated and a divorce is
NOTE: thereafter validly obtained abroad by the alien
The marriage certificate is not an essential or spouse capacitating him or her to remarry, the
formal requisite of marriage without which the Filipino spouse shall have capacity to remarry
marriage will be void. The best documentary under Philippine law. (As amended by Executive
evidence of a marriage contract or the marriage Order 227)
certificate.
In Trinidad VS. CA, the fact of marriage may be NOTE:
proven by the following: b if valid in the country where celebrated, it is
Testimony of a witness to the matrimony also valid in the Philippines (doctrine of lex loci
Couples public and open cohabitation as celebrationis or the law of the place of
husband and wife after the alleged wedlock celebration)
Birth and baptismal certificates of children EXCEPTIONS: those prohibited under Article 35
born during such union (1,4,5 and 6), 36, 37, and 38 of the Family
Mention of such nuptial in subsequent Code
documents. Article 26 on the validity of foreign marriages
applies only to Filipinos.
Article 23. It shall be the duty of the person Foreign Marriages of Foreigners or of Filipinos
solemnizing the marriage to furnish either of the and a Foreigner are governed by the rules on
contracting parties the original of the marriage Conflict of Laws.
certificate referred to in Article 6 and to send the Requirements to prove foreign marriage:
duplicate and triplicate copies of the certificate not Existence of the pertinent provision of the
later than fifteen days after the marriage, to the foreign marriage law.
local civil registrar of the place where the marriage Foreign law are matters of fact that must
was solemnized. Proper receipts shall be issued by be alleged and proved considering that our
the local civil registrar to the solemnizing officer courts do not take judicial notice thereof.
transmitting copies of the marriage certificate. The Celebration or performance of the marriage
solemnizing officer shall retain in his file the in accordance with said law.
quadruplicate copy of the marriage certificate, the Effect of Divorce of a marriage between a
copy of the marriage certificate, the original of the Filipino citizen and a foreigner
marriage license and, in proper cases, the affidavit If validly obtained abroad by the alien
of the contracting party regarding the spouse, the Filipino spouse will have the
solemnization of the marriage in place other than same liberty.
those mentioned in Article 8.

NOTE: CHAPTER 2
Four Copies of the marriage contract/certificate MARRIAGES EXEMPTED FROM
must be made, as follows:
The original shall be given to either of the
LICENSE REQUIREMENT
contracting parties;
The duplicate and triplicate shall be sent Marriages exempt from Marriage
not later than 15 days after the marriage License:
to the local civil registry of the place where 1. Marriage in Articulo Mortis.
the marriage was solemnized (Article 27)
The quadruplicate shall be retained by the 2. Marriage in a Remote Place.
solemnizing officer, together with the (Article 28)
marriage license 3. Marriages among Muslims and among
It is the duty of the solemnizing officer to
members of the ethnic cultural
furnish copies of the marriage contract.
communities provided that they are
solemnized in accordance with their
Article 24. It shall be the duty of the local civil
registrar to prepare the documents required by this customs, rites and practices.
Title, and to administer oaths to all interested (Article 33)
parties without any charge in both cases. The 4. Ratification of Marital Cohabitation.
documents and affidavits filed in connection with (Article 34)
applications for marriage licenses shall be exempt
from documentary stamp tax. ARTICLE 27: In case either or both of the
contracting parties are at the point of
Article 25. The local civil registrar concerned shall death, the marriage may be solemnized
enter all applications for marriage licenses filed
with him in a registry book strictly in the order in
without necessity of a marriage license
which the same are received. He shall record in and shall remain valid even if the ailing
said book the names of the applicants, the date on party subsequently survives. (72a)
which the marriage license was issued, and such
other data as may be necessary. MARRIAGE IN ARTICULO MORTIS
Articulo Mortis One or both of the contracting
Article 26. All marriages solemnized outside the parties are dying or at the Point of Death.
Philippines, in accordance with the laws in force in

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May be solemnized by a priest or minister of where it was performed within the period
any religious sect, judge, or any person of thirty days after the performance of the
referred to in Article 31 and 32 in the special
cases covered by said Articles. marriage. (75a)
The married remains valid without need of a
new marriage ceremony if the ailing or dying PROCEDURAL ARTICLE
party survives or does not die. The Solemnizing Officer must send the original
affidavit (mentioned in preceding article) and
At the point of Danger of death. a copy of the marriage contract to the LCR of
death. the municipality it was performed within thirty
Refers to a Refers to a situation (30) days from performance of marriage.
situation wherein wherein one is only in Failure to do so will not invalidate or void the
one is between life danger of dying but not marriage of the parties.
and death or at the point of dying.
already dying. ARTICLE 31: A marriage in articulo
mortis between passengers or crew
ARTICLE 28: If the residence of either members may also be solemnized by a
party is so located that there is no means ship captain or by an airplane pilot not
of transportation to enable such party to only while the ship is at sea or the plane
appear personally before the local civil is in flight, but also during stopovers at
registrar, the marriage may be ports of call. (74a)
solemnized without necessity of a
marriage license. (72a) MARRIAGE IN SHIPS/AIRCRAFTS
Marriage in Articulo Mortis between
REMOTE or DISTANT PLACES passengers may be solemnized by a Ship
This article covers marriage in remote or Captain or Airplane Pilot, not only while at sea
distant places. or flight but also during stopovers or ports of
All that is required is that the residence of call.
either party is located in place where there is
no means of transportation to enable such
party to appear before the Local Civil
Registrar. ARTICLE 32: A military commander of a
unit, who is a commissioned officer, shall
likewise have authority to solemnize
ARTICLE 29: In the cases provided for in marriages in articulo mortis between
the two preceding articles, the persons within the zone of military
solemnizing officer shall state in an operation, whether members of the
affidavit executed before the local civil armed forces or civilians. (74a)
registrar or any other person legally
authorized to administer oaths that the SOLEMNIZATION BY A MILITARY
marriage was performed in articulo mortis COMMANDER
NOTE: Military Commander must be a
or that the residence of either party, Commissioned Officer.
specifying the barrio or barangay, is so The marriage may be members of the armed
located that there is no means of forces or civilians.
transportation to enable such party to The Military Commander can only solemnize
the marriage in Articulo Mortis in the absence
appear personally before the local civil of a Chaplain. (Refer to Art. 7)
registrar and that the officer took the
necessary steps to ascertain the ages and
relationship of the contracting parties and
ARTICLE 33: Marriages among Muslims
the absence of legal impediment to the
or among members of the ethnic cultural
marriage. (72a)
communities may be performed validly
without the necessity of marriage license,
PROVING THE EXEMPTION FROM THE
provided they are solemnized in
MARRIAGE LICENSE
The purpose of the affidavit mentioned in this
accordance with their customs, rites or
article is for the Solemnizing Officer to prove practices. (78a)
the exemption of the parties in complying with
the Marriage License. MUSLIMS and OTHER ETHNIC
But even if the Solemnizing Officer fails to
CULTURAL COMMUNITIES
execute the affidavit, such irregularity will not
Their marriages are exempt from the
invalidate or void the marriage of the parties.
requirement of a Marriage License, as long as
the parties belong to Muslim or other cultural
ARTICLE 30: The original of the affidavit communities.
required in the last preceding article, Even if such marriages are held outside non-
together with the legible copy of the Christian provinces.
marriage contract, shall be sent by the
person solemnizing the marriage to the
local civil registrar of the municipality ARTICLE 34: No license shall be
necessary for the marriage of a man and

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a woman who have lived together as (1) Those contracted by any party
husband and wife for at least five years below eighteen years of age even with
and without any legal impediment to the consent of parents or guardians;
marry each other. The contracting parties
(2) Those solemnized by any person
shall state the foregoing facts in an
not legally authorized to perform
affidavit before any person authorized by
marriages unless such marriages were
law to administer oaths. The solemnizing
contracted with either or both parties
officer shall also state under oath that he
believing in good faith that the
ascertained the qualifications of the
solemnizing officer had the legal
contracting parties are found no legal
authority to do so;
impediment to the marriage. (76a)
(3) Those solemnized without license,
Requisites for the Ratification of except those covered the preceding
Marital Cohabitation: (Based on the Chapter;
ruling in the case of Manzano vs. Sanchez) (4) Those bigamous or polygamous
1) The man and woman must be living
marriages not failing under Article 41;
together as husband and wife for at least
five (5) years before the marriage; (5) Those contracted through mistake
2) The marriage must have no legal of one contracting party as to the
impediment to marry each other; identity of the other; and
3) The fact of absence of legal impediment
between the parties must be present at (6) Those subsequent marriages that
the time of the marriage, not during their are void under Article 53.
five year cohabitation;
4) The parties must execute an affidavit TAKE NOTE
stating that they have lived together for The enumeration of void marriages under this
at least five (5) years; and article is not intended to be exclusive, as there
5) The Solemnizing Officer must also are marriages which lack any of the essential
execute a sworn statement that he had or formal requisites of marriage under Articles
ascertained the qualifications of the 2 and 3 and are void even if this Article does
parties of the marriage and that he had not include them.
found no legal impediment to their
marriage. VOID MARRIAGES FROM THE VERY
BEGINNING
CHAPTER 3 Contracted by parties below 18 years.
VOID AND VOIDABLE MARRIAGES Marriage is void even if there is Parental
Consent.
Category Void Marriage Voidable Lacking the essential requisite of legal
Marriage capacity between contracting parties. [Art.
1. As to Nature Inexistent from Valid until 2 (1)]
the time of annulled by Solemnized by a person with no authority.
performance. competent court.
Applies to persons who failed to obtain
2. As to Cannot be Can be
susceptibility convalidated. convalidated license from the LCR in order to solemnize
of
either by free a marriage.
convalidation
cohabitation or However, marriage remains valid if either
prescription. or both contracting parties believed in
3. As to effect on No community Absolute Good Faith that the solemnizing officer had
property property, only community exists legal authority to do so.
co-ownership. unless another Good Faith: means after reasonable inquiry
(Art. 147) system is agreed
upon in marriage
and investigation.
settlement. Solemnized without a marriage license.
4. As to effect on Children are Children are Subject to exception under articles 27, 28,
children illegitimate legitimate if 33 and 34. (Preceding chapter)
under Art. 165. conceived before Bigamous or Polygamous marriage.
(Subject to decree of Good Faith in this case is IMMATERIAL.
exceptions). annulment. Exception: Voidable Marriage under Article
5. As to how a) May be a) Cannot be
marriage may 41.
attacked directly attacked
be impugned or collaterally, but collaterally, only Contracted through mistake of one party as to
for purpose of directly. (There identity of the other.
remarriage, there must be a Decree Mistake here is Physical Identity of the
must be judicial of Annulment). party. There is substitution of one party
declaration of without the knowledge of the other party.
nullity. (Art. 40) Here, it is considered that there is an
b) Can still be b) Can no longer be
absence of the essential requisite of
impugned even impugned after the Consent.
after the death of death of one of the Not mistake in character, health, rank,
parties. parties. fortune or chastity of one party.
Void under Article 53.
Contracting marriage without complying
ARTICLE 35: The following marriages with the requisites of Article 52 is null and
shall be void from the beginning: void under Article 53.
Requirements of Article 52:

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o The judgment of annulment or of 4. Such incapacity must also be shown to be


absolute nullity of the marriage; medically or clinically permanent or incurable.
o The partition and distribution of the 5. Such illness must be grave enough to bring
properties of the spouses; and about the disability of the party to assume the
o The delivery of the children's essential obligations of marriage.
presumptive legitimes. 6. The essential marital obligation must be those
Shall be recorded in the appropriate civil embraced by Articles 68 up to 71 of the Family
registry and registries of property; Code as regards the husband and wife as well as
otherwise, the same shall not affect third Articles 220, 221, and 225 of the same Code in
persons. regard to parents and their children;
7. Interpretations given by the National Appellate
Matrimonial Tribunal of the Catholic Church in
ARTICLE 36: A marriage contracted by
the Philippines while not controlling or decisive
any party who, at the time of the should be given great respect by our courts; and
celebration, was psychologically 8. The trial court must order the prosecuting
incapacitated to comply with the essential attorney or fiscal and the Solicitor General to
marital obligations of marriage, shall appear as counsel for the state.
likewise be void even if such incapacity
becomes manifest only after its Three (3) basic requirements of
Psychological Incapacity: (Santos
solemnization. (As amended by Executive
Case)
Order 227) a) Gravity;
b) Juridical Antecedence; and
PSYCHOLOGICAL INCAPACITY c) Incurability.
Psychological Incapacity has nothing to do
with consent to marriage. It is not a question
of defective consent but a question of valid
consent. ARTICLE 37: Marriages between the
To be a ground of Declaration of Nullity of following are incestuous and void from
Marriage, the Psychological Incapacity must be the beginning, whether relationship
present at the time of marriage, though it
might manifest only after marriage. between the parties be legitimate or
The Psychological person is not disqualified to illegitimate:
remarry again.
1) Between ascendants and descendants
of any degree; and
Psychological Insanity
Incapacity
Not a species of vice Vice of consent.
2) Between brothers and sisters, whether
consent. of the full or half blood. (81a)

Either party, even the psychologically VOID INCESTUOUS MARRIAGES


incapacitated, can file for the action. How degrees of generation are computed:
Psychological Incapacity, in the Old Civil Code o Direct line: count all who are included,
(Prior to FC), is not a ground for Annulment. then minus one.
Children conceived or born for the Declaration o Collateral line: go up to the nearest
of Nullity are considered Legitimate. common ancestor, then go down minus
Example for the interpretation of one.
Psychological Incapacity: Example: (VOID)
A1+A1w
Psychological Incapacity
1. Homosexuality or 6. Habitual Alcoholism;
Lesbianism; 7. Criminality;
2. Satyriasis or 8. Refusal to live or have B1+B1w B2+B2w
Nymphomania; sex with Husband
3. Extremely Low (without fault);
Intelligence; 9. Compulsive Gambling Husband Wife
4. Immaturity; or Unbearable Jealousy; (This illustration shows the relationship up to
5. Epilepsy 10. Sociopathic Anomalies. the 4th Civil Degree. This marriage is VOID.)
(Permanent)

A1+A1w
Molina Doctrine
1. The burden of proof to show the nullity of the
marriage belongs to the plaintiff.
2. The root cause of the psychological incapacity B1+B1w B2+B2w
must be:
a. Medically or clinically identified;
b. Alleged in the complaint; C1+C1w C2+C2w
c. Sufficiently proven by experts; and
d. Clearly explained in the decision.
3. The incapacity must be proven to be existing at Husband Wife
the time of the celebration of the marriage.

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(This illustration shows the relationship up to There is no prescription for actions or defense
the 6th Civil Degree. This marriage is VALID. for the Declaration of Absolute Nullity of
There is no law saying that you cannot marry Marriage.
your second cousin.)

ARTICLE 38: The following marriages ARTICLE 40: The absolute nullity of a
shall be void from the beginning for previous marriage may be invoked for
reasons of public policy: purposes of remarriage on the basis
solely of a final judgment declaring such
1) Between collateral blood relatives previous marriage void. (n)
whether legitimate or illegitimate, up
to the fourth civil degree; JUDICIAL DECLARATION OF NULLITY
2) Between step-parents and step- OF MARRIAGE
children; A void marriage must first be declared void for
3) Between parents-in-law and children-in- the purposes of remarriage.
law; Only competent courts have such authority.
If parties fail to acquire the Judicial Declaration
4) Between the adopting parent and the for the Nullity of Marriage, and if one contracts
adopted child; a second marriage, the second marriage will
5) Between the surviving spouse of the also be void.
adopting parent and the adopted child; Article 40 is applicable to remarriages entered
into after the effectivity of the FC on August 3,
6) Between the surviving spouse of the
1988 regardless of the date of the first
adopted child and the adopter; marriage (Atienza vs. Brillantes).
7) Between an adopted child and a Article 40 is a Rule of Procedure and is
legitimate child of the adopter; therefore retroactive insofar as it does not
8) Between adopted children of the same prejudice or impair vested or acquired rights in
accordance with the Civil Code or other laws.
adopter; and
9) Between parties where one, with the
Rules on Declaration of Absolute
intention to marry the other, killed that
Nullity of Void Marriages:
other person's spouse, or his or her 1. Action or defense for the declaration of
own spouse. (82) absolute nullity of marriage does not
prescribe;
VOID DUE TO PUBLIC POLICY 2. Only Husband and Wife can file the petition
These are void marriages due to Public Policy. before the Family Court; and
Art. 38 (9): There must be final judgment 3. The petition must specifically allege the
stating that the killing was motivated by ones complete facts including physical
intention to marry another. (If not, marriage is manifestation, if any, showing either or
valid.) both parties were psychologically
Additional relationships that are void which are incapacitated from complying with the
not included in Articles 37 and 38 are: Essential Marital Obligations of marriage
o Brother-in-law and Sister-in-law even if such incapacity becomes manifest
o Stepbrother and Stepsister only after its celebration. Expert opinion
o Guardian and Ward need not be alleged.
o Adopted and illegitimate child of the
Adopter Rules on Annulment of Marriages:
o Adopted Son of the Husband and the 1. Persons given the right to file action.
Adopted Daughter of the Wife (Article 45, FC)
o Parties who have been convicted of 2. Prescriptive period.
Adultery or Concubinage (Article 47, FC)

ARTICLE 41: A marriage contracted by


ARTICLE 39: The action or defense for any person during subsistence of a
the declaration of absolute nullity of a previous marriage shall be null and void,
marriage shall not prescribe. unless before the celebration of the
subsequent marriage, the prior spouse
(As amended by Executive Order 227 and had been absent for four consecutive
Republic Act No. 8533; The phrase "However, years and the spouse present has a well-
in case of marriage celebrated before the founded belief that the absent spouse
effectivity of this Code and falling under was already dead. In case of
Article 36, such action or defense shall
disappearance where there is danger of
prescribe in ten years after this Code shall
taken effect"has been deleted by Republic Act
death under the circumstances set forth
No. 8533 [Approved February 23, 1998]). in the provisions of Article 391 of the Civil
Code, an absence of only two years shall
DECLARATION OF ABSOLUTE NULLITY be sufficient.
SHALL NOT PRESCRIBE
There is need to declare a void marriage as For the purpose of contracting the
void or invalid. subsequent marriage under the preceding

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paragraph the spouse present must ARTICLE 42: The subsequent marriage
institute a summary proceeding as referred to in the preceding Article shall
provided in this Code for the declaration be automatically terminated by the
of presumptive death of the absentee, recording of the affidavit of reappearance
without prejudice to the effect of of the absent spouse, unless there is a
reappearance of the absent spouse. (83a) judgment annulling the previous marriage
or declaring it void ab initio.
VOID and VOIDABLE BIGAMOUS
MARRIAGE A sworn statement of the fact and
General Rule: A marriage contracted by any circumstances of reappearance shall be
person during subsistence of a previous recorded in the civil registry of the
marriage shall be null and void. residence of the parties to the
Exemption: Unless before the celebration of
the subsequent marriage, the prior spouse had
subsequent marriage at the instance of
been absent for four (4) consecutive years any interested person, with due notice to
(two (2) years, if there is danger of death) and the spouses of the subsequent marriage
the spouse present has a well-founded belief and without prejudice to the fact of
that the absent spouse was already dead.
reappearance being judicially determined
Kinds of Bigamous Marriages: in case such fact is disputed. (n)
1. Void Bigamous Marriage
Contracted by a person during the
subsistence of his or her previous
marriage. Here the good faith of the TERMINATION OF SUBSEQUENT
party who marries again is immaterial; MARRIAGE
the second marriage would still be The subsequent marriage (Article 41) shall be
void. On the other hand, the person automatically terminated by the recording of
who marries again in bad faith is even an Affidavit of Reappearance of the absent
criminally liable for bigamy. spouse in the office of the LCR of the
2. Voidable Bigamous Marriage residence of the parties to second marriage.
Contracted by a person whose spouse Affidavit of Reappearance may be executed
had been absent for four (4) by:
consecutive years or two (2) years, 1. Returning spouse; and
said person having well-founded belief 2. Any interested party.
that his or her absent spouse was The fact of reappearance may be referred to
already dead, and after having the the courts in a proper action if such fact is
latter judicially declared presumptively disputed.
dead in a summary proceeding as The automatic termination of the second
provided by the Code. marriage will not apply if the previous
Four (4) years: in ordinary absence. marriage of present and returning spouse has
Two (2) years: in extraordinary been annulled or declared void by the courts.
absence under Article 391 of the Civil The law is silent as to the effect if the
Code). absentee spouse refuses to execute the
Article 391 of the Civil Code applies in affidavit of reappearance.
circumstances when there is Danger of
Death, namely:
1. The missing persons was on board a
vessel lost during a sea voyage, or an
airplane which is missing;
2. The missing person as in the armed forces
and had taken part in war; or,
3. The missing person was in danger of death ARTICLE 43: The termination of the
under other circumstances. subsequent marriage referred to in the
(Take Note: The two (2) year period of
absence shall be computed from the day
preceding Article shall produce the
the even from which death was following effects:
presumed.)
1) The children of the subsequent
Requisites for the Declaration of marriage conceived prior to its
Presumptive Death under Article 41 of
termination shall be considered
the FC: (Based in the case of Republic vs.
Nolasco) legitimate;
1. That the absent spouse has been missing for 2) The absolute community of property or
four (4) consecutive years, or two (2) the conjugal partnership, as the case
consecutive years if the disappearance occurred may be, shall be dissolved and
where there is danger of death under the liquidated, but if either spouse
circumstances laid down in Article 391 of the
Civil Code; contracted said marriage in bad faith,
2. That the present spouse wishes to remarry; his or her share of the net profits of the
3. That the present spouse has a well-founded community property or conjugal
belief that the absentee is dead; and partnership property shall be forfeited
4. That the present spouse files a summary
proceeding for the declaration of presumptive
in favor of the common children or, if
death of the absentee. there are none, the children of the

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guilty spouse by a previous marriage or


in default of children, the innocent below twenty-one, and the marriage
spouse; was solemnized without the consent of
3) Donations by reason of marriage shall the parents, guardian or person having
remain valid, except that if the donee substitute parental authority over the
contracted the marriage in bad faith, party, in that order, unless after
such donations made to said donee are attaining the age of twenty-one, such
revoked by operation of law; party freely cohabited with the other
4) The innocent spouse may revoke the and both lived together as husband
designation of the other spouse who and wife;
acted in bad faith as beneficiary in any
insurance policy, even if such 2) That either party was of unsound mind,
designation be stipulated as unless such party after coming to
irrevocable; and reason, freely cohabited with the other
5) The spouse who contracted the as husband and wife;
subsequent marriage in bad faith shall
be disqualified to inherit from the 3) That the consent of either party was
innocent spouse by testate and obtained by fraud, unless such party
intestate succession. (n) afterwards, with full knowledge of the
facts constituting the fraud, freely
EFFECTS OF TERMINATION FO cohabited with the other as husband
SUBSEQUENT MARRIAGE and wife;
Article 41 (1): provides that no child under
seven (7) years of age shall be separated from
the mother, unless the court fins compelling 4) That the consent of either party was
reasons. obtained by force, intimidation or
Net Profit: refers to the increase in value undue influence, unless the same
between the market value of the community
having disappeared or ceased, such
property at the time of the celebration of the
marriage and the market value at the time of party thereafter freely cohabited with
its dissolution. the other as husband and wife;
The Capital contributed by each spouse will be
retained by them regardless of good or bad
5) That either party was physically
faith.
If one spouse acted in bad faith, his or her incapable of consummating the
share of Net Profit will be forfeited in favor of marriage with the other, and such
the children. If there is no marriage, shares will incapacity continues and appears to be
be given to the guilty partys children. incurable; or
If there are no existing children, shares will be
given to the Innocent spouse.
If there is an Insurance Policy, it will be revoked if 6) That either party was afflicted with a
one acted in bad faith. sexually-transmissible disease found to
Take Note: Article 43 (par. 2, 3, 4 and 5) and
Article 44 applies to marriages declared void
be serious and appears to be incurable.
ab initio or annulled by the final judgment (85a)
under Articles 40 and 45.
In the subsequent marriage, the children are
considered legitimate. Take Note: This provision should be read
altogether with Article 47.
ARTICLE 44: If both spouses of the This article speaks about Ground for
Annulment.
subsequent marriage acted in bad faith, These instances must exist at the time of the
said marriage shall be void ab initio and celebration of the marriage.
all donations by reason of marriage and A voidable marriage remains valid until it is
testamentary dispositions made by one in annulled.
favor of the other are revoked by A voidable marriage may be ratified by free
and voluntary cohabitation.
operation of law. (n) Discussion:

If both acted in bad faith, marriage will be void 1. Lack of parental consent
ab ignition and donations will be revoked by This applied to parties who, being 18
operations of law. above but below 21 years of age, get
married without Parental Consent.
May be ratified if after 21 years of age
they freely cohabit with each other.
ARTICLE 45: A marriage may be
annulled for any of the following causes, 2. Insanity of one of the parties
existing at the time of the marriage: Mere mental weakness does not
deprive a party to understand the
consequence he or she is taking, thus,
1) That the party in whose behalf it is it does not affect validity of marriage,
sought to have the marriage annulled unless amount of psychological
was eighteen years of age or over but

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incapacity deprives him to perform referred to in Number 3 of the preceding


Essential Marital Obligation. (Art. 36)
Article:
Insanity must exist At the time of
marriage and not prior to marriage.
1) Non-disclosure of a previous conviction
3. Fraud by final judgment of the other party of
Those justified in Article 46 are the a crime involving moral turpitude;
only instances where fraud will justify 2) Concealment by the wife of the fact
the annulment of marriage.
May be ratified if, after full knowledge
that at the time of the marriage, she
of such fraud, party freely cohabits. was pregnant by a man other than her
husband;
4. Force, intimidation or undue influence 3) Concealment of sexually transmissible
Violation (Force): when in order to disease, regardless of its nature,
wrest consent, serious or irresistible
force is employed. existing at the time of the marriage; or
Intimidation: when one of the party 4) Concealment of drug addiction,
is compelled by reasonable and well- habitual alcoholism or homosexuality
grounded fear of an imminent and or lesbianism existing at the time of
grave evil upon his person or property, the marriage.
or upon the person or property of his
spouse, descendants or ascendants, to
give his consent. No other misrepresentation or deceit as to
Undue Influence: when a person character, health, rank, fortune or
takes improper advantage of his power chastity shall constitute such fraud as will
over the will of another, depriving the give grounds for action for the annulment
latter of a reasonable freedom of
choice. of marriage. (86a)

5. Impotency CIRCUMSTANCES THAT CONSTITUTE


Refers to lack of power of copulation FRAUD:
and not to mere sterility. This article should be read in connection with
Impotence must exist at the time of Article 45, No. 3, of the Family Code regarding
marriage and must appear continuous Fraud.
and incurable. The enumeration here of possible grounds is
exclusive, meaning that no other kind of fraud
6. Affliction of Sexually-Transmissible Disease is ground for the annulment of the marriage.
found to be serious and which appears If pregnancy is already physically apparent (6 th
incurable (STD) month), Article 46 (2) cannot apply because
Article 45 (6): If one party is found to there is no more concealment.
have STD and appears to serious and Good faith is NOT a defense here.
incurable, it is a ground for annulment.
Article 46 (3): If STD was concealed
from the innocent party, it constitutes
fraud. ARTICLE 47: The action for annulment of
marriage must be filed by the following
persons and within the periods indicated
Annulment Legal Separation herein:
a) The marriage was a) There was no defect in
defective at the very the marriage at the 1) For causes mentioned in number 1 of
beginning. beginning.
Article 45 by the party whose parent or
b) The cause for b) The cause for legal
annulment must separation arises after guardian did not give his or her
already exist at the the marriage celebration. consent, within five years after
time of the marriage. attaining the age of twenty-one, or by
c) There are six (6) c) There are ten (10) the parent or guardian or person
grounds for Annulment. ground of Legal
having legal charge of the minor, at
Separation.
d) Annulment dissolves d) The marriage remains. any time before such party has
the marriage bond; the reached the age of twenty-one;
parties are free to 2) or causes mentioned in number 2 of
marry again. Article 45, by the same spouse, who
e) From the angle of e) From the said angle,
had no knowledge of the other's
Private International the grounds are those
Law, the grounds are given by the National insanity; or by any relative or guardian
generally those given Law, not the Lex Loci or person having legal charge of the
in the Lex Loci Celebrationis for in legal insane, at any time before the death of
Celebrationis (by separation, the very either party, or by the insane spouse
implication from Article validity of the marriage
71 of the Civil Code). itself is not questioned,
during a lucid interval or after
unlike in the case of regaining sanity;
annulment. 3) For causes mentioned in number 3 of
Article 45, by the injured party, within
ARTICLE 46: Any of the following five years after the discovery of the
circumstances shall constitute fraud fraud;

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4) For causes mentioned in number 4 of and the custody and support of their
Article 45, by the injured party, within common children. The Court shall give
five years from the time the force, paramount consideration to the moral
intimidation or undue influence and material welfare of said children and
disappeared or ceased; their choice of the parent with whom they
5) For causes mentioned in number 5 and wish to remain as provided to in Title IX. It
6 of Article 45, by the injured party, shall also provide for appropriate
within five years after the marriage. visitation rights of the other parent. (n)
(87a)
SUPPORT OF THE SPOUSE AND THE
PRESCRIPTION OF ACTION COMMON CHILDREN
Refer to the table at the back. During the pendency of action and the
absence of adequate provisions in a written
agreement between the spouses, the court
ARTICLE 48: In all cases of annulment or shall:
declaration of absolute nullity of 1. Provide for the support of the spouses and
marriage, the Court shall order the the custody of their common children;
2. Give paramount consideration to the moral
prosecuting attorney or fiscal assigned to
and material welfare of said children and
it to appear on behalf of the State to take their choice of the parent with whom they
steps to prevent collusion between the wish to remain; and
parties and to take care that evidence is 3. Provide for appropriate visitation rights of
not fabricated or suppressed. the other parent.
No child under seven years of age shall be
In the cases referred to in the preceding separated from the mother, unless the court
paragraph, no judgment shall be based finds compelling reasons to order otherwise
upon a stipulation of facts or confession [Art. 213 (2)].
of judgment. (88a)

PURPOSE OF THIS ARTICLE ARTICLE 50: The effects provided for by


Marriage is not just a contract between the paragraphs (2), (3), (4) and (5) of Article
parties but a social institution in the
preservation of which the State is interested. 43 and by Article 44 shall also apply in
It is true that marriage may be annulled by the proper cases to marriages which are
certain causes, nut if instead of proving these declared ab initio or annulled by final
causes the party concerned will only submit judgment under Articles 40 and 45.
either a stipulation of facts or a confession
of judgement.
The final judgment in such cases shall
Stipulation of Facts Confession of Judgement provide for the liquidation, partition and
Facts agreed upon A statement by the distribution of the properties of the
and signed by erring spouse to the spouses, the custody and support of the
both the husband effect that he or she is
and wife. not against the
common children, and the delivery of
annulment, then the third presumptive legitimes, unless such
court will refuse to matters had been adjudicated in previous
render judgment. judicial proceedings.
If aside from the stipulation of facts or
confession of judgement, there is still All creditors of the spouses as well as of
sufficient evidence, the court may render a the absolute community or the conjugal
judgment annulling the marriage. partnership shall be notified of the
proceedings for liquidation.
Confession of Confession of
Judgment by warrant judgment or judgment
of Attorney by confession In the partition, the conjugal dwelling and
cognovit actionem the lot on which it is situated, shall be
Authority given by That rendered where, adjudicated in accordance with the
defendant to plaintiffs instead of defending
attorney allowing the himself, the defendant provisions of Articles 102 and 129.
latter to tell the court chooses to acknowledge
that the defendant the rightfulness of the EFFECTS OF MARRIAGES DECLARED VOID
confesses or admits plaintiffs action.
the plaintiffs claim to AB INITIO
be true and just. Under Articles 43 (par 2-5) and 44, the effects
This is done even of termination if a subsequent marriage shall
before the action is apply to final judgments annulling a voidable
actually filed. marriage or declaring the latters nullity
In the partition, the conjugal dwelling shall be
decided in accordance with Articles 102 to 129
ARTICLE 49: During the pendency of the
(Conjugal dwelling will be given to the spouse
action and in the absence of adequate who will get majority of the children), taking
provisions in a written agreement into account the best interests of the children.
between the spouses, the Court shall
provide for the support of the spouses

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a. In the appropriate Civil Registry; and


b. IN the registries of property of the places
ARTICLE 51: In said partition, the value
where the real properties distributed and
of the presumptive legitimes of all delivered are located.
common children, computed as of the Third persons will not be affected and
date of the final judgment of the trial prejudiced by the aforesaid judgment unless
court, shall be delivered in cash, property the recording aforementioned is complied
or sound securities, unless the parties, by with. (Third persons referred to are those
which the spouses have na utangan, na
mutual agreement judicially approved,
prendahan or the other way around.)
had already provided for such matters.
ARTICLE 53: Either of the former
The children or their guardian or the spouses may marry again after
trustee of their property may ask for the compliance with the requirements of the
enforcement of the judgment. immediately preceding Article; otherwise,
the subsequent marriage shall be null and
The delivery of the presumptive legitimes void.
herein prescribed shall in no way
prejudice the ultimate successional rights IN ORDER TO REMARRY AGAIN
of the children accruing upon the death of Either of the former spouses may marry again
either of both of the parents; but the only after complying with all the requirements
value of the properties already received of the preceding article.
under the decree of annulment or If any one of them remarries without
complying with such requirements, the
absolute nullity shall be considered as
subsequent marriage shall be null and void.
advances on their legitime. (n)
ARTICLE 54: Children conceived or born
PARTITION OF NET PROFITS
In the partition of the net profits of the
before the judgment of annulment or
absolute community or conjugal properties absolute nullity of the marriage under
between the spouses, the value of the Article 36 has become final and executory
presumptive legitimes of their common shall be considered legitimate. Children
children, computed as of the date of the final conceived or born of the subsequent
judgment of the court, shall be delivered to
them in cash, property, or sound securities, marriage under Article 53 shall likewise
unless the parties have already provided for be legitimate.
such matters and their agreement has been
approved by the court. CHILDREN BORN IN SUBSEQUENT
If the delivery of the childrens presumptive
MARRIAGE
legitime is not made although ordered by the
Children conceived or born of the subsequent
court, the children, or their guardians or
trustees, may ask the court to enforce said marriage under the immediately preceding
judgment. article (Art. 53) shall, however, be legitimate,
The delivery of the presumptive legitimes of although said subsequent marriage is null and
the children shall be considered advances on void.
their legitime and shall not prejudice their Children conceived or born before the
ultimate successional rights accruing to them judgment of annulment of marriage under the
upon the death of either parent. preceding provisions shall be considered
legitimate. This is because voidable or
annullable marriages are valid until annulled.
ARTICLE 52: The judgment of annulment
Children of marriages that are judicially
or of absolute nullity of the marriage, the declared null and void ab initio are, however,
partition and distribution of the properties illegitimate (Art. 165), except for children born
of the spouses and the delivery of the of the void marriages under Art. 36 and under
children's presumptive legitimes shall be the immediately preceding Art. 53.
recorded in the appropriate civil registry
and registries of property; otherwise, the
same shall not affect third persons. (n)

NOTIFICATION TO THE L.C.R.


This Article is a reminder that, once
separated, the L.C.R. must be notified.
Requirements under this article:
(The recording in the appropriate civil registry
and property of the following)
1. Judgment of annulment or of absolute
nullity of the marriage;
2. Partition and distribution of the properties
of the spouse; and
3. Delivery of the childrens presumptive
legitimes.
The requirements mentioned above shall be
recorded:

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ARTICLE 1: This Act shall be known as


the Civil Code of the Philippines.

ARTICLE 1: This Act shall be known as


the Civil Code of the Philippines.

ARTICLE 1: This Act shall be known as


the Civil Code of the Philippines.

ARTICLE 1: This Act shall be known as


the Civil Code of the Philippines.

ARTICLE 1: This Act shall be known as


the Civil Code of the Philippines.

ARTICLE 1: This Act shall be known as


the Civil Code of the Philippines.

ARTICLE 1: This Act shall be known as


the Civil Code of the Philippines.

ARTICLE 1: This Act shall be known as


the Civil Code of the Philippines.

ARTICLE 1: This Act shall be known as


the Civil Code of the Philippines.

ARTICLE 1: This Act shall be known as


the Civil Code of the Philippines.
ARTICLE 1: This Act shall be known as
the Civil Code of the Philippines.
ARTICLE 1: This Act shall be known as
ARTICLE 1: This Act shall be known as the Civil Code of the Philippines.
the Civil Code of the Philippines.

ARTICLE 1: This Act shall be known as ARTICLE 1: This Act shall be known as
the Civil Code of the Philippines. the Civil Code of the Philippines.

ARTICLE 1: This Act shall be known as


the Civil Code of the Philippines. ARTICLE 1: This Act shall be known as
the Civil Code of the Philippines.
ARTICLE 1: This Act shall be known as
the Civil Code of the Philippines.
ARTICLE 1: This Act shall be known as
the Civil Code of the Philippines.
ARTICLE 1: This Act shall be known as
the Civil Code of the Philippines.
ARTICLE 1: This Act shall be known as
ARTICLE 1: This Act shall be known as the Civil Code of the Philippines.
the Civil Code of the Philippines.

ARTICLE 1: This Act shall be known as ARTICLE 1: This Act shall be known as
the Civil Code of the Philippines. the Civil Code of the Philippines.

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ARTICLE 1: This Act shall be known as ARTICLE 1: This Act shall be known as
the Civil Code of the Philippines. the Civil Code of the Philippines.

ARTICLE 1: This Act shall be known as ARTICLE 1: This Act shall be known as
the Civil Code of the Philippines. the Civil Code of the Philippines.

ARTICLE 1: This Act shall be known as ARTICLE 1: This Act shall be known as
the Civil Code of the Philippines. the Civil Code of the Philippines.

ARTICLE 1: This Act shall be known as ARTICLE 1: This Act shall be known as
the Civil Code of the Philippines. the Civil Code of the Philippines.

ARTICLE 1: This Act shall be known as ARTICLE 1: This Act shall be known as
the Civil Code of the Philippines. the Civil Code of the Philippines.

ARTICLE 1: This Act shall be known as ARTICLE 1: This Act shall be known as
the Civil Code of the Philippines. the Civil Code of the Philippines.

ARTICLE 1: This Act shall be known as ARTICLE 1: This Act shall be known as
the Civil Code of the Philippines. the Civil Code of the Philippines.

ARTICLE 1: This Act shall be known as


the Civil Code of the Philippines.
ARTICLE 1: This Act shall be known as
the Civil Code of the Philippines.

ARTICLE 1: This Act shall be known as ARTICLE 1: This Act shall be known as
the Civil Code of the Philippines. the Civil Code of the Philippines.

ARTICLE 1: This Act shall be known as ARTICLE 1: This Act shall be known as
the Civil Code of the Philippines. the Civil Code of the Philippines.

ARTICLE 1: This Act shall be known as ARTICLE 1: This Act shall be known as
the Civil Code of the Philippines. the Civil Code of the Philippines.

ARTICLE 1: This Act shall be known as ARTICLE 1: This Act shall be known as
the Civil Code of the Philippines. the Civil Code of the Philippines.

ARTICLE 1: This Act shall be known as ARTICLE 1: This Act shall be known as
the Civil Code of the Philippines. the Civil Code of the Philippines.

ARTICLE 1: This Act shall be known as ARTICLE 1: This Act shall be known as
the Civil Code of the Philippines. the Civil Code of the Philippines.

ARTICLE 1: This Act shall be known as ARTICLE 1: This Act shall be known as
the Civil Code of the Philippines. the Civil Code of the Philippines.

ARTICLE 1: This Act shall be known as ARTICLE 1: This Act shall be known as
the Civil Code of the Philippines. the Civil Code of the Philippines.

PERSONS AND FAMILY RELATIONS REVIEWER


33 | P a g e L A W Y E R S I N T H E M A K I N G FROM ST. THOMAS MORE SCHOOL OF LAW AND BUSINESS

ARTICLE 1: This Act shall be known as


the Civil Code of the Philippines.

ARTICLE 1: This Act shall be known as


the Civil Code of the Philippines.

ARTICLE 1: This Act shall be known as


the Civil Code of the Philippines.

ARTICLE 1: This Act shall be known as


the Civil Code of the Philippines.

ARTICLE 1: This Act shall be known as


the Civil Code of the Philippines.

ARTICLE 1: This Act shall be known as


the Civil Code of the Philippines.

PERSONS AND FAMILY RELATIONS REVIEWER

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