01 Memory Aid Persons and Family Relatio
01 Memory Aid Persons and Family Relatio
01 Memory Aid Persons and Family Relatio
1. Presidential Decrees;
E FFECT AND A PPLICATION OF 2. Laws which refer to all statutes, including local and
L AWS private laws;
3. Administrative Rules and Regulations where
The Civil Code took effect on August 30, 1950. purpose is to enforce/implement existing law
pursuant to a valid delegation;
E FFECTIVITY OF L AWS (A RT .2) 4. Charter of a City;
5. Circulars issued by the Monetary Board where
purpose is not merely to interpret but to fill in the
General Rule: Laws take effect after 15 days following details of the Central Bank Act;
the completion of its publication in the Official Gazette 6. Circulars and Regulations which prescribe a penalty
or in a newspaper of general circulation (EO No. 200). for its violation (People vs. Que Po Lay, G.R. No. L-
6791, March 29, 1954);
The law shall take effect on the 16th day because in 7. Executive Orders (Tañada vs. Tuvera G.R. No. L-
counting the period, the first day is excluded and the 63915, December 29, 1986).
last day included (Art. 13, NCC).
Publication not Required (I – L)
No one shall be charged with notice of the statute’s 1. Interpretative regulations and those internal in
provision until publication is completed and the 15 day nature, regulating only the personnel of the
period has expired. administrative agency.
2. Letters of Instructions issued by administrative
Exception: Unless otherwise provided by the law (EO superiors on rules/guidelines to be followed by
No. 200). subordinates in the performance of their duties
(Tañada vs. Tuvera, ibid).
The exception refers to the “15-day period” only and
not the requirement of publication. Publication is Date of effectivity of Municipal Ordinances is NOT
indispensable, absence of which will not render the covered by this rule but by the Local Government
law effective (Tañada v. Tuvera G.R. No. L-63915, Code (Tañada vs. Tuvera, supra).
December 29, 1986).
I GNORANCE OF THE L AW
Rules on Period Provided by Statute
E XCUSES NO ONE (A RT .3)
Shorter/longer period than the 15-day
Such period as provided in the statute shall prevail. Conclusive Presumption
Every person is presumed to know the law even if they
Takes effect immediately have no actual knowledge of the law. It applies only to
It shall take effect immediately after publication with mandatory and prohibitory laws.
the 15-day period being dispensed with (Tañada vs.
Tuvera G.R. No. L-63915, December 29, 1986). Does not apply to foreign laws because there is no
judicial notice of such foreign laws; it must be proved
No provision as to its effectivity like any other matter of fact (Ching Huat vs. Co Heong
It takes effect 15 days following its publication. L-1211, January 30, 1947).
Note: Mistakes in the application or interpretation of
Coverage (PLAC3E)
2. Binding between parties after the lapse of appeal 2. Months - 30 days, unless month identified;
period; and 3. Days – 24 hours;
3. Will bind all future cases with identical facts, until 4. Nights – Sunset to sunrise;
reversed by SC. 5. Calendar week – Sunday to Saturday;
6. Week – Count 7 days as indicated, not necessarily
Judicial decisions, although in themselves not laws, Sunday to Saturday.
assume the same authority as the statute itself
(People vs. Licera G.R. No. L-39990, July 2, 1975). To count the period, first day is excluded, last day is
included.
No publication required, binding on parties after the
lapse of appeal period, and will bind all future cases Exception: Rule does NOT apply to computation of
with identical facts, until reversed by SC. age; each year is counted based on birth anniversary.
The application or interpretation placed by the Court Policy if the Last Day is a Sunday or a Legal Holiday
upon a law is part of the law as of the date of 1. If the act to be performed within the period is
enactment of said law because the Supreme Court’s prescribed or allowed (a) by the Rules of Court, (b)
interpretation merely establishes the by an order of the court, or (c) by any other
contemporaneous legislative intent that the construed applicable statute, the last day will automatically be
law purports to carry into effect (People v. Licera G.R. considered the next working day.
No. L-39990, July 2, 1975). 2. If the act to be performed within the period arises
from a contractual relationship, the act will become
HOWEVER, when a doctrine is overruled and a due despite the fact that the last day falls on a
different view is adopted, the new doctrine should be Sunday or Holiday.
applied prospectively and should not prejudice parties
who relied on the old doctrine (People v. Jabinal G.R. P ROVISION ON C ONFLICT OF
No. L-30061, February 27, 1974).
L AW (A RTS .14-17)
C USTOMS (A RTS .11 AND 12)
1. Penal Laws and laws of public security (Article 14):
Territoriality rule governs regardless of the
Customs nationality but subject to principles of international
Rules of conduct formed by repetition of acts uniformly law and to treaty stipulations.
observed as a social rule. They are legally binding and
obligatory. 2. Laws relating to family rights and duties, or to
General Rule: Customs must be proved as a fact status, condition and legal capacity of persons
according to the rules of evidence. (Article 15): Nationality rule applies regardless of
their place of residence.
Exception: A court may take judicial notice of a custom
if there is already a decision rendered by the same Exception: Divorce validly obtained abroad by alien
court recognizing the custom. spouse capacitating him or her to remarry, the
Filipino spouse shall have capacity to remarry under
Requisites to Make a Custom an Obligatory Rule: Philippine law. (Article 26 (2) Family Code)
(P2OT)
1. Plurality or repetition of acts; 3. Laws on property (real and personal)
2. Practiced by the great mass of the social group;
3. The community accepts it as a proper way of acting, Lex Rei Sitae: The law of the country where the
such that it is considered as obligatory upon all; property is situated shall govern property
4. Continued practice for a long period of time. transactions. (Article 16 (1))
rights;
d. Order of
succession.
4. Laws on forms and solemnities
Lex Loci Celebrationis: Forms and solemnities of Rules on Personal Law: Domiciliary Rule and
contracts, wills, and other public instruments Nationality Rule Distinguished
(extrinsic validity) shall be governed by the laws of Domiciliary Rule Nationality Rule
the country in which they are executed (Article 17).
Basis for determining Basis for determining
Exceptions: personal law of an personal law is his
a. Marriage between Filipinos solemnized abroad individual is his CITIZENSHIP
shall be void though valid abroad when void DOMICILE
under Philippine laws. (Article 26(1) FC)
b. Intrinsic Validity of Contracts: Validity is 5. Renvoi Doctrine: Occurs when a citizen of another
determined by the following rules: country dies as a domiciliary of another country.
i. The law stipulated by the parties shall be Where the conflict rules of the forum refer to a
applied; foreign law, and the latter refers it back to the
ii. In default thereof, and the parties are of the internal law, the law of the forum shall apply.
same nationality, their national law shall be
applied; Transmission Theory: If the foreign law refers it to a
iii. If the parties are not of the same nationalities, third country, the said country’s law shall govern.
the law of the place of the perfection of the
obligation shall govern its fulfillment; 6. Doctrine of Processual Presumption: The foreign
iv. If the above places are not specified and they law, whenever applicable, should be proved by the
cannot be deduced from the nature and proponent thereof; otherwise, such law shall be
circumstances of the obligation, then the law of presumed to be exactly the same as the law of the
the passive subject shall apply. forum.
one who has knowingly and voluntarily exposed 2. Acquisition is undue and at the expense of another,
himself to danger, even if he is not negligent in doing which means without just or legal ground.
so (Nikko Hotel Manila Garden, et all vs. Roberto
Reyes (Amay Bisaya) G.R. No. 154259, Feb. 28,
2005).
Exceptions:
P RINCIPLE OF U NJUST 1. In case of prejudicial questions, the criminal case is
E NRICHMENT (A RT .22) suspended because the issues in the civil case are
determinative of the outcome of the criminal case.
No. L-26795, July 31, 1970) Note: Article 43 applies when the case involves two or
more persons who are called to succeed each other.
Note: The concept of provisional personality CANNOT But if the parties are not called to succeed each other,
be invoked to obtain damages for and in behalf of an Rule 131, Sec. 3 (jj) of the Rules of Court applies.
aborted child (Geluz vs. CA, G.R. No. L-16439, July Both are to be applied only in the absence of facts.
20, 1961). (Paras, p. 248)
A conceived child is already entitled to support from its Rule 131 Section 3 (jj). That except for purposes of
progenitors (Quimiguing vs. Icao, G.R. No. L-26795, succession, when two persons perish in the same
July 31, 1970) and can be acknowledged even before calamity, such as wreck, battle, or conflagration, and it
it is born (De Jesus v. Syquia, 58 Phil. 866). is not shown who died first, and there are no particular
circumstances from which it can be inferred, the
survivorship is determined from the probabilities
When is a child considered born: (Art. 41) resulting from the strength and the age of the sexes,
according to the following rules:
General Rule: For civil purposes, the fetus is 1. If both were under the age of fifteen years, the
considered born if it is alive at the time it is completely older is deemed to have survived;
delivered from the mother’s womb. 2. If both were above the age sixty, the younger is
deemed to have survived;
Exception: If the fetus had an intra-uterine life of less 3. If one is under fifteen and the other above sixty, the
than 7 months, it is NOT deemed born if it dies within former is deemed to have survived;
24 hours after its complete delivery from the maternal 4. If both be over fifteen and under sixty, and the sex
womb (Article 41). be different, the male is deemed to have survived,
if the sex be the same, the older;
Illustration: 5. If one be under fifteen or over sixty, and the other
Intra-uterine life When considered born between those ages, the latter is deemed to have
7 months or more Alive upon complete survived.
delivery
- regardless whether the JURIDICAL PERSONS (Art. 44 to 46)
child dies within 24 A juridical person is a being of legal existence
hours or not susceptible of rights and obligations, or of being the
subject of juridical relations (Roldan vs. Philippine
Less than 7 months Alive upon complete
delivery AND at least 24 Veterans Board G.R. No. L-11973, June 30, 1959)
hours thereafter
Who are juridical persons:
1. State and its political subdivisions
The legitimacy or illegitimacy of a child attaches upon
2. Corporations for public interest - governed either by
conception (Continental Steel Manufacturing Corp. v.
the Corporation Code or their special charters
Hon. Accredited Voluntary Arbitrator, et al., G.R. No.
passed by the legislature.
182836, October 13, 2009).
Personality begins as soon as they have been
How civil personality is extinguished
constituted according to law
Civil personality is extinguished by death. The effect of
death upon the rights and obligations of the deceased
3. Corporations, partnerships and associations for
is determined by law, by contract and by will (Art. 42).
private interest
Presumption of survivorship
Corporations are governed by the Corporation
In case of doubt as to which of two or more persons
Code. Their personality exist from the moment a
called to succeed each other died first:
certificate of incorporation is granted to it from the
1. Whoever alleges the death of one prior to the other
Securities and Exchange Commission (Sec. 19,
shall prove the same
Corporation Code)
2. In the absence of proof, the presumption is that the
parties died at the same time and there shall be no
By a contract of partnership, two or more persons
transmission of rights from one another (Art. 43)
bind themselves to contribute money, property or
industry to a common fund, with the intention of absent, he intends to return. (Uytengsu v. Republic,
dividing the profits among themselves; or for the 50 O.G. 4781, Oct. 1954)
exercise of profession (Art. 1767, NCC).
Partnerships are governed by the contract between Note: Three basic rules on domicile of choice:
partners and the provisions of Art. 1767 to 1867 of (Ugdoracion vs. COMELEC G.R. No. 179851, April
the Civil Code. 18, 2008):
a. A man must have a residence or domicile
somewhere;
C ITIZENSHIP AND D OMICILE b. Domicile, once established, remains until a new
one is validly acquired; and
Citizenship c. A man can have but one residence or domicile at
It is the membership in a political community which is any given time.
more or less permanent in nature. Article IV of 1987 d. Every sui generis may change his domicile.
Philippine Constitution now governs the rule on
citizenship. 3. Domicile by operation of law – attributes to a person a
Modes of acquiring citizenship domicile independent of his own intention or actual
1. Jus sanguinis – by blood, wherever he may be born residence, ordinarily resulting from legal domestic
2. Jus soli – by place of birth relations, as that of the wife arising from marriage, or
3. Naturalization – artificial means (judicial or the relation of a parent and a child
administrative) by which a state adopts an alien and
gives him imprint and endowment of a citizen of that Requirements for the acquisition of new domicile
country (Romualdez v. RTC, Br. 7, Tacloban City, 226 SCRA
408, 415)
Domicile 1. Bodily presence in a new locality – actual removal
For the exercise of civil rights and the fulfillment of civil or actual change of domicile
obligations, the domicile of natural persons is the 2. Intention to remain therein (animus manendi)
place of their habitual residence (Art. 50 NCC). 3. Intention to abandon the old domicile (animus non
revertendi)
Residence Domicile
Denotes a fixed Rules for determining the domicile of juridical persons
Indicates a place of permanent residence, (Article 51):
abode, whether which when absent, one A.Get the domicile provided for in the law creating or
permanent or temporary has the intention of recognizing them or in their articles of agreement.
returning B.If not provided for, get the place:
There can be several There can only be one 1. Where their legal representation is established.
places of residence place of domicile 2. Or where they exercise their principal functions.
No length of residence
It is residence coupled If the corporation has head office and with branches,
without intention of
with intention to remain the domicile is where the head office is located.
remaining will constitute
for an unlimited time (Paras, p. 366)
domicile
Marriage and ordinary contract distinguished 1. Mere breach of promise to marry is not an
Marriage Ordinary Contract actionable wrong; but to formally set a wedding and
Special contract Merely a contract go through all the preparations and publicity, only to
Social institution Merely a contract walk out of it when the matrimony is about to be
Governed by law on Governed by law on solemnized, is quite different. This is palpably and
marriage contracts unjustifiably contrary to good customs for which
Not subject to defendant must be held answerable in damages
Generally subject to pursuant to Art. 21 NCC. (Wassmer vs. Velez, No.
stipulations except in
stipulations L-20089, December 26, 1964)
property relations
2. Where a man’s promise to marry was the proximate
Minors may contract
cause of giving herself unto him in sexual congress
Legal capacity is through their parents or
and there is proof he had no intention of marrying
required guardians or in some
her, the promise being a deceptive device, damages
cases by themselves
may be awarded pursuant to Art. 21 NCC because
Contracting parties
of the fraud and deceit behind it and the willful injury
must only be two
Two or more parties to her honor and reputation (Baksh vs. CA, G.R. No.
persons – one is a
regardless of gender 97336, February 19, 1993).
female and the other is
a male
ESSENTIAL REQUISITES OF MARRIAGE: (LC)
Parties can fix a period
1. Legal capacity of the contracting parties, who must
for its efficacy to be
Permanent union be a male and a female
ineffective after a few
a. Eighteen years old or above
years
b. Not under any impediment mentioned in Arts.
Breach of obligations of Breach of ordinary 37 and 38 (Art. 5)
husband and wife does contracts gives rise to 2. Consent freely given in the presence of a
not give rise to an an action for damages solemnizing officer (Art. 2)
action for damages. No particular form required
age of 17, counting starts when parties reach 18 (Sta. Maria, M., Persons and Family Relations, 2010,
years). p. 154).
This 5–year period should be the years Testimony of one of the parties to the marriage,
immediately before the day of the marriage and it witnesses or solemnizing officer is admissible to prove
should be a period of cohabitation characterized the fact of marriage (Balogbog v. CA, G.R. No. 83598,
by EXCLUSIVITY – meaning no legal impediment March 7, 1997).
was present at any time within the 5 years and
CONTINUITY – that is unbroken (Republic v. It may also be proved by parol evidence (Sta. Maria,
Dayot, G.R. No. 175581, March 8, 2008). M., Persons and Family Relations, 2010, p.156).
5. Solemnized outside the Phil. where no marriage Mere cohabitation is not direct proof of marriage, and
license is required by the country where they were it must be proved by proper documents or by oral
solemnized (Art. 26 par. 1) testimony in case they have been lost ( Sta. Maria, M.,
Persons and Family Relations, 2010, p.158).
Solemnizing of a marriage involving a foreign
contracting party in the Philippines (Art. 21) Once the presumption of marriage arises, other
When either or both parties are foreign citizens, they evidence may be presented in support thereof. The
must first submit a CERTIFICATE OF LEGAL evidence need not necessarily or directly establish the
CAPACITY TO MARRY issued by their marriage but must at least be enough to strengthen
diplomatic/consular officials before marriage license the presumption of marriage. Every intendment of law
can be obtained. leans toward legitimizing marriage (Delgado vda de
De la Rosa v. Heirs of Marciana vda de Damian, GR
Ratio: A certificate of legal capacity is necessary No 155733, January 27, 2006).
because the Philippines, insofar as marriage is
concerned, adheres to the national law of the The Supreme Court rules in (Trinidad vs. CA, G.R. No.
contracting parties with respect to their legal capacity 118904. April 20, 1998) that when the question of
to contract marriage. Without this certification of legal whether a marriage has been contracted arises in
capacity, the local civil registrar will not issue the litigation, said marriage may be proven by relevant
marriage license (Sta. Maria, M., Persons and Family evidence. To prove the fact of marriage, the following
Relations, 2010, p. 151). would constitute competent evidence: the testimony of
a witness to the matrimony, the couple’s public and
Exception: Marriage of both foreign citizens will be open cohabitation as husband and wife after the
solemnized by their country’s consul-general assigned alleged wedlock, the birth and the baptismal
in the Philippines, if their country’s law allows the certificates of children born during such union, and the
same mention of such nuptial in subsequent documents.
Note: Marriage certificate is NOT an essential It is well-settled in our jurisdiction that our courts
requisite of marriage and should NOT be confused cannot take judicial notice of foreign laws. Like any
with a marriage license. other facts, they must be alleged and proved.
Australian marital laws are not among those matters
that judges are supposed to know by reason of their
M ARRIAGE C ELEBRATED judicial function. The power of judicial notice must be
O UTSIDE THE P HILIPPINES exercised with caution, and every reasonable doubt
(A RT .26) upon the subject should be resolved in the negative
(Garcia vs. Recio, G.R. No. 138322 October 2, 2001).
If both are foreigners, lex loci celebrationis applies. The Filipino spouse should likewise be allowed to
remarry as if he or she was a foreigner at the time of
Exceptions: Foreign marriages shall not be recognized the solemnization of the marriage. To rule otherwise
in the Philippines if: (B2MA-PIP) would sanction absurdity and injustice (Republic v.
1. Contracted by a national who is below 18 years of Orbecido III G.R. No. 154380 October 5, 2005).
age (Art. 35(1))
Party pleading it must prove divorce as a fact and
Note: This exception should be construed as demonstrate its conformity to the foreign law
referring to a situation where the marriage abroad is allowing it, which must be proved as courts cannot
between a Filipino and a Filipina and not between a take judicial notice of foreign laws. If a valid divorce
Filipino or Filipina and an alien married in the alien’s decree has been obtained abroad, there is no more
state where he or she (the alien), though below 18 need to file an action to nullify the marriage. The
years of age, is capacitated to marry (Sta. Maria, plaintiff has no more personality to sue since the
M., Persons and Family Relations, 2010, p. 165). marriage bond has already been severed (Felicitas
Amor-Catalan v. CA, G.R. No. 167109, February 6,
2. Bigamous or polygamous except as provided in Art. 2007).
41, FC (Art. 35(4))
3. Contracted through mistake of one party as to the Article 26(2) applies where parties were Filipino
identity of the other (Art. 35(5)) citizens at the time of the marriage was celebrated,
4. Contracted following the annulment or declaration of and later on, one of them becomes naturalized as a
nullity of a previous marriage but before partition foreign citizen and obtains a divorce decree: the
(Art.35(6)) reckoning point is their citizenship at the time the
5. Void due to psychological incapacity (Art. 36) valid divorce is obtained abroad by the alien spouse
6. Incestuous (Art.37) capacitating the latter to remarry (Rep. v. Obrecido
7. Void for reasons of public policy (Art. 38) III, G.R. No. 154380, Oct. 5, 2005).
Note: The existence of the pertinent provision of the In Edgar San Luis v. Felicidad Sagalongos (G.R.
foreign marriage law must be shown to prove a foreign No. 134029, February 6, 2007), it was held that a
marriage. Filipino who had been divorced by his alien spouse
abroad may NOT validly remarry in the Philippines if
the marriage was solemnized BEFORE the Family
General rule: A void marriage can be attacked The requirement for a declaration of absolute nullity of
collaterally. a marriage is also for the protection of the spouse
who, believing that his or her marriage is illegal and
Exceptions: void, marries again. With the judicial declaration of
a. Art. 40: a person in a void marriage who wants to the nullity of his or her marriage, the person who
remarry must first file a civil case to obtain a judicial marries again cannot be charged with bigamy. A
declaration of nullity of the first marriage judicial declaration of nullity is required before a valid
b. Obtaining a judicial declaration of nullity for subsequent marriage can be contracted; or else, what
purposes other than remarriage (legitimacy, transpires is a bigamous marriage, reprehensible and
settlement of estate, criminal case) when the validity immoral. (Teves vs. People, G.R. No. 188775, August
of the marriage is an issue 24, 2011).
c. If a donor desires to revoke a donation propter
nuptias (in consideration of the marriage) given to For purposes other than remarriage, such as but not
one or both the spouses on the ground that the limited to determination of heirship, legitimacy or
marriage is void (Sta. Maria, M., Persons and illegitimacy of a child, settlement of estate, dissolution
Family Relations, 2010, p. 196-198). of property regime or criminal case, other evidence is
acceptable to show the nullity of the marriage and the
JUDICIAL DECLARATION OF NULLITY (Art. 40) court may pass upon the validity of marriage so long
as it is essential to the determination of the case
The absolute nullity of a previous marriage may be (Niñal vs. Bayadog, G.R. No. 133778, March 14,
invoked for purposes of remarriage on the basis solely 2000).
of a final judgment declaring such previous marriage
void (Art. 40). Collateral attack of marriage is allowed.
Remarriage is not the sole purpose of declaration of In a case for concubinage, the accused need not
nullity of a marriage as it can be declared void for present a final judgment declaring his marriage void,
other purposes for he can adduce evidence in the criminal case of the
nullity of his marriage other than proof of a final
For purposes of remarriage, the only legally judgment declaring his marriage void (Beltran vs.
acceptable basis for declaring a previous marriage an People, G.R. No. 137567, June 20, 2000).
absolute nullity is a final judgment declaring such
previous marriage void I. VOID MARRIAGES DUE TO ABSENCE OF ANY
OF THE ESSENTIAL OR FORMAL REQUISITES:
Parties to a marriage should not be permitted to judge (BB–LAPIS)
for themselves its nullity, only competent courts having 1. Contracted by any party below 18 years of age even
such authority. Prior to such declaration of nullity, the with parental consent
validity of the first marriage is beyond question 2. Bigamous or polygamous marriages except Art 41
(Landicho vs. Rolova L-22579, February 23, 1968). 3. Solemnized WITHOUT a license except as
otherwise provided
One who enters into a subsequent marriage without 4. Solemnized by any person NOT LEGALLY
first obtaining such judicial declaration is guilty of authorized to perform marriages UNLESS one or
bigamy. This principle applies even if the earlier union both of the parties believed in good faith that the
is characterized by statute as “void” (Manuel vs. solemnizing officer had the legal authority to do so
People, G.R. No. 165842, November 29, 2005). 5. Marriages contracted through mistake of one of the
parties as to the physical identity of the other
Interestingly, in Lucio Morigo v. People, (GR No. 6. Subsequent marriages that are void under Article 53
145226, Feb. 6, 2004), the SC ruled that a judicial of the Family Code
declaration of nullity is NOT NEEDED where NO
MARRIAGE CEREMONY at all was performed by a General rule: A marriage contracted by any person
duly authorized solemnizing officer, as where the during the subsistence of a previous valid marriage
parties merely signed a marriage contract on their own shall be null and void (Gomez v. Lipana, GR. No. L–
without the presence of the solemnizing officer. 23214, June 30, 1970).
a. The offender has been legally married. Exception: Subsequent marriage is automatically
b. The marriage has not been legally dissolved or in terminated if the reappearance was recorded in a
case his or her spouse is absent, the absent sworn statement in the civil registry of the
spouse could not yet be presumed dead residence of the parties to the subsequent
according to the Civil Code. marriage at the instance of any interested person
c. The offender contracts a second or subsequent with due notice to said spouses, without prejudice
marriage. to the fact of reappearance being judicially
d. The second or subsequent marriage has all the determined in case such fact is disputed.
essential requisites for validity.
. Exception to the exception: If there was a
Exception: Before the celebration of the previous judgment annulling or declaring the first
subsequent marriage, a declaration of marriage a nullity, the subsequent bigamous
presumptive death is obtained after complying marriage remains valid.
with the following requirements: (JAB)
i. Judicial declaration of presumptive death; Notes: If the absentee reappears, but no step is
present spouse must file a summary taken to terminate the subsequent marriage either
proceeding for the declaration of the by affidavit or by court action, the absentee’s
presumptive death of the absentee without mere reappearance even if made known to the
prejudice to the latter’s reappearance. spouses in the subsequent marriage will not
ii. Absence of the other spouse must have been terminate such marriage (SSS v. Bailon, G.R. No
for 4 consecutive years, or 2 years where there 165545, March 24, 2006).
was danger of death under circumstances laid
down in Art. 391 of the NCC; By express provision of law (Art. 247, FC), the
iii. Well-founded belief of the present spouse who judgment of the court in a summary proceeding
wishes to marry that absent spouse is already shall be immediately final and executory. As a
dead; and matter of course, it follows that no appeal can be
had of the trial court’s judgment in a summary
There is no well-founded belief that the absent proceeding for the declaration of presumptive
spouse is already dead when the present party death of an absent spouse under Article 41 of the
fails to conduct a diligent search for the missing Family Code. It goes without saying, however,
party (Republic v. Nolasco, G.R. No. 94053, that an aggrieved party may file a petition for
March 17, 1993). certiorari to question abuse of discretion
amounting to lack of jurisdiction. Such petition
Note: This is intended to protect the present should be filed in the Court of Appeals in
spouse from criminal prosecution for bigamy accordance with the Doctrine of Hierarchy of
under Art 349 of the Revised Penal Code. Courts (Republic vs. Tango G.R. No. 161062 July
However, if the bigamous marriage was 31, 2009).
committed abroad, the guilty party cannot be
criminally prosecuted for bigamy in the Note: Enumeration in Art 35 is NOT exclusive. Other
Philippines as our penal statutes are territorial VOID marriages include:
in nature. 1. Marriages in a play, drama, or movie
2. Marriages between two boys and two girls
Exception to the exception: If both spouses of the 3. Marriages in jest
subsequent marriage acted in bad faith, said 4. Common law marriages
marriage shall be void ab initio and all donations
made by one in favor of the other are revoked by II. PSYCHOLOGICAL INCAPACITY (Art. 36)
operation of law (Art. 44).
No less than a mental (not physical) incapacity that
Effect of reappearance of absent spouse: causes a party to be truly incognitive of the basic
marital covenants that concomitantly must be
General rule: The subsequent bigamous marriage assumed and discharged by the parties to the
under Article 41 remains valid despite marriage. Its meaning is confined to the most serious
reappearance of the absentee spouse. cases of personality disorders clearly demonstrative of
an utter insensitivity or inability to give meaning and
significance to the marriage. This psychological A person who is unable to distinguish between fantasy
condition must exist at the time the marriage is and reality would be unable to comprehend the legal
celebrated (Santos vs. CA, G.R. No. 112019, January nature of the marital bond much less its psychic
4, 1995). meaning and the obligations attached to the marriage,
including parenting. One unable to adhere to reality
Psychological incapacity cannot be expected to adhere as well to any legal or
It is the downright incapacity or inability to take emotional commitments (Antonio v. Reyes, G.R. No.
cognizance of and to assume the basic marital 155800, March 10, 2006).
obligations. The burden of proving psychological
incapacity is on the plaintiff. The plaintiff must prove While disagreements on money matters would, no
that the incapacitated party, based on his or her doubt, affect the other aspects of one’s marriage as to
actions or behavior, suffers a serious psychological make the wedlock unsatisfactory, this is not a
disorder that completely disables him or her from sufficient ground to declare a marriage null and void.
understanding and discharging the essential In fact, the Court takes judicial notice of the fact that
obligations of the marital state. The psychological disagreements regarding money matters are common,
problem must be grave, must have existed at the time and even normal occurrences between husbands and
of marriage, and must be incurable (Kalaw v. wives (Tongol vs. Tongol, G.R. No. 157610, October
Fernandez, G.R. No. 166357, September 19, 2011). 19, 2007).
In Marable v. Marable, G.R. No. 178741, January 17, Petitioner is not entitled to moral damages based on
2011, the Supreme Court ruled that “the term declaration of psychological incapacity because the
‘psychological incapacity’ to be a ground for the nullity award of moral damages should be predicated, not on
of marriage under Article 36 of the Family Code, refers the mere act of entering into the marriage, but on
to a serious psychological illness afflicting a party specific evidence that it was done deliberately and
even before the celebration of the marriage. These are with malice by a party who had known of his or her
the disorders that result in the utter insensitivity or disability and yet willfully concealed the same (Noel
inability of the afflicted party to give meaning and Buenaventura v. CA, et al., G.R. No. 127358, March
significance to the marriage he or she has contracted. 31, 2005).
Psychological incapacity must refer to no less than a
mental (not physical) incapacity that causes a party to Jurisprudential guidelines (Molina doctrine) (Republic
be truly incognitive of the basic marital covenants that v. Molina G.R. No. 108763, February 13, 1997):
concomitantly must be assumed and discharged by (PROBE PIG)
the parties to the marriage.” 1. Incapacity must be permanent or incurable;
2. Root cause of the psychological incapacity must be:
Requisites of psychological incapacity: (JIG) a. Medically or clinically identified
1. Juridical Antecedence – Must be rooted in b. Alleged in the complaint:
the history of the party antedating the marriage, i. Sufficiently proven by experts
although the overt manifestations may emerge only ii. Clearly explained in the decision
after the marriage; and 3. Marital obligations refer to Art. 68–71, 220,221 and
2. Incurability – Must be incurable or, even if it 225 of the FC;
were otherwise, the cure would be beyond the 4. Plaintiff has burden of proof;
means of the party involved; 5. Incapacity proven to be existing at the time of the
3. Gravity – must be grave/serious such that the celebration of marriage;
party would be incapable of carrying out the 6. Trial court must order the prosecuting attorney or
ordinary duties required in a marriage (Santos vs. fiscal and the Solicitor General to appear for the
CA, G.R. No. 112019, January 4, 1995). state;
7. Illness is grave enough to bring about disability to
May involve a senseless, protracted and constant assume essential marital obligations; and
refusal to comply with the essential marital obligations Interpretations of the National Appellate Matrimonial
by one or both of the spouses although he, she or they Tribunal of the Catholic Church of the Philippines
are physically capable of performing such obligations while not controlling should be given great respect.
(Chi Ming Tsoi v. CA, G.R. No. 119190, Jan. 16,
1997). Note: The Supreme Court said that the provisions of
Article 36 should be interpreted on a case-to-case
basis. The Court said: “Let it be remembered that In Marcos v. Marcos (GR. NO. 136490, October 19,
each case involving the application of Article 36 must 2000), the SC held that psychological incapacity may
be treated distinctly and judged not on the basis of a be established by the totality of the evidence
priori assumptions, predilections or generalizations but presented. The facts alleged in the petition and the
according to its own attendant facts. Courts should evidence presented, considered in totality, should be
interpret the provision on a case-to-case basis, guided sufficient to convince the court of the psychological
by experience, the findings of experts and researchers incapacity of the party concerned (Bernardino S.
in psychological disciplines, and by decisions of Zamora vs. CA, G.R. No. 141917, February 7, 2007).
church tribunals.” (Aurelio vs. Aurelio, G.R. No.
175367, June 6, 2011). There is NO REQUIREMENT that the person sought
to be declared psychologically incapacitated should be
In Te v. Yu-Te (G.R. No. 161793, February 13, 2009), personally examined by a physician or psychologist as
the SC stressed that it is the court, on a case to case a condition sine qua non to arrive at such declaration.
basis, which determines whether a party to a marriage It can be proven by independent means that one is
is psychologically incapacitated, and that each case psychologically incapacitated; there is no reason why
should be treated differently. In ruling that the doctrine the same should not be credited (Republic of the
in Republic vs. CA and Molina (1997) was Philippines vs. Laila Tanyag-San Jose and Manolito
inapplicable, the Court declared that cases of San Jose, G.R. No. 168328, February 28, 2007).
psychological incapacity should be decided not on the
basis of a priori assumptions, predictions or Psychological incapacity is not meant to comprehend
generalizations but according to its own facts. Courts all possible cases of psychoses. The fourth guideline
should interpret the provision on a case-to-case basis; in Molina requires that the psychological incapacity as
guided by experience, the findings of experts and understood under Art. 36 (FC) must be relevant to the
researchers in psychological disciplines, and by assumption of marriage obligations, not necessarily to
decisions of church tribunals. While it was not those not related to marriage, like the exercise of a
suggesting the abandonment of the Molina doctrine, it profession or employment in a job (Tongol vs. Tongol,
ruled that said doctrine has become a strait-jacket, G.R. No. 157610, October 19, 2007).
forcing all sizes to fit into and be bound by it, and in
conveniently applying said doctrine, has allowed Final judgment denying a petition for nullity on the
diagnosed sociopaths, schizophrenics, ground of psychological incapacity bars a subsequent
nymphomaniacs, narcissists and the like, to petition for declaration of nullity on the ground of lack
continuously debase and pervert the sanctity of of marriage license. There is res judicata (Mallion vs.
marriage. Alcantara, G.R. No. 141528, October 31, 2006).
In ruling that both parties to the marriage were
psychologically incapacitated, the Court also stressed In petitions for the declaration of nullity of marriage,
that the expert opinion on the psychological and the burden of proof to show the nullity of marriage lies
mental temperament of the parties must not be with the plaintiff. Unless the evidence presented
discounted, but must instead be considered as clearly reveals a situation where the parties, or one of
decisive evidence. them, could not have validly entered into a marriage
by reason of a grave and serious psychological illness
The wife’s promiscuity and the psychiatrist’s report existing at the time it was celebrated, we are
that she was suffering from social personality disorder compelled to uphold the indissolubility of the marital tie
exhibited by blatant display of infidelity, emotional (Republic v. Galang, G.R. No. 168335, June 6, 2011).
immaturity, and irresponsibility cannot be equated with
psychological incapacity (Dedel v. Court of Appeals, III. INCESTUOUS MARRIAGES, WHETHER THE
G.R. No. 151867, January 29, 2004). RELATIONSHIP IS LEGITIMATE OR ILLEGITIMATE,
BETWEEN (Art. 37):
Similarly, the husband’s alleged alcoholism, 1. Ascendants & Descendants of any degree;
drunkenness, his habitual verbal and physical abuse 2. Brothers & Sisters whether full or half blood
of the wife, failure to support the latter and her
children, and unbearable jealousy, do not constitute IV. THOSE CONTRARY TO PUBLIC POLICY
psychological incapacity (Republic vs. Melgar, G.R. CONTRACTED BETWEEN (Art. 38): (CS-PASS-AKA)
No. 139676,March 31, 2006). 1. Collateral blood relatives whether legitimate or
illegitimate up to the 4th civil degree
marriage; and
Unlike void marriages which is invalid from the d. Concealment of drug addiction, habitual
beginning, voidable marriages are considered valid alcoholism, homosexuality or lesbianism existing
until annulled. at the time of the marriage
The grounds for annulment of marriage are exclusive Note: There is fraud when, through insidious
(Sta. Maria, M., Persons and Family Relations, 2010, words or machinations of one of the contracting
p. 291). parties, the other is induced to enter into a
contract which, without them, he would not have
Grounds: (AUF-VPS) must exist AT THE TIME of agreed to (Art. 1338, NCC).
marriage
1. Absence of consent to contract marriage from the The enumeration in Article 46 is exclusive. Hence,
parents, guardian or person exercising substitute misrepresentation as to character, health, rank,
parental authority (in that order) over one or both of fortune or chastity is NOT a ground for annulment
the parties, where one or both of the parties is over (Anaya vs. Palaroan, GR. No. L–27930,
18 but below 21 November 26, 1970)
2. Unsound mind of either party 4. Vitiated consent of either party through force,
intimidation or undue influence
The true test is whether the party concerned could
intelligently consent; that is, that he knew what Criminal liability attaches to anyone who uses
contract he was entering into (Hoadley v. Hoadley, violence, intimidation and fraud in contracting a
244 N.Y. 424). marriage (Art. 350 RPC)
and other relations between the parties or the fact to be serious and appears to be incurable.
that the person alleged to have been unduly Elements: (ESSA)
influenced was suffering from mental weakness or a. Existing at the time of marriage
was ignorant or in financial distress (Art 1337, b. Sexually transmissible disease
NCC). c. It is serious; and
d. Appears incurable
5. Physical incapability of either party to consummate ACTION FOR ANNULMENT OF VOIDABLE
the marriage with the other, and such incapacity MARRIAGES (Art. 47)
continues and appears to be incurable (impotency) Persons Prescrip-
Grounds Ratifi-
Who May tive
(F2I2NS) cation
Impotency being an abnormal condition should not Sue Period
be presumed. The presumption is in favor of Free
potency (Jimenez vs. Cañizares G.R. No. L-12790 Within 5 cohabita-
August 31, 1960). years tion after
Force, Injured
from the disap-
Article 45(5) of the Family Code refers to lack of intimida- party
time the pearance
power to copulate. Incapacity to consummate tion, or
force, of force,
denotes the permanent inability on the part of the undue
intimida- intimida-
spouses to perform the complete act of sexual influence
tion, or tion /
intercourse. Non-consummation of a marriage may undue undue
be on the part of the husband or of the wife and may influence influence
be caused by a physical or structural defect in the ceased respect-
anatomy of one of the parties or it may be due to tively
chronic illness and inhibitions or fears arising in Free
whole or in part from psychophysical conditions. It cohabita-
may be caused by psychogenic causes, where such tion even
mental block or disturbance has the result of making Within 5
with full
the spouse physically incapable of performing the years
Injured know-
marriage act (Alcazar vs. Alcazar G.R. No.174451 Fraud from the
party ledge of
October 13, 2009). discovery
facts
of fraud
constitu-
Requisites for annulment due to impotence: ting the
(CUPIN) fraud
a. It exists at the time of the celebration of the Within 5 No
marriage; Incapabi- years ratification
b. It is unknown to the other spouse; lity to Injured after the since
c. It is permanent; consum- party celebratio defect is
d. It is incurable; and mate n of the permanen
e. The other spouse must not also be impotent. marriage t
Insanity Sane Anytime
Doctrine of triennial cohabitation spouse before the Free
Presumption that the husband is impotent should who has death of cohabita-
the wife still remain a virgin for at least 3 years from no know- either tion after
time spouses started cohabiting (Tompkins vs. ledge of party insane
Tompkins, 92 NJ 113 as cited Sta. Maria, p. 307- the regains
308; Paras, p. 450-451). insanity sanity
Delivery shall in no way prejudice the ultimate EXCLUSIVE GROUNDS FOR LEGAL SEPARATION:
successional rights of the children accruing upon (Art. 56) (PAA-ID-LAMBS)
the death of either or both parents 1. Repeated physical violence or grossly abusive
conduct directed against the petitioner, a common
The value of the properties received shall be child, or a child of the petitioner
considered as advances. 2. Attempt of the respondent to corrupt or induce the
petitioner, a common child, or a child of the
3. Registration of the entry of judgment granting petitioner, to engage in prostitution, or connivance in
petition for declaration of absolute nullity or such corruption or inducement
annulment in the Civil Registry where the marriage
was celebrated and in the Civil Registry of the place Refers to prostitution only and irrespective of the
where the FC was located. age of the child (Sta. Maria, M., Persons and Family
4. Registration of approved partition and distribution of Relations, 2010, p. 356)
properties of the spouses in the proper Registry of
Deeds where the real properties are located. The law does not give a cause of action to the
petitioner to file a case for legal separation on the
Note: The rule applies to Legal Separation. ground that the respondent-spouse committed the
ground provided in Art. 55(3) upon his or her own
Effects of nullity child with another person. However, such act may
1. Either of the former spouses may marry again after be a cause to suspend or terminate, depending on
complying with the requirements of Art. 52 (Art. 53). the severity, the parental authority of the respondent
2. On Children (Art. 54) over his own child pursuant to Art. 231 (2) and (4) of
a. Those conceived or born before the judgment or he Family Code (Sta. Maria, M., Persons and
annulment or absolute nullity of the marriage Family Relations, 2010, p. 357).
under Art. 36 has become final and executory,
shall be considered legitimate. 3. Attempt by the respondent against the life of the
b. Those conceived or born of the subsequent petitioner
marriage under Art. 53 shall likewise be
legitimate. The attempt on the life of the spouse must proceed
from an evil design and not from any justifiable
In both instances under Articles 40 and 45, the cause like self-defense or from the fact that the
marriages are governed either by absolute community spouse caught the other in flagrante delicto having
of property or conjugal partnership of gains unless the carnal knowledge with another man or woman (Sta.
parties agree to a complete separation of property in a Maria, M., Persons and Family Relations, 2010, p.
marriage settlement entered into before the marriage. 359-360).
Since the property relations of the parties is governed
by absolute community of property or conjugal 4. Final judgment sentencing the respondent to
partnership of gains, there is a need to liquidate, imprisonment of more than 6 years even if pardoned
partition and distribute the properties (Dino v. Dino, 5. Drug addiction or habitual alcoholism of the
G.R. No. 178044, January 19, 2011). respondent
6. Lesbianism or homosexuality of the respondent
L EGAL S EPARATION 7. Abandonment of the petitioner by the respondent
without justifiable cause for more than 1 year d. Preventing the woman in engaging in any
legitimate profession, occupation, business or
There must be absolute cessation of marital activity or controlling the victim's own money or
relations, duties, and rights, with the intention of properties, or solely controlling the conjugal or
perpetual separation (Partosa-Jo vs. CA, G.R. No. common money, or properties;
82606, December 18, 1992). Abandonment implies
total renunciation of duties. 6. Inflicting or threatening to inflict physical harm on
oneself for the purpose of controlling her actions or
8. Physical violence or moral pressure to compel decisions;
petitioner to change religious or political affiliation 7. Causing or attempting to cause the woman or her
9. Contracting by respondent of a subsequent child to engage in any sexual activity which does not
bigamous marriage; and constitute rape, by force or threat of force, physical
10. Sexual infidelity or perversion. harm, or through intimidation directed against the
Sexual perversion includes engaging in such woman or her child or her/his immediate family;
behavior not only with third persons but also with 8. Engaging in purposeful, knowing, or reckless
the spouse (Sta. Maria, M., Persons and Family conduct, personally or through another that alarms
Relations, 2010, p. 359). or causes substantial emotional or psychological
distress to the woman or her child. This shall
Note: Mere preponderance of evidence will suffice to include, but not be limited to, the following acts:
prove the existence of these grounds EXCEPT the 4th a. Stalking or following the woman or her child in
ground. public or private places;
b. Peering in the window or lingering outside the
RA 9262 Anti-Violence Against Women and Children residence of the woman or her child;
(March 8, 2004) c. Entering or remaining in the dwelling or on the
property of the woman or her child against her/his
Acts of Violence: will;
1. Causing physical harm to the woman or her child; d. Destroying the property and personal belongings
2. Threatening to cause the woman or her child or inflicting harm to animals or pets of the woman
physical harm; or her child; and
3. Attempting to cause the woman or her child physical e. Engaging in any form of harassment or violence;
harm;
4. Placing the woman or her child in fear of imminent 9. Causing mental or emotional anguish, public ridicule
physical harm; or humiliation to the woman or her child, including,
5. Attempting to compel or compelling the woman or but not limited to, repeated verbal and emotional
her child to engage in conduct which the woman or abuse, and denial of financial support or custody of
her child has the right to desist from or desist from minor children of access to the woman's
conduct which the woman or her child has the right child/children (Sec. 5, RA 9262).
to engage in, or attempting to restrict or restricting
the woman's or her child's freedom of movement or In cases of legal separation, where violence as
conduct by force or threat of force, physical or other specified in RA 9262 is alleged, Article 58 of the
harm or threat of physical or other harm, or Family Code on the 6 months cooling-off period
intimidation directed against the woman or child. shall NOT apply. The court shall proceed on the
This shall include, but not limited to, the following main case and other incidents of the case as soon
acts committed with the purpose or effect of as possible. The hearing on any application for a
controlling or restricting the woman's or her child's protection order filed by the petitioner must be
movement or conduct: conducted within the mandatory period specified
a. Threatening to deprive or actually depriving the (Sec. 19, RA 9262).
woman or her child of custody to her/his family;
b. Depriving or threatening to deprive the woman or The woman victim of violence shall be entitled to the
her children of financial support legally due her or custody and support of her child/children. Children
her family, or deliberately providing the woman's below seven (7) years old older but with mental or
children insufficient financial support; physical disabilities shall automatically be given to
c. Depriving or threatening to deprive the woman or the mother, with right to support, unless the court
her child of a legal right; finds compelling reasons to order otherwise. A
wife, or a third person to manage the absolute shall be filed with the court in the same proceeding for
community or conjugal partnership property (Art. 61) legal separation (Art. 65).
3. The husband shall have no more right to have
sexual intercourse with his wife. Effects of reconciliation of the spouses (Art. 66)
1. The legal separation proceedings, if still pending,
No legal separation may be decreed unless the Court shall thereby be terminated at whatever stage.
has taken steps toward the reconciliation of the 2. The final decree of legal separation shall be set
spouses and is fully satisfied, despite such efforts, that aside, but the separation of property and any
reconciliation is highly improbable. (Art. 59) forfeiture of share of the guilty spouse already
effected shall subsist, unless the spouses agree to
Note: The wife who has been granted legal separation revive their former property regime.
cannot petition to be allowed to revert to her maiden
name (Art. 372, NCC). Revival of property regime (Art. 67)
Agreement of revival and motion for its approval shall
Even if the parents are separated de facto, still in the be filed in court in the same proceeding for legal
absence of judicial grant of custody to one parent, separation and shall be executed under oath and shall
both parents are entitled to the custody of their child. specify:
The remedy of habeas corpus may be resorted to by 1. Properties to be contributed anew to restored
the parent who has been deprived of the rightful regime;
custody of the child (Salientes v. Abanilla, G.R. No. 2. Those to be retained as separated properties of
162734, August 29, 2006). A decree of legal each spouse;
separation, on the ground of concubinage, may issue 3. Names of all known creditors, addresses, and
upon proof of preponderance of evidence in the action amounts owing to each.
for legal separation. No criminal proceedings or
conviction is necessary. After due hearing, court shall take measures to protect
interest of creditors and such order shall be recorded
RECONCILIATION OF LEGALLY SEPARATED in the proper registries of properties but the same shall
SPOUSES not prejudice creditors not listed or notified, unless
If the spouses should reconcile, the corresponding debtor-spouse has sufficient separate properties to
joint manifestation under oath duly signed by them satisfy creditor’s claim.
EFFECTS OF THE PETITION FOR DECLARATION OF PRESUMPTIVE DEATH, NULLITY OF MARRIAGE, ANNULMENT
AND LEGAL SEPARATION
The grounds alleged must be proved. No judgment on the pleadings, summary judgment
or confession of judgment shall be allowed.
Summary proceeding;
judgment may be Notes:
rendered based on Stipulation of facts- an admission by both parties made in court agreeing to the existence
affidavits, documentary of the act constituting the ground for annulment or for the declaration of nullity.
evidence or oral Confession of judgment- the admission made in court by the respondent admitting fault as
testimonies at the invoked by the plaintiff to sever the marriage ties (Sta. Maria, M., Persons and Family
sound discretion of the Relations, 2010, p. 319).
court (Art. 246)
In legal separation cases, no decree shall be issued unless the Court has take steps
toward reconciliation of the spouses and is fully satisfied, despite such efforts, that
reconciliation is highly improbable (Art. 59).
After decree:
To the innocent spouse but no child under 7 shall be separated from the mother unless there
are compelling reasons
Child Support
Support in case of During pendency:
dispute shall be 1. Written agreement
decided by the court in 2. In the absence thereof, from properties of the absolute community of property (ACP) or
separate proceedings conjugal partnership (CP)
for custody but same
considerations as in After Decree:
Declaration of Nullity Either parent/ both may be ordered by court to give an amount necessary for support in
proportion to resources/means of giver and necessities of recipient
Spousal Support
During pendency:
1. Written agreement
2. In the absence thereof, from properties of the ACP or CP, considered as advance to be
deducted from share during liquidation
3. Restitution if after final judgment court finds that person providing support pendente lite is
not liable therefor (Sec. 7, Rule 61, ROC)
Property Relations
1. ACP or CP shall be dissolved and liquidated 1. ACP or CP shall be
2. If either spouse contracted marriage in bad faith, he or she has no right to any dissolved and liquidated.
share of net profits earned by ACP or CP 2. Offending spouse has no
3. Net profits shall be forfeited in favor of common children, or if none, children of right to any share of net
guilty spouse by previous marriage, or in default thereof, the innocent spouse profits earned by ACP or CP
4. In all other cases of void marriage, Art. 147 and 148 applies (Valdes vs. RTC) 3. Net profits shall be forfeited
in favor of common children,
In addition, for marriages under Art. 40 and 45: or if none, children of guilty
1. All creditors of spouses and of the ACP or CP shall be notified of the spouse by previous
proceedings for liquidation marriage, or in default
2. Conjugal dwelling and lot on which it is situated shall be adjudicated pursuant to thereof, the innocent
Art. 102 and 129 spouse.
aggrieved party may apply to the court for relief. (Art 72.)
R IGHTS
AND O BLIGATIONS
BETWEEN THE H USBAND AND The relief may take on many forms: filing a case for legal
separation if there are grounds for the same; filing an
THE W IFE (LORF-JM)
action for declaration of nullity based on Art 36 if the
neglect is such that it does not create a functional marital
1. Live together life; petitioning the court for receivership, for judicial
separation of property, or for authority to be the sole
Act of living together is a voluntary act of the spouses administrator of community property or conjugal
which cannot be compelled by any proceeding in court. partnership.(Sta Maria, Melencio Jr. S., Persons and
Family Relations Law,page 408 ex., 3-4 [2010])
Only the moral obligation of the spouses constitutes the
motivating factor for making them observe the said EXERCISE OF PROFESSION
duties and obligations which are highly personal
(Ramirez-Cuaderno v Cuaderno, 12 SCRA 505). General Rule: Both can engage in any lawful enterprise or
profession WITHOUT the consent of the other.
If the wife refuses unjustifiably to live with her husband,
the court will admonish but not order her return; and Exception: The other spouse may object only on valid,
even if an order is made, contempt proceeding against serious and moral grounds.
the wife will not prosper. The only remedy here for the
husband is to refuse to grant support (Mariano B. In case of disagreement, court shall decide whether (1)
Arroyo v. Dolores C. Vasquez de Arroyo, 42 Phil. 54). the objection is proper; and (2) the benefit accrued to the
family prior to the objection or thereafter [Art. 73 (2)].
2. Observe mutual love, respect and fidelity
If a husband compels the wife to desist from pursuing a
3. Render mutual help & support profession or any other conduct which the wife has the
right to engage in, this can be considered acts of violence
4. Fix the family domicile against women under RA 9262 (Sta. Maria, M., Persons
a. Both husband and wife shall fix the family domicile. In and Family Relations, 2010, M. p. 409 )
case of disagreement, the court shall decide.
b. The court may exempt one spouse from living with RULE IF BUSINESS BENEFITED FAMILY
the other if the latter should live abroad or there are
other valid and compelling reasons for the exemption. General rule:
However, such exemption shall not apply if the same
is not compatible with the solidarity of the family (Art 1. Debts and obligations incurred of whatever nature and
69). regardless of the time they were incurred but
redounding to the benefit of the family shall be
5. Joint responsibility for the support of the family chargeable to the ACP or the CPG.
a. Expenses shall be paid from the community property
b. In the absence thereof, from income or fruits of their 2. An obligation incurred as a result of a spouse’s exercise
separate properties of a legitimate profession is an obligation redounding to
c. In the absence or insufficiency thereof, from their the benefit of the family shall be shouldered by the ACP
separate properties (Art. 70) or CPG.
When parties stipulate in their MS that local custom Note: It is argued by some law practitioners and authors
shall apply or that ACP regime shall not govern but fail that while no person below 18 can enter into a valid
to stipulate what property regime will be applied. marriage and since the MS is required to be executed
before the marriage, one below 18 may execute a MS as
4. In the absence of local custom, rules on co–ownership long as he or she is 18 or above at the time of marriage.
will apply (Art. 74).
Efficacy of marriage settlement (Art. 81)
the celebration of the marriage shall be valid 2. Donation in MS not more than one-fifth (1/5) of present
property (Art. 84)
2. Property relations shall be governed by Philippine laws,
regardless of the place of the celebration of the Any excess shall be considered void and the donation
marriage or the parties’ residence (Art. 80). will be reduced to one-fifth.
General Rule: Must be made before the marriage, in If one of the requisites is not complied with, it may still be
writing, signed by parties valid as an ordinary donation.
Exceptions: Modifications made through judicial decree For donation of present property to be valid, the rules
during the marriage: governing ordinary donations under Title III of Book III of
1. In case of revival of former property regime between the Civil Code must be observed.
reconciling spouses after decree of legal separation has
been issued (Art. 66, 67) Please refer to Property on requisites for valid donations.
2. When abandoned spouse files petition for judicial
separation of property under Art. 128 DPN of future property
3. When a spouse files petition for judicial separation of DPN of future property is allowed by way of exception to
property for sufficient cause under Art. 135 Art. 751 of NCC (which provides that donations cannot
4. Petition for voluntary dissolution of property regime comprehend future property). It is governed by the law on
under Art. 136 testamentary succession both as to intrinsic and extrinsic
validity. However said DPN can only be revoked by the
DONATION BY REASON OF MARRIAGE donor only on the basis of Art. 86 of the FC (Art. 84 par.
Donations propter nuptias (DPN) are made by one spouse 2).
in favor of the other or by a stranger. It is without onerous
consideration, the marriage being merely the occasion or DPN of encumbered property
motive for the donation, not its causa. Being liberalities, The donation is valid because the donor is still the owner,
they remain subject to reduction for inofficiousness upon even if it is encumbered. If mortgage is foreclosed and
the donor’s death, should they infringe the legitime of a sold at a lesser price, donee is not liable for deficiency but
forced heir (Mateo vs. Lagua, No. L-26270, October 30, if sold for more, donee is entitled to excess (Art. 85).
1969).
Donations propter nuptias and ordinary donations
Requisites: (Art. 82) (COB) Donations Propter
1. In consideration of marriage Ordinary Donations
Nuptias
2. In favor of one or both of the future spouses Formalities
3. Made before celebration of marriage Governed by the rules on Governed by rules on
ordinary donations donations (Arts. 725–773,
Rules in case of donation by the would-be spouses to except that if future NCC)
each other: (MOAC) property is donated, it
1. There must be a valid MS stipulating a property regime must conform with
other than ACP (Art. 84). formalities of wills
Present Property
May be donated but only No limit except that donor 6. Donee commits acts of ingratitude as specified by Art.
up to 1/5 of donor’s shall leave property 765 of NCC (Art. 86).
present property if the enough for his support
spouses agree on a
regime other than S YSTEMS OF P ROPERTY
absolute community R EGIMES
Future property
May be included Cannot be included I. ABSOLUTE COMMUNITY OF PROPERTY (ACP)
provided donation is The property regime of the spouses in the absence of a
mortis causa marriage settlement or when the marriage is void. This is
Grounds for revocation so because it is more in keeping with Filipino culture.
Art. 86, FC Arts. 760, 764, & 765,
NCC It commences at the precise moment the marriage is
celebrated; any stipulation for the commencement thereof
RULE ON DONATION BETWEEN SPOUSES DURING at any other time is void (Art. 88). The same applies to
MARRIAGE CPG (Art. 107).
General rule: VOID, either direct or indirect donation
Provisions on CO-OWNERSHIP apply to ACP in all
Rationale: matters not provided by the Chapter on ACP (Art. 90).
1. To protect unsecured creditors from being defrauded;
2. To prevent stronger spouse from imposing upon the General Rule: Community property shall consist of all
weaker one the transfer of the latter’s property to the property owned by the spouses at the time of the marriage
former; or acquired thereafter (Art. 91).
3. To prevent indirect modification of the marriage
settlement (Paras, p. 520). Exceptions: (BEG)
1. Property, including fruits and income thereof, acquired
Exceptions: before the marriage by either spouse who has
1. Moderate gifts on occasions of family celebrations legitimate descendants by a former marriage
2. Donations mortis causa 2. Property for personal and exclusive use except jewelry
3. Property acquired during the marriage by gratuitous
Note: This rule also applies to persons living together as title, including fruits and income thereof, except when
husband and wife without a valid marriage (Art.87). the donor, testator or grantor expressly provides
otherwise (Art. 92)
The prohibition does not include a spouse being the
beneficiary of an insurance contract over the life of the Presumption: Property acquired during the marriage is
other spouse. (Gercio vs. Sunlife Assurance Co. of presumed to belong to the community, unless otherwise
Canada, G.R. No. 23703, September 28, 1925) proven (Art. 93).
Grounds for revocation (VoCALRI) Note: No waiver of rights allowed during the marriage
1. Marriage not celebrated or declared Void ab initio except in case of judicial separation of property. The
except those made in MS that do not depend on waiver must be in a public instrument and recorded in the
celebration of marriage office of the local civil registrar where the marriage
contract was recorded as well as in the proper registry of
If made by a stranger, action for revocation may be property (Art. 89 and 77). The same applies to CPG (Art.
brought under ordinary rules on prescription: if in 107).
writing, brought within 10 years and if oral, within 6
years (Albano, Ed Vincent S., Persons and Family Rule on games of chance (Art. 95)
Relations, 2006). Loss: Shall be borne by the loser-spouse and shall not be
charged to the community property
2. Marriage without parental consent Winnings: Shall form part of the community property (Art.
3. Marriage is annulled and donee is in bad faith 95)
4. Upon legal separation, the donee being the guilty
spouse
5. Complied with resolutory condition
Exception: If said ticket was gratuitously given by a friend 6. Acquired through occupation such as fishing
to a spouse, only upon express provision of the donor will 7. Net fruits of their exclusive property
it be considered part of the community property. 8. Share of either spouse in hidden treasure (Art. 117)
9. Interest falling due during the marriage on principal
Note: The same applies to CPG (Art. 123). amount of credit belonging to one spouse which is
II. CONJUGAL PARTNERSHIP OF GAINS (CPG) payable in partial payments/ installments and collected
It is that formed by a husband and wife whereby they during the marriage (Art. 119).
place in a common fund the proceeds, products, fruits and
income of their separate properties, and those acquired by Disposition of CPG
either or both spouses through their efforts or by chance, A wife’s consent to the husband’s disposition of conjugal
the same to be divided between them equally (as a property does not always have to be explicit or set forth in
general rule) upon the dissolution of the marriage or the any particular document, so long as it is shown by the acts
partnership (Art. 106). of the wife that such consent was indeed given (Pelayo v.
CA, G.R. No. 141323 June 8, 2005).
The CPG shall be governed by the rules on the
CONTRACT OF PARTNERSHIP in all that is not in The sale of conjugal property requires the consent of both
conflict with what is provided in the chapter on CPG or by spouses; otherwise the sale shall be void, including the
the spouses in their MS (Art. 108). portion of the conjugal property pertaining to the husband
who contracted the sale (Homeowners and Savings Loan
Before the presumption under Art. 116 applies (that Bank vs. CA, GR No 153802, March 11, 2005).
properties acquired during marriage are presumed
conjugal), there must be proof that the property was Exclusive property of each spouse (OGREC) (Art. 109)
acquired during the marriage. This is a condition sine qua 1. That which is brought to the marriage as his/her own,
non for the operation in favor of conjugal ownership whether with or without legitimate descendants
(Metrobank, et al. v. Tan, GR No. 163712, November 30, 2. Acquired during the marriage by gratuitous title
2006).
Property donated/left by will to spouses, jointly with
Properties under conjugal partnership (L2C2 FONTI) designation of determinate shares, shall pertain to
1. Obtained from labor, industry, work or profession of donee-spouse as exclusive property; in the absence of
either or both spouses designation, property shall be divided between them but
2. Livestock existing upon dissolution of partnership in shall belong to them exclusively (Art. 113).
excess of number of each kind brought to the marriage
by either spouse If spouse does not accept his/her part of the donation,
3. Acquired by chance such as winnings from gambling, accretion sets in favor of the other spouse who will own
but losses therefrom shall be borne exclusively by loser- all of property donated as separate property.
spouse
4. Acquired during the marriage by onerous title with Accretion will not apply if donor so provides or if there is
conjugal funds designation of determinate properties (i.e. house, car).
Damages for physical injuries inflicted by a third person If donation is onerous, charges shall be borne by
are exclusive property (Lilius vs. Manila Railroad Co. exclusive property of donee-spouse, whenever
G.R. No. 42551 September 4, 1935) advanced by the CPG.
Damages from illegal detention of exclusive property Retirement benefits, pensions, annuities, gratuities,
pertains to CPG if detention deprived the CP of the use usufructs, and similar benefits acquired by gratuitous
and earnings thereof (Bismorte vs. Aldecoa, G.R. No. L- title are exclusive properties; if by onerous title during
5586, December 10, 1910). marriage (i.e. contributions to pension funds or
deduction from salaries of common funds), they are CP
Note: The registration of the property in either party’s (Art. 115).
name alone is immaterial if the property was acquired
with conjugal funds (Marigsa v. Macabuntoc, G.R. No. Unearned increment (such as increase in the value of
4883, September 27, 1910). the paraphernal property) belongs to the spouse
concerned.
5. Fruits of the conjugal property during the marriage
ACP (Art. 94) CPG (Art. 121) view would put in peril the conjugal partnership property
mere preservation during by allowing it to be given gratuitously similar to cases of
marriage upon separate donation of conjugal partnership property, which is
property of either spouse, prohibited.
mere preservation during
regardless of whether
marriage upon separate The conjugal partnership is NOT liable for an indemnity
used by family because
property of either spouse agreement entered into by the husband to accommodate
use and enjoyment of
used by family a third party (Security Bank v. Mar Tierra Corp., GR No.
separate property of the
spouses belong to the 143382, November 29, 2006).
partnership
Expenses to enable either spouse to PROVISIONS COMMON TO ACP AND CPG
commence/complete a professional, vocational or other
activity for self-improvement A. Administration of property (ACP: Art. 96-98/ CPG: Art.
124-125)
Value donated/promise by both spouses in favor of
common legitimate children for exclusive purpose of
General Rule: Administration shall belong to both spouses
commencing or completing professional or vocational
jointly.
course or other activity for self-improvement
Exceptions:
Expenses of litigation between spouses unless suit 1. In case of disagreement, husband’s decision shall
found to be groundless prevail, subject to recourse to the court by the wife for
1. Ante-Nuptial Debts For Ante-Nuptial Debts, proper remedy within 5 years from date of contract
Chargeable to ACP if same as ACP but in case implementing such decision
redounded to benefit of insufficiency of 2. In case one spouse is incapacitated or unable to
of family separate property, participate in the administration of the common
2. Personal debts not obligations enumerated in properties, the other spouse may assume sole powers
redounding to benefit Art. 121 must first be of administration (Art. 96).
of family such as satisfied before such These powers do NOT include:
liabilities incurred by debts may be chargeable a. Disposition
reason of crime or to the CP b. Encumbrance
quasi-delict,
chargeable to Written consent of other spouse or authority of the
separate property of court is required, otherwise disposition or encumbrance
debtor spouse is VOID.
3. In case of
insufficiency of The husband and wife are the joint administrators of their
separate property, properties forming part of the conjugal partnership and
chargeable to ACP absolute community of properties. The right vested upon
but considered them to ½ of the conjugal assets does not vest until the
advances deductible dissolution and liquidation of the conjugal partnership. The
from share of debtor- sale by the husband of property belonging to the conjugal
spouse upon partnership or the absolute community without the
liquidation consent of the wife or authority of the court is void (Abalos
vs. Macatangay, G.R. No. 155043, September 30, 2004).
Note: The separate properties shall be solidarily and
subsidiarily liable for the obligations if the community or The transaction, however, shall be construed as a
conjugal properties are insufficient. continuing offer on the part of the consenting spouse and
the third person, until acceptance by the other spouse or
Benefits that might accrue to a husband in his signing a authorization by the court before the offer is withdrawn by
surety or guarantee agreement not in favor of the family either or both offerors (ACP: Art. 96;CPG: Art. 124).
but in favor of his employer corporation are not benefits
that can be considered as giving a direct advantage Neither spouse may donate any community property
accruing to the family. Hence, the creditors cannot go without the consent of the other but either may, without
against the conjugal partnership property in satisfying the the other’s consent, make moderate donations for charity
obligation subject of the surety agreement. A contrary
or on occasions of family rejoicing or family distress (ACP: 2. When the consent of one spouse to any transaction of
Art. 98; CPG:Art. 125). the other is required by law, judicial authorization shall
be obtained in a summary proceeding;
Exception: In ACP, either spouse may dispose by will of 3. In the absence of sufficient community property, the
his or her interest in the ACP (Art. 97) separate property of both spouses shall be solidarily
liable for the support of the family. The spouse present
B. Remedies of present spouse in case of abandonment shall, upon proper petition in a summary proceeding, be
by the other spouse or failure to comply with obligations given judicial authority to administer or encumber any
(marital, parental or property relations) specific separate property of the other spouse and use
1. Receivership the fruits or proceeds thereof to satisfy the latter's share
1. Judicial separation of property (Art. 100).
2. Authority to be the sole administrator of the
absolute community (ACP: Art. 101; CPG: Art. 128) D. Steps in liquidation of ACP and CPG (Art. 102 and 129)
1. Inventory of ACP or CPG properties and
A spouse is deemed to have abandoned the other when exclusive property of each spouse
he or she has left the conjugal dwelling without any
intention of returning. Three (3) months’ disappearance or Separate property included as it is solidarily liable to
failure to give within the same period any information as to creditors and will be used to pay them if ACP or CPG
a spouse’s whereabouts prima facie raises a presumption is insolvent
that the absent spouse has no intention of returning (ACP:
Art. 101 par. 3; CPG: Art. 108 par. 3). Should also include receivables from each spouse
for:
C. Grounds for termination (ACP: Art. 99-101; CPG: Art. a. Amounts advanced for personal debts of each
126-128): (LADS) spouse
1. Decree of legal separation b. Support pendent elite of each spouse
c. For CPG, include value of improvements
2. Annulment or declaration of nullity of marriage constructed on separate property
Surviving spouse shall liquidate ACP within 1 year from Must first pay out of the ACP or CP property, if
death of deceased spouse if no judicial settlement is insufficient, spouses solidarily liable with separate
instituted, failure to do so upon lapse of 1 year period properties
makes any disposition or encumbrance of ACP void
For CPG, must first reimburse spouse for separate
Mandatory regime of complete separation of property property acquired by CP due to increased value
governs subsequent marriage of surviving spouse if thereof as a result of improvements thereon
he/she fails to comply with liquidation of ACP of
previous marriage 2. Delivery to each spouse of his/her separate
property if any
4. Judicial separation of property 3. For CPG, unless owner indemnified from
whatever source, payment of loss or deterioration of
Note: Effect of separation in fact (ACP: Art. 102; CPG: Art. movables belonging to either spouse that was used
127) for the benefit of the family
4. Division of net assets (for ACP) or net profits
General Rule: The separation in fact between husband (CPG), which are not subject to forfeiture
and wife shall not affect the regime of ACP/CPG
Use of Exclusive Properties: (PISI)
Exceptions: a. Payment of personal debts
1. The spouse who leaves the conjugal home or refuses b. Fines and indemnities
to live therein, without just cause, shall not have the c. Support of illegitimate children of the owner-spouse
right to be supported; d. In case of insufficiency of the CPG
(Sta. Maria, M., Persons and Family Relations,
2010, p. 504)
As a rule, the family home is exempt from execution, willed to any one of them, this fact alone cannot transform
forced sale or attachment. However, Article 155(3) of the family home into an ordinary property, much less
the Family Code explicitly allows the forced sale of a dispel the protection cast upon it by the law. The rights of
family home “for debts secured by mortgages on the the individual co-owner of the family home cannot
premises before or after such constitution.” In this case, subjugate the rights granted under Article 159 to the
there is no doubt that spouses Fortaleza voluntarily beneficiaries of the family home (Arriola v. Arriola, G.R.
executed on January 28, 1998 a deed of Real Estate No. 177703, January 28, 2008).
Mortgage over the subject property which was even
notarized by their original counsel of record. And 8. To be a beneficiary (other than the husband and the
assuming that the property is exempt from forced sale, wife or an unmarried person who is the head of the
spouses Fortaleza did not set up and prove to the family), three requisites must concur:
Sheriff such exemption from forced sale before it was a. They must be either the parent, ascendant,
sold at the public auction (Sps. Fortaleza and Ofelia descendant, brother or sister whether legitimate or
Fortaleza v. Sps. Lapitan, G.R. No. 178288, August 15, illegitimate (Art. 154).
2012). b. They must live in the family home
c. They are dependent for legal support upon the head
Outline of provisions regarding the family home: of the family.
1. It is constituted on the dwelling house of the family and Thus in Patricio vs. Dario III (G.R. No. 170829,
the land on which house is situated November 20, 2006) a grandson was not considered
2. Deemed constituted from time of actual occupation as a a beneficiary of a family home owned by his
family residence (Art. 153) grandparent because, while the said grandchild was
3. Continues to be such as long as any of its beneficiaries living in the said family home, he was not dependent
actually resides therein (Art. 153) for support on the grandparent, who was the head of
4. Must be part of the properties of the absolute the family where the grandchild lived, but on his
community or the conjugal partnership or owned by father.
person constituting it (may be either or both spouses
or the single head of a family) (Art. 156) d. In-laws, provided the home is jointly constituted by
husband and wife. But this law definitely excludes
Property that is the subject of a conditional sale on maids and overseers (Manacop v. CA, G.R. No.
installments where ownership is reserved by the vendor 102855 November 13, 1992).
only to guarantee payment of the purchase price may 8. Every person may constitute or be the beneficiary of
be constituted as a family home. (Art. 156 par. 2) one (1) family home only. (Art. 161)
5. Must be permanent (Sta. Maria, M., Persons and Family 9. May be alienated, sold, donated, assigned or
Relations, 2010, p. 590). encumbered by the owners provided the written consent
6. Rule applies to valid and voidable and even to common- of the following are obtained:
law spouses under Articles 147 and 148 a. The person who constituted
7. Continues despite death of one or both spouses or the same,
unmarried head of the family for 10 years, or as long as b. His or her spouse, and
a minor beneficiary lives therein. Heirs cannot partition c. Majority of the beneficiaries of
the same unless the court finds compelling reasons legal age give their consent. (Art. 158)
therefor. (Art. 159).
After 10 years and a minor beneficiary still lives therein, P ATERNITY AND F ILIATION
the family home shall be preserved only until that minor
beneficiary reaches the age of majority. The intention
of the law is to safeguard and protect the interests of Paternity and filiation
the minor beneficiary until he reaches the age of It refers to the relationship existing between parent and
majority (Perla G. Patricio vs. Marcelino G. Dario III, child (Noe v. Velasco, 61 O.G. 411).
G.R. No. 170829, November 20, 2006).
Paternity
The family home is shielded from immediate partition It is the civil status relationship of the father to the child.
under Article 159 regardless of its ownership. This
signifies that even if the family home has passed by Filiation
succession to the co-ownership of the heirs, or has been
It is the civil status or relationship of the child to the father Legitimate Illegitimate
or mother. the father through the
The filiation of children may be by nature or by adoption. record of birth appearing
Natural filiation may be legitimate or illegitimate (Art. 163). in the civil register, or
when an admission in a
LEGITIMATE AND ILLEGITIMATE CHILDREN public document or private
DISTINGUISHED handwritten instrument is
Legitimate Illegitimate made by the father.
Conceived and born (Sec.1, RA 9255)
outside a valid marriage Parental Authority
or inside a void ab initio Sole parental authority of
Joint authority of parents
marriage such as mother
Conceived or born during
bigamous and incestuous Support
a valid marriage (Art. 164)
marriages and marriage Entitled to receive support
declared void for being from any of his or her
contrary to law and public direct ascendants and
Entitled to receive support
policy (Art. 165) descendants in
only up t his or her
Conceived or born before accordance with the
grandparents or
the judgment of priority set by law in Art.
Born after the decree of grandchildren as provided
annulment or absolute 195 and 199 (Sta. Maria,
annulment of a voidable for in Art. 195(2) and (3)
nullity of marriage if the M., Persons and Family
marriage (Sta. Maria, M., Persons
ground is psychological Relations, 2010, p. 650).
and Family Relations,
incapacity (Art. 54)
2010, p. 650).
Born in a subsequent void Preferential right to
marriage due to failure to support over mother if
No such preference
comply with Art. 52 and father has no sufficient
53 (Art. 54) means to meet both
Product of artificial claims
insemination provided Successional Right
both spouses authorized Entitled to ½ of legitimate
Entitled to inheritance
or ratified such procedure child’s inheritance
in a written instrument, Beneficiary Right Under the SSS (RA 8282) and GSIS
executed and signed (RA 8291)
before birth of child and Primary beneficiary Not primary beneficiaries
recorded (Art. 164) Paternity Leave under RA 8187 (Paternity Leave Act of
Conceived or born of 1996)
mothers who might have Father is entitled to No such benefit
declared against its paternity leave of 7 days
legitimacy or was with full pay
sentenced as an
adulteress (Art. 167) RULE ON CHILDREN CONCEIVED AS A RESULT OF
Legitimated: conceived ARTIFICIAL INSEMINATION
and born outside of The status of the child is legitimate if all the requirements
wedlock of parents under Art. 164 are complied with namely:
without impediment at the 1. Both spouses authorize or ratify such insemination
time of conception and 2. The authorization or ratification is in a written instrument
had subsequently married signed by them before the birth of the child
Use of Surname 3. The instrument is recorded in the civil registry together
Right to bear father’s Generally required to use with the birth certificate of the child.
surname mother’s surname
Note: Even if the above requirements are not complied
Exception: with and the husband does not impugn the legitimacy of
If child’s filiation has been the child on grounds provided by Art. 166 within the
expressly recognized by prescriptive period, the child shall still be considered
legitimate because the child has been conceived or born with tuberculosis was not sufficient to overcome the
during the valid marriage of the parents pursuant to Article presumption of legitimacy. Impossibility of access by
164 par. 1. husband to wife would include absence during the
initial period of conception; impotence which is
RULES ON IMPUGNING LEGITIMACY (Art. 166 and 167) patent, continuing and incurable; and imprisonment,
Necessarily applies only to a situation where the child has unless it can be shown that cohabitation took place
been delivered by a woman who is the child’s natural through corrupt violation of prison regulations.
mother (Sta. Maria, M., Persons and Family Relations,
2010, p. 609). 2. Biological or scientific proof that the child could not have
been that of the husband;
In the event that any of the grounds enumerated in Art. Note: Racial dissimilarity may be a considered sufficient
166 is proven, the child will neither be legitimate nor scientific proof (Watkins vs. Carlton, 37 VA [10 Leigh]
illegitimate in so far as the husband is concerned. Simply, 586 as cited Sta. Maria, p. 617).
the husband and the child will not be related to each other
in any manner considering that the husband did not For sterility to constitute proof of non-paternity, the
participate in any way as to the child’s precreation. In so husband must be shown to be completely sterile at the
far as the mother is concerned, the child will be time when the child was conceived (Sta. Maria, M.,
considered illegitimate (Sta. Maria, M., Persons and Persons and Family Relations, 2010, p. 618).
Family Relations, 2010, p. 609).
3. Vitiated consent in artificial insemination
Grounds for impugning legitimacy: (PBC)
1. Physical impossibility of the husband to have sexual Note: The mistake, fraud, violence, intimidation or
intercourse with his wife within the first 120 days of the undue influence can be exerted by not only the spouses
300 days immediately preceding the child’s birth, due against each other but also by third persons on both of
to: the spouses or on any one of them. In any case, only
a. Physical incapacity of the husband; the husband can impugn the legitimacy of the child, or
the heirs in special cases provided in Art. 171.
Note: Must be proved by convincing and persuasive
evidence hence, the fact that a husband, who was Prescriptive periods to file action to impugn legitimacy:
never separated from his wife, has been absolutely 1. One year, from knowledge of birth or recording in the
stiff in th hips at the time of the conception of the child civil register, if husband or heirs live in the SAME
has been held as not conclusive enough to overturn city/municipality where the birth took place or was
the presumption of legitimacy. (State vs. Reed, 107 recorded.
W Va. 563, as cited Sta. Maria, p. 616) 2. Two years, if both reside in the Philippines.
3. Three years, if the child’s birth took place or was
b. Husband and the wife were living separately; recorded in the Philippines while the husband has his
residence abroad, or vice versa (Art. 170).
Note: Mere remoteness of the wife from the husband
is not sufficient to disavow paternity. Hence, the bare Note: The question of legitimacy cannot be collaterally
testimony by the husband that he and his wife were attacked. It can be impugned only in a direct action. (Liyao
living thirty miles away from each other at the time of Jr. vs. Liyao, G.R. No. 138961, March 7, 2002)
the conception of the child is not enough to show the
illegitimacy of the child without any showing that the Parties who can impugn legitimacy of a child:
sexual intercourse with the wife was not possible
(Skott vs. State, 46 ALR 3d 180 as cited Sta. Maria, General Rule: Only the husband may impugn.
p.616).
Exception: The heirs may impugn within the same period
c. Serious illness of the husband which absolutely in the following cases:
prevented sexual intercourse 1 If the husband dies before the expiration of the period
fixed for bringing his action
Note: Must be such as to absolutely prevent him from 2 If he should die after the filing of the complaint without
engaging in sexual intercourse. Hence in Andal v. having desisted therefrom; or
Macaraig (G.R. No. L-2474, May 30, 1951), the Court 3 If the child was born after the husband’s death (Art.
ruled that the fact that the husband was seriously sick 171).
and handwritten by the acknowledging parent as it is continuously” (Jison vs. CA, GR. No. 8454, April 13,
merely corroborative of such other evidence.” 1956).
Action to Claim Legitimacy (Art. 173) If the unsigned record of birth can be a proof of filiation
Who may claim: of the child, it would be easy for a woman to vest
1. Child – exclusive and personal right of child which may legitimate status to an illegitimate child. Hence, an
be brought anytime during his lifetime, regardless of the unsigned record of birth cannot be used as proof of
proof presented to support his claim filiation (Reyes v. Court of Appeals, GR. 39537, March
2. Transmitted to heirs of the child within a period of 5 19, 1985).
years in case
a. Child dies during minority RIGHTS OF CHILDREN
b. Child dies in a state of insanity Legitimate Illegitimate
c. Child dies after action has already been instituted
Use of father & mother’s Use of mother‘s surname
Action to Claim Illegitimacy surname
Illegitimate children may establish their illegitimate filiation Note: However, R.A.
in the same way and on the same evidence as legitimate 9255 amended Art. 176,
children (Art. 175). FC
Receive support from Receive support only up
1. If illegitimate filiation is established by a record of birth ascendants or to grandparent and
in the civil register or a final judgment, or an admission descendants of the same grandchildren
of filiation in a public document or a private handwritten line.
instrument signed by the parent concerned, the action Entitled to the legitime in Legitime is ½ of the
for recognition may be brought by the child during his succession legitime of a legitimate
lifetime (Guy, vs. CA, G.R. No. 163707, September 15, child
2006).
Right to inherit ab No right to inherit as such
2. If the action is based upon open and continuous intestato from legitimate
possession of the status of an illegitimate child, or any children and relatives of
other means allowed by the rules or special laws, it may his father and mother
be only brought during the lifetime of the alleged parent
(Guy vs. CA, ibid). R.A. No. 9255
An Act Allowing Illegitimate Children to use the surname
3. Unlike an action for legitimacy, the right to claim for of their Father, amending for the purpose Article 176 of
status is NOT transmissible to the heirs. EO No. 209, otherwise known as the "FAMILY CODE OF
THE PHILIPPINES" (approved February 24, 2004).
“Continuous” does not mean that the concession of
status shall continue forever but only that it shall not be Illegitimate children may use the surname of their father if:
of an intermittent character while it is continuous. The 1. Their filiation has been expressly recognized by the
possession of such status means that, the father has father through the record of birth appearing in the civil
treated the child as his own, directly and not through register, or
others, spontaneously, and without concealment, 2. When an admission in a public document or private
though without publicity. There must be a showing of handwritten instrument is made by the father; Provided,
permanent intention of the supposed father to consider that the father has the right to institute an action before
the child as his own by continuous and clear the regular courts to prove non-filiation during his
manifestation of paternal affection and care (Mendoza lifetime.
vs. CA, G.R. No. 86302 September 24, 1991).
LEGITIMATED CHILDREN
The paternal affection and care must not be attributed
to pure charity. “Such acts must be of such a nature that Legitimation
they reveal not only the conviction of paternity, but also It is a remedy by means of which those who in fact were
the apparent desire to have and treat the child as such conceived and born outside of wedlock and should
in all relations in society and in life, not accidentally, but therefore be considered illegitimate are by legal fiction
considered legitimate. It shall take place only by the Generally refers to those who would suffer economic or
subsequent valid marriage between the biological parents. material injury by legitimation such as testamentary or
intestate heirs (Sta. Maria, M., Persons and Family
Requisites: (NIM) Relations, 2010, p. 663).
1. The child is illegitimate.
2. The parents at the time of the child’s conception are not Legitimation may be impugned within 5 years from the
disqualified by any impediment from marrying each time their cause of action accrues, that is, from the
other or were so disqualified only because either or both death of the putative parent.
of them were below eighteen (18) years of age (Art.
177, as amended by R.A. 9858). Legitimation may be impugned on grounds like:
3. There is a valid marriage subsequent to the child’s birth a. The subsequent marriage of the child’s parents is
(Art. 178). void;
b. The child allegedly legitimated is not natural; or
Note: Children born out of wedlock to parents who were c. The child is not really the child of the alleged
not allowed by law to marry for being minors are now parents.
qualified for legitimation. This has been made possible by
RA 9858, approved on December 20, 2009 and has A DOPTION
amended Article 177 of the Family Code of the
Philippines. Before RA 9858, Article 177 stated that only
children born out of wedlock to parents who were not The process of making a child, whether related or not to
disqualified from getting married at the time of conception the adopter, possess in general, rights accorded to a
could be legitimized.Under the present law, legitimation legitimate child (Paras, E. Civil Code of the Philippines
would automatically take place upon marriage of the Annotated, 2002 ed., p. 685).
parents. Moreover, couples who had children when they
were below the marrying age would not need to go Adoption statutes, being humane and salutary, hold the
through the process of having to adopt their own offspring interest and welfare of the child to be of paramount
just so their kids could enjoy the rights of legitimate consideration and are designed to provide homes,
children. parental care and education for unfortunate, needy or
orphaned children and give them the protection of society
Notes: Laws providing for the process of legitimation are and family in the person of the adopter as well as to allow
remedial in character intended for the benefit and childless couples to experience the joys of parenthood
protection of the innocent offspring and, therefore, may be and give them legally a child in the person of the adopted
applied retrospectively (Lund’s Estate, 162 ALR 606) and for the manifestation of their natural parental instincts.
must be liberally construed (Cardenas vs. Cardenas, 12 Every reasonable intendment should be sustained to
Ill. App 2d 497, 63 Alr2rd 1001 as cited in Sta. Maria, p. promote and fulfill these noble and compassionate
659). objectives of the law (In re: Petition for adoption of
Effects of legitimation: Michelle P. Lim, G.R. No. 168992-93 May 21, 2009).
1. Legitimated children shall enjoy the same rights as
legitimate children (Art. 179) Nature of adoption proceedings
1. Adoption is a juridical act. Only an adoption made
Note: Legitimation creates for the legitimated child the through the court, or in pursuance with the procedure
total and full extent of the blood-relationship existing laid down under Rule 99 of the Rules of Court is valid in
within the family to include all descendants, ascendants this jurisdiction. It is not of natural law at all, but is
and collateral relative, unlike in adoption where only a wholly and entirely artificial. To establish the relation,
parent-child relationship is created. (Sta. Maria, M., the statutory requirements must be strictly carried out,
Persons and Family Relations, 2010, p. 661) otherwise, the adoption is an absolute nullity (Lazatin
vs. Hon. Judge Campos, G.R. No. L-42955-56 July 30,
2. The effects of legitimation shall retroact to the time of 1979).
the child’s birth (Art. 180) 2. Adoption proceedings are IN REM and publication
3. The legitimation of children who died before the serves as constructive notice to the whole world
celebration of the marriage shall benefit their (Santos vs. Aranzanso, L-23828, February 28, 1966).
ascendants (Art. 181)
4. Legitimation may be impugned only by those who are
prejudiced in their rights.
f. Has not been convicted of any crime involving moral Other factors to be considered in evaluating prospective
turpitude parents:
g. Emotionally and psychologically capable of caring for 1. Total personality of the applicants
children 2. Emotional maturity
3. Quality of marital relationship
2. Alien (S-DELL) 4. Feeling about children
a. Same qualifications as a Filipino 5. Feeling about childlessness and readiness to adopt
b. Country has diplomatic relations with the Philippines. 6. Motivation (Sta. Maria, M., Persons and Family
c. Certified by said office that his government allows the Relations, 2010, p. 681).
adoptee to enter his country as his adopted child
d. Has been living in the Philippines for at least three (3) Who may be adopted: (Sec. 8) (DARILL)
continuous years prior to the application for adoption 1. Child whose biological or adoptive parents have died,
and maintains such residence until the adoption provided that no proceedings shall be initiated within 6
decree is entered, months from the time of death of said parents
e. Certified to have legal capacity to adopt by his/her 2. Any person below 18 years of age who has been
diplomatic or consular office but certification may be voluntarily committed to the DSWD under P.D. 603 or
waived in the same instances for waiver of residency judicially declared available for adoption
requirement in (c) 3. Child whose adoption has been previously rescinded
direct proceeding frontally addressing the issue (Sayson Being a legitimate child by virtue of adoption, it follows
vs. CA, G.R. Nos. 89224-25 January 23, 1992). that the child is entitled to all the rights provided by law to
a legitimate child. The adopted child remains an intestate
Rescission of adoption (Sec. 19) - by ADOPTEE ONLY heir of his/her biological parents. Hence, she can well
assert her hereditary rights from her natural mother in the
Grounds: (ASAR) future (In the matter of adoption of Stephanie Nathy
1. Attempt on the life of the adoptee Astorga Garcia, GR No 148311 March 31, 2005).
2. Sexual assault or violence
3. Abandonment and failure to comply with parental Simulation of Birth
obligations Is the tampering of the civil registry making it appear in the
4. Repeated physical or verbal maltreatment by the birth records that a certain child was born to a person who
adopter despite having undergone counseling is not his/her biological mother, causing such child to lose
his/her true identity and status [R.A.8552 Art. 1 Sec. 3 (J)].
Note: Adoption shall not be subject to rescission by the
adopters. However, the adopters may disinherit the Punished by prision mayor in its medium and a fine not
adoptee for causes provided under Art 919 of the Civil exceeding P50, 000 under Sec. 21 (b) of the same law.
Code (Sec. 19).
An adoptee refused to use the surname of the adopter A crime defined and punished by Sec. 21 (b) of RA 8552
though already adopted. The adopter sought to committed by any person who shall cause the fictitious
rescind/revoke the Decree of Adoption (DOA), but the registration of the birth of a child under the names of
Domestic Adoption Act (R.A. 8552) which removes the persons who are not his/her biological parents.
right of adopter to challenge the validity of the DOA
became effective. SC held that the adopter may disinherit INTER-COUNTRY ADOPTION ACT OF 1995 (R.A. 8043)
the adoptee, and that the latter has the sole right to The socio-legal process of adopting a Filipino child by a
challenge the DOA (Lahom v. Sibulo, G.R. No 143989, foreigner or a Filipino citizen permanently residing abroad
July 14, 2003). where the petition is filed, the supervised trial custody is
undertaken, and the decree of adoption is issued outside
Disinheritance of adoptee by adopter the Philippines [Sec. 3 (a)].
Grounds: (Art. 919, NCC) (GAMM-CARD)
1. Groundless accusation against the testator of a crime Who may be adopted (Sec. 8)
punishable by six (6) years or more imprisonment Only a “legally-free child” may be the subject of inter-
2. Found guilty of an attempt against the life of the country adoption
testator, his/her spouse, descendants or ascendants
3. Causes the testator to make or changes a testator’s will Legally-free Child
through violence, intimidation, fraud or undue influence A child who has been voluntarily or involuntarily
4. Maltreatment of the testator by word or deed committed to the DSWD of the Philippines, in accordance
5. Conviction of a crime which carries the penalty of civil with the Child Youth and Welfare Code [Sec. 3 (f)]
interdiction
6. Adultery or concubinage with testator’s spouse No child shall be matched to a foreign adoptive family
7. Refusal without justifiable cause to support the parent unless it is satisfactorily shown that the child cannot be
or ascendant adopted locally (Sec. 11).
8. Leads a dishonorable or disgraceful life.
There shall be no physical transfer of a voluntarily
Effects of rescission: (Sec. 20) (PRAS) committed child earlier than six (6) months from the date
1. Parental authority of adoptee’s biological parents or of execution of Deed of Voluntary Commitment except:
legal custody of DSWD shall be restored if adoptee is 1. Adoption by a relative
still a minor or incapacitated. 2. Children with special medical conditions
2. Reciprocal rights and obligations of the adopter(s) and
the adoptee to each other shall be extinguished. Who may adopt (Sec. 9)
3. Amended certificate of birth of the adoptee shall be 1. Any alien or
cancelled and its original shall be restored. 2. Filipino citizen, both permanently residing abroad
4. Succession rights shall revert to their status prior to the
adoption, but vested rights shall be respected. Conditions: (JAC-NERD--PQ)
1. If married, his/her spouse must jointly file for the (Sec. 44, Implementing Rules of RA 8043)
adoption 2. The adopting parent(s) shall submit to the governmental
2. At least 27 years of age and at least 16 years older than agency or authorized and accredited agency, which
the child to be adopted, at the time of the application shall in turn transmit a copy to the Board, a progress
unless the adopter is: report of the child’s adjustment.
a. Parent by nature of the child to be adopted or
b. Spouse of such parent Disruption and termination of placement: (Sec. 47,
3. Capacity to act and assume all rights and Implementing Rules of RA 8043)
responsibilities of parental authority under his/her In the event of serious damage in the relationship
national laws, and has undergone the appropriate between the child and applicant; or when the continued
counseling from an accredited counselor in his/her placement is no longer in the best interests of the child:
country
4. Has not been convicted of a crime involving moral a. The Board through the Central Authority shall take
turpitude necessary measures to protect the child, in particular
5. Eligible to adopt under his/her national law cause the child to be withdrawn from the applicant
6. Agrees to uphold the basic rights of the child as and arrange for his temporary care
embodied under Philippine laws, the U.N. Convention b. The Central Authority shall exhaust all means to
on the Rights of a Child, and to abide by the rules and remove cause of unsatisfactory relationship
regulations issued to implement the Inter–Country c. The Central Authority shall submit at complete report
Adoption Act to the Board as to the actions taken as well as
7. Comes from a country with whom the Philippines has recommendations.
diplomatic relations and whose government maintains a d. Based on the report submitted by the Central
similarly authorized and accredited agency and that Authority, the Board may terminate the pre-adoptive
adoption is allowed under his/her national laws relationship.
8. In a position to provide the proper care and support and
to give the necessary moral values and examples to all Note: If the pre-adoptive relationship is found
his children, including the child to be adopted unsatisfactory by the child or the applicant or both, or if
9. Possesses all the qualifications and none of the the foreign adoption agency finds that the continued
disqualifications under the Inter–Country Adoption Act placement of the child is not in the child’s best interest,
and other applicable Philippine laws said relationship shall be suspended by the Board and the
foreign adoption agency shall arrange for the child’s
Filing of application (Sec.10): Either with the Philippine temporary care.
RTC having jurisdiction over the child OR with the Inter-
Country Adoption Board, through an intermediate agency If a satisfactory pre-adoptive relationship is formed
between the applicant and the child, the Board shall
Inter-Country Adoption Board (Sec. 4) submit the written consent to the adoption to the foreign
It acts as the central authority in matters relating to inter- adoption agency within 30 days after receipt of the latter’s
country adoption. request.
The Board shall ensure that all possibilities for the A copy of the final decree of adoption of the child,
adoption of the child under the Family Code have been including certificate of citizenship/naturalization whenever
exhausted and that inter–country adoption is in the best applicable, shall be transmitted by the foreign adoption
interest of the child. agency to the Board within 1 month after its issuance
(Sec. 53, Implementing Rules of RA 8043)
Supervision of trial custody (Sec. 14)
Mandatory period of 6 months from the time of placement Presumption of illegal adoption: (Sec. 57, Implementing
before a decree of adoption may be issued. During this Rules of RA 8043) (CPEN)
period, the adopting parents shall submit a progress 1. Consent for adoption was acquired through or attended
report of the child’s adjustment which shall be taken into by coercion, fraud, improper material inducement
consideration in issuing the decree of adoption. 2. Procedures and safeguards provided by law for
adoption were not complied with
1. Starts upon actual physical transfer of the child to the 3. Has exposed or subjected the child to be adopted to
applicant who, as actual custodian, shall exercise danger, abuse or exploitation
substitute parental authority over the person of the child 4. No authority to effect adoption from the Board
Note: Art. 197 providing for the source from where the In case of or urgent need and special circumstances, the
support should be taken out highlights the fact that the court may order only one of them to furnish support
people enumerated in Art. 195 have a personal obligation provisionally subject to the right to claim from the others
to support each other (Sta. Maria, M., Persons and Family the share due them (Art. 200 [2nd par]).
Relations, 2010, p. 763).
When two or more recipients at the same time claim for
For support of legitimate ascendants, descendants support and the person legally obliged to give does not
(legitimate/illegitimate), brothers and sisters have sufficient means to satisfy all claims:
(legitimate/illegitimate), only separate property of person 1. The order of liability provided by law shall be followed.
obliged to give support shall be answerable. In the
Demand for support (Art. 203) Exemption of support from attachment or execution
The obligation to give support shall be demandable from The right to receive support as well as money or property
the time the person who has a right to receive the same obtained as such support shall not be levied upon on
needs it for maintenance, but it shall not be paid except attachment or execution (Art. 205). But in case of
from the date of judicial or extrajudicial demand. contractual support or that given by will, the excess in
amount beyond that required for legal support shall be
Support must be demanded and the right to it established subject to levy on attachment or execution (Art. 208).
before it becomes payable. For the right to support does
not arise from the mere fact of relationship, even from Only salary "due" the judgment debtor is subject to
relationship of parents and children, but from ‘imperative attachment and execution, and then only if it is not made
necessity’ without which it cannot be demanded, and the to appear by the affidavit of the debtor or otherwise that
law presumes that such necessity does not exist unless such earnings are necessary for the support of his family.
support is demanded. (Sy vs. CA, G.R. No. 124518, Dec. Under the Revised Rules, so much of the earnings of the
17, 2007) debtor for his personal services within the month
preceding the levy as are necessary for the support of his
Payment of the amount for support starts only from the family (Sec. 12, Rule 39) is exempt from execution
time support has been judicially or extra-judicially (Avendaño vs. Alikapala, G.R. No. L-21189 November
demanded for the right to support does not arise from the 28, 1964).
mere fact of relationship but from imperative necessity
without which it cannot be demanded, and the law
presumes that such necessity does not exist, unless P ARENTAL A UTHORITY (PA)
support is demanded (Jocson vs. Empire Insurance Co.,
G.R. No. L-10792, April 30, 1958). Parental authority is the sum total of the right of the
parents over the persons and property of their
Performance of obligation to support (Art. 204) unemancipated children. It is pursuant to the natural right
1. Paying the allowance fixed; or and duty of parents over the same and it includes caring
2. Receiving and maintaining in the family dwelling the for and rearing of such children for civic consciousness
person who has a right to receive support provided that and efficiency and the development of their moral and
there is no moral or legal obstacle to do so. physical character and well-being (Art. 209).
Note: The law provides that the husband, who is obliged Parental Preference Rule
to support the wife, may fulfill the obligation either by The natural parents, who are of good moral character and
paying her a fixed pension or by maintaining her in his who can reasonably provide for the child, are ordinarily
own home at his option. However, this option given by entitled to custody as against all other persons (Sta.
law is not absolute. The law will not permit the husband to Maria, M., Persons and Family Relations, 2010, p. 789).
evade or terminate his obligation to support his wife if the
wife is driven away from the conjugal home because of his Parental authority and responsibility are inalienable and
wrongful acts. In the case at bar, the wife was forced to may not be transferred or renounced except in cases
authorized by law. The right attached to parental authority, descendant or by one parent against the other (Art. 215,
being purely personal, the law allows a waiver of parental FC in relation to Sec. 25, Rule 130 of the Rules on
authority only in cases of adoption, guardianship and Evidence)
surrender to a children’s home or an orphan institution.
When a parent entrusts the custody of a minor to another, In Emma Lee vs. CA (G.R. No. 177861, July 13, 2010),
such as a friend or godfather, even in a document, what is the person (Tiu) who invoked the filial privilege, claims
given is merely temporary custody and it does not that she is the stepmother of petitioner Lee. The Supreme
constitute a renunciation of parental authority. Even if a Court declared that the privilege cannot apply because the
definite renunciation is manifest, the law still disallows the rule applies only to “direct” ascendants and descendants,
same. The father and mother, being the natural guardians a family tie connected by a common ancestry. A
of unemancipated children, are duty-bound and entitled to stepdaughter does not have a common ancestry by her
keep them in their custody and company (Sagala-Eslao stepmother. Relative thereto, Art. 965 of the NCC
vs. CA, G.R. No. 116773, January 16, 1997). provides that the direct line is either descending or
ascending. The former unites the head of the family with
The right of custody accorded to parents springs from the those who descend from him. The latter binds a person
exercise of parental authority. (Santos vs. CA, G.R. No. with those from whom he descends. Consequently, Tiu
113054 March 16, 1995) can be compelled to testify against petitioner Emma Lee.
This rule is not strictly a rule on disqualification because a
Rules on the exercise of parental authority descendant is not incompetent or disqualified to testify
Joint parental authority by the father and mother over the against an ascendant. The rule refers to a privilege not to
persons of their common children, whether legitimate or testify, which can be invoked or waived like other
illegitimate. In case of disagreement, the father’s decision privileges. As correctly observed by the lower court, Elven
shall prevail unless there is a judicial order to the contrary was not compelled to testify against his father; he chose
(Art. 211) to waive that filial privilege when he voluntarily testified
against Artemio. Elven declared that he was testifying as
Under Art. 176, parental authority of illegitimate children is a witness against his father of his own accord and only "to
generally with the mother. To harmonize Art. 176 with Art. tell the truth” (People vs. Invencion, G.R. No. 131636
211, joint parental authority may be exercised over March 5, 2003).
illegitimate children if:
1. The father is certain, and In line with the filial privilege under Art. 215 of the Family
2. The illegitimate children are living with the said father Code is the marital privilege provided for under Sec. 24
and mother who are cohabiting without the benefit of (a) of Rule 130 of the Rules of Court which states that:
marriage or under a void marriage not falling under Arts.
36 and 53.( Sta. Maria, M., Persons and Family The husband or the wife, during or after the marriage,
Relations, 2010, p. 781) cannot be examined without the consent of the other as to
any communication received in confidence by one from
Note: The recognition by the father could be a ground for the other during the marriage except in a civil case by one
ordering him to give support, but not custody of the child. against the other, or in a criminal case for a crime
Only if the mother defaults can the father assume such committed by one against the other or the latter's direct
custody or authority. Only the most compelling of reasons, descendants or ascendants.
such as the mother’s unfitness to exercise sole parental
authority shall justify deprivation of her parental authority Rules in case parental authority cannot be exercised
and the award of custody to someone else (Briones vs. jointly (Art. 212 to 214)
Miguel, G.R. No. 156343 October 18, 2004). Cause of absence of Effect on parental
parent authority
Duties of Children towards their Parents Absence or death of one PA continued by the
1. To observe respect and reverence toward their parents; parent parent present or
2. To obey their parents as long as they are under their surviving parent
parental authority. In case of remarriage of PA continued to be
the surviving parent exercised by surviving
Rule of filial privilege parent unless court
No descendant shall be compelled, in a criminal case, to appoints another person
testify against his parents and grandparents, except when a guardian
such testimony is indispensable in a crime against the
Note: The new spouse, As to the bias favoring the mother over the father in case
by virtue of his or her of separation: At any rate, the rule’s seeming harshness
marrying the surviving or undesirability is tempered by ancillary agreements the
parent, does not separated parents may wish to enter such as granting the
automatically possess father visitation and other privileges. These arrangements
parental authority over are not inconsistent with the regime of sole maternal
the children of the custody under the second paragraph of Article 213 which
surviving parent unless merely grants to the mother final authority on the care and
such new spouse custody of the minor under seven years of age, in case of
adopts the children. disagreements.
(Sta. Maria, M., Persons
and Family Relations, As to the limited period of application of preference:
2010, p. 784) Further, the imposed custodial regime under the second
Legal separation of PA shall be exercised paragraph of Article 213 is limited in duration, lasting only
parents by the parent until the child’s seventh year. From the eighth year until
designated by the court the child’s emancipation, the law gives the separated
parents freedom, subject to the usual contractual
Exception: limitations, to agree on custody regimes they see fit to
If child is under seven adopt.
years old, the mother
shall have custody over Writ of habeas corpus in child custody cases
said child. Habeas corpus may be resorted in cases where rightful
custody is withheld from a person entitled thereto
Exception to the (Salientes vs. Abanilla G.R. No. 162734 August 29, 2006).
exception:
Unless the court finds The controversy does not involve the question of personal
compelling reasons to freedom, because an infant is presumed to be in the
order otherwise. custody of someone until he attains majority age. In
Death, absence or Substitute parental passing on the writ in a child custody case, the court deals
unsuitability of both authority shall be with a matter of an equitable nature. Not bound by any
parents exercised by the mere legal right of parent or guardian, the court gives his
surviving grandparent. or her claim to the custody of the child due weight as a
In case several survive, claim founded on human nature and considered generally
the court shall consider equitable and just. Therefore, these cases are decided,
the best interests of the not on the legal right of the petitioner to be relived from
child in the designation. unlawful imprisonment or detention, as in the .case of
adults, but on the court’s view of the best interests of
Doctrines regarding the maternal preference granted by those whose welfare requires that they be in custody of
Art. 213 par. 2 as decided in Dacasin vs. Dacasin (G.R. one person or another. Hence, the court is not bound to
No. 168785 February 5, 2010) deliver a child into the custody of any claimant or of any
persons, but should, in the consideration of the facts,
Maternal preference cannot be subject to an agreement leave it in such custody as its welfare at the time appears
between the separated spouses: Indeed, the separated to require. In short, the child’s welfare is the supreme
parents cannot contract away the provision in the Family consideration (Sombong vs. CA, G.R. No.
Code on the maternal custody of children below seven 111876. January 31, 1996).
years anymore than they can privately agree that a
mother who is unemployed, immoral, habitually drunk, Maternal Preference/ Tender Years Rule
drug addict, insane or afflicted with a communicable General Rule: No child under 7 years of age shall be
disease will have sole custody of a child under seven as separated from the mother.
these are reasons deemed compelling to preclude the
application of the exclusive maternal custody regime Exception: When the court finds compelling reason to
under the second paragraph of Article 213. order otherwise. The welfare and well-being of the child is
the paramount consideration in awarding custody.
The same order of preference shall be observed when Parental authority shall be entrusted in summary judicial
appointment of guardian over property of child becomes proceeding to:
necessary. 1. Heads of children’s homes,
2. Orphanages, or
Private respondents' (grandparents) demonstrated love 3. Similar institutions duly accredited by the proper
and affection for the boy, notwithstanding, the legitimate government agency (Art. 217)
father is still preferred over the grandparents. The latter's SPECIAL PARENTAL AUTHORITY (Art. 218 and 219)
wealth is not a deciding factor, particularly because there Can only be exercised over minors while under their
is no proof that at the present time, petitioner is in no supervision, instruction or custody. The authority and
position to support the boy. The fact that he was unable to supervision also attach to all authorized activities whether
provide financial support for his minor son from birth up to inside or outside the school, entity or institution.
over three years when he took the boy from his in-laws
without permission, should not be sufficient reason to strip The following shall be held principally and solidarily liable
him of his permanent right to the child's custody. While for damages caused by the acts or omissions of the
petitioner's previous inattention is inexcusable and merits unemancipated minor:
only the severest criticism, it cannot be construed as 1. School
abandonment. His appeal of the unfavorable decision
against him and his efforts to keep his only child in his No distinction between academic or non-academic (arts
custody may be regarded as serious efforts to rectify his and trades)
past misdeeds. To award him custody would help
enhance the bond between parent and son. It would also Note: In Amadora vs. CA (G.R. No. L-47745 April 15,
give the father a chance to prove his love for his son and 1988), the Court has come to the conclusion that the
for the son to experience the warmth and support which a Art. 218 and 219 should apply to all schools, academic
father can give (Santos vs. CA, G.R. No. 113054 March as well as non-academic. Where the school is academic
16, 1995). rather than technical or vocational in nature,
responsibility for the tort committed by the student will
Note: The person exercising substitute parental authority attach to the teacher in charge of such student,
shall have the same authority over the person of the child following the first part of the provision. This is the
as the parents (Art. 233). general rule. In the case of establishments of arts and
trades, it is the head thereof, and only he, who shall be
Rule in case of foundlings, abandoned, neglected or held liable as an exception to the general rule. In other
abused children and other children similarly situated: (Art. words, teachers in general shall be liable for the acts of
217) their students except where the school is technical in
nature, in which case it is the head thereof who shall be
Foundling answerable. Following the canon of reddendo singula
Newborn child abandoned by its parents who are singulis "teachers" should apply to the words "pupils
unknown (Bouvier’s Law Dictionary, 3rd Revision, p. 1293) and students" and "heads of establishments of arts and
trades" to the word "apprentices."
Abandoned child
One who has no proper parental care or guardianship, or 2. Administrators and teachers
those whose parents or guardians have deserted him for a 3. Individual, entity or institution engaged in child care
period of at least six continous months [Art. 141 (2), PD
603] As held in the case of Palisoc vs. Brillantes (G.R. No. L-
29025 October 4, 1971), the phrase "so long as (the
students) remain in their custody" means the protective their parental authority.
and supervisory custody that the school and its heads and
teachers exercise over the pupils and students for as long The principle of parental liability (under Art. 221) is a
as they are at attendance in the school, including recess species of vicarious liability, or the doctrine of imputed
time. There is nothing in the law that requires that for such negligence where a person is not only liable for torts
liability to attach, the pupil or student who commits the committed by himself, but also for torts committed by
tortious act must live and board in the school. In the view others with whom he has a certain relationship and for
of the Court, the student is in the custody of the school whom he is responsible. Parental liability is, in other
authorities as long as he is under the control and influence words, anchored upon the parental authority coupled with
of the school and within its premises, whether the the presumed parental dereliction in the discharge of the
semester has not yet begun or has already ended. duties accompanying such authority (Tamargo vs. CA,
G.R. No. G.R. No. 85044 June 3, 1992).
Note: In no case shall the persons exercising special
parental authority inflict corporal punishment upon the
child (Art. 233).
4. To furnish them with good and wholesome educational ten per centum (10%) of the value of the property or
materials, supervise their activities, recreation and annual income, to guarantee the performance of the
association with others, protect them from bad obligations prescribed for general guardians.
company, and prevent them from acquiring habits
detrimental to their health, studies and morals; Fruits and profits of industry of child:
5. To represent them in all matters affecting their a. Owned by the child;
interests; b. Shall be devoted exclusively to the child’s support
6. To demand from them respect and obedience; and education unless the title or transfer provides
7. To impose discipline on them as may be required otherwise.
under the circumstances; and c. Parent may only use such fruits and income shall be
8. To perform such other duties as are imposed by law limited primarily to the child's support and secondarily
upon parents and guardians. to the collective daily needs of the family.
Procedure for imposing discipline on the child (Art. 223) Administration of parents’ property by unemancipated
1. Parent or person exercising parental authority, may child (Art. 227)
petition the proper court of the place where the child 1. The net proceeds of such property shall belong to the
resides, for an order providing for disciplinary measures parents-owner.
over the child. 2. The child shall be given a reasonable monthly
a. Relief prayed for may include commitment in an allowance in an amount not less than that which the
institution in child care duly accredited by the proper owner would have paid if the administrator were a
government authority for not more than 30 days. stranger, unless the owner, grants the entire proceeds
b. If petition is granted, parent shall not interfere with to the child.
the implementation of the decision but shall continue 3. The proceeds given in whole or in part shall not be
to provide for his support. charged to the child's legitime.
Kinds of Properties of a Minor
2. There will be a summary hearing and the child shall be Adventitious (Art. 226) Profectitious (Art. 227)
entitled to the assistance of counsel, either of his choice
or appointed by the court. Earned or acquired by the
Property given by the
3. If in the same proceeding the court finds the petitioner child through his work or
parents to the child for the
at fault, irrespective of the merits of the petition, or when industry by onerous or
latter to administer
the circumstances so warrant, the court may also order gratuitous title
the deprivation or suspension of parental authority or Owned by the child Owned by the parents
adopt such other measures as it may deem just and Child is also the
proper. usufructuary, but the child’s
4. The court may terminate the commitment of the child Parents are the
use of the property shall be
whenever just and proper (Art. 224) usufructuary
secondary to the collective
daily needs of the family
II. Upon the Property of the Children (Art. 225 and 226)
The father and the mother shall jointly exercise legal Property administered by Property administered by
guardianship over the property of the unemancipated the parents the child
common child without the necessity of a court
appointment. Note: The courts may appoint a guardian of the child’s
property, or a guardian ad litem when the best interests of
In case of disagreement, the father's decision shall the child so require. (Art. 222)
prevail, unless there is a judicial order to the contrary.
SUSPENSION AND TERMINATION OF PARENTAL
Note: Two cases where a parent cannot be the AUTHORITY (Art. 228 and 229)
administrator of the property of his children under the
provisions on succession, Art. 923 and Art. 1035 of the Grounds for suspension: (CHOBAN)
Civil Code. 1. Conviction of a crime with the penalty of civil interdiction
2. Harsh or cruel treatment against the child
Exception: Parents are required to file a bond where the 3. Orders, counsel and example which are corrupting,
market value of the property or the annual income of the given by the person exercising authority
child exceeds P50,000. The bond shall not be less than 4. Child is compelled to beg
5. Subjecting child or allowing child to be subjected to acts induce, deliver or offer a minor under his custody to
of lasciviousness, persons described and enumerated in Sec. 10 (b).
6. Negligence, which is culpable, committed by the person
exercising authority (Art. 231)
E MANCIPATION
Note: The suspension or deprivation may be revoked and
parental authority revived if the court finds that the cause Emancipation takes place by the attainment of the age of
has ceased and will not be repeated. (Art. 231 par. 4) majority. Unless otherwise provided, majority commences
at the age of eighteen years. (Art 234 as amended by RA
In case of civil interdiction, the authority is automatically 6809)
reinstated upon service of penalty or pardon or amnesty of
the offender. There is no need of a court order. (Art. 230) Effect of Emancipation
Emancipation for any cause shall terminate parental
authority over the person and property of the child who
shall then be qualified and responsible for all acts of civil
life, save the exceptions established by existing laws in
Grounds for termination of parental authority special cases (Art 236 as amended by RA 6809).
Permanent (Art. 228 and
Temporary (Art. 229)
232) Upon the effectivity of this Act (December 13, 1989),
Death of the parents Adoption of the child existing wills, bequests, donations, grants, insurance
policies and similar instruments containing references and
Appointment of a general provisions favorable to minors will not retroact to their
Death of the child
guardian prejudice (Sec, 4, RA 6809).
Emancipation of the child Judicial declaration of
abandonment
S UMMARY J UDICIAL
If the person exercising
parental authority has P ROCEEDINGS IN THE F AMILY
Final judgment divesting the L AW
subjected the child or
parents of parental authority
allowed him to be subjected
to sexual abuse Actions requiring summary judicial proceedings under the
Family Code:
Judicial declaration of
1. To obtain a judicial declaration of presumptive death for
absence or incapacity of the
the purpose of contracting a subsequent marriage (Art.
parents exercising parental
41)
authority over the child.
2. In case of legally separated spouses, when the consent
of one spouse to any transaction of the other is required
Notes: Sec. 10 (b) of the RA 7610 punishes any person by law, judicial authorization shall be obtained in a
who shall keep or have in his company a minor: summary proceeding (Art. 100 [2])
a. Who is 12 years old or younger in any public or 3. In case of legally separated spouses, when the
private place, hotel, motel, beer joint, discotheque, community property is not sufficient for the support of
cabaret, pension house, sauna or massage parlor, the family each spouse is liable with his/her separate
beach and/or other tourist resort or similar places; or property. The spouse present shall petition the court for
b. Who is 10 or more years his junior, in the places the administration of the specific separate property of
enumerated in (a). the other spouse and the use the fruits or proceeds to
satisfy the latter’s share (Art. 100 [3]).
The same provision expressly provides that it does not 4. To confer parental authority over foundlings,
apply to any person who is related to the minor within the abandoned, neglected, and abused children to heads of
fourth degree of consanguinity or affinity or any bond children’s homes and orphanages (Art. 217)
recognized by law, local custom and tradition or acts in 5. To provide for disciplinary measures over the child at
the performance of a social, moral or legal duty. the motion of the parents or any person exercising over
parental authority (Art. 223)
However, Sec. 10 (c) of RA 7610 provides as penalty, 6. For the filing of a bond to enable the parents of a minor
among others, the loss of parental authority to any to exercise of legal guardianship latter’s properties,
ascendant, stepparent or guardian of a minor, who shall
when the value of said properties exceed Php 50,000 2. The funeral shall be in keeping with the social position
(Art. 225) of the deceased (Art. 306 NCC)
7. Determination of the value of the presumptive legitimes 3. The funeral shall be in accordance with the expressed
in cases of partition of the conjugal dwelling (Art. 51) wishes of the deceased
8. In case of disagreement in fixing the family domicile a. In the absence of the expressed wishes, his
(Art. 69) religious beliefs or affiliation shall determine funeral
9. In case of objection to a spouse’s exercise of legitimate rites
profession (Art. 73) a. In case of doubt, the persons in Art. 199, FC
10. In case of disagreement in the administration and shall decide, after consulting other members of the
enjoyment of the community property/conjugal family (Art. 307 NCC)
partnership (Art. 96, 124) 4. No human remains shall be retained, interred, disposed
of or exhumed without the consent of the persons in Art.
Procedure: (Art. 239-248) F-NOPED-J 199, FC (Art. 308 NCC)
1. Upon filing of verified petition in the family court where 5. Any person who disrespects the dead or allows the
the spouses reside (or in the RTC, if there is no family same or wrongfully interferes with a funeral shall be
court), jurisdiction of said court over the petition shall liable for damages (Art. 309 NCC)
attach upon proof of notice to the other spouse. 6. If the deceased is married, the tombstone or
2. Notice to the non-petitioning spouse shall include a mausoleum is deemed a part of the funeral expense
show cause order why the petition should not be and chargeable against ACP or CPG (Art. 310 NCC)
granted
3. The non-petitioning spouse is given the opportunity to U SE OF S URNAMES
answer on or before the date set for the initial
conference as indicated in the notice.
Child Surname
4. The preliminary conference shall be conducted by the
Legitimate Surname of father
judge personally, and the spouses shall not be
accompanied by counsel. After the initial conference, Legitimated Surname of father
the spouses may be assisted by counsel at the court’s Conceived before the
discretion. decree annulling a voidable Surname of father
5. The court may proceed ex parte and render judgment if marriage
despite all efforts, the non-petitioning spouse does not Generally, surname of
appear. mother. May use surname
6. If both spouses are present during the initial conference of father if filiation has been
and the petition is not resolved then, the petition shall expressly recognized by
be decided in a summary hearing on the basis of the father through the
affidavits submitted. Illegitimate record of birth appearing in
7. The judgment of the court shall be immediately final and the civil register, or when
executory. an admission in a public
document or private
handwritten instrument is
F INAL P ROVISIONS made by the father.
Adopted Surname of adopter
Retroactive Effect
The Family Code shall have retroactive effect insofar as it Rules on the surname of a married woman (Art. 307)
does not prejudice or impair vested or acquired rights in 1. A married woman may use:
accordance with the Civil Code or other laws (Art 256). a. Her maiden first name and surname and add her
husband's surname (ex: Maria Aquino-dela Cruz) or
F UNERALS b. Her maiden first name and her husband's surname
(ex: Maria dela Cruz) or
General Guidelines: c. Her husband's full name, but prefixing a word
1. Duty and right to make arrangement for funerals is in indicating that she is his wife, such as "Mrs.” (ex: Mrs.
accordance with right and duty to support under Article Juan dela Cruz)
199, FC. In case of descendants of the same degree, or
brothers and sisters, the eldest shall be preferred (Art. 2. In case of annulment of marriage (Art. 371):
305 NCC).
a. If the wife is the guilty party, she shall resume her a. There is an actual use of another’s name by the
maiden name and surname. defendant
b. If she is the innocent spouse, she may resume her b. The use is unauthorized;
maiden name and surname. However, she may c. The use of another’s name is to designate personality
choose to continue employing her former husband's or identify a person (Tolentino vs. Ca, G.R. no. L-41427
surname, unless: june 10, 1988).
i. The court decrees otherwise, or
ii. She or the former husband is married again to The unauthorized or unlawful use of another person's
another person. surname gives a right of action to the latter. (Art. 378)
3. When legal separation has been granted, the wife shall Change of name is a judicial proceeding in rem.
continue using her name and surname employed before Jurisdiction to hear and determine a petition therefor, by
the legal separation. (Art. 372) law, is acquired after publication of the "order reciting the
purpose of the petition" and the "date and place for the
Note: The language of the statute is mandatory that the hearing thereof"---for three (3) successive weeks in a
wife, even after the legal separation has been decreed, newspaper of general circulation. But, for that publication
shall continue using her name and surname employed to be effective, it must give a correct information. We
before the legal separation. This is so because her therefore rule that for purposes of an application for
married status is unaffected by the separation, there change of name under Article 376 of the Civil Code, the
being no severance of the vinculum. It seems to be the only name that may be changed is the true or official
policy of the law that the wife should continue to use the name recorded in the civil register. In addition, we
name indicative of her unchanged status for the benefit accordingly hold that for a publication of a petition for a
of all concerned ( Laperal vs. Republic, G.R. No. L- change of name to be valid, the title thereof should
18008 October 30, 1962). include, first, his real name, and second, his aliases, if any
(Ng Yao vs. Republic, G.R. No. L-20306 March 31, 1966).
4. A widow may use the deceased husband's surname as
though he were still living, in accordance with Article
370. (Art. 373) A BSENCE
Identity of names and surnames The legal status of a person who has absented himself
1. The younger person shall be obliged to use such from his domicile and whose whereabouts and fate are
additional name or surname as will avoid confusion unknown, it not being known with certainty whether he is
(Art. 374) still living or not (Jurado, Civil Law Reviewer, 19th Ed.
2. Between ascendants and descendants, the word (1999), p. 260).
"Junior" can be used only by a son. Grandsons and
other direct male descendants shall either: Different stages of absence [Paras, 15th ed. (2002), p.
a. Add a middle name or the mother's surname, or 857]: (PDP)
b. Add the Roman Numerals II, III, and so on (Art 375) 1. Provisional absence (Art. 381)- When a person
disappears from his domicile, his whereabouts being
Article 375 restricts the use of “Junior” but social usage unknown, without leaving an agent to administer his
allows the use of “Junior” also for daughters. property.
a. There is no declaration of absence yet but legal
General Rule: No person shall use different names and representative may be appointed only when urgent
surnames (Art. 380). representation is necessary and applies only if no
agent has been appointed to represent the absentee
Exception: Use of pen names or stage names is or agent’s authority has expired.
permitted, PROVIDED it is done in good faith and there is b. The spouse is preferred as the legal representative
no injury to third persons (Art 379) except when they are legally separated.
c. If absentee left no spouse, any competent person any
Usurpation of a name and surname may be the subject of be appointed.
an action for damages and other relief. (Art. 377)
2. Declared absence (Art. 384)
Elements: a. Without administrator - When a person disappears
from his domicile, and 2 years have elapsed without
When the wife is appointed as an administratrix, she Extraordinary circumstances under Art. 391: (LAO)
cannot alienate or encumber the husband’s property or 1. Person on board a vessel or airplane lost during sea
that of the conjugal property without judicial authority. voyage or missing, counted from the loss of the vessel
or airplane
The administration shall cease when: 2. Person in armed forces who took part in war
i. Absentee reappears personally or through an agent 3. Person in danger of death under other circumstances
ii. Death is proven and his existence has not been known
iii. Third person appears and shows proof that he
acquired absentee’s property when absentee was Note: A well-founded belief that the absentee is already
still alive. dead is required before an absent spouse may be
declared presumably dead. The requisites are: (4-RBF)
3. Presumptive death- When the absentee is presumed a. Absent spouse has been missing for 4 years or 2
dead. (Art. 390, 391) consecutive years if the disappearance is under Art.
391 of the Civil Code;
PRESUMPTION OF DEATH (Arts. 390 to 392, NCC) b. Present spouse wishes to remarry;
Absence under ordinary circumstances c. Present spouse has a well- founded belief that the
(Art. 390) absent spouse is dead;
d. Present spouse files a summary proceeding for the
Presumed dead for all
declaration of presumptive death of the absent
purposes
spouse (Republic v. Nolasco, G.R. NO. 14053, March
7 years 13, 1993).
Exception:
For purposes of opening
The legal requirement on the need for judicial declaration
succession
of presumptive death does not apply to a marriage
Presumed dead for celebrated under the (Old) Civil Code as the law itself
purposes of opening presumed as dead the spouse who disappeared for a
succession period of seven (7) years where the present spouse has
no news of the absentee being alive, or for less than
Exception: seven (7) years where the absentee was generally
10 years If at the time of presumed dead (Valdez vs. Republic, G.R. No. 180863,
disappearance person September 8, 2009). Hence, proof of “well- founded” belief
was already 75 years old, is not required.
5 years of absence is
sufficient for this
presumption to apply.
C IVIL R EGISTER
Presumed dead for Acts, events and judicial decrees concerning the civil
4 years purposes of remarriage of status of persons shall be recorded in the civil register
the spouse present (Art. 407). This includes:
1. Births;
2. Marriages; Clerical or typographical error
3. Deaths; It refers to a mistake committed in the performance of
4. Legal separations; clerical work in writing, copying, transcribing or typing an
5. Annulments of marriage; entry in the civil register that is harmless and innocuous,
6. Judgments declaring marriages void from the such as misspelled name or misspelled place of birth or
beginning; the like, which is visible to the eyes or obvious to the
7. Legitimations; understanding, and can be corrected or changed only by
8. Adoptions; reference to other existing record or records [Sec. 2(3)].
9. Acknowledgments of natural children;
10. Naturalization; Exceptions to the exception: (SANS)
11. Loss; or 1. Sex
12. Recovery of citizenship; 2. Age
13. Civil interdiction; 3. Nationality
14. Judicial determination of filiation; 4. Status
15. Voluntary emancipation of a minor; and
16. Changes of name. (Art. 408) Note: Correction or change can be made by the
concerned city or municipal civil registrar or consul
Duty of the Clerk of Court general in accordance with the provisions of this Act and
To ascertain whether the decree has been registered, and its implementing rules and regulations.
if this has not been done, to send a copy of said decree to
the civil registry of the city or municipality where the court The State has an interest in the names borne by
is functioning (Art. 409). individuals and entities for purposes of identification. A
change of name is a privilege, not a right. Petitioner must
Books of the Civil Register and related documents show proper or reasonable cause or any compelling
1. Considered public documents reason which may justify such change (Silverio v.
2. Prima facie evidence of the facts therein contained. (Art. Republic, G.R. NO. 174689, October 22, 2007).
410)
Grounds for change of first name or nickname (Haw Liong
Unlawful alteration (Art. 411) vs. Republic G.R. No. L-21194 April 29, 1966): (HAR)
General Rule: Every civil registrar shall be civilly 1. New first name or nickname has been habitually and
responsible for any unauthorized alteration made in any continuously used by the petitioner and he has been
civil register, to any person suffering damage thereby. publicly known by that first name or nickname in the
community;
Exception: If the civil register proves that he has taken 2. The change will avoid confusion
every reasonable precaution to prevent the unlawful 3. First name or nickname is ridiculous, tainted with
alteration. dishonor or extremely difficult to write or pronounce;
Change of first name or nickname Under R.A. 9048 (An Note: R.A. 9048 does NOT sanction a change of first
Act Authorizing City or Municipal Civil Registrar or the name on the ground of sex reassignment. To rule
Consul General to Correct a Clerical or Typographical otherwise may create grave complications in the civil
Error in an Entry and/or Change of First Name or registry and public interest (Republic v. CA, GR NO.
Nickname in the Civil Registrar without Need of a Judicial 97906, May 21, 1992).
Order, Amending For This Purpose Arts. 376 And 412 Of
The Civil Code) Middle names serve to identify the maternal lineage or
filiation of a person as well as further distinguish him from
Authority to correct clerical or typographical error and others who may have the same given name and surname
change of first name or nickname: (Sec. 1) as he has. The dropping of the middle name of a minor so
that he will not be different from his classmates in
General Rule: No entry in a civil register shall be changed Singapore and on the additional ground that it would
or corrected without a judicial order. cause confusion and difficulty in its pronunciation in
Singapore does not constitute proper and reasonable
Exceptions: Administrative proceeding for change of first cause to drop it from his registered complete name. As he
name or nickname and clerical or typographical errors. is of tender age, he may not yet understand and
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