CIVIL PERSONALITY Legal Personality- refers to persons; persons have the capacity to possess rights and obligations.

2 Kinds of Persons: 1. Natural persons- human beings 2. Juridical/ Artificial beings- entities created by law; may consist of human beings. E.g. Corporations, trusts, partnerships Juridical Capacity- inherent in every NATURAL person; it is the fitness to be the subject of any legal relation. Capacity to act- the power to do acts with legal effects. A conceived child, although as yet unborn, is given by a law a presumptive/provisional personality of its own for all purposes favourable to it, as explicitly provided in Art. 40 of the Civil Code of the Philippines. The unborn child, therefore, has a right to support from its progenitors, particularly the defendant. Universal Steel Manufacturing Corporation vs Honorable Accredited Voluntary Arbitrator The parent of an unborn child, a worker in a steel manufacturing corporation and as an employee and a member of the employees union, he was entitled, under a collective bargaining agreement and for which reason, he claimed to be entitled to the bereavement benefits arising from the death of the unborn child. The provisions of the CBA are silent as to whether the bereavement benefits apply to instances where the fetus or the child is still unborn. The employer argued that the CBA, insofar as the bereavement benefit is concerned, contemplates of a situation where a dependent of the employee is already born and has acquired legal personality. The employer argued that it does not cover a situation where the dependent is still inside the maternal womb, therefore, not yet a person. The Supreme Court ruled in favour of the worker saying that work benefit stated under the CBA does not distinguish and, therefore, it covers an unborn fetus because being an unborn, it cannot be disputed that the fetus is dependent on the parent particularly dependent on the support of the mother bearing the child inside the maternal womb. The Supreme Court said that while it is true that without birth, there can be no actual personality, it is not going to say that on those who are born can die. The employers argument states that only persons can die, and the unborn child is not a person for not having been born yet, and is therefore, not covered under the bereavement benefits because such presupposes death. This argument was rejected by the Supreme Court saying that it is not correct to say that only a person can die or only those born can die because life begins at conception. A child that dies before delivery can be considered covered by the bereavement benefit because the purpose of the benefit is to assuage the grief and sorrow of the parents who suffered as a result of the death of the fetus. * Considering that it is birth that completes the actual legal personality of a person, the parents, in case of the death of the unborn child, are not entitled to claim actual damages representing the value of the life of the unborn child, not on behalf of the unborn child because it has no legal personality. But the parents, in their own right, may recover moral damages to compensate for the loss arising from the death of the unborn child.

JURIDICAL CAPACITY When does legal personality begin/ commence to exist? GENERAL RULE: A natural person can be considered as such when it is BORN. Without birth, there can be no legal/ civil personality. EXCEPTION: Art. 40 in relation to Art. 41. An unborn child, for legal purposes favourable to it, shall be considered born, provided it complies with the conditions set forth under Art. 41: 1. Natural child with an intra-uterine life of more than 7 months- it must be alive at the time of complete delivery from the maternal womb. So, even it has been delivered from the maternal womb, even if it will die minutes or seconds after, it is considered BORN and, therefore, invested with legal personality. 2. Natural child with an intra-uterine life of less than 7 months- it must be alive within the first 24 hours from the complete delivery from the maternal womb, otherwise, the fetus cannot be considered to have acquired legal personality. * An unborn child has rights before its complete delivery from the maternal womb under Art. 40 which states that for purposes favourable to it, it is considered as born. Such rights are: Right to support (Quimiguing vs Icao) Can be a donee in a valid donation Quimiguing vs Icao The plaintiff Quimiguing appealed for support at P120 per month, damages and attorneys fee against the defendant Icao, who, although married, succeeded in having carnal knowledge with the plaintiff several times by force and intimidation. As a result, the plaintiff became pregnant, despite efforts and drugs supplied by defendant, and the plaintiff had to stop studying.

Art. 42 Civil or legal personality is extinguished by death. As opposed to capacity to act which is acquired and it may be distinguished, not only by death, but by some other reasons. *Juridical capacity may exist without capacity to act but capacity to act cannot exist without juridical capacity. PRINCIPLE ON SIMULTANIETY IN DEATHS For purposes OF SUCCESSION Rule 131 Sec. 3 par. kk of the Rules of Court When two or more persons are called to succeed each other and there is no evidence as to who of them died first, the party who alleges the death of one prior to the other has the burden to prove. In the absence of that evidence, the presumption is the persons who are called to succeed each other, died at the same time; therefore, there is no transmission of rights. Example: Mr. Buot and Ms. Bernil as husband and wife, they may inherit from each other. Both of them died and there is no evidence as to who of them died first. The issue as to who of them died first is relevant for purposes of succession. The party who alleges the death of one prior to the other has the burden to prove that that party died ahead of the other, therefore, entitled to inherit. In the absence of evidence, they died at the same time; therefore, no one can inherit from the other for purposes of succession. PRESUMPTION OF DEATHS Rule 131 Sec. 3 par. w of the Rules of Court The Rules of Court specifically the Rules on Evidence provide for the rule on presumption of death in instances where a person when missing. There is no evidence of actual death but the law provides for a presumption based on the fact that the person is missing. Rule 1. For purposes OTHER THAN SUCCESSION, a person is presumed dead if he is missing and his whereabouts is unknown for a period of 7 YEARS. Rule 2. For purposes of SUCCESSION, the presumption of death takes effect after a person went missing for a period of 10 YEARS. Rule 3. For purposes of SUCCESSION, if that person missing is more than 75 years old, the presumption of death operates if that person went missing for a period of 5 YEARS. Rule 4. For purposes of SUCCESSION, if the person is missing in circumstances where there is danger of death, the period where the presumption of death can be inferred is 4 YEARS. Rule 5.For purposes of REMARRIAGE, the presumption of death will take effect after 2 YEARS.

*applied only if there is no evidence or information about the whereabouts of the person. Eastern Shipping Lines vs Lucero Lucero was a ship captain and during the ship voyage, the vessel was caught in the middle of the ocean by a storm. While the vessel was encountering huge waves, Lucero sent signals to the mother company informing the latter of the predicament of the vessel. After 3 communications sent by Lucero to the company, that was the last time the latter heard of Lucero and the rest of the crew members. The vessel disappeared. The wife, after Lucero went missing for several years, went to the company to claim Luceros salary and benefits. The request was denied by the company contending that Lucero died and perished with the vessel and therefore, he is not anymore entitled to salary and compensation corresponding to their expired portion of the contract. The wife counter-argued that Lucero cannot be considered dead because the 4-year period to presume Lucero was had not yet prescribed. The wife invoked the rule on presumption of death. The Supreme Court ruled that, under the facts and circumstances of the case, the rule on presumption of death does not apply because evidence would show that there is preponderance of evidence that Lucero died at that very instance when the vessel went missing. He perished with the vessel. One of this preponderance of evidence was the distress call from the vessel, describing their situation in the middle of the ocean. Victory Shipping Lines vs Workmens Compensation Commission A crew member was in deep slumber until he was awaken when the vessel caught fire of an unknown origin. Instinctively, the crew member jumped off the vessel and that was the last time he was heard of. The Supreme Court said, when the issue on the application of presumption of death arose, that under the facts and circumstances of the case, you dont apply the rule on presumption of death because there is preponderance of evidence that the crew member died when he jumped off the vessel. PRESUMPTION OF SURVIVORSHIP For purposes OTHER THAN SUCCESSION Rule 131 Sec. 3 par. jj of the Rules of Court This presumption states that when two persons die or perish at the same calamity and there are no circumstances that can be inferred as to who of them died first, the rule on presumption of survivorship under the following circumstances: 1. If both are under the age of 15, the older one is presumed to have survived. 2. If both are more than the age of 60, the younger one is presumed to have survived. 3. If one is below 15 and the other one is more than 60, the younger one is presumed to have survived.

4. If both are between the ages of 15 and 60, and their genders are different, the male specie is presumed to have survived. 5. If both are between the ages of 15 and 60, and if both are of the same sex, the older one is presumed to have survived.

FAMILY CODE
*Effectivity date August 3, 1988 Art. 1 Marriage as a special union between a male and a female in accordance with law for purposes of conjugal and family life.

Marriage 1. Status - marriage establishes ones place in the society. The condition of being marriage is a status that puts one a place in the society in relation to the society. Being a status, it endows a married individual with certain rights and obligations like property rights, marital obligations, right to be supported, obligation to support, that comes with the characteristic of marriage as a status. 2. Contract - marriage is a special contract imbued with public interest. The State has a distinct and special stake in it. In fact, the direct interest of the State in every marital relation is manifested by the requirement of marriage license which is a formal requisite to a valid marriage. It is not subject to the whims and caprices of the parties involved. It is a permanent union but it does not mean that it is a relation in perpetuity because marriage can be terminated on the basis of grounds specified by law. It cannot be terminated by the whims and caprices of the parties, only by law.

REQUISITES OF MARRIAGE Art 2. Essential Requisites: 1. Legal capacity of the contracting parties does not only refer to the parties age (at least 18 years old) and their sex (male and female). Another requirement of legal capacity: the absence of any legal impediments.

What are these legal impediments? Art. 37 incestuous marriages- VOID Art. 38 VOID marriages by reason of public policy The state of being previously married - marriage is still subsisting at the time of the second marriage. Failure to comply with the requirement under Art. 53 in relation to Art. 52- Requirement of recording

the judicial decree of nullity and annulment of marriage, the partition, liquidation and distribution of the conjugal and community properties, and the delivery of the presumptive legitime. Failure to comply with these requirements will render the second marriage VOID. Same-sex marriage is not allowed in the Philippines for being against public policy.

Mistake of identity of other party, marriage in a movie or play Vitiated/ Defective consent contemplates of a situation where consent is given but not freely given, obtained through fraud, intimidation or violence. This does NOT amount to lack of consent; therefore, marriage is only VOIDABLE. Art 3. Formal Requisites: 1. The authority of the solemnizing officer.

When do you determine the gender of an individual? At the time of birth? Or at the time of marriage? Silverio vs RP An individual was born male but through science, he underwent the so-called sex reassignment surgery, and became a woman. An issue arose as to whether that fellow is really a man or a woman. The Supreme Court said that the determination of a persons gender at the time of birth by examining his genital is immutable. Our law does not recognize as sex transplant as a mode of changing ones gender. Therefore, he is regarded to be male all throughout regardless of any physical changes that may arise thereafter. RP vs Kagandahan Facts The person involved in this case has this socalled intersex characteristic or has both male and female genitals. As he grew up, Kagandahan realized that he is more of a man than a woman. He chose to be man. Issue Whether Kagandahan is a MALE or a FEMALE. SC Ruling As regards to persons having both genitals, the determining factor is the PERSONAL CHOICE of the person involved and that is usually determined when the person reached the age of majority and makes a decision as to which gender he is inclined to be. The choice of the person involved was respected by the Supreme Court. 2. Consent is freely given in the presence of the solemnizing officer. Absence of consent vs vitiated consent Absence of consent contemplates of a situation where there is no consent at all to the marriage, therefore, marriage is VOID ab initio. Example

GENERAL RULE The absence of the authority of the solemnizing officer renders the marriage VOID. EXCEPTION Either or both the contracting parties honestly believe that the solemnizing officer has the authority to solemnize. Therefore, marriage is VALID. Art 7. Who are authorized to solemnize marriage? a. Judges who are incumbent members of the judiciary but their authority to solemnize marriage is limited within their territorial jurisdiction. Members of the Supreme Court, Court of Appeals and other similar Appellate Courts, their jurisdiction is within the entire country. A marriage solemnized by the judge beyond his jurisdiction constitutes only an irregularity in the formal requisite of marriage. Therefore, the marriage is still valid but the solemnizing judge may be held administratively, civilly or criminally liable for solemnizing marriage beyond his territorial jurisdiction. b. Priest, imam, rabbi, minister of any religious church or sect provided that at least, one of the contracting parties belongs to that religious church or sect and that solemnizing officer must solemnize marriage in accordance with the written authority granted by their religious church or sect. Any deviation from this condition is considered an irregularity so long as that priest, rabbi, imam or minister is really authorized by their respective church or sect. c. Ship captain or airplane chief only in marriages in articulo mortis

Marriage in articulo mortis refers to a situation either or both of the contracting parties are at the point of death. The ship captain or airplane chief can solemnize marriages in articulo mortis between crew members or passengers while a vessel is at sea or the plane is in flight including stopovers. The law specifically mentions the ship captain or the airplane chief, these officers mentioned in the law are exclusive. An assistant pilot cannot solemnize a marriage in articulo mortis. The problem is if one of the contracting parties is the chief pilot himself, there can be no marriage in articulo mortis unless there are other solemnizing officers on board. The authority to solemnize marriages in articulo mortis is not only restricted to ship captain, airplane chief or military unit commander. Any solemnizing officer authorized the law like the judge or the priest may also solemnize marriages in articulo mortis. Their authority to solemnize is all-encompassing. But with respect to ship captain or airplane chief, they may only do so in marriage in articulo mortis occurring in their vessel or airplane during flight or stopovers. Their authority to solemnize is limited. d. Military unit commander only in marriages in articulo mortis The officer must be commissioned. The authority to solemnize marriage in articulo mortis applies only if in that unit a chaplain is assigned but the chaplain is not available. That authority may only be exercised within the zone of military operation and the marriage is between members of the armed forces or civilians within that zone of military operation. e. Mayors and Vice Mayors acting as Mayors under the Local Government Code Mayors and vice mayors acting as mayors are now authorized to solemnize marriages under the Local Government Code within their respective local government unit. Art 10 f. Consuls, consul-general and vice consul There are consuls authorized to solemnize marriage only between Filipinos who contract marriage abroad in the place where that consulate official holds office. The

authority of the consuls to solemnize marriage is also restricted. 2. A valid marriage license. Art 12 What is the rule in obtaining a valid marriage license? The issuance of a valid marriage license starts with the application on the part of the contracting parties. The applicant is also required to submit some basic documents in support for the application of the issuance of the marriage license. Foremost of which are the: a. Original copy of the birth certificate b. In the absence of the original copy of the birth certificate, a baptismal certificate, or c. In the absence of both, a certified true copy by the custodian of those record may suffice. In default of the birth or baptismal certificate, an affidavit preferably executed by the parties nearest of kin to the effect that the parties are qualified or possess the legal capacity to enter into marriage are alleged in that affidavit. This may also serve in lieu of the birth or baptismal certificate. Art 14 If either or both of the contracting parties are between the ages of 1820, they are also required to submit a written parental consent. The absence or failure to comply with the parental consent would render the marriage VOIDABLE. Art 15 If either or both of the contracting parties are between the ages of 2125, they are also required to submit a written parental advice. The absence or failure to comply with the parental advice or the advice is unfavourable; the only effect is that the issuance of the marriage license shall be suspended for a period of 3 months after its complete publication of the application (10 days). But it will not be a ground for the withholding of the issuance of the marriage license, only it will delay the issuance of a marriage license.

The parties are also required to submit a certificate of marriage counselling. But failure to comply with this requirement will not prevent the issuance of the marriage license; it will only delay the issuance of the marriage license for a period of 3 months. Art 13 When either or both of the applicants have been previously married, they are also required to submit a copy of their annulment or nullity or divorce decree of the previous marriage. Art 21 If any or both parties are aliens, it is also necessary to submit a certificate of legal capacity executed by their respective diplomatic or consular stationed in the Philippines. If any or both parties are stateless individuals, they are required to execute an affidavit setting forth the facts and circumstances showing their capacity to enter into marriage. However, Art. 21 does not state under which law the stateless individual should comply. Nationality theory cannot be applied because stateless individuals do not belong to a country. ATTY.S TAKE: Apply the DOMICILIARY THEORY, meaning, insofar as his capacity is concerned, he is governed of the law of the place where he is domiciled. Domicile means residence or the place where he is residing although not a citizen, whether permanent or temporary. Therefore, it refers to the Philippines. His affidavit should show the facts and circumstances that would establish the capacity of that stateless individual on the basis of Philippine laws. Art 9 The completed application form together with the documents should be filed with the Office of the Local Civil Registrar where one of the parties is a resident. *But the issuance of a marriage license in a place where none of the contracting parties is a resident does NOT INVALIDATE THE MARRIAGE. There will only be an irregularity in the issuance of a marriage license.

Art 17 The application shall be published by the Local Civil Registrar in the bulletin board provided at the office. The purpose of the publication is to request all the persons to report to the Office of the Local Civil Registrar with any information on any legal impediments of either or both of the contracting parties. The duty of the Local Civil Registrar is ministerial, meaning, so long as the requirements are complied with, the Local Civil Registrar is mandated by law to issue the marriage license applied for. Art 18 What happens if the Local Civil Registrar came to know of any legal impediments? The Local Civil Registrar shall only take down all the information in the application for marriage license, but nonetheless, issue the marriage license UNLESS ordered by the court to withhold the issuance of the marriage license. The order of the court preventing the issuance of the marriage license can be made possible at the instance of the Local Civil Registrar himself or by any interested party. There has to be a case by the court of injunction, enjoining the Local Civil Registrar from issuing a marriage license because of the presence of legal impediments of either or both of the contracting parties. There are instances where marriage license may be dispensed with: Art 27 Marriage in articulo mortis where one or both of the contracting parties is/ are dying. But in lieu of the marriage license, at least one of the witnesses to the marriage shall state the names of the parties in the marriage contract and the solemnizing officer shall execute or certify that he ascertained the legal capacity of the parties and found no legal impediments that would prevent him solemnizing the marriage. Art 28 In instances where either or both of the contracting parties is/are residing

in a place where there are no means of transportation to enable that party to go to the Office of the Local Civil Registrar. Art 33 Marriages between Muslims or other ethnic communities provided that they are valid in accordance with their own laws. Art 34 Ratification of marital cohabitation. This contemplates of a situation where the contracting parties have lived or cohabited with each other for a period of at least 5 years. The reason why they may not secure a marriage license: to encourage these parties to legitimize their marriage and spare them from the shame and embarrassment concomitant to the publication of the application for marriage. Nial vs Badayog and RP vs Dayot The case are one in saying that Art. 34 marital cohabitation that contemplates of cohabitation where the cohabitation for a period of 5 years must be free from legal impediments during the entire period, continuous period of at least 5 years. Their cohabitation must be a valid union where it not for the absence of marriage. VS In Manzano vs Sanchez The Supreme Court laid down the requisites for Art. 34: 1. The parties must have been cohabiting with each other for a period of 5 years. 2. The fact of the absence of any legal impediment must be present AT THE TIME OF MARRIAGE, regardless of the presence of legal impediments before marriage. The 5-year period should counted from the date of marriage and backwards.

Nial vs Badayog and RP vs Dayot should be distinguished from Manzano vs Sanchez because the former involve marriages which were solemnized before the effectivity of the Family Code. Before the effectivity of the Family Code, Art. 76 of the Civil Code governed the ratification of marital cohabitation which is, in language, essentially different with Art. 34 of the Family Code. The specific requirement of Art. 76 of the Civil Code is that the period of cohabitation of the parties must be characterized by exclusivity where no third parties are involved and the parties cohabiting must be at legal age and unmarried. The requirement of age of majority and the status of being unmarried were not literally incorporated in Art. 34 of the Family Code because the wordings of Art. 34 instead of using the age requirement of 18 and the state of being unmarried, it uses the phrase the absence of any legal impediments which is more general. Other writers are of the opinion that the ruling in Nial vs Badayog and RP vs Dayot applies distinction as to the date of marriage. The reason being is that to rule otherwise would encourage immorality. If what is important is the absence of legal impediment at the time marriage, then we are in effect promoting immoral relationships. They also said that the ruling in Manzano vs Sanchez is merely an obiter dictum because the issue of whether the absence or presence of legal impediments within that 5-year period was never an issue in that case of Manzano. Manzano vs Sanchez involves an administrative complaint against a judge who solemnized a marriage between persons who are both previously married to another. Sta. Maria favors the ruling in Manzano because when applying for a marriage license, the legal capacity of the contracting parties is to be determined at the time of the marriage even if before the marriage, the contracting parties have no legal capacity. ATTY.S TAKE: Cite all cases.

3. Marriage Ceremony Art 6 The marriage ceremony takes place in the presence of a solemnizing officer where the contracting parties personally declare that they take each other as husband and wife in the presence of at least 2 witnesses who are of legal age.

The most essential elements: a. Personal declaration not necessarily oral declaration, but signing of the marriage certificate. b. Presence of the solemnizing officer when the personal declaration is made. The absence of a solemnizing officer during the marriage renders the marriage VOID. Morigo vs Pp There was an ostensible marriage. There was a marriage ceremony but the parties merely signed the marriage contract without the presence of the solemnizing officer. The Supreme Court ruled that there was absence of a formal requisite of a marriage, and therefore, marriage is VOID. c. Presence of at least 2 witnesses Any deviation from this provision will NOT INVALIDATE the marriage so long as the marriage ceremony took place, but will subject the person responsible administratively, civilly and criminally liable. The holding of marriage ceremony is governed by the rule on venue. It cannot be held anywhere. GENERAL RULE: Art 8 Marriage should be held PUBLICLY in the judges chamber or an open court, church, chapel, temple. EXCEPTIONS: Marriage in articulo mortis- can be held anywhere When the parties request in writing that the marriage ceremony shall be held somewhere else together with a sworn statement indicating the place desired. Failure to comply with the rule on venue insofar as marriage ceremony is concerned is only an IRREGULARITY. It will NOT render the marriage VOID or VOIDABLE. But the person responsible may be subjected to administrative, civil or criminal liability. Art. 26 Par. 1 provides for the Phil. Conflict of Laws Rule on Marriage; it is considered such because it involves foreign element as it involves marriage celebrated OUTSTIDE the Philippines between parties who are both foreigners, parties who are both Filipinos or one Filipino and the other is a foreigner.

Contemplates 3 distinct situations: a. the marriage is celebrated ABROAD between FILIPINOS. GENERAL RULE: Lex Loci Celebrationis all marriages celebrated abroad and VALID there as such are also VALID in the Philippines. EXCEPTIONS: Marriage is considered VOID. Art. 35 (1) Below 18 years old. *applies only to marriages between Filipinos Art. 35 (4) Polygamous or bigamous marriages not falling under Art. 41 Art. 35 (5) One of the contracting parties is mistaken as to the identity of the other Art. 35 (6) Failure to comply with requirements under Art. 52 in relation to Art. 53 Art. 36 Psychological incapacity Art. 37 Incestuous marriages /void marriages by reason of relationship Art. 38 Marriages by reason of public policy b. The marriage is celebrated between FOREIGNERS. ABROAD

GENERAL RULE: Lex Loci Celebrationis all marriages celebrated abroad and VALID there as such are also VALID in the Philippines. EXCEPTIONS: Marriage is considered VOID. Art. 35 (4) Polygamous or bigamous marriages *highly immoral Art. 37 Universally incestuous marriages c. The marriage is celebrated ABROAD between A FILIPINO AND A FOREIGNER (MIXED MARRIAGE). GENERAL RULE: Lex Loci Celebrationis all marriages celebrated abroad and VALID there as such are also VALID in the Philippines. **But the Filipino is subject to the exceptions mentioned in scenario a.

Such hybrid marriage is considered VALID for the following Reasons: a. Our policy on marriage is to uphold the validity of marriage. b. Partly void and partly valid= valid marriage c. Afford justice to those children born out of that hybrid marriage. What about marriage between foreigners celebrated in the Philippines? Are they governed by Art. 26? NO, Art. 26 expressly contemplates of a marriage celebrated ABROAD. The applicable rule is our internal rule on marriage ---FAMILY CODE. In accordance to Article 21 of the Family Code in relation to Art. 15 of the Civil Code, insofar as the status and capacity of the foreigners to contract marriage, apply the aliens PERSONAL LAW. The said alien is required to submit a certificate of legal capacity issued by his/ her diplomatic consular official instead of submitting a birth/ baptismal certificate. Art 26 Par. 2 Contemplates of a marriage between a foreigner and a Filipino but subsequently the foreigner obtained a divorce decree abroad. Such divorce decree such capacitates the Filipino spouse to REMARRY. Rules: a. such divorce decree is obtained by the foreign spouse--- NOT the Filipino spouse. b. MIXED MarriageFilipino and foreigner. Determination of citizenship = at the time the divorce decree is obtained. Even if at the time of marriage, both of them are Filipinos, but subsequently one of them became a foreign national and while being a foreign national obtained a divorce decree abroad, Art. 26 par. 2 applies. RP vs Obrecido Involves 2 Filipinos but subsequently the wife went to the US and obtained American citizenship and while already being an American citizen, obtained a divorce decree in the US. Supreme Court ruled that Art. 26 par.2 applies. Take Note: The effect of a divorce decree obtained by the foreign spouse abroad insofar as the Filipino spouse is concerned to REMARRY is NOT AUTOMATIC. The Filipino spouse CANNOT

AUTOMATICALLY ENTER INTO A SUBSEQUENT MARRIAGE. Recio vs Recio SC categorically ruled that the effect of a divorce decree obtained abroad by the foreign spouse shall not automatically capacitate the Filipino spouse to REMARRY because it is still required that: 1. The existence of a valid divorce decree must be proved as a fact 2. It must be proved that the divorce decree is valid in accordance with the national law of the foreign spouse who obtained the divorce, and 3. It must be proved that the divorce decree capacitates the foreign spouse to remarry in accordance with his own law. These facts should first be established before the Filipino spouse can remarry. What is the procedure in proving these facts before the Filipino spouse can remarry? RP vs Obrecido SC ruled that the remedy for the Filipino spouse who wishes to remarry after the foreign spouse obtained the divorce decree abroad is to FILE AN ACTION FORE DECLARATORY RELIEF WITH THE REGIONAL TRIAL COURT to declare his/her capacity to remarry and in that said declaratory relief, the Filipino should prove as a fact the ff: 1. The existence of a divorce decree obtained abroad, 2. The law of the place where the divorce decree was obtained, and 3. Such law capacitates the foreign spouse to remarry. How do you prove the existence of a valid divorce decree obtained abroad? Dayot vs CA SC ruled that the existence of a valid divorce decree can be sufficiently proved by presenting a copy of the divorce decree authenticated by the issuing court. *The requirement of filing a declaratory relief applies only if the Filipino spouse wishes to remarry. This does not apply if it is the foreign spouse who obtained the divorce decree abroad wishes to remarry in the Philippines. The only requirement is to submit to the Local Civil Registrar a copy of the divorce decree. It is more burdensome for the Filipino spouse to remarry than the foreign spouse to remarry. This is so because our policy is against divorce, therefore, our requirement is more stringent.

Art. 35 VOID Marriages because of the absence of the ESSENTIAL or FORMAL REQUISITES OF MARRIAGE. 1. Below 18 years old even if it bears the consent of the parents. *lack of legal capacity 2. The solemnizing officer is not authorized to solemnize marriage. *absence of a FORMAL requisite EXCEPTION: If either or both contracting parties believe in good faith that the solemnizing officer is authorized to solemnize the marriage. 3. No marriage license *absence of a FORMAL requisite 4. Bigamous or polygamous marriage not falling under Art. 41 *a case where one of the parties contracted a subsequent marriage while the previous one is still valid and subsisting and not yet dissolved; neither was the previous spouse declared presumptive death. 5. Absence of legal capacity; existence of legal impediments 6. mistake as to the identity of the other spouse 7. absence of consent 8. Non-compliance of Art. 53 *absence of legal capacity Art. 36 VOID Marriages due to Psychological Incapacity Psychologically incapacitated to perform marital obligations. Characteristics of psychological incapacity: a. Juridical antecendencepsychological incapacity should exist at the time of the marriage although it manifests after the celebration of the marriage. *Get an expert to prove psychological incapacity. *not mandatory b. Gravity- illness must be serious as to make the contracting parties unable to comply with the marital obligations. c. Incurable- beyond the means of the parties concerned; relative incurability--- applies only as between contracting parties. It does not matter if the psychological incapacity does not exist insofar as other partners are concerned. Teh vs The SC has adopted a liberal attitude towards the nullity of marriage by reason of Art. 36. SC ruled that a manipulative wife is suffering from a personality disorder amounting to psychological incapacity. The husband who is a mamas boy is considered psychologically incapacitated. Before, a mere fact

that he is a mamas boy is not itself a ground for nullity of marriage. Art. 37 INCESTUOUS Marriages as VOID Marriages Art. 38 Marriages by reason of public policy *The relationship established as a result of adoption is only between the adopter and the adopted. By reason of the adoption, the adopted child becomes a legitimate child of the adopter possessing all the rights and privileges enjoyed by the legitimate child. Beyond that, no marital relation is created. The child of the adopted child cannot be considered as a grandchild of the adopter. The marriage of the supposed grandchild and the adopter is NOT VOID. *Relationship by affinity is the relationship by the parents-in-law and the children-in-law exists only at the lifetime of the spouse, the child of the parentsin-law. When the spouse dies, the marriage between the parent-in-law and the child-in-law is VALID except when there are issues involved like when the spouse and the child-in-law have children. Art. 39 The action or defense for nullity of marriage is IMPRESCRIPTIBLE GENERAL RULE: Whether the marriage was celebrated before, during or after the effectivity of the Family Code, the action or defense for nullity of marriage is imprescriptible. The void status of the marriage can be attacked or assailed even after the death of the contracting parties. Unlike actions for annulment of marriage under Art. 45, the so-called voidable marriage where the action prescribes depending on the ground relied upon for the annulment of that marriage. Salient Features on the rule on actions for declaration of nullity of marriage: An action for declaration of nullity of marriage shall be filed before the Family Court, a court created by law designated to handle cases involving marital relations/ disputes. It shall be filed in the RTC designated as Family Court where the petitioner/ respondent resides at the election of the petitioner. The petitioner shall have the option to choose the venue of the action. If the petitioner is a non-resident, the venue is governed by the rule on 6-month period prior to the filing of the action. The requirement of residency as the basis for the venue should opine with the at least 6month period prior to the filing. It should be filed in the appropriate RTC designated as a

Family Court where the petitioner resides for at least 6 months prior to the filing of the petition. Best evidence of residency: certification from the barangay captain If the residency requirement has not been complied with, the action for nullity may be dismissed for improper venue. As soon as the petition is filed in the court, the Clerk of Court will issue summons and cite upon the respondent. The respondent is given 15 days from the receipt of the summons to file his/her answer to the petition. If the respondent is not a permanent resident of the Philippines, the summons, instead of personally serving it upon the respondent will have to be published in the newspaper twice a week for 2 consecutive weeks. After the completion of the publication requirement, the nonresident respondent shall have 30 days from the completion of the publication to file submit or file his answer to the complaint. If after the lapse of the 15- or 30-day period within which the respondent is required to file his answer, the respondent failed to file his answer or filed an answer but his answer does not tender an issue (the answer admits the allegation in the petition and, therefore, there is no more factual issues to be resolved in the court), it is mandatory on the part of the law to order the prosecuting attorney to conduct an investigation to determine if there is collusion between the parties. Non-compliance with such requirement renders the decision VOID. When the prosecuting attorney files that no collusion exists between the parties, the Court shall order the OSG or the public prosecutor to participate in the proceedings of the case to prevent fabrication or suppression of evidence. The absence of the prosecutor in the course of the proceedings shall render the judgment rendered by the Court VOID, EXCEPT where the other party contests with the petition and the adverse party actively participates in the proceedings by cross examining the witnesses of the petitioner or the other party. Tuazon vs Tuazon SC that the purpose of the rule has been substantially complied with because the proceeding was characterized by no-holdsbarred proceedings. The case was seriously contested by the contending parties. The danger that the parties would fabricate or suppress evidence was not present.

When the respondent fails to appear or to file an answer to the case, the Court may not declare the party in default. Ordinarily, in ordinary actions, if the defending party fails to file his/ her answer to the complaint, the Court by the motion of the other party may declare the defending party in default, in which case that defending party has no more personality to participate in the proceedings. So, the proceedings will be conducted on a one-man show without the participation of the other party. This rule on declaration of default does not apply to cases involving actions for declaration of nullity of marriage as well as annulment and legal separation. If the defendant does not answer, it is incumbent upon the Court to order the prosecution to find out if collusion exists and even if no collusion exists, it is incumbent upon the Court to order the public prosecutor or the OSG to participate in the proceedings to prevent fabrication or suppression of evidence. When the defendant fails to file an answer or filed an answer but admits the allegations in the petition, the Court may not declare the pleadings of the summary judgment. Under ordinary cases, where the answer does not tender an issue because the defendant admits the allegations, then the Court no longer needs to conduct trial because all matters alleged in the petition are admitted. The Court will now just render judgment on the basis of the pleadings, no more trial. This rule does not apply for actions of nullity of marriage because even if the defendant does not file his answer or filed his answer but admits the allegations in the petition, the Court will proceed with the trial and will require the petitioner to prove the grounds relied upon in the petition. It is possible that the petition may still be dismissed by the Court because the petitioner failed to prove the allegations. It is not automatic. There is a need for trial to give the petitioner an opportunity to prove by clear and convincing evidence the grounds for the action for nullity.

Who may file an action for nullity of marriage? Actions for declaration of nullity of marriage may be filed only by the spouses. This rule does not apply to the following cases: 1. Any interested party may file- one who stands to benefit or injured in the result of the case. 2. Marriages solemnized before the effectivity of the Family Code, that is August 3, 1988.

3. Marriages solemnized during the effectivity of the Family Code but the action for the declaration of nullity of marriage was instituted before March 15, 2003 where that rule on declaration of nullity of marriage was made effective. Juan de Dios Carlos vs Sandoval Upon the death of the husband, the brother of the deceased husband filed an action against the wife and the child to recover the alleged property which the brother claimed were just in trust of the husband. His brother cohabited, got married and begot children. Some of the properties were alleged to have been inherited by the husband from his parents. The brother claimed ownership of some of the properties which were registered in the name of the husband and with the latters death, inherited by the surviving spouse and the child. In support of his claim of the disputed properties, the brother argued or assailed the validity of the marriage between the deceased husband and the surviving wife, contending that the marriage was void. He likewise argued that the child is not the legitimate child of the deceased husband. If the brother can prove that the wife is not legally married to the deceased husband and the child is not really the legitimate child of the deceased husband, that would affect the brothers claim over the ownership of the property as one of the heirs of the deceased husband because the brother also claimed to be an heir of the deceased husband. ISSUES: WON the brother has the legal personality to assail the validity of the marriage of the deceased husband and the surviving spouse. WON the brother has the right to assail the status of the child contending that the child is not the legitimate child of the deceased husband. HELD: SC ruled that under the new rules on the declaration of nullity of the void marriage, the rule is explicit that only the spouses may file an action for the nullity of marriage. However, the SC did not apply this new rule because the marriage between the deceased husband and the surviving spouse took place or was solemnized before the effectivity of the Family Code. The rule applicable is the rule under the Civil Code which states that any interested party can file. If the brother can prove that the marriage between the deceased husband and the surviving wife is void and the child is not the legitimate child of the deceased husband, then it appears that the brother is an interested party because he, in his own capacity, is an heir of the deceased husband being his brother. The SC remanded the case to the trial court to ascertain whether there was a valid marriage and whether the child is a legitimate child of the deceased husband.

Under the new rule, although other heirs like the children or the parents have no legal personality to file an action for nullity of a void marriage, it does not mean that the other heirs is without remedy because while they cannot file an action for nullity of marriage, they have the right to question the status of the marriage in another proceeding/ collateral attack (e.g. during the settlement of the estate of the deceased spouse). De Castro vs de Castro After the marriage, the husband abandoned the wife who was left with the burden of supporting and rearing the child. Until such time the wife filed an action for support against the husband. In his defense, the husband argued that he cannot be compelled to support because the marriage between him and the petitioner is void for lack of the required marriage license. They just executed a falsified affidavit of cohabitation; they did not cohabit for the required minimum period of 5 years for cohabitation. Therefore, absence of marriage license which tantamount to a void marriage. The SC upheld the argument of the husband. The husband is allowed to assail the validity of marriage collaterally, meaning, not in an action for declaration of nullity of marriage, but in a proceeding involving an action for support. He was allowed to interpose as a defense the nullity of his marriage with the petitioner. Other proceedings where the nullity of the void marriage may be assailed other than an action intended for the purpose are the ff: COLLATERAL ATTACK 1) Action for heirship 2) Action for claim of death benefits 3) Settlement of estate Juan de Dios Carlos vs Sandoval This is different from the rule on VOIDABLE MARRIAGE because the status of a voidable marriage CANNOT BE COLLATERALLY ATTACKED. If you want to annul a voidable marriage, the only way is to file an action to annul that marriage directly for that purpose unlike in void marriage. Art. 40 The absolute nullity of a void marriage may be involved for the purposes of REMARRIAGE on the basis solely of the judgment rendered by the court. When a spouse wishes to contract a second marriage, there is a need for that spouse to obtain a judicial decree declaring the previous marriage void. In the absence of that judicial decree declaring the previous marriage void, the subsequent marriage is VOID. Before the effectivity of the Family Code, the ruling of the SC on the need for a judicial declaration of a void marriage insofar as the first marriage is

concerned, has been changing over the years. The matter of whether there is a need for a judicial declaration of nullity of the previous marriage depends on the time of the solemnization of the marriage. The time of the solemnization of the marriage should correspond to the effectivity of these rulings and apply such ruling. With the advent of the Family Code which took effect on August 3, 1988, there is no more doubt and it is now settled that for purposes of remarriage, there is a need for a judicial declaration of nullity of marriage before that spouse can remarry. In the absence of such, the subsequent marriage is VOID. Apiag vs Cantero SC seems to suggest that the rule on the requirement of the judicial declaration of nullity depends on whether the marriage was solemnized before the effectivity of the Family Code or during the effectivity of the Family Code. If the marriage was solemnized before the effectivity of the Family Code, there is no need for judicial declaration, otherwise, if the marriage was celebrated during the effectivity of the Family Code, the ruling in Weigel vs Sempio Diy and the Family Code, there is a need for judicial declaration to make the subsequent marriage VALID. The discussion of Sta. Maria detailing the rulings of the Supreme Court violated Art. 8 of the Constitution stating that only the SC en banc may modify, repeal or supersede rulings. One of the most controversial issues involving Art. 40 is the issue on bigamy. Will there be BIGAMY if the person who contracts a subsequent marriage without the first void marriage being declared void by competent court? Art. 349 Revised Penal Code defines and penalizes the crime of bigamy. Requisites of bigamy: a) Subsisting valid first marriage b) Subsequent valid marriage Bigamy contemplates of 2 possible scenarios: a. First marriage is VOID. For purposes of bigamy and in relation to Art. 40, Sta. Maria opined that there is a distinction between the marriage contemplated under Art. 40 from the marriage contemplated under Art. 41. Although these 2 provisions both involve a subsequent marriage. They differ in the sense that the status of their first marriage is DIFFERENT. In Art. 40, the marriage contemplated there is a VOID PREVIOUS MARRIAGE. But even if

that marriage is void, that party to that void marriage contracts a subsequent marriage without first obtaining a judicial declaration that the first marriage is VOID. Effect? The subsequent marriage is VOID because it fails to comply with Art. 40. *Sta. Marias reasoning: Art. 41 provides that a contracting party to a subsequent marriage during the subsistence of the first marriage, the subsequent marriage shall be VOID. What distinguishes Art. 41 from Art. 40? In Art. 41, the previous marriage is VALID; the subsequent marriage is VOID because it is bigamous. In Art. 40, the previous marriage is VOID; the subsequent marriage is VOID because of the absence of the judicial declaration of the nullity of the previous marriage, NOT because of bigamy. SCs reasoning: Cario vs Cario Two spouses employed themselves in litigation over death benefits arising from the death of a common husband. The second wife received death benefits from a certain govt. Agency arising from the death of the husband. The first wife who claimed to be the lawful wife filed an action to recover the benefits that the 2nd wife received, claiming that the latter is not the legitimate wife. ISSUE: Status of the 2nd marriage. WON the 2nd wife is entitled to the death benefits considering that the 1st marriage is VOID. HELD: The deceased husband contracted a 2nd marriage without first obtaining a judicial declaration of nullity of the first marriage. Although the first marriage was alleged to be void by reason of psychological incapacity, it is presumed to be VALID in the absence of a judicial declaration of the nullity of the previous marriage. This case proves Sta. Maria wrong.

Mercado vs Tan When the 2nd wife discovered about the previous marriage, she filed for bigamy. Thereafter, the husband filed an action to nullify the 1st marriage on the ground of psychological incapacity of the wife which petition was granted by the court. He was

nonetheless convicted of bigamy. Hence, he appealed. ISSUE: WON Mercado is guilty of bigamy despite the fact that his 1st marriage was void as declared by the court. HELD: The effect of the declaration of nullity of the 1 st marriage on the ground of psychological incapacity has no bearing at all to the issue of bigamy because that declaration of nullity of the first marriage was issued after the bigamy was consummated. When he filed an action for nullity and when the court granted the action, bigamy was already consummated. It is not for the parties to determine that their marriage is void; there is a need for a court declaration that the marriage is void. In the absence of a court declaration of the nullity of the first marriage, the accused may be convicted of the crime of bigamy. Abunado vs Pp The accused (for the crime of bigamy) married twice. The first wife, after the marriage, left for Japan. After sometime the wife returned to the Philippines only to discover he has left the conjugal dwelling and cohabited with another woman. The wife discovered that husband contracted into a 2 nd marriage and so, she filed a case of bigamy against the husband. But before the bigamy case was filed, the husband filed an action to declare the first marriage a nullity which was granted by the court. In this effect, Abunado interposed prejudicial question. ISSUE: (1) WON prejudicial question was a proper defense. (2) WON the accused is guilty of bigamy. HELD: (1) There is no prejudicial question because the nullity of the 1st marriage has no bearing at all insofar as the determination to declare the innocence of the accused because there was no declaration of nullity of the previous marriage when the accused contracted a subsequent marriage. A marriage even if VOID or VOIDABLE is deemed to be VALID in the absence of judicial declaration declaring the previous marriage void. **Cite all cases. Lucio Morigo vs Pp After the marriage, the wife went abroad and while abroad the wife obtained a divorce but when the wife returned, she discovered that the husband, believing that he is now capacitated to remarry because of the divorce decree abroad, contracted a subsequent marriage. The first wife filed an action for bigamy against the husband.

ISSUE: WON the husband is guilty of bigamy despite the allegation that the first marriage was void. There was no marriage ceremony that ever took place. The parties were only made to sign a marriage contract and nothing more. HELD: SC belaboured to distinguish the Morigo case from the Mercado case. SC said that for bigamy to be committed there has to be a VALID previous marriage between the parties. The SC noted that there was no marriage that took place. The mere signing of the marriage contract does not amount to marriage, even OSTENSIBLE MARRIAGE. SC acquitted the accused. *In the Mercado case, even if the 1st marriage was void for reason of psychological incapacity, there was at least an OSTENSIBLE MARRIAGE because all the essential and formal requisites of the first marriage were present. In the Morigo case, there was no marriage to speak of. Therefore, no bigamy was committed. What happens if the previous marriage is VOID by reason of absence of essential or formal requisites? In the Mercado case, the reason why the previous marriage was void is because of psychological incapacity. Psychological incapacity DOES NOT REFER TO THE ABSENCE OF THE ESEENTIAL OR FORMAL REQUISITES. It is a ground for nullity OTHER THAN the absence of essential or formal requisites. In the case of Morigo, if the marriage does not comply with the essential or formal requisites, there can be no marriage to speak of. **Cite all cases. The Abunado case is all-encompassing. It does not take into consideration the reason for the voidness of the first marriage. i. Subsequent marriage is VOID. First marriage is VALID; Subsequent marriage is VOID. Will there be bigamy? At first glance, NO bigamy. The subsequent marriage would have been a perfectly valid marriage were it not for the subsisting valid marriage. Ergo, if the subsequent marriage does not comply with all the essential or formal requisites of a valid marriage, there can be no bigamy because there is no valid subsequent marriage to speak of.

Tenebro vs CA Tenebro married thrice. When the 2nd wife discovered the 3rd marriage, the former filed a criminal case of bigamy against the husband. During the pendency of the case of bigamy, Tenebro filed an action to nullify the subsequent marriage on the ground of psychological incapacity which was eventually granted by the court. He was convicted by the trial court. Hence, the appeal. His defense was that he could not be guilty of bigamy because the subsequent marriage is void and under Art. 349 RPC, there can be no bigamy if the subsequent marriage is void. He was rebuffed by the SC. SC upheld his conviction. The eventual declaration of nullity of the subsequent marriage on the ground of psychological incapacity has no bearing at all insofar as the issue on the accuseds liability of bigamy because that declaration of nullity of the subsequent marriage came out after the crime was consummated. What is only required by law for bigamy to be committed is that the accused contracted a subsequent marriage while the previous one is subsisting. The fact that the subsequent marriage is void on the ground of psychological incapacity does not matter. Psychological incapacity is a ground for nullity of marriage which does not refer to the formal or essential requisites of a marriage. While the declaration of the nullity of the subsequent marriage on the ground of psychological incapacity retroacts to the date of marriage, for purposes of bigamy, it is not so because even if the marriage is void by reason of psychological incapacity, the law recognizes some valid effects among which is for purposes of liability of bigamy. Tenebro argued that he cannot be convicted of bigamy because under Art. 349 of RPC, one of the requisites of bigamy is a valid subsequent marriage were it not for the fact that it is bigamous, meaning, that there is a first subsisting marriage. He said that since the marriage is void by reason of psychological incapacity, the subsequent marriage is void not only because of the existing first marriage but because of psychological incapacity. SC said that because it is bigamous, the law itself declares that it is void, regardless of whether that void subsequent marriage is rendered void on some other grounds. Dissenting Opinion of Justice Vitug in the case of Tenebro: The rule that bigamy can still be committed even if the subsequent marriage is considered void applies only if the subsequent marriage is void by reason of psychological incapacity. If the subsequent marriage is VOID for other grounds which pertain to the essential or formal requisites of marriage, there can be no bigamy. Bigamy can only be committed if the subsequent marriage has complied with the essential and formal requisites of a valid marriage. Art. 41

A marriage contracted by any person during a subsistence of a previous marriage is VOID. Unlike Art. 40, the previous marriage contemplated under Art. 41 is a VALID/ VOIDABLE marriage as emphasized by the phrase during the subsistence of the previous marriage because a void marriage is not existent. According to Sta. Maria, this is the kind of marriage contemplated under Art. 41 which will result in BIGAMY if that person contracted a subsequent marriage during the subsistence of a valid previous marriage. Jurisprudence has proved Sta. Maria wrong. In the case of Cari o vs Cario, Tan vs Mercado and Abunado vs Pp, the SC appeared to have suggested there that a marriage even if it is void presumed valid until declared as void by a competent court. For purposes of Art. 41 in relation to Art. 40, there is no more distinction between Art. 40 and 41 because Art. 41 would also apply to a void marriage but the person or party to that void previous marriage contracts a subsequent marriage without dissolving the previous marriage. For the purposes of bigamy, there is no distinction between a void marriage and a voidable marriage because in both instances there has to be a judicial declaration that the previous marriage is void. **Cite all the cases. For purposes of remarriage, unlike Art. 40, Art. 41 requires the party who seeks to contract a subsequent marriage should obtain in a summary proceeding a declaration of a presumptive death of the former spouse. Art. 41 does not require a judicial declaration for nullity of the previous marriage because there cannot be a nullity in Art. 41 because what is contemplated there is a previous valid marriage. Dissolution of marriage under Art. 41 speaks of death by a former spouse or a voidable marriage which is annulled by the court. It cannot refer to a void marriage. This requirement of obtaining in a summary proceeding a judicial declaration of presumptive death of the former spouse is for purposes of making the subsequent marriage valid and to avoid prosecution for bigamy. If the previous marriage is valid or voidable and the previous spouse is absent for the period specified, what you need to do is to secure an order from the court declaring the former absent spouse as presumptively dead, no need for a judicial declaration of nullity of the previous marriage. As soon as the decision is rendered, the petitioner can now contract into a subsequent previous marriage without the risk of making that subsequent marriage void and neither making one liable criminally for bigamy. In order to obtain the judicial declaration of presumptive death, you have to

present clear and convincing evidence to convince the court that indeed your former spouse has been absent for the period required by law and that you exerted due diligence in locating your whereabouts of your absent spouse and that despite of your diligent effort, your absent spouse cannot be located. The filing of the court declaring that the absent spouse is presumptively dead is only a prima facie finding. It is only a presumption. It does not finally and definitely establish the fact of death. The physical appearance of the absent spouse renders the declaration of presumptive death without force and effect. Therefore, it is as if the previous marriage still exists. Upon declaration of presumptive death, the previous marriage shall be dissolved as if the former spouse died. The property regime of the spouses existing during the previous marriage shall be liquidated as if the previous marriage was dissolved by the death of either or both spouses. When the absent spouse who was declared presumptively dead reappears, the mere physical reappearance renders the finding of presumptive death without force and effect and therefore the previous marriage which was dissolved already is restored. Therefore, the spouse who was presumptively dead is restored to his/her status as a legitimate spouse of the present spouse. What is the effect of the reappearance insofar as the subsequent marriage is concerned? The mere reappearance of the spouse who was presumptively dead does NOT TERMINATE THE SUBSEQUENT MARRIAGE. The only act that automatically terminates the subsequent marriage is the recording of the affidavit of reappearance of the absent spouse filed with the Local Civil Registrar where the parties to the subsequent marriage are residing. If the absent spouse does not file an affidavit of reappearance, the first marriage is restored but the subsequent marriage subsists. Therefore,, there will be 2 existing valid marriages. This will result in complicated situations because the issue on adultery or concubinage may come up. The present spouse may continue to cohabit with the subsequent spouse and at the same time cohabit with the former spouse.

The finding of the court that the absent spouse as presumptively dead cannot be overturned, superseded or reversed by the finding of other government quasi-judicial agencies particularly SSS. SSS vs Teresita Baylon When the former husband died, the second wife claimed for death benefits arising from the death of the husband. Suddenly, the absent spouse who was declared by the court presumptively dead reappears but no appropriate affidavit of reappearance was filed with the Local Civil Registrar. When the matter was decided by the Legal Dept of SSS, the Legal Officer of SSS declared that the decision of the court declaring the absent spouse as presumptively dead was rendered out of deceit. Therefore, it is not binding and the subsequent marriage is void because if these were true it was not true that the first wife disappeared. In effect, SSS overturned the finding of the court declaring the first wife as presumptively dead. ISSUE: Who among the wives of the deceased is entitled to claim the death benefits? HELD: SSS has no authority to review matters, reverse or overturn the finding of the court declaring the first wife as presumptively dead. In overturning the finding of the court, SSS acted as if it is an appellate court, which it is not. The effects are: 1. The children born during the subsistence of the subsequent marriage are LEGITIMATE. They are legitimate because before it was automatically terminated, that marriage was valid. 2. The property regime of the spouse existing during the subsistence of the subsequent marriage shall be liquidated. But if either of the contracting parties of the subsequent marriage acted in BAD FAITH, his SHARE OF THE NET PROFITS shall be forfeited in favour of: i. In his order; ii. Common children; iii. In the absence of common children, children of the guilty spouse by a previous marriage. iv. In default, innocent spouse. *Net profits represent the increase in value of the property from the time of the solemnization of the marriage up to the time of the dissolution of the subsequent marriage. However, it does not take into account the values of the property acquired after solemnization.

Art. 43 What is the effect when the subsequent marriage is automatically terminated upon recording of the affidavit of reappearance of the absent spouse?

3. All donations are VOID by operation of law. Therefore, it is automatic. One may not do a positive act to effect the revocation. 4. The insurance policy shall be VALID but if the beneficiary acted in BAD FAITH, the insurance policy may be revoked by the innocent spouse. The revocation is at the option of the innocent spouse. It is not automatic. 5. The spouse who contracted the subsequent marriage in BAD FAITH is disqualified to inherit from the innocent spouse for testamentary or intestate succession. What are the effects if both parties of the subsequent marriage acted in BAD FAITH? At the time they contracted the subsequent marriage, both of the contracting parties of the subsequent marriage knew that the absent spouse was actually not absent. 1. Status of the marriage: VOID Marriage *However if only one of the contracting parties acted in BAD FAITH, the marriage is still valid. Therefore, children born during the subsequent marriage are ILLEGITIMATE. 2. Donation by reason of marriage shall remain VALID but if the DONEE acted in BAD FAITH, the donation may be revoked by operation of law. *VALID DONATION -BOTH parties acted in GOOD FAITH -DONOR acted in BAD FAITH in contracting the marriage. *VOID DONATION revoked by operation of law -BOTH parties acted in BAD FAITH. Art. 44 -DONEE acted in BAD FAITH in contracting the marriage. - Art. 44 If BOTH parties acted in BAD FAITH, donations by reason of marriage and testamentary dispositions (one spouse executed a will in favour of the other) are revoked by operation of law. What about their right to inherit by intestate succession? In case of intestate succession where both parties acted in bad faith, NONE of them can inherit from the other because the marriage is VOID. Therefore, there is no marital relationship between the two. No basis to apply the rule on intestate succession which applies only where there is a relationship between the deceased and the heir. Only a legitimate spouse is an heir of the other spouse.

Art. 45 VOIDABLE Marriages -valid until annulled. VOID Marriage 1. VOID from the very beginning. 2. can be COLLATERALLY* attacked. *assail the VOIDness of a marriage NOT only in an action intended for that purpose, but in any other action when the issue on the validity or voidness of a marriage is raised. E.g. action for support 3. An action or defense for absolute nullity of a VOID marriage is IMPRESCRIPTIBLE. 4. Proper parties to the action for nullity: SPOUSES only. VOIDABLE Marriage 1. VALID until annulled. 2. CANNOT be COLLATERALLY attacked. DIRECT ATTACK only.

3. An action to annul a VOIDABLE marriage PRESCRIBES. 4. Proper parties to the action for annulment: SPOUSES and INTERESTED PARTIES (e.g. parents, guardian).

GROUNDS FOR ANNULLMENT: -constitute DEFECT in the ESSENTIAL REQUISITES OF A VALID MARRAIGE. 1. 18-20 yrs. Old. Lack of parental CONSENT. -CAN BE RATIFIED thru COHABITATION after 21 years old. 2. INSANITY -CAN BE RATIFIED thru COHABITATION after coming to reason 3. FRAUD -CAN BE RATIFIED thru COHABITATION after learning of the facts constituting fraud. **Art. 46 Kinds of FRAUD: a) Non-disclosure of previous conviction by final judgment involving MORAL TURPITUDE. -e.g. estafa, those involving deceit, mala in se crimes b) Concealment by WIFE, at the time of marriage, pregnancy by ANOTHER man. c) Concealment of STD. -STD is WITHOUT regard to its nature, whether it is serious or incurable, so long as it is concealed.

-Prescription: 5 years from DISCOVERY. -CAN BE RATIFIED through COHABITATION. -Art. 46 STD vs Art. 45 (6) STD Art. 45 (6) STD- is NOT concealed but MUST be serious and incurable; Prescription: 5 years from SOLEMNIZATION OF MARRIAGE; CANNOT be ratified. *NOT POSSIBLE for STD to fall under both categories. *STD is NOT CONCEALED and NOT SERIOUS AND INCURABLE- a ground for LEGAL SEPARATION. *Determining Factor: WON the STD is CONCEALED. d) VITIATED CONSENT -CAN BE RATIFIED thru COHABITATION after the cause for the vitiated consent disappears. -Consent is present but DEFECTIVE because consent was not freely given. -Consent was acquired thru force, intimidation or undue influence. e) PHYSICAL INCAPABILITY to consummate marriage. -CANNOT BE RATIFIED -applies to MAN and WOMAN. -RELATIVE; so long as there is physical incapability to consummate marriage with respect to the other spouse, there is a ground for annulment for marriage even if the husband is not physically incapable to consummate marriage with regards to his neighbour. -PRINCIPLE OF TRIENNIAL COHABITATION: a presumption that if the wife remains virgin after 3 years from the solemnization of the marriage, there is a presumption that the husband suffers from physical incapability. -MUST be permanent and incurable. f) STD, serious and incurable. -CANNOT BE RATIFIED *The grounds for annulment MUST exist AT THE TIME OF THE MARRIAGE because such grounds constitute defects to the ESSENTIAL REQUISITES of a valid marriage which is determined at the time of the celebration of the marriage. *Once ratification has taken place, no action for annulment can prosper. *Who may ratify? INJURED PARTY

1.Lack of PARENTAL CONSENT

Party/ies A. Parents, guardian or any person in charge of the party whose parental consent was not obtained. B.Noconsent party A. SANE spouse without knowledge of insanity B. Relative, guardian or person having legal charge of insane. C .INSANE spouse Injured Party

Period *right to file only BEFORE party reaches the age of 21.

* WITHIN 5 years AFTER obtaining 21.

2. INSANITY

* at any time BEFORE death of either party *at anytime BEFORE death of either party

*during LUCID INTERVAL *WITHIN 5 years AFTER DISCOVERY of fraud. *WITHIN 5 years from the time force, intimidation or undue influence disappeared. *WITHIN 5 years AFTER marriage. *WITHIN 5 years AFTER marriage.

3. FRAUD

4. VITIATED CONSENT

Injured Party

5. IMPOTENCY 6. STD

Injured Party

Injured Party

*Prescription DOES NOT APPLY when there is already an intervening ratification. Art. 50 What are the effects of the judgment annulling a voidable marriage or rendering a marriage void? The provisions in Art. 43 which provides for the rule on the effects of the declaration of nullity or termination of the subsequent marriage resulting from the recording of an affidavit of reappearance of the absent spouse who was declared presumptively dead apply to instances where the marriage is declared void under Art. 40 and to an

Art. 47 Who may file an action for annulment? Within what prescriptive period? Ground Proper Prescriptive

instance when a marriage is declared annulled under Art. 45. The effects are: 1. The children born during the subsistence of the subsequent marriage are LEGITIMATE. They are legitimate because before it was automatically terminated, that marriage was valid. 2. The property regime of the spouse existing during the subsistence of the subsequent marriage shall be liquidated. But if either of the contracting parties of the subsequent marriage acted in BAD FAITH, his SHARE OF THE NET PROFITS shall be forfeited in favour of: i. In his order; ii. Common children; iii. In the absence of common children, children of the guilty spouse by a previous marriage. iv. In default, innocent spouse. *Net profits represent the increase in value of the property from the time of the solemnization of the marriage up to the time of the dissolution of the subsequent marriage. However, it does not take into account the values of the property acquired after solemnization. 3. All donations are VOID by operation of law. Therefore, it is automatic. One may not do a positive act to effect the revocation. 4. The insurance policy shall be VALID but if the beneficiary acted in BAD FAITH, the insurance policy may be revoked by the innocent spouse. The revocation is at the option of the innocent spouse. It is not automatic. 5. The spouse who contracted the subsequent marriage in BAD FAITH is disqualified to inherit from the innocent spouse for testamentary or intestate succession. * The effects enumerated except par. 1 equally apply when a voidable marriage under Art. 45 is declared annulled and a void marriage under Art. 40 is declared void. The latter is the only kind of void marriage which covered by the effects of Art. 43. If the marriage is declared void on any other grounds other than Art. 40, these effects under Art. 43 will NOT apply. What will govern particularly on the matter of liquidation and settlement of the properties of the spouses are provisions under Art. 147 and 148 which deal on the Rules on Coownership. Valdez vs RTC

But the SC made a different ruling in the case of Cario. The effect under Art. 40 is that the subsequent marriage is also void. Since the subsequent marriage is void falls under Art. 40, then by virtue of Art. 50, the rule that should govern insofar as the liquidation and dissolution of the properties of the parties should be that under Art. 43. But in Cario, the SC ruled that the subsequent marriage was void because of the failure to comply with Art. 40 and yet the SC directed the dissolution and settlement of the properties of the parties pursuant to Art. 147 and 148 when Art. 147 and 148 apply only in cases of marriages declared void based on grounds other than Art. 40. Art. 55 LEGAL SEPARATION Unlike void and voidable marriages, legal separation produces only the effect in separation in bed and board, meaning, the parties have the right to stay separately and spouses cannot be compelled to support each other. However, in legal separation, the marital bond remains intact; therefore, none of the parties can remarry. GROUNDS FOR LEGAL SEPARATION: -may or may not exist at the time of the marriage. -may exist after the solemnization of the marriage. -unlike annulment, where the action for annulment may be filed by either the injured party or some other parties authorized by law under the article governing annulment, in legal separation, ONLY THE SPOUSES CAN FILE THE ACTION FOR LEGAL SEPARATION. -Unlike actions for declaration of nullity of void marriage, in legal separation, the spouse who can file the action is the INNOCENT SPOUSE. Why? The grounds refer to the acts of the respondent. 1. Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner; 2. Physical violence or moral pressure to compel the petitioner to change religious or political affiliation; 3. Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement; 4. Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned; 5. Drug addiction or habitual alcoholism of the respondent; 6. Lesbianism or homosexuality of the respondent; 7. Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad; 8. Sexual infidelity or perversion; 9. Attempt by the respondent against the life of the petitioner; or

10. Abandonment of petitioner by respondent without justifiable cause for more than one year.

or offense constituting the ground for legal separation. Pp vs Chicken Burger The spouses, after living together as husband and wife for a while and realizing their incompatibility, entered into a written agreement where they agreed into living separately and profess that they would not object to each others adulterous relationship with other persons. The husband was subsequently sued for concubinage by the wife. ISSUE: WON may be sued for concubinage. HELD: SC ruled that liability for concubinage can be attached because it was established that before the alleged concubinage was committed, the wife, by entering into an agreement with the husband, effectively consented to the adulterous relationship of the husband. Pp vs Sensano and Ramos The wife had an illicit relationship with another man and when the husband came to learn about it, the husband initiated an action of adultery against the wife and her paramour. Both of them were convicted and served the sentence. Thereafter, the wife left the paramour and pleaded to that the husband so that the husband would take her back. But she was rejected by the husband and so without other options, the wife returned to the arms of the paramour. When the husband learned about it, the husband filed an action for adultery. ISSUE: WON the wife and her paramour is guilty of concubinage for the second time. HELD: It was established that before the wife returned to the arms of the paramour, the husband rejected the appeals of the wife and told the wife that he had nothing more to do with the wife and that the wife can go wherever she wishes. This act of the husband in rejecting the appeals of the wife was deemed by the SC as an act of consent for future adulterous relationships. The wife was acquitted from the second charge of adultery by reason of consent. 3. CONNIVANCE -connivance and consent are the same. -Connivance vs Consent Consent- the act of the innocent spouse is PASSIVE by not objecting to the commission of the act by the guilty spouse; the offended spouse did not participate at all in the act of

For purposes of this Article, the term "child" shall include a child by nature or by adoption. Art. 56 DENIAL OF PETITION FOR LEGAL SEPARATION 1. CONDONATION Presupposes that the act giving ground to legal separation has already been committed. Condonation comes AFTER the act was committed.

Badayong vs Ines When the husband worked as a US Navy after the marriage and while he was away, he was informed by the relatives and friends of the wife informing him about the wifes affair with another man. After learning the infidelity of his wife, he went back to the Philippines and he fetched his wife. During their stay together, they sleep together as husband and wife. HELD: SC ruled that the act of the husband in sleeping with the wife, after learning the infidelity of the wife, amounts to condonation. The action for legal separation initiated by the husband was dismissed. -may be effected EXPRESSLY (when the innocent spouse directly pardon the guilty spouse) or IMPLIEDLY (e.g. sleeping with the guilty spouse). -a pardon extended DURING the pendency of the case DOES NOT negate criminal liability (e.g. concubinage, adultery). Eduardo Arroyo vs CA The wife and the paramour were convicted of adultery and during the pendency of the case; the offended spouse pardoned the offenders. HELD: SC ruled that the purported condonation extended by the offended spouse did not produce the effect of negating the criminal liability already incurred by the accused because for pardon or condonation to take effect, it must be extended BEFORE the filing of the case.

2. CONSENT -effected BEFORE the offense or act complained of is committed. - may be given EXPRESSLY or IMPLIEDLY by not contesting despite knowledge of the commission by the other spouse of the act

the guilty spouse committing the offense or the act which gives rise to the grounds for legal separation. 3. Connivance- the supposed-innocent spouse took an ACTIVE PART in the commission of the offense or act constituting ground for legal separation. E.g. when the supposedinnocent spouse, the husband, induces the wife to sleep with another man. 4. IN PARI DELICTO -when both parties give ground for legal separation. 5. PRESCRIPTION -5 years from the occurrence of the cause. *If any of these grounds exist, a petition for legal separation may be denied or dismissed by the court. *ESSENTIAL DIFFERENCE in an action for legal separation from actions for annulment of a voidable marriage and declaration of nullity of a void marriage: the requirement of 6-MONTH COOLINGOFF PERIOD. Art. 58 6-MONTH COOLING OFF PERIOD *The court is not allowed to try the case of legal separation earlier than 6 months from the filing of the petition. *The violation of this requirement will render the decision of the court in the legal separation case NULL and VOID; however, the cooling off period requirement applies only insofar as the hearing or trial on the merits of the MAIN CASE, meaning, the court is prohibited from trying the legal separation case, involving issues concerning the validity or invalidity on the grounds relied upon in the action for legal separation. Other issues arising from incidental matters which do not affect the validity or invalidity of the grounds for legal separation, the court may take action even during the 6-month cooling off period. If the abusive husband continues to physically inflict harm on the offended wife who has filed an action for legal separation, the offended spouse may file a motion in court to enjoin the husband from continuing with his acts even if this is done during the 6-month cooling off period after the filing of the petition, the court may validly act on this incident. Why? This is not covered by the rule on the cooling off period. Such has nothing to do with the invalidity or validity of the grounds for legal separation. Art. 63 What are the effects when a decree of legal separation is issued by the court? 1. Marriage remains intact, only separation from bed and board. 2. As to the custody of the common children GENERAL RULE: Custody should be awarded to the INNOCENT SPOUSE. 6.

4. 5.

EXCEPTION: the court finds compelling reason that the innocent spouse is not fit to take custody of the common children. A. Absolute community or Conjugal partnership shall be DISSOLVED and LIQUIDATED; B. Offending spouse shall have NO right to any share of the NET PROFITS. *same with Art. 43 (2) Offending spouse shall be disqualified from TESTATE and INTESTATE SUCCESSION. Art. 64 Donations made by the innocent spouse in favour of the offending spouse is REVOCABLE; not by operation of law. *The action to revoke a donation as a result of legal separation shall be filed WITHIN 5 YEARS from the finality of the decision declaring of legal separation. Any insurance policy obtained by the innocent spouse where the offending spouse is named as the beneficiary is also REVOCABLE; not by operation of law. **The decision for the decree of nullity, annulment and legal separation shall include the dissolution of the properties, the custody of the children and should state that the decree can only be issued after complying with the requirement of the liquidation, partition and distribution of the properties of the spouses and delivery of presumptive legitimes of the common children. Where to record these documents? Judgment declaring nullity, annulment or legal separation shall be made in the LOCAL CIVIL REGISTRAR where (1) the court issuing the judgment sits and (2) where the marriage was registered. The approved partition, liquidation and distribution of the properties of the spouses shall be made in REGISTER OF DEEDS where the properties involved are located.

Art. 65 RECONCILIATION OF SPOUSES Reconciliation while case is still PENDING, the action for legal separation shall be TERMINATED. Reconciliation after decree has already been ISSUED, the decree shall be SET ASIDE but any judgment declaring the separation of the property and forfeiture of the share in the net profits of the offending spouse shall REMAIN, unless the parties agree to revive their previous property regime or adopt a new property regime. How to effect RECONCILIATION? File a JOINT MANIFESTATION to the court where the action for legal separation is pending or is filed.