JENNICA GYRL G.
DELFIN NOTES
TITLE I. MARRIAGE
Article 1. MARRIAGE IS (SPMLC)
1. A Special contract
2. Of Permanent union
3. Between a Man and a woman
4. Entered into in accordance with Law
5. For the establishment of Conjugal and family life
DISTINCTIONS BETWEEN AN ORDINARY
CONTRACT AND A MARRIAGE CONTRACT:
(OMBI)
1. Only a man and a woman can enter into the
contract of marriage. In an ordinary contract,
there can be two or more parties and the gender is
not material.
2. Marriage is a permanent contract, it can only be
dissolved by the death of the other party unless it
is annulled or declared null and void by the
courts. An ordinary contract is terminated upon
the expiration of the term of the contract.
3. Breach of an ordinary contract gives rise to an
action for damages, while breach of the
obligation of husband and wife does not give rise
to such action but the laws provides penal and
civil sanctions therefore.
4. In ordinary contracts, the agreement of the parties
has the force of aw between them, while in
marriage, the rights and duties of the parties are
fixed by law and not subject to stipulation except
in marriage settlements.
Article 2. NO MARRIAGE SHALL BE VALID,
UNLESS THESE ESSENTIAL (INTRINSIC)
REQUISITES ARE PRESENT: (LC)
1. Legal capacity of the contracting parties who are
male and female
2. Consent freely given in the presence of the
solemnizing officer.
LEGAL CAPACITY
must have the necessary age and consent of the parties
in certain cases.
There must be no impediment to marry each other such as
a prior existing marriage or certain relationships by
affinity or consanguinity
CONSENT
it must be free and not the result of force intimidation
or threat.
Article 3. THE FORMAL REQUISITES OF
MARRIAGE ARE: (AVM)
1. Authority of the solemnizing officer
2. A Valid marriage license except in the cases
provided in Chapter 2 of this title.
3. A Marriage ceremony which takes place with the
appearance of the contracting parties before the
solemnizing officer and a personal declaration
that they take each other as husband and wife in
the presence of two witnesses of legal age.
AUTHORITY OF THE SOLEMNIZING OFFICER
even if the solemnizing officer was not authorized, the
marriage is still valid, provided that either or both of the
contracting parties believed in good faith in the authority
of the solemnizing officer to solemnize marriages.
MARRIAGE LICENSE
From the Lectures of Atty. Lydia Galas and Book of Pineda
is a written permission issued by the civil registry
general to the contracting parties authorizing their
marriage before any authorized solemnizing officer.
marriage license issued after the marriage constitutes
the marriage void.
presence of the license must be at the time of the
celebration of the marriage.
MARRIAGE CEREMONY
refers to the solemnization of the marriage
NOTE:
Marriage certificate is not an essential or formal
requisite of marriage, however, it is the best
evidence to prove the marriage.
Failure to sign the marriage certificate does not
invalidate the marriage
Article 4. THE ABSENCE OF ANY OF THE
ESSENTIAL OR FORMAL REQUISITES SHALL
RENDER THE MARRIAGE VOID AB INITIO AS
STATED IN ARTICLE 35 (2).
A DEFECT IN ANY OF THE ESSENTIAL
REQUISITES SHALL RENDER THE MARRIAGE
VOID AB INITIO AS PROVIDED IN ART. 45.
AN IRREGULARITY IN ANY OF THE FORMAL
REQUISITES SHALL NOT AFFECT THE
VALIDITY OF THE MARRIAGE BUT THE PARTY
OR PARTIES INVOLVED SHALL BE CIVILLY,
CRIMINALLY AND ADMINISTRATIVELY
LIABLE.
Requisite is absent whether Void from the beginning
essential or formal
Essential requisite is Voidable meaning
defective Marriage is valid until
annulled
Formal requisite is Marriage is valid but the
defective or suffers from party responsible for the
any irregularity irregularity shall be civilly,
criminally or
administratively liable
A party who contracts a second marriage before the
former has been annulled or before the absent spouse has
been declared presumptively dead is guilty of BIGAMY.
Article 5. LEGAL AGE FOR MARRIAGE
Former age was 14 for female and 16 for male. However,
Family Code, changed it to 18 years old for both male and
female.
Additional requirement under Article 5 are:
1. Both parties must not suffer from any legal
impediment mentioned in Article 37and 38
2. Obligated to comply with other essential and
formal requisites
Article 6. NO PARTICULAR FORM NEEDED FOR
MARRIAGE CEREMONY
WHAT IS NEEDED?
1. Personal appearance by the contracting parties
2. Before the solemnizing officer and a
3. Special declaration that they take each other as
husband and wife
OTHER REQUIREMENTS IN THIS ARTCLE
WILL NOT RENDER THE MARRIAGE VOID
EVEN LACKING
1. There were no witnesses to the marriage
JENNICA GYRL G. DELFIN NOTES

2. The parties did not orally declare before the
solemnizing officer that they take each other
as husband and wife
3. There was no marriage certificate or contract
NOTE: What is needed in this Article is found in Article
3(3) which is the appearance of the contracting parties
before the solemnizing officer. Absence of that renders
the marriage void.
RATIONALE: To prevent the recognition of common
law marriages
Marriage by proxy is void.
Exception: If solemnized abroad and valid there as such,
it also valid in the Philippines.
Article 7. PROPER PERSONS TO SOLEMNIZE
MARRIAGES
1. Members of the judiciary
to solemnize marriage within their territorial
jurisdiction as defined by the Supreme Court. If
performed outside their jurisdiction, the validity
of their marriage is not affected but Judge will be
administratively liable.
2. Priests, rabbis, ministers of any church
REQUISITES:
a. Duly authorized by their respective
churches or sects
b. They must be duly registered with the
Office of the Civil Registrar General
c. They must act within the limits of their
written authority from their churched or
sects
d. At least one of the contracting parties
belongs to the solemnizing officers
church or religious sect
NOTE:
If solemnizing officer is not under a religious
sect, there is irregularity but shall not affect the
validity of the marriage. However, solemnizing
officer will be civilly, criminally or
administratively liable under Art. 4(3)
3. Ship captain and Airplane Chief
can perform only marriages in articulo mortis
between passengers and crew members while the
ship is at sea or the plane is in flight or during
stopovers at ports of call.
ARTICULO MORTIS marriage at point of death
4. Military Commanders of a unit
can solemnize marriages in articulo mortis
only between persons with the zone of military
operation in the absence of the chaplain
The military commander must be
commissioned officer, not a mere corporal or
sergeant. He must at least have a rank of 2nd
lieutenant
unit must be battalion and not just a company
NOTE: Commander-in-Chief cant solemnize marriages
because he is not a military and fact a civilian
5. Consul general, consul and Vice-Consul
can solemnize marriages but only between
Filipinos abroad who need not be permanent
residents therein
Consuls on home assignment in the Philippines
may not solemnize marriages
6. Mayors
From the Lectures of Atty. Lydia Galas and Book of Pineda
JENNICA GYRL G. DELFIN NOTES
From August 3, 1987 December 31, 1991,
Mayors were not authorized to solemnize
marriages (marriages solemnized within this
period are void and incurable)
From January 1, 1992 present, mayors are
now allowed to solemnize marriages by virtue of
the Local Government Code
Acting mayors may solemnize marriages
Article 8. SPECIED VENUES OF MARRIAGE
supplemental to the provisions of Article 3(3)
1. If JUDICIAL OFFICER, the public
solemnization can only be performed either in the
a. Judges chambers
b. In open court
2. If RELIGIOUS SOLEMNIZERS, the marriage
must be celebrated in the church, chapel or
temple.
3. If CONSUL, in their respective offices abroad.
Violation of the provision will subject the
solemnizer to criminal and administrative
sanctions.
NOTE:
Marriage is still valid even if solemnization was
not conducted in venues mentioned above
provided it is within the territorial jurisdiction of
the solemnizer.
A marriage solemnized by a Judge on a Sunday
where there is no office is invalid.
EXCEPTIONS:
1. Marriages contracted in articulo mortis
2. Marriages in remote places
3. When both parties formally request the
solemnizing officer the celebration of the
marriage in a different place designated by
them in a sworn statement to that effect
premised on a valid reason.
Marriage can be solemnized outside the judges chambers
or courtroom only in the following instances
1. At the point of death (articulo mortis)
2. In remote places in accordance with Article 29
3. Upon request of both parties in writing in a sworn
statement to this effect
NECESSARY PROOF OF EXISTENCE OF FOREIGN
MARRIAGE WHICH MUST BE ESTABLISHED
1. The applicable or pertinent provisions of the
foreign law on marriage
2. Celebration of the marriage was done in
compliance with these provisions
Article 9. MARRIAGE LICENSE
The contracting parties must apply for marriage license
in the city or municipality where either or both them
habitually resides.
License issued in a different place from the habitual
residence of the contracting parties does not invalidate the
marriage. However, if application for license was made in
bad faith in the improper civil registry, the parties can be
liable for violation of Article 350 of the Revised Penal
Code. If registrar is in fault, he can be charged criminally
and administratively.
valid for 120 days
EXCEPTIONS:
1. Marriages in Articulo Mortis
2. Marriages in remote places
3. Marriages of people who have previously
cohabited for at least five years
JENNICA GYRL G. DELFIN NOTES

4. Religious ratification of a legal marriage
5. Marriages among Muslims or among
members of the of the ethnic cultural
Communities solemnized in accordance with
their customs, rites and practices
Article 10. FILIPINO MARRIAGES ABROAD
Applicable only when Filipinos are domiciled or
sojourning abroad.
There is still a need for a marriage license
The consular officer shall take charge of the issuance of
the license and shall perform the duties of the local civil
registrar and of the solemnizing officer with regard to the
celebration if the marriage. Otherwise, marriage is
invalid.
Article 11. NECESSARY INFORMATION MUST
BE SPECIFIED IN THE MARRIAGE LICENSE
The oath to the application shall be administered by the
Local Civil Registrar with whom the application for
license is filed and the parties are required to file a
separate sworn applications because the data that they will
state under oath are different
Even if the parties falsify the information given in their
marriage application, the marriage license will still be
valid if issued by the local civil registrar of the place
where the application is filed, but the party who gave the
wrong information would be civilly, criminally and
administratively liable.
if the local civil registrar knew about the falsification
and still issues the license, he shall be civilly, criminally
and administratively liable but a marriage solemnized
pursuant to said marriage license will still be valid.
Article 12. DUTIES OF THE CIVIL REGISTRAR
1. Upon receipt of the applications for the marriage
license, the local civil registrar will require the
presentation of their birth certificates and
baptismal certificates duly attested by persons
having custody of their original.
2. Unable to present the above mentioned
requirements, parties may furnish the registrar
their current residence certificates or a sworn
statement of two witnesses of legal age preferably
close relatives setting forth the required data.
EXCEPTION:
1. When parents themselves come and swear to
the correctness of the lawful age of the
contracting parties.
2. If by parties looks alone, the local civil
registrar is convinced that either or both of
them have the required age
NOTE:
There are three certificates mentioned in this
article birth, baptismal and residence
certificates
This article does not apply to parties who had
been previously married
Article 13. PAPERS TO BE PRESENTED BY THE
APPLICANT WILL DEPEND UPON THE CAUSE
OF DISSOLUTION OF THE PREVIOUS
MARRIAGE
a. Death Death Certificate
From the Lectures of Atty. Lydia Galas and Book of Pineda
JENNICA GYRL G. DELFIN NOTES
b. Divorce Judicial Decree of Absolute
Divorce which refers to a foreign divorcer
c. Annulment of voidable marriage judicial
decree of annulment
d. Declaration of nullity of a void marriage
judicial declaration of nullity
NOTE: in case the DEATH CERTIFICATE cant be
secured as when the death is due to an airplane crash
where the passengers can no longer be identified or he
bodies could no longer be recovered, an AFFIDAVIT to
that effect will suffice.
Article 14. WHEN A PARENTAL CONSENT IS
REQUIRED
NOTE:
If marriage is solemnized without the parental
consent required in this article, the marriage is
VOIDABLE.
Parental consent is required if either is above 18
but below 21.
If applicant has already been emancipated by a
previous marriage, although still below 21 years,
he or she no longer needs a parental consent.
The parental consent may be in a form of a sworn
statement acknowledged in the presence of two
witnesses before any official authorized to
administer oaths or the parents or guardian may
appear personally before the local civil registrar
and accomplish the written consent before him.
The parental consent must be for the child to
marry a specific person, it cannot be consent to
marry anyone.
Article 15. WHEN PARENTAL ADVICE IS
REQUIRED
any contracting party who is between 21 and 25 years
old.
must be sought not only for the good of the future
groom and bride but because the obtaining of such is in
recognition of the duty of the son or daughter to his or her
parents
lack of parental advice or an unfavorable parental
advice does not bar the marriage from taking place. It
merely suspends the issuance of the marriage license
the three month period is computed from the
completion of the 10 day publication of the application for
marriage license
marriage is void if married without a marriage license.
However, marriage is still valid without required parental
advice but they will be criminally, civilly and
administratively liable for falsifying their marriage
license
Article 16. CERTIFICATE OF MARRIAGE
COUNSELING
as a requirement, the marriage counseling is done by
the priest or imam or minister or a duly accredited
marriage counselor
required where there is parental consent (18 21) or
advice (21 25)
lack of marriage counselling is the suspension of the
issuance of the marriage license for three months
JENNICA GYRL G. DELFIN NOTES

if only one of the parties needs parental consent or
parental advice, the other party must be present at the
counselling.
Article 17. POSTING OF NOTICES
this is the ten day waiting period for the release of the
marriage license
posting of the application for the marriage license
under this article is indispensable to the issuance of the
license
marriage solemnized without complying with this
provision and on the basis of such license will be
criminally, civilly and administratively liable.
reason for posting is to inform the public of the
intended marriage and any legal impediment thereto, they
may inform the local civil registrar about it.
Article 18. IMPEDIMENTS TO THE MARRIAGE
In case of any impediment coming to the knowledge of
the local civil registrar:
1. He shall note down the particulars thereof and his
findings thereon in the very application for
marriage license itself
2. He shall issue the license after the completion of
the period of publication unless otherwise
ordered by a competent court. Any interested
party or the registrar himself may seek the courts
intervention for the purpose
NOTE:
Notice to the local civil registrar of any
impediment to the marriage shall not
prevent the issuance of the license after
the 10 day publication unless otherwise
ordered by a competent court upon the
petition of the civil registrar at his own
instance or that of any interested party.
Article 19. LICENSE FEES
GR: Minimal prescribed fee for the issuance of a license;
no other fee or tax shall be collected to discourage
common law cohabitation
EXCEPTION: Indigent parties those who have no
visible means of income or whose income insufficient for
their subsistence
Article 20. EFFECTIVITY OF MARRIAGE
LICENSE
Valid for 120 days from the date of issue which is valid
in any part of the Philippines and is deemed automatically
cancelled at its expiration date if the parties have not made
use of it
civil registrar has no authority to extend it effectivity
marriage beyond the 120 days lifetime of the license is
void
FC requires that the expiry date of the license must be
stamped in bold characters on its face so that the parties
will be fully aware of its expiration date.
Article 21. REQUIREMENT FOR FOREIGNERS
applies when either or both of the contracting parties
are citizens or subjects of a foreign country
foreigners who wish to marry in the Philippines must
secure a marriage license.
From the Lectures of Atty. Lydia Galas and Book of Pineda
JENNICA GYRL G. DELFIN NOTES
before they can obtain a marriage license, they must
submit a CERTIFICATE OF THEIR LEGAL
CAPACITY to contract marriage which must be issued
by their respective diplomatic or consular officials
because of the general principle that the legal capacity of
foreigners is determined by their national law.
A divorced foreigner can be issued a marriage license
to marry again in the Philippines provided he can present
the CERTIFICATE OF LEGAL CAPACITY which
means that his divorce is recognized by his own country.
If the foreigner is STATELESS or a REFUGEE and no
embassy or consular office from which he can get the
certificate, it is enough that he executes an affidavit
stating the circumstances showing h capacity to contract
marriage.
if the certificate of legal capacity is absent, there is
irregularity which does not affect the marriage.
CERTIFICATE OF LEGAL CAPACITY sufficient to
establish the legal capacity of a foreign national
Article 22. CONTENTS OF MARRIAGE
CERTIFICATE
name, age, sex, citizenship of the parties who have
secured a parental consent or advice, time of celebration,
proper marriage license and copy of marriage settlement
MARRIAGE CERTIFICATE
not a formal or essential requisite but the best evidence
to prove a marriage exists
failure to sig marriage certificate shall not render the
marriage void
Marriage License Marriage Certificate
Authority to celebrate the Marriage contract
marriage
Article 23.
FOUR COPIES OF THE MARRIAGE CONTRACT /
CERTIFICATE MUST BE MADE AS FOLLOWS:
1. The original copy shall be given to either of
the contracting parties
2. The duplicate and triplicate shall be sent not
later than 15 days after the marriage to the
local civil registrar of the place where the
marriage was solemnized
3. The quadruplicate shall be retained by the
solemnizing officer together with the
marriage license
It is the duty of the solemnizing officer to furnish
copies of the marriage contract
Article 24.
the preparation of document and administration of
oaths by the local civil registrar in connection with
marriages are all free from fess and documentary stamp
tax.
Article 25.
in the recording of application for the marriage license,
the entries must be chronological (in accordance with the
dates of application)
And the pertinent data must be recorded
the registry book should also record the names of the
applicants, the date on which the marriage license was
issued and other necessary data
JENNICA GYRL G. DELFIN NOTES

Article 26. MARRIAGES OUTSIDE THE
PHILIPPINES (in connection with Article 15 of the
NCC)
applies only to Filipinos; marriages of foreigners or a
Filipino and a foreigner is governed by the rules on
Conflict of laws
GR: If foreign marriage is valid in the country where
celebrated it is celebrated, then it is also valid in the
Philippines based on the principle of LEX LOCI
CELEBRATIONIS (law of the place of celebration).
EXCEPTION:
1. Void marriages under Article 35 (1, 4, 5 &6)
2. Void marriages due to psychological incapacity
(Art. 36)
3. Incestuous marriages under Article 37.
4. Void marriages for reason of Article 38 for
reasons of public policy
REQUIREMENTS TO PROVE A FOREIGN
MARRIAGE
1. The existence of the pertinent provision of the
foreign marriage law. Foreign laws are matters of
fact that must be alleged and proved considering
that our courts do not take judicial notice of them
2. The celebration or performance of the marriage
in accordance with said law
EFFECT OF DIVORCE OF A MARRIAGE BETWEEN
A FILIPINO CITIZEN AND A FOREIGNER
1. If validly obtained abroad by the alien spouse
capacitating him or her to remarry, the Filipino
spouse shall have capacity to remarry under the
Philippine law
2. If the divorce is obtained by the Filipino spouse,
the divorce is void because divorce is not allowed
in the Philippines and a Filipino is governed by
his national law wherever he goes
not applied to a Filipino naturalized in another
country
3. An alien spouse who has divorced his Filipino
spouse can no longer charge the latter with
adultery or concubinage because he can no longer
be considered an OFFENDER SPOUSE.
CHAPTER 2
MARRIAGES EXEMPTED FROM LICENSE
REQUIREMENT
Article 27. MARRIAGE AT THE POINT OF
DEATH (ARTICULO MORTIS)
AT THE POINT OF DEATH refers to a situation
wherein one is between life and death or already dying
DANGER OF DEATH refers to a situation wherein
one is only in danger of dying but not at the point of dying
Article 28. MARRIAGE IN REMOTE PLACES
it does not specify the distance of either party from the
municipal building.
All that is required is that the residence of either party
be so located that there is no means of transportation to
enable such party to appear before the local civil registrar
Article 29. AFFIDAVIT IN LEIU OF MARRIAGE
LICENSE
THERE IS A REQUIREMENT FOR THE EXECUTION
OF AN AFFIDAVIT BY THE SOLEMNISING
OFFICER STATING THAT
From the Lectures of Atty. Lydia Galas and Book of Pineda
JENNICA GYRL G. DELFIN NOTES
1. That the marriage was performed in Articulo
Mortis
2. That the residence of either party is remote
specifying that the place is such that there is no
means of transportation to enable the party to
appear personally before the local civil registrar
3. That he took steps to ascertain the ages and
relationship of the parties and the absence of legal
impediment to marriage
Article 30.
Civil registrar is given the original of the affidavit for
the simple fact that he keeps the records of the marriages
taking place
Article 31. MARRIAGE DURING VOYAGE
The ship captain or airplane chief can solemnize
marriages in articulo mortis not only during voyage or
flight but also during stop overs or port of call.
Article 32. MARRIAGES WITHIN MILITARY
ZONE
Military commander must be a commissioned officer
to solemnize marriages in articulo mortis whether
civilians or member of the armed forces in the absence of
the chaplain.
Article 33. MARRIAGES AMONG MUSLIMS
A marriage license is not necessary in cases of
marriages among Muslims or among members of the
ethnic communities IF THE MARRIAGE WILL BE
SOLEMNIZED IN ACCORDANCE WITH THEIR
CUSTOMS, RITES OR PRACTICES.
Article 34. NO MARRIAGE LICENSE NECESSARY
FOR COMMONLAW COHABITATION
TO BE EXEMPT FROM OBTAINING A MARRIAGE
LICENSE, IT IS REQUIRED THAT:
1. The parties must have lived as husband and wife
for at least five years (5 continuous years of living
together)
2. There is no legal impediment to marry each other
during this period
3. An affidavit be executed by the parties stating the
foregoing facts
4. The fact of absence of legal impediment between
the parties must be present at the time of the
marriage, not during their 5-year cohabitation
5. The solemnizing officer shall also state under
oath that he ascertained the qualifications of the
parties and found no legal impediment to the
marriage
If parties falsify their affidavit in order to have an
instant marriage, although they have not been cohabiting
for 5 years will render the marriage void and will make
them criminally liable.
CHAPTER 3
VOID AND VOIDABLE MARRIAGES
Article 35. VOID MARRIAGES FROM THE
BEGINNING:
a second marriage without complying Article 52
(delivery of presumptive legitime of the children of the
annulled marriage of a marriage that was declared void ab
initio) is also NULL AND VOID under Article 53.
1. Contracted by parties below 18 years old
2. Solemnized by a person with no authority
JENNICA GYRL G. DELFIN NOTES

EXCEPTION: valid if either or both parties
believed in good faith that the solemnizing officer
had legal authority
3. Solemnized without a marriage license
EXCEPTION:
a. Marriages in articulo mortis
b. Marriages in remote places
c. Marriages in articulo mortis in a ship or
airplane
d. Marriages among Muslims or among
member of ethnic cultural communities
e. Marriages between parties who have
lived together for more than five years as
husband and wife without legal
impediment
4. Bigamous or polygamous marriage
committed when one contracts a second
marriage before the former marriage has been
dissolved
5. Contracted through mistake of one party as to the
identity of the other
WHO CANFILE A PETITION FOR DECLARATION
OF NULLITY OR ANNULMENT?
the aggrieved spouse
Article 36. PSYCHOLIGICAL INCAPACITY
PSYCHOLOGICAL INCAPACITY
has no exact definition but is restricted to
psychological incapacity to comply with the essential
marital obligations of marriage.
To be a ground for declaration of nullity of marriage, the
psychological incapacity of either party to comply with
the essential marital obligations must already be present
at the time of the marriage.
GUIDES TO INTEPRETATION OF PSYCHOLIGICAL
INCAPACITY: (HSEIEHCRCI)
1. Homosexuality in men, Lesbianism in women
2. Satyriasis in men, Nymphomania in women
3. Extremely low intelligence
4. Immaturity
5. Epilepsy
6. Habitual alcoholism
7. Criminality
8. Refusal of the wife to dwell with the husband
after the marriage without fault on the part of the
latter or to have sex with the husband or to have
children.
9. Compulsive gambling or unbearable jealousy
10. Infliction of physical violence on the wife
JURISPRUDENTIAL GUIDELINES: (BREIG)
1. Burden of proof to show the nullity of marriage
belongs to the plaintiff.
2. The Root cause of the psychological incapacity
must be:
a. Medically or clinically identified
b. Alleged in the complaint
c. Proven by experts
d. Clearly explained in the decision
3. The incapacity must be proven to be existing at
the time of the celebration of the marriage.
4. Such incapacity must be proven to be incurable
5. Such illness must be grave enough to bring about
the disability of the party to assume the essential
obligations of the marriage
From the Lectures of Atty. Lydia Galas and Book of Pineda
JENNICA GYRL G. DELFIN NOTES
PSYCHOLOGICAL INCAPACITY MUST BE
CHARCATERIZED BY: (GJI)
1. Gravity (party is incapable of carrying out the
duties required in marriage
2. Juridical Antecedence (rooted in the history of
the party
3. Incurability
Article 37. INCESTOUS MARRIAGES
1. Between ascendants and descendants of any
degree
2. Between brothers and sisters, whether of the full
or half blood.
Article 38. VOID FROM THE BEGINNING FOR
REASONS OF PUBLIC POLICY
1. Collateral blood relatives up to the fourth civil
degree
2. Step-parents and step-children
3. Parents-in-law and Children-in-law
4. Adopting parent and adoptive child
5. Surviving spouse of the adopter and the adopted
6. Surviving spouse of the adopted and adopter
7. Adopted and illegitimate child of adopter
8. Adopted children of adopter
9. Parties where one, having intention to marry the
other, killed that other persons spouse or his/her
own spouse
UNDER THE NEW FAMILY CODE, THE FF MAY
MARRY:
1. Brother-in-law and sister-in-law
2. Stepbrother and Stepsister
3. Guardian and ward
4. Adopted and illegitimate child of the adopter
5. Parties who have been convicted of adultery and
concubinage.
Article 40. NEED FOR DECLARATION OF A VOID
MARRIAGE
A Void marriage must first be declared void for purposes
of remarriage.
There is need of JUDICIAL DECLARATION of such
fact before that person can marry again, otherwise the
second marriage is void.
Only the husband and wife may file petition before the
court.
Article 45: VOIDABLE MARRIAGES
Marriage is valid until annulled.
speaks of the GROUNDS FOR ANNULMENT
1. LACK OF PARENTAL CONSENT
applies to 18 years and above but below 21 get
married without parental consent
2. INSANITY OF ONE OF THE PARTIES
mental weakness does not affect the validity of
the marriage unless it amounts to psychological
incapacity to perform the essential marital
obligations.
must exist during the marriage and not prior to
it
burden of proof belongs to the party who
alleges the insanity of the other.
3. FRAUD
Not all fraud justify the annulment of marriage
but only those provided in Article 46.
JENNICA GYRL G. DELFIN NOTES
 JENNICA GYRL G. DELFIN NOTES
4. FORCE, INTIMIDATION OR UNDUE sanity, also
INFLUENCE before the
theres FORCE when in order to wrest consent, death of the
serious or irresistible force is employed party
theres INTIMIDATION when one the Fraud Injured Within 5 Free
contracting parties is compelled by a reasonable party years from cohabitation
fear of a grave evil upon his person or property or discovery of after
upon the persons or property of his spouse his fraud knowledge of
spouse, descendants or ascendants, to give his fraud
consent. Force, Injured Within 5 Free
theres UNDUE INFLUENCE when a person intimidation party years from cohabitation
takes improper advantage of his power over the or undue cessation of after the cause
will of another. influence cause has
5. IMPOTENCY disappeared
refers to lack of power of copulation Impotency Potent Within 5 Cannot be
must be present at the time of the marriage, of one party party years after ratified but
must be continuous and must appear incurable marriage action
only the potent spouse can file the action for prescribes
annulment; if both spouse are impotent, it cant Sexually Healthy Within 5 Cannot be
be annulled because neither spouse is aggrieved transmittable party years after ratified but
by the other. disease marriage action
6. AFFLICTION OF SEXUALLY prescribes
TRANSMISSIBLE DISEASE FOUND TO BE
SERIOUS WHICH APPEARS TO BE Article 48.
INCURABLE requires that in all cases of annulment of marriage or
good faith cant be invoked as a defense declaration of nullity of marriage, the court shall order the
concealment of disease from the other party prosecuting attorney or fiscal assigned to it to appear on
constitutes fraud that would justify the annulment behalf of the State to take steps to prevent collusion
of their marriage regardless if its serious or not between the parties and to take care of that the evidence
is not fabricated.
Note: Certain marriages cant be ratified by free Reason: Marriage is not just a contract but a social
cohabitation namely: institution in the preservation of which the State is
1. Those vitiated by a prior existing marriage since interested
the cause of the nullity of this marriage exists as submission of the ff:
long as the absent spouse is alive. 1. STIPULATION OF FACTS
2. Those vitiated by the impotency of one spouse facts agreed upon and signed by both parties
since the cause of the nullity does not cease to 2. CONFESSION OF JUDGMENT
exist as long such impotency of the spouse statement of the erring spouse that he/she is
remains against the annulment
3. Those vitiated by the affliction of one spouse of a
sexually transmitted disease which is incurable Article 49
Ground 5 and 6 prescribes within five years after the No child under the age of seven shall be separated from
marriage. his mother unless the court finds compelling reasons to do
otherwise.
Article 47. During the pendency of the action and the absence of
adequate provisions in a written agreement between the
Ground for Who Period of Convalidation spouses, the court shall:
Annulment can file prescription or 1. Provide for the support of the spouses and the and
action Ratification the custody of their common children
2. Give paramount consideration to the moral and
Lack of Party Five years Free material welfare of said children and their choice
Parental underage
after cohabitation of the parent with whom they wish to remain
Consent attaining 21 after reaching 3. Provide for appropriate visitation rights of the
Parent/ Before child 21 other parent
guardian reaches 21
Insanity of the sane Before the Free
one party person death of cohabitation
other party after the insane
Guardian -same- regains sanity
of the
sane
Insane During lucid
person interval or
after
regaining
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Article 50.
In the partition, the conjugal dwelling shall be
adjudicated to the spouse with whom the majority of
common children should choose to remain. In case there
is no majority, the court shall decide for the best interests
of the children.
Article 51.
In the partition of the net profits of the conjugal
properties between the spouses, the value of the
presumptive legitimes of their common children,
computed as of the date of the final judgment, shall be
delivered to them in cash, property or sound securities
unless the parties have already provided for such matters
and their agreement has been approved by the court.
The delivery of presumptive legitimes of the children
shall be considered advances on the legitime but shall not
prejudice their ulitimat successional rights upon the death
of either parent.
Article 52. REQUIREMENTS:
The recording in the appropriate civil registry and
registries of property of the ff:
1. Judgment of annulment or of absolute nullity of
the marriage
2. Partition and distribution of the properties of the
spouses
3. Delivery of the childrens presumptive legitimes
Above mentioned shall be recorded in the:
1. Appropriate civil registry
2. Registries of property of the places where the real
properties distributed and delivered are located
Article 53.
Either of the former spouses may marry again only after
complying all the requirements of the preceding title.
Subsequent marriage is null and void if any one of them
marries without complying such requirements.
Article 54.
Children conceived or born of the subsequent marriage
stated in Art 53 shall be legitimate but subsequent
marriage is void.
Children conceived or born before the judgment of
annulment of marriage is legitimate because voidable or
annullable marriages are valid until annulled.
TITLE II LEGAL SEPARATION
Article 55. LEGAL SEPARATION VS. ABSOLUTE
DIVORCE
Legal Separation is only a separation from the bed but
the partied remain married while Absolute Divorce
dissolves the marriage and the parties can marry again
Foreign divorces obtained by Filipinos abroad are not
valid in the Philippines because under Article 15 of the
Civil Code, Philippine laws governs the status of Filipinos
wherever they may be.
LEGAL SEPARATION VS SEPARATION OF
PROPERTY
1. In legal separation, the common life of the spouse
is suspended both as to the person and properties.
In separation of property, only the property
relations of the spouses are suspended that is they
From the Lectures of Atty. Lydia Galas and Book of Pineda
JENNICA GYRL G. DELFIN NOTES
may still live together but their conjugal property
is dissolved.
2. Legal separation cant be granted on mere
agreement of the parties. Separation of property
can be effected by agreement of the parties,
subject to the courts approval.
3. Legal separation always involves separation of
property. There can be separation of property
without legal separation.
Preponderance of evidence and not guild beyond
reasonable doubt is sufficient to prove the existence
of any grounds.
GROUNDS
1. Repeated physical violence
2. Pressure to change religious or political
affiliation
3. Corrupt the petitioner, common child or child
of the petitioner
4. Final judgment sentencing respondent to 6
years in prison.
5. Drug addiction or habitual alcoholism
6. Lesbianism or homosexuality
7. Bigamous marriage
8. Sexual infidelity
9. Attempt by the respondent against the life of
the petitioner
10. Abandonment for more than one year without
justifiable cause.
Article 56. GROUNDS TO DENY LEGAL
SEPARATION
1. Condonation pardon of the guilty spouse y the
aggrieved spouse. It comes after and not before
the commission of the offense
2. Consent must come before the act
3. Connivance
4. Collusion when spouses agree to make it
appear in court that one of them has committed a
ground for legal separation
5. Mutual guilt
6. Prescription
7. Death of either of the party during the pendency
of the case.
8. Reconciliation of the spouses during the
pendency of the case
Article 57. LEGAL SEPARATION MUST BE FILED
WITHIN FIVE YEARS FROM THE TIME OF THE
OCCURRENCE OF THE CAUSE, IF SPOUSSE
DOES NOT FILE WITHIN THE PERIOD, HE/SHE
ID DEEMED TO HAVE WAIVED HIS RIGHT TO
FILE THE ACTION.
ARTICLE 58. LEGAL SEPARATION SHALL BE
TRIED AFER SIX MONTHS SHALL HAV
ELAPSED SINCE THE FILING OF THE PETITION
This is intended to give the spouses a chance to
reconcile.
During this period, court must still provide for support
of the spouses and the children.
This article does not apply if violence is alleged.
Article 59. The court must have first taken steps toward
the reconciliation of the spouses and if the reconciliation
is improbable, legal separation may be decreed. This is to
JENNICA GYRL G. DELFIN NOTES

prevent the breakup of the marriage before legal
separation is granted.
Article 60. LEGAL SEPARATION CANT BE
GRANTED ON STIPULATION OF FACTSOR A
CONFESSION OF JUDGMENT
1. There must be proof of the ground for legal
separation
2. Preponderance of evidence is enough
3. If defendant dos not answer the complaint or
appear at trial, petitioner may still present his
evidence
Article 61. EFFECTS OF THE FILING OF THE
PETITION FOR LEGAL SEPARATION
1. Spouses are free to live separately
2. The court shall designate husband or wife to
manage the conjugal property in the absence of
an agreement or shall designate a third person to
administer the properties of the couple
3. Administrator appointed by the court shall have
the same powers and duties as guardian under the
rules of court. He cant alienate any property
without the spouses authority
Article 63. EFFECTS OF LEGALSEPARATION
1. Spouses are entitled to live separately but
marriage bonds are not severed
2. Conjugal partnership is dissolved
3. Custody of minor children shall be awarded to the
innocent spouse
4. Offending spouse is disqualified from inheriting
from the innocent spouse by intestate succession
5. The wife cant drop the surname of the husband
after the decree of legal separation because they
are still married
Article 64. TWO THINGS THAT MAY BE
REVOKED BY THE INNOCENT SPOUSE
1. Donations made in favor of the offending spouse
2. Designation of the offending spouse as
beneficiary in the insurance contracts of the
innocent spouse
Article 65.
In case of reconciliation, the spouses are to file a joint
manifestation under oath duly signed by both, in the
same proceeding for the legal separation.
Article 66. IN CASE OF RECONCILIATION:
1. If case is pending, it shall be terminated no matter
at what stage
2. Final decree is set aside but the separation of
property already affected shall subsist unless they
agree to revive their former property regime
TITLE III. RIGHTS AND OBLIGATIONS
BETWEEN HUSBAND AND WIFE
Article 68. OBLIGATIONS OF SPOUSES TO EACH
OTHER ARE
1. To live together includes cohabitation and sexual
intercourse.
Wife can refuse sexual intercourse provided
that shes ill, it would endanger her health or if
she is suffering from some venereal disease.
Wife has the duty to live with her husband
except when:
From the Lectures of Atty. Lydia Galas and Book of Pineda
JENNICA GYRL G. DELFIN NOTES
Husband does not have a permanent
home
Husband maltreats her
Husband demands for sexual intercourse
Husband commits concubinage
2. To observe mutual love, respect and fidelity
3. To render mutual help and support
Article 69. FAMILY DOMICILE
The fixing of the family domicile must be a joint
decision of the spouses and in any case they disagree, the
court shall decide.
The court may however exempt one from living with the
other:
1. If one of the spouses should live abroad
2. There are other valid and compelling reasons for
the exception
Article 70. BOTH SPOUSES ARE JOINTLY
RESPONSIBLE FOR THE SUPPORT OF THE
FAMILY
EXPENSES FOR SUPPORT AND OTHER
CONJUGAL OBLIGATIONS SHALL BE PAID FROM:
(CII)
1. Community property or conjugal property
2. If none, from the Income or fruits of the spouses
separate properties
3. If none or Insufficient, from their separate
properties
Parents in law have no obligation to support children in
law because that is the obligation of the husband.
THE SUPPORT FOR ILLEGITIMATE CHILDREN
SHALL BE THE RESPONSIBILITY OF: (SI)
1. Separate property of the parents
2. If none or Insufficient, the absolute community
or the conjugal partnership but the advances
made shall be deducted from the share of the
obliged spouse in the absolute community or
conjugal partnership
Article 71. MANAGEMET OF THE HOUSEHOLD
SHALL BE THE RIGHT AND DUTY OF BOTH
THE SPOUSES AND THE EXPENSES FOR SUCH
MANAGEMENT SHALL BE PAID IN
ACCORDANCE WITH THE PROVISION IN
ARTICLE 70
PAYMENT FOR THE HOUSEHOLD EXPENSES
SHALL BE DEFRAYED IN THE FF ORDER: (CII)
1. Community property
2. If none, Income or fruits of the separate
properties
3. If none or Insufficient, from the separate
properties
Article 72. AGGRIEVED PARTY MAY APPLY TO
THE COURT FOR RELIEF WHEN THE OTHER
SPOUSE NECLECTS HIS/HER DUTY OR
COMMITS ACTS WHICH TENDS TO BRING
DANGER, DISHONOR OR INJURY TO THE
FAMILY
The court may issue injunction order (order of the
court that says something must be done) to the guilty
JENNICA GYRL G. DELFIN NOTES

spouse and even threaten him/her with contempt of
court if he/she refuses to follow the court order.
Article 73. EITHER SPOUSE MAY EXERCISE THE
FOLLOWING WITH THE CONSENT OF THE
OTHER: (LOB)
1. Legitimate profession
2. Occupation
3. Business or activity
THE OTHER SPOUSE MAY OBJECT ONLY ON:
1. Valid
2. Serious and Moral Grounds
IN CASE OF DISAGREEMENT, THE COURT
SHALL DECIDE WHETHER OR NOT: (OB)
1. the Objection is proper, and
2. Benefit has accrued to the family before prior to
the objection or thereafter.
A spouse who prevents his/her spouse from
exercising a legitimate profession, occupation and
business activity shall be criminally liable for
violation of RA 9262 VAWC
TITLE IV. PROPERTY RELATIONS
BETWEEN HUSBAND AND WIFE
Article 74. PROPERTY RELATIONS BETWEEN
HUSBAND AND WIFE SHALL BE GOVERNED IN
THE FOLLOWING ORDER: (MPL)
1. By Marriage settlements executed before the
marriage
2. By the Provisions of this code
3. By the Local customs
MARRIAGE SETTLEMENTS / ANTE NUPTIAL
AGREEMENT
is a contract entered into by parties about to be married
for the purpose of fixing the terms and conditions of their
relations with regard to their present and future property
provided that they are not contrary to law
REQUISITES FOR A MARRIAGE SETTLEMENT:
1. Must be made before the celebration of the
marriage. Modification must also be made before
the marriage except conversion into the complete
separation of property regime which is allowed
provided that there is a judicial approval and not
prejudice to creditors.
2. Must not contain provisions contrary to law,
morals, good customs, public order and public
policy or against the dignity of either spouse.
3. Must generally confine itself only to property
relations.
4. Must be in writing in order for the marriage to be
binding and it need not to be in public instrument
even it involves real property (such as buildings
and land) which is only required for the purpose
of affecting third persons under Art. 77
5. If made by minors (18 years old and above but
below 21), their parents must consent and sign.
6. In cases of civil interdiction, the guardian must
consent and sign.
Article 75. MARRIAGE SEETLEMENT AGREED
UPON BY THE SPOUSE
By exemption of Article 1 of the FC, the spouses are
given the freedom to stipulate the regime they desire on
their property relations. If they failed to agree before the
From the Lectures of Atty. Lydia Galas and Book of Pineda
JENNICA GYRL G. DELFIN NOTES
marriage or if they agreed but the marriage settlement is
void, the system of absolute community shall
automatically govern their property relations.
PRINCIPAL KINDS OF PROPERTY REGIMES:
(ARCMO)
1. ABSOLUTE COMMUNITY OF PROPERTY
there is a merger of all properties of the
spouses owned by them at the time of the
celebration of the marriage or those acquired
thereafter which shall be administered jointly by
them and to be divided equally between them
after the dissolution of the marriage unless a
different proportion is agreed upon.
2. RELATIVE COMMUNITY OF PROPERTY
OR CONJUGAL PARTNERSHIP OF GAINS
Everything earned during the marriage belongs
to the conjugal partnership.
3. COMPLETE OR ABSOLUTE SEPARATION
OF PROPERTY
separate earnings of the spouses are maintained
and whatever property they may bring to the
marriage shall belong separately to each of them.
4. MIXED PROPERTY REGIME
Combination of above or other systems agreed
upon by the parties before the celebration of the
marriage.
5. OTHER REGIMES
spouses may agree upon any other type of
regime provided that they do not violate the
Family Code or other laws.
E.G
Dowry or Dotal System future wife delivers
properties to the husband for the purpose of
helping him pay the expenses for the support of
the family.
Complete Merger all the properties of the wife
are transferred to the husband who becomes the
owner thereof including all properties acquired
by either during the marriage.
The system of absolute community shall apply if:
1. The parties did not enter into a marriage
settlement
2. Regime (management) agreed upon is void
If some provisions of the marriage settlement are void and
some are valid, the nullity of the void provisions will not
nullify the valid ones.
Article 76. MODIFICATION IN MARRIAGE
SETTLEMENTS
Any marriage settlements or any modification thereof
to be valid must be made before the celebration of the
marriage.
Any extra-judicial agreement between the spouses
separating their properties is void.
ONLY IN THESE INSTANCES WHERE REVIVAL OF
THE FORMER ECONOMIC REGIME AND
SEPARATION OF PROPERTY CAN BE ALLOWED
AFTER MARRIAGE:
EXCEPTIONS:
1. Art. 66 Reconciliation in marriage settlement
2. Art. 67 Revival of former property regime
3. Art. 128 abandonment or failure to comply with
obligations to the family
4. ART. 135 causes for judicial separation of
property
JENNICA GYRL G. DELFIN NOTES

5. Art. 136 judicial separation jointly initiated by
the spouses
Article 77. MARRIAGE SETTLEMENTS AND
OTHER MODIFICATIONS
REQUISITES FOR ENFORECEABILITY OF
MARIAGE SETTLEMENTS: (WSEPC)
1. must be in Writing
2. Signed by the parties
3. Executed before the celebration of the marriage
4. If a party executing the settlement needs parental
consent for the marriage, the parent or guardian
whose consent is needed must be made a party to
the agreement.
5. If the party executing the settlement is under civil
interdiction or any other disability (deaf-mute,
prodigality, etc. but not insanity), the guardian
appointed by the court must be made a party to
the marriage settlement.
It is enough that it is embodied in a PRIVATE
INSTRUMENT signed by all the necessary parties to
make marriage settlements valid. However, it must be in
PUBLIC INSTRUMENT if there is a need to register it
so as to bind THIRD PERSONS as when it involves real
property otherwise, the REGISTRY OF PROPERTY will
not register it.
DOCTRINE OF MUTABILITY
when the law of the country is changed, the regime
affecting the property relations is also changed, except
that vested rights should not be prejudiced.
DOCTRINE OF IMUUTABILITY
if there is a change in the nationality of the contracting
parties after the marriage, the property relations that
should govern them is not changed. The original regime
at the time of the marriage shall govern their property
relations.
Article 78. MINOR WHO MAY CONTRACT
MARRIAGE MAY ALSO EXECUTE A Article 82.
MARRIAGE SETTLEMENT
Between 18 years old but below 21 years old
If 18 years old, the marriage settlement may be
executed without parental consent
If contracting parties are 21 years old or over but below
26, although they still need parental advice for purposes
of marriage, are qualified to enter into marriage
settlements without the consent and participation of the
parent or guardian.
Article 79. VALIDITY OF MARRIAGE
SETTLEMENTS EXECUTED BY A PERSON
UNDER CIVIL INTERDICTION OR BY A PERSON
WITH DSABILITY
PERSONS UNDER CIVIL INTERDICTION ARE
DEPRIVED OF THE FF RIGHTS:
1. Parental authority
2. Marital authority
3. Management of his property
4. Disposal of his property
The guardian of a person under civil interdiction or person
with disability must be made a party to the marriage
settlement of either of such persons.
From the Lectures of Atty. Lydia Galas and Book of Pineda
JENNICA GYRL G. DELFIN NOTES
Article 80. IN THE ABSENCE OF A CONTRARY
STIPULATION IN A MARRIAGE SETTLEMENTS,
THE PROPERTY RELATIONS OF THE SPOUSES
SHALL BE GOVERNED BY THE PHILIPPINES
LAWS, REGARDLESS OF THE PLACE OF THE
CELEBRATION OF THE MARRIAGE.
EXCEPTIONS:
1. Where both spouses are aliens. (NATIONAL
LAW SHOULD APPLY, ART.15 NCC)
2. With respect to the extrinsic validity of contracts
affecting property not situated in the Philippines
and executed in the country where the property is
located. (EXTRINSIC VALIDITY OF THE
CONTRACT WILL BE GOVERNED BY THE
LEX SITUS OR THE LAW OF THE
COUNTRY WHERE THE PROPERTY IS
SITUATED)
3. With respect to the extrinsic validity of contracts
entered into the Philippines but affecting property
situated in a foreign country whose laws require
different formalities for its extrinsic validity.
(LEX SITUS APPLIES)
IN FILIPINO ALIEN MARRIAGES
1. If the husband is Filipino, the Philippines law
shall apply.
2. If the wife is Filipino, the national law of the
husband shall apply.
It is assumed that the husband is the administrator of the
property, thus, his national law should apply.
Article 81. EFFECTS OF DONATION WHEN
MARRIAGE DOES NOT TAKE PLACE:
If the marriage does not take place, all stipulations in
the settlements or contracts in consideration of a future
marriage, including all donations made therein between
the prospective spouse are VOID.
Marriage settlements shall be VOIDED, if the marriage
is declared Void Ab Initio.
Donations are void if a marriage does not take place.
DONATIONS BY REASON OF
MARRIAGE
DONATIONS PROPTER NUPTIAS
propter means before
are wedding gifts, but not all wedding gifts are
donations propter nuptias for said wedding gifts may
come after the celebration of the marriage.
REQUISITES FOR A VALID DONATIONS PROPTER
NUPTIAS
1. Must be made before the celebration of the
marriage
2. Must be made in consideration of the marriage
3. In favor of one or both of the future spouses.
DONATIONS PROPTER NUPTIAS VS. ORDINARY
DONATIONS
DONATIONS PROPTER ORDINARY DONATIONS
NUPTIAS
Does not require express Express acceptance if
acceptance necessary
May be made by minors Cannot be made by minors
May include future property Cannot include future
property
JENNICA GYRL G. DELFIN NOTES

If present property is No limit to donation of
donated and property regime present property provided
is not absolute community, legitimes are not impaired
limited to 1/5
Grounds for revocation are Grounds for revocation are
found in Art. 86 found in law on donations
Article 83. DONATIONS GOVERNED BY THE
RULES ON ORDINARY DONATIONS
The form of donations propter nuptias follows those of
the ordinary donations, including oral donations as
established in Title III of Book III of the Civil Code
Article 84. LIMITATIONS ON THE DONATIONS
SPOUSES CAN DONATE TO EACH OTHER
GENERAL RULE: future spouse cant donate to each
other more than 1/5 of their present property (excess shall
be considered void)
EXCEPTIONS: If they are governed by the rules on
Absolute Community of Property.
GENERAL RULE: Donations cannot comprehend future
property (Art 751, NCC)
EXCEPTION: The future spouses are allowed to donate
to each other in their marriage settlements future property
provided the donation shall take effect only after the death
and subject to the limitations on testamentary succession.
Future inheritance cannot be the object of objection nor
can it be an object of compromise agreement.
Article 85.
ENCUMBRENCE
cover restrictions and burdens on the property such as
mortgage, leases and similar others.
EFFECTS ON ENCUMBERED PROPERTY IF
DONATED:
1. In case of foreclosure such as in mortgage and the
property was sold for less than the total amount
of obligation secured, the done is not liable for the
deficiency.
2. If the property was sold at a price higher than the
total amount of the obligation, the done is entitled
to the excess.
Article 86. ENUMERATES THE GROUND FOR
THE REVOCATION OF DONATION PROPTER
NUPTIAS
GROUNDS FOR REVOCATION OF DONATIONS
PROPTER NUPTIAS:
1. CAUSES ARISING FROM THE MARRIAGE:
a. Marriage was not celebrated
b. Marriage was celebrated but is void and is
judicially declared as such
c. Marriage was celebrated without the required
consent of the parents or the guardian
d. Marriage is voidable and subsequently
annulled with the done found to be in bad
faith.
2. LEGAL SEPARATION AND THE DONEE IS
FOUND THE GUILTY SPOUSE
3. FULLFILMENT OF THE IMPOSED
RESOLUTORY CONDITION.
RESOLUTORY CONDITION
a condition which when fulfilled will extinguish an
obligation.
From the Lectures of Atty. Lydia Galas and Book of Pineda
JENNICA GYRL G. DELFIN NOTES
SUSPENSIVE CONDITION
one which when fulfilled will give rise to an
obligation
4. ACTS OF INGRATITUDE SPECIFIED IN THE
NEW CIVIL CODE such as:
a. If the donee should commit some offenses
against the person, honor or property of the
donor or his wife or children under his
parental authority
b. If the donee imputes to the donor any
criminal offense, or any act involving moral
turpitude even though he should prove it,
unless the crime or the act has been
committed against the done himself, his wife
or children under his authority.
c. If he unduly refuses him support when the
done is legally or morally bound to give
support to the donor.
Article 87. DONATIONS BETWEEN SPOUSES IS
VOID
GENERAL RULE: Lawfully married spouses and
common-law-spouses (live-ins) cannot donate to each
other, directly or indirectly. (Donations made by spouses
to each other are during the marriage are VOID.)
REASONS:
1. To protect unsecured creditors from being
defrauded
2. To prevent the stronger spouse from imposing
upon the weaker one the transfer of the latters
property to the former.
3. To prevent indirect modification of the marriage
settlement
EXCEPTION:
1. Moderate gifts on the occasion of any family
rejoicing
2. Donation mortis causa (which will take effect
only after the death of the donor)
3. Donations propter nuptias which are given before
the marriage.
CHAPTER 3
SYTEM OF ABSOLUTE COMMUNITY
SEC 1. GENERAL PROVISIONS
Article 88. ABSOLUTE COMMUNITY OF
PROPERTY SHALL COMMENCE AT THE TIME THE
MARRIAGE IS CELEBRATED
It shall commence at the precise moment that the
marriage is celebrated which means the particular
time when the spouses make their personal
declarations that they take each other as husband
and wife followed by the solemnizers
pronouncement that they are henceforth man and
wife. (Art. 3, par. 3)
Any agreement that the absolute community will
commence at another time is void.
JENNICA GYRL G. DELFIN NOTES

Article 89. WAIVER
GENERAL RULE: There should be no waiver of rights,
interests, shares and effects of the absolute community of
property can be made.
EXCEPTIONS:
1. When the waiver is made in a judicial separation
of property as a result of legal separation.
2. When the waiver is executed after the dissolution
of the marriage caused by the death on one spouse
or by annulment.
THE WAIVER IS ALLOWED IN THE FOLLOWING
CASES
1. The waiver must appear in a public instrument
(an oral waiver is void) to effect third persons
2. The waiver must be recorded in the office of the
local civil registrar where the marriage contract is
recorded abs in the proper registries of property.
Article 90. RULES ON CO-OWNERSHIP ARE
SUPPLETORY TO THE PROVISION OF THIS
CHAPTER ON THE SYTEM OF ABSOLUTE
COMMUNITY OF PROPERTY BETWEEN THE
SPOUSES.
SEC 2. WHAT CONSTITUTES COMMUNITY
PROPERTY
Article 91. COMMUNITY PROPERTY SHALL
CONSIST OF ALL THE PROPERTY OWNED BY THE
SPOUSES AT THE TIME OF THE CELEBRATION OF
THE MARRIAGE OR ACQUIRED THEREAFTER.
WHAT CONSISTS THE COMMUNITY PROPERTY?
It consists of all the property owned by the
spouses at the time of the celebration of the
marriage or those acquired thereafter UNLESS
EXCEPT in the marriage settlements
NOTE:
Upon the celebration of the marriage, the present
property of either spouse at the time of the
marriage and the future property acquired
thereafter are AUTOMATICALLY
CONVERTED into the community property
without the need of any juridical act for the
purpose.
Article 92. WHAT IS EXCLUDED FROM THE
COMMUNITY PROPERTY
1. Gratuitous acquisitions during the
marriage
these are excluded unless the donor, testator or grantor
has expressly provided in the deed of donation, will or
grant that they shall form part of the community property
2. Personal property for exclusive use
except jewelries
these properties shall pertain to the spouse who
personally and exclusively uses them such as clothes,
eyeglasses, shoes, and the like, HOWEVER, jewelries
though personally used by either spouse shall form part of
the community property because they are generally of
great value.
3. Ante-nuptial properties
fruits and income are excluded
if said spouse has legitimate descendants by a former
marriage. This is to protect the presumptive legitimes of
the legitimate descendants of the concerned spouse. This
rule WILL NOT APPLY if the descendants are
From the Lectures of Atty. Lydia Galas and Book of Pineda
JENNICA GYRL G. DELFIN NOTES
illegitimate. But the properties ACQUIRED during the
marriage of the concerned spouse even if he or she has
legitimate descendants by a former marriage shall form
part of the community property.
The intention is merely to prevent the merger or
confusion of the property acquired during the first
marriage and those acquired during the second marriage
which form part of the absolute community of property.
Article 93. PRPERTY ACQUIRED DURING THE
MARRIAGE IS PRESUMED TO BELONG TO HE
COMMUNITY PROPERTY UNLESS IT IS PROVED
THAT IT IS ONE OF THOSE EXCLUDED
THEREFROM.
NOTE:
All properties of the spouses are PRESUMED
communal property UNTIL the contrary is
proved.
The presumption applies until the liquidation of
the community property.
It is not necessary to prove that the property was
acquired with funds of the community
The person who invokes the presumption must
first prove that the subject property was acquired
during the marriage.
In the absence of the proof that the property was
acquired during the coverture, the presumption
will not apply and the fact that the property is
registered in the name of one spouse only is
indicative that it is an exclusive property of said
spouse.
The presumption not being conclusive is
rebuttable but only by a CLEAR,
SATISFACTORY and CONVINCING
EVIDENCE
The burden of proving that a property is exclusive
rests upon him who so avers. The presumption
applies even if the spouses are living separately.
If evidence is insufficient, the presumption
prevails and the property is deemed communal
property.
94-104
CHAPTER 4
CONJUGAL PARTNERSHIP OF GAINS
SECTION 1. GENERAL PROVISIONS
Article 105. RULE THAT GOVERNS THE
CONJUGAL PARTNERSHIP OF GAINS
This regime must be agreed upon in the marriage
settlements to govern the property relations of the
future spouses. The Conjugal Partnership of
Gains automatically governs the property regime
of marriages, without any prior stipulated
settlements, entered into before the effectivity of
the Family Code. After the effectivity of the
Family Code, the Absolute community of
Property shall automatically govern their
property relations provided that the parties have
not chosen any regime.
The terms and conditions in the marriage
settlements shall primarily govern the conjugal
partnership of gains. The provisions of the Family
Code shall only be supplementary.
Chapter 4 shall be applicable to conjugal
partnership of gains existing before the effectivity
JENNICA GYRL G. DELFIN NOTES

of the Family Code and shall remain as such
without conversion to the absolute community.
Article 106.
CONJUGAL PROPERTY OF GAINS it is a
partnership established through the marriage of a man and
a woman, who as partners, place in a common fund
1. the proceeds, products, fruits and income from
their separate properties
2. those acquired by either or both of them through
their efforts
3. those acquired by them by chance and at the
dissolution thereof, the parties shall divide the net
gains equally unless otherwise agreed upon in
their marriage settlements.
NATURE OF INTEREST IN THE PARTNERSHIP OF
GAINS
The interest of each spouse in the conjugal partnership
property is merely inchoate until the liquidation. Thus, the
interest of a spouse in the conjugal partnership cannot be
sold as it is a mere expectancy until it appears that there
are assets in the community after liquidation and
settlements
Article 107. ARICLES 88 AND 89 SHALL APPLY
Like the Absolute Community of Property, the Conjugal
partnership of gains exist at the precise moment of the
celebration of the marriage. (Article 88). No waiver of
rights, interests, shares and effects of the conjugal
partnership during the marriage can be made EXCEPT in
a judicial separation of property. (Article 89)
Article 108.
The primary rules that will govern conjugal partnership of
gains will be the TERMS AND CONDITIONS OF THE
FAMILY CODE (Article 105). Chapter 4 of the Family
Code (Articles 105 131) shall only be supplementary.
The law on partnership may be applied but only on
suppletorily in matters not determined in the marriage
settlements and family code.
SECTION 2. EXCLUSIVE PROPERTY OF EACH
SPOUSE
Article 109. The following shall be the exclusive
property of each spouse: BAAP
1. That which is brought to the marriage as his or
her own. these are the properties which the
spouses already owned before and which they
brought to the marriage. A property purchased
before the marriage and fully paid during the
marriage remains to be a separate property of the
owner spouse.
2. That which each acquires during the marriage by
gratuitous title
those acquired by the spouses through testate or
intestate succession or by donation
3. That which is acquired by right of redemption, by
barter or by exchange with property belonging to
only one of the spouses
repurchase
if conjugal funds were used in the redemption there
shall be reimbursement upon liquidation of the
partnership
4. That which is purchased with exclusive money of
the wife or the husband.
From the Lectures of Atty. Lydia Galas and Book of Pineda
JENNICA GYRL G. DELFIN NOTES
property purchased with the use of the exclusive money
of either spouse
Article 110. OWNERSHIP OF EXCLUSIVE
PROPERTIES OR TRANSFER OF
ADMINISTRATION
Neither spouse may administer the exclusive properties of
the other without the consent of the other. During the
marriage, the souse may transfer the administration of his
or her exclusive properties to the other by executing a
PUBLIC INSTRUMENT which must be recorded in the
registry of property of the place where the property is
located.
MAY THE ADMINISTRATION BE TRANSFERRED
TO A 3rd PERSON?
Yes, there is no prohibition. Either spouse may transfer
the administration of his or her exclusive property to a
third person instead of the other spouse.
Article 111. RIGHT TO DISPOSE AND ENCUMBER
EXCLUSIVE PROPERTY
Either spouse may dispose his or her exclusive property.
He or she can sell, mortgage or encumber it without the
consent of the other. If more than 18 but below 21, as long
as he or she is already emancipated under Art.234 of the
FC, he or she can dispose of his or her exclusive
properties alone.
Article 112. While the administration of the exclusive
property of a spouse may be transferred to the other
(Article 110), the right of the former to dispose of his or
her property is not affected. The delegation is however
automatically terminated upon the alienation of the
property under administration and the proceeds thereof
must be turned over to the spouse-owner if paid to the
designated administrator.
Article 113. ACQUISITIONS BY GRATITOUS TITLE
ARE EXCLUSIVE PROPERTY
Property donated or inherited by will by the spouses
jointly and with designation of determinate shares shall
respectively belong to each exclusively. If theres no
designation of determinate shares, the same will be
divided equally between them. However, if the donor
does not provide otherwise, there is a right of accretion.
The right of accretion takes place when either spouse:
1. Refuses to accept
2. Is incapacitated to accept
3. Predeceases or dies before the perfection of the
donation
Article 114.
A donation though subject to charges is an exclusive
property but he or she has an obligation to reimburse the
amount advanced by the conjugal partnership for the
charges on the property at the time of liquidation of the
partnership.
JENNICA GYRL G. DELFIN NOTES

Article 115.
THE FOLLOWING ARE CONSIDERED
GRATUITOUS AND ONEROUS ACQUISITIONS
WHETHER OR NOT THEIR ESTABLISHMENT WAS
FOR FREE OR FOR A CONSIDERATION:
1. Benefits
2. Pensions
3. Gratuity
4. Annuity
5. Usufructs
6. Life insurance benefits
7. SSS
If for free, the rules on GRATUITOUS ACQUISITION
SHALL GOEVERN. If for a consideration, then the rules
on ONEROUS ACQUISITION SHALL GOVERN.
Thus if the mentioned above are acquired during the
marriage by gratuitous title, they are EXCLUSIVE
PROPERTIES. If acquired during the marriage by
onerous title such as by contributions to a pension fund
salary deductions or at the expense of the common funds,
they are CONJUGAL PROPERTIES.
SECTION 3. CONJUGAL PARTNERSHIP OF
PROPERTY
Article 116. ACQUISITIONS DURING THE
MARRIAGE ARE PRESUMED CONJUGAL
Presumption only applies if acquisition was during the
marriage. Whether the acquisition appears to have been
MADE, CONTRACTED, OR REGISTERED in the
name of one or both spouses, the presumption is that the
property is conjugal.
HOW CAN PRESUMPTION BE OVERCOME? The
presumption is overcome by only by strong, clear and
convincing evidence. Failure to present a proof will make
the presumption that the property is conjugal prevail
despite the fact that the property was contracted or
registered in the name of only one of them.
Article 117. THE FOLLOWING ARE CONJUGAL
PARTNERSHIP PROPERTIES
1. Those acquired by onerous title during the
marriage at the expense of the common fund,
whether the acquisitions be for the partnership or
for only one of the spouses.
these must be acquired not before or after but DURING
the marriage at the expense of the common funds and not
of the exclusive funds of either spouse. If acquired thru
the use of exclusive funds, they become exclusive
properties.
2. Those obtained from the labor, industry, work or
profession of either or both spouses.
Salaries of spouses constitute conjugal partnership
property and all earnings before liquidation of
partnership.
3. The fruits, natural, industrial or civil, due or
received during the marriage from the common
property, as well as the net fruits from the
exclusive property of each spouse.
Only net income or fruits of exclusive property of the
spouses become conjugal.
if fruits from exclusive property are received before the
marriage, hey are separate property.
If received during the marriage, the net fruits are
conjugal
From the Lectures of Atty. Lydia Galas and Book of Pineda
JENNICA GYRL G. DELFIN NOTES
4. The share of either spouses in the hidden treasure
which the law awards to the finder or owner of
the property where the treasure is found.
Finder of treasure by chance on the property of the
other or of the State is entitled to thereof.
If treasure is part of the Japanese treasure, the finder is
entitled to 25% and 75% go to the government
5. Those acquired through occupation such as
fishing or hunting
The theory is that animals in the forest and fishes in the
sea do not belong to anyone, and if one of the spouses
catches any of them, the benefit is not his alone but for the
conjugal partnership.
6. Livestock existing upon the dissolution of the
partnership in excess of the number of each kind
brought to the marriage by other spouse
7. Those which are acquired by chance, such as
winnings from gambling or betting. However,
losses therefrom shall be borne exclusively by the
loser-spouse.
All property acquired by chance such as winnings in
gambling whether prohibited or not shall be conjugal
property. Loses shall be borne to the loser. Winnings in
lottery is conjugal even if the ticket was purchased out of
the exclusive funds of the holder.
Article 118. PROPERTY BOUGHT ON
INSTALLMENT BASIS IF PARTLY PAID FROM
MIXED FUNDS
What should be remembered is the time when full
ownership is vested.
If it was vested before the marriage, the owner is the
buyer-spouse. If vested during the marriage, the conjugal
partnership is the owner. Any amount advanced by the
partnership or by either or both of them shall be
reimbursed by the owner upon liquidation of the property.
Article 119. COLLECTIBE CREDITS PAYABLE ON
INSTALLMENTS WITH INTERESTS
If a spouse has some collectible credits, the sums paid
during the marriage in partial payments or by installments
on the principal shall be EXCLUISVE PROPERTY. But
the interest, falling due and collected during the marriage
shall belong to the conjugal partnership.
Article 120. THIS ARTICLE ONLY APPLIES:
1. When improvements are introduced on the
exclusive property of either spouse
2. At the expense of either the conjugal partnership
or through the acts or efforts of either or both
spouses.
It is important to note which is bigger or greater:
a. The value of the property just before the
improvement was made or
b. Its value after the improvement including the cost
RULES IN CASES OF IMPROVEMENT O
EXCLUSIVE PROPERTY:
1. If A is greater, the whole thing belongs to the
owner spouse, without prejudice to
reimbursement of the conjugal partnership
2. If B is greater, the whole thing belongs to the
conjugal partnership but the owner-spouse must
be reimbursed.
Reimbursement will be made at the time of the liquidation
of the property.
JENNICA GYRL G. DELFIN NOTES

SECTION 4.
CHARGES UPON AND OBLIGATIONS OF THE
CONJUGAL PARTNERSHIP
Article 121. THE CONJUGAL PARTNERSHIP SHALL
BE LIABLE FOR:
1. Support of the common children and the
legitimate children of either spouse. The support
for illegitimate children shall be governed by the
Code on Support.
2. Debts and obligations contracted by one without
the consent of the other to the extent that the
family benefited
3. Debts and obligations contracted during the
marriage by administrator spouse, both spouses
or one with the consent of the other
4. Taxes and expenses including the minor and
major repairs upon the conjugal property
5. All taxes and expenses for mere preservation
made during the marriage upon the separate
property of either spouse
6. Expenses to enable either spouse to complete a
professional, vocational or other activity for self-
improvement
7. Ante-nuptial debts of either spouse as long as
they have redounded to the benefit of the family
8. Value of what is donated or promised by both
spouses in favor of their common children for
completing a professional or vocational course.
9. Expenses of litigation between spouses unless the
suits is found to be groundless
If the conjugal partnership is insufficient the foregoing
liabilities, the spouses shall be liable for unpaid balance
with their separate properties.
Article 122. WHAT SHALL NOT BE CHARGED
AGAINST THE CONJUGAL PARTNERSHIP?
1. Personal debts incurred before or after the
marriage except insofar as they benefited the
family
2. Fines and pecuniary indemnities upon them
WHEN CONJUGAL PARTNERSHIP IS LIABLE?
1. Personal debts of either spouse before the
marriage which redounded to the benefit of the
family
2. Fines and indemnities imposed upon them
3. Support of illegitimate children of either spouse
which may be enforced against partnership assets
on the following conditions:
a. The nine liabilities mentioned in Art 121
have been satisfied first
b. The debtor-spouse has no exclusive property
or is insufficient
Reimbursement is made upon the liquidation of the
partnership.
Article 123. LOSES SHALL BE BORNE BY THE
LOSER AND THE WINNING SHALL FORM PART
OF THE CONJUGAL PPARTNERSHIP
Article 124. GR: administration of the conjugal parties
belongs to both spouses
EXCEPTION: In case of conflict, the husbands decision
shall prevail but the wife may go to court for proper
remedy.
From the Lectures of Atty. Lydia Galas and Book of Pineda
JENNICA GYRL G. DELFIN NOTES
This provision cant be applied to regime of complete
separation of property because in that regime, spouses are
expressly authorized to dispose their separate properties
without the consent of the other.
EXCEPTION TO THE EXCEPTION: Husband may
dispose of conjugal property without the wifes consent if
such sale is necessary for conjugal liabilities mentioned in
Art. 161-162 of the Civil Code
TWO DILIGENCE TO BE OBSERVED BY A BUYER
OF A CONJUGAL PROPERTY
1. The diligence in verifying the validity of the title
covering the property
2. The diligence in inquiring into the authority of the
transacting spouse to sell conjugal property in
behalf of the other spouse
If one spouse is incapacitated or otherwise unable to
participate, the other spouse is given sole administration.
But disposition without judicial or marital authority is not
allowed otherwise said disposition is void but because of
the continuing offer, the contract may be considered valid
unless the offer is withdrawn.
Article 125. GR: Neither spouse may donate any
conjugal partnership without the consent of the other,
EXCEPTION: Either spouse may donate any conjugal
partnership without the consent of the other for a. charity
b. family distress and rejoicing
SECTION 6.
DISSOLUTION OF CONJUGAL PARTNERSHIP
REGIME
Article 126. COJUGAL PARTNERSHIP
TERMINATES:
1. Upon the death of either spouse
Liquidation must be made within one year from the
death of the deceased spouse. Without liquidation, any
disposition is void.
2. When there is a decree of legal separation
decree of legal separation must be obtained from court,
then regime is dissolved then liquidation follows.
3. When the marriage is annulled or declared void
4. In case of judicial separation of property during
the marriage under Articles 134-138.
Article 127. See Article 100. SEPARATION DE FACTO
Article 128. ABANDONMENT
May petition the court for
1. Receivership
2. Judicial separation of property
3. Sole authority to administer conjugal partnership
PRIMA FACIE PRESUMPTION:
1. Spouse left the conjugal dwelling without just
cause for a period of three months
2. Within that period, the spouse never gave any
information as to his/her whereabouts
JENNICA GYRL G. DELFIN NOTES
 JENNICA GYRL G. DELFIN NOTES
SECTION 7. and as they are deprived of its possession or enjoyment
LIQUIDATION OF CONJUGAL PARTNERSHIPS during the liquidation of the partnership in the
ASSETS AND LIABILITIES administration proceedings of the estate of the deceased
spouse and pending conclusion of said proceedings, it is
Article 129. SEE ARTICLE 102. SAME WITH logical and just that they be given advancements in the
ARTICLE 102 EXCEPT PARAGRAPHS 2, 3 AND 6. meantime from its fruits.
2. Advances by the Conjugal partnership NOTE:
if the conjugal partnership made advances for the The support or advances received by the widow
payment of personal debts of either spouse, the same shall or widower and the children from the conjugal
be credited to the conjugal partnership as asset thereof. No estate shall be charged against the fruits or rents
need for reimbursement since it will be deducted from the pertaining to them. In other words, they are
shares of the debtor-spouse upon liquidation considered ADVANCES FROM THEIR
3. Reimbursement for use of exclusive funds. There is SHARES.
reimbursement in the following: During the liquidation of inventoried properties
belonging to the conjugal partnership, the needed
SUPPORT IN ARTICLE SUPPORT UNDER
support for the surviving spouse and all the
133 TITLE VIII
children without distinction will come from the
Support is used in the sense The obligation to furnish common mass of property and this will be until
of MERE support under TITLE VIII what belongs to them is delivered, PROVIDED,
ADVANCEMENT to be ceases upon the death of the liabilities of the partnership do not exceed its
deducted from the the obligor even if he may assets.
respective shares be bound to give it in
If there are more liabilities than assets, there can
pertaining to the surviving compliance with a final
be no support or allowance during the liquidation
spouse and the children in judgment
for that would be prejudicial to the creditors of
the conjugal properties
the estate.
under liquidation
a) If the exclusive funds of a spouse are used ofr the Article 134. WHEN A SEPARATION PROPERTY IS
acquisition of a property BE ALLOWED?
b) If the ownership of an exclusive property has GENERAL RULE: separation of property is not allowed
been vested by law in conjugal partnership EXCEPTIONS: (when allowed?)
6. Conjugal funds liable for loss or deterioration of 1. When it is expressly agreed upon in the marriage
movables even if same is due to fortuitous event settlements
loss or deterioration of movables used for the benefit of 2. By judicial order
the family belonging to either spouse shall be paid from NOTE:
the conjugal funds
Thus, the parties without the intervention of the
EXCEPTION: if the spouse had already been paid from
court cannot agree on a regime of separate
other sources, the conjugal funds shall not be used
property during the marriage. If they do, the
anymore.
agreements is VOID.
Article 130. SEE ARTICLE 103.
Article 131. SEE ARTICLE 104.
Article 132. THE RULES OFCOURT SHALL APPLY
ON THE APPRAISAL AND SALE OF CONJUGAL
PROPERTY
SEC 2, RULE 75 OF THE RULES OF COURT the
property to be administered and liquidated in testate or
intestate proceeding of the deceased spouse is not only
that part of the conjugal estate belonging to the deceased
spouse but the entire conjugal estate.
IN MATTERS INVOLVING:
1. Appraisal
2. Sale of property of the conjugal partnership
3. Other matters not expressly determined by the
family code, the rules of court shall govern.
APPRAISAL is covered by rule 83 and sale of property
by rule 89 of the new rules of court

Article 133. SUPPORT SHALL BE GIVEN TO THE

SURVIVING SPOUSE AND TO THE CHILDREN
DURING THE LIQUIDATION OF THE
INVENTORIED PROPERTY
REASON:
The reason for the law is that upon the death of either
spouse, the conjugal partnership is terminated and the
surviving spouse and the children become co-owners of
the conjugal property and as such are entitled to its fruits

From the Lectures of Atty. Lydia Galas and Book of Pineda JENNICA GYRL G. DELFIN NOTES