UP Solid Civil Law Reviewer

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SUCCESSION OBLIGATIONS CONTRACTS PROPERTY SALES AGENCY PARTNERSHIP

TORTS & DAMAGES PERSONS & FAMILY RELATIONS LAND TITLES & DEEDS CREDIT TRANSACTIONS PRIVATE INTERNATIONAL LAW

CIVIL LAW 2010

Copyright and all other relevant rights over this material are

owned jointly by the University of the Philippines College of

Law, the Faculty Editor and the Student Editorial Team.

The ownership of the work belongs to the University of the

Philippines College of Law. No part of this book shall be

reproduced or distributed without the consent of the UP

College of Law.

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CIVIL LAW REVIEWER

PERSONS & FAMILY RELATIONS

SUCCESSION

OBLIGATIONS

CONTRACTS

PROPERTY

LAND TITLES and DEEDS

SALES

CREDIT TRANSACTIONS

AGENCY

PARTNERSHIP

TORTS & DAMAGES

PRIVATE INTERNATIONAL LAW

2

P E R S O N S & F A M IL Y R E L A T IO N S

PERSONS & FAMILY RELATIONS

3 Chapter I. Civil Personality

I. CONCEPT AND CLASSES OF PERSONS A. NATURAL PERSONS

B. JURIDICAL PERSONS

II. CAPACITY AND RESTRICTIONS THEREON A. PRESUMPTIONS OF CAPACITY B. RESTRICTIONS 1. MINORITY 2. INSANITY 3. BEING DEAF-MUTE 4. PRODIGALITY 5. CIVIL INTERDICTION 6. FAMILY RELATIONS 7. ABSENCE

I. Concept and Classes of Persons

Concept of Persons—

 Personality is the quality derived from being a person; it is an attribute of persons.

Characteristics—

1. It is not a being, but a quality of certain beings.

1. It is not a physical element, but a juridical concept.

2. It is not an object of contract, or of possession, and cannot be impaired by agreement.

2. It is a matter of public interest.

Article 37, Civil Code. Juridical capacity, which is the fitness to be the subject of legal relations, is inherent in every natural person and is lost only through death. Capacity to act, which is the power to do acts with legal effect, is acquired and may be lost.

Kinds of Juridical Capacity— 1. Juridical Capacity:

 aka as Legal Capacity/Personality = Fitness of man to be the subject of legal relations

 It refers to the aptitude for the holding and enjoyment of rights.

 It is inherent in every natural person and is lost only through death. This attaches to man by the mere fact of his being a man.

2. Capacity to Act:

 It refers to the power to do acts with legal effect.

 It is conditional and variable. It is acquired and may be lost. It requires both intelligence and will.

Note: Juridical capacity can exist even without capacity to act; the existence of

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PERSONS & FAMILY RELATIONS TEAM Prof. Carolina Austria

Faculty Editor Anisah Azis Karen Torres Lead Writer Dana Crisostomo Jaimmie Hans Nathan Pico Zharmai Garcia Rowena Yang Margie Lim Jiselle Compuesto Mickey Chatto Eden Mopia Faye Celso Mark Oyales Camille Umali JC Punongbayan Mary Beley Aboy Bayalan Welga Carrasco Joan Batimana Writers CIVIL LAW Kristine Bongcaron Patricia Tobias Subject Editor ACADEMICS COMMITTEE Kristine Bongcaron Michelle Dy Patrich Leccio Editors-in-Chief

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DESIGN & LAYOUT Pat Hernandez Viktor Fontanilla Rusell Aragones Romualdo Menzon Jr. Rania Joya LECTURES COMMITTEE Michelle Arias Camille Maranan Angela Sandalo Heads Katz Manzano Sam Nuñez Arianne Cerezo

Mary Rose Beley Krizel Malabanan Marcrese Banaag

Volunteers

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BAR CANDIDATES WELFARE Dahlia Salamat LOGISTICS Charisse Mendoza SECRETARIAT COMMITTEE Jill Hernandez Head Loraine Mendoza Mary Mendoza Faye Celso Joie Bajo Members

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the latter implies that of the former. The capacity or incapacity of persons depends upon the law. Both juridical capacity and capacity to act are not rights but qualities of persons; hence, they cannot be renounced.

A. Natural Persons (asked in ’99 bar exam) General Rule: Birth determines personality (Art

40). Death extinguishes civil personality (Art 42).

Exception: a “conceived child shall be considered born for all purposes that are FAVORABLE to it, provided it be born later” (Art 40, 2nd clause) with the following circumstances:

a. From the time it is completely delivered from the mother's womb.

b. But if the fetus had an intra-uterine life of less than seven months, it should survive for at least 24 hours after its complete delivery. (Art. 41, CC)

Article 40, Civil Code. Birth determines personality; but the conceived child shall be considered born for all purposes that are favorable to it, provided it be born later with the conditions specified in the following article.

Birth = complete removal of the fetus from the mother’s womb; before birth, a fetus is merely part of the mother’s internal organs

Personality of Conceived Child—

1. Limited = only for purposes FAVORABLE to it

2. Conditional = it depends upon the child being born alive later

Period of Conception = the first 120 days of the 300 days preceding the birth of the child A conceived child can acquire rights while still in the mother’s womb. It can inherit by will or by intestacy.

Geluz v CA, (1961)—

An aborted fetus had conditional personality but never acquired legal rights/civil personality because it was not alive at the time of delivery from the mother’s womb. No damages can be claimed in behalf of the unborn child.

Article 41, Civil Code For civil purposes, the fetus is considered born if it is alive at the time it is completely delivered from the mother's womb. However, if the fetus had an intra-uterine life of less than seven months, it is not deemed born if it dies within twenty-four hours after its complete delivery from the maternal womb.

Complete respiration = test/sign of independent life

Note: For a fetus that had an intra-uterine life of less than seven months, it is necessary that it lives for at least 24 hours, for it to be considered born.

Article 42, Civil Code. Civil personality is extinguished by death.

The effect of death upon the rights and obligations of the deceased is determined by law, by contract and by will.

People v. Tirol, (1981)—

Criminal liability ends with death BUT civil liability may be charged against the estate.

Article 43, Civil Code. If there is a doubt, as between two or more persons who are called to succeed each other, as to which of them died first, whoever alleges the death of one prior to the other, shall prove the same; in the absence of proof, it is presumed that they died at the same time and there shall be no transmission of rights from one to the other.

Note: Article 43 provides a statutory presumption when there is doubt on the order of death between persons who are called to succeed each other (only).

Joaquin v. Navarro, (1948)—

The statutory presumption of Article 43 was not applied due to the presence of a credible eyewitness as to who died first.

Presumption in the Rules of Court (Rule 123, sec. 69, par. ii)—

Age Presumed Survivor

1. Both under 15 Older 2. Both above 60 Younger 3. One under 15, the

other above 60

One under 15 4. Both over 15 and

under 60; different sexes

Male

5. Both over 15 and under 60; same sex

Older 6. One under 15 or

over 60, the other between those ages

One between 15 and 60

Note: Applicable only to two or more persons who perish in the same calamity, and it is not shown who died first, and there are no particular circumstances from which it can be inferred.

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P E R S O N S & F A M IL Y R E L A T IO N S B. Juridical Persons

Juridical Persons (Art 44, Civil Code)— 1. The State and its Political subdivisions; 2. Other Corporations, Institutions and Entities

for public interest or purpose, created by law;

3. Corporations, Partnerships, and Associations for private interest or purpose to which the law grants a juridical personality.

Governing Laws (Art 45, Civil Code)—

Juridical Person Governed by

1. State Constitution (defines its organization and limits its rights vis-à-vis citizens) 2. Political

Subdivision

Charter creating them 3. Public

Corporation

Charter creating them 4. Private

Corporation

Corporation Code, Articles of Incorporation and By-Laws 5. Partnerships Stipulations of the parties and

suppletorily by the general provisions on partnership of the Civil Code

Rules—

1. Juridical persons may acquire and possess property of all kinds, incur obligations, and bring civil or criminal actions (Art. 46, CC)

2. Upon dissolution of corporations or institutions and other entities for public interest, their property and assets shall be disposed of in pursuance of the law or charter creating them. (Art. 47, CC)

II. Capacity to

Act

and

Restrictions

Thereon

A. Presumption of Capacity Standard Oil Co. v. Arenas, (1911)—

Capacity to act is presumed until the contrary is proven, and that it be the reason for the specific act attributed. Proof of restriction: habituality, presence at the time, no other cause

B. Restrictions

Article 38, Civil Code. Minority, insanity or imbecility, the state of being a deaf-mute, prodigality and civil interdiction are mere restrictions on capacity to act, and do not exempt the incapacitated person from certain obligations, as when the latter arise from his acts or from property relations, such as easements.

Article 39, Civil Code. The following circumstances, among others, modify or limit capacity to act: age, insanity, imbecility, the state of being a deaf-mute, penalty, prodigality, family relations, alienage, absence, insolvency and trusteeship. The consequences of these circumstances are governed in this Code, other codes, the Rules of Court, and in special laws.

Capacity to act is not limited on account of religious belief or political opinion.

A married woman, twenty-one years of age or over, is qualified for all acts of civil life, except in cases specified by law.

General Rule: Incapacitated persons are not exempt from certain obligations arising from his acts or property relations.

________________ 1. Minority

RA 6809 (1989): An act lowering the age of majority from twenty-one to eighteen years. Effects on Contracts—

a. they cannot give consent to a contract [Art 1327 (1), CC]

b. a contract where one of the parties is a minor is voidable [Art 1390(1),CC] c. a contract is unenforceable when both

of the parties are minors (incapable of giving consent) [Art 1403(3), CC]

d. minority cannot be asserted by the other party in an action for annulment (Art 1397, CC)

e. not obliged to make restitution except insofar as he has been benefited (Art 1399, CC)

f. minor has no right to demand the thing/price voluntarily returned by him (Art 1426, CC)

g. minor has no right to recover voluntarily paid sum or delivered thing, if consumed in good faith (Art 1427, CC) h. must pay reasonable amount for

necessaries delivered to him (Art 1489, CC)

Mercado v. Espiritu, (1918)—

Estoppel works against minors who misrepresent their ages in a contract and are compelled to comply with its terms.

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When a minor made no active misrepresentation as to his minority and such minority is known to the other party, the contract is voidable (Art 1403) as to the minor.

Braganza v. Villa Abrille, (1959)—

Minors are obliged to make restitution insofar as they have been benefited (Art 1399)

Effects on Marriage—

a. May not yet contract marriage (Art 5, FC)

b. marriages, where one of the parties is below 18, even with the consent of parents/guardians, are VOID (Art 35, FC)

2. Insanity

Insanity includes many forms of mental disease, either inherited or acquired. A person may not be insane but only mentally deficient (idiocy, imbecility, feeble-mindedness).

Effect on Contracts—

a. incapacity to give consent to a contract [Art 1327(2), CC]

b. contracts entered into during lucid intervals are valid (Art. 1328, CC) c. restitution of benefits (Art 1399, CC)

Effect on Crimes—

a. General rule: EXEMPTED from criminal liability

b. Exception: acted during lucid interval

Effect on Marriage—

a. may be annulled if either party was of unsound mind unless the such party after coming to reason, freely cohabited with the other [Art 45(2), FC]

b. action for annulment of marriage must be filed by the sane spouse who had no knowledge of the other’s insanity; or by any relative/guardian of the insane; or by the insane spouse during a lucid interval or after regaining sanity [Art 47(2), FC]

3. State of Being Deaf-Mute

a. cannot give consent to a contract if he/she also does not know how to write [Art 1327(2), CC]

b. can make a valid WILL, provided: the contents of the same have either been

read personally by him or communicated to him by 2 persons (Art 807, CC) c. cannot be a witness to the execution of

a will (Art 820, CC) 4. Prodigality

Martinez v. Martinez, (1902)—

A spendthrift or a prodigal is “a person, who, by excessive drinking, gambling, idleness or debauchery of any kind shall so spend, waste or lessen his estate as to expose himself or his family to want or suffering.” The acts of prodigality must show a morbid state of mind. Note: It is not the circumstance of

prodigality, but the fact of being under guardianship that restricts capacity to act.

5. Civil Interdiction

a. It is an accessory penalty imposed upon persons who are sentenced to a principal penalty not lower than

reclusion temporal (article 41, Revised Penal Code).

b. offender is deprived of rights of parental authority, or guardianship, of marital authority, of the right to manage his property and of the right to dispose of such (Art 34, RPC)

c. for the validity of marriage settlements, the participation of the guardian shall be indispensible (Art 123, CC)

6. Family Relations

a. justifying circumstance if acted in defense of person/rights of spouse, ascendants, descendants, brothers/sisters, and other relatives up to the 4thcivil degree [Art 11(2), RPC] b. mitigating circumstance if acted in the

immediate vindication of a grave offense/felony committed against his spouse, ascendants or relatives of the same civil degree [Art 12(5), RPC] c. incestuous and void marriages:

 between ascendants and descendants of any degree;

 between brothers and sisters, whether full or half-blood. (Art 37, FC)

d. donations/grants of gratuitous advantage between spouses during the marriage shall be VOID, except moderate gifts during family occasions (Art 87, FC)

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e. descendants cannot be compelled to testify in a criminal case, against his parents and grandparents

 UNLESS: crime was against the descendant OR by one parent against the other (Art 215, FC) f. spouses cannot sell property to each

other, except:

 absolute separation is agreed upon in the marriage settlements

 judicial separation of property (Art 1490, CC)

7. Absence

Article 390, Civil Code. After an absence of seven years, it being unknown whether or not the absentee still lives, he shall be presumed dead for all purposes, except for those of succession. The absentee shall not be presumed dead for the purpose of opening his succession till after an absence of ten years. If he disappeared after the age of seventy-five years, an absence of five years shall be sufficient in order that his succession may be opened. (n)

Art. 391, Civil Code. The following shall be presumed dead for all purposes, including the division of the estate among the heirs:

1. A person on board a vessel lost during a sea voyage, or an aeroplane which is missing, who has not been heard of for four years since the loss of the vessel or aeroplane;

2. A person in the armed forces who has taken part in war, and has been missing for four years;

3. A person who has been in danger of death under other circumstances and his existence has not been known for four years.

Article 124, FC—

a. administration and enjoyment of the CPG shall belong to both spouses jointly

b. in case of disagreement, husband’s decision shall prevail, subject to recourse to the court by the wife for proper remedy

c. if one spouse is incapacitated/unable to administer, sole powers of administration may be assumed by the other spouse.

d. General Rule: This power does not include disposition/encumbrance.  Exception: judicial authority or

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P E R S O N S A N D F A M IL Y R E L A T IO N S

Chapter II. Citizenship and Domicile

(asked in ’75, ’81, ’87, ’93, ’05 and ’08 bar exams)

I. WHO ARE FILIPINO CITIZENS II. DOMICILE

A. REQUISITES OF DOMICILE B. KINDS OF DOMICILE

I. Who are Filipinos

1. Those who are citizens of the Philippines at the time of the adoption of the 1987 Constitution;

2. Those whose fathers or mothers are citizens of the Philippines;

3. Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and

4. Those who are naturalized in accordance with law. (Art IV, §1, 1987 Philippine Constitution)

Note: These have superseded the rules on citizenship enumerated in the Civil Code. Citizen = owes allegiance to the state and is entitled to its protection

II. Domicile

For Natural Persons—

the place of their habitual residence (Art. 50, CC).

For Natural Persons—

the place where their legal representation is established, or where they exercise their primary functions, unless there is a law or other provision that fixes the domicile (Art. 51, CC).

Domicile vs. Residence—

While domicile is permanent (there is intent to remain), residence is temporary and may be changed anytime (there is no necessary intent to remain).

________________

A. Requisites of Domicile (Callejo v. Vera)

1. Physical Presence

2. Intent to remain permanently (animus manendi)

B. Kinds of Domicile

1. Domicile of Origin

 Domicile of parents of a person at the time he was born.

2. Domicile of Choice

 Domicile chosen by a person, changing his domicile of origin.

 A 3rd requisite is necessary – intention not to return to one’s domicile as his permanent place.

3. Domicile by Operation of Law (i.e., Article 69, domicile of minor)

 Romualdez-Marcos vs. Comelec (1995)— A married woman does not lose her domicile to her husband.

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CIVIL LAW REVIEWER Chapter III. MARRIAGE

9 Chapter III. Marriage

I. DEFINITION AND NATURE OF MARRIAGE II. REQUISITES OF MARRIAGE

A. ESSENTIAL REQUISITES B. FORMAL REQUISITES

III. MARRIAGES SOLEMNIZED ABROAD IV. PRESUMPTION OF MARRIAGE

I. Definition and Nature of Marriage

(asked in ’91, ’92 and ’99 bar exams)

Definition of Marriage (Art 1 FC)—

What SPECIAL CONTRACT of permanent union

Who Between a MAN and a WOMAN How Entered into in accordance with LAW Purpose Establishment of CONJUGAL and

FAMILY life

Significance FOUNDATION of the family and an INVIOLABLE SOCIAL INSTITUTION whose nature, consequences and incidents are governed by law and not

subject to stipulations EXCEPT that

marriage settlements may fix the property relations during the marriage within the limits provided by this code. Breach of Promise to Marry —

(asked in ’09 bar exam)

1. As a general rule breach of promise to marry is not an actionable wrong

(Tanjanco v CA, Wassmer v Velez) and

cannot give rise to liability for damages in line with the principle of freedom of consent in marriage (Art 2(2) Family Code). (Reyes)

2. However damages may be claimed based on the principles laid down in Art 19-21 & 2176 of the CC

Art. 19, Civil Code. Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith.

Art. 20, Civil Code. Every person who, contrary to law, wilfully or negligently causes damage to another shall indemnify the latter for the same.

Art. 21, Civil Code. Any person who wilfully causes loss or injury to another in a manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage.

Art. 2176, Civil Code. Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called a

quasi-delict and is governed by the provisions of this Chapter.

 EXPENSES or other incidents that directly arose from the contract to marry can be claimed IF the breach of promise was done in a manner considered as contrary to morals, good customs or public policy (cost of wedding preparations). (Wassmer v Velez)  LOST WAGES arising from voluntary

dismissal in anticipation of marriage can be sued for. (Tanjanco v CA)

 EXPENSES made for the renovation of an anticipated conjugal home can be sued for. (Piccininni v. Hajus-US Jurisprudence)

II. Requisites of Marriage

(asked in ’76, ’82, ’89, ’90, ’99, ’02, ’04, ’07, and ‘09 bar exams)

A. Essential Requisites of Marriage Essential Requisites [LC]—

1. Legal Capacity of the contracting parties, who must be a male and a female

2. Consent (of the parties) freely given in the presence of a solemnizing officer. (Art. 2 FC)

Legal Capacity—

Male or female>=18, not under any impediments mentioned in Art 37 (incestuous marriage) & Art 38 (marriage against public policy), may contract marriage. (Art 5)

Must be Male and Female—

1. Jones v Hallahan, (1973): Application for marriage license was denied since marriage is defined by law as a contract entered into between a man and a woman.

2. Silverio v Republic, (2007): Changing of gender in one’s birth certificate was denied; otherwise, it would result in confusion and would allow marriage between persons of the same sex which is in defiance of the law, as marriage is a union between a man and a woman.

Note: The best source for citing the requirement (of male/female) is still statutory, as provided explicitly in the Family Code.

Consent Freely Given—

People v Santiago, (51 Phil 68): A marriage entered into by a person whose real intent is

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to avoid prosecution for rape is void for total lack of consent. The accused did not intend to be married. He merely used such marriage to escape criminal liability.

Absence and Defect of Essential Requisites—

Absence Defect

Effect VOID VOIDABLE

Illustration - marriage entered into by a person <18 (Art 35 (1)) - marriage entered into by persons of the same sex (Jones v Hallahan) - marriage contracted through mistake of one contracting party as to the identity of the other (Art 35 (5)) - consent of either party was obtained through fraud, force, intimidation or undue influence (Art 45 (3) (4)FC)

B. Formal Requisites of Marriage

Formal Requisites [AVC]— 1. Authority of Solemnizing Officer 2. A Valid marriage License 3. Marriage Ceremony (Art 4 FC) Authority of Solemnizing Officer—

1. Who may solemnize marriage: (JC-SPAMM)

a. Incumbent member of the Judiciary within his jurisdiction. (Art 7 FC)

b. Priest, Rabbi, Imam or Minister of any Church or Religious Sect. Must be:  Duly authorized by his church or

religious sect

 Registered with the civil registrar general

 Acting within the limits of the written authority granted to him by his church or religious sect.

 At least one of the contracting parties belongs to the solemnizing officer’s church or religious sect. (Art 7 FC)

c. Ship Captain or Airplane Chief may solemnize a marriage in articulo mortis between passengers or crew members (Art 7,31 FC)

d. A Military commander of a unit may solemnize marriages in articulo mortis between persons within the zone of military operation. (Art 7,32 FC)

e. Consul-general, consul or vice-consul may solemnize marriages between Filipino citizens abroad. (Art 7,10 FC) f. Municipal and City Mayors (LGC sec

444 and 455)

2. Marriage is void when solemnized by any person not legally authorized to perform marriages unless either or both parties believed in good faith that the solemnizing officer had legal authority to do so. (Art 35 (2))

3.

Absence & Irregularity of Authority of a solemnizing officer

Absence Irregularity

Effect VOID No effect on

validity but party responsible will be liable. Illustration - Marriage is

void when

solemnized by a priest not duly authorized by his Church to solemnize marriage. (Art 7 FC) - lack of valid notification of both parties desiring a ceremony in a remote place was held to be only a mere IRREGULARITY (Navarro vs. Domagtoy 1996) Marriage License—

1. Marriages Exempt from marriage license requirement (AREC)

a. Marriage in Articulo mortis (Art. 27, FC) b. Marriage in Remote and inaccessible

places (Art. 28, FC)

c. Marriages by Muslims and Ethnic cultural minorities provided they are solemnized in accordance with their customs, rites or practices. (Art. 33, FC) d. Marriage by parties who have Cohabited

for at least 5 years without any legal impediment. (Art. 34, FC, Ninal v Badayog (2000))

2. Absence & Irregularity of Marriage License Absence Irregularity

Effect VOID No effect on

validity but party responsible will be liable. Illustration - Issuance of the Civil Registrar of a CERTIFICATE - mere IRREGULARITIES in the marriage license, such as a

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CIVIL LAW REVIEWER Chapter III. MARRIAGE

11

P E R S O N S A N D F A M IL Y R E L A T IO N S Absence Irregularity DUE SEARCH AND INABILITY TO FIND the application of a marriage license means its absence, thus rendering the marriage VOID. (Republic v CA) - Before a marriage can be solemnized, a valid marriage license MUST FIRST BE PRESENTED, otherwise the marriage is VOID. (Moreno v Bernabe) typographical error, do not affect the validity of a marriage.

(Alcantara v

Alcantara)

3. Things to do at the local civil registrar: a. File an application of marriage license at

the proper local civil registrar. (Art. 11, FC)

b. Present birth or baptismal certificate. (Art. 12, FC)

c. If aged 18-21 years, present parental consent. (Art. 14, FC)

d. If aged 21-25, present parental advice. (Art. 15, FC)

e. If aged 18-25, present certificate of marriage counseling from your priest. (PD 965)

f. Pay the required fees. (Art 19, FC) g. If foreigner, present certificate of legal

capacity issued by diplomat or consular officials. (Art. 21, FC)

Marriage Ceremony—

1. No prescribed form or religious rite for the solemnization of marriage is required. (Art. 6, FC

 The couple's written agreement where they declare themselves as husband and wife, signed by them before a judge and two capable witnesses, even though it was independently made by them, still counts as a valid ceremony. (Martinez v Tan, 12 Phil 731)

2. Minimum requirements prescribed by law: (AP-PMS)

a. Appearance of contracting parties personally before the solemnizing officer (Art 3 FC)

b. Personal declaration that they take each other as husband and wife. (Art 3 FC) c. Presence of at least two witnesses of

legal age. (Art 3 FC)

d. The declaration shall be contained in the Marriage certificate. (Art 6 FC)

e. Marriage certificate shall be Signed by the contracting parties and their witnesses and attested by the solemnizing officer. (Art. 6, FC)

Note: In a marriage in articulo mortis, when one or both parties are unable to sign the marriage certificate, it shall be sufficient for one of the witnesses to write the name of said party, which shall be attested by the solemnizing officer. (Art 6, par. 2)

3. Places where marriage SHALL be solemnized: (CCO)

a. Chambers of Judge or an open court b. Church, Chapel or Temple

c. Office of the consul general, consul or vice consul (Art. 8, FC)

Exception:

a. Marriages in articulo mortis b. Marriages in remote places c. Written request from both parties.

III. Marriages Solemnized Abroad

General Rule—

Marriages solemnized abroad in accordance with the laws in force in that country shall be valid in the Philippines. (Art 26 FC)

Exceptions—

1. Marriage between persons below 18 years old – Art. 35(1)

2. Bigamous or polygamous marriage – Art. 35(4)

3. Mistake in identity – Art. 35 (5)

4. Marriages void under Article 53 – Art. 35 (6) 5. Psychological incapacity – Art. 36

6. Incestuous marriages – Art. 37

7. Marriage void for reasons of public policy – Art. 38

IV. Presumption of Marriage

1. Presumption in favor of a valid marriage ( Art 220 CC)

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2. The presumption that a man and a woman deporting themselves as husband and wife have entered into a lawful contract of marriage is satisfactory if uncontradicted. (Sec. 3 (aa), Rule 131, ROC)

3. In marriages of exceptional character, the existence of the marriage is presumed, even in the TOTAL ABSENCE of a marriage license. (Vda. De Jacob v CA, 1999)

4. if a marriage certificate is missing, and all

means HAVE NOT YET BEEN

EXHAUSTED to find it, then the marriage is presumed to exist (Sevilla v Cardenas, 2006)

5. Absence of a marriage certificate is not proof of absence of marriage. To prove the fact of marriage, the following would constitute competent evidence: (1) the testimony of witnesses to matrimony; (2) the couple’s public cohabitation; and (3) birth and baptismal certificates of children born during the union. (Trinidad v CA, 1998)

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CIVIL LAW REVIEWER Chapter IV. VOID MARRIAGES

13 Chapter IV. Void Marriages

I. GROUNDS

II. PERIOD TO FILE ACTION OR RAISE DEFENSE

III. EFFECTS OF NULLITY

I. Grounds

Art. 4(1): The absence of any essential or formal requisites shall render the marriage void ab initio, except as stated in Article 35 (a). VOID AB INITIO MARRIAGES:

A. Article 35 (Void from the Beginning)

1. Contracted by any party below eighteen years of age even with the consent of parents or guardians

2. Solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so.

Note: One’s belief in good faith that the solemnizing officer has the required authority is a mistake of fact, and not of law. 3. Solemnized without license, except in

marriages under exceptional circumstances 4. Bigamous or polygamous marriages not

falling under Article 41 (Art. 41: subsequent marriage by present spouse who obtained a declaration of presumptive death for absent spouse prior to the subsequent marriage) 5. There is a mistake as to the identity of the

other contracting party

6. Subsequent marriages that are void under Article 53 (Art 53: a subsequent marriage is null and void if prior to its celebration, it has not recorded in the civil registry and registries of property the items in Art. 52)

B. Article 36 (Psychological Incapacity)

 Contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, even if such incapacity becomes manifest only after its solemnization

 Republic v. Molina, (1997)

a. The burden of proof to show the nullity of the marriage belongs to the plaintiff. b. The root cause of the psychological

incapacity must be: (a) medically or

clinically identified, (b) alleged in the complaint, (c) sufficiently proven by the experts, (d) clearly explained in the decision.

Note: The new Supreme Court Rule on Declaration of absolute nullity of Void Marriages and annulment of Voidable Marriages (A.M. No. 02-11-10-SC, effective March 15, 2003 and Barcelona vs. CA (2003) provide that expert opinion is not a condition sine qua non for proof of psychological incapacity. The root cause may be proven by the totality of evidence in actual trial.

c. The incapacity must be proven to be existing at “the time of the celebration” of the marriage.

d. Such incapacity must also be shown to be medically or clinically permanent or incurable.

e. Such illness must be grave enough to bring about the disability of the party to assume the essential obligations of marriage.

f. The essential marital obligations must be those embraced by Articles 68 up to 71 of the Family Code as regards the husband and wife as well as Articles 220, 221, and 225 of the same Code in regard to parents and their children. g. Interpretations given by the National

Appellate Matrimonial Tribunal of the Catholic Church in the Philippines, while not controlling or decisive, should be given great respect by our courts. h. The trial court must order the

prosecuting attorney or fiscal and the Solicitor General to appear as counsel for the state. No decision shall be handed down unless the Solicitor General issues a certification.

Note: The new Supreme Court Rule on Declaration of absolute nullity of Void Marriages and annulment of Voidable Marriages (A.M. No. 02-11-10-SC, effective March 15, 2003 provide that the appearance of the prosecuting attorney or fiscal and the Solicitor-General is no longer mandatory.  Santos v. Bedia-Santos, (1995):

Laid down 3 characteristics for determining psychological incapacity: gravity, antecedent, and incurability.

 Tsoi v. CA, (1997)

Refusal of husband to have sex was interpreted to be PI. “A man who can but won’t is PI”

(28)

14

P E R S O N S A N D F A M IL Y R E L A T IO N S  Marcos vs. Marcos (2000)

Psychological incapacity maybe established by the totality of the evidence presented. Personal medical examination could be dispensed with.

 Republic vs. San Jose (2007)

There is no requirement that the respondent be medically examined first.

 Antonio v. Reyes, (2006):

“pathological liar”, Molina guidelines met.

C. Article 37 (Incestuous)

1. Between ascendants and descendants of any degree, legitimate or illegitimate

2. Between brothers and sisters, whether of the full or half blood, legitimate or illegitimate

D. Article 38 (Against Public Policy)

1. Between collateral blood relatives, legitimate or illegitimate, up to the fourth civil degree.

2. Between step-parents and step-children. Note: Stepbrothers and stepsisters can marry because marriages between them are not among those enumerated in article 38. 3. Between parents-in-law and

children-in-law.

4. Between adopting parent and adopted child.

5. Between the surviving spouse of the adopting parent and the adopted child. 6. Between the surviving spouse of the

adopted child and the adopter.

7. Between an adopted child and a legitimate child of the adopter.

8. Between adopted children of the same adopter.

9. Between parties where one, with the intention to marry the other, killed that other person's spouse, or his or her own spouse.

Relationships outside of Art. 37 and 38 which are not impediments to marriage: brother-in-law with sister-in-law, stepbrother with stepsister, guardian with ward, adopted with illegitimate child of the adopter, adopted son of the husband with adopted daughter of the wife, parties who have been convicted of adultery.

E. Article 41 (Bigamous Marriages, Absentee Spouse and Presumptive Death)

General Rule—

Marriage contracted by any person during the subsistence of a previous marriage is void.

Exceptions: The following subsequent marriage of the present spouse is valid:

1. Subsequent marriage due to ordinary absence where:

a. the prior spouse had been absent for 4 consecutive years;

b. the spouse present had a well-founded belief that absent spouse is dead; and c. judicial declaration of presumptive

death was secured (no prejudice to the effect of the reappearance of the absent spouse).

2. Subsequent marriage due to extraordinary absence where:

a. the prior spouse had been missing for 2 consecutive years;

b. there is danger of death attendant to the disappearance;

c. the spouse present had a well-founded belief that the missing person is dead; and

d. judicial declaration of presumptive death was secured (no prejudice to the effect of the reappearance of the absent spouse).

Note:

 Institution of a summary proceeding is not sufficient. There must also be a summary judgment. (BALANE)

 Only the deserted spouse can file or institute an action a summary proceeding for the declaration of presumptive death of the absentee (Bienvenido case)

 There must have been diligent efforts on the part of the deserted spouse to locate the absent spouse. These diligent efforts correspond to the requirement of the law for a well-founded belief.

Exception to the exception—

When both parties to the subsequent acted in bad faith (Art. 44)

Connected Provisions—

Art. 390, Civil Code. After an absence of 7 years, it being unknown whether or not the absentee still lives, he shall be presumed dead for all purposes, except for those of succession.

UP Solid Civil Law Reviewer

CIVIL LAW 2010

Copyright and all other relevant rights over this material are

owned jointly by the University of the Philippines College of

Law, the Faculty Editor and the Student Editorial Team.

The ownership of the work belongs to the University of the

Philippines College of Law. No part of this book shall be

reproduced or distributed without the consent of the UP

College of Law.

PERSONS & FAMILY RELATIONS

Table of Contents

SUCCESSION

Table of Contents

OBLIGATIONS

Table of Contents

CONTRACTS

Table of Contents

PROPERTY

Table of Contents

LAND TITLES and DEEDS

Table of Contents

SALES

Table of Contents

CREDIT TRANSACTIONS

Table of Contents

AGENCY

Table of Contents

PARTNERSHIP

Table of Contents

TORTS & DAMAGES

Table of Contents

PRIVATE INTERNATIONAL LAW

Table of Contents

2

PERSONS & FAMILY RELATIONS

Table of Contents

3

Chapter I. Civil Personality

I.

Concept and Classes of Persons

P

E

R

S

O

N

S

&

F

A

M

IL

Y

R

E

L

A

T

IO

N

S

4

5

II. Capacity to

Act

and

Restrictions

Thereon

6

7

8

Chapter II. Citizenship and Domicile

I.

Who are Filipinos

II. Domicile

9

Chapter III. Marriage

I.

Definition and Nature of Marriage

II. Requisites of Marriage