QuAMTO (1987-2022) CIVIL LAW

2. LEX REI SITAE

PERSONS AND FAMILY RELATIONS C. RETROACTIVITY OF THE LAW I. CONFLICT OF LAWS (2007 BAR)
(2011 BAR) (2014, 2012, 2011, 2009, 2007 BAR)
Q: Write "TRUE' if the statement is true or “FALSE” if the
statement is false. If the statement is FALSE, state the
I. PERSONS Q: Congress passed a law imposing taxes on income reason. Roberta, a Filipino, 17 years of age, without the
1. LEX NATIONALII
(2022, 2016, 2014, 2012, 2011, 2009, 2008, 2002 BAR) earned out of a particular activity that was not knowledge of his parents, can acquire a house in
(2014, 2012, 2011, 2009, 2007 BAR)
previously taxed. The law, however, taxed incomes Australia because Australian Laws allow aliens to
already earned within the fiscal year when the law took acquire property from the age of 16. (2007 BAR)
Q: On 01 Dec. 2000, Dr. Juanito Fuentes executed a
effect. Is the law valid? (2011 BAR)
holographic will, wherein he gave nothing to his
A. WHEN LAW TAKES EFFECT DOCTRINE A: TRUE. Since Australian Law allows aliens to acquire
recognized illegitimate son, Jay. Dr. Fuentes left for the
(2022, 2016, 2014, 2011, 2002 BAR) (a) No, because laws are intended to be property from the age of 16, Roberta may validly own a
United States, passed the New York medical licensure
prospective, not retroactive. house in Australia, following the principle of lex rei sitae
examinations, resided therein, and became a
(b) No, the law is arbitrary in that it taxes income enshrined in Art. 16, NCC which states: “Real property as
naturalized American citizen. He died in New York in
that has already been spent. well as personal property is subject to the law of the country
Q: Sec. 1 of P.D. NO. 755 states: 2007. The laws of New York do not recognize
(c) Yes, since tax laws are the lifeblood of the where it is situated.” Moreover, even assuming that legal
holographic wills or compulsory heirs. (2009 BAR)
nation. capacity of Roberta in entering the contract in Australia is
Section 1. Declaration of National Policy – It is hereby
(d) Yes, tax laws are an exception; they can be given governed by Philippine law under Art. 15, NCC, the contract
declared that the policy of the State is to provide readily (a) Can the holographic will of Dr. Fuentes be
retroactive effect. of sale is not void but merely voidable under the NCC.
available credit facilities to the coconut farmers at admitted to probate in the Philippines? Why or
Hence, even under Philippine law, she will acquire
preferential rates, that this policy can be expeditiously why not?
A: (d) YES, tax laws are an exception; they can be given ownership over the property she bought until the contract
and efficiently realized by the implementation of the
retroactive effect. (UPLC Suggested Answers) is annulled. (UPLC Suggested Answers)
“Agreement for the Acquisition of a Commercial Bank for A: YES, the holographic will of Dr. Fuentes may be admitted
the Benefit of the Coconut Farmers’ executed by the to probate in the Philippines because there is no public
ALTERNATIVE ANSWER:
Philippine Coconut Authority, the terms of which policy violated by such probate. The only issue at probate is
’Agreement’ are hereby incorporated by reference; xxx” D. MANDATORY OR PROHIBITORY LAWS the due execution of the will which includes the formal
FALSE. The Civil Code provides that laws relating to family
validity of the will. As regards formal validity, the only issue
rights and duties, or to the status, condition and legal
A copy of the Agreement was not attached to the the court will resolve at probate is whether or not the will
capacity of persons are binding upon the citizens of the
Presidential Decree. P.D. No: 755 was published in the was executed in accordance with the form prescribed by the
Philippines, even though living abroad. (Art. 15, NCC) The
Official Gazette but the text of the Agreement described E. WAIVER OF RIGHTS law observed by the testator in the execution of his will. For
age of majority under Philippine law is 18 years (Rep. Act
in Section 1 was not published. Can the Agreement in purposes of probate in the Philippines, an alien testator may
No. 6809), hence, Roberta, being only 17 years old, has no
question be accorded the status of a law? Explain. (2016 observe the law of the place where the will was executed
legal capacity to acquire and own land. (UPLC Suggested
BAR) (Art 17), or the formalities of the law of the place where he
Answers)
resides, or according to the formalities of the law of his own
A: NO, the Agreement cannot be accorded the status of a F. PRESUMPTION AND APPLICABILITY OF CUSTOM country, or in accordance with the Philippine Civil Code.
law. Art. 2 of the NCC provides that laws shall take effect (2011 BAR) (Art. 816) Since Dr. Fuentes executed his will in accordance 3. LEX LOCI CELEBRATIONIS
after 15 days following the completion of their publication with the Philippine law, the Philippine court shall apply the (2012 BAR)
in the Official Gazette unless it is otherwise provided. In NCC in determining the formal validity of the holographic
Nagkakaisang Maralitav v Military Shrine Services (G.R. Nos. will. The subsequent change in the citizenship of Dr. 4. DOCTRINE OF RENVOI
187587 & 187654, 05 June 2013), the Supreme Court held G. LEGAL PERIODS Fuentes did not affect the law governing the validity of his
that the addendum to the Proclamation issued by President will. Under the NCC, which was the law used by Dr. Fuentes,
Marcos has no force and effect considering that the same the law enforced at the time of execution of the will shall
was not published in the Official Gazette. Moreover, the govern the formal validity of the will. (Art. 795) (UPLC J. HUMAN RELATIONS IN RELATION TO PERSONS
Supreme Court in Cojuangco, Jr. v. Republic (G.R. No. 180705, Suggested Answers) (2022, 2020-21, 2014, 2011, 1996 BAR)
27 November 2012), which is on all fours with this case, H. TERRITORIALITY PRINCIPLE
ruled that while the Agreement was incorporated by (2012 BAR) (b) Assuming that the will is probated in the
reference, it was not reproduced or attached as an annex to Philippines, can Jay validly insist that he be Q: When one exercises a right recognized by law,
the law and therefore cannot be accorded to the status of a given his legitime? Why or why not? knowing that he thereby causes an injustice to another,
law. Publication of the full text of the law is indispensable the latter is entitled to recover damages. This is known
for its effectivity. (UPLC Suggested Answers) A: NO, Jay cannot insist because under New York law he is as the principle of (2011 BAR)
not a compulsory heir entitled to a legitime. The national
law of the testator determines who his heirs are, the order (a) Res ipsa loquitur
B. IGNORANCE OF THE LAW that they succeed, how much their successional rights are, (b) Damnum absque injuria
and whether or not a testamentary disposition in his will is (c) Vicarious Liability
valid. (Art 16, NCC) Since, Dr. Fuentes was a US citizen, the (d) Abuse of Rights
laws of the New York determines who his heirs are. And
since the New York law does not recognize the concept of A: (d) Abuse of Rights. (UPLC Suggested Answers)
compulsory heirs, Jay is not a compulsory heir of Dr.
Fuentes entitled to a legitime. (UPLC Suggested Answers)

1 U N I V E R S IT Y O F S A N T O T O M A S U N I V E R S IT Y O F S A N T O T O M A S 2
FACULTY OF CIVI L LAW 2023 GOLDEN NOTES
 QuAMTO (1987-2022) CIVIL LAW
Q: Janice and Jennifer are sisters. Janice sued Jennifer causes loss or injury to another in a manner that is contrary A: I will advise the grandparents that they may seek
and Laura, Jennifer’s business partner for recovery of to morals, good customs or public policy shall compensate damages from Marie on the basis of the principle in human K. CAPACITY TO ACT
property with damages. The complaint did not allege the latter for the damage. To walk out of the wedding on the relations that any person who willfully causes loss or injury (2022, 2020-21, 2019, 2014, 2013, 2012, 2011, 2008,
that Janice exerted earnest efforts to come to a day of its solemnization falls under Art. 21, NCC and may to another in a manner that is contrary to morals, good 2003 2000, 1999, 1998 BAR)
compromise with the defendants and that such efforts justify the award of moral damages. (Bar Q&A by customs, or public policy shall compensate the latter for the
failed. The judge dismissed the complaint outright for Paguirigan, 2023) damage. (Art. 21, NCC)
failure to comply with a condition precedent. Is the
Q: Which of the following is NOT included in the
dismissal in order? (2011 BAR) Q: Six tenants sued X, the landowner, for willfully Although Marie has the parental authority over her minor
attributes of juridical capacity? (2012 BAR)
denying them water for their farms, which water child, her promise to allow Noel to attend the party
a. No, since Laura is a stranger to the sisters, happened to flow from land under X’s control, his arranged by his grandparents only to renege on that
(a) Juridical capacity is inherent in every natural
Janice has no moral obligation to settle with intention being to force them to leave his properties. promise was an act which is contrary to good customs. In
person, and therefore it is not acquired.
her. addition, the promise given by Marie was the reason why
(b) Juridical capacity is lost only through death.
b. Yes, since court should promote amicable Is X liable for his act and why? (2011 BAR) the grandparents made arrangements and entered into
(c) Juridical capacity is the fitness to be the subject
settlement among relatives. contracts with the caterer and entertainers for which they
of legal relations.
c. Yes, since members of the same family, as (A) No, because the tenants must be content with incurred expenses. There was evident bad faith on the part
(d) Juridical capacity cannot exist without capacity
parties to the suit, are required to exert earnest waiting for rainfall for their farms. of Marie when she did not notify the grandparents that she
to act.
efforts to settle their disputes before coming to (B) No, since X owns both the land and the water. would not bring Noel to the party. Hence, there is a cause of
court. (C) Yes, because the tenants’ farms have the action for damages based on Art. 21. (Central Bar Q&A by
A: (d) Juridical capacity cannot exist without capacity to act.
d. No, the family council, which would ordinarily natural right of access to water wherever it is Paguirigan, 2023)
mediate the dispute, has been eliminated under located.
Q: A corporation which owns a hospital was sued along
the Family Code. (D) Yes, since X willfully caused injury to his Q: Sps. Magtanggol managed and operated a gasoline
with a physician for medical malpractice. The
tenants contrary to morals, good customs or station on a 1,000 sq.m. lot which they leased from
corporation moved to dismiss the case, arguing that it
A: A. (UPLC Suggested Answers) public policy. Francisco Bigla-awa. The contract was for a period of 3
was only the physician, as the natural person, who
years. When the contract expired, Francisco asked the
could be the subject of any kind of suit. In other words,
Q: A bride declined to appear on her wedding day. A: (D) Yes, since X willfully caused injury to his tenants spouses to peacefully vacate the premises. The spouses
the corporation argued that it was not a legal person. Is
Instead, she sent a note to her prospective groom, contrary to morals, good customs or public policy. (Bar Q&A ignored the demand and continued with the operation
the position of the corporation owning the hospital
saying that she needed to be honest to herself by by Paguirigan, 2023) of the gasoline station. One month after, Francisco, with
legally tenable? Explain briefly. (2020-21 BAR)
admitting that the institution of marriage was not her. the aid of a group of armed men, caused the closure of
The bride wrote that she came to this conclusion after Q: Noel is the son of Sps. Marie and Benedict. Benedict the gasoline station by constructing fences around it.
A: NO, the position of the corporation is not tenable. A
contemplating on the tweets of the #LabGuru. She also has passed away. For Noel’s 7th birthday, his paternal Was the act of Francisco and his men lawful? Why?
person may be natural or juridical. A corporation is a
wrote that to atone for her non-appearance, she would grandparents offered and pay for his birthday party. In (2014 BAR)
juridical person vested with the personality as soon as it is
post a glowing recommendation of the prospective coordination with Marie, the grandparents booked the
duly constituted in accordance with law. (Art. 44, NCC) As
groom as a partner on her Facebook, Twitter, party venue, signed the contacts with the caterer and A: No, the act of Francisco was not lawful. Even if the lessee's
such, it may acquire property and incur obligations and may
Instagram, and Tiktok accounts. The couple had the entertainers, finalized the guestlist, and paid all right to occupy the premises has expired, the lessor cannot
sue and be sued in its corporate name. (Art. 46, NCC)
previously dated for almost 8 years. The whole time, amounts due. Marie promised to them to bring Noel to physically oust the lessee from the leased premises if the
Moreover, in medical malpractice cases, the duty of
the prospective groom had been loyal and caring. It was the party. A week before the scheduled birthday party, latter refuses to vacate. The lessor must go through the
providing quality medical service is no longer the sole
the bride who covered all the wedding expenses. Marie decided that she would not bring Noel to the proper channels by filing an appropriate case for unlawful
prerogative and responsibility of the physician based on the
Heartbroken and embarrassed, the prospective groom party, and that she would instead take him on an out-of- detainer or recovery of possession. Every person has a
vicarious liability of the hospitals under the theories of
sued the prospective bride for moral damages, alleging town trip on the day of the party. Marie could never right' to be respected in his possession and should he be
respondent superior, apparent authority, or agency by
that she had breached her promise to marry him. Will forget that her parents-in-law initially opposed disturbed therein he shall be protected in or restored to said
estoppel. (Professional Services, Inc. vs. Agana, G.R. No.
the suit prosper? Explain briefly. (2020-21 BAR) Benedict’s marriage to her because she was a former possession by the means established by the laws and the
126297, 31 Jan. 2007) (Central Bar Q&A by Paguirigan, 2023)
burlesque dancer. Marie did not notify the Rules of Court (Article 539, Civil Code). The act of Francisco
A: YES, the suit will prosper. As a rule, breach of promise to grandparents of her plan to skip the birthday party. and his men constitute an abuse of rights because even if he
marry per se is not an actionable wrong. There must be an During the party, the grandparents kept trying to get in has the right to recover possession of his property, he must 1. RESTRICTIONS ON CAPACITY TO ACT
act independent of the breach of the promise to marry like touch with her but she ignored all their calls. The act with justice and give the lessees their day in court and
expenses incurred, carnal knowledge as a result or moral grandparents and the guests who went to the party observe honesty and good faith (Article 19, Civil Code). 2. BIRTH AND DEATH OF NATURAL PERSONS
seduction, or pregnancy to entitle the aggrieved party the were very dismayed that Noel was not present. When (2022, 2014, 2013, 2012, 2011, 2008, 2003, 1999 BAR)
award of damages. (Wassmer v. Velez, G.R. No. L-20089, 26 the grandparents asked Marie why she did not bring
Dec. 1964; Baksh v. Court of Appeals, G.R. No. 97336, 19 Feb. Noel to the party, she simply replied, “I am his mother,
Q: Because of X’s gross negligence, Y suffered injuries
1993; Hermosisima vs. Court of Appeals, G.R. No. L-14628, 30 and I decide where he goes!” To which, Noel’s
that resulted in the abortion of the fetus she carried. Y
Sept. 1960) In one case, the Court ruled that although breach grandmother retorted, “Anak mo lang s’ya! Hindi mo
sued X for, among other damages, P1,000,000 for the
of promise to marry is not actionable, to formally set a s’ya pag-aari!” The grandparents seek your advice on
death of a family member. Is Y entitled to indemnity for
wedding and go through all the above-described whether there is legal basis to hold Marie liable for the
the death of the fetus she carried? (2011 BAR)
preparation and publicity, only to walk out of it when the damages that they have suffered as a result of her acts.
matrimony is about to be solemnized is palpably and
(a) Yes, since the fetus is already regarded as a
unjustifiably contrary to good customs for which the bride What is your advice? Explain briefly. (2022 BAR)
child from conception, though unborn.
must be held answerable in damages in accordance with
(b) No, since X’s would not have known that the
Art. 21, NCC. (Wassmer v. Velez, G.R. No. L-20089, 26 Dec.
accident would result in Y’s abortion.
1964) Clearly, the groom is entitled to damages based on
(c) No, since birth determines personality, the
Art. 21, NCC which provides that any person who willfully

3 U N I V E R S IT Y O F S A N T O T O M A S U N I V E R S IT Y O F S A N T O T O M A S 4
FACULTY OF CIVI L LAW 2023 GOLDEN NOTES
 QuAMTO (1987-2022) CIVIL LAW
accident did not result in the death of a person. A: YES, Ricky is entitled to recover the P1 million. The NCC than 7 months, it would be considered born if it was alive, from their grandmother in representation of their
(d) Yes, since the mother believed in her heart that considers a fetus a person for purposes favorable to it at the time of its complete delivery from the mother’s father, and she inherited the same from them. Will her
she lost a child. provided it is born later. (Art. 40, NCC) While the donation womb. We can gather from the facts that the baby was action prosper? (2000 BAR)
is favorable to the fetus, the donation did not take effect completely delivered. But whether it was alive or not has to
A: (c) No, since birth determines personality, the accident because the fetus was not born in accordance with the NCC. be proven by evidence. A: NO, her action will not prosper. Since there was no proof
did not result in the death of a person. as to who died first, all three (3) are deemed to have died at
To be considered born, the fetus that had an intra-uterine If the baby was alive when completely delivered from the the same time and there was no transmission of rights from
Q: During Remy’s pregnancy, her father Gavin executed life of less than 7 months should live for 24 hours from its mother’s womb, then it was born as a person and the one to another, applying Art. 43, NCC.
a will bequeathing his rest house in Calatagan, Batangas complete delivery from the mother’s womb. Since Angela question of who survived as between the baby and the
to Remy’s unborn child. While Gavin and Remy, who had an intra-uterine life of less than 7 months but did not mother shall be resolved by the provisions of the Rules of Q: Mr. and Mrs. Cruz, who are childless, met with a
was then 7 months pregnant, were on their way to live for 24 hours, she was not considered born and, Court on Survivorship. This is because the question has serious motor vehicle accident with Mr. Cruz at the
Calatagan, they figured in a car accident on 01 Dec. therefore, did not become a person. (Art. 41, NCC) Not being nothing to do with succession. Obviously, the resolution of wheel and Mrs. Cruz seated beside him, resulting in the
2021 which resulted in the instantaneous death of a person, she has no juridical capacity to be a donee, hence, the question is needed just for the implementation of an instant death of Mr. Cruz. Mrs. Cruz was still alive when
Gavin and the premature delivery of Remy on the same the donation to her did not take effect. The donation not insurance contract. Under Rule 113, Sec 3(jj(5)), ROC, as help came but she also died on the way to the hospital.
day. At 8:30 A.M. on 03 Dec. 2021, the newborn baby being effective, the amount donated may be recovered. To between the baby who was under 15 years old and Marian The couple acquired properties worth P1,000,000.00
died. Is the devise in favor of the baby valid? Explain retain it will be unjust enrichment. who was 18 years old, Marian is presumed to have survived. during their marriage, which are being claimed by the
briefly. (2022 BAR) parents of both spouses in equal shares.
Q: At age 18, Marian found out that she was pregnant. In both cases, therefore, the baby never acquired any right
A: YES, the devise in favor of the baby is valid. Under the law She insured her own life and named her unborn child as under the insurance policy. The proceeds of the insurance Suppose in the preceding question, both Mr. And Mrs.
birth determines personality, but the conceived child shall her sole beneficiary. When she was already due to give will then go to the estate of Marian. Cruz were already dead when help came, so that
be considered born for all purposes favorable to the child birth, she and her boyfriend Pietro, the father of her nobody could say who died ahead of the other, would
provided it be born under the conditions specified in Art. unborn child, were kidnapped in a resort in Bataan (c) Will Pietro, as surviving biological father of the your answer be the same to the question as to who are
41. A fetus is considered born if it is alive at the time it is where they were vacationing. The military gave chase baby, be entitled to claim the proceeds of the life entitled to the properties of the deceased couple? (1999
completely delivered from the mother's womb. However, if and after one (1) week, they were found in an insurance on the life of Marian? BAR)
the fetus had an intrauterine life of less than 7 months, for abandoned hut in Cavite. Marian and Pietro were
it to be considered born and possessed of juridical capacity, hacked with bolos. Marian and the baby were both A: Since the baby did not acquire any right under the A: This being a case of succession, in the absence of proof as
it must survive for 24 hours from complete separation from found dead, with the baby's umbilical cord already cut. insurance contract, there is nothing for Pietro to inherit. to the time of death of each of the spouses, it is presumed
the mother's womb. Pietro survived. (2012, 1999 BAR) they died at the same time and no transmission of rights
Q: Elated that her sister who had been married for five from one to the other is deemed to have taken place.
Based on the facts, Remy was already 7 months pregnant at (a) Can Marian's baby be the beneficiary of the (5) years was pregnant for the first time, Alma donated
the time she prematurely gave birth to her baby and that the insurance taken on the life of the mother? P100,000.00 to the unborn child. Unfortunately, the Q: Jaime, who is 65, and his son, Willy, who is 25, died in
baby was born alive and only died 2 days later. Hence, the (2012, 2008, 1999 BAR) baby died one hour after delivery. May Alma recover a plane crash. There is no proof as to who died first.
baby acquired juridical capacity entitling it to the devise left the P100,000.00 that she had donated to said baby Jaime’s only surviving heir is his wife, Julia, who is also
by Gavin. (Central Bar Q&A by Paguirigan, 2023) A: YES, the baby can be the beneficiary of the life insurance before it was born considering that the baby died? Willy’s mother. Willy’s surviving heirs are his mother,
of Marian. Art. 40, NCC provides that "birth determines Stated otherwise, is the donation valid and binding? Julia and his wife, Wilma. (1998 BAR)
Q: If a pregnant woman passenger of a bus were to personality; but the conceived child shall be considered Explain. (1999 BAR)
suffer an abortion following a vehicular accident due to born for all purposes that are favorable to it, provided that (a) In the settlement of Jaime’s estate, can Wilma
the gross negligence of the bus driver, may she and her it be born later with the conditions specified in Art. 41, NCC. A: The donation is valid and binding, being an act favorable successfully claim that her late husband, Willy
husband claim damages from the bus company for the Art. 41 states that "for civil purposes, the fetus shall be to the unborn child, but only if the baby had an intra-uterine had a hereditary share since he was much
death of their unborn child? Explain. (2014, 2003 BAR) considered born if it is alive at the time it is completely life of not less than seven (7) months and provided there younger than his father and, therefore, should
delivered from the mother's womb. However, if the fetus was due acceptance of the donation by the proper person be presumed to have survived longer?
A: NO, the spouses cannot recover actual damages in the had an intra-uterine life of less than seven months, it is not representing said child. If the child had less than seven (7)
form of indemnity for the loss of life of the unborn child. deemed born if it dies within twenty-four (24) hours after months of intra-uterine life, it is not deemed born since it A: NO, Wilma cannot successfully claim that Willy had a
This is because the unborn child is not yet considered a its complete delivery from the maternal womb. The act of died less than 24 hours following its delivery, in which case hereditary share in his father’s estate. Under Art. 43, NCC
person and the law allows indemnity only for loss of life of naming the unborn child as sole beneficiary in the insurance the donation never became effective since the donee never two persons “who are called to succeed each other” are
person. The mother, however, may recover damages for the is favorable to the conceived child and therefore the fetus became a person, birth being determinative of personality. presumed to have died at the same time, in the absence of
bodily injury she suffered from the loss of the fetus which is acquires presumptive or provisional personality. However, proof as to which of them died first. This presumption of
considered part of her internal organ. The parents may also said presumptive personality only becomes conclusive if 3. PRESUMPTION OF SURVIVORSHIP simultaneous death applies in cases involving the question
recover damages for injuries that are inflicted directly upon the child is born alive. The child need not survive for 24 (2013, 2008, 2000, 1999, 1998 BAR) of succession as between the two who died, who in this case
them, e.g., moral damages for mental anguish that attended hours as required under Art. 41 of the Code because are mutual heirs, being father and son.
the loss of the unborn child. Since there is gross negligence, "Marian was already due to give birth," indicating that the
Q: Cristy and her late husband Luis had two (2)
exemplary damages can also be recovered. (Geluz v. Court of child was more than 7 months old. (b) Suppose Jaime had a life insurance policy with
children, Rose and Patrick. One summer, her mother-
Appeals, G.R. No. L-16439, 20 July 1961) his wife, Julia, and his son, Willy, as the
in-law, aged 70, took the two (2) children, then aged 10
(b) Between Marian and the baby, who is presumed beneficiaries. Can Wilma successfully claim
and 12, with her on a boat trip to Cebu. Unfortunately,
Q: Ricky donated P1 million to the unborn child of his to have died ahead? that one-half of the proceeds should belong to
the vessel sank en route, and the bodies of the three (3)
pregnant girlfriend, which she accepted. After six (6) Willy’s estate?
were never found. None of the survivors ever saw them
months of pregnancy, the fetus was born and baptized A: If the baby was not alive when completely delivered from
on the water. On the settlement of her mother-in-law's
as Angela. However, Angela died 20 hours after birth. the mother’s womb, it was not born as a person, then the
estate, Cristy files a claim for a share of her estate on the
Ricky sought to recover the P1 million. Is Ricky entitled question of who between two persons survived will not be
ground that the same was inherited by her children
to recover? Explain. (2012 BAR) an issue. Since the baby had an intra-uterine life of more

5 U N I V E R S IT Y O F S A N T O T O M A S U N I V E R S IT Y O F S A N T O T O M A S 6
FACULTY OF CIVI L LAW 2023 GOLDEN NOTES
 QuAMTO (1987-2022) CIVIL LAW
A: YES, Wilma can invoke the presumption of survivorship Sharon was registered as a female upon birth. While Q: Honorato filed a petition to adopt his minor Q: If Ligaya, a Filipino citizen residing in the United
and claim that one-half of the proceeds should belong to growing up, she developed male characteristics and illegitimate child Stephanie, alleging that Stephanie's States, files a petition for change of name before the
Willy’s estate, under Rule 131 of the ROC, as the dispute was diagnosed to have congenital adrenal hyperplasia mother is Gemma Astorga Garcia; that Stephanie has District Court of New York, what law shall apply?
does not involve succession. Under this presumption, the ("CAH") which is a condition where a person possesses been using her mother's middle name and surname; Explain. (2009 BAR)
person between the ages of 15 and 60 years is deemed to both male and female characteristics. At puberty, tests and that he is now a widower and qualified to be her
have survived one whose age was over 60 at the time of revealed that her ovarian structures had greatly adopting parent. He prayed that Stephanie's middle A: NEW YORK LAW shall apply. The petition of change of
their deaths. The estate of Willy endowed with juridical minimized, and she had no breast or menstrual name be changed from "Astorga" to "Garcia," which is name filed in New York does not concern the legal capacity
personality stands in place and stead of Willy, as development. Alleging that for all intents and her mother's surname and that her surname "Garcia" or status of the petitioner. Moreover, it does not affect the
beneficiary. appearances, as well as mind and emotion, she had be changed to "Catindig," which is his surname. This the registry of any other country including the country of birth
become a male, she prayed that her birth certificate be trial court denied. Was the trial court correct in denying of the petitioner. However, whatever judgment is rendered
corrected such that her gender should be changed from Hororato's request for Stephanie's use of her mother's in that petition will have effect only in New York. The New
L. SURNAMES female to male, and that her first name should be surname as her middle name? Explain. (2012, 1996 York court cannot, for instance, order the Civil Registrar in
(2019, 2018, 2012, 2011, 2009, 2008, 1996 BAR) changed from Sharon to Shariff. BAR) the Philippines to change its records. The judgment of the
Silverio and Sharon fell in love and decided to marry. New York court allowing a change in the name of the
Realizing that their marriage will be frowned upon in A: NO, the trial court was not correct. There is no law petitioner will be limited to the records of the petitioner in
the Philippines, they travelled to Las Vegas, USA where prohibiting an illegitimate child adopted by his natural New York and the use of her new name in all transactions in
Q: An illegitimate child may use the surname of his
they got married based on the law of the place of father to use as middle name his mother's surname. The law New York. Since the records and processes in New York are
father when his filiation is established in any of the
celebration of the marriage. They, however, kept their is silent as to what middle name an adoptee may use. In the the only ones affected, the New York court will apply New
following instances, except: (2012 BAR)
Philippine citizenship. (2018 BAR) case of in re: Adoption of Stephanie Nathy Astorga Garcia York law in resolving the petition.
(G.R. No, 148311, 31 Mar. 2005), the Supreme Court ruled
(a) Filiation has been recognized by the father
(a) Is there any legal basis for the court to that the adopted child may use the surname of the natural Q: If Henry, an American citizen residing in the
through the record of birth appearing in the
approve Silverio's petition for correction of mother as his middle name because there is no prohibition Philippines, files a petition for change of name before a
civil register
entries in his birth certificate? in the law against it. Moreover, it will also be for the benefit Philippine court, what law shall apply? Explain (2009
(b) Admission of filiation by the father in a public
of the adopted child who shall preserve his lineage on his BAR)
document.
A: NO, there is no legal basis for the court to approve mother's side and reinforce his right to inherit from his
(c) Private handwritten instrument is made by the
Silverio’s petition. As settled in the case of Silverio v. mother and her family. Lastly, it will make the adopted child A: PHILIPPINE LAW will apply. The petition for change of
father acknowledging his filiation.
Republic (G.R. No. 174689, 174689, 22 Oct. 2007), our laws conform with the time-honored Filipino tradition of name in the Philippines will affect only the records of the
(d) Affidavit by the mother stating the name of his
do not sanction change of name and correction of entry in carrying the mother's surname as the person's middle petitioner and his transactions in the Philippines. The
true father.
the civil register as to sex on the ground of sex name. Philippine court can never acquire jurisdiction over the
reassignment. Sex reassignment is not one of the grounds custodian in the US of the records of the petitioner.
A: (d) Affidavit by the mother stating the name of his true
for which change of first name may be allowed under R.A. Q: Rodolfo, married to Sharon, had an illicit affair with Moreover, change of name has nothing to do with the legal
father. (2009-2017 UST FCL Bar Q&A)
No. 9048. The petition for correction of entry as to sex of the his secretary, Nanette, a 19-year-old girl, and begot a capacity or status of the alien. Since Philippine records and
birth certificate of Silverio cannot prosper, because the said baby girl, Rona. Nanette sued Rodolfo for damages: transactions are the only ones affected, the Philippine court
Q: Illegitimate children, those not recognized by their
document contained no error and it cannot be corrected. actual, for hospital and other medical expenses in may effect the change only in accordance with the laws
biological fathers, shall use the surname of their (2011
Silverio was born a male. The sex of a person is determined delivering the child by caesarean section; moral, governing those records and transactions. That the law
BAR)
at birth. Considering that there is no law legally recognizing claiming that Rodolfo promised to marry her, cannot be but Philippine law.
sex reassignment, the determination of a person’s sex made representing that he was single when, in fact, he was
(a) biological father subject to no condition.
at the time of his or her birth, if not attended by error, is not; and exemplary, to teach a lesson to like-minded
(b) mother or biological father, at the mother's
immutable. Lotharios. Suppose Rodolfo later on acknowledges
discretion
Rona and gives her regular support, can he compel her
(c) mother
(b) Will your answer be the same in the case of to use his surname? Why or why not? (2009 BAR)
(d) biological father unless he judicially opposes it.
Sharon's petition?
A: NO, he has no right to compel Rona to use his surname.
A: (b) mother or biological father, at the mother's
A: NO, my answer will not be the same. In the case of The law does not give him that right simply because he gave
discretion. (2009-2017 UST FCL Bar Q&A)
Republic v. Cagandahan (G.R. 166676, 12 Sept. 2008), the her support. (R.A. No. 9255) Under the FC, an illegitimate
Supreme Court held that where the person is biologically or child was required to use only the surname of the mother.
Q: Silverio was a woman trapped in a man's body. He
naturally intersex the determining factor in his gender Under R.A. No. 9255, otherwise known as the Revilla Law,
was born male and his birth certificate indicated his
classification would be what the individual, having reached however, the illegitimate child is given the option to use the
gender as male, and his name as Silverio Stalon. When
the age of majority, with good reason thinks of his/her sex. surname of the illegitimate father when the latter has
he reached the age of 21, he had a sex reassignment
Sharon is considered an intersex, because he has CAH, recognized the former in accordance with law. Since the
surgery in Bangkok, and, from then on, he lived as a
which means that she has the biological characteristics of choice belongs to the illegitimate child, Rodolfo cannot
female. On the basis of his sex reassignment, he filed an
both male and female. Based on that case, Sharon’s petition compel Rona, if already of age, to use his surname against
action to have his first name changed to Shelley, and his
should be granted since he has simply let nature take its her will. If Rona is still a minor, to use the surname of
gender, to female. While he was following up his case
course and has not taken unnatural steps to arrest or Rodolfo will require the consent of Rona's mother who has
with the Regional Trial Court of Manila, he met Sharon
interfere with what he was born with. The change of name sole parental authority over her. (2009-2017 UST FCL Bar
Stan, who also filed a similar action to change her first
should also be granted considering that it merely Q&A)
name to Shariff, and her gender, from female to male.
recognizes Sharon’s preferred gender.

7 U N I V E R S IT Y O F S A N T O T O M A S U N I V E R S IT Y O F S A N T O T O M A S 8
FACULTY OF CIVI L LAW 2023 GOLDEN NOTES
 QuAMTO (1987-2022) CIVIL LAW
A: (a) The marriage subsists because the marital bond has available means to ascertain her husband's A: I would rule against Mrs. L. There is no merit in her
M. RULES GOVERNING PERSONS WHO ARE ABSENT not been terminated by death — since Lito is still alive, the whereabouts, but to no avail. Firmly believing that H contention that the monthly allotments to her should
(2020-21, 2019, 2013, 2011, 2008 BAR) marital bond has not been severed. had already died, W filed a claim before the AFP in 2008 continue despite the presumptive death of the husband. In
for the death benefits of the missing serviceman. case of disappearance where there is danger of death, the
(2) If Lito is alive, what is the status of Lita's However, the AFP, despite being cognizant of H's status, person shall be presumed to have died at the beginning of
marriage to Jaime? would not act on the claim, contending that H could not the four (4) year period although his succession will be
Q: When can a missing person who left someone to
be presumed dead unless a judicial declaration to this opened only at the end of the 4-year period. (Art. 391, NCC)
administer his property be declared an absentee by the
a) The marriage is valid because Lita's effect is issued by the proper court. Since the husband of Mrs. L is presumed to have died at
court? When he has been missing for (2011 BAR)
marriage to Lito was terminated upon about the time of disappearance, he is no longer entitled to
Lito's disappearance for more than In what instance/s is a judicial declaration of receive his salary from the day the presumption of death
(a) 2 years from the receipt of the last news about
seven (7) years. presumptive death necessary? In this case, is the arises.
him.
b) The marriage is valid. After an absence contention of the AFP correct? Explain. (2019 BAR)
(b) 7 years from the receipt of the last news about
of more than 10 years, Lito is already Q: Ana Rivera had a husband, a Filipino citizen like her,
him.
presumed dead for all purposes. A: Judicial declaration of presumptive death is only used for who was among the passengers on board a commercial
(c) 10 years from the receipt of the last news about
c) The marriage is void. Lito's mere the purpose of contracting a subsequent marriage. Art. 41, jet plane which crashed in the Atlantic Ocean ten (10)
him.
absence, however lengthy, is FC provides that for the purpose of contracting a years earlier and had never been heard of ever since.
(d) 5 years from the receipt of the last news about
insufficient to authorize Lita to contract subsequent marriage contracted by a person who had a Believing that her husband had died, Ana married Adolf
him.
a subsequent marriage. well-founded belief that his/her prior spouse who had been Cruz Staedtler, a divorced German national born of a
d) The marriage is void. If Lito is indeed absent for four (4) consecutive years was already dead, the German father and a Filipino mother residing in
A: (d) 5 years from the receipt of the last news about him.
alive, his marriage to Lita was never spouse present must institute a summary proceeding for Stuttgart. To avoid being required to submit the
dissolved and they can resume their the declaration of presumptive death of the absentee. The required certificate of capacity to marry from the
PRESUMPTIVE DEATH OF ABSENT SPOUSE
marital relations at any time. contention of the AFP is incorrect because the Court has German Embassy in Manila, Adolf stated in the
UNDER THE FAMILY CODE
declared that the AFP can decide claims of death benefits of application for marriage license that he was a Filipino
(2020-21, 2019, 2015, 2013, 2008 BAR)
A: (c) The marriage is void. Lito's mere absence, however a missing soldier without requiring the claimant to first citizen. With the marriage license stating that Adolf was
lengthy, is insufficient to authorize Lita to contract a produce a court declaration of the presumptive death of a Filipino, the couple got married in a ceremony
Q: Lito was a commercial pilot who flew for Pacific-
subsequent marriage — Lito’s absence did not such soldier and the claimant need only present any officiated by the Parish Priest of Calamba, Laguna in a
Micronesian Air. In 1998, he was the co-pilot of the
automatically grant Lita the right to remarry without “evidence” which shows that the concerned soldier had beach in Nasugbu, Batangas, as the local parish priest
airline's Flight MA916 that mysteriously disappeared
securing a declaration of presumptive death. been missing for such number of years and/or under the refused to solemnize marriages except in his church. Is
two hours after take-off from Agana, Guam, presumably
circumstances prescribed under Arts. 390 and 391, NCC. the marriage valid? Explain fully. (2008 BAR)
over the Pacific Ocean. No trace of the plane and its 105
Q: A wife was able to validly obtain a judicial Art. 391, NCC provides that a person in the armed forces
passengers and crew was ever found despite diligent
declaration of her husband's presumptive death after who has taken part in war and has been missing for four (4) A: The issue hinges on whether or not the missing husband
search; Lito himself was never heard of again. Lito left
he had disappeared for 10 years. She then remarried in years shall be presumed dead for all purposes. Here, W was dead or alive at the time of the second marriage.
behind his wife, Lita, and their two (2) children. In
accordance with law. To her surprise, a few years after informed the AFP that her husband had been declared
2008, Lita met and and married Jaime. They now have a
her remarriage, her first husband reappeared. Does the missing since 1995, 23 years before the filing of her claim in If the missing husband was in fact dead at the time the
child of their own. While on a tour with her former high
first husband's reappearance automatically, without 2018. There is, thus, no need for a judicial declaration of second marriage was celebrated, the second marriage was
school classmates in a remote province of China in
need of any further act, terminate the second marriage? presumptive death before the AFP can act on the claim of W. valid. Actual death of a spouse dissolves the marriage ipso
2010, Lita was surprised to see Lito or somebody who
Explain briefly. (2020-21 BAR) facto whether the surviving spouse had knowledge of such
looked exactly like him, but she was sure it was Lito
Q: Mrs. L was married to a ship captain who worked for fact. A declaration of presumptive death even if obtained
because of the extreme surprise that registered in his
A: NO, the mere reappearance of the first husband shall not an international maritime vessel. For her and her will not make the marriage voidable because presumptive
face when he also saw her. Shocked, she immediately
automatically terminate the second marriage contracted by family's support, she would claim monthly allotments death will not prevail over the fact of death.
fled to her hotel and post-haste returned to the country
the wife. The law provides that the subsequent marriage is from her husband's company. One day, while en route
the next day. Lita now comes to you for legal advice. She
automatically terminated by the recording of the affidavit of from Hong Kong to Manila, the vessel manned by If the missing husband was in fact alive when the second
asks you the following questions: (2013 BAR)
reappearance of the absent spouse in the civil registry of the Captain L encountered a severe typhoon at sea. The marriage was celebrated, the second marriage was void ab
residence of the parties to the subsequent marriage at the captain was able to send radio messages of distress to initio because of a prior subsisting marriage. Had Ana
(1) If Lito is alive, what is the status of his marriage
instance of any interested person. (Art. 42, FC) Hence, the the head office until all communications were lost. In obtained a declaration of presumptive death the second
to Lita?
first husband's reappearance will not suffice to terminate the weeks that followed, the search operations yielded marriage would have been voidable.
the second marriage. Also, the Court in SSS v. Vda. De Bailon debris of the lost ship but the bodies of the crew and the
a) The marriage subsists because the
(G.R. No. 165545, 24 Mar. 2006) ruled that if the absentee passengers were not recovered. The insurance In both cases, the fact that the German misrepresented his
marital bond has not been terminated
spouse reappears, but no step is taken to terminate the company thereafter paid out the death benefits to all citizenship to avoid having to present his Certificate of Legal
by death
subsequent marriage, either by affidavit or court action, the heirs of the passengers and crew. Mrs. L filed a Capacity, or the holding of ceremony outside the church or
b) The marriage was terminated when
such absentee's mere reappearance, even if made known to complaint demanding that her monthly allotments beyond the territorial jurisdiction of the solemnizing
Lita married Jaime.
the spouses in the subsequent marriage will not terminate continue for the next 4 years until her husband may be officer, are all irregularities which do not affect the validity
c) The marriage subsists because Lita's
such marriage. (Bar Q&A by Paguirigan, 2022) legally presumed dead because of his absence. of the marriage.
marriage to Jaime is void.
d) The marriage is terminated because
Q: H and W were married in 1990. H, being a member of If you were the magistrate would how you rule? (2015
Lito is presumed dead after his plane
the Armed Forces of the Philippines (AFP), was BAR)
has been missing for more than four (4)
deployed to a rebel-infested area in 1992. Since then, W
years.
has not heard from her husband, H. One day, the AFP
e) The marriage can be formally declared
informed W that H had been declared missing since
terminated if Lito would not resurface.
1995. In consequence, W diligently pursued all

9 U N I V E R S IT Y O F S A N T O T O M A S U N I V E R S IT Y O F S A N T O T O M A S 10
FACULTY OF CIVI L LAW 2023 GOLDEN NOTES
 QuAMTO (1987-2022) CIVIL LAW
Catholic priest. Is the position legally tenable? Explain (e) A marriage solemnized by a town mayor three A: The fact that the parents of Isidro and of Irma did not give
II. MARRIAGE briefly. (2020-21 BAR) towns away from his jurisdiction. their consent to the marriage did not make the marriage
void ab initio. The marriage is merely voidable under Art 45,
A: NO, the position of the couple is not legally tenable. A: VALID. It is jurisprudential that a marriage solemnized FC.
Under the Family Code, a marriage may be solemnized by a town mayor outside of his jurisdiction is a mere
among others by any incumbent member of the judiciary irregularity and will not invalidate the marriage. Hence, the (b) There was no marriage license;
A. GENERAL PRINCIPLES within the court’s jurisdiction. (Art. 7, FC) It must be marriage solemnized by a town mayor three towns away
(2016, 2014, 2009, 2008, 1996, 1995, 1994 BAR) mentioned that the authority of a Supreme Court Justice to from his jurisdiction is a valid marriage. A: Absence of marriage license did not make the marriage
solemnize marriages is all over the Philippines. Although void ab initio. Since the marriage was solemnized in articulo
the law provides that the marriage shall be solemnized Q: On Valentine's Day 1996, Ellas and Fely, both single mortis, it was exempt from the license requirement under
1. ESSENTIAL REQUISITES publicly in the chambers of the judge or in open court, or in and 25 years of age, went to the city hall where they Art. 31, FC.
(2016, 2014, 2009, 2008, 1996, 1995, 1994 BAR) the church, chapel or temple and not elsewhere, (Art. 8, FC) sought out a fixer to help them obtain a quickie
it is submitted that the solemnization of the marriage by a marriage. For a fee, the fixer produced an ante-dated (c) The solemnizing officer had no authority to
member of the judiciary inside the Roman Catholic church marriage license for them, issued by the Civil Registrar perform the marriage; and
Q: In December 2000, Michael and Anna, after obtaining
shall not affect the validity of the marriage because the of a small remote municipality. He then brought them
a valid marriage license, went to the Office of the Mayor
venue of the celebration of the marriage is neither an to a licensed minister in a restaurant behind the city A: On the assumption that the assistant pilot was acting for
of Urbano, Bulacan, to get married. The Mayor was not
essential nor a formal requisite of marriage. (Bar Q&A by hall, and the latter solemnized their marriage right and in behalf of the airplane chief who was under disability,
there, but the Mayor’s secretary asked Michael and
Paguirigan, 2022) there and then. (2008, 1996 BAR) and by reason of the extraordinary and exceptional
Anna and their witnesses to fill up and sign the required
circumstances of the case, the marriage was solemnized by
marriage contract forms. The secretary then told them
Q: What is the status of the following marriages and (a) Is their marriage valid, void or voidable? an authorized officer under Arts. 7(3) and 31, FC.
to wait and went out to look for the Mayor who was
why? (1999 BAR) Explain.
attending a wedding in a neighboring municipality.
(d) The solemnizing officer did not file an affidavit
When the secretary caught up with the Mayor at the
(a) A marriage between two 19-year-olds without A: The marriage is valid. The irregularity in the issuance of of marriage with the proper civil registrar.
wedding reception, she showed him the marriage
parental consent. a valid license does not adversely affect the validity of the
contract forms and told him that the couple and their
marriage. The marriage license is valid because it was in fact A: Failure of the solemnizing officer to file the affidavit of
witnesses were waiting in his office. The Mayor
A: VOIDABLE. The consent of the parties to the marriage issued by a Civil Registrar. (Arts. 3 and 4, FC) marriage did not affect the validity of the marriage. It is
forthwith signed all the copies of the marriage contract,
was defective. Being below 21 years old, the consent of the merely an irregularity which may subject the solemnizing
gave them to the secretary who returned to the Mayor’s
parties is not full without the consent of their parents. The (b) Would your answer be the same if it should turn officer to sanctions. (Art. 4(2), FC)
office. She then gave copies of the marriage contract to
consent of the parents of the parties to the marriage is out that the marriage license was spurious?
the parties and told Michael and Anna that they were
indispensable for its validity. (Art. 16, FC) Explain. Q:
already married. Thereafter, the couple lived together
(a) The complete publication of the Family Code
as husband and wife, and had three (3) sons. (2009
(b) A marriage between two 21-year-olds without A: NO, the answer would not be the same. The marriage was made on 04 Aug. 1987. On 04 Sept. 1987,
BAR)
parental advice. would be void because of the absence of a formal requisite. Junior Cruz and Gemma Reyes were married
In such a case, there was actually no valid marriage license. before a municipal mayor. Was the marriage
(a) Is the marriage of Michael and Anna valid,
A: VALID. Between 21-year-olds, the marriage is valid valid? (1994 BAR)
voidable, or void? Explain your answer.
despite the absence of parental advice, because such Q: Isidro and Irma, Filipinos, both 18 years of age, were
absence is merely an irregularity affecting a formal passengers of Flight No. 317 of Oriental Airlines. The A: YES, the marriage is valid. The Family Code took effect on
A: The marriage is void because of the absence of an
requisite i.e., the marriage license and does not affect the plane they boarded was of Philippine registry. While en 03 Aug. 1988. At the time of the marriage on 04 Sept. 1987,
essential and formal requisite, namely consent of the
validity of the marriage itself. This is without prejudice to route from Manila to Greece some passengers hijacked municipal mayors were empowered to solemnize
parties freely given in the presence of the solemnizing
the civil, criminal, or administrative liability of the party the plane, held the chief pilot hostage at the cockpit and marriages under the Civil Code of 1950.
officer and a marriage ceremony. (Art. 2, FC)
responsible therefor. (Art. 4(2), FC) ordered him to fly instead to Libya. During the hijacking
Isidro suffered a heart attack and was on the verge of (b) Suppose the couple got married on 01 Sept.
(b) What is the status of the three (3) children of
(c) A marriage between two Filipino first cousins in death. Since Irma was already eight months pregnant 1994 at the Manila Hotel before the Philippine
Michael and Anna? Explain your answer.
Spain where such marriage is valid. by Isidro, she pleaded to the hijackers to allow the Consul General to Hongkong, who was on
assistant pilot to solemnize her marriage with Isidro. vacation in Manila. The couple executed an
A: The children are illegitimate, having been born outside a
A: VOID. By reason of public policy, the marriage between Soon after the marriage, Isidro expired. As the plane affidavit consenting to the celebration of the
valid marriage. (Art. 165, FC)
Filipino first cousins is void (Art. 38(1), FC), and the fact that landed in Libya Irma gave birth. However, the baby died marriage at the Manila Hotel. Is the marriage
it is considered a valid marriage in a foreign country in this a few minutes after complete delivery. Back in the valid? (1994 BAR)
2. FORMAL REQUISITES case, Spain— does not validate it, being an exception to the Philippines Irma immediately filed a claim for
(2020-21, 2016, 2014, 2011, 2008, 2002, 1999, 1996, general rule in Art. 26 of said Code which accords validity to inheritance. The parents of Isidro opposed her claim A: NO, the marriage is not valid. Consuls and vice-consuls
1995 BAR) all marriage solemnized outside the Philippines and valid contending that the marriage between her and Isidro are empowered to solemnize marriages between Philippine
there as such. was void ab initio on the following grounds: citizens abroad in the consular office of the foreign country
Q: Two college sweethearts were married inside a to which they were assigned and have no power to
Roman Catholic church in the Philippines with a (d) A marriage between two Filipinos in Hongkong Resolve each of the contentions (a to d) raised by the solemnize marriage on Philippine soil. (Art 7(5), FC, in
Supreme Court Justice serving as solemnizing officer. A before a notary public. parents of Isidro. Discuss fully. (1995 BAR) relation to Art. 10, FC)
few years following the ceremony, one of the two (2)
filed an action for the declaration of nullity of marriage A: IT DEPENDS. Otherwise, the marriage that is invalid in (a) They had not given their consent to the
on the ground that the marriage was void ab initio Hongkong will be invalid in the Philippines. marriage of their son;
because it was solemnized inside a Roman Catholic
church by a Supreme Court Justice, and not by a Roman

11 U N I V E R S IT Y O F S A N T O T O M A S U N I V E R S IT Y O F S A N T O T O M A S 12
FACULTY OF CIVI L LAW 2023 GOLDEN NOTES
 QuAMTO (1987-2022) CIVIL LAW
ALTERNATIVE ANSWER: Q: On 01 May 1978, Facundo married Petra, by whom A: YES, the legal effects of the divorce decree may be
he had a son Sotero. Petra died on 01 July 1996, while B. MIXED MARRIAGES AND FOREIGN DIVORCE recognized in the Philippines, and consequently, capacitate
A Philippine consul is authorized by law to solemnize Facundo died on 01 Jan. 2002. Before his demise, (2022, 2020-21, 2019, 2016, 2014, 2012, 2010, 2009, F to remarry.
marriage abroad between Filipino citizens. (Ibid.) He has no Facundo had married, on 01 July 2002, Quercia. Having 2006, 2005, 2004, 2003, 2002, 1999, 1997, 1996, 1992
authority to solemnize a marriage in the Philippines. lived together as husband and wife since 01 July 1990, BAR) In the landmark case of Republic v. Manalo (G.R. No. 221029,
Consequently, the marriage in question is void, unless Facundo and Quercia did not secure a marriage license 24 Apr. 2018) the Supreme Court held that under Art. 26(2),
either or both contracting parties believed in good faith that but executed the requisite affidavit for the purpose. To FC a Filipino citizen has the capacity to remarry under
the consul general had authority to solemnize their ensure that his inheritance rights are not adversely Philippine law after initiating a divorce proceeding abroad
Q: Eka, a Filipina, and Du-guil, a Korean, married in the
marriage in which case the marriage is valid. affected by his father’s second marriage, Sotero now and obtaining a favorable judgment against his or her alien
Philippines. Thereafter, they moved to Seoul, South
brings a suit to seek a declaration of the nullity of the spouse who is capacitated to remarry. Here, F initiated a
Korea. While there, Du-guil began to ignore Eka. He was
EXEMPTION FROM LICENSE REQUIREMENT marriage of Facundo and Quercia, grounded on the divorce petition in Japan and obtained a favorable judgment
always out with his friends and usually came home
(2008, 2002 BAR) absence of a valid marriage license. Quercia contends which capacitated her Japanese husband to remarry.
drunk. When Eka could not take their marital situation
that there was no need for a marriage license in view Applying Art. 26(2), FC as interpreted, the legal effects of
anymore, she asked for a divorce. Du-gull agreed on the
Q: Roderick and Faye were high school sweethearts. for her having lived continuously with Facundo for five the divorce obtained by F may be recognized in the
condition that Eka would be the one to file for divorce,
When Roderick was 18 and Faye was 16 years old, they years before their marriage and that Sotero has no legal Philippines which may capacitate F to remarry here.
and that the ground should be "no fault", meaning,
started to live together as husband and wife without the personality to seek a declaration of nullity of the
neither of them is at fault or neither would be accused
benefit of marriage. When Faye reached 18 years of age, marriage since Facundo is now deceased. (2002 BAR) Q: Romeo and Juliet, both Filipinos, got married. After a
of any wrongdoing. After the divorce, Eka went back to
her parents forcibly took her back and arranged for her few years, Juliet got word from her mother that she can
the Philippines and filed a case to have the judgment of
marriage to Brad. Although Faye lived with Brad after (a) Is the marriage of Facundo and Quercia valid, go to the United States for naturalization. Juliet
divorce recognized. The RTC denied Eka's petition
the marriage, Roderick continued to regularly visit despite the absence of a marriage license? promised she will be back the moment she becomes an
because she alone filed for divorce, in violation of Art.
Faye while Brad was away at work. During their Explain. American. After some time, Romeo learned from a
26(2) of the Family Code. According to the RTC, Art. 26
marriage, Faye gave birth to a baby girl, Laica. When friend that Juliet already became a U.S. citizen and even
requires that either the foreign spouse alone initiates
Faye was 25 years old, Brad discovered her continued A: YES, the marriage with Quercia is valid. The exemption divorced him to marry a wealthy American
the filing of the divorce or, at the very least, Eka and Du-
liaison with Roderick and in one of their heated from the requirement of a marriage license under Art. 34, businessman. Romeo filed a petition before the
guil should have filed for divorce jointly.
arguments, Faye shot Brad to death. She lost no time in FC requires that the man and woman must have lived Regional Trial Court praying that an order be issued
marrying her true love Roderick, without a marriage together as husband and wife for at least five (5) years and authorizing him to remarry pursuant to Art. 26, FC.
Is the RTC correct? Explain briefly. (2022 BAR)
license, claiming that they have been continuously without any legal impediment to marry each other during Decide the petition with reasons. (2016 BAR)
cohabiting for more than five (5) years. Was the those five (5) years. Although the cohabitation of Facundo
A: NO, the RTC is not correct. As ruled by the Court in
marriage of Roderick and Faye valid? (2008, 2002 BAR) and Quercia for six (6) years from 01 July 1990 to 01 July A: If the time of Juliet’s acquisition of U.S. citizenship
Republic v. Manalo (G.R. No. 221029, 24 Apr. 2018), it is
1996 when Petra died was one with a legal impediment, the preceded the time when she obtained the divorce decree,
irrelevant if the foreign or the Filipino spouse initiated the
A: NO. The marriage of Roderick and Faye is not valid. Art. cohabitation thereafter until the marriage on 01 July 2002 then the divorce decree can be given effect in the
foreign divorce proceeding. Once a divorce decree is issued,
4, FC provides that the absence of any of the essential or was free from any legal impediment since Facundo’s Philippines, and consequently, Romeo will be capacitated to
the foreign spouse is deemed to have “obtained” a divorce
formal requisites renders the marriage void ab initio. marriage with Petra has already been extinguished due to remarry under Philippine law. On the other hand, if Juliet
which capacitates him or her to remarry.
However, no license shall be necessary for the marriage of a the latter’s death. The cohabitation of Facundo and Quercia obtained the divorce decree before she acquired U.S.
man and a woman who have lived together as husband and from the time of death of Petra up to the time of their citizenship, then the foreign divorce decree cannot be
Further in Abel v. Rule, (G.R. No. 234457, 12 May 2021)
wife for at least five (5) years and without any legal marriage on 01 July 2002 met the five-year cohabitation recognized by Philippine courts.
reiterating Galapon v. Republic (G.R. No. 243722, 22 Jan.
impediment to marry each other. In Republic v. Dayot (G.R. requirement therefore making their marriage despite the
2020), the Court clarified that Art. 26 of the Family applies
No. 175581, 28 Mar. 2008), reiterating the doctrine in Niñal lack of a marriage license valid. Art. 26(2), FC provides that where a marriage between a
to mixed marriages where the divorce decree is:
v. Bayadog (G.R. No. 133778, 14 Mar. 2000), this five-year Filipino citizen and a foreigner is validly celebrated and a
1. obtained by the foreign spouse;
period is characterized by exclusivity and continuity. In the (b) Does Sotero have the personality to seek the divorce is thereafter validly obtained abroad by the alien
2. obtained jointly by the Filipino and foreign spouse;
present case, the marriage of Roderick and Faye cannot be declaration of nullity of the marriage, especially spouse capacitating him or her to remarry, the Filipino
and
considered as a marriage of exceptional character, because now that Facundo is already deceased? Explain. spouse shall have capacity to remarry under Philippine law.
3. obtained solely by the Filipino spouse.
there were two (2) legal impediments during their In Republic v. Orbecido (G.R. No. 154380, 05 Oct. 2005), the
cohabitation: 1) minority on the part of Faye, during the A: YES, a void marriage may be questioned by any Supreme Court ruled that Art. 26(2), FC should be
Thus, the RTC committed an error in denying the petition.
first two years of cohabitation; and 2) lack of legal capacity, interested party in any proceeding where the resolution of interpreted to include cases involving parties who, at the
(Central Bar Q&A by Paguirigan, 2023)
since Faye married Brad at the age of 18. Accordingly, the the issue is material. Being a compulsory heir, Soterro has time of the celebration of the marriage were Filipino
required five-year cohabitation period was not met for not the personality to question the validity of the marriage of citizens, but later on, one of them becomes naturalized as a
Q: F, a Filipina, married J, a Japanese, in the Philippines.
being continuous and exclusive. Thus, the absence of a Facundo and Quercia. Otherwise, his participation in the foreign citizen and obtains a divorce decree. The reckoning
After three (3) years, they had a falling out and thus,
marriage license made the marriage of Faye and Roderick estate on Facundo would be affected. (Ninãl v. Bayadog, G.R. point is not their citizenship at the time of celebration of
separated. Soon after, F initiated a divorce petition in
void ab initio. No. 133778, 14 Mar. 2000) marriage, but their citizenship at the time the divorce
Japan which was not opposed by J because under
decree is obtained abroad by the alien spouse capacitating
Japanese law, a grant of divorce will capacitate him to
him/her to remarry.
remarry. F's divorce petition was then granted by the
Japanese court with finality. May the legal effects of the
NOTE: In the case of Republic v. Manalo (G.R. No. 221029, 24
divorce decree be recognized in the Philippines, and
Apr. 2018), the Court held that Art. 26(2), FC speaks of “a
consequently, capacitate F to remarry here? Explain.
divorce x x x validly obtained abroad by the alien spouse
(2019 BAR)
capacitating him or her to remarry." Based on a clear and
plain reading of the provision, it only requires that there be
a divorce validly obtained abroad. The letter of the law does
not demand that the alien spouse should be the one who

13 U N I V E R S IT Y O F S A N T O T O M A S U N I V E R S IT Y O F S A N T O T O M A S 14
FACULTY OF CIVI L LAW 2023 GOLDEN NOTES
 QuAMTO (1987-2022) CIVIL LAW
initiated the proceeding wherein the divorce decree was married another Filipino, at the time of the marriage, but requirement to the case of Harry, it would seem that he is celebrated in Cebu City according to the formalities of
granted. It does not distinguish whether the Filipino spouse who was already a foreigner when the divorce was not given the capacity to remarry. This is because Wilma Philippine law, she married her former classmate
is the petitioner or the respondent in the foreign divorce obtained. was a Filipino at the time of her marriage to Harry. Vincent likewise a Filipino citizen. (2005, 1992 BAR)
proceeding.
Q: True or False. Under Art. 26, FC when a foreign In Republic v. Orbecido (G.R. No. 154380, 05 Oct. 2005), (a) Was the marriage of Maris and Johnson valid
The purpose of Art. 26(2), FC is to avoid the absurd situation spouse divorces his/her Filipino spouse, the latter may however, the Supreme Court ruled that a Filipino spouse is when celebrated? Is their marriage still validly
where the Filipino spouse remains married to the alien re-marry by proving only that the foreign spouse has given the capacity to remarry even though the spouse who existing now? Reasons.
spouse who, after a foreign divorce decree that is effective obtained a divorce against her or him abroad. (2010 obtained the divorce was a Filipino at the time of the
in the country where it was rendered, is no longer married BAR) marriage, if the latter was already a foreigner when the A: YES, the marriage of Maris and Johnson was valid when
to the Filipino spouse. divorce was obtained abroad. According to the Court, to rule celebrated because all marriages solemnized outside the
A: FALSE. In Garcia v. Recio (G.R. No. 138322, 02 Oct. 2001), otherwise will violate the equal protection clause of the Philippines (Tokyo) in accordance with the laws in force in
Q: Ted, married to Annie, went to Canada to work. Five the SC held that for a Filipino spouse to have capacity to Constitution. the country where they are solemnized (Japan), and valid
(5) years later, Ted became a naturalized Canadian contract a subsequent marriage, it must also be proven that there as such, are also valid in the Philippines. Their
citizen. He returned to the Philippines to convince the foreign divorce obtained by the foreigner spouse gives NOTE: In Republic v. Manalo (G.R. No. 221029, 24 Apr. 2018), marriage no longer validly subsists, because it has been
Annie to settle in Canada. Unfortunately, Ted such foreigner spouse capacity to remarry. the Supreme Court held that whether the Filipino spouse dissolved by the absolute divorce validly obtained by
discovered that Annie and his friend Louie were having initiated the foreign divorce or not, a favorable decree Johnson which capacitated Maris to remarry. (Art. 26, FC)
an affair. Deeply hurt, Ted returned to Canada and filed Q: Harry married Wilma, a very wealthy woman. Barely dissolving the marriage bond and capacitating his or her
a petition for divorce which was granted. In December five (5) years into the marriage, Wilma fell in love with alien spouse to remarry will have the same result: the (b) Was the marriage of Maris and Pedro valid
2013, Ted decided to marry his childhood friend Joseph. Thus, Wilma went to a small country in Europe, Filipino spouse will effectively be without a husband or when celebrated? Is their marriage still validly
Corazon in the Philippines. In preparation for the became a naturalized citizen of that country, divorced wife. existing now? Reasons.
wedding, Ted went to the Local Civil Registry of Quezon Harry, and married Joseph. A year thereafter, Wilma
City where his marriage contract with Annie was and Joseph returned and established permanent Q: Marvin, a Filipino, and Shelley, an American, both A: The marriage of Maris and Pedro was valid when
registered. He asked the Civil Register to annotate the residence in the Philippines. (2009, 1999, 1996 BAR) residents of California, decided to get married in their celebrated because the divorce validly obtained by Johnson
decree of divorce on his marriage contract with Annie. local parish. Two (2) years after their marriage, Shelley in Manila capacitated Maris to marry Pedro. The marriage
However, he was advised by the National Statistics (a) Is the divorce obtained by Wilma from Harry obtained a divorce in California. While in Boracay, of Maris and Pedro is still validly existing because the
Office (NSO) to file a petition for judicial recognition of recognized in the Philippines? Explain your Marvin met Manel, a Filipina, who was vacationing marriage has not been validly dissolved by the Maryland
the decree of divorce in the Philippines. answer. there. Marvin fell in love with her. After a brief divorce.
courtship and complying with all the requirements,
Is it necessary for Ted to file a petition for judicial A: YES, the divorce obtained by Wilma is recognized as valid they got married in Hongkong to avoid publicity, it (c) Was the marriage of Maris and Vincent valid
recognition of the decree of divorce he obtained in in the Philippines. At the time she got the divorce, she was being Marvin's second marriage. Is his marriage to when celebrated? Is their marriage still validly
Canada before he can contract a second marriage in the already a foreign national having been naturalized as a Manel valid? Explain. (2006 BAR) existing now? Reasons.
Philippines? (2014 BAR) citizen of that “small country in Europe.” Based on
precedents established by the Supreme Court (Bayot v. A: YES, the marriage of Marvin and Manel is valid. While A: The marriage of Maris and Vincent is void ab initio
A: YES, a divorce decree even if validly obtained abroad Court of Appeals, G.R. No. 155635, 07 Nov. 2008), divorce Marvin was previously married to Shelley, the divorce from because it is a bigamous marriage contracted by Maris
cannot have effect in the Philippines unless it is judicially obtained by a foreigner is recognized in the Philippines if Marvin obtained by Shelley in California capacitated Marvin during the subsistence of her marriage with Pedro. (Arts. 25
recognized through an appropriate petition filed before validly obtained in accordance with his or her national law. to contract the subsequent marriage to Manel under Art. and 41, FC) The marriage of Maris and Vincent does not
Philippine courts. The foreigner must file a petition under (See also ruling in Republic v. Manalo, supra) 26(2), FC which provides that where a marriage between a validly exist because Art. 26, FC does not apply. Pedro was
Rule 108, ROC and prove therein the fact of divorce by Filipino citizen and a foreigner is validly celebrated and a not a foreigner at the time of his marriage with Maris and
presenting an official copy attested by the officer having (b) If Harry hires you as his lawyer, what legal divorce is thereafter validly obtained abroad by the alien the divorce abroad (in Maryland) was initiated and
custody of the original. He must also prove that the court recourse would you advise him to take? Why? spouse capacitating him or her to remarry, the Filipino obtained not by the alien spouse, but by the Filipino spouse.
which issued the divorce has jurisdiction to issue it and the spouse shall likewise have the capacity to remarry under Hence, the Maryland divorce did not capacitate Maris to
law of the foreign country on divorce. (Corpuz v. Sto. Tomas, A: I will advise Harry to: Philippine law. (See also ruling in Republic v. Manalo, supra) marry Vincent.
G.R. No. 186571, 11 Aug. 2010) 1. Dissolve and liquidate his property relations with
Wilma; and Q: In 1989, Maris, a Filipino citizen, married her boss (d) At this point in time, who is the lawful husband
Q: Cipriano and Lady Miros married each other. Lady 2. If he will remarry, file a petition for the Johnson, an American citizen, in Tokyo in a wedding of Maris? Reasons.
Miros then left for the US and there, she obtained recognition and enforcement of the foreign ceremony celebrated according to Japanese laws. One
American citizenship. Cipriano later learned all about judgment of divorce. (Rule 39, ROC) (1) year later, Johnson returned to his native Nevada, A: At this point in time, Pedro is still the lawful husband of
this including the fact that Lady Miros has divorced him and he validly obtained in that state an absolute divorce Maris because their valid marriage has not been dissolved
in America and that she had remarried there. He then (c) Harry tells you that he has fallen in love with from his wife Maris. by any valid cause. (Art. 26, FC)
filed a petition for authority to remarry, invoking Art. another woman, Elizabeth, and wants to marry
26(2), FC. Is Cipriano capacitated to re-marry by virtue her because, after all, Wilma is already married After Maris received the final judgment of divorce, she Q: In 1985, Sonny and Lulu, both Filipino citizens, were
of the divorce decree obtained by his Filipino spouse to Joseph. Can Harry legally marry Elizabeth? married her childhood sweetheart Pedro, also a married in the Philippines. In 1987, they separated, and
who was later naturalized as an American citizen? Explain. Filipino citizen, in a religious ceremony in Cebu City, Sonny went to Canada, where he obtained a divorce in
Explain. (2012 BAR) celebrated according to the formalities of Philippine the same year. He then married another Filipina,
A: YES, he can validly marry Elizabeth, applying the law. Pedro later left for the United States and became Auring, in Canada on 01 Jan. 1988. They had two sons,
A: YES, he is capacitated to re-marry. While the Art. 26(2), doctrine laid down by the Supreme Court in Republic v. naturalized as an American citizen. Maris followed James and John. In 1990, after failing to hear from
FC is applicable only to a Filipino who married a foreigner Orbecido (G.R. No. 154380, 05 Oct. 2005). Under Art. 26(2), Pedro to the United States, and after a serious quarrel, Sonny, Lulu married Tirso, by whom she had a
at the time of the marriage, the Supreme Court ruled in the FC for the Filipino spouse to have capacity to remarry, the Maris filed a suit and obtained a divorce decree issued daughter, Verna. In 1991, Sonny visited the Philippines
case of Republic v. Orbecido (GR. No. 154380, 05 Oct. 2005) law expressly requires the spouse who obtained the divorce by the court in the state of Maryland. Maris then where he succumbed to heart attack. (2005 BAR)
that the said provision equally applies to a Filipino who to be a foreigner at the time of the marriage. Applying this returned to the Philippines and in a civil ceremony

15 U N I V E R S IT Y O F S A N T O T O M A S U N I V E R S IT Y O F S A N T O T O M A S 16
FACULTY OF CIVI L LAW 2023 GOLDEN NOTES
 QuAMTO (1987-2022) CIVIL LAW
(a) Discuss the effect of the divorce obtained by If Boni was no longer a Filipino citizen, the divorce is valid. A: The divorce secured by Felipe in California is Q: Juan is a Filipino citizen residing in Tokyo, Japan.
Sonny and Lulu in Canada. Hence, his marriage to Anne is valid if celebrated in recognizable and valid in the Philippines because he was no State what laws govern his capacity to contract
accordance with the law of the place where it was longer a Filipino at the time he secured it. Aliens may obtain marriage in Japan. (1998 BAR)
A: The divorce obtained by Sonny in Canada was not valid celebrated. Since the marriage was celebrated aboard a divorces abroad which may be recognized in the Philippines
because he and his wife were both Filipino citizens. Divorce vessel of Norwegian registry, Norwegian law applies. If the provided that they are valid according to their national law. A: Juan’s capacity to contract marriage is governed by
between a Filipino couple is not valid under Philippine law Ship Captain has authority to solemnize the marriage (Van Dorn v. Romillo, Jr., G.R. No. L-68470, 08 Oct. 1985; Quita Philippine law pursuant to Art. 15, NCC, which provides that
even though they are living abroad. (Art. 15, NCC) aboard his ship, the marriage is valid and shall be v. Court of Appeals, G.R. No. 124862, 22 Dec. 1998; Llorente v. our laws relating to, among others, legal capacity of persons
recognized in the Philippines. Court of Appeals, G.R. No. 12437, 23 Nov. 2000) are binding upon citizens of the Philippines even though
(b) Explain the status of the marriage between living abroad.
Sonny and Auring. As to the second question, if Boni is still a Filipino, Anne can (b) How does it affect Felipe’s marriage to Felisa?
file an action for declaration of nullity of her marriage to Explain. Q: In 1977, Mario and Clara, both Filipino citizens, were
A: Since the divorce obtained by Sonny was void, his him. married in the Philippines. Three (3) years later, they
marriage to Auring is necessarily void ab initio because of A: The divorce decree obtained capacitated both Felipe and went to the United States of America and established
his subsisting marriage to Lulu. (Art. 41, FC) Q: Gene and Jane, Filipinos, met and got married in Felisa to remarry. In Corpuz v. Sto. Tomas (G.R. No. 186571, their residence in San Francisco, California. In 1987, the
England while both were taking up postgraduate 11 Aug. 2010), the Court held that an action based on Art. 26 couple applied for, and were granted, U.S. citizenship.
Q: PH and LV are HK Chinese. Their parents are now courses there. A few years after their graduation, they (2), FC is not limited to the recognition of the foreign In 1989, Mari, claiming to have been abandoned by
Filipino citizens who live in Manila. While still students decided to annul their marriage. Jane filed an action to divorce decree. If the court finds that the decree capacitated Clara, was able to secure a decree of divorce in Reno,
in MNS State, they got married although they are first annul her marriage to Gene in England on the ground of the alien spouse to remarry, the courts can declare that the Nevada, USA. In 1990, Mario returned to the Philippines
cousins. It appears that both in HK and MNS State first the latter’s sterility, a ground for annulment of Filipino spouse is likewise capacitated to contract another and married Juana who knew well Mario’s past life. Is
cousins could marry legally. They plan to reside and set marriage in England. The English court decreed the marriage. the marriage between Mario and Juana valid? (1997
up business in the Philippines. But they have been marriage annulled. Returning to the Philippines, Gene BAR)
informed, however, that the marriage of first cousins asked you whether or not he would now be free to In the same case, the Court also initially clarified that Art. 26
here is considered void from the beginning by reason of marry his former girlfriend. What would your legal (2), FC applies not only to cases where a foreigner was the A: YES. In relation to Art. 15, NCC, Conflict of Laws provides
public policy. They are in a dilemma. They don’t want to advice be? (2003 BAR) one who procured a divorce of his/her marriage to a that the recognition of an absolute divorce granted in
break Philippine Law, much less their marriage vow. Filipino spouse, but also to instances where, at the time of another State rests on the citizenship of the parties at the
They seek your advice on whether their civil status will A: NO. Gene is not free to marry his former girlfriend. His the celebration of the marriage, the parties were Filipino time the divorce was granted. (Paras, Phil. Conflict of Laws,
be adversely affected by Philippine domestic law? What marriage to Jane if valid according to the forms and citizens, but later on, one of them acquired foreign p. 259) Applied in this case, the divorce decree issued to
is your advice? (2004 BAR) solemnities of British law, is valid here. (Art. 17(1), NCC) citizenship by naturalization, initiated a divorce Clara and Mario will be recognized as valid here considering
However, since Gene and Jane are still Filipinos, although proceeding, and obtained a favorable decree. (Luzviminda that at the time the foreign decree was granted, both Clara
A: The civil status of PH and LV will not be adversely living in England, the dissolution of their marriage is still dela Cruz v. Ryoji Moriso, G.R. No. 226013, 02 July 2018) and Mario are citizens of the USA, a country which
affected by Philippine law because they are nationals of governed by Philippine law. (Art. 15, NCC) Since sterility is grants/allows absolute divorce. Since the marriage
Hong Kong and not Filipino citizens. Being foreigners, their not one of the grounds for the annulment of marriage under Q: Ben and Eva were both Filipino citizens at the time of between Mario and Clara has been validly terminated,
status, conditions and legal capacity in the Philippines are Art. 45, FC the annulment of Gene’s marriage to Jane on that their marriage in 1967. When their marriage turned Mario and Juana can freely marry each other.
governed by the law of Hong Kong, the country of which ground is not valid in the Philippines. (Art. 17(1), NCC) sour, Ben went to a small country in Europe, got himself
they are citizens. Since their marriage is valid under Hong naturalized there, and then divorced Eva in accordance Q: Flor and Virgilio were married to each other in Roxas
Kong law, it shall be valid and respected in the Philippines. Q: Felipe and Felisa, both Filipino citizens, were with the law of that country. Later, he returned to the City in 1980. In 1984, Flor was offered a teaching job in
married in Malolos, Bulacan on 01 June 1950. In 1960, Philippines with his new wife. Eva now wants to know Canada, which she accepted. In 1989, she applied for
Q: Boni and Anne met while working overseas. They Felipe went to the United States, becoming a US citizen what action or actions she can file against Ben. She also and was granted Canadian citizenship. The following
became sweethearts and got engaged to be married on in 1975. In 1980, he obtained a divorce from Felisa, who wants to know if she can likewise marry again. What year, she sued for divorce from Virgilio in a Canadian
New Year’s Eve aboard a cruise ship in the Caribbean. was duly notified of the proceedings. The divorce advice can you give her? (1999 BAR) court. After Virgilio was served with summons, the
They took the proper license to marry in New York City, decree became final under California law. Coming back Canadian court tried the case and decreed the divorce.
where there is a Filipino consulate. But as planned the to the Philippines in 1982, Felipe married Segundina, a A: She may remarry. While a strict interpretation of Art. 26, Shortly thereafter, Flor married a Canadian. Can
wedding ceremony was officiated by the captain of the Filipino citizen. In 2001, Felipe, then domiciled in Los FC would capacitate a Filipino spouse to remarry only when Virgilio marry again in the Philippines? (1996 BAR)
Norwegian-registered vessel in a private suite among Angeles, California, died, leaving one child by Felisa, the other spouse was a foreigner at the time of the marriage,
selected friends. Back in Manila, Anne discovered that and another one by Segundina. He left a will which was the DOJ has issued an opinion (Opinion 134 s. of 1993) that A: YES. In Republic v. Orbecido (GR. No. 154380, 05 Oct.
Boni had been married in Bacolod City five (5) years executed in Manila under which he left his estate to the same injustice sought to be cured by Art. 26, FC is 2005), the Supreme Court ruled that Art. 26(2), FC should
earlier but divorced in Oslo only last year. His first wife Segundina and his two children and nothing to Felisa. present in the case of spouses who were both Filipino at the be interpreted to include cases involving parties who, at the
was also a Filipina but now based in Sweden. Boni time of the marriage but one became an alien subsequently. time of the celebration of the marriage were Filipino
himself is a resident of Norway where he and Anne plan Segundina files a petition for the probate of Felipe’s Said injustice is the anomaly of Eva remaining married to citizens, but later on, one of them becomes naturalized as a
to live permanently. Anne retains your services to will. Felisa questions the intrinsic validity of the will, her husband who is no longer married to her. Hence, said foreign citizen and obtains a divorce decree.
advise her on whether her marriage to Boni is valid arguing that her marriage to Felipe subsisted despite Opinion makes Art. 26, FC applicable to her case and the
under Philippine law? Is there anything else she should the divorce obtained by Felipe because said divorce is divorce obtained abroad by her former Filipino husband The instant case is one where at the time the marriage was
do under the circumstances? (2004 BAR) not recognized in the Philippines. For this reason, she would capacitate her to remarry. To contract a subsequent solemnized, the parties were two (2) Filipino citizens, but
claims that the properties left by Felipe are their marriage, all she needs to do is present to the civil registrar later on, the wife, Flor, was naturalized as a Canadian citizen
A: If Boni is still a Filipino citizen, his legal capacity is conjugal properties and that Segundina has no the decree of divorce when she applies for a marriage and subsequently obtained a divorce granting her capacity
governed by Philippine Law. (Art. 15, NCC) Under Philippine successional rights. (2002 BAR) license under Art. 13, FC. (See also ruling in Republic v. to remarry, and indeed remarried a Canadian. Virgilio, the
law, his marriage to Anne is void because of a prior existing Manalo, supra) Filipino spouse, should likewise be allowed to remarry as if
marriage which was not dissolved by the divorce decreed in (a) Is the divorce secured by Felipe in California the other party were a foreigner at the time of the
Oslo. Divorce obtained abroad by Filipino is not recognized. recognizable and valid in the Philippines? solemnization of the marriage. (See also ruling in Republic v.
Manalo, supra)

17 U N I V E R S IT Y O F S A N T O T O M A S U N I V E R S IT Y O F S A N T O T O M A S 18
FACULTY OF CIVI L LAW 2023 GOLDEN NOTES
 QuAMTO (1987-2022) CIVIL LAW
Q: A Japanese national was able to obtain a divorce A: NO, Maria cannot validly contract a subsequent marriage first marriage. The same rule applies if the second NOTE: In the case of Tan-Andal v. Andal (G.R. No. 196359, 11
decree concerning his marriage with his Filipino wife. without a court declaration of nullity of the first marriage. marriage is merely considered as voidable. May 2021), the Court determined that psychological
The decree capacitated the Japanese national to The law does not recognize the church declaration of nullity incapacity should mean “no less than a mental (not
remarry. Can the Filipino wife now avail of Art. 26 of the of a marriage. PSYCHOLOGICAL INCAPACITY physical) incapacity that causes a party to be truly
Family Code and then remarry? Explain briefly. (2020- (2022, 2016, 2015, 2014, 2013, 2012, 2006, 1997, incognitive of the basic marital covenants that
21 BAR) (b) What must Maria do to enable her to get 2002 BAR) concomitantly must be assumed and discharged by the
married lawfully to another man under parties to the marriage. It must refer to the most serious
A: YES, the Filipino wife may avail of Article 26 of the Family Philippine laws? Q: Art. 36, FC provides that a marriage contracted by cases of personality disorders clearly demonstrative of an
Code after an appropriate petition for the recognition of the any party who, at the time of the celebration, was utter insensitivity or inability to give meaning and
foreign divorce has been granted by the Philippine court. In A: To enable Maria to get married lawfully to another man, psychologically incapacitated to comply with the significance to the marriage.”
a mixed marriage, where a valid divorce is obtained abroad she must obtain a judicial declaration of nullity of the prior essential marital obligations of marriage, shall be void.
which capacitates the alien spouse to remarry, the Filipino marriage under Art. 36, FC. Choose the spouse listed below who is psychologically (b) If existing at the inception of marriage,
spouse shall likewise be capacitated to remarry under incapacitated. Explain. (2006 BAR) would the state of being of unsound mind or
Philippine law. However, a mere grant of divorce by a N.B.: In Pulido v. People (G.R. No. 220149, July 27, 2021, J. the concealment of drug addiction, habitual
foreign tribunal does not automatically give effect to the Hernando), the Supreme Court held that Article 40 of the (A) Nagger alcoholism, homosexuality or lesbianism be
divorce until it is recognized before Philippine courts. The Family Code has retroactive application on marriages (B) Gay or Lesbian considered indicia of psychological
starting point in any recognition of a foreign divorce contracted prior to the effectivity of the Family Code but (C) Congenital sexual pervert incapacity? Explain. (2002 BAR)
judgment is the acknowledgment that our courts do not only for the purpose of remarriage, as the parties are not (D) Gambler
take judicial notice of foreign judgments and laws. (Sakai v. permitted to judge for themselves the nullity of their (E) Alcoholic A: In the case of Santos v. Court of Appeals (G.R. No. 112019,
Republic, G.R. No. 224015, 23 July 2018) This means that the marriage. In other words, in order to remarry, a judicial 04 Jan. 1995), the Supreme Court held that being of unsound
foreign judgment and its authenticity must be proven as declaration of nullity is required for prior marriages A: (b) Gay or Lesbian. The gay or lesbian is psychologically mind, drug addiction, habitual alcoholism, lesbianism or
facts under our rules on evidence, together with the alien's contracted before the effectivity of the Family Code. incapacitated. Being gay or lesbian is a mental disorder homosexuality may be an indicia of psychological
applicable national law. (Central Bar Q&A by Paguirigan, Without a judicial declaration of absolute nullity of the first which prevents the afflicted person from performing the incapacity, depending on the degree of severity of the
2023) marriage having been obtained, the second marriage is essential duties of married life. He or she will not be able to disorder. However, the concealment of drug addiction,
rendered void ab initio even though the first marriage is also perform his duty of sexual consortium with his or her habitual alcoholism, lesbianism or homosexuality is a
considered void ab initio. The only basis for establishing the spouse due to his or her sexual preference for a person of ground of annulment of marriage.
C. VOID MARRIAAGES validity of the second marriage is the judicial decree of the same sex. However, the law requires that the disorder
(2022, 2018, 2017, 2016, 2015, 2014, 2013, 2012, nullity of the first marriage. However, in a criminal or state of being gay or lesbian incapacitating such person (c) If drug addiction, habitual alcoholism,
2011, 2009, 2008, 2007, 2006, 2005, 2002, 1997, 1996, prosecution for bigamy, the parties may still raise the must be existing at the time of the celebration of the lesbianism or homosexuality should occur
1993, 1991 BAR) defense of a void ab initio marriage even without obtaining marriage. only during the marriage, would these
a judicial declaration of absolute nullity if the first marriage constitute grounds for a declaration of
was celebrated before the effectivity of the Family Code. Q: Under what conditions may drug addiction be a nullity or for legal separation, or would they
ground if for a declaration of nullity of marriage (2002, render the marriage voidable? (2002 BAR)
Q: A petition for declaration of nullity of a void marriage
In this case, Maria's marriage with Luis was celebrated 2002 BAR)
can only be filed by either the husband or the wife. Do
when the Civil Code was in effect. Hence, she is required to A: In accordance with law, if drug addiction, habitual
you agree? Explain your answer. (2012 BAR)
obtain a judicial decree of absolute nullity of his prior void A: alcoholism, lesbianism or homosexuality should occur only
ab initio marriage but only for purposes of remarriage. 1. The drug addiction must amount to psychological during the marriage, they:
A: YES, I agree. Under the rules promulgated by the
incapacity to comply with the essential obligations 1. Will not constitute as grounds for declaration of
Supreme Court, a direct action for declaration of nullity may
For guidance, below is the summary of the doctrine of marriage; nullity; (Art. 36, FC)
only be filed by any of the spouses.
enunciated in Pulido: 2. It must be antecedent (existing at the time of 2. Will constitute as grounds for legal separation; (Art. 55,
marriage), grave and incurable; and FC) and
Q: Maria and Luis, both Filipinos, were married by a
1. The parties are not required to obtain a judicial 3. The case must be filed before 03 Aug. 1988. 3. Will not constitute as grounds to render the marriage
Catholic priest in Lourdes Church, Quezon City in 1976,
declaration of absolute nullity of a void ab initio Because if they got married before 03 Aug. 1998, it voidable. (Arts. 45 and 46, FC)
Luis was drunk on the day of his wedding. In fact, he
first and subsequent marriages in order to raise it must be filed before 03 Aug. 1998.
slumped at the altar soon after the ceremony. After
as a defense in a bigamy case. The same rule now Q: Leo married Lina and they begot a son. After the birth
marriage, Luis never had a steady job because he was
applies to all marriages celebrated under the Civil Q: of their child, Lina exhibited unusual behavior and
drunk most of the time. Finally, he could not get
Code and the Family Code. Article 40 of the Family (a) Give a brief definition or explanation of the started to neglect her son; she frequently went out with
employed at all because of drunkenness. Hence, it was
Code did not amend Article 349 of the RPC, and term “psychological incapacity” as a ground her friends and gambled in casinos. Lina later had
Maria who had to earn a living to support herself and
thus, did not deny the accused the right to for the declaration of nullity of a marriage. extra-marital affairs with several men and eventually
her child begotten with Luis. In 1986, Maria filed a
collaterally attack the validity of a void ab initio (2002 BAR) abandoned Leo and their son. Leo was able to talk to the
petition in the church matrimonial court in Quezon City
marriage in the criminal prosecution for bigamy. psychiatrist of Lina who told him that Lina suffers from
to annul her marriage with Luis on the ground of
A: Psychological Incapacity is a mental disorder of the most dementia praecox, a form of psychosis where the
psychological incapacity to comply with his marital
2. However, if the first marriage is merely voidable, serious type showing the incapability of one or both afflicted person is prone to commit homicidal attacks.
obligation. Her petition was granted by the church
the accused cannot interpose an annulment decree spouses to comply the essential marital obligations of love, Leo was once stabbed by Lina but fortunately he only
matrimonial court. (1993 BAR)
as a defense in the criminal prosecution for bigamy respect, cohabitation, mutual help and support, trust and suffered minor injuries. Will a Petition for Declaration
since the voidable first marriage is considered valid commitment. It must be characterized by juridical of Nullity of Marriage filed with the court prosper?
(a) Can Maria now get married legally to another
and subsisting when the second marriage was antecedence, gravity and incurability and its root causes Explain. (2016 BAR)
man under Philippine laws after her marriage
contracted. The crime of bigamy, therefore, is must be clinically identified or examined. (Santos v. Court of
to Luis was annulled by the church matrimonial
consummated when the second marriage was Appeals, G.R. No. 112019, 04 Jan. 1995)
court? Explain.
celebrated during the subsistence of the voidable

19 U N I V E R S IT Y O F S A N T O T O M A S U N I V E R S IT Y O F S A N T O T O M A S 20
FACULTY OF CIVI L LAW 2023 GOLDEN NOTES
 QuAMTO (1987-2022) CIVIL LAW
A: NO, the petition for nullity should be denied. manifests itself through clear acts of dysfunctionality that from its performance, no judicial is necessary to establish A: I will resolve the appeal in favor of the Republic. In the
Psychological incapacity under Article 36 must be undermines the family. The spouse's personality structure its invalidity. case of Dedel v. Dedel (G.R. No. 151867, 29 Jan. 2004), the
characterized by (a) gravity, (b) juridical antecedence and must make it impossible for him or her to understand and, Supreme Court refused to declare the marriage of the
(c) incurability. The incapacity must be grave or serious more important, to comply with his or her essential marital ALTERNATIVE ANSWER: parties void on the ground of sexual infidelity of the wife
such that the party would be incapable of carrying out the obligations. The supposed behavior of Jusni was stress- Sharon. In the case mentioned, the wife committed infidelity
ordinary duties required in marriage. It must be rooted in induced and does not form part of his personality structure. Irrespective of when the marriage took place, other than for with several men up to the extent of siring two illegitimate
the history of the party antedating the marriage, although Thus, based on the standards in Tan-Andal, Jusni is not purposes of remarriage, no judicial action is necessary to children with a foreigner. The Court, however, said that it
the overt manifestations may only emerge after the psychologically incapacitated. (Central Bar Q&A by declare a marriage absolute nullity. For other purposes, was not shown that the sexual infidelity was a product of a
marriage. It must be incurable or, even if it were otherwise, Paguirigan, 2023) such as but not limited to determination of heirship, disordered personality and that it was rooted in the history
the cure would be beyond the means of the party involved. legitimacy or illegitimacy of a child, settlement of estate, of the party alleged to be psychologically incapacitated.
(Ligarde v. Patalinghug, G.R. No. 168796, 15 Apr. 2010) In Q: Brad and Angelina had a secret marriage before a dissolution of property regime, or a criminal case for that Also, the finding of psychological incapacity cannot be
several cases decided by the Supreme Court, a finding of pastor whose office is located in Arroceros Street, City matter, the court may pass upon the validity of marriage based on the interviews conducted by the clinical
psychological incapacity must be based on an in-depth of Manila. They paid money to the pastor who took care even in a suit not directly instituted to question the same so psychologist on the husband or his witnesses and the
assessment of the parties by the psychologist or expert, for of all the documentation. When Angelina wanted to go long as it is essential to the determination of the case. This person alleged to be psychologically incapacitated must be
a conclusive diagnosis of a grave, severe and incurable to the U.S., she found out that there was no marriage is without prejudice to any issue that may arise in the case. personally examined to arrive at such declaration. (Marcos
presence of psychological incapacity (Ngo Te v. Yu-Te, G.R. license issued to them before their marriage. Since When such need arises, a final judgment of declaration of v. Marcos, G.R. No. 136490, 19 Oct. 2000; Agraviador v.
No. 161793, 13 Feb. 2009; Paz v. Paz G.R. No. 166579 18 Feb. their marriage was solemnized in 1995 after the nullity is necessary even if the purpose is other than to Agraviador, G.R. No. 170729, 08 Dec. 2010)
2010) In this case, the there was no mention that the effectivity of the Family Code, Angelina filed a petition remarry. The clause on the basis of a final judgment
psychiatrist who examined Lina was ever presented in for judicial declaration of nullity on the strength of a declaring such previous marriage void in Art. 40, FC NOTE: In the landmark case of Tan Andal v. Andal (G.R. No.
court. Rather, it was the husband Leo who gave an account certification by the Civil Registrar of Manila that, after a connotes that such final judgment needs to be obtained only 196359, 11 May 2021), the Court categorically abandoned
of what the psychiatrist told him about Lina's condition. diligent and exhaustive search, the alleged marriage for purpose of remarriage. (Ablaza v. Republic, G.R. No. the second Molina guideline. Psychological incapacity is
(Central Bar Q&A by Paguirigan, 2023) license indicated in the marriage certificate does not 158298, 11 Aug. 2010) neither a mental incapacity nor a personality disorder that
appear in the records and cannot be found. (2016 BAR) must be proven through expert opinion. Ordinary witnesses
Q: Razna and Junsi got married in 2015 and were Q: Kardo met Glenda as a young lieutenant and after a who have been present in the life of the spouses before the
blessed with two children, Zarah and Mica. In 2020, (a) Decide the case and explain. whirlwind courtship, they were married. In the early latter contracted marriage may testify on behaviors that
because of the COVID-19 pandemic, the entire family part of his military career, Kardo was assigned to they have consistently observed from the supposedly
had to spend 24 hours together every day in their small A: I will grant the petition for judicial declaration of nullity different places all over the country, but Glenda refused incapacitated spouse.
house. Razna observed that although Junsi continued to of Brad and Angelina’s marriage on the ground that there is to accompany him as she preferred to live in her
work from home to support the family, he began to a lack of marriage license. Art. 3, FC provides that one of the hometown. They did not live together until the 12th Q: Ariz and Paz were officemates at Perlas ng Silangan
exhibit paranoia, and constantly kept making sure that formal requisites of marriage is a valid marriage license and year of their marriage when Kardo had risen up the Bank (PSB). They fell in love with each other and had a
they always washed their hands and rubbed them with Art. 4 of the same Code states that absence of any of the ranks and was given his own command. They moved to civil and church wedding. Meanwhile, Paz rapidly
alcohol 10 times before eating. Junsi also always wore a essential or formal requisites shall render the marriage void living quarters in Fort Gregorio. One day, while Kardo climbed the corporate ladder of PSB and eventually
face mask, face shield and hazmat in the house, except ab initio. In Abbas v. Abbas (G.R. No. 183896 30 Jan. 2013), was away on official business, one of his military aides became its Vice President, while Ariz remained one of
when he was alone in the room. Junsi began sleeping the Supreme Court declared the marriage as void ab initio caught Glenda having sex with the corporal assigned as its bank supervisors, although he was short of 12 units
separately from Razna and their children. He believed because there is proof of lack of record of marriage license. Kardo's driver. The aide immediately reported the to finish his Masters of Business Administration (MBA)
that other people who wanted to meet him in person The certification by the Civil Registrar of Manila that, after matter to Kardo who rushed home to confront his wife. degree.
were actively trying to harm him by exposing him to the diligent and exhaustive search, the alleged marriage license Glenda readily admitted the affair and Kardo sent her
virus. In early 2022, Razna filed a petition for indicated in the marriage certificate does not appear in the away in anger. Kardo would later come to know the true Ariz became envious of the success of his wife. He
declaration of nullity of her marriage with Junsi on the records and cannot be found proves that the marriage of extent of Glenda's unfaithfulness from his aides, his started to drink alcohol until he became a drunkard. He
ground of psychological incapacity under Art. 36 of the Brad and Angelina was solemnized without the requisite household staff, and former neighbors who informed preferred to join his "barkadas"; became a wifebeater;
Family Code, citing his atypical behavior. She presented marriage license and is therefore void ab initio. The absence him that Glenda has had intimate relations with various would hurt his children without any reason; and failed
the testimony of a doctor, who proved that Junsi was of the marriage license was certified by the local civil men throughout their marriage whenever Kardo was to contribute to the needs of the family. Despite
suffering from psychotic paranoia due to intense stress, registrar who is the official custodian of these documents away on assignment. rehabilitation and consultation with a psychiatrist, his
which accounted for his belief in things that are not and who is in the best position to certify the existence of ways did not change.
real. these records. Also, there is a presumption of regularity in Kardo filed a petition for declaration of nullity of
the performance of official duty. (Republic v. Court of marriage under Art. 36, FC. Based on interviews from After 19 years of marriage, Paz, a devout Catholic,
Should Razna’s petition be granted? Explain briefly. Appeals and Castro, G.R. No. 103047, 02 Sept. 1994) Kardo, his aide, and the housekeeper, a psychologist decided to have their marriage annulled by the church.
(2022 BAR) testified that Glenda's habitual infidelity was due to her Through the testimony of Paz and a psychiatrist, it was
(b) In case the marriage was solemnized in 1980, affliction with Histrionic Personality Disorder, an found that Ariz was a spoiled brat in his youth and was
A: NO, Razna’s petition should not be granted. Psychological before the effectivity of the Family Code (03 illness characterized by excessive emotionalism and sometimes involved in brawls. In his teens, he was once
incapacity has been ruled to be a legal concept and not a Aug. 1988), is it required that a judicial petition uncontrollable attention-seeking behavior rooted in referred to a psychiatrist for treatment due to his
medical concept. (Tan-Andal v. Andal, G.R. No. 196359, 11 be filed to declare the marriage null and void? Glenda's abandonment as a child by her father. Kardo violent tendencies. In due time, the National Appellate
May 2021) Here, the fact that Jusni was suffering from Explain. himself, his aide, and his housekeeper also testified in Matrimonial Tribunal (NAMT) annulled the union of
psychotic paranoia does not make him automatically unable court. The RTC granted the petition, relying on the Ariz and Paz due to the failure of Ariz to perform and
to comply with essential marital obligations. Based on the A: NO, it is not required that a judicial petition be filed to liberality espoused by Te v. Te and Azcueta v. Republic. fulfill his duties as a husband and as a father to their
facts, despite his atypical behavior, he still continues to declare the marriage null and void when said marriage was However, the OSG filed an appeal, arguing that sexual children. The NAMT concluded that it is for the best
work and support his family. To be considered a ground to solemnized before the effectivity of the Family Code. As infidelity was only a ground for legal separation and interest of Paz, Ariz and their children to have the
declare the marriage void, the psychological incapacity stated in the cases of People v. Mendoza (G.R. No. L-5877, 28 that the RTC failed to abide by the guidelines laid down marriage annulled.
must be shown to be a durable or enduring aspect of a Sept. 1954) and People v. Aragon (G.R. No. L-10016, 28 Feb. in the Molina case. How would you decide the appeal?
person's personality, called “personality structure,” which 1957) the old rule is that where a marriage is illegal and void (2015 BAR)

21 U N I V E R S IT Y O F S A N T O T O M A S U N I V E R S IT Y O F S A N T O T O M A S 22
FACULTY OF CIVI L LAW 2023 GOLDEN NOTES
 QuAMTO (1987-2022) CIVIL LAW
In view of the NAMT decision, Paz decided to file a essential that they must be shown to be incapable of doing A: NO. No, the annulment must be denied. In petitions for ABSENCE OF ANY OF THE ESSENTIAL OR FORMAL
Petition for Declaration of Nullity of Marriage of their so, due to some psychological (not physical) illness. declaration of nullity based on Article 36, jurisprudence REQUISITES OF MARRIAGE
civil wedding before the Regional Trial Court (RTC) of (Republic v. Court of Appeals and Molina, G.R. No. 108763, 13 instructs that the psychologist must conduct a personal and (2011 BAR)
Makati City using the NAMT decision and the same Feb. 1997) In this case, the pieces of evidence presented are independent assessment of the person alleged to be
evidence adduced in the church annulment not sufficient to conclude that indeed Neil is suffering from psychologically incapacitated. In this case, the psychological Q: Conrad and Linda, both 20 years old, applied for a
proceedings as basis. If you are the judge, will you grant a psychological incapacity (Narcissistic Personality report was solely based on petitioner's narration who has marriage license, making it appear that they were over
the petition? Explain. (2014 BAR) Disorder) existing already before the marriage, incurable an interest on the positive outcome of the case in his favor 25. They married without their parents’ knowledge
and serious enough to prevent Neil from performing his (Marcos v. Marcos, G.R. No. 136490, 19 Oct. 2000) (Central before an unsuspecting judge. After the couple has been
A: If I were the judge, I will not grant the petition. While the essential marital obligations. Dr. Chan’s report contains Bar Q&A by Paguirigan, 2023) in cohabitation for 6 years, Linda’s parents filed an
decision of the church tribunal annulling the marriage of the mere conclusions. Being a drunkard, a womanizer, a action to annul the marriage on ground of lack of
parties may be persuasive, it is not however, binding upon gambler and a mama’s boy merely shows Neil’s failure to Q: Gemma filed a petition for the declaration of nullity parental consent. Will the case prosper? (2011 BAR)
the civil courts. For psychological incapacity to be a ground perform his marital obligations. In a number of cases, the of her marriage with Arnell on the ground of
for nullity, it must be shown that it was rooted in the history Supreme Court did not find the existence of psychological psychological incapacity. She alleged that after two (2) (a) No, since only the couple can question the
of the party alleged to be suffering from it, it must be grave, incapacity in cases where the respondents showed habitual months of their marriage, Arnell showed signs of validity of their marriage after they became 21
serious, and incurable such that it renders the person drunkenness (Republic v. Melgar, G.R. No. 139676, 31 Mar. disinterest in her, neglected her and went abroad. He of age; their cohabitation also convalidated the
incapacitated to perform the essential marital obligations 2006), blatant display of infidelity and irresponsibility returned to the Philippines after three (3) years but did marriage.
due to causes psychological in nature. In the case presented, (Dedel v. Court of Appeals, G.R. No. 151867, 29 Jan. 2004), or not even get in touch with her. Worse, they met several (b) No, since Linda’s parents made no allegations
it appears that Ariz fulfilled his marital obligations at the being hooked to gambling and drugs. (Republic v. Tanyag- times in social functions, but he snubbed her. When she that earnest efforts have been made to come to
beginning and it was only after feeling envious about the San Jose, G.R. No. 168328, 22 Feb. 2007) got sick, he did not visit her even if he knew of her a compromise with Conrad and Linda and
success of Paz that he started exhibiting violent tendencies confinement in the hospital. Meanwhile, Arnell met an which efforts failed.
and refused to comply with marital obligations. NOTE: In the case of Tan-Andal v. Andal (G.R. No. 196359, 11 accident which disabled him from reporting for work (c) Yes, since the marriage is voidable, the couple
Psychological incapacity is not mere refusal but outright May 2021), the Court unanimously modified the and earning a living to support himself. Will Gemma's being below 21 years of age when they married.
incapacity to perform marital obligations which does not interpretation of the requirements of psychological suit prosper? Explain. (2006 BAR) (d) Yes, since Linda’s parents never gave their
appear to be present in the case of Ariz. (Marcos v. Marcos, incapacity as a ground for declaration of nullity of marriage consent to the marriage
G.R. No. 136490- October 19, 2000) (Central Bar Q&A by found in Art. 36, FC. A: Gemma’s suit will not prosper. The acts of Arnell
Paguirigan, 2023) complained about do not by themselves constitute A: (a) NO, since only the couple can question the validity of
With respect to gravity, the requirement is retained, not in psychological incapacity. It is not enough to prove the their marriage after they became 21 of age; their
Q: You are a Family Court judge and before you is a the sense that psychological incapacity must be shown to be commission of those acts or the existence of his abnormal cohabitation also convalidated the marriage.
Petition for the Declaration of Nullity of Marriage a serious or dangerous illness, but that “mild behavior. It must be shown that those acts or that behavior
(under Art. 36, FC) filed by Maria against Neil. Maria characterological peculiarities, mood changes, occasional was manifestation of a serious mental disorder and that it is LACK OF MARRIAGE LICENSE AND NOT EXEMPT FROM
claims that Neil is psychologically incapacitated to emotional outbursts” are excluded. The psychological the root cause why he was not able to perform the essential THE MARRIAGE LICENSE REQUIREMENT
comply with the essential obligations of marriage incapacity cannot be mere “refusal, neglect, or difficulty, duties of married life. It must also be shown that such (2017, 2008)
because Neil is a drunkard, a womanizer, a gambler, much less ill will.” In other words, it must be shown that the psychological incapacity, as manifested in those acts or that
and a mama's boy—traits that she never knew or saw incapacity is caused by a genuinely serious psychic cause. behavior, was existing at the time of the celebration of the Q: State whether the following marital unions are valid,
when Neil was courting her. Although summoned, Neil marriage. In this case, there was no showing that Arnell was void, or voidable, and give the corresponding
did not answer Maria's petition and never appeared in With respect to juridical antecedence, difficult to prove as suffering from a manifestation of that disorder, and that justifications for your answer:
court. To support her petition, Maria presented three it may be, it is still required to be proven as it is an explicit such disorder prevented him from complying with his
witnesses–herself, Dr. Elsie Chan, and Ambrosia. Dr. requirement of the law. Art. 36, FC is clear that the duties as a married person. Marriage of Zoren and Carmina who did not secure a
Chan testified on the psychological report on Neil that psychological incapacity must be existing “at the time of the marriage license prior to their wedding but lived
she prepared. Since Neil never acknowledged nor celebration” of the marriage,” even if such incapacity Tan-Andal v. Andal together as husband and wife for 10 years without any
responded to her invitation for interviews, her report becomes manifest only after its solemnization. This G.R. No. 196359, 11 May 2021 legal impediment to marry. (2017, 2008 BAR)
is solely based on her interviews with Maria and the distinguishes psychological incapacity from divorce.
spouses' minor children. Dr. Chan concluded that Neil is A: If Zoren and Carmina lived together as husband and wife
suffering from Narcissistic Personality Disorder, an With respect to incurability, it is not in the medical, but in for 10 years prior to their marriage, then the marriage is
ailment that she found to be already present since Neil's the legal sense; hence, the third Molina guideline is valid, despite the absence of the marriage license. An
early adulthood and one that is grave and incurable. amended accordingly, which means that the incapacity is so exception to the rule that a marriage shall be void if
Maria testified on the specific instances when she found enduring and persistent with respect to a specific partner solemnized without license under Art. 35(3) is that
Neil drunk, with another woman, or squandering the and contemplates a situation where the couple’s respective provided for under Art. 34, FC. When a man and a woman
family's resources in a casino. Ambrosia, the spouses' personality structures are so incompatible and antagonistic have lived together as husband and wife for at least five (5)
current household help, corroborated Maria's that the only result of the union would be the inevitable and years and without any legal impediment to marry each
testimony. irreparable breakdown of the marriage. other, they may celebrate the marriage without securing a
marriage license.
On the basis of the evidence presented, will you grant Q: The petitioner filed a petition for declaration of
the petition? (2013, 2012, 2006, 1996 BAR) nullity of marriage based allegedly on the psychological
incapacity of the respondent, but the psychologist was
A: NO. The petition should be denied. The psychological not able to personally examine the respondent and the
incapacity under Art. 36, FC must be characterized (a) psychological report was based only on the narration of
gravity, (b) juridical antecedence, and (c) incurability. It is the petitioner. Should the annulment be granted?
not enough to prove that the parties failed to meet their Explain. (2012 BAR)
responsibilities and duties as married persons; it is

23 U N I V E R S IT Y O F S A N T O T O M A S U N I V E R S IT Y O F S A N T O T O M A S 24
FACULTY OF CIVI L LAW 2023 GOLDEN NOTES
 QuAMTO (1987-2022) CIVIL LAW
LACK OF AUTHORITY OF THE SOLEMNIZING OFFICER Ric and Gigi cannot claim that they believed in good faith INCENSTOUS MARRIAGE BIGAMOUS OR POLYGAMOUS MARRIAGES
(2012, 2006 BAR) and that the Baptist Minister had the authority to solemnize (2008, 2007 BAR) (2017, 2008, 2005, 1993, 1991 BAR)
the marriage and invoke Art. 35(2), FC to make the marriage
Q: Agay, a Filipino citizen and Topacio, an Australian valid. The provision of the Family Code applies only to a Q: TRUE or FALSE. Amor gave birth to Thelma when she Q: State whether the following marital unions are valid,
citizen, got married in the consular office of the mistake of fact, and not to a mistake of law. Hence the fact was 15 years old. Thereafter, Amor met David and they void, or voidable, and give the corresponding
Philippines in Australia. According to the laws of that the Minister’s license was expired will not affect the got married when she was 20 years old. David had a son, justifications for your answer:
Australia, a marriage solemnized by a consular official validity of the marriage if Ric or Gigi believed in good faith Julian, with his ex-girlfriend Sandra. Julian and Thelma
is valid, provided that such marriage is celebrated in that the Minister had a valid license. That would be a can get married. (2007 BAR) Eli and Fely’s marriage solemnized 7 years after the
accordance with the laws of such consular official. mistake of fact. However, believing that the Minister had disappearance of Chona, Eli’s previous spouse, after the
Under Philippine law, what is the status of the marriage authority to solemnize the marriage even if none of the A: TRUE. Julian and Thelma can get married. Marriage plane she had boarded crashed in the West Philippine
of Agay and Topacio? Choose the best answer. (2012 contracting parties was a member of the Minister’s religious between stepbrothers and stepsisters are not among the Sea. (2017, 2008 BAR)
BAR) sect is a mistake of law. This is because the law expressly marriages prohibited under the Family Code.
provides that the Minister has authority only if one or both A: The marriage is void under Art. 35(4) in relation to Art.
A) Void, because the consular official only has contracting parties are members of the Minister’s religious Q: Despite several relationships with different women, 41, FC. The requisites of a valid marriage under Art. 41, FC
authority to solemnize marriages between sect. (Art. 7(2), FC) A mistake of law does not excuse from Andrew remained unmarried. His first relationship are as follows: 1) the prior spouse had been absent for 4
Filipinos. non-compliance. with Brenda produced a daughter, Amy, now 30 years consecutive years, except when the disappearance is in
B) Valid, because according to the laws of old. His second, with Carla, produced two (2) sons: Jon danger of death which only requires 2 years; 2) the present
Australia, such consular official has authority to (b)What is the status of the marriage between Ric and Ryan. His third, with Elena, bore him no children spouse had a well-founded belief that the absent spouse
celebrate the marriage. and Juliet — valid, voidable or void? although Elena has a daughter, Jane, from a previous was already dead; and 3) the spouse present must institute
C) Voidable, because there is an irregularity in the relationship. His last, with Fe, produced no biological a summary proceeding for declaration of presumptive
authority of the consular official to solemnize A: The marriage between Ric and Juliet is void because Juliet children but they informally adopted without court death. There is nothing in the facts that suggest that Eli
marriages. was below 18 years of age. Under the Family Code, the proceedings, Sandy's now 13 years old, whom they instituted a summary proceeding for declaration of
D) Valid, because such marriage is recognized as requisite age for legal capacity to contract marriage is 18 consider as their own. Sandy was orphaned as a baby presumptive death of her previous spouse and this cannot
valid in the place where it was celebrated. years old and a marriage by a party who is below 18 years and was entrusted to them by the midwife who be presumed. Thus, the exception under Art. 35(4), FC is
old is void under all circumstances. Hence, even though attended to Sandy's birth. All the children, including inapplicable and the subsequent marriage is void.
A: A. (UPLC Suggested Answers) Juliet’s parents have given their consent to the marriage and Amy, now live with Andrew in his house. Can Jon and
even though Ric believed in good faith that she was 18 years Jane legally marry? (2008 BAR) ALTERNATIVE ANSWER:
Q: Gigi and Ric, Catholics, got married when they were old, the marriage is void. (Art. 35(1), FC)
18 years old. Their marriage was solemnized on 02 Aug. A: YES. Jon and Jane can marry each other; Jon is an If the marriage was celebrated under the NCC, the marriage
1989 by Ric's uncle, a Baptist Minister, in Calamba, (c) Suppose Ric himself procured the falsified birth illegitimate child of Andrew while Jane is a child of Elena would be valid, as no declaration of presumptive death is
Laguna. He overlooked the fact that his license to certificate to persuade Juliet to marry him from a previous relationship. Thus, their marriage is not one necessary under Art. 391 of the said Code.
solemnize marriage expired the month before and that despite her minority and assured her that of the prohibited marriages enumerated under Art. 38, FC.
the parties do not belong to his congregation. After five everything is in order. He did not divulge to her Q: A and B, both 18 years old, were sweethearts
(5) years of married life and blessed with two (2) his prior marriage with Gigi. What action, if any, VOID BY REASON OF PUBLIC POLICY studying in Manila. On 03 Aug. 1988, while in 1st year
children, the spouses developed irreconcilable can Juliet take against him? Explain. (2017, 2012, 2008 BAR) college, they eloped. They stayed in the house of a
differences, so they parted ways. While separated, Ric mutual friend in town X, where they were able to obtain
fell in love with Juliet, a 16-year-old sophomore in a A: Juliet may file an action to declare her marriage to Ric null Q: State whether the marital union is valid, void, or a marriage license. On 30 Aug. 1988, their marriage was
local college and a Seventh Day Adventist. They decided and void on the ground that she was not of marrying age. voidable, and give the corresponding justifications for solemnized by the town mayor of X in his office.
to get married with the consent of Juliet's parents. She She may also file a criminal case against Ric for Bigamy your answer: Thereafter, they returned to Manila and continued to
presented to him a birth certificate showing she is 18 because he contracted the marriage with her without a live separately in their respective boarding houses,
years old. Ric never doubted her age much less the judicial declaration of nullity of his first marriage to Gigi. Carlos’ marriage to Dina which took place after Dina concealing from their parents, who were living in the
authenticity of her birth certificate. They got married in She may also file a criminal case for Falsification, Perjury, or had poisoned her previous husband Edu in order to free province what they had done. In 1992, after graduation
a Catholic church in Manila. A year after, Juliet gave Illegal Marriage as the case may be. herself from any impediment in order to live with from college, A and B decided to break their relation
birth to twins, Aissa and Aretha. (2006 BAR) Carlos. (2017, 2008 BAR) and parted ways. Both went home to their respective
In case the facts and the evidence will warrant, she may also towns to live and work. Can either or both of them
(a) What is the status of the marriage between Gigi file a criminal case for Seduction. In all these cases, Juliet A: The marriage of Carlos to Dina is void for reasons of contract marriage with another person without
and Ric — valid, voidable or void? Explain. may recover damages. public policy. Art. 38(9), FC provides that marriage between committing bigamy? Explain your answer. (1993 BAR)
parties where one, with the intention to marry the other,
A: The marriage between Gigi and Ric is void because a killed that other person’s spouse or his or her own spouse A: Either or both of the parties cannot contract marriage in
minister has no authority to solemnize a marriage between (d)If you were the counsel for Gigi, what action/s is void from the beginning for reasons of public policy. the Philippines with another person without committing
contracting parties who were both not members of the will you take to enforce and protect her Which of the following marriages is void for reasons of bigamy, unless there is compliance with the requirements
minister’s religious sect. Under the Family Code, a minister interests? Explain. public policy? (2012 BAR) of Art. 52, FC namely: there must be a judgment of
or a priest has authority to solemnize a marriage but only if annulment or absolute nullity of the marriage, partition and
one or both contracting parties are members of the religious A: As counsel for Gigi, I will file an action for declaration of A) Between brothers and sisters, whether of the distribution of the properties of the spouses and the
sect of the priest or minister. Since neither Ric nor Gigi was nullity of Gigi’s marriage to Ric on the ground of absence of full or half blood. delivery of their children’s presumptive legitimes, which
a member of the Baptist Church because both of them were authority of the Baptist minister to solemnize the marriage B) Between step-parents and step children. shall be recorded in the appropriate Civil Registry of
Catholic, the Baptist Minister did not have authority to between Ric and Gigi who were both non-members of the C) Between parents-in-law and children-in-law. Property, otherwise, the same shall not affect third persons
solemnize their marriage. Baptist Church. (Art. 7(2), FC) D) b and c and the subsequent marriage shall be null and void. (Arts.
52 and 53, FC)
A: C. (UPLC Suggested Answers)

25 U N I V E R S IT Y O F S A N T O T O M A S U N I V E R S IT Y O F S A N T O T O M A S 26
FACULTY OF CIVI L LAW 2023 GOLDEN NOTES
 QuAMTO (1987-2022) CIVIL LAW
SUBSEQUENT MARRIAGES UNDER ART. 53 OF THE FC A: Annulment of the marriage contract: A: (b) NO, since the marriage was merely voidable, and Judy
(2017, 2008 BAR) D. VOIDABLE MARRIAGES ratified it by freely cohabiting with Baldo after the force and
(2018, 2017, 2016, 2015, 2014, 2013, 2012, 2011, 1. The drug addiction must be concealed; intimidation had ceased.
Q: State whether the following marital unions are valid, 2010, 2009, 2008, 2007, 2002, 1997, 1996, 1995, 1990 2. It must exist at the time of marriage;
void, or voidable, and give the corresponding BAR) 3. There should be no cohabitation with full IMPOTENCE
justifications for your answer: knowledge of the drug addiction; and (2010, 2009, 2007 BAR)
4. The case is filed within 5 years from discovery.
David who married Lina immediately the day after Q: True or False. The day after John and Marsha got
CONSENT WAS OBTAINED BY FRAUD
obtaining a judicial decree annulling his prior marriage Q: Bert and Baby were married to each other on 23 Dec. married, John told her that he was impotent. Marsha
(2012, 2011, 2002, 1997, 1996 BAR)
to Elisa. (2017, 2008 BAR) 1988. Six (6) months later, she discovered that he was a continued to live with John for two (2) years. Marsha is
drug addict. Efforts to have him rehabilitated were now estopped from filing an annulment case against
Q: Ricky and Princess were sweethearts. Princess
A: The marriage is valid as there were no facts showing that unsuccessful. Can Baby ask for annulment of marriage, John. (2010, 2007 BAR)
became pregnant. Knowing that Ricky is preparing for
David and Lina have properties and children, which would or legal separation? Explain. (1996 BAR)
the examinations, Marforth, a lawyer and cousin of
render the marriage void under Art. 53, FC, in relation to A: FALSE. Marsha is not estopped from filing an annulment
Princess, threatened Ricky with the filing of a complaint
Art. 52, FC. In addition, David and Lina have no impediment A: YES. Baby can file for annulment or legal separation. case against John on the ground of his impotence, because
for immorality in the Supreme Court, thus preventing
to marry. There is no showing in the facts that the action had she learned of his impotence after the celebration of the
him from taking examinations unless he marries
prescribed. Thus, assuming that Bert’s drug addiction was marriage and not before. Physical incapacity to
Princess. As a consequence of the threat, Ricky married
ALTERNATIVE ANSWER: concealed and existed at the time of the marriage, consummate is a valid ground for the annulment of
Princess. Can the marriage be annulled on the ground
annulment can still be had because Baby is given 5 years marriage if such incapacity was existing at the time of the
of intimidation under Art. 45 of the FC? Choose the best
If the spouses have properties and children, the marriage is upon discovery to file the same. (Art. 47(3), FC) As for legal marriage, continues and appears to be incurable. The
answer. (2012 BAR)
void under Art. 53, FC, in relation to Art. 52, FC. For a separation, Baby is also given a period of 5 years. (Art. 57, marriage may be annulled on this ground within five years
marriage subsequent to a judgment of annulment of a FC) from its celebration. (Art. 45(5), FC)
A) Yes, because without the threat, Ricky would
previous marriage to be valid, the properties of the spouses
not have married Princess.
must have been partitioned and distributed, the ALTERNATIVE ANSWER: Q: Emmanuel and Margarita, American citizens and
B) Yes, because the threat to enforce the claim of
presumptive legitimes of children, if any, must have been employees of the U.S. State Department, got married in
Princess vitiates the consent of Ricky in
delivered, and the aforementioned facts must be recorded NO, Baby cannot file for annulment or legal separation, the African state of Kenya where sterility is a ground for
contracting the marriage.
in the civil registry and registries of property. The marriage having been ratified by her continuous cohabitation and annulment of marriage. Thereafter, the spouses were
C) No, because the threat made by Marforth is just
was entered into the day after obtaining a judicial decree of condonation, respectively. As for annulment, upon assigned to the U.S. Embassy in Manila. On the first year
and legal.
annulment and it would have been impossible for David to discovery of her husband’s addiction, it is stated in the facts of the spouses’ tour of duty in the Philippines,
D) No, because Marforth is not a party to the
comply with the requirements in such a short time. that rehabilitation was considered but was unsuccessful. Margarita filed an annulment case against Emmanuel
contract of marriage between Princess and
Therefore, the marriage is void. Assuming that Baby continued living with Bert during the before a Philippine court on the ground of her
Ricky.
rehabilitation of the latter, the fraud under Art. 45(3) in husband’s sterility at the time of the celebration of the
relation to Art. 46(6), FC is ratified by their free marriage. Assume Emmanuel and Margarita are both
A: C. (UPLC Suggested Answers)
cohabitation. As for legal separation, choosing to first Filipinos. After their wedding in Kenya, they come back
rehabilitate her husband before filing for legal separation and take up residence in the Philippines. Can their
Q: Rene and Lily got married after a brief courtship.
after it has failed can be deemed as condonation. (Art. 56(1), marriage be annulled on the ground of Emmanuel’s
After one month, Lily discovered that while Rene
FC) sterility? (2009 BAR)
presented himself as a macho man he was actually gay.
He would not go to bed with her. He kept obscene
VITIATED CONSENT A: NO, the marriage cannot be annulled under Philippine
magazines of nude men and always sought the company
(2011 BAR) law. Sterility is not a ground for annulment of marriage
of handsome boys. What legal remedy does Lily have?
under Art. 45, FC.
(2011 BAR)
Q: Baldo, a rejected suitor, intimidated Judy into
marrying him. While she wanted to question the AFFLICTED WITH AN STD
A) She can file an action for annulment of marriage
validity of their marriage two years after the (2017, 2008, 1995 BAR)
on ground of fraud.
intimidation ceased, Judy decided in the meantime to
B) She can seek a declaration of nullity of the
freely cohabit with Baldo. After more than five (5) years Q: State whether the marital union is valid, void, or
marriage based on Rene’s psychological
following their wedding, Judy wants to file a case for voidable, and give the corresponding justifications for
incapacity.
annulment of marriage against Baldo on ground of lack your answer:
C) She can go abroad and file for divorce in a
of consent. Will her action prosper? (2011 BAR)
country that can grant it.
Ador and Becky’s marriage wherein Ador was afflicted
D) She has none since she had the opportunity to
(a) Yes, the action for annulment is with AIDS prior to the marriage. (2017, 2008 BAR)
examine the goods and freely entered into the
imprescriptible.
marriage.
(b) No, since the marriage was merely voidable, A: The marriage is voidable, because Ador was afflicted with
and Judy ratified it by freely cohabiting with a serious and incurable STD at the time of marriage. For a
A: A. (UPLC Suggested Answers)
Baldo after the force and intimidation had marriage to be annulled under Art. 45(6), the STD must be:
ceased.
Q: Under what conditions may drug addiction be a
(c) No, since the action prescribed 5 years from the 1. Existing at the time of marriage;
ground, if for an annulment of the marriage contract
date of the celebration of the marriage. 2. Found to be serious and incurable; and
(2002, 1997 BAR)
(d) Yes, because the marriage was celebrated 3. Unknown to the other party.
without Judy's consent freely given.

27 U N I V E R S IT Y O F S A N T O T O M A S U N I V E R S IT Y O F S A N T O T O M A S 28
FACULTY OF CIVI L LAW 2023 GOLDEN NOTES
 QuAMTO (1987-2022) CIVIL LAW
Since Ador was afflicted with AIDS, which is a serious and such is not considered incestuous nor against public policy. A: I will grant partial reconsideration. If the marriage is (d) If the husband has a serious affair with his
incurable disease, and the condition existed at the time of declared void under Art. 36, FC the provisions of the Family secretary and refuses to stop notwithstanding
marriage, the marriage is voidable, provided that such (b) If the marriage is defective, can the marriage be Code on liquidation, partition, and distribution of the advice from relatives and friends;
illness was not known to Becky. ratified by free cohabitation of the parties? properties on absolute community or conjugal partnership
will not apply but rather Art. 147 or 148, FC depending on A: The wife may file an action for legal separation. The
Q: Yvette was found to be positive for HIV virus, A: YES, it can be ratified by free cohabitation. Art. 45(1), FC the presence or absence of a legal impediment between husband’s sexual infidelity is a ground for legal separation.
considered sexually transmissible, serious and provides that such voidable marriage may be ratified by them. In Diño v. Diño (G.R. No. 178044, 19 Jan. 2011), the SC (Art. 55, FC) She may also file an action for judicial
incurable. Her boyfriend Joseph was aware of her free cohabitation of the party/ies over 18 years old but ruled that Art. 50, FC and Sec. 19 of the Rules on Declaration separation of property for failure of her husband to comply
condition and yet married her. After two (2) years of below 21 who married without the consent of his/her of Nullity apply only to marriages that are declared void ab with his marital duty of fidelity. (Art. 135 (4), in relation to
cohabiting with Yvette, and in his belief that she would parents, by living together as husband and wife after initio or annulled by final judgment under Arts. 40 and 45, Art. 101, FC)
probably never be able to bear him a healthy child, attaining the age of 21. Here, Solenn and Sonny freely FC. In short, Art. 50, FC does not apply to marriages that are
Joseph now wants to have his marriage with Yvette cohabitated and lived as husband and wife after attaining declared void ab initio under Art. 36, FC which should be (e) If the husband beats up his wife every time he
annulled. Yvette opposes the suit contending that 21 years, then the marriage is considered ratified, provided declared void without waiting for the liquidation of the comes home drunk.
Joseph is estopped from seeking annulment of their that the parents have not filed an action for annulment properties of the parties.
marriage since he knew even before their marriage that before the parties reached 21 years old. A: The wife may file an action for legal separation on the
she was afflicted with HIV virus. Can the action of Q: Which of the following remedies, i.e., (a) declaration ground of repeated physical violence on her person. (Art.
Joseph for annulment of his marriage with Yvette Q: B and G, age 20 and 19, respectively, and both single, of nullity of marriage, (b) annulment of marriage, (c) 55(1), FC) She may also file an action for judicial separation
prosper? Discuss fully. (1995 BAR) eloped and got married to each other without parental legal separation, and/or (d) separation of property, can of property for failure of the husband to comply with his
consent in the case of G, a teenage student of an an aggrieved spouse avail himself/herself of: (2003 marital duty of mutual respect. (Art. 135(4), in relation to
A: YES, the petition for annulment will prosper. Art. 45(6), exclusive college for girls. Three (3) years later, her BAR) Art. 101, FC) She may also file an action for declaration of
FC will apply in this case and not Art. 45(3) in relation to parents wanted to seek judicial annulment on that nullity of the marriage if the husband’s behavior constitutes
Art. 46(3), FC. Yvette’s condition was not concealed, ground. You were consulted and asked to prepare the (a) If the wife discovers after the marriage that her psychological incapacity existing at the time of the
however, an STD found to be serious and incurable is still a proper complaint. What advice would you give G’s husband has AIDS; celebration of marriage.
ground for annulment. In this case, estoppel cannot apply parents? Explain your answer. (1990 BAR)
against Joseph because the law does not qualify the A: Since AIDS is a serious and incurable STD, the wife may Q: Is there any law which allows the delivery to
knowledge of the spouse as regards said ground. A: I would advise G’s parents that G herself should file the file an action for annulment of the marriage on this ground compulsory heirs of their presumptive legitimes during
Accordingly, Joseph still has 3 years to file for annulment. complaint under Art. 45, FC, and no longer the parents, whether such fact was concealed or not from the wife, the lifetime of their parents? If so, in what instances?
Thus, the action will prosper. because G is already 22 years of age. provided that the disease was present at the time of the (1991 BAR)
marriage. The marriage is voidable even though the
LACK OF PARENTAL CONSENT husband was not aware that he had the disease at the time A: YES, under Arts. 51 and 52, FCC in case of legal
(2018, 1990 BAR) E. EFFECT OF DEFECTIVE MARRIAGES of marriage. separation, annulment of marriage, declaration of nullity of
(2014 , 2003, 1991, 1990 BAR) marriage and the automatic termination of a subsequent
Q: Sidley and Sol were married with one daughter, (b) If the wife goes abroad to work as a nurse and marriage by the reappearance of the absent spouse, the
Solenn. Sedfrey and Sonia were another couple with refuses to come home after the expiration of common or community property of the spouses shall be
one son, Sonny. Sol and Sedfrey both perished in the her three-year contract there; dissolved and liquidated.
Q: Miko and Dinah started to live together as husband
same plane accident. Sidley and Sonia met when the
and wife without the benefit of marriage in 1984. 10
families of those who died sued the airlines and went A: If the wife refuses to come home for 3 months from the Q: The marriage of H and W was annulled by the
years after, they separated. In 1996, they decided to live
through grief-counseling sessions. Years later, Sidley expiration of her contract, she is presumed to have competent court. Upon finality of the judgment of
together again, and in 1998, they got married. On 17
and Sonia got married. At that time, Solenn was 4 years abandoned the husband and he may file an action for nullity, H began looking for his prospective second
Feb. 2001, Dinah filed a complaint for declaration of
old and Sonny was 5 years old. These two were then judicial separation of property. If the refusal continues for mate. He fell in love with a sexy woman, S, who wanted
nullity of her marriage with Miko on the ground of
brought up in the same household. 15 years later, more than one year from the expiration of her contract, the to be married as soon as possible i.e., after a few months
psychological incapacity under Art. 36, FC The court
Solenn and Sonny developed romantic feelings towards husband may file an action for legal separation under Art. of courtship. As a young lawyer you were consulted by
rendered the following decision:
each other, and eventually eloped. On their own and 55(10), FC on the ground of abandonment of petitioner by H. (1990 BAR)
against their parents' wishes, they procured a marriage respondent without justifiable cause for more than one
1. “Declaring the marriage null and void;
license and got married in church. (2018 BAR) year. The wife is deemed to have abandoned the husband (a) How soon can H be joined in lawful wedlock to
2. Dissolving the regime of absolute community of
when she leaves the conjugal dwelling without any his girlfriend S? Under existing laws, are there
property; and
(a) Is the marriage of Solenne and Sonny valid, intention of returning. (Art. 101, FC) The intention not to certain requisites that must be complied with
3. Declaring that a decree of absolute nullity of
voidable, or void? return cannot be presumed during the 3-year period of her before he can remarry? What advice would you
marriage shall only be issued after liquidation,
contract. give H?
partition and distribution of the parties’
A: The marriage is voidable for lack of parental consent. At
properties under Art. 147, FC.
the time of their marriage, Solenn and Sonny were only 19 (c) If the husband discovers after the marriage that A: H or either spouse for that matter, can marry again after
and 20 years old, respectively. Assuming their marriage was his wife has been a prostitute before they got complying with the provisions of Art. 52, FC, namely, there
Dinah filed a motion for partial reconsideration
under the Art. 14 of the FC provides that parental consent is married; must be a partition and distribution of the properties of the
questioning the portion of the decision on the issuance
required where either or both of the parties are between 18 spouses, and the delivery of the children’s presumptive
of a decree of nullity of marriage only after the
and 21 years old at the time of marriage. In the absence of A: If the husband discovers after the marriage that his wife legitimes, which should be recorded in the appropriate civil
liquidation, partition and distribution of properties
such parental consent, Art. 45, FC provides that the was a prostitute before they got married, he has no remedy. registry and registries of property. H should be so advised.
under Art. 147, FC.
marriage is voidable. Since the marriage was against their No misrepresentation or deceit as to character, health, rank,
parents’ wishes, their marriage is voidable. Unlike in the fortune or chastity shall constitute fraud as legal ground for (b) Suppose that children were born from the
If you are the judge, how will you decide petitioner’s
NCC, their being step-siblings is immaterial under the an action for the annulment of marriage. (Art. 46, FC) union of H and W, what would be the status of
motion for partial reconsideration? Why? (2014 BAR)
Family Code and will not render the marriage void since said children? Explain your answer.

29 U N I V E R S IT Y O F S A N T O T O M A S U N I V E R S IT Y O F S A N T O T O M A S 30
FACULTY OF CIVI L LAW 2023 GOLDEN NOTES
 QuAMTO (1987-2022) CIVIL LAW
A: The children born from the union of H and W would be A: (B) NO, since legal separation like validity of marriage is Q: Rosa and Ariel were married in the Catholic Church institution whose nature, consequences, and incidents are
legitimate children if conceived or born before the decree of not subject to compromise agreement for purposes of filing. of Tarlac, Tarlac on 05 Jan. 1988. In 1990, Ariel went to governed by law and not subject to stipulation except that
annulment of the marriage (Art. 45, FC) has become final Saudi Arabia to work. There, after being converted into marriage settlements may fix the property relations during
and executory. (Art. 54, FC) Q: No decree of legal separation can be issued (2011 Islam, Ariel married Mystica. Rosa learned of the the marriage within the limits provided by this code. (Art. 1,
BAR) second marriage of Ariel on 01 Jan. 1992 when Ariel FC) Thus, the contract is not valid. (Central Bar Q&A by
(c) If the subsequent marriage of H to S was returned to the Philippines with Mystica. Rosa filed an Paguirigan, 2023)
contracted before compliance with the (A) unless the children’s welfare is attended to first. action for legal separation on 05 Feb. 1994. (1994 BAR)
statutory condition for its validity, what are the (B) without prior efforts at reconciliation shown to Q: Bar candidates Patricio Mahigugmaon and Rowena
rights of the children of the first marriage (i.e., be futile. (a) Does Rosa have legal grounds to ask for legal Amor decided to marry each other before the last day of
of H and W) and of the children of the (C) unless the court first directs mediation of the separation? the 1991 Bar Examinations. They agreed to execute a
subsequent marriage (of H and S)? parties. Marriage Settlement. Rowena herself prepared the
(D) without prior investigation conducted by a A: YES, the abandonment of Rosa by Ariel for more than one document in her own handwriting. They agreed on the
A: The children of the first marriage shall be considered public prosecutor. (1) year is a ground for legal separation unless upon following: a conjugal partnership of gains; (2) each
legitimate children if conceived or born before the returning to the Philippines, Rosa agrees to cohabit with donates to the other fifty (50) percent of his/her
judgment of annulment of the marriage of H and W has A: (B) without prior efforts at reconciliation shown to be Ariel which is allowed under the Muslim Code. In this case, present property; (3) Rowena shall administer the
become final and executory. Children conceived or born of futile. there is condonation. conjugal partnership property; and (4) neither may
the subsequent marriage shall likewise be legitimate even if bring an action for the annulment or declaration of
the marriage of H and S be null and void for failure to Q: TRUE or FALSE. If a man commits several acts of ALTERNATIVE ANSWER: nullity of their marriage. Both signed the agreement in
comply with the requisites of Art. 52, FC. (Art. 53, FC) sexual infidelity, particularly in 2002, 2003, 2004, the presence of two witnesses. They did not, however,
2005, the prescriptive period to file for legal separation YES. The contracting of a subsequent bigamous marriage acknowledge it before a notary public. (1991 BAR)
As legitimate children, they have the following rights: runs from 2002. (2007 BAR) whether in the Philippines or abroad is a ground for legal
1. To bear the surnames of the father and the mother separation under Art. 55(7) of the Family Code. Whether the (a) As to form, is the Marriage Settlement valid?
in conformity with the provisions of the NCC on A: FALSE. The 5-year prescriptive period for filing legal second marriage is valid or not, Ariel having converted into May it be registered in the registry of property?
Surnames; separation runs from the occurrence of sexual infidelity Islam is immaterial. If not, what steps must be taken to make it
2. To receive support from their parents, their committed in 2002 runs from 2002, for the sexual infidelity registrable?
ascendants and in proper cases, their brothers and committed in 2003, the prescriptive period runs from 2003 (b) Has the action prescribed?
sisters, in conformity with the provisions of this and so on. The action for legal separation for the last act of A: YES, it is valid as to form because it is in writing.
Code on Support; and sexual infidelity in 2005 will prescribe in 2010. A: NO. Under Art. 57, FC the aggrieved spouse must file the However, it cannot be registered in the registry of property
3. To be entitled to the legitime and other action within five (5) years from the occurrence of the because it is not a public document. To make it registrable,
successional rights granted to them by the NCC. Q: Under what conditions may drug addiction be a cause. The subsequent marriage of Ariel could not have it must be reformed and has to be notarized.
(Art. 174, FC) ground for legal separation between the spouses (1997, occurred earlier than 1990, the time he went to Saudi
2002 BAR) Arabia. Hence, Rosa has until 1995 to bring the action under (b) Are the stipulations valid?
the Family Code.
F. FOREIGN MARRIAGES A: A: Stipulations 1 and 3 are valid because they are not
1. There should be no condonation or consent to the contrary to law. Stipulation 4 is void because it is contrary
drug addiction; H. PROPERTY RELATIONS BETWEEN SPOUSES to law. Stipulation 2 is valid up to 1/5 of their respective
2. The action must be filed within 5 years from the (2022, 2020-21, 2019, 2018, 2017, 2016, 2015, 2012, present properties by void as to the excess. (Art. 84, FC)
occurrence of the cause; and 2011, 2010, 2009, 2008, 2007, 2005, 2000, 1998, 1997,
G. LEGAL SEPARATION 3. Drug addiction arises during the marriage and not (c) If the Marriage Settlement is valid as to form
1995, 1994, 1992, 1991, BAR)
(2015, 2012, 2011, 2007, 2006, 1997, 1996, 1994 BAR) at the time of marriage. and the above stipulations are likewise valid,
does it now follow that said Marriage
Q: After they got married, Nikki discovered that Settlement is valid and enforceable?
Q: A couple executes a prenuptial agreement which
Q: The wife filed a case of legal separation against her Christian was having an affair with another woman. But
principally provides that their marriage shall be valid
husband on the ground of sexual infidelity without Nikki decided to give it a try and lived with him for two A: NO, on 15 Sept. 1991, the marriage settlement is not yet
for only 5 years but that it can be renewed through
previously exerting earnest efforts to come to a (2) years. After two (2) years, Nikki filed an action for valid and enforceable until the celebration of the marriage,
mutual consent negotiated at least 6 months before its
compromise with him. The judge dismissed the case for legal separation on the ground of Christian’s sexual to take place before the last day of the 1991 Bar
expiration. Is this contract valid? Explain briefly. (2020-
having been filed without complying with a condition infidelity. Will the action prosper? Explain. (2012 BAR) Examinations.
21 BAR)
precedent. Is the dismissal proper? (2011 BAR)
A: Nikki’s action will not prosper on account at 1. DONATION PROPTER NUPTIAS
A: NO, the contract is not valid. A pre-nuptial agreement or
(A) No, efforts at a compromise will only deepen the condonation. Although the action for legal separation has (2020-21, 2012, 2011, 1995, 1991 BAR)
marriage settlement is a contract between the future
wife’s anguish. not yet prescribed, the prescriptive period being five years,
spouses where they agree on the property relationship that
(B) No, since legal separation like validity of the decision of Nikki to live with Christian after discovering
would govern them during the marriage. (Arts. 74 & 75, FC) Q: Which of the following is not a requisite for a valid
marriage is not subject to compromise his affair amounts to condonation of such act. However, if
In the problem, the prenuptial agreement contains nothing donation propter nuptias? (2012 BAR)
agreement for purposes of filing. such affair is still continuing, Nikki's action would prosper
about the property relationship of the parties and instead
(C) Yes, to avoid a family feud that is hurtful to because the action will surely be 5 years from the
provide for the term of the marriage. The stipulation A) The donation must be made before the
everyone. commission of the latest act of sexual infidelity. Every act or
providing for the termination of the marriage based on the celebration of the marriage.
(D) Yes, since the dispute could have been settled sexual liaison is a ground for legal separation.
will of the contracting parties is void for being contrary to B) The donation shall be automatically revoked in
with the parties agreeing to legal separation.
law. A marriage is a special contract of permanent union case of non-celebration of the marriage.
between a man and a woman and is an inviolable social C) The donation must be made in consideration of

31 U N I V E R S IT Y O F S A N T O T O M A S U N I V E R S IT Y O F S A N T O T O M A S 32
FACULTY OF CIVI L LAW 2023 GOLDEN NOTES
 QuAMTO (1987-2022) CIVIL LAW
the marriage. Q: Danny and Elsa were married in 2002. In 2012, Elsa i. Adam, as finder; (a) Has Alberto the right to share in the shares of
D) The donation must be made in favor of one or left the conjugal home and her two minor children with ii. Blas, as owner of the property where they were stock acquired by Paulita?
both of the future spouses. Danny to live with her paramour. In 2015, Danny sold found;
without Elsa's consent a parcel of land registered in his iii. Bank of the Philippine Islands, as successor-in- A: YES. The FC provides that all property acquired during
A: (B) The donation shall be automatically revoked in case name that he had purchased prior to the marriage. interest of the owner of the vault; and the marriage, whether the acquisition appears to have been
of non-celebration of the marriage. (UPLC Suggested Danny used the proceeds of the sale to pay for his iv. The Philippine Government because of their made, contracted or registered in the community property
Answers) children's tuition fees. Is the sale valid, void or historical value. unless the contrary is proved.
voidable? Explain your answer. (2017 BAR)
Q: In gratitude, the groom’s parents made a donation of Assuming that either or both Adam and Blas are ALTERNATIVE ANSWER:
a property in writing to the bride’s parents shortly A: The sale of the parcel of land is void. There is no adjudged as owners, will the notes and coins be deemed
before their children’s wedding. The donation was indication in the facts that Danny and Elsa executed a part of their absolute community or conjugal YES. The shares are presumed to be absolute community
accepted. What is the nature of the donation? (2011 marriage settlement prior to their marriage. As the partnership of gains with their respective spouses? property having been acquired during the marriage despite
BAR) marriage was celebrated during the effectivity of the Family (2008 BAR) the fact that those shares were registered only in her name.
Code, absent a marriage settlement, the property regime Alberto’s right to claim his share will only arise, however, at
A) It is an ordinary donation since it was not given between the spouses is the ACP. Under the ACP regime, the A: YES. The hidden treasure will be part of the absolute dissolution.
to the bride or groom. parcel of land belongs to the community property as the community or conjugal property of the respective
B) It is donation propter nuptias since it was given property he had brought into the marriage even if said marriages. (Arts. 91, 93 & 106, FC) ALTERNATIVE ANSWER:
with the marriage in mind. property were registered in the name of Danny. Therefore,
C) It is an indirect donation propter nuptias since the sale of the property is void because it was executed Q: On 10 Sept. 1988 Kevin, a 26-year-old businessman, The presumption is still that the shares of stock are owned
the bride would eventually inherit the property without the authority of the court or the written consent of married Karla, a winsome lass of 18. Without the in common. Hence, they will form part of the absolute
from her parents. the other spouse. knowledge of their parents or legal guardians, Kevin community or the conjugal partnership depending on what
D) It is a remunatory donation. and Karla entered into an antenuptial contract the day the property regime is.
Q: Marco and Gina were married in 1989. 10 years later, before their marriage stipulating that conjugal
A: (A) It is an ordinary donation since it was not given to the or in 1999, Gina left Marco and lived with another man, partnership of gains shall govern their marriage. At the ALTERNATIVE ANSWER:
bride or groom. (UPLC Suggested Answers) leaving their two children of school age with Marco. time of their marriage Kevin’s estate was worth 50
When Marco needed money for their children's Million, while Karla’s was valued at 2 Million. A month Since Paulita acquired the shares of stock by onerous title
2. VOID DONATIONS BY THE SPOUSES education, he sold a parcel of land registered in his after their marriage Kevin died in a freak helicopter during the marriage, these are part of the conjugal or
name, without Gina's consent, which he purchased accident. He left no will, no debts, no obligations. absolute community property, as the case may be, or after
before his marriage. Is the sale by Marco valid, void or Surviving Kevin, aside from Karla, are his only the effectivity of the Family Code. Her physical separation
3. ABSOLUTE COMMUNITY OF PROPERTY REGIME voidable? Explain with legal basis. (2015 BAR) relatives: his brother Luis and first cousin Lilia. from her husband did not dissolve the community of
(2019, 2017, 2015, 2012, 2009, 2008, 2007, 1995, property. Hence, the husband has a right to share in the
1994 BAR) A: The sale made by Marco is considered void. The parties What property regime governed the marriage of Kevin shares of stock.
were married in 1989 and no mention was made whether and Karla? Explain. (1995 BAR)
Q: Danny and Elsa were married in 2002. In 2012, Elsa they executed a marriage settlement. In the absence of a (b) Can Alberto recover the land from Rafael?
left the conjugal home and her two minor children with marriage settlement, the parties shall be governed by ACP A: ABSOLUTE COMMUNITY OF PROPERTY. Since the
Danny to live with her paramour. In 2015, Danny sold whereby all the properties owned by the spouses at the time marriage settlement was entered into without the consent A: Under a community of property, whether absolute or
without Elsa’s consent a parcel of land registered in his of the celebration of the marriage as well as whatever they and without the participation of the parents (they did not relative, the disposition of property belonging to such
name that he had purchased prior to the marriage. may acquire during the marriage shall form part of the sign the document), the marriage settlement is invalid community is void if done by just one spouse without the
Danny used the proceeds of the sale to pay for his absolute community. In ACP, neither spouse can sell or applying Art. 78, FC which provides that a minor who consent of the other or authority of the proper court.
children’s tuition fees. encumber property belonging to the ACP without the according to law may contract marriage may also enter into However, the land was registered in the name of Paulita as
consent of the other. Any sale or encumbrance made by one marriage settlements, but they shall be valid only of the “widow.” Hence, the buyer has the right to rely upon what
Is the sale valid, void, or voidable? Explain your answer. spouse without the consent of the other shall be void person who may give consent to the marriage are made appears in the record of the Register of Deeds and should,
(2017, 2012 BAR) although it is considered as a continuing offer on the part of parties to the agreement. (Karla was still a minor at the time consequently, be protected. Alberto cannot recover the land
the consenting spouse upon authority of the court or the marriage settlement was executed in Sept. 1988 from Rafael but would have the right of recourse against his
A: The sale of the parcel of land is void. There is no written consent of the other spouse. (Art. 96, FC) because the law, R.A. No. 6809, reducing the age of majority wife.
indication in the facts that Danny and Elsa executed a to 18 years took effect on 18 Dec. 1989). The marriage
marriage settlement prior to their marriage. As the Q: Adam, a building contractor, was engaged by Blas to settlement being void, the property regime governing the ALTERNATIVE ANSWER:
marriage was celebrated during the effectivity of the FC and construct a house on a lot which he (Blas) owns. While marriage is, therefore, absolute community of property,
absent a marriage settlement, the property regime between digging on the lot in order to lay down the foundation of under Art. 75, FC. The parcel of land is absolute community property having
the spouses is the ACP. (Art. 75, FC) Under the ACP regime, the house, Adam hit a very hard object. It turned out to been acquired during the marriage and through Paulita’s
the parcel of land belongs to the community property as the be the vault of the old Banco de las Islas Filipinas. Using Q: Paulita left the conjugal home because of the industry despite the registration being only in the name of
property he had brought into the marriage even if said a detonation device, Adam was able to open the vault excessive drinking of her husband, Alberto. Paulita, out Paulita. The land being community property, its sale to
property were registered in the name of Danny. (Art. 91, FC) containing old notes and coins which were in of her own endeavor, was able to buy a parcel of land Rafael without the consent of Alberto is void. However,
In addition, said property do not fall under any of the circulation during the Spanish era. While the notes and which she was able to register under her name with the since the land is registered in the name of Paulita as widow,
exceptions under Art. 92. Therefore, the sale of the property coins are no longer legal tender, they were valued at addendum “widow.” She also acquired stocks in a listed there is nothing in the title which would raise a suspicion
is void, because it was executed without the authority of the P100 million because of their historical value and the corporation registered in her name. Paulita sold the for Rafael to make inquiry. He, therefore, is an innocent
court or the written consent of the other spouse. (Art. 96 & coins silver nickel content. The following filed legal parcel of land to Rafael, who first examined the original purchaser for value from whom the land may no longer be
100, FC) claims over the notes and coins: of the transfer certificate of title. (1994 BAR) recovered.

33 U N I V E R S IT Y O F S A N T O T O M A S U N I V E R S IT Y O F S A N T O T O M A S 34
FACULTY OF CIVI L LAW 2023 GOLDEN NOTES
 QuAMTO (1987-2022) CIVIL LAW
ALTERNATIVE ANSWER: solely in the name of either spouse, it has the inherent 96, FC; Abalos v. Macatangay, G.R. No. 155043, September 30, 2) The subsequent agreement of the parties was void as a
character of conjugal property if it was acquired for 2004). However, Linda will not be entitled to damages modification of their marriage settlement. To be valid, the
The parcel of land is absolute community property having valuable consideration during the marriage. (Cordova v. Ty, because Ray is not in any way in bad faith. modification must be executed before the celebration of the
been acquired during the marriage and through Paulita’s G.R. No. 246255, 03 Feb. 2021) marriage. The subsequent agreement of the parties did not
industry despite registration only in the name of Paulita. (b) Does Ray have any cause of action against Biong effect a dissolution of their conjugal partnership and a
The land being community property, its sale to Rafael As part of the conjugal property of Nonoy and Daday, any and Linda? Can he also recover damages from separation of their properties because it was not approved
without the consent of Alberto is void. disposition or encumbrance thereof must be made with the the spouses? Explain. by the court. To be valid, an agreement by the parties to
consent of both spouses. Hence, when Nonoy sold the land dissolve their conjugal partnership and to separate their
4. CONJUGAL PARTNERSHIP OF GAINS REGIME to Barby without the consent of Daday, the disposition is A: YES, Ray has a cause of action against Linda and Biong properties during the marriage has to be approved by the
(2022, 2019, 2012, 2011, 2009, 2008, 2005, 1998 BAR) void under Art. 124 of the FC. (Central Bar Q&A by for the return of the 2 million pesos he paid for the property. court.
Paguirigan, 2023) He may recover damages from the spouses, if it can be
proven that they were in bad faith in backing out from the (b) Discuss the effects of the said settlements on
Q: TRUE or FALSE. Answer TRUE if the statement is true,
Q: Maria, wife of Pedro, withdrew P 5 Million from their contract, as this is an act contrary to morals and good the properties acquired by the spouses.
or FALSE if the statement is false. Explain your answer
conjugal funds. With this money, she constructed a customs under Arts. 19 and 21, NCC.
in not more than two (2) sentences.
building on a lot which she inherited from her father. Is A: The regime of conjugal partnership of gains governs the
the building conjugal or paraphernal? Reasons. (2012 Q: Gabby and Mila got married at Lourdes Church in properties acquired by the spouses. All the properties
If there is no marriage settlement, the salary of a
BAR) Quezon City on July 10, 1990. Prior thereto, they acquired by the spouses after the marriage belong to the
“spouse” in an adulterous marriage belongs to the
executed a marriage settlement whereby they agreed conjugal partnership. Under Art. 116 of the FC, even if
conjugal partnership of gains. (2009 BAR)
A: It depends. If the value of the building is more than the on the regime of conjugal partnership of gains. The Gabby registered the mansion and 5-hectare agricultural
value of the land, the building is conjugal and the land marriage settlement was registered in the Register of land exclusively in his name, still they are presumed to be
A: FALSE. In an adulterous relationship, the salary of a
becomes conjugal property under Art. 120, FC. This is a case Deeds of Manila, where Mila is a resident. In 1992, they conjugal properties, unless the contrary is proved.
married partner belongs to the absolute community or
of reverse accession, where the building is considered as the jointly acquired a residential house and lot, as well as a
conjugal partnership of such married partner with his or
principal and the land, the accessory. If, on the other hand, condominium unit in Makati. In 1995, they decided to ALTERNATIVE ANSWER:
her lawful spouse. Under Art. 148, FC, the property relations
the value of the land is more than the value of the building, change their property relations to the regime of
between married partner and his/her paramour is
then the ordinary rule of accession applies where the land complete separation of property. Mila consented, as she Since the marriage settlement was binding between the
governed by ordinary co-ownership where the partners
is the principal and the building, the accessory. In such case, was then engaged in a lucrative business. The spouses parties, conjugal partnership of gains was the regime of
become co-owners only when they contributed to the
the land remains paraphernal property and the building then signed a private document dissolving their their property relations. Under the regime of conjugal
acquisition of the property. The paramour is deemed to
becomes paraphernal properly. conjugal partnership and agreeing on a complete partnership of gains, all properties acquired by the spouses
have not contributed to the earning of the salary of the
separation of property. during the marriage, jointly or by either one of them,
married partner.
NOTE: The rule on reverse accession is applicable only to through their work or industry are conjugal. Therefore, the
the regime of CPG in both the FC and the NCC. The foregoing Thereafter, Gabby acquired a mansion in Baguio City, residential house and lot, and the condominium unit are
Q Before they married in 2000, Nonoy and Daday signed
answer assumes that CPG is the regime of the property and a 5-hectare agricultural land in Oriental Mindoro, conjugal having been jointly acquired by the couple during
a marriage settlement wherein they agreed that their
relations of the spouses. which he registered exclusively in his name. In the year the marriage. Inasmuch as the subsequent agreement on
property relations as husband and wife would be
2000, Mila's business venture failed, and her creditors dissolution of the conjugal partnership and separation of
governed by the conjugal partnership of gains. While
Q: Sps. Biong and Linda wanted to sell their house. They sued her for P10,000,000.00. After obtaining a property was invalid, conjugal partnership subsisted
the marriage was subsisting, they acquired a parcel of
found a prospective buyer, Ray. Linda negotiated with favorable judgment, the creditors sought to execute on between the parties. Therefore, the mansion and the
land using conjugal funds. The Register of Deeds issued
Ray for the sale of the property. They agreed on a fair the spouses' house and lot and condominium unit, as agricultural land are also conjugal having been acquired by
a transfer certificate of title over the said land in the
price of P2 Million. Ray sent Linda a letter confirming well as Gabby's mansion and agricultural land. (2005 one of the spouses during the marriage.
name of “Nonoy, married to Daday”. Nonoy sold the
his intention to buy the property. Later, another couple, BAR)
parcel of land to Barby without Daday’s consent. Daday
Bernie and Elena, offered a similar house at a lower (c) What properties may be held answerable for
was not aware of the sale and did not sign the contract
price of P1.5 Million. But Ray insisted on buying the (a) Discuss the status of the first and the amended Mila's obligations? Explain.
of sale. A year after Nonoy and Barby signed the
house of Biong and Linda for sentimental reasons. Ray marriage settlements.
contract of sale, Daday died. When the children of
prepared a deed of sale to be signed by the couple and A: Since all the properties are conjugal, they can be held
Nonoy and Daday learned about the sale to Barby, they
a manager's check for P2 Million. After receiving the P2 A: The marriage settlement between Gabby and Mila answerable for Mila's obligation if the obligation redounded
questioned its validity since Daday had not consented
Million, Biong signed the deed of sale. However, Linda adopting the regime of conjugal partnership of gains still to the benefit of the family. (Art. 121(3), FC) However, the
to the sale. Nonoy’s position is that Daday’s consent was
was not able to sign it because she was abroad. On her subsists. It is not dissolved by the mere agreement of the burden of proof lies with the creditor claiming against the
not required because the property was registered in his
return, she refused to sign the document saying she spouses during the marriage. It is clear from Art. 134 of the properties. (Ayala Investment v. CA, G.R. No. 118305, 12 Feb.
name.
changed her mind. Linda filed suit for nullification of FC that in the absence of an express declaration in the 1998, reiterated in Homeowners Savings & Loan Bank v.
the deed of sale and for moral and exemplary damages marriage settlement, the separation of property between Dailo, G.R. No. 153802, 11 Mar. 2005) (UPLC Suggested
Is the sale to Barby valid? Explain briefly. (2022 BAR)
against Ray. (2006 BAR) the spouses during the marriage shall not take place except Answers)
by judicial order.
A: NO, the sale to Barby is not valid. There is a presumption
(a) Will the suit proper? ALTERNATIVE ANSWER:
that all properties acquired during the marriage belong to
ALTERNATIVE ANSWER:
the conjugal partnership whether the acquisition appears to
A: YES, the suit for nullification of the deed of sale will Except for the residential house which is the family home,
have been made, contracted, or registered in the name of
prosper. Sale of community property requires written 1) The first marriage settlement was valid because it was in all other properties of Gabby and Mila may be held
only one of the spouses. (Art. 116, FC) The fact that a spouse
consent of both spouses. The failure or refusal of Linda to writing, signed by the parties and executed before the answerable for Mila's obligation. Since the said properties
is identified as the sole vendee in the deed, and registered
affix her signature on the deed of sale, coupled with her celebration of the marriage. are conjugal in nature, they can be held liable for debts and
owner in the certificate of title does not destroy the conjugal
express declaration of opposing the sale negates any valid obligations contracted during the marriage to the extent
nature of the property as the registration is not conclusive
consent on her part. The consent of Biong by himself is that the family was benefited or where the debts were
evidence of the exclusive ownership of either the husband
insufficient to effect a valid sale of community property (Art. contracted by both spouses, or by one of them, with the
or the wife. Even if the property appears to be registered

35 U N I V E R S IT Y O F S A N T O T O M A S U N I V E R S IT Y O F S A N T O T O M A S 36
FACULTY OF CIVI L LAW 2023 GOLDEN NOTES
 QuAMTO (1987-2022) CIVIL LAW
consent of the other. with the principle of "reverse accession" provided for in Art. Before they met and got married, Sancho purchased a A: NO, Shalimar is not entitled to presumptive legitime. The
158, FC. parcel of land on installment, under a Contract of Sale, liquidation of the co-ownership under Art. 147 did not
A family home is a dwelling place of a person and his family. with the full purchase price payable in equal annual provide for the obligation to pay the presumptive legitime
It confers upon a family the right to enjoy such property, (b) Will your answer be the same if Bob died before amortizations over a period of 10 years, with no down of the common children. Said obligation applies only to the
which must remain with the person constituting it as a 03 Aug. 1988? payment, and secured by a mortgage on the land. The liquidation of the absolute community or conjugal
family home and his heirs. It cannot be seized by creditors full purchase price was PhP1 million, with interest at partnership of gains pursuant to Arts. 50 and 51 of the
except in special cases. (Taneo, Jr. v. CA, G.R. No. 108532, 09 A: YES, the answer would still be the same. Since Bob and the rate of 6% per annum. After paying the 4th annual Family Code, which provisions are inapplicable to a void
Mar. 1999) (UPLC Suggested Answers) Issa contracted their marriage way back in 1970, then the installment, Sancho and Sandy got married, and Sancho marriage under Art. 36 of the FC. The rules on co-ownership
property relations that will govern is still the relative completed the payments in the subsequent years from apply and the properties of the parties should be liquidated
ALTERNATIVE ANSWER: community or conjugal partnership of gains. (Art. 119, NCC) his salary as an accountant. The previous payments in accordance with the Civil Code provisions on co-
It will not matter if Bob died before or after 03 Aug.1988 were also paid out of his salary. During their marriage, ownership. (Dino v. Dino, 640 SCRA 178 (2011); Valdes v.
The marriage settlement cannot prejudice third parties, (effectivity date of the FC), what matters is the date when Sandy also won PhP1 million in the lottery and used it RTC, 260 SCRA 221 (1996)). (UPLC Suggested Answers)
such as the creditors, because it was not registered with the the marriage was contracted. As Bob and Issa contracted to purchase jewelry. When things didn't work out for
local civil registrar where the marriage was recorded. To their marriage way back in 1970, the property relation that the couple, they filed an action for declaration of nullity Q: Bernard and Dorothy lived together as common-law
bind third parties, the FC requires registration of the governs them is still the CPG. (Art. 158, FC) of their marriage based on the psychological incapacity spouses although they are both capacitated to marry.
marriage settlement not only with the proper registers of of both of them. When the petition was granted, the After one year of cohabitation, Dorothy went abroad to
deeds but also with the local civil registrar where the Q: Tim came into possession of an old map showing parcel of land and the jewelry bought by Sandy were work in Dubai as a hair stylist and regularly sent money
marriage was recorded. Hence, if the rules on conjugal where a purported cache of gold bullion was hidden. found to be the only properties of the couple. (2018 to Bernard. With the money, Bernard bought a lot. For
partnership will prejudice the creditors, the rules on Without any authority from the government Tim BAR) a good price, Bernard sold the lot. Dorothy came to
absolute community will be applied instead. However, conducted a relentless search and finally found the know about the acquisition and sale of the lot and filed
insofar as debts contracted by one spouse without the treasure buried in a new riverbed formerly part of a a. What system of property relationship will be a suit to nullify the sale because she did not give her
consent of the other are concerned, the rule is the same for parcel of land owned by spouses Tirso and Tessie. The liquidated following the declaration of nullity consent to the sale. (2016 BAR)
both conjugal partnership and absolute community. The old river which used to cut through the land of Spouses of their marriage?
partnership or community is liable for debts contracted by Ursula and Urbito changed its course through natural (a) Will Dorothy's suit prosper? Decide with
one spouse but only to the extent that it benefited the causes. A: The property regime that will be liquidated is co- reasons.
family. Therefore, if the debts contracted by Mila redounded ownership under Article 147 of the Family Code. When a
to the benefit of the family, all the conjugal partnership Suppose Tirso and Tessie were married on 02 Aug. man and a woman who are capacitated to marry each other YES, Dorothy’s suit will prosper, unless the buyer is a buyer
properties are liable to pay them but only to the extent the 1988 without executing any antenuptial agreement. live exclusively with each other as husband and wife under in good faith and for value. The rule of co-ownership
family was benefited. The separate properties of Mila may One year after their marriage, Tirso while supervising a void marriage, their wages and salaries shall be owned by governs the property relationship in a union without
be held answerable for Mila’s debts and obligations that did the clearing of Tessie’s inherited land on the latter’s them in equal shares and the property acquired by both of marriage between a man and a woman who are capacitated
not redound to the benefit of the family. request, accidentally found the treasure not in the new them through their work or industry shall be governed by to marry each other. Art. 147, FC is specifically applicable.
riverbed but on the property of Tessie. To whom shall the rules on co-ownership (Article 147, Family Code). Under this article, neither party can encumber or dispose by
Q: In 1970, Bob and Issa got married without executing the treasure belong? (1995 BAR) Sancho and Sandy were capacitated to marry each other; acts inter vivos of his or her share in the property acquired
a marriage settlement. In 1975, Bob inherited from his however, their marriage was declared void under Art. 36. during cohabitation and owned in common, without the
father a residential lot upon which, in 1981, he A: Since Tirso and Tessie were married before the (UPLC Suggested Answers) consent of the other, until after the termination of their
constructed a two-room bungalow with savings from effectivity of the FC, their property relation is governed by cohabitation, thus, Bernard may not validly dispose of the
his own earnings. At that time, the lot was worth CPG. Under Art. 54 of the NCC, the share of the hidden b. In the liquidation, who should get the parcel of lot without the consent of Dorothy as the lot was acquired
P800,000.00 while the house, when finished cost treasure which the law awards to the finder or proprietor land? The jewelry? through their work during their cohabitation.
P600,000.00. In 1989 Bob died, survived only by his belongs to the CPG. The 1/2 share pertaining to Tessie as
wife, Issa and his mother, Sofia. Assuming that the owner of the land, and the 1/2 share pertaining to Tirso as A: Sancho should get the parcel of land while Sandy should (b) Suppose Dorothy was jobless and did not
relative values of both assets remained at the same finder of the treasure, belong to the CPG. get the jewelry. According to Article 147 of the Family Code, contribute money to the acquisition of the lot
proportion: (1998 BAR) property acquired through their work or industry by a man and her efforts consisted mainly in the care and
5. SEPARATION OF PROPERTY REGIME and a woman, who are capacitated to marry each other and maintenance of the family and household, is her
(a) State whether Sofia can rightfully claim that the who cohabited under a void marriage, shall be governed by consent to the sale a prerequisite to its validity?
house and lot are not conjugal but exclusive rules on co-ownership and in the absence of proof to the Explain.
property of her deceased son. 6. PROPERTY REGIME OF UNIONS WITHOUT contrary, properties acquired while they live together shall
MARRIAGE be presumed to have been obtained by their joint efforts, A: Yes, if Dorothy was jobless and did not contribute money
A: Since Bob and Sofia got married in 1970, then the law that (2018, 2016, 2015, 2012, 2010, 2009, 2000, 1997, work or industry. In the given case, Sancho bought the to the acquisition of the lot, her consent is still a prerequisite
governs is the NCC, in which case, the property relations 1992, 1991 BAR) parcel of land and paid for it using his salary while Sandy to the validity of the sale. Under the same article, a party
that should be applied as regards the property of the used her winnings from the lottery to purchase the jewelry. who did not participate in the acquisition by the other party
spouses is the system of relative community or conjugal Q: After finding out that his girlfriend Sandy was 4 It was not established that Sandy cared for or maintained of any property shall be deemed to have contributed jointly
partnership of gains. (Art. 119, FC) By conjugal partnership months pregnant, Sancho married Sandy. Both were the family; hence, she should not be deemed to have in the acquisition thereof if the former’s efforts consisted in
of gains, the husband and the wife place in a common fund single and had never been in any serious relationship contributed to the acquisition of the parcel of land. The the care and maintenance of the family and the household.
the fruits of their separate property and the income from in the past. Prior to the marriage, they agreed in a jewelry was acquired by Sandy using her lottery winnings In this case, although the money used to buy the lot was
their work or industry. (Art. 142, FC) In this instance, the lot marriage settlement that the regime of conjugal which she obtained not by work or industry but by chance. solely from Bernard, Dorothy’s care and maintenance of the
inherited by Bob in 1975 is his own separate property, he partnership of gains shall govern their property (UPLC Suggested Answers) family and household are deemed contributions in the
having acquired the same by lucrative title. (Art. 148(2), FC) relations during marriage. Shortly after the marriage, acquisition of the lot. Art. 147(2), FC is applicable, as the lot
However, the house constructed from his own savings in their daughter, Shalimar, was born. c. Is Shalimar entitled to payment of presumptive is deemed owned in common by the common-law spouses
1981 during the subsistence of his marriage with Issa is legitime? If yes, how much should be her share in equal shares as the same was acquired during their
conjugal property and not exclusive property in accordance and from where should this be taken? cohabitation, without prejudice to the rights of a buyer in

37 U N I V E R S IT Y O F S A N T O T O M A S U N I V E R S IT Y O F S A N T O T O M A S 38
FACULTY OF CIVI L LAW 2023 GOLDEN NOTES
 QuAMTO (1987-2022) CIVIL LAW
good faith and for value. properties. If both of them were capacitated to marry each maintenance of the family is recognized as a valuable Hence, the determination of ownership will remain the
other, Art. 147 of the FC will apply to their property contribution. In the absence of proof as to the value of their same as in question A. And even assuming that the two
Q: Bert and Joe, both male and single, lived together as relations and the properties in question are owned by them respective contributions, they shall share equally. provisions are not the same, Art. 147, FC is still the law that
common law spouses and agreed to raise a son of Bert's in equal shares even though all the funds used in acquiring will govern the property relations of B and G because under
living brother as their child without legally adopting the properties came only from the salaries or wages or the If ownership of the house and lot was acquired by B on 03 Art. 256, the FC has retroactive effect insofar as it does not
him. Bert worked while Joe took care of their home and income of Jambrich from his business or profession. In such Aug. 1988 at the time he bought it on installment before he prejudice or impair vested or acquired rights under the NCC
the boy. In their 20 years of cohabitation they were able a case, while Jambrich is disqualified to own any part of the got married, he shall remain owner of the house and lot but or other laws. Applying Art. 147, FC retroactively to the case
to acquire real estate assets registered in their names properties, his subsequent transfer of all his interest therein he must reimburse G for all the amounts she advanced to of G and B will not impair any vested right. Until the
as co-owners. Unfortunately, Bert died of cardiac to Borromeo, a Filipino, was valid as it removed the pay the purchase price and for one-half share in the last declaration of nullity of the marriage under the FC, B and G
arrest, leaving no will. Bert was survived by his disqualification. In such case, the properties are owned by payment from their joint income. In such case, the house have not yet acquired any vested right over the properties
biological siblings, Joe, and the boy. (2015 BAR) Borromeo and Descallar in equal shares. and lot were not acquired during their cohabitation, hence, acquired during their cohabitation.
are not co-owned by B and G.
a) Can Art. 147 on co-ownership apply to Bert and If, on the other hand, Jambrich and Descallar were not Q: In 1997, B and G started living together without the
Joe, whereby all properties they acquired will capacitated to marry each other, Art. 153, FC governs their But if the ownership of the house and lot was acquired benefit of marriage. The relationship produced one
be presumed to have been acquired by their property relations. Under this regime, Jambrich and during the cohabitation, the house and lot will be owned as offspring, Venus. The couple acquired a residential lot
joint industry and shall be owned by them in Descallar are owners of the properties but only if both of follows: in Parañaque. After four (4) years or in 2001, G having
equal shares? them contributed in their acquisition. If all the funds used in i. 1/3 of the house and lot is owned by B. He is an completed her 4-year college degree as a full-time
acquiring the properties in question came from Jambrich, undivided co-owner to that extent for his student, she and B contracted marriage without a
A: NO, Art. 147 of the Family Code is not applicable to the the entire property is his even though he is disqualified contributions in its acquisition in the form of the license.
case of Bert and Joe. Art. 147 applies only when a “man and from owning it. His subsequent transfer to Borromeo, down payment he made before the celebration of the
a woman, who are capacitated to marry each other, live however, is valid as it removed the disqualification. In such marriage. The money he used to pay the down The marriage of B and G was, two years later, declared
exclusively with each other as husband and wife without the case, all of the properties are owned by Borromeo. If, on the payment was not earned during the cohabitation, null and void due to the absence of a marriage license.
benefit of marriage or under a void marriage". In this case, other hand, Descallar contributed to their acquisition, the hence, it is his exclusive property. If you were the judge who declared the nullity of the
Bert and Joe are both men; they are also incapacitated from properties are co-owned by Descallar and Borromeo in marriage, to whom would you award the lot? Explain
marrying each other since in this jurisdiction, marriage may proportion to the respective contributions of Descallar and ii. 1/3 of the house and lot is owned by G. She is an briefly. (2010 BAR)
only take place between a man and a woman. (Arts. 1 and 2, Jambrich. undivided co-owner to the extent for her
FC) contribution in its acquisition when she paid 1/3 of A: Since the marriage was null and void, no Absolute
NOTE: The facts of the problem are not exactly the same as the purchase price using the gift from her parents. Community or Conjugal Partnership was established
b) If Bert and Joe had decided in the early years of in the case of Borromeo v. Descallar (G.R. No. 159310, 24 Feb. Although the gift was acquired by G during her between B and G. Their properties are governed by the
their cohabitation to jointly adopt the boy, 2009) hence, the difference in the resulting answer) cohabitation with B, it is her exclusive property. It did “special co-ownership” provision of Art. 147, FC because
would they have been legally allowed to do so? not consist of wage or salary or fruit of her work or both B and G were capacitated to marry each other. The said
Explain with legal basis? Q: G and B were married on 03 July 1989. On 04 Mar. industry. Article provides that when a man and a woman who are
2001, the marriage, which bore no offspring, was capacitated to marry each other, live exclusively with each
A: NO, because joint adoption is allowed between husband declared void ab initio under Art. 36, FC. At the time of iii. 1/3 of the house is co-owned by B and G because the other as husband and wife without the benefit of marriage,
and wife. Even if Bert and Joe are cohabiting with each the dissolution of the marriage, the couple possessed payment came from their co-owned funds, i.e., their or under a void marriage: (1) their wages and salaries shall
other, they are not vested with the right to jointly adopt the following properties: joint income during their cohabitation which is be owned by them in equal shares; and (2) property
under the Family Code or even under the Domestic shared by them equally in the absence of any proof to acquired by both of them through their work or industry
Adoption Act. (Sec. 7, R.A. 8552) (Bar Q&A by Paguirigan) 1. A house and lot acquired by B on 03 Aug. 1988, 1/3 the contrary. shall be governed by the rules on co-ownership. In co-
of the purchase price (representing down ownership, the parties are co-owners if they contributed
Q: Jambrich, an Austrian, fell in-love and lived together payment) of which he paid; 1/3 was paid by G on After summing up their prospective shares, B and G are something of value in the acquisition of the property. Their
with Descallar and bought their houses and lots at Agro- 14 Feb. 1990 out of a cash gift given to her by her undivided co-owners of the house and lot in equal shares. share is in proportion to their respective contributions. In
Macro Subdivision. In the Contracts to Sell, Jambrich parents on her graduation on 06 Apr. 1989; and an ordinary co-ownership the care and maintenance of the
and Descallar were referred to as the buyers. When the the balance was paid out of the spouses’ joint As to the apartment, it is owned exclusive by B because he family is not recognized as a valuable contribution for the
Deed of Absolute Sale was presented for registration income; and acquired it before their cohabitation. Even if he acquired it acquisition of a property. In the Art. 147 “special co-
before the Register of Deeds, it was refused because during their cohabitation, it will still be his exclusive ownership”, however, care and maintenance is recognized
Jambrich was an alien and could not acquire alienable 2. An apartment unit donated to B by an uncle on 19 property because it did not come from his wage or salary, as a valuable contribution which will entitle the contributor
lands of the public domain. After Jambrich and June 1987. (2010 BAR) or from his work or industry. It was acquired gratuitously to half of the property acquired.
Descallar separated, Jambrich purchased an engine and (a) Who owns the foregoing properties? Explain. from his uncle.
some accessories for his boat from Borromeo. To pay Having been acquired during their cohabitation, the
for his debt, he sold his rights and interests in the Agro- A: Since the marriage was declared void ab initio in 2001, no (b) If G and B had married on 03 July 1987 and their residential lot is presumed acquired through their joint
Macro properties to Borromeo. Borromeo discovered absolute community or conjugal partnership was ever marriage was dissolved in 2007, who owns the work and industry under Art. 147, hence B and G are co-
that titles to the 3 lots have been transferred in the established between B and G. Their property relation is properties? Explain. owners of the said property in equal shares.
name of Descallar. Who is the rightful owner of the governed by a “special co-ownership” under Art. 147, FC
properties? Explain. (2012 BAR) because they were capacitated to marry each other. A: The answer is the same as in letter A. Since the parties to Art. 147 also provides that when a party to the void
the marriage which was later declared void ab initio were marriage was in bad faith, he forfeits his share in the co-
A: It depends. On the assumption that the FC is the Under Art. 147, FC wages and salaries of the “former capacitated to marry each other, the applicable law under ownership in favor of the common children or descendants.
applicable law, the ownership of the properties depends on spouses” earned during their cohabitation shall be owned the NCC was Art. 144. This Article is substantially the same In default of children or descendants, the forfeited share
whether or not Jambrich and Descallar are capacitated to by them in equal shares while properties acquired thru as Art. 147, FC. shall belong to the innocent party. In the foregoing problem,
marry each other during their cohabitation, and whether or their work for industry shall be owned by them in there is no showing that one party was in bad faith. Hence,
not both have contributed funds for the acquisition of the proportion to their respective contributions. Care and both shall be presumed in good faith and no forfeiture shall

39 U N I V E R S IT Y O F S A N T O T O M A S U N I V E R S IT Y O F S A N T O T O M A S 40
FACULTY OF CIVI L LAW 2023 GOLDEN NOTES
 QuAMTO (1987-2022) CIVIL LAW
take place. A: Rico is the exclusive owner of the coconut land. The Q: Luis and Rizza, both 26 years of age and single, live (b) What would your answer be (to the above
Relations is a sole/single proprietorship. (Art. 148(1), FC, is exclusively with each other as husband and wife question) had Luis and Rizza been living
Q: In Dec. 2000, Michael and Anna, after obtaining a applicable, and not Art. 147, FC) However, after Rico's without the benefit of marriage. Luis is gainfully together all the time, i.e., since 20 years ago,
valid marriage license, went to the Office of the Mayor marriage to Letty, the coconut land of Rico will then become employed. Rizza is not employed, stays at home, and under a valid marriage?
of Urbano, Bulacan, to get married. The Mayor was not absolute community property of Rico and Letty. takes charge of the household. After living together for
there, but the Mayor’s secretary asked Michael and a little over twenty years, Luis was able to save from his A: The property relations between Luis and Rizza, their
Anna and their witnesses to fill up and sign the required (c) Who would own the mango orchard, and what salary earnings during that period the amount of marriage having been celebrated 20 years ago (during the
marriage contract forms. The secretary then told them property relation governs the ownership? P200,000.00 presently deposited in a bank. A house effectivity of the NCC) shall be governed by the conjugal
to wait and went out to look for the Mayor who was Explain. and lot worth P500,000.00 used by the common-law partnership of gains, under which the husband and wife
attending a wedding in a neighboring municipality. spouses to purchase the property, P200,000.00 had place in a common fund the proceeds, products, fruits and
When the secretary caught up with the Mayor at the A: Rico and Letty are the co-owners. The relation is the come from the sale of palay harvested from the income from their separate properties and those acquired
wedding reception, she showed him the marriage Absolute Community of Property. (Arts. 75, 90 & 91, FC) hacienda owned by Luis and P300,000.00 from the by either or both spouses through their efforts of by chance,
contract forms and told him that the couple and their rentals of a building belonging to Rizza. In fine, the sum and upon dissolution of the marriage or of the partnership,
witnesses were waiting in his office. The Mayor Q: For 5 years since 1989, Tony, a bank vice-president, of P500,000.00 had been part of the fruits received the net gains or benefits obtained by either or both spouse
forthwith signed all the copies of the marriage contract, and Susan, an entertainer, lived together as husband during the period of cohabitation from their separate shall be divided equally between them. (Art. 142, FC)
gave them to the secretary who returned to the Mayor’s and wife without the benefit of marriage although they property. A car worth P100,000.00, being used by the
office. She then gave copies of the marriage contract to were capacitated to marry each other. Since Tony's common-law spouses, was donated just months ago to Thus:
the parties and told Michael and Anna that they were salary was more than enough for their needs, Susan Rizza by her parents. 1. The salary of Luis deposited in the bank in the
already married. Thereafter, the couple lived together stopped working and merely "kept house." During that amount of P200,000.00 and the house and lot
as husband and wife, and had three sons. period, Tony was able to buy a lot and house in a plush Luis and Rizza now decide to terminate their valued at P500,000.00 shall be divided equally
subdivision. However, after five years, Tony and Susan cohabitation, and they ask you to give them your legal between Luis and Rizza.
What governs the properties acquired by the couple? decided to separate. (2000 BAR) advice on the following: (1997 BAR)
Explain. (2009 BAR) 2. However, the car worth P100,000.00 donated to
(a) Who will be entitled to the house and lot? (a) How, under the law, should the bank deposit of Rizza by her parents shall be considered to her own
A: The marriage being void, the property relationship that P200,000.00, the house and lot valued at paraphernal property, having been acquired by
governed their union is special co-ownership under Art. A: Tony and Susan are entitled to the house and lot as co- P500,000.00 and the car worth P100,000.00 be lucrative title. (Art. 148(2), FC)
147, FC. This is on the assumption that there was no owners in equal shares. Under Art. 147, FC, when a man and allocated to them?
impediment for them to validly marry each other. a woman who are capacitated to marry each other lived Q: In June 1985, James married Mary. In Sept. 1988, he
exclusively with each other as husband and wife, the A: Art. 147, FC provides in part that when a man and a also married Ophelia with whom he begot two (2)
Q: In 1989, Rico, then a widower, 40 years of age, property acquired during their cohabitation are presumed woman who are capacitated to marry each other, live children, A and B. In July 1989, Mary died. In July 1990,
cohabited with Cora, a widow, 30 years of age. While to have been obtained by their joint efforts, work or exclusively with each other as husband and wife without the he married Shirley and abandoned Ophelia. During
living together, they acquired from their combined industry and shall be owned by them in equal shares. This benefit of marriage or under a void marriage, their wages their union, James and Ophelia acquired a residential
earnings a parcel of rice land. After Rico and Cora is true even though the efforts of one of them consisted and salaries shall be owned by them through their work or lot worth P300,000.00.
separated, Rico lived together with Mabel, a maiden 16 merely in his or her care and maintenance of the family and industry shall be governed by the rules of co-ownership.
years of age. While living together, Rico was a salaried of the household. Ophelia sues James for bigamy and prays that his
employee and Mabel kept house for Rico and did full- In the absence of proof to the contrary, properties acquired marriage with Shirley be declared null and void. James,
time household chores for him. During their (b) Would it make any difference if Tony could not while they lived together shall be presumed to have been on the other hand, claims that since his marriage to
cohabitation, a parcel of coconut land was acquired by marry Susan because he was previously obtained by their joint efforts, work or industry, and shall Ophelia was contracted during the existence of his
Rico from his savings. After living together for one (1) married to Alice from whom he is legally be owned by them in equal shares. A party who did not marriage with Mary, the former is not binding upon
year, Rico and Mabel separated. Rico then met and separated? participate in the acquisition by the other party of any him, the same being void ab initio; he further claims
married Letty, a single woman 26 years of age. During property shall be deemed to have contributed jointly in the that his marriage to Shirley is valid and binding as he
the marriage of Rico and Letty, Letty bought a mango A: YES, it would make a difference. Under Art. 148, FC, when acquisition thereof if the former’s efforts consisted in the was already legally capacitated at the time he married
orchard out of her own personal earnings. (2000, 1997, the parties to the cohabitation could not marry each other care and maintenance of the family and of the household. her. What property regime governed the union of James
1992 BAR) because of an impediment, only those properties acquired and Ophelia? (1991 BAR)
by both of them through their actual joint contribution of Thus:
(a) Who would own the rice land, and what money, property, or industry shall be owned by them in 1. The wages and salaries of Luis in the amount of A: The provisions of Art. 148, FC shall govern. In cases of
property relations govern the ownership? common in proportion to their respective contributions. P200,000.00 shall be divided equally between Luis cohabitation not falling under the preceding Article, only
Explain. The efforts of one of the parties in maintaining the family and Rizza. the properties acquired by both of the parties through their
and household are not considered adequate contribution in actual joint contribution of money property, or industry
A: Rico and Cora are the co-owners of the rice land. The the acquisition of the properties. Since Susan did not 2. The house and lot valued at P500,000.00 having shall be owned by them in common in proportion to their
Relations is that of co-ownership. (Art. 147(1), FC) However, contribute to the acquisition of the house and lot, she has no been acquired by both of them through work or respective contributions. In the absence of proof to the
after Rico's marriage to Letty, the half interest of Rico in the share therein. If Tony cohabited with Susan after his legal industry shall be divided between them in contrary, their contributions and corresponding shares are
riceland will then become absolute community property of separation from Alice, the house and lot is his exclusive proportion to their respective contribution in presumed to be equal. The same rule and presumption shall
Rico and Letty. property. If he cohabited with Susan before his legal consonance with the rules on co-ownership. Hence, apply to joint deposits of money and evidence of credit.
separation from Alice, the house and lot belong to his Luis gets 2/5 while Rizza gets 3/5 of P500,000.00.
(b) Who would own the coconut land, and what community or partnership with Alice.
property Relations governs the ownership? 3. The car worth P100,000.00 shall be exclusively
Explain. owned by Rizza, the same having been donated to
her by her parents.

41 U N I V E R S IT Y O F S A N T O T O M A S U N I V E R S IT Y O F S A N T O T O M A S 42
FACULTY OF CIVI L LAW 2023 GOLDEN NOTES
 QuAMTO (1987-2022) CIVIL LAW
7. JUDICIAL SEPARATION OF PROPERTY partition the property. Carlito opposed invoking Art. longer a minor at the time of death of the putative father. Q: Two (2) months after the death of her husband who
(1998 BAR) 159 of the FC. Carlito alleged that since his minor child was shot by unknown criminal elements on his way
Lucas still resides in the premises, the family home (b) Wishing to keep the peace, the child during the home from office, Rose married her childhood
continues until that minor beneficiary becomes of age. pendency of the case decides to compromise boyfriend, and 7 months after said marriage, she
Q: In 1973, Mauricio, a Filipino pensioner of the U.S.
with his putative father's family by abandoning delivered a baby. In the absence of any evidence from
Government, contracted a bigamous marriage with
Is the contention of Carlito tenable? (2014 BAR) his petition in exchange for Yi of what he would Rose as to who is her child's father, what status does the
Erlinda, despite the fact that his first wife, Carol, was
have received as inheritance if he were law give to said child? Explain. (1999 BAR)
still living. In 1975, Mauricio and Erlinda jointly bought
A: NO, the contention of Carlito is not tenable. To qualify as recognized as an illegitimate child. As the judge,
a parcel of rice land, with the title being placed jointly
beneficiary of the family home, the person must be among would you approve such a compromise? A: The child is legitimate of the second marriage under Art.
in their names. Shortly thereafter, they purchased
those mentioned in Art. 154, NCC, he/she must be actually 168(2), FC which provides that a “child born after one
another property (a house and lot) which was placed in
living in the family home and must be dependent for legal A: NO, I will not approve the compromise agreement hundred eighty days following the celebration of the
her name alone as the buyer. In 1981, Mauricio died,
support upon the head of the family. (Patricio v. Dario, G.R. because filiation is a matter to be decided by law. It is not subsequent marriage is considered to have been conceived
and Carol promptly filed an action against Erlinda to
No. 170829, 20 Nov. 2006) While Lucas, the son of Carlito for the parties to stipulate whether a person is a legitimate during such marriage, even though it be born within three
recover both the Riceland and the house and lot,
satisfies the first and second requisites, he cannot however, or illegitimate child of another. (De Jesus v. Estate of Dizon, hundred days after the termination of the former marriage.”
claiming them to be conjugal property of the first
directly claim legal support from his grandmother, Leonora G.R. No. 142877, 02 Oct. 2001) In all cases of illegitimate
marriage. Erlinda contends that she and the late
because the person primarily obliged to give support to children, their filiation must be duly proved. (Art. 887, NCC) b) PROOF OF FILIATION OF LEGITIMATE CHILDREN
Mauricio were co-owners of the Riceland; and with
Lucas is his father, Carlito. Thus, partition may be (2012, 2011, 2008 BAR)
respect to the house and lot, she claims she is the
successfully claimed by Leonora and Danilo. ALTERNATIVE ANSWER:
exclusive owner. Assuming she fails to prove that she
The husband may impugn the legitimacy of his child but
had actually used her own money in either purchase,
YES, I would approve the compromise because it is no not on the ground that: (2012 BAR)
how do you decide the case? (1998 BAR)
K. PATERNITY AND FILIATION longer considered future inheritance. What the law
(2019, 2018, 2015, 2010, 2009, 2008, 2006, 2005, prohibits is a compromise with respect to future A) the wife is suspected of infidelity.
A: Under Art. 148, FC, which applies to bigamous marriages,
2003, 1999, 1995, 1990 BAR) legitime. In this case, the father is already dead so the B) the husband had a serious illness that
only the properties through their actual joint contribution
compromise is considered valid. (Bar Q&A by Paguirigan, prevented him from engaging in sexual
of money, property or industry shall be owned by them in
2015) intercourse.
common in proportion to their respective contributions.
C) they were living apart.
Moreover, if one of the parties is validly married to another, 1. CONCEPTS OF PATERNITY, FILIATION, AND
2. LEGITIMATE CHILDREN D) he is physically incapable of sexual intercourse.
his share in the co-ownership shall accrue to the absolute LEGITIMACY
community, conjugal partnership existing in such valid (2012, 2011, 2010, 2009, 2008, 2006, 1990 BAR)
(2019, 2018, 2015 BAR) A: A. (UPLC Suggested Answers)
marriage. Thus, in this case, since Erlinda failed to prove
that she used her own money to buy the Riceland and house a) WHO ARE LEGITIMATE CHILDREN
Q: Julie had a relationship with a married man who had Q: An illegitimate child may use the surname of his
and lot, she cannot claim to be the co-owner of the Riceland (2011, 2010, 2009, 2008 BAR)
legitimate children. A son was born out of that illicit father when his filiation is established in any of the
nor the exclusive owner of the house and lot. Such
relationship in 1981. Although the putative father did following instances, except: (2012 BAR)
properties are Mauricio’s. And since his share accrues to the Arthur and Helen, both Filipinos, got married and had 2
not recognize the child in his certificate of birth, he
conjugal partnership with Carol, Carol can validly claim children. Arthur later worked in Rome where he
nevertheless provided the with child all the support he A) Filiation has been recognized by the father
such properties to the exclusion of Erlinda. (Art. 144, NCC) acquired Italian citizenship. He got a divorce from
needed and spent time regularly with the child and his through the record of birth appearing in the
Helen in Rome but, on returning to the Philippines, he
mother. When the man died in 2000, the child was civil register
realized his mistake, asked forgiveness of his wife, and
already 18 years old so he filed a petition to be B) Admission of filiation by the father in a public
I. THE FAMILY resumed living with her. They had 2 more children.
recognized as an illegitimate child of the putative father document.
What is the status of their 4 children? (2011 BAR)
and sought to be given a share in his putative father's C) Private handwritten instrument is made by the
estate. The legitimate family opposed, saying that father acknowledging his filiation.
A) The children born before the divorce are
1. GENERAL PRINCIPLES under the Family Code his action cannot prosper D) Affidavit by the mother stating the name of his
legitimate but those born after it are not since
(2011 BAR) because he did not bring the action for recognition true father.
Arthur got the divorce when he had ceased to be
during the lifetime of his putative father. (2015 BAR)
a Filipino.
A: D. (UPLC Suggested Answers)
B) The divorce rendered illegitimate the children
(a) If you were the judge in this case, would how
J. FAMILY HOME born before it since the marriage that begot
you rule? Q: Roderick and Faye were high school sweethearts.
(2014, 2011 BAR) them had been nullified.
When Roderick was 18 and Faye, 16 years old, they
C) The children born before and after the divorce
A: If I were the judge, I will not allow the action for started to live together as husband and wife without the
are all legitimate since Philippine law does not
recognition filed after the death of the putative father. benefit of marriage. When Faye reached 18 years of age,
recognize divorce.
1. GENERAL PRINCIPLES Under the Family Code, an illegitimate child who has not her parents forcibly took her back and arranged for her
D) All the children are legitimate since they were
(2014 BAR) been recognized by the father in the record of birth, or in a marriage to Brad. Although Faye lived with Brad after
born of the same father and mother.
private handwritten instrument, or in a public document the marriage, Roderick continued to regularly visit
and may prove his filiation based on open and continuous Faye while Brad was away at work. During their
Q: On 30 Mar. 2000, Mariano died intestate and was A: A. (UPLC Suggested Answers)
possession of the status of an illegitimate child but pursuant marriage, Faye gave birth to a baby girl, Laica. When
survived by his wife, Leonora, and children, Danilo and
to Article 175, he or she must file the action for recognition Faye was 25 years old, Brad discovered her continued
Carlito. One of the properties he left was a piece of land
during the lifetime of the putative father. The provision of liaison with Roderick and in one of their heated
in Alabang where he built his residential house.
Article 285 of the Civil Code allowing the child to file the arguments, Faye shot Brad to death. She lost no time in
After his burial, Leonora and Mariano’s children
action for recognition even after the death of the father will marrying her true love Roderick, without a marriage
extrajudicially settled his estate. Thereafter, Leonora
not apply because in the case presented, the child was no license, claiming that they have been continuously
and Danilo advised Carlito of their intention to

43 U N I V E R S IT Y O F S A N T O T O M A S U N I V E R S IT Y O F S A N T O T O M A S 44
FACULTY OF CIVI L LAW 2023 GOLDEN NOTES
 QuAMTO (1987-2022) CIVIL LAW
cohabiting for more than 5 years. (2008 BAR) inherit from him. d) GROUNDS TO IMPUGN LEGITIMACY birth.
(2018, 2010, 2008, 2006 BAR)
(a) What is the filiation status of Laica? Q: B and G (college students, both single and not (b) If B acquiesces to the use of his surname by G’s
disqualified to marry each other) had a romantic affair. Q: After finding out that his girlfriend Sandy was 4 daughter by another man, what is/are the
A: Having been born during the marriage of Faye and Brad, G was seven months in the family way as of the months pregnant, Sancho married Sandy. Both were consequence/s? Explain.
she is presumed to be the legitimate child of Faye and Brad. graduation of B. Right after graduation B went home to single and had never been in any serious relationship
This presumption had become conclusive because the Cebu City. Unknown to G, B had a commitment to C (his in the past. Prior to the marriage, they agreed in a A: If B acquiesces and does not file the action to impugn the
period of time to impugn her filiation had already childhood sweetheart) to marry her after getting his marriage settlement that the regime of conjugal legitimacy of the child within the prescriptive period for
prescribed. college degree. Two weeks after B’s marriage in Cebu partnership of gains shall govern their property doing so under Art. 170, FC, G's daughter by another man
City, G gave birth to a son E in Metro Manila. relations during marriage. Shortly after the marriage, shall be conclusively presumed as the legitimate daughter
(b) Can Laica bring an action to impugn her own their daughter, Shalimar, was born. of B by G.
status on the ground that based on DNA After 10 years of married life in Cebu, B became a
results, Roderick is her biological father? widower by the sudden death of C in a plane crash. Out Before they met and got married, Sancho purchased a Q: Ed and Beth have been married for 20 years without
of the union of B and C, two children, X and Y, were born. parcel of land on installment, under a Contract of Sale, children. Desirous to have a baby, they consulted Dr.
A: NO, she cannot impugn her own filiation. The law does Unknown to C, while on weekend trips to Manila during with the full purchase price payable in equal annual Jun Canlas, a, prominent medical specialist on human
not allow a child to impugn his or her own filiation. In the the last 5 years of their marriage, B invariably visited G amortizations over a period of 10 years, with no down fertility. He advised Beth to undergo artificial
problem, Laica’s legitimate filiation was accorded to her by and lived at her residence and as a result of which, they payment, and secured by a mortgage on the land. The insemination. It was found that Ed’s sperm count was
operation of law which may be impugned only by Brad, or renewed their relationship. A baby girl F was born to B full purchase price was PhP 1million, with interest at inadequate to induce pregnancy. Hence, the couple
his heirs in the cases provided by law within the and G two years before the death of C. Bringing his the rate of 6% per annum. After paying the fourth looked for a willing donor. Andy the brother of Ed,
prescriptive period. family later to Manila, B finally married G. Recently, G annual installment, Sancho and Sandy got married, and readily consented to donate his sperm. After a series of
died. Sancho completed the payments in the subsequent test, Andy's sperm was medically introduced into
c) RIGHTS OF LEGITIMATE CHILDREN years from his salary as an accountant. The previous Beth's ovary. She became pregnant and 9 months later,
(2009, 1990 BAR) What are the rights of B’s four children: X and Y of his payments were also paid out of his salary. During their gave birth to a baby boy, named Alvin. (2006 BAR)
first marriage; and E and F, his children with G? Explain marriage, Sandy also won PhP1million in the lottery
Q: Four children, namely: Alberto, Baldomero, Caridad, your answer. (1990 BAR) and used it to purchase jewelry. When things didn’t (a) Who is the Father of Alvin? Explain.
and Dioscoro, were born to the Sps. Conrado and Clarita work out for the couple, they filed an action for
de la Costa. The children’s birth certificates were duly A: Under the facts stated, X and Y are legitimate children of declaration of nullity of their marriage based on the A: Ed is the father of Alvin because Alvin was conceived and
signed by Conrado, showing them to be the couple’s B and G. E is the legitimate children of B and G. E is the psychological incapacity of both of them. When the born during the marriage of his mother to Ed. Under the
legitimate children. Later, one Edilberto de la Cruz legitimated child of B and G. F is the illegitimate child of B petition was granted, the parcel of land and the jewelry law, the child born during the marriage of the mother to her
executed a notarial document acknowledging Alberto and C as legitimate children of B and C, X and Y have the bought by Sandy were found to be the only properties husband is presumed to be the legitimate child of the
and Baldomero as his illegitimate children with Clarita. following rights: of the couple. husband. (Concepcion v. Almonte, G.R. NO. 123450, 31 Aug.
Edilberto died leaving substantial properties. In the 2005) While it is true that there was no written consent by
settlement of his estate, Alberto and Baldomero 1) To bear the surnames of the father and the mother, in What is the filiation status of Shalimar? (2018 BAR) the husband to the artificial insemination, absence of such
intervened claiming shares as the deceased’s conformity with the provisions of the NCC on consent may only give the husband a ground to impugn the
illegitimate children. The legitimate family of Edilberto surnames; A: Shalimar is a legitimate child. Children conceived or born legitimacy of the child but will not prevent the child from
opposed the claim. before the judgment of absolute nullity of the marriage acquiring the status of legitimate child of the husband at the
2) To receive support from their parents, their because of psychological incapacity under Art. 36 has time of its birth.
Are Alberto and Baldomero entitled to share in the ascendants, and in proper cases, their brothers and become final and executory shall be considered legitimate.
estate of Edilberto? Explain. (2009 BAR) sisters, in conformity with the provisions of the FC on (Art. 54, FC) Since Shalimar was born before the judgment (b) What are the requirements, if any, in order
Support; and granting the petition for declaration of absolute nullity of for Ed to establish his paternity over Alvin?
A: NO, Alberto and Baldomero are not entitled to share in marriage of Sancho and Sandy under Art. 36 became final
Edilberto’s estate. They are not related at all to Edilberto. 3) To be entitled to the legitime and other successional and executory. Shalimar is a legitimate child. A: To establish Ed’s paternity over Alvin, only two
They were born during the marriage of Conrado and Clarita, rights granted to them by the NCC. (Art. 174, FC) E is requirements must concur: (1) the fact that Ed and the
hence, are considered legitimate children of the said the legitimated child of B and G. Under Art. 177, FC, Q: Sps. B and G begot two offsprings. Albeit they had mother of Alvin are validly married, and (2) the fact that
spouses. This status is conferred on them at birth by law. only children conceived and born outside of wedlock serious personality differences, the spouses continued Alvin was conceived or born during the subsistence of such
Under Philippine law, a person cannot have more than one of parents who, at the time of the conception of the to live under one roof. B begot a son by another woman. marriage.
natural filiation. The legitimate filiation of a person can be former, were not disqualified by any impediment to G also begot a daughter by another man. (2010 BAR)
changed only if the legitimate father will successfully marry each other may be legitimated. E will have the
impugn such status. same rights as X and Y. F is the illegitimate child of B (a) If G gives the surname of B to her daughter by
and G. F has the right to use the surname of G, her another man, what can B do to protect their
In the problem, therefore, the filiation of Alberto and mother, and is entitled to support as well as the legitimate children's interests? Explain.
Baldomero as the legitimate children of Conrado cannot be legitime consisting of 1/2 of that of each of X, Y, and E.
changed by their recognition by Edilberto as his illegitimate (Art. 176, FC) A: B can impugn the status of G's daughter by another man
children. Before they can be conferred the status of as his legitimate daughter on the ground that for biological
Edilberto’s illegitimate children, Conrado must first impugn reason he could not have been the father of the child, a fact
their legitimacy. Since Conrado has not initiated any action that may be proven by the DNA test. Having been born
to impugn their legitimacy, they continue to be the during the marriage between B and G, G's daughter by
legitimate children of Conrado. They cannot be the another man is presumed as the child of B under Art. 164,
illegitimate children of Edilberto at the same time. Not being FC. In the same action to impugn, B can pray for the
the illegitimate children of Edilberto, they have no right to correction of the status of the said daughter in her record of

45 U N I V E R S IT Y O F S A N T O T O M A S U N I V E R S IT Y O F S A N T O T O M A S 46
FACULTY OF CIVI L LAW 2023 GOLDEN NOTES
 QuAMTO (1987-2022) CIVIL LAW
3. ILLEGITIMATE CHILDREN license. Is Venus legitimate, illegitimate, or that Joey be given his share in Steve's estate, which is Q: Abraham died intestate on 07 Jan. 1994 survived by
(2018, 2015, 2012, 2011, 2010, 2009, 2008, 2006, legitimated? Explain briefly. (2010 BAR) now being solely held by Tintin. Tintin put up the his son Braulio. Abraham's older son Carlos died on 14
2005, 1999, 1996, 1995 BAR) defense that an action for recognition shall only be filed Feb. 1990. Danilo who claims to be an adulterous child
A: Venus is illegitimate. She was conceived and born outside during the lifetime of the presumed parents and that of Carlos intervenes in the proceedings for the
a valid marriage. Thus, she is considered illegitimate. (Art the exceptions under Art. 285 of the NCC do not apply to settlement of the estate of Abraham in representation
a) WHO ARE ILLEGITIMATE CHILDREN
165, FC) While Venus was legitimated by the subsequent him since the said article has been repealed by the of Carlos. Danilo was legally adopted on 17 Mar. 1970
(2018, 2012, 2010, 2005 BAR)
marriage of her parents, such legitimation was rendered Family Code. In any case, according to Tintin, Joey's by Carlos with the consent of the “latter's wife.” (1999,
ineffective when the said marriage was later on declared birth certificate does not show that Steve is his father. 1995 BAR)
Q: Sinclair and Steffi had an illicit relationship while
null and void due to absence of a marriage license. (2005 BAR)
Sinclair was married to another. The relationship
(a) Under the Family Code, how may an illegitimate
produced a daughter Sabina, who grew up with her
Under Art. 178, FC, “legitimation shall take place by a (a) Does Joey have a cause of action against Tintin filiation be proved? Explain.
mother. For most parts of Sabina’s youth, Steffi spent
subsequent valid marriage between parents. The for recognition and partition? Explain.
for her support and education. When Sabina was 21
annulment of a voidable marriage shall not affect the A: Under Art. 172, in relation to Art. 173 and Art. 175 of the
years old, Sinclair’s wife of many years died. Sinclair
legitimation.” The inclusion of the underscored portion in A: YES, Joey has a cause of action against Tintin. While the FC, the filiation of illegitimate children may be established
and Steffi lost no time in legitimizing their relationship.
the Article necessarily implies that the Article's application FC has repealed the provisions of the NCC on proof of in the same way and by the same evidence as legitimate
After the 40-day prayers for Sinclair’s late wife, Sinclair
is limited to voidable marriages. It follows that when the filiation, said repeal did not impair vested rights. Joey was children. Art. 172 provides that the filiation of legitimate
and Steffi got married without a marriage license,
subsequent marriage is null or void, the legitimation must born an illegitimate child in 1981. As an illegitimate child, children is established by any of the following: (1) the
claiming that they have been cohabiting for the last 20
also be null and void. In the present problem, the marriage he had acquired, at birth, the right to prove his filiation in record of birth appearing in the civil register or a final
years. After graduating from college, Sabina decided to
between B and G was not voidable but void. Hence, Venus accordance with the provisions of the NCC in force at that Judgment; or (2) an admission of legitimate filiation in a
enroll in law school. Sinclair said that he was not willing
has remained an illegitimate child. time. Under the NCC, an illegitimate child may file an action public document or a private handwritten instrument and
to pay for her school fees since she was no longer a
to compel his recognition even after the death of the signed by the parent concerned. In the absence of the
minor. Sinclair claimed that if Sabina wanted to be a
Q: In 1985, Sonny and Lulu, both Filipino citizens, were putative father when the father died during the minority of foregoing evidence, the legitimate filiation shall be proved
lawyer, she had to work and spend for her law
married in the Philippines. In 1987, they separated, and the child. While the FC has repealed this provision, it will by: (1) the open and continuous possession of the status of
education. (2018 BAR)
Sonny went to Canada, where he obtained a divorce in not operate to prejudice Joey who has already acquired a a legitimate child; or (2) any other means allowed by the
the same year. He then married another Filipina, vested right thereto. Rules of Court and special laws.
(a) What is Sabina’s filiation status?
Auring, in Canada on 01 Jan. 1988. They had two sons,
James and John. In 1990, after failing to hear from (b) Are the defenses set up by Tintin tenable? (b) As lawyer for Danilo, do you have to prove
A: Sabina is an illegitimate child of Sinclair and Steffi
Sonny, Lulu married Tirso, by whom she had a Danilo’s illegitimate filiation? Explain.
because she was conceived and born outside a valid
daughter, Verna. In 1991, Sonny visited the Philippines A: The defenses of Tintin are not tenable. The fact that Joey’s
marriage. (Art. 165, FC) She was not legitimated by the
where he succumbed to heart attack. Explain the birth certificate does not show that Steve was his father is A: NO. Since Danilo has already been adopted by Carlos, he
subsequent marriage between Sinclair and Steffi. Only
respective filiation of James, John and Verna. (2005 of no moment. The law does not require such mention. ceased to be an illegitimate child. An adopted child acquires
children conceived and born outside of wedlock of parents
BAR) Besides, the NCC provides that when the father did not sign all the rights of a legitimate child under Art, 189 of the FC.
who, at the time of conception of the former, were not
the birth certificate, his name should not be disclosed
disqualified by any impediment to marry each other may be
A: James and John are the illegitimate children of Sonny and therein. While it is true that capacity to inherit is Q: Nestor is the illegitimate son of Dr. Perez. When Dr.
legitimated. (Art. 177, FC) At the time of Sabina’s conception,
Auring because they were conceived and born outside a determined at the time of the death of the decedent and that Perez died, Nestor intervened in the settlement of his
her parents were disqualified by an impediment to marry
valid marriage. Verna is an illegitimate child of Lulu and filiation is an element of capacity to inherit, filiation is father's estate, claiming that he is the illegitimate son of
each other, because Sinclair was married to someone else.
Tirso having been conceived and born to the invalid determined not at the time of the death of the decedent but said deceased, but the legitimate family of Dr. Perez is
marriage of Lulu and Tirso. Verna cannot be presumed as at the time of the birth of the child who is born with a status. denying Nestor's claim. What evidence or pieces of
(b) Is Sinclair legally required to finance Sabina’s law
the legitimate child of Sonny because of the supervening Such status may subsequently change such as in evidence should Nestor present so that he may receive
education?
marriage that was celebrated between Lulu and Tirso even legitimation, but legitimation is deemed to retroact to the his rightful share in his father's estate? (1999 BAR)
though such marriage is void ab initio. The case of Liyao v. time of birth. In the same manner, recognition when given
A: YES, he is legally required to finance Sabina’s education.
Liyao (G.R. No. 138961, 07 Mar. 2002) is not applicable voluntarily by the father, or decreed by the court, retroacts A: To be able to inherit, the illegitimate filiation of Nestor
Support comprises everything indispensable for education
because in that case the wife begot a child by another man to the time of the child’s birth. must have been admitted by his father in any of the
among other things in keeping with the financial capacity of
during her marriage to her estranged husband, but no following:
the family. The education of the person entitled to be
marriage was celebrated between the wife the father of the (c) Supposing that Joey died during the pendency 1. The record of birth appearing in the civil register,
supported shall include his schooling or training for some
child. The child in that case was presumed to be the of the action, should the action be dismissed? 2. A final judgment,
profession even beyond the age of majority. (Art. 194, FC)
legitimate child of the estranged husband. Explain. 3. A public document signed by the father, or
Parents and their illegitimate children are obliged to
4. A private handwritten document signed by the
support each other. (Art. 195, FC) Considering the foregoing
b) PROOF OF FILIATION OF ILLEGITIMATE CHILDREN A: If Joey filed the action and died when the NCC was still in latter. (Art. 175, in relation to Art. 172, FC)
rules, Sinclair is enjoined by law to finance Sabrina’s law
(2015, 2011, 2005, 1999, 1995 BAR) force, his action would be dismissed because the action was
education even beyond the age of majority. (UPLC Suggested
not transmissible to the heirs of the illegitimate child. c) RIGHTS OF ILLEGITIMATE CHILDREN
Answers)
Q: Steve was married to Linda, with whom he had a (Conde v. Abaya, G.R. No. 4275, March 23, 1909) But if the (2012, 2010, 2009, 2006, 1996 BAR)
daughter, Tintin. Steve fathered a son with Dina, his action was filed after effectivity of the FC, and Joey died
Q: In 1997, B and G started living together without the
secretary of 20 years, whom Dina named Joey, born on during the pendency of the action for recognition, it should Q: Honorato filed a petition to adopt his minor
benefit of marriage. The relationship produced one
20 Sept. 1981. Joey’s birth certificate did not indicate not be dismissed. Under the present FC, an action illegitimate child Stephanie, alleging that Stephanie’s
offspring, Venus. The couple acquired a residential lot
the father's name. Steve died on 13 Aug. 1993, while commenced by a legitimate child to claim his legitimate mother is Gemma Astorga Garcia; that Stephanie has
in Parañaque. After four (4) years or in 2001, G having
Linda died on 03 Dec. 1993, leaving their legitimate filiation is not extinguished by his death. The FC makes this been using her mother’s middle name and surname;
completed her 4-year college degree as a fulltime
daughter, Tintin, as sole heir. On 16 May 1994, Dina provision applicable to the action for recognition filed by an and that he is now a widower and qualified to be her
student, she and B contracted marriage without a
filed a case on behalf of Joey, praying that the latter be illegitimate child. Joey has the right to invoke this provision adopting parent. He prayed that Stephanie’s middle
license. The marriage of B and G was, two years later,
declared an acknowledged illegitimate son of Steve and because it does not impair any vested rights. (Art. 175, FC) name be changed from “Astorga” to “Garcia,” which is
declared null and void due to the absence of a marriage

47 U N I V E R S IT Y O F S A N T O T O M A S U N I V E R S IT Y O F S A N T O T O M A S 48
FACULTY OF CIVI L LAW 2023 GOLDEN NOTES
 QuAMTO (1987-2022) CIVIL LAW
her mother’s surname and that her surname “Garcia” Under R.A. No. 9255 (An Act Allowing Illegitimate Children 4. LEGITIMATED CHILDREN Assuming that Aimee is successful in declaring her
be changed to “Catindig,” which is his surname. This the To Use The Surname Of Their Father, Amending For The (2011, 2008 BAR) former marriage void, and Andy and Aimee
trial court denied. Was the trial court correct in denying Purpose Art. 176 Of Executive Order No. 209, Otherwise subsequently married each other, would Gianna be
Hororato’s request for Stephanie’s use of her mother’s Known As The “Family Code Of The Philippines”), otherwise legitimated? (2008 BAR)
a) WHO MAY BE LEGITIMATED
surname as her middle name? Explain. (2012, 1996 known as the Revilla law, however, the illegitimate child is
(2011, 2009, 2008 BAR)
BAR) given the option to use the surname of the illegitimate A: NO, Gianna will not be legitimated. While the court may
father when the latter has recognized the former in have declared the marriage void ab initio and therefore, no
Q: True or False. A dead child can be legitimated. (2009
A: NO, the trial court was not correct. There is no law accordance with law. Since the choice belongs to the marriage took place in the eyes of the law, Gianna will still
BAR)
prohibiting an illegitimate child adopted by his natural illegitimate child, Rodolfo cannot compel Rona, if already of not be legitimated. This is because at the time she was
father to use as middle name his mother's surname. The law age, to use the surname against her will. If Rona is still a conceived and born her biological parents could not have
A: TRUE. To be legitimated, the law does not require a child
is silent as to what middle name an adoptee may use. In the minor, to use the surname of Rodolfo will require the validly married each other. For their marriage to be valid,
to be alive at the same time of the marriage of his or her
case of In re: Adoption of Stephanie Nathy Astorga Garcia consent of Rona's mother who has sole parental authority the court must first declare the first marriage null and void.
parents. (Art. 177, FC) Furthermore, Art. 181 of the FC which
(G.R. No, 148311, 31 Mar. 2005), the Supreme Court ruled over her. In the problem, Gianna was conceived and born before the
states that “The legitimation of children who died before the
that the adopted child may use the surname of the natural court has decreed the nullity of her mother’s previous
celebration of marriage will benefit their descendants,”
mother as his middle name because there is no prohibition (b) When Rona reaches 7 years old, she tells marriage.
does not preclude instances where such legitimation will
in the law against it. Moreover, it will also be for the benefit Rodolfo that she prefers to live with him,
benefit no one but the child's ascendants, or other relatives.
of the adopted child who shall preserve his lineage on his because he is better off financially than Nanette. Q: RN and DM, without any impediment to marry each
mother’s side and reinforce his right to inherit from his If Rodolfo files and action for the custody of other, had been living together without benefit of
Q: Roderick and Faye were high school sweethearts.
mother and her family. Lastly, it will make the adopted child Rona, alleging that he is Rona’s choice as church blessings. Their common-law union resulted in
When Roderick was 18 and Faye, 16 years old, they
conform with the time-honored Filipino tradition of custodial parent, will the court grant Rodolfo’s the birth of ZMN. Two years later, they got married in a
started to live together as husband and wife without the
carrying the mother’s surname as the person’s middle petition? Why or why not? civil ceremony. Could ZMN be legitimated? Reason.
benefit of marriage. When Faye reached 18 years of age,
name. (2004 BAR)
her parents forcibly took her back and arranged for her
A: NO, because Rodolfo has no parental authority over
marriage to Brad. Although Faye lived with Brad after
Q: Gigolo entered into an agreement with Majorette for Rona. He who has the parental authority has the right to A: ZMN was legitimated by the subsequent marriage of RN
the marriage, Roderick continued to regularly visit
her to carry in her womb his baby via in vitro custody. Under the Family Code, the mother alone has and DM because at the time he was conceived, RN and DM
Faye while Brad was away at work. During their
fertilization. Gigolo undertook to underwrite parental authority over the illegitimate child. This is true could have validly married each other. Under the Family
marriage, Faye gave birth to a baby girl, Laica. When
Majorette’s pre-natal expenses as well as those even if the illegitimate father has recognized the child and Code children conceived and born outside of wedlock of
Faye was 25 years old, Brad discovered her continued
attendant to her delivery. Gigolo would thereafter pay even though he is giving support for the child. To acquire parents who, at the time of the former's conception, were
liaison with Roderick and in one of their heated
Majorette P2 million and, in return, she would give custody over Rona, Rodolfo should first deprive Nanette of not disqualified by any impediment to marry each other are
arguments, Faye shot Brad to death. She lost no time in
custody of the baby to him. parental authority if there is a ground under the law, and in legitimated by the subsequent marriage of the parents
marrying her true love Roderick, without a marriage
a proper court proceeding. In the same action, the court may
license, claiming that they have been continuously
After Majorette gives birth and delivers the baby to award custody of Rona to Rodolfo if it is for her best c) GROUNDS TO IMPUGN LEGITIMACY
cohabiting for more than 5 years.
Gigolo following her receipt of P2 million, she engages interest.
your services as her lawyer to regain custody of the 5. ADOPTED CHILDREN
Can Laica be legitimated by the marriage of her
baby. Is the child entitled to support and inheritance Q: May an illegitimate child, upon adoption by her
biological parents? (2008 BAR)
from Gigolo? Explain. (2010 BAR) natural father, use the surname of her natural mother
Q: A German couple filed a petition for adoption of a
as the middle name? (2006 BAR)
A: NO, she cannot be legitimated by the marriage of her minor Filipino child with the RTC of Makati under the
A: If Gigolo voluntarily recognized the child as his
biological parents. In the first place she is not, under the law, provisions of the Child and Youth Welfare Code which
illegitimate child in accordance with Art. 175 in relation to A: YES, an illegitimate child, upon adoption by her natural
the child of Roderick, in the second place, her biological allowed alien to adopt. Before the petition could be
Art. 172 of the FC, the child is entitled to support and father, can use the surname of her natural mother as her
parents could not have validly married each other at the heard, the Family Code, which repealed the Child and
inheritance from Gigolo. middle name. The Court has ruled that there is no law
time she was conceived and born simply because Faye was Youth Welfare Code, came into effect. Consequently, the
prohibiting an illegitimate child adopted by her natural
still married to Roderick at that time. Under Art. 177, FC, Solicitor General filed a motion to dismiss the petition,
Q: Rodolfo, married to Sharon, had an illicit affair with father to use, as middle name, her mother's surname. What
only children conceived or born outside of wedlock of on the ground that the Family Code prohibits aliens
his secretary, Nanette, a 19-year-old girl, and begot a is not prohibited is allowed. After all, the use of the maternal
parents who, at the time of the conception of the child were from adopting. If you were the judge, how will you rule
baby girl, Rona. Nanette sued Rodolfo for damages: name as the middle name is in accord with Filipino culture
not disqualified by any impediment to marry each other, on the motion? (2001 BAR)
actual, for hospital and other medical expenses in and customs and adoption is intended for the benefit of the
may be legitimated.
delivering the child by caesarean section; moral, adopted. (In Re: Adoption of Stephanie Nathy Astorga Garcia,
A: The motion to dismiss the petition for adoption should
claiming that Rodolfo promised to marry her, G.R. No. 148311, 31 Mar. 2005)
b) HOW LEGITIMATION TAKES PLACE be denied. The law that should govern the action is the law
representing that he was single when, in fact, he was
(2008, 2004 BAR) in force at the time of filing of the petition. At that time, it
not; and exemplary, to teach a lesson to like-minded d) GROUNDS TO IMPUGN FILIATION
was the Child and Youth Welfare Code that was in effect, not
Lotharios. (2009 BAR) (2011, 2010, 2008 BAR)
Q: Gianna was born to Andy and Aimee, who at the time the FC. Petitioners have already acquired a vested right on
Gianna's birth were not married to each other. While their qualification to adopt which cannot be taken away by
(a) Suppose Rodolfo later on acknowledges Rona
Andy was single at the time, Aimee was still in the the Family Code. (Republic v. Miller, G.R. No. 125932, 21 Apr.
and gives her regular support, can he compel
process of securing a judicial declaration of nullity on 1999, citing Republic v. Court of Appeals, G.R. No. 92326, 24
her to use his surname? Why or why not?
her marriage to her ex-husband. Gianna's birth Jan. 1992)
certificate, which was signed by both Andy and Aimee,
A: NO. He has no right to compel Rona to use his surname.
registered the status of Gianna as “legitimate,” her
The law does not give him the right simply because he gave
surname carrying that of Andy's and that her parents
her support. (R.A. No. 9255) Under the FC, an illegitimate
were married to each other.
child was required to use only the surname of the mother.

49 U N I V E R S IT Y O F S A N T O T O M A S U N I V E R S IT Y O F S A N T O T O M A S 50
FACULTY OF CIVI L LAW 2023 GOLDEN NOTES
 QuAMTO (1987-2022) CIVIL LAW
a) DOMESTIC ADMINISTRATIVE ADOPTION AND been staying with his aunt who, however, could hardly A: NO, my answer would be different. Eva is qualified to b. WHO MAY ADOPT
ALTERNATIVE CHILD CARE ACT afford to feed her own family. Unfortunately, Hans and adopt her illegitimate daughter, because she falls in one of
R.A. No. 11642 Rhoda cannot come to the Philippines to adopt Magno the exceptions that allow foreigners to adopt. She is a Q: Under R.A. No. 8043, an adopter is required to be at
although they possess all the qualifications as adoptive former Filipino citizen adopting her relative by least ____ years old and ____ years older than the child to
Q: Sps. Rex and Lea bore two children now aged 14 and parents. consanguinity. Eva can adopt separately her illegitimate be adopted at the time of the application unless the
8. During the subsistence of their marriage, Rex begot a child because her case is also an exception to the rule that adopter is the parent by nature of the child. (2012 BAR)
child by another woman. He is now 10 years of age. On Is there a possibility for them to adopt Magno? How husband and wife should adopt jointly.
Lea’s discovery of Rex’s fathering a child by another should they go about it? (2005 BAR) a) 30 and 15
woman, she filed a petition for legal separation which (c) Supposing that they filed the petition to adopt b) 27 and 16
was granted. Rex now wants to adopt his illegitimate A: Under R.A. No. 8043, the rules for inter-country adoption Vicky in the year 2000, will your answer be the c) 50 and 10
child. (2010 BAR) of Filipino children, the spouses may file an application to same? Explain. d) 18 and 15
adopt a Filipino child with the Inter-Country Adoption
(a) Whose consent is needed for Rex’s adoption of his Board (ICAB) after they have been determined eligible and A: YES, my answer will be the same. The new Law on A: B. 27 and 16
illegitimate child? fit to adopt by the State Welfare Agency or a licensed Domestic Adoption allows a foreigner to adopt in the
adoption agency in Canada. The Canadian agency will Philippines if he has been residing in the Philippines for at N.B.: Under R.A. No. 11642, the minimum age requirement
A: The consent of the 14-year-old legitimate child, of the 10- forward the required supporting documents to the ICAB for least 3 years prior to the filing of the petition unless the law for the adopter is now at least 25 years of age. and the 16-
year-old illegitimate child and of the biological parents of matching with a Filipino child. The spouses, after filing a waives that residency requirement. Paul and Eva have not year difference between the age of the adopter and the
the illegitimate child are needed for the adoption. petition with the ICAB, shall be issued the Placement resided in the Philippines for the last three (3) years. adoptee may be waived when the adopter is:
Authority and when all the travel documents of the child However, Eva will qualify for waiver because she was a (1) the biological parent of the adoptee; or
Under the Domestic Administrative Adoption and who is declared legally eligible for adoption as determined former Filipino citizen who wishes to adopt a relative by (2) the spouse of the adoptee’s parent. (Sec. 21(a), R.A.
Alternative Child Care Act (R.A. No. 11642), the following are by the ICAB are ready the adoptive parents or any one of consanguinity within the fourth degree. Unfortunately, Paul No. 11642)
necessary to give their consent to the adoption: them shall personally fetch the child in the Philippines for will not qualify to adopt because he does not fall in any of
(1) the adoptee, if 10 years of age or over; adoption in the court of the foreigner’s country. the instances for waiver to apply. They cannot adopt jointly Q: Sps. Esteban and Maria decided to raise their two (2)
(2) the biological parents of the child, if known, or the because one of them is not qualified. Neither may Eva adopt nieces, Faith and Hope, both minors, as their own
legal guardian, or the proper government Q: In 1984, Eva, a Filipina, went to work as a nurse in the alone because she does not fall in any of the exceptions that children after the parents of the minors died in a
instrumentality which has legal custody of the USA. There, she met and fell in love with Paul, an allow husband and wife to adopt separately. vehicular accident. 10 years after, Esteban died. Maria
child, except in the case of a Filipino of legal age if, American citizen, and they got married in 1985. Eva later on married her boss Daniel, a British national who
prior to the adoption, said person has been acquired American citizenship in 1987. During their Q: Lina, a former Filipina who became an American had been living in the Philippines for 2 years. With the
consistently considered and treated as their own sojourn in the Philippines in 1990, they filed a joint citizen shortly after her marriage to an American permission of Daniel, Maria filed a petition for the
child by the adopters for at least 3 years; petition for the adoption of Vicky, a 7-year-old daughter husband, would like to adopt in the Philippines, jointly adoption of Faith and Hope. She did not include Daniel
(3) The legitimate and adopted children, 10 years of of Eva's sister. The government, through the OSG, with her husband, one of her minor brothers. Assuming as her co-petitioner because for Maria, it was her
age or over, of the adopters, if any; opposed the petition on the ground that the petitioners, that all the required consents have been obtained, former husband Esteban who raised the kids. If you are
(4) The illegitimate children, 10 years of age or over, of being both foreigners, are disqualified to adopt Vicky. could the contemplated joint adoption in the Philippine the judge, how will you resolve the petition? (2014
the adopter if living with said adopter or over (2005, 2003, 2000 BAR) prosper? Explain. (2003 BAR) BAR)
whom the adopter exercises parental authority and
the latter’s spouse, if any; and (a) Is the government's opposition tenable? A: YES, Lina and her American husband can jointly adopt a A: If I were the judge, I would DISMISS THE PETITION for
(5) The spouse, if any, of the person adopting or to be Explain. minor brother of Lina because she and her husband are adoption. The rule is that the husband and wife must jointly
adopted. (Sec. 23, R.A. 11642) both qualified to adopt. Lina, as a former Filipino citizen, can adopt and there are only three recognized exceptions to
A: YES, the position of the government is tenable. adopt her minor brother under Sec. 7(b(i)) of R.A. 8552 joint adoption by the husband and wife: 1) if one spouse
Since Rex and Lea are legally separated, her consent is no Foreigners are disqualified to adopt unless they fall in any (Domestic Adoption Act of 1998). seeks to adopt the legitimate child of the other; 2) if one
longer necessary. Therefore, only the consent of the 14- of the exceptions provided for in the law. Eva and Paul are spouse seeks to adopt his or her own illegitimate child; 3) if
year-old legitimate child, the 10-year-old illegitimate child both foreigners. Eva, Falls in one of the exceptions. She is The alien husband can now adopt under Sec. 7(b) of R.A. No. the spouses are legally separated. The case of Maria and
and of the biological parents or legal guardian of the qualified to adopt because she is a former Filipino citizen 8552. The Supreme Court has held in several cases that Daniel does not appear to fall under any of the recognized
illegitimate child are needed for the adoption. who wishes to adopt a relative by consanguinity. when husband and wife are required to adopt jointly, each exceptions, accordingly the petition filed by the wife alone
Unfortunately, Paul is not qualified to adopt because he one of them must be qualified to adopt in his or her own should be dismissed. (Bar Q&A by Paguirigan)
(b) If there was no legal separation, can Rex still does not fall in any of the exceptions. Hence, they cannot right. (Republic v. Toledano, G.R. No. 94147, 08 June 1994)
adopt his illegitimate child? Explain. adopt jointly. When husband and wife are adopting jointly, However, the American husband must comply with the Q: 18-year-old Filipina Patrice had a daughter out of
both of them must be qualified to adopt in their own right requirements of the law including the residency wedlock whom she named Laurie. At 26, Patrice
A: YES, he can still adopt his illegitimate child but with the Eva cannot, alone by herself, adopt her niece because requirement of three (3) years. Otherwise, the adoption will married American citizen John who brought her to live
consent of his spouse, of his 14-year-old legitimate child of husband and wife must adopt jointly unless they fall in any not be allowed. with him in the United States of America. John at once
the illegitimate child, and of the biological mother of the of the exceptions provided for in the law. They cannot adopt signified his willingness to adopt Laurie. Can John file
illegitimate child. As a general rule, spouses shall jointly separately because they do not fall in any of the exceptions. the petition for adoption? If yes, what are the
adopt except if the spouses are legally separated from each Hence, whether separately or jointly, Eva and Paul cannot requirements? If no, why? (2010 BAR)
other. (Sec. 21(e)(4)(c)) adopt Vicky in the Philippines. (Domestic Adoption Law, R.A.
No. 8552) A: NO, John cannot file the petition to adopt alone. As a
Q: Hans Berber, a German national, and his Filipino general rule one who is married to a Filipino citizen and
wife, Rhoda, are permanent residents of Canada. They (b) Would your answer be the same if they sought seeks to adopt jointly with the spouse a relative within the
desire so much to adopt Magno, an 8-year-old orphaned to adopt Eva's illegitimate daughter? Explain. 4th degree of consanguinity or affinity of the Filipino spouse
boy and a baptismal godson of Rhoda. Since the and the spouses shall jointly adopt except (1) if one spouse
accidental death of Magno's parents in 2004, he has seeks to adopt the legitimate child of the other; (2) If one

51 U N I V E R S IT Y O F S A N T O T O M A S U N I V E R S IT Y O F S A N T O T O M A S 52
FACULTY OF CIVI L LAW 2023 GOLDEN NOTES
 QuAMTO (1987-2022) CIVIL LAW
spouse seeks to adopt own illegitimate child; or (3) If the petition jointly with her new husband. Monina, in a Is there any legal obstacle to the legal adoption of Amy ALTERNATIVE ANSWER:
spouses are legally separated from each other. (Sec. 21(e), Motion for Reconsideration argues that mere consent by Andrew? To the legal adoption of Sandy by Andrew
R.A. No. 11642) In this case, John seeks to adopt the of her husband would suffice and that joint adoption is and Elena? (2008 BAR) Even if the new national law of Samuel does not oblige him
illegitimate child of his spouse. However, he does not fall not needed, for the adoptees are already emancipated. to support his minor illegitimate children in the Philippines,
under any of the exceptions. Therefore, John cannot file the A: NO, there is no legal obstacle to the legal adoption of Amy the said foreign law cannot be applied in the Philippines for
petition to adopt alone. Is the trial court correct in dismissing the petitions for by Andrew. While a person of age may not be adopted, Amy two reasons: (1) the Philippines may refuse to apply said
adoption? Explain. (2012 BAR) falls within two exceptions: (1) she is an illegitimate child foreign law, because it is contrary to a sound and
c) WHO MAY BE ADOPTED and she is being adopted by her illegitimate father to established policy of the forum; and (2) the Philippine laws
A: YES, the trial court was correct. At the time the positions improve her status; and (2) even on the assumption that she which have for their object public policy cannot be rendered
Q: Sometime in 1990, Sarah, born a Filipino but by then for adoptions were filed, petitioner had already remarried. is not an illegitimate child of Andrew, she may still be ineffective by a foreign law. (Art. 17(3) NCC; Del Soccoro v.
a naturalized American citizen, and her American Under the law, husband and wife shall adopt jointly, except adopted, although of legal age, because she has been Van Wilsem, G.R. No. 193707, 10 Dec. 2014)
husband Tom, filed a petition in the RTC of Makati, for in cases enumerated in the law. The adoption cases of consistently considered and treated by the adopter as his
the adoption of the minor child of her sister, a Filipina. Michelle and James do not fall in any of the exceptions own child since minority. In fact, she has been living with 3. SOURCE OF SUPPORT
Can the petition be granted? (2000 BAR) provided in the law where a spouse is permitted to adopt him until now. (2011, 2010, 2008 BAR)
alone. Hence, Monina should adopt jointly with her husband
A: IT DEPENDS. If Tom and Sarah have been residing in the Angel. (Adoption of Michelle P. Lim, G.R. Nos. 168992-93, 21 There is a legal obstacle to the adoption of Sandy by Andrew
Q: G filed on 08 July 2000 a petition for declaration of
Philippines for at least 3 years prior to the effectivity of R.A. May 2009) and Elena. Andrew and Elena cannot adopt jointly because
nullity of her marriage to B. During the pendency of the
No. 8552, the petition may be granted because the American they are not married.
case, the couple entered into a compromise agreement
husband is not qualified to adopt. c. WHO MAY BE ADOPTED
to dissolve their absolute community of property. B
ceded his right to their house and lot and all his shares
While the petition for adoption was filed in 1990, it was Q: Rafael, a wealthy bachelor, filed a petition for the L. SUPPORT in two business firms to G and their two children, aged
considered refiled upon the effectivity of R.A. No. 8552, the adoption of Dolly, a one-year-old foundling who had a (2018, 2011, 2010, 2008, 2006, 2004 BAR) 18 and 19. B also opened a bank account in the amount
Domestic Adoption Act of 1998. This is the law applicable, severe heart ailment. During the pendency of the
of P3 million in the name of the two children to answer
the petition being still pending with the lower court. adoption proceedings, Rafael died of natural causes.
for their educational expenses until they finish their
The Office of the Solicitor General files a motion to
1. WHAT COMPRISES SUPPORT college degrees. For her part, G undertook to shoulder
Under the Act, Sarah and Tom must adopt jointly because dismiss the petition on the ground that the case can no
(2011 BAR) the day-to-day living expenses and upkeep of the
they do not fall in any of the exceptions where one of them longer proceed because of the petitioner’s death. (2009
children. The Court approved the spouses’ agreement
may adopt alone. When husband and wife must adopt BAR)
on 08 Sept. 2000. Suppose the business firms suffered
jointly, the Supreme Court has held in a line of cases that 2. WHO ARE OBLIGED TO GIVE SUPPORT reverses, rendering G unable to support herself and the
both of them must be qualified to adopt. While Sarah, an (a) Should the case be dismissed? Explain. (2018, 2011, 2010, 2008 BAR) children. Can G still ask for support pendente lite from
alien, is qualified to adopt under Sec. 7(b)(1) of the Act for
B? Explain. (2010 BAR)
being a former Filipino citizen who seeks to adopt a relative A: It depends on the stage of the proceedings when Rafael
Q: Sofia and Semuel, both unmarried, lived together for
within the fourth degree of consanguinity or affinity, Tom died. If he died after all the requirements under the law have
many years in the Philippines and begot three children. A: YES, G can still ask for support from B because during the
an alien, is not qualified because he is neither a former been complied with and the case is already submitted for
While Sofia stayed in the Philippines with the children, pendency of the action, the marriage between them is
Filipino citizen, nor married to a Filipino. One of them not resolution, the court may grant the petition and issue a
Semuel went abroad to work and became a naturalized considered still subsisting. (Art. 68, FC) Being considered
being qualified to adopt their petition has to be denied. decree of adoption despite the death of the adopter. (Sec. 13,
German citizen. He met someone in Germany whom he still married to each other, B and G still have the obligation
However, if they have been residents of the Philippines R.A. No. 8552) Otherwise, the death of the petitioner shall
wanted to marry. Semuel thereafter came home and to support each other. The compromise agreement cannot
three years prior to the effectivity of the Act and continues have the effect terminating the proceedings.
filed a petition with the RTC for partition of the operate to waive future support when needed. (Art. 2035,
to reside here until the decree of adoption is entered, they
common properties acquired during his union with NCC)
are qualified to adopt the nephew of Sara under Sec. 7(b) (b) Will your answer be the same if it was Dolly
Sofia in the Philippines. The properties acquired during
thereof, and the petition may be granted. who died during the pendency of the adoption
the union consisted of a house and lot in Cavite worth After the compromise agreement was approved by the
proceedings? Explain.
P2 million, and some personal properties, including court and the properties of the marriage were distributed,
d) EFFECTS OF A DECREE OF ADOPTION
cash in bank amounting to P1 million. All these there remained no more common properties of B and G.
Arts. 189-190 of the Family Code A: NO, if it was Dolly who died, the case should be dismissed.
properties were acquired using Semuel’s salaries and While Art. 198, FC appears ' to limit the source of support to
Her death terminates the proceedings. (Art. 13, R.A. No.
wages since Sofia was a stay-at-home mother. In the common properties of the said marriage in case of the
Q: Sps. Primo and Monina Lim, childless, were 8552)
retaliation, Sofia filed an action, on behalf of their pendency of an action to declare the nullity of marriage,
entrusted with the custody of two minor children, the
minor children, for support. Arts. 94 and 121 indicate otherwise. Under the said Articles,
parents of whom were unknown. Eager of having Q: Despite several relationships with different women,
the spouses remain personally and solidarily liable with
children of their own, the spouses made it appear that Andrew remained unmarried. His first relationship
Should Semuel be required to support the minor their separate properties for support even though, for
they were the children’s parents by naming them with Brenda produced a daughter, Amy, now 30 years
children? (2018 BAR) whatever reason, there are no more community or
Michelle P. Lim and Michael Jude Lim. Subsequently, old. His second, with Carla, produced two sons: Jon and
partnership properties left.
Monina married Angel Olario after Primo’s death. Ryan. His third, with Elena, bore him no children
A: YES, Semuel should be required to support the minor
although Elena has a daughter Jane, from a previous
children. Parents and their illegitimate children are obliged The judgment based on the compromise dissolving the
She decided to adopt the children by availing the relationship. His last, with Fe, produced no biological
to support each other. (Art. 195, FC) Semuel is required to property relations of B and G does not bar G from asking
amnesty given under R.A. No. 8552 to those individuals children but they informally adopted without court
support his illegitimate children with Sofia. The children are support pendente lite. The dissolution of the property
who simulated the birth of a child. She filed separate proceedings, Sandy's now 13 years old, whom they
illegitimate, because they were conceived and born outside relations of the spouses did not terminate the obligation
petitions for the adoption of Michelle, then 25 years old consider as their own. Sandy was orphaned as a baby
a valid marriage. (Art. 165, FC) (UPLC Suggested Answers) between them to support each other. The declaration of the
and Michael, 18. Both Michelle and Michael gave and was entrusted to them by the midwife who
nullity of their marriage is what terminates the right of G to
consent to the adoption. The trial court dismissed the attended to Sandy's birth. All the children, including
be supported by B as his spouse.
petition and ruled that Monina should have filed the Amy, now live with Andrew in his house.

53 U N I V E R S IT Y O F S A N T O T O M A S U N I V E R S IT Y O F S A N T O T O M A S 54
FACULTY OF CIVI L LAW 2023 GOLDEN NOTES
 QuAMTO (1987-2022) CIVIL LAW
Q: Despite several relationships with different women, 3. SPECIAL PARENTAL AUTHORITY A: The school, its administrators, and teachers have special
Andrew remained unmarried. His first relationship M. PARENTAL AUTHORITY (2011, 2010, 2003 BAR) parental authority and responsibility over the minor child
with Brenda produced a daughter, Amy, now 30 years (2018, 2012, 2011, 2010, 2009 BAR) while under their supervision, instruction or custody. (Art.
old. His second, with Carla, produced two sons: Jon and 218, FC) They are principally and solidarily liable for the
Q: On 05 May 1989, 16-year-old Rozanno, who was
Ryan. His third, with Elena, bore him no children damages caused by the acts or omissions of the
issued a student permit, drove to school a car, a gift
although Elena has a daughter Jane, from a previous unemancipated minor unless they exercised the proper
1. CONCEPT OF PARENTAL AUTHORITY from his parents. On even date, as his class was
relationship. His last, with Fe, produced no biological diligence required under the circumstances. (Art. 219, FC)
(2012, 2010, 2009, 2006 BAR) scheduled to go on a field trip, his teacher requested
children but they informally adopted without court In the problem, the teacher and the school authorities are
him to accommodate in his car, as he did, four (4) of his
proceedings, Sandy's now 13 years old, whom they liable for the blindness of the victim, because the student
classmates because the van rented by the school was
consider as their own. Sandy was orphaned as a baby Q: Under Art. 213, FC, no child under 7 years of age shall who causes it was under their special parental authority
too crowded. On the way to a museum which the
and was entrusted to them by the midwife who be separated from the mother unless the court finds and they were negligent. They were negligent because they
students were scheduled to visit, Rozanno made a
attended to Sandy's birth. All the children, including compelling reasons to order otherwise. (2006 BAR) were chatting in the corridor during the class period when
wrong maneuver, causing a collision with a jeepney.
Amy, now live with Andrew in his house. (2008 BAR) the stabbing incident occurred. The incident could have
One of his classmates died. He and the three (3) others
(a) Explain the rationale of this provision. been prevented had the teacher been inside the classroom
were badly injured. (2010 BAR)
(a) In his old age, can Andrew be legally entitled to at that time. The guilty boy’s PARENTS are subsidiarily
claim support from Amy, Jon, Ryan, Jane, and A: The rationale of the provision is that a child below 7 years liable under Art. 219, FC.
(a) Who is liable for the death of Rozanno’s
Sandy assuming that all of them have the means old needs the love and care which only its mother can give.
classmate, and the injuries suffered by Rozanno
to support him? The welfare of the child is given the highest priority and the 4. EFFECTS OF PARENTAL AUTHORITY
and his 3 other classmates? Explain.
interest of the child prevails over procedural rules. (2010 BAR)
A: YES, Andrew can claim support from them all, except
A: At the time the incident occurred in May 1989, Rozanno
from Sandy and Jane, who is not his child, legitimate, (b) Give at least 3 examples of “compelling reasons”
was still a minor. Being a minor, Art. 218, (FC) applies. Q: Gigolo entered into an agreement with Majorette for
illegitimate, or adopted. which justify the taking away from the mother’s
Pursuant to Art. 218, the school, its administrators and her to carry in her womb his baby via in vitro
custody of her child under 7 years of age.
teachers shall be liable for the acts of minor Rozanno fertilization. Gigolo undertook to underwrite
(b) Can Amy, Jon, Ryan, Jane, and Sandy legally
because of the special parental authority and responsibility Majorette’s pre-natal expenses as well as those
claim support from each other? A: The following have been considered as “compelling
that they exercise over him. The authority applies to all attendant to her delivery. Gigolo would thereafter pay
reasons” to deprive a mother of custody:
authorized activities, whether inside or outside the Majorette P2 million and, in return, she would give
A: YES, Amy, Jon and Ryan, can legally claim support from
premises of the school, entity or institution. The field trip on custody of the baby to him. (2010 BAR)
each other under Art. 196, FC which provides that brothers a. Neglect;
which occasion Rozanno drove the car, was an authorized
and sisters not legitimately related, whether of the full or b. Abandonment;
activity, and, thus, covered by the provision. Furthermore, (a) After Majorette gives birth and delivers the baby
half-blood, are bound to support each other except when c. Unemployment;
the parents of Rozanno are subsidiarily liable pursuant to to Gigolo following her receipt of P2 million, she
the need for support is due to a cause imputable to the d. Immorality; (Espiritu v. Court of Appeals, G.R. No.
Art. 219 of the FC, and principally liable under Art. 221 of the engages your services as her lawyer to regain
claimant’s fault or negligence. Jane and Sandy, however, 115640, 15 Mar. 1995)
FC, if they are negligent. custody of the baby. Is the child entitled to
cannot legally claim support from each other and from Amy, e. Alcoholism;
support and inheritance from Gigolo? Explain.
Jon and Ryan because they are not related to any of them. f. Drug addiction;
(b) Under the same facts, except the date of
g. Maltreatment;
occurrence of the incident, this time in mid- A: If Gigolo voluntarily recognize the child as his illegitimate
4. ORDER OF SUPPORT h. Insanity;
1994, what would be your answer? Explain. child in accordance with Art. 175 in relation to Art. 172 of
(2011 BAR) i. Highly communicable serious disease;
the FC, the child is entitled to support and inheritance from
j. Grave physical handicap; and
A: Since Rozanno was 16 years old in 1989, if the incident Gigolo.
k. Serious and credible threat by the child to ham
happened sometime in the middle of 1994, Rozanno have
himself if separated from his mother. (Luna v. IAC,
been 21 years old at the time. Hence, he was already of legal (b) What legal action can you file on behalf of
G.R. No. L-68374, 18 June 1985)
age. The law reducing the age of majority to 18 years took Majorette? Explain.
effect in December 1989.
2. SUBSTITUTE PARENTAL AUTHORITY A: As her lawyer, I can file a petition for habeas corpus on
(2004 BAR) Being of legal age, Arts. 218, 219, and 221, FC are no longer behalf Majorette to recover custody of her child. Since she is
applicable. In such case, only Rozanno will be personally the mother of the child that was born out of wedlock, she
Q: Distinguish briefly but clearly between: Substitute responsible for all the consequences of his act unless his has exclusive parental authority and custody over the child.
parental authority and special parental authority. school or his parents were themselves also negligent and Gigolo, therefore, has no right to have custody of the child
(2004 BAR) such negligence contributed to the happening of the and his refusal to give up custody will constitute illegal
incident. In that event, the school or his parents are not detention for which habeas corpus is the proper remedy.
A: In substitute parental authority, the parents lose their liable under Arts. 218, 218, or 221, FC, but will be liable
parental authority in favor of the substitute who acquires it under general provision of the NCC on quasi-delict. (c) Can Gigolo demand from Majorette the return of
to the exclusion of the parents. In special parental authority, the P2 million if he returns the baby? Explain.
the parents or anyone exercising parental authority does Q: If during class hours, while the teacher was chatting
not lose parental authority. Those who are charged with with other teachers in the school corridor, a 7-year-old A: NO, he cannot. Both he and Majorette are guilty of
special parental authority exercise such authority only male pupil stabs the eye of another boy with a ball pen violating the provision of the Anti-Child Abuse Law (R.A. No.
during the time that the child is in their custody or during a fight, causing permanent blindness to the 7610) on child trafficking. Being in pari delicto, the parties
supervision. Substitute parental authority displaces victim, who could be liable for damages for the boy’s shall be left where they are, and Gigolo cannot demand the
parental authority while special parental authority concurs injury: the teacher, the school authorities, or the guilty return of what he paid.
with parental authority. boy’s parents? Explain. (2003 BAR)

55 U N I V E R S IT Y O F S A N T O T O M A S U N I V E R S IT Y O F S A N T O T O M A S 56
FACULTY OF CIVI L LAW 2023 GOLDEN NOTES