Marriage Reviewer

Internal law on marriage ESSENTIAL REQUISITES

LEGAL CAPACITYMALE amp FEMALE CONSENT FREELY GIVEN IN THE PRESENCE OF SOLEMNIZING OFFICER

FORMAL REQUISITES AUTHORITY OF SOLEMNIZING OFFICER A VALID MARRIAGE LICENSE WITH EXCEPTIONS MARRIAGE CEREMONYPERSONAL DECLARATIONPRESENCE OF NOT LESS THAN TWO WITNESSES OF LEGAL

AGE EFFECT OF ABSENCE OF ESSENTIALFORMAL REQUISITES GEN RULEMARRIAGE-VOID AB INITIO EXCEPTION ARTICLE 35 (2) COMMON-LAW MARRAGE BETWEEN FILIPINOS IS VOID Irregularitydefect DEFECT IN ESSENTIAL REQUISITE

Ex NO PARENTAL CONSENT (BET 18-21)(below 21) VOIDABLE

DEFECT IN THE FORMAL REQUISITE Ex MARRIAGE LICENSE NOT APPLIED IN THE PLACE SPECIFIEDNO COMLIANCE ON POSTING NO EFFECT WITH ITS VALIDITY CIVILLY CRIMINALLY AND ADMINISTRATIVELY LIABLE APPLICABILITY TO FOREIGNERS

FORMAL REQUISITES MARRIAGE HELD IN THE PHILIPPINES CERTIFICATE OF LEGAL CAPACITY TO CONTRACT MARRIAGE ISSUED BY DIPLOMATICCONSULAR OFFICIALS OF HIS

COUNTRY IN THE PHILIPPINES COMMON LAW MARRIAGES ndash VALID (NATIONALITY RULELAW OF THE PLACE WHERE THE RELATIONSHIP BEGANTO

AVOID INJUSTICE EXCEPTION IF CONTRA BONO MORESUNIVERSALLY CONSIDERED INCESTUOUS

STATELESSREFUGEES AFFIDAVIT STATING THE CIRCUMSTANCES SHOWING SUCH CAPACITY TO CONTRACT MARRIAGE (ART 21)

FOREIGN MARRIAGES OF FILIPINOS CONSULAR ARRIAGES ARE VALID ART 26 FC ALL MARRIAGES OUTSIDE THE PHIL IN ACCORDANCE WITH THE LAWS IN FORCE IN THE COUNTRY WHERE

THEY WERE SOLEMNIZED AND VALID THERE AS SUCH-VALID IN THE PHILIPPINES EXCEPT NO LEGAL CAPACITY TO GET MARRIED (ART 35 (1) IMMORAL (BIGAMOUSPOLYGAMOUS) (ART 35 (4) CONSENT OF ONE PARTY IS LACKING BECAUSE OF MISTAKE AS TO IDENTITY OF THE OTHER (ART 35 (5) PSYCHOLOGICAL INCAPACITY (ART 36) INCESTUOUS MARRIAGE (ART 37) MARRIAGE IS VOID BY REASON OF PUBLIC POLICY (ART 38)

Marriage between foreigners abroad VALID APPLYING LEX LOCI CELEBRATIONIS PROXY MARRIAGES MARRIAGES ON BOARD A VESSEL ON HIGH SEAS (COUNTRY WHOSE FLAG OF THE SHIP IS FLYING HAS JURISDICTION) MUSLIM MARRIAGES EXCEPTIONS

UNIVERSALLY CONSIDERED INCESTUOUS MARRIAGE BETWEEN ASCENDANTSDESCENDANTS

HIGHLY IMMORAL BIGAMOUSPOLYGAMOUS MARRIAGES IN CHRISTIAN COUNTRIES THAT PROHIBIT SUCH MARRIAGE

Mixed marriages IN ABROAD(filipino and foreigner)

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SAME RULE ON MARRIAGE OF FOREIGNERS GEN RULE VALID-IF VALID UNDER THE LAW OF ONE OF THE SPOUSES AND VOID UNDER THE LAW OF THE OTHER (LEX

LOCI CELEBRATIONIS) UPHOLD THE MARRIAGE EXCEPTIONS

HIGHLY IMMORAL UNIVERSALLY INCESTUOUS

Mixed marriages in the philippines PHILIPPINE LAW (NATIONALITY RULE) OTHERWISE THE PUBLIC POLICY IS VIOLATED APPLICABLE TO BOTH THE EXTRINSIC AND INTRINSIC VALIDITY OF THE MARRIAGE MUST COMPLY THE FORMAL AND ESSENTIAL REQUISITES 2 ASPECTS OF MARRIAGE AS A STATUS PERSONAL RIGHTS AND OBLIGATIONS

PERSONAL TO H AND W ORDINARILY CANNOT BE INTERFERED BY COURT IN THE PHIL GOVERNED BY PHILIPPINE LAW FOLLOWING THE NATIONALITY THEORY (ARTICLE 15 NCC) OTHER COUNTRIES EITHER NATIONALITY DOMICILIARY THEORY FOLOW NATIONAL LAWLAW OF THEIR

DOMICILE PROPERTY RELATIONS

AFFECT PUBLIC INTEREST NEED TO FOLLOW RULES PROVIDE JUDICIAL SANCTIONS FOR NON-COMPLIANCE

SPOUSES ARE OF DIFFERENT NATIONALITIES GEN RULE

PERSONAL RELATIONS ARE GOVERNED BY THE NATIONAL LAW OF THE HUSBAND WIFE MARRYING A FOREIGNER LOSES HER NATIONALITY AND FOLLOWS THAT OF THE HUSBAND HUSBAND IS USUALLY THE HEAD OF FAMILY

IN THE PHILIPPINES (FILIPINA RETAINS PHIL CITIZENSHIP UNLESS RENOUNCED BY HER ACT OR OMISSION PERSONAL RELATIONS ARE GOVERNED BY THE NATIONAL LAW OF THE WIFE or PHILIPPINE LAW (ART 80 FC)

PROTECTINO OF FILIPINO WIFE FROM STRICTNESS OF PERSONAL LAW OF THE ALIEN HUSBAND RIGHT TO SUPPORT CUSTODY OF MINOR CHILDREN AS HEIR OF HUSBAND DIVISION OF PROPERTIES

ACQUIRED DURING THE MARIAGE Rule on acquisition of nationality BOTH SPOUSES WHO HAVE THE SAME NATIONALITY ACQUIRED NEW NATIONALITY THROUGH COMMON ACT

NEW NATIONAL LAW GOVERN THEIR PERSONAL RELATIONS HUSBAND CHANGES HIS NATIONALITY AFTER MARRIAGE

LAW OF LAST COMMON NATIONALITY OF SPOUSES SHALL GOVERN (PROTECTIN OF WIFE) SPOUSES RETAIN DIFFERENT NATIONALITY AFTER MARRIAGE

LAW OF THE HUSBAND AT THE TIME OF MARRIAGE GOVERNS PRIOR KNOWLEDGE OF HUSBANDrsquoS NATIONAL LAW NATIONAL LAW OF HUSBAND MAY EVEN BE MORE FAVORABLE EXCEPTIONS to the rule on acquisition of nationality

IF NATIONAL LAW OF HUSBAND VIOLATES THE PUBLIC POLICY OF FORUM NATIONAL LAW OF WIFE HAPPENS TO BE THE LAW OF THE FORUM INTENDED AS IT IS TO PROTECT THE WIFErsquoS

RIGHTS PERSONAL RIGHTS AND DUTIES OF H AND W OBLIGATION TO LIVE TOGETHER OBSERVE MUTUAL LOVE RESPECT AND FIDELITY AND RENDER MUTUAL HELP AND

SUPPORT (ART 68 FC) FIXING THE FAMILY DOMICILE TOGETHER (ART 69 FC)

COURT SHALL DECIDE IN CASE OF DISAGREEMENT EXEMPTION APPLIES IF TO LIVE ABROAD OTHER VALID amp COMPELLING REASONS WHICH SHOULD NOT BE

INCOMPATIBLE WITH THE SOLIDARITY OF THE FAMILY JOINT SUPPORT OF THE FAMILY (ART 70 FC) (ART 70 FC) JOINT MANAGEMENT OF HOUSEHOLD (ART 71 FC)

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APPLICATION FOR RELIEF IN COURT IN CASE ONE NEGLECTS DUTIES TO CONJUGAL UNIONCOMMITS ACTS WHICH TEND TO BRING DANGER DISHONOR OR INJURY TO THE OTHERFAMILY (ART 72 FC)

EXERCISE OF LEGITIMATE PROFESSION OCCUPATION BUSINESS OR ACTIVITY WITHOUT CONSENT OF THE OTHER (ART 73 FC)

OBJECTION ONLY ON BALID SERIOUS AND MORAL GROUNDS CONFLICT RULES ON PROPERTY RELATIONS GEN RULE SAME WITH PERSONAL RELATIONS OF SPS

PERSONAL LAW OF THE HUSBAND IN THE PHILIPPINES

PROPERTY RELATIONS ARE GOVERNED BY THE PHILIPPINE LAW REGARDLESS OF THE PLACE OF CELEBRATION OF MARRIAGE AND THEIR RESIDENCE

EXCEPT IF THERE IS A MARRIAGE SETTLEMENT APPLIES EVEN IF SPOUSES ARE OF DIFFERENT NATIONALITIES

EXCEPTIONS (1) BOTH SPOUSES ARE ALIENS GEN RULE IN CONFLICT OF LAWS APPLIES (2) EXTRINSIC VALIDITY OF CONTRACTS AFFECTING REAL PROPERTY WHETHER SITUATED IN THE

PHIL OR ABROAD LEX SITUS GOVERNS THE FORMALITIES TO BE OBSERVED FOR THE VALIDITY OF CONTRACT

EFFECT OF MARRIAGE SETTLEMENT (ART 80FC) APPLIES IF BOTH ARE FILIPINOS OR ONLY IS FILIPINO PARTIES TO A MARRIAGE SETTLEMENT MAY LAWFULLY AGREE AS TO A PARTICULAR LAW GOVERNING SUCH

SETTLEMENT UNAFFECTED BY OR REGARDLESS OF THE PLACE OF CELEBRATION OF MARRIAGE AND THEIR RESIDENCE HOWEVER IN THE ABSENCE OF MARRIAGE SETTLEMENT PHILIPPINE LAW GOVERNS EFFECT IN THE PROPERTY RELATIONS CHANGE OF NATIONALITIES APPLIES THE DOCTRINE OF IMMUTABILITY OF MATRIMONIAL REGIME OF SPOUSES

REGARDLESS OF THE CHANGE OF NATIONALITY OF HUSBAND OR WIFE OR BOTH THE ORIGINAL PROPERTY REGIME THAT PREVAILED AT THE START OF THEIR MARRIAGE PREVAILS

HOWEVER THE LAW THAT CREATES AND GOVERNS SAID REGIME MAY CHANGE HOWEVER MARRIAGES SOLEMNIZED BEFORE THE EFFECTIVITY OF NEW LAW ARE STILL GOVERNED BY THE OLD LAW

REASONS FOR MARITAL PEACE IN THE SPOUSESrsquo PROPERTY RELATIONS PROTECTION OF CREDITORS PROTECTION OF SPOUSES FROM EACH OTHER

Foreign judgment GEN RULE

PRIMA FACIE EVIDENCE OF THE JUSTNESS OF THE CLAIM THEREIN ADJUDICATED UNLESS OVERCOME BY PROOF OF WANT OF JURISDICTION WANT OF NOTICE TO THE PARTY COLLUSION FRAUD CLEAR MISTAKE OF LAW OR FACT

FOREIGN MARRIAGE HAS TO BE AUTHENTICATED 2 THINGS MUST BE PROVED TO BE RECOGNIZED

EXISTENCE OF FOREIGN LAW ON MARRIAGE AS A QUESTION OF FACT ALLEGED FOREIGN MARRIAGE BY CONVINCING EVIDENCE

FOREIGN MARRIAGE OR MARRIAGE CERTIFICATE SHOULD BE DULY AUTHENTICATED CERTIFICATIN BY THE OFFICIAL OF THE FOREIGN GOVERNENT COCNERNED UNDER ITS SEAL CERTIFICATION IS AUTHENTICATED BY A PHILIPPINE CONSULAR REPRESENTIVE EFFECT IT MAKES IT A PUBLIC DOCUMENT AND A PRIMA FACIE EVIDENCE OF THE FACTS STATED THEREIN HOW TO PROVE A DOCUMENTWRITING AS PUBLIC OR OFFICIAL RECORD OF FOREIGN COUNTRY

OFFICIAL PUBLICATION or COPY THEREOF ATTESTED BY THE OFFICER HAVING LEGAL CUSRTODY OF THE DOCUMENT WHAT IF RECORD IS NOT KEPT IN THE PHIL RULE 132 SECTIONS 24 AND 25

Page 3 of 30

COPY MUST BE ACCOMPANIED BY A CERTIFICATE ISSUED BY THE PROPER DIPLOMATIC OR CONSULAR OFFICER IN THE PHILIPPINE FOREIGN SERVICE STATIONED IN THE FOREIGN COUNTRY I WHICH THE RECORD IS KEPT and

AUTHENTICATED BY THE SEAL OF HIS OFFICE EFFECT IF FOREIGN DOCUMENT IS NOT AUTHENTICATED MAY NOT BE ADMITTED IN EVIDENCE EXCEPT

THE ADVERSE PARTTY ADMITTED THE AUTHENTICITY OF THE DOCUMENT ADVERSE PARTY DID NOT OBJECT TO ITS ADMISSINO IN EVIDENCE OR OBJECTED NOT ON THE GROUND THAT

IT HAS NOT BEEN AUTHENTICATED AS PROVIDED UNDER SECTIONS 24 AND 25 OF TULE 132 BUT ON SOME OTHER GROUND

EX DIVORCE DECREE HAD NOT BEEN REGISTERED WITH THE LCR Annulment VS declaration of nullity JUDICIAL DECLARATION OF NULLITY REQUIRED BEFORE A PARTY REMARRY IF HIS MARRIAGE IS NULL AND VOID OTHERWISE SECOND MARRIAGE IS VOID AND BIGAMOUS CONFLICT OF RULES ON ANNULMENTDECLARATION OF NULLITY GROUNDS FOR ANNULMENT AND DECLARATION OF NULLITY ARE THE GROUNDS PROVIDED FOR BY LAW ALLEGED TO

HAVE BEEN VIOLATED GEN RULE LEX LOCI CELEBRATIONIS APPLIES

WHY IT IS USUALLY APPLIED TO DETERMINE WHETHER A MARRIAGE IS VALID OR NOTVOIDABLE OR NOTVOID OR NOT

EX FILIPINOS WHO GET MARRIED ABROAD LEX LOCI WILL DETERMINE THE GROUNDS FOR ANNULMENT EXCEPTIONS IN DECLARATION OF NULLITY ARTS 35 (1) (4) (5) (6) 36 37 AND 38

FOR FOREIGNER WHO GET MARRIED ABROAD EXCEPTIONS HIGHLY IMMORALUNIVERSALLY INCESTUOUS

Jurisdiction on annulmentnullity PHILIPPINE COURT

FOR FILIPINOS FOR DOMICILIARIES OF THE PHILIPPINES

EVEN IF THE DEFENDANT IS NON-RESIDENT BECAUSE IT INVOLVE PERSONAL STATUS OF THE PLAINTIFF HENCE JURISDICTION CAN BE ACQUIRED BY PUBLICATION OF SUMMONS

IN APPLICABILITY OF DIVORCE TO FILIPINOS WHO OBTAINED DIVORCE ABROAD BECAUSE FILIPINOS ARE GOVERNED BY PHIL LAW WHEREVER THEY

GO AS TO THEIR STATUS AND CAPACITY (ART 15) TO A MARRIED FILIPINO WHO BECAME NATURALIZED IN ABROAD CASES PILAPIL VS IBAY-SOMERA 174 SCRA 653 VAN DORN VS ROMILLO 139 SCRA 159 REPUBLIC VS IYOY GR 15277 SEPT 21 2005 LLORENTE VS CA AND LLORENTE GR 124371 NOVE 23 2000 REPUBLIC VS ORBECIDO GR 154380 RECOGNITION OF FOREIGN DIVORCE BY FOREIGNERS RULES FOR RECOGNITION ndash AT THE DATE OF FILING OF THE PROCEEDINGS OF DIVORCE

PETITIONER OR RESPONDENT HAD HISHER HABITUAL RESIDENCE IN THE STATE WHERE THE DIVORCE WAS OBTAINED

IF BOTH SPOUSES WERE NATIONALS OF SAID STATE ALTHOUGH THE PETITIONER IS A NATIONAL OF ANOTHER COUNTRY HESHE HAD HISHER RESIDENCE IN THE

PLACE WHERE THE DIVORCE WAS OBTAINED IN THE PHILIPPINES

IF BOTH ARE ALIENS WE RECOGNIZE IF VALID UNDER NATIONAL LAW IN A MIXED MARRIAGE WE RECOGNIZE IF OBTAINED BY THE ALIEN SPOUSE ABROAD

EFFECT OF DIVORCE TO GUILTY FILIPINO SPOUSE IF CUSTODY OF MINOR CHILD IS AWARDED BY FOREIGN COURT TO ALIEN HUSBAND MAY THIS AWARD BE

RECOGNIZED IN THE PHILIPPINES

Page 4 of 30

NO PURSUANT TO ART 213 FC THE FILIPINO MOTHER WOULD STILL BE ENTITLED TO THE CUSTODY OF MINOR CHILD EVEN IF SHE IS THE GUILTY ONE

AGAINST PUBLIC POLICY EXCEPTION IF FOUND UNFIT TO HAVE THE CUSTODY OF THE CHILD

NEGLECT ABANDONMENT DRUG ADDICTION MALTREATMENT OF CHILD INSANITY AND SICK WCOMMUNICABLE DISEASE(PEREZ VS CA 255 SCRA 661)

EFFECT OF DIVORCE OBTAINED BY ALIEN SPOUSE RECOGNIZABLE IN OUR JURISDICTION (ART 26 2ND PARAGRAPH) LEGAL EFFECTS (CUSTODY CARE AND SUPPORT OF CHILDREN MUST STILL BE DETERMINED BY OUR COURTS) Effect of divorce in property relations FIX AND MAKE CERAIN THE PROPERTY RIGHTS AND INTERESTS OF THE PARTIES EXCEPT DISPOSITION OF REAL PROPERTY SITUATED IN THE PHIL WHICH MUST BE IN ACCORDANCE WITH PHILIPPINE

LAWS LEGAL SEPARATIONRELATIVE DIVORCE MARRIAGE IS NOT DISSOLVENOT DEFECTIVE HENCE CANNOT REMARRY GROUNDS ARISE AFTER THE MARRIAGE GROUNDS ARE THOSE GIVEN BY THE NATIONAL LAW OR THE DOMICILIARY LAW OF THE PARTIES CONCERNED

BECAUSE THE QUESTION IS ONE OF STATUS CONFLICT OF RULES ON LEGAL SEPARATION IF PARTIES ARE OF THE SAME NATIONALITY

GROUNDS FOR LEGAL SEPARATION ARE THOSE GIVEN BY THEIR PERSONAL LAW (WHETHER NATIONAL LAW OR THE DOMICILARY LAW)

IF PARTIES ARE OF DIFFERENT NATIONALITIES GROUNDS AVAILABLE UNDER THE PERSONAL LAW OF THE HUSBAND AS WELL AS THOSE AVAILABLE UNDER

THE PERSONAL LAW OF THE WIFE ARE ALL AVAILABLE GROUNDS FOR GRANTING THE LEGAL SEPARATION JURISDICTION IN LS FOR ALIENS

GEN RULE CANNOT ASSUME BY THE FORUM UNLESS THE NATIONAL LAW OF THE PARTIES IS WILLING TO RECOGNIZE ITS JURISDICTION

IN TH PHIL FOREIGNERS MAY FILE EVEN IF THEY DID NOT GET MARRIED IN THE PHIL SO LONG AS THE COURT HAS JURISDICTION OVER BOTH PARTIES AND PROCEDURAL REQUIREMENTS ARE

COMPLIED W PETITIONER MUST HAVE RESIDED IN THE PHIL FOR 6 MONTHS NOT NECESSARY THAT CAUSE FOR LEGAL SEPARATION TAKES PLACE IN THE COUNTRY

GROUNDS FOR LS REPEATED PHYSICAL VIOLENCE OR GROSSLY ABUSIVE CONDUCT AGAINST THE PETITIONER COMMON CHILD OR

CHILD OF PETITIONER PHYSICAL VIOLENCE OR MORAL PRESSURE TO COMPEL THE PETITIONER TO CHANGE RELIGIOUS OR POLITICAL

AFFILIATION ATTEMPT TO CORRUPT OR INDUCE THE PETITIONER A COMMON CHILD OR A CHILD OF THE PETITIONER TO ENGAGE

IN PROSTITUTION OR CONNIVANCE IN SUCH CORRUPTION OR INDUCEMENT FINAL JUDGMENT SENTENCING THE RESPONDENT TO IMPRISONMENT OF MORE THAN 6 YEARS EVEN IF PARDONED DRUG ADDICTINO OR HABITUAL ALCOHOLISM OF THE RESPONDENT CONTRACTING BY THE RESPONDENT OF A SUBSEQUENT BIGAMOUS MARRIAGE WHETHER IN THE PHI OR ABROAD LESBIANISM OR HOMOSEQUALITY OF THE RESPONDENT SEXUAL INFIDELITY OR PERVERSION ATTEMPT BY THE RESONDENT AGAINST THE LIFE OF THE PETITIONER ABANDONMENT OF PETTIIONER BY RESPONDENT WITHOUT JUSTIFIABLE CAUSE FOR MORE THAN ONE YEAR DEFENSES TO LS CONDONATION CONSENT CONNIVANCE BOTH PARTIES ARE IN PARI DELICTO

Page 5 of 30

COLLUSION PRESCRIPTION ndash WITHIN 5 YEARS FROM THE TIME OF OCCURRENCE OF CAUSE Quiz (1) (1)IN 1995 DINGDONG AND ANTONIETTE BOTH FILIPINO WERE MARRIED IN THE PHILIPPINES BUT SEPARATED IN

1997 THEREAFTER DINGDONG WENT TO NEW JERSEY WHERE HE OBTAINED A DIVORCE IN THE SAME YEAR HE THEN MARRIED ANOTHER FILIPINA MARIAN IN NEW JERSEY IN 1998 WHERE THEY HAD 2 CHILDREN MARIA AND MARIO IN 2000 AFTER FAILING TO HEAR FROM DINGDONG ANTONIETTE MARRIED BONG BY WHOM SHE HAD A DAUGHTER KARYLLE IN 2001 DINGDONG VISITED THE PHILIPPINES WHERE HE SUCCUMBED TO HEART ATTACK

A DISCUSS THE EFFECT OF THE DIVORCE OBTAINED BY DINGDONG AND ANTONIETTE IN NEW JERSEY EXPLAIN THE STATUS OF MARRIAGE BETWEEN DINGDONG AND MARIAN EXPLAIN THE STATUS OF MARRIAGE BETWEEN ANTOINETTE AND BONG ANSWER DIVORCE OBTAINED BY DINGDONG IN NEW JERSEY WAS NOT VALID BECAUSE HE AND HIS WIFE WERE BOTH FILIPINO

CITIZENS DIVORCE BETWEEN A FILIPINO COUPLE IS NOT VALID UNDER PHIL LAW EVEN THOUGH THEY ARE LIVING ABROAD

MARRIAGE BETWEEN DINGDONG AND MARIAN IS VOID AB INITIO SINCE THE DIVORCE OBTAINED BY DINGDONG WAS VOID BECAUSE OF HIS SUBSISTING MARRIAGE WITH ANTOINETTE

MARRIAGE BETWEEN ANTOINETTE AND BONG IS ALSO VOID AB INITIO BECASE SHE IS STILL VALIDLY MARRIED TO DINGDONG

(2) FERDIE A 17-YEAR OLD FILIPINO AND A PERMANENT RESIDENT IN THE US MARRIED CYNTHIA A 16-YEAR OLD

AMERICAN IN LAS VEGAS NEVADA THE PARENTS OF BOTH GAVE THEIR CONSENT TO THE MARRIAGE THE MARRIAGE IS VALID IN NEVADA IS IT ALSO VALID IN THE PHILIPPINES REASONS

ANSWER YES VALID (MIXED MARRIAGE) UPHOLD THE MARRIAGE IF VOID IN THE PHIL BUT VALID TO ALIENrsquoS COUNTRY ALTERNATIVE ANSWER NO MARRIAGE IS NOT VALID UNDER THE FC THE LAW REQUIRES THAT THE CONTRACTING PARTIES ARE AT LEAST 18

YEARS OF AGE (3) AILENE AND RYAN WERE MARRIED IN THE CATHOLIC CHURCH OF BOCAUE BULACAN ON JANUARY 5 2008 IN 2010

RYAN WNT TO DUBAI TO WORK THERE AFTER BEING CONVERTED INTO ISLAM RYAN MARRIED LOVELY ON JANUARY 1 2012 WHEN RYAN RETURNED TO THE PHILIPPINES WITH LOVELY AILENE FILED AN ACTION FOR LEGAL SEPARATION ON FEBRUARY 5 2014

DOES AILENE HAS LEGAL GROUNDS TO ASK FOR LEGAL SEPARATION HAS THE ACTION PRESCRIBED

ANSWERS YES THE CONTRACTING OF SUBSEQUENT BIGAMOUS MARRIAGE WHETHER IN THE PHIL OR ABROAD IS A GROUND

FOR LS UNDER THE FC WHETHER THE SECOND MARRIAGE IS VALID OR NOT RYAN HAVING CONVERTED INTO ISLAM IS IMMATERIAL

UNDER ART 57 FC THE AGGRIEVED SPOUSE MUST FILE THE ACTION WITHIN 5 YEARS FROM THE OCCURRENCE OF THE CAUSE THE SUBSEQUENT MARRIAGE OF RYAN COULD NOT HAVE OCCURRED EARLER THAN 2010 THE TIME HE WENT TO DUBAI HENCE AILENE HAS UNTIL 2015 TO BRING THE ACTION UNDER THE FC

(4) DING AND DINA ARE BOTH FILIPINO WHO MET AND GOT MARRIED IN ENGLAND WHILE BOTH WERE WORKING THERE

PROR TO THEIR MARRIAGE THEY ENTERED A MARRIAGE SETTLEMENT WHICH STATES THAT IT WILL BE THE LAW IN FRANCE WHICH WILL GOVERN THEIR PROPERTY RELATIONS AFTER THEIR EMPLOYMENT CONTRACT ENDS THEY DECIDED TO ANNUL THEIR MARRIAGE DINA FILED AN ACTION TO ANNUL HER MARRIAGE TO DING ON THE GROUND OF THE LATTERrsquoS STERILITY A GROUND FOR ANNULMENT OF MARRIAGE IN ENGLAND THE ENGLISH COURT DECREED THE MARRIAGE ANNULLED RETURNING TO THE PHILIPPINES DING ASKED YOU WHETHER OR NOT HE WOULD NOW BE FREE TO MARRY HIS FORMER GIRLFRIEND DING ASKED YOU WHETHER OR NOT HE WOULD NOW BE FREE TO MARRY HIS FORMER GIRLFRIEND WHAT WOULD YOUR LEGAL ADVISE BE

ANSWER

Page 6 of 30

YES DING IS FREE TO MARRY HIS FORMER GIRLFRIEND BECAUSE HIS MARRIAGE WAS VALIDLY ANNULLED IN ENGLAND THE ISSUE OF WHETHER OR NOT A MARRIAGE IS VOIDABLE INCLDG THE GROUNDS ARE GOVERNED BY THE LAW OF THE PLACE OF CELEBRATION OG MARRIAGE HENCE EVEN IF ETERILITY IS NOT A GROUND TO ANNUL MARRIAGE UNDER THE PHIL LAW THE MARRIAGE IS VOIDABLE BECAUSE STERILY IS ONE OF THE GROUNDS TO MAKE THE MARRIAGE VOIDABLE IN ENGLAND THEREFORE THE ANNULMENTB OF MARRIAGE IN ENGLAND IS VALID IN THE PHIL

ALTERNATIVE answer 1 NO DING IS NOT FREE TO MARRY HIS FORMER GIRLFRIEND HIS MARRIAGE TO DINA IF VALID ACCORDING TO THE

FORMS AND SOLEMNITIES OF ENGLAND (BRITISH LAW) IS VALID HERE IN THE PHIL HOWEVER SINCE THEY ARE BOTH FILIPINOS ALTHOUGH LIVING IN ENGLAND DISSOLUTION OF THEIR MARRIAGE IS GOVERNED BY PHIL LAW (ART 15 NCC) WHERE STERILITY IS NOT ONE OF THE GROUNDS FOR ANNULMENT OF MARRIAGE IN THE FC

Presentation 5 MARRIAGE Chapter 3 Void and Voidable Marriages Art 35 The following marriages shall be void from the beginning(1) Those contracted by any party below eighteen years of age even with the consent of parents or guardians (2) (2) Those solemnized by any person not legally authorized to perform marriages unless such marriages were

contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so

(3) (3) Those solemnized without license except those covered the preceding Chapter (4) Those bigamous or polygamous marriages not failing under Article 41 (5) Those contracted through mistake of one

contracting party as to the identity of the other and (6) Those subsequent marriages that are void under Article 53 Art 36 A marriage contracted by any party who at the time of the celebration was psychologically incapacitated to

comply with the essential marital obligations of marriage shall likewise be void even if such incapacity becomes manifest only after its solemnization (As amended by Executive Order 227)

Psychological incapacity NOT A QUESTION OF DEFECTIVE CONSENT BUT A QUESTION OF FULFILMENT OF A VALID CONSENT INABILITY TO ASSUME THE ESSENTIAL OBLIGATIONS OF MARRIAGE MUST BE PRESENT AT THE TIME OF THE MARRIAGE ALTHOUGH IT MANIFEST ONLY AFTER THE MARRIAGE INTERPRETATION IS ON A CASE TO CASE BASIS GUIDED BY EXPERIENCE FINDINGS OF EXPERTS AND RESEARCHERS IN

PSYCHOLOGICAL DISCIPLINES AND BY DECISIONS OF CHURCH TRIBUNALS WHICH ALTHOUGH NOT BINDING ON THE CIVIL COURTS MAY BE GIVEN PERSUASIVE EFFECT SINCE THE PROVISION WAS TAKEN FROM CANON LAW

NOT DISQUALIFIED FROM MARRYING AGAIN MUST EXHIBIT GRAVITY ANTECEDENCE AND INCURABILITY GRAVITY

Subject cannot carry out the normal and ordinary duties of marriage and family shouldered by any average couple existing under ordinary circumstances of life and work

ANTECEDENCE If roots of trouble can be traced to the history of the subject before marriage although its overt

manifestations appear only after the wedding INCURABILITY

Treatments required exceed the ordinary means of the subject or involve time and expense beyond the reach of the subject

WHO CAN FILE THE ACTION TO DECLARE THE MARRIAGE VOID WHAT IS THE STATUS OF CHILDREN CONCEIVED OR BORN BEFORE THE DECREE OF NULITY OF MARRIAGE HOW SHOULD THE PROPERTIES ACQUIRED BY THE PARTIES BE DISPOSED OF AFTER THE MARRIAGE IS NULLIFIED EXISTING JURISPRUDENCE LEOUEL SANTOS vs CA and JULIA ROSARIO BEDIA-SANTOS (GR No 112019 en banc Jan 4m 1995 J Vitug)

ART 36 OF THE FC WAS INTERPRETED BY THE SC FOR THE FIRST TIME JURISPRUDENCE UNDER CANON LAW ON THE SUBJECT PREVAILING AT THE TIME OF THE CODErsquoS ENACTMENT

CANNOT BE DISMISSED AS IMPERTINENT FOR ITS VALUE AS AN AID TO THE INTERPRETATION OF CONSTRUCTINO OF THE CODAL PROVISION

REFUSAL OF SEXUAL COHABITATION CHING MING TSOI vs CA and GINA LA-TSOI

Page 7 of 30

GR No 119190 Jan 16 1997 THE SENSELESS AND PROTRACTED REFUSAL OF ONE OF THE PARTIES OF SEXUAL COOPERATION FOR THE

PROCREATION OF CHILDREN IS EQUIVALENT TO PSYCHOLOGICAL INCAPACITY IN THIS CASE THERE WAS NO SEXUAL CONTACT BETWEEN THE PARTIES SINCE THEIR MARRIAGE ON MAY 22

1988 UP TO MARCH 15 1989 OR FOR ALMOST A YEAR NEGLECT OF DUTY REPUBLIC vs MOLINA (GR 108763) Feb 23 1997 268 SCRA 198 No psychological incapacity on the part of respondent husband but more of a difficulty if not outright refusal or

neglect in the performance of some marital duties and that the evidence merely shows that the parties could not get along with each other

DECISIONS OF CHURCH TRIBUNALS SHOULD BE GIVEN GREAT RESPECT BY THE COURTS BECAUSE THE PROVISION WAS TAKEN FROM CANON LAW

Certain guidelines were set Guidelines (Molina case) ROOT CAUSE OF THE PSYCHOLOGICAL INCAPACITY MUST BE

MEDICALLY OR CLINICALLY IDENTIFIED ALLEGED IN THE COMPLAINT SUFFICIENTLY PROVEN BY EXPERTS AND CLEARLY EXPLAINED IN THE DECISION

INCAPACITY MUST BE SHOWN TO BE MEDICALLY OR CLINICALLY PERMANENT OR INCURABLE AND RELEVANT TO THE ASSUMPTION OF MARRIAGE OBLIGATIONS

ILLNESS MUST BE GRAVE ENOUGH TO BRING ABAOUT THE DISABILITY TO ASSUME THE ESSENTIAL OBLIGATIONS OF MARRIAGE

SUPPORTABANDONMENTPHYSICAL ABUSE MARCOS vs MARCOS GR 136490 OCT 19 2000 343 SCRA 755 PSYCHOLOGICAL INCAPACITY MAY BE ESTABLISHED BY THE TOTALITY OF EVIDENCEACTS PRESENTED NO REQUIREMENT THAT THE RESPONDENT SHOULD BE EXAMINED BY A PHYSICIAN OR A PSYCHOLOGIST AS A

CONDITION SINE QUA NON FOR SUCH DECLARATION NO SHOWING THAT THE HUSBANDrsquoS DEFECT WERE ALREADY PRESENT AT THE INCEPCINO OF THE MARRIAGE OR THAT

THEY WERE INCURABLE CHOA vs CHOA 392 SCRA 64 Root cause of the psychological incapacity and expert opinion therein need no tbe alleged but the root cause must be

sufficiently be proven by experts No Moral Damages BUENAVENTURA vs CA et a GR L-127358 NO MORAL DAMAGES CAN BE AWARDED TO THE SPOUSE EVEN IF THE OTHER SPOUSE IS PSYCHOLOGICALY

INCAPACITATED IF THERE IS NO BASIS THEREOF OTHER THAN THE MERE ACT OF ENTERING INTO A MARRIAGE MUST HAVE SPECIFIC EVIDENCE THAT IT WAS DONE DELIBERATELY AND WITH MALICE BY THE HUSBAND WHO HAD

KNOWLEDGE OF HIS DISABILITY BUT CONCEALED FROM HIS WIFE PSYCHOLOGICAL INCAPACITY SHOULD REFER TO NO LESS THAN A MENTAL (NOT PHYSICAL) INCAPACITY THAT CAUSES

A PARTY TO BE TRULY INCOGNITIVE OF THE BASIC MARITAL COVENANTS THAT CONCOMITANTLY MUST BE ASSUMED AND DISCHARGED BY THE PARTIES TO THE MARRIAGE WHICH AS EXPRESSED BY ART 68 OF FC INCLUDE THEIR MUTUAL OBLIGATIONS TO LIVE TOGETHER OBSERVE MUTUAL LOVE RESPECT AND FIDELITY AND RENDER HELP AND SUPPORT

Art 37 Marriages between the following are incestuous and void from the beginning whether relationship between the parties be legitimate or illegitimate

(1) Between ascendants and descendants of any degree and (2) Between brothers and sisters whether of the full or half blood

Art 38 The following marriages shall be void from the beginning for reasons of public policy(1) Between collateral blood relatives whether legitimate or illegitimate up to the fourth civil degree

(2) Between step-parents and step-children (3) Between parents-in-law and children-in-law (4) Between the adopting parent and the adopted child

(5) Between the surviving spouse of the adopting parent and the adopted child (6) Between the surviving spouse of the adopted child and the adopter (7) Between an adopted child and a legitimate child of the adopter (8) Between

Page 8 of 30

adopted children of the same adopter and (9) Between parties where one with the intention to marry the other killed that other persons spouse or his or her own spouse

WHAT ARE THE RELATIONSHIPS OUTSIDE ARTS 37 AND 38 WHICH ARE NOT IMPEDIMENTS TO MARRIAGE BROTHER-IN-LAW AND SISTER-IN-LAW STEPBROTHER AND STEPSISTER GUARDIAN AND WARD ADOPTED AND ILLEGITIMATE CHILD OF THE ADOPTER ADOPTED SON OF THE HUSBAND AND ADOPTED DAUGHTER OF THE WIFE PARTIES WHO HAVE BEEN CONVICTED OF ADULTERY OR CONCUBINAGE Art 39 The action or defense for the declaration of absolute nullity of a marriage shall not prescribe (As amended by

Executive Order 227 and Republic Act No 8533 The phrase However in case of marriage celebrated before the effectivity of this Code and falling under Article 36 such action or defense shall prescribe in ten years after this Code shall taken effect has been deleted by Republic Act No 8533 [Approved February 23 1998])

Art 40 The absolute nullity of a previous marriage may be invoked for purposes of remarriage on the basis solely of a final judgment declaring such previous marriage void (n)

Art 41 A marriage contracted by any person during subsistence of a previous marriage shall be null and void unless before the celebration of the subsequent marriage the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code an absence of only two years shall be sufficient

For the purpose of contracting the subsequent marriage under the preceding paragraph the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee without prejudice to the effect of reappearance of the absent spouse (83a)

2 KINDS OF BIGAMOUS MARRIAGES HERE VOID BIGAMOUS MARRIAGE

CONTRACTED BY A PERSON DURING THE SUBSISTENCE OF HIS OR HER PREVIOUS MARRIAGE GOOD FAITH IS IMMATERIAL SECOND MARRIAGE IS STIL VOID CRIMINALLY LIABLE FOR BIGAMY

VOIDABLE BIGAMOUS MARRIAGE CONTRACTED BY PERSON WHOSE SPOUSE HAS BEEN ABSEND FOR 4 CONSECUTIVE YEARS (ORDINARY

ABSENCE) OR 2 YEARS (EXTRAORDINARY ABSENCE UNDER ART 391 CC) WELL-FOUNDED BELIEF THAT THE ABSENT SPOUSE WAS ALREADY DEAD JUDICIALLY DECLARED PRESUMTIVELY DEAD IN A SUMMARY PROCEEDING

ABSENT SPOUSE OTHER SPOUSE HAS BEEN MISSING FOR AT LEAST 4 YEARS UNKNOWN WHETHER OR NOT HE OR SHE IS STILL ALIVErsquoPRESENT SPOUSE HAVING A WELL-FOUNDED BELIEF THAT

THE MISSING SPOUSE IS ALREADY DEAD REDUCED TO 2 YEARS IF THE DISAPPEARANCE WAS IN DANGER OF DEATH AS PROVIDED IN ART 391 NCC

MISSING PERSON WAS ON BOARD A VESSEL LOST DURING A VOYAGE OR AN AEROPLANE WHICH IS MISSING MISSING PERSON WAS IN THE ARMED FORCES AND HAD TAKEN PART IN WAR OR MISSING PERSON WAS IN DANGER OF DEATH UNDER OTHER CIRCUMSTANCES

COMPUTATION OF 2 YEAR PERIOD OF ABSENCE IS FROM OCCURRENCE OF THE EVENT FROM WHICH DEATH IS PRESUMED

ldquoIN DANGER OF DEATHrdquo INCLUDES EARTHQUAKE FIRES EXPLOSIONS DANGEROUS EXPEDITIONS LANDSLIDES VOLCANIC ERUPTIONS ETC

Art 42 The subsequent marriage referred to in the preceding Article shall be automatically terminated by the recording of the affidavit of reappearance of the absent spouse unless there is a judgment annulling the previous marriage or declaring it void ab initio

SUBSEQUENT MARRIAGE REFERRED TO IN ART 41 SHALL BE AUTOMATICALLY TERMINATED BY THE RECORDING OF AN AFFIDAVIT OF REAPPEARANCE OF THE ABSENT SPOUSE IN THE OFFICE OF THE LCR OF THE RESIDENCE OF THE PARTIES TO THE SECOND MARRIAGE

AFFIDAVIT OF REAPPEARANCE MAY BE RECORDED BY THE RETURNING SPOUSE OR BY ANY INTERESTED PERSON DUE NOTICE OF THE RECORDING OF THE AFFIDAVIT OF REAPPEARANCE MUST BE SENT TO THE SPOUSES OF THE

SUBSEQUENT MARRIAGEPage 9 of 30

FACT OF REAPPEARANCE MAY HOWEVER BE REFERRED TO THE COURTS IN A PROPER ACTION IT SUCH FACT WAS DISPUTED

A sworn statement of the fact and circumstances of reappearance shall be recorded in the civil registry of the residence of the parties to the subsequent marriage at the instance of any interested person with due notice to the spouses of the subsequent marriage and without prejudice to the fact of reappearance being judicially determined in case such fact is disputed (n)

Art 43 The termination of the subsequent marriage referred to in the preceding Article shall produce the following effects

(1) The children of the subsequent marriage conceived prior to its termination shall be considered legitimate (2) The absolute community of property or the conjugal partnership as the case may be shall be dissolved

and liquidated but if either spouse contracted said marriage in bad faith his or her share of the net profits of the community property or conjugal partnership property shall be forfeited in favor of the common children or if there are none the children of the guilty spouse by a previous marriage or in default of children the innocent spouse

(3) Donations by reason of marriage shall remain valid except that if the donee contracted the marriage in bad faith such donations made to said donee are revoked by operation of law (4) The innocent spouse may revoke the designation of the other spouse who acted in bad faith as beneficiary in any insurance policy even if such designation be stipulated as irrevocable and (5) The spouse who contracted the subsequent marriage in bad faith shall be disqualified to inherit from the innocent spouse by testate and intestate succession (n)

Art 44 If both spouses of the subsequent marriage acted in bad faith said marriage shall be void ab initio and all donations by reason of marriage and testamentary dispositions made by one in favor of the other are revoked by operation of law (n)

Art 45 A marriage may be annulled for any of the following causes existing at the time of the marriage (1) That the party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over

but below twenty-one and the marriage was solemnized without the consent of the parents guardian or person having substitute parental authority over the party in that order unless after attaining the age of twenty-one such party freely cohabited with the other and both lived together as husband and wife

(2) That either party was of unsound mind unless such party after coming to reason freely cohabited with the other as husband and wife (3) That the consent of either party was obtained by fraud unless such party afterwards with full knowledge of the facts constituting the fraud freely cohabited with the other as husband and wife (4) That the consent of either party was obtained by force intimidation or undue influence unless the same having disappeared or ceased such party thereafter freely cohabited with the other as husband and wife

(5) That either party was physically incapable of consummating the marriage with the other and such incapacity continues and appears to be incurable or (6) That either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable

GROUNDS FOR ANNULMENT LACK OF PARENTAL CONSENT 18 BUT BELOW 21 WITHOUT PARENTAL CONSENT TO MARRY A ldquoSPECIFICrdquo PERSON (VOIDABLE) MAY BE RATIFIED IF PARTIES FREELY COHABIT WITH EACH OTHER UPON REACHING 21 MERE TRANSIENT SEXUAL INTERCOURSE IS NOT SUFFICIENT PARENTS WHO DID NOT GIVE CONSENT MAY RATIFY THE MARRIAGE BEFORE THE CHILD REACHES THE PROPER AGE INSANITY CAN BE RATIFIED BY THE SANE PARTYrsquoS COHABITATINO WITH THE OTHER AFTER THE LATTERrsquoS INSANITY HAS BEEN

CURED INTOXICATION WHICH RESULTS IN LACK OF MENTAL CAPACITY TO GIVE CONSENT IS EQUIVALENT TO INSANITY SAME WITH SOMNAMBULISM INSANITY MUST EXIST AT THE TIME OF THE MARRIAGENOT PRIOR OR SUBSEQUENT THERETO BURDEN OF PROOF IS ON THE PARTY WHO ALLEGES THE INSANITY OF THE OTHER (PRESUMPTION OF LAW IS IN

FAVOR OF SANITY) FRAUD NOT ALL KINDS OF FRAUD WILL JUSTIFY ANNULMENT BUT ONLY THOSE ENUMERATED IN ART 46 MARRIAGE MAY BE RATIFIED BY FREE COHABITATINO BETWEEN THE PARTIES AFTER FULL KNOWLEDGE OF THE FRAUD FORCE INTIMIDATION OR UNDUE INFLUENCE IT AY BE EMPLOYED BY THIRD PAERSON WHO DID NOT TAKE PART IN THE CONTRACT DEFINITIONS ARE FOUND IN ARTS 1335 TO 1337 CC

Page 10 of 30

ART 1335 VIOLENCE WHEN IN ORDER TO WREST CONSENT SERIOUS OR IRRESISTIBLE FORCE IS EMPLOYED INTIMIDATION

COMPELLED BY A REASONABLE AND WELL-GROUNDED FEAR OF AN IMMINENT AND GRAVE EVIL UPON HIS PERSONS OR PROPERTY

OR UPON THE PERSON OR PROPERTY OF HIS SPOUSE DESCENDANTS OR ASECENDANTS TO GIVE HIS CONSENT

IMPOTENCY REFERS TO LACK OF POWER TO COPULATE NOT TO MERE STERILITY IMPOTENCY OF ONE PARTY MUST BE PRESENT AT THE TIME OF THE MARRIAGE MUST BE CONTINUOUS AND MUST

APPEAR INCURABLE ONLY THE POTENT SPOUSE CAN FILE THE ACTION FOR ANNULMENT AND HESHE MUST NOT HAVE BEEN AWARE OF

THE OTHERrsquoS IMPOTENCY AT THE TIME OF THE MARRIAGE POTENCY IS PRESUMED AND ONE WHO ALLEGES HAS THE BURDEN OF PROVING HIS ALLEGATION COURT CANNOT HOWEVER ASSUME THAT SHErsquoS IMPOTENT AND ANNUL THE MARRAGE IS SHE RESUSES TO SUBMIT

TO A PHYSICAL EXAMINATINO TO DETERMINE HER POTENCY COURT MUST ORDER FOR A PHYSICAL EXAMINATIN IT DOES NOT INFRINGE HER CONSTITUTIONAL RIGHT AGAINST SELF-INCRIMINATION IF THE GIRL REFUSES TO BE EXAMINED AFTER BEING ORDERED BY THE COURT TO DO SO SHE CAN BE HELD GUILTY OF

CONTEMPT AND ORDERED CONFINED IN JAIL UNTIL SHE COMPLIES WITH THE ORDER HOW MAY VOIDABLE MARRIAGES BE RATIFIED OR CONVALIDATED

BY COHABITATION BY PRESCTIPTION

CERTAIN MARRIAGES WHICH CANNOT BE RATIFIED OR CONVALIDATED BY FREE COHABITATION THOSE VITIATED BY A PRIOR SUBSISTING MARRIAGE SINCE THE CAUSE FOR ANNULMENT OF MARRIAGE

EXISTS AS LONG AS THE ABSENT SPOUSE IS ALIVE THOSE VITIATED BY THE IMPOTENCY OF ONE SPOUSE SINCE THE CAUSE FOR ANNULMENT DOES NOT CEASE

TO EXIST AS LONG AS SUCH IMPOTENCY OF THE SPOUSE REMAINS AND THOSE VITIATED BY THE AFFLICTION OF ONE SPOUSE OF A SEXUALLY-TRANSMISSIBLE DIDEASE FOUND TO BE

SERIOUS AND APPEARS TO BE INCURABLE IE IMPOTENCY SINCE CAUSE FOR ANNULMENT REMAINS AS LONG AS THE SICJ SPOUSE REMAINS SO AFFLICTED

ACTION TO ANNUL A MARRIAGE ON GROUNDS (2) AND (3) PRESCRIBES WITHIN 5 YEARS AFTER THE MARRIAGE

Art 46 Any of the following circumstances shall constitute fraud referred to in Number 3 of the preceding Article(1) Non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude(2) Concealment by the wife of the fact that at the time of the marriage she was pregnant by a man other than her husband

(3) Concealment of sexually transmissible disease regardless of its nature existing at the time of the marriage or (4) Concealment of drug addiction habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage

No other misrepresentation or deceit as to character health rank fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage

Art 47 The action for annulment of marriage must be filed by the following persons and within the periods indicated herein

(1) For causes mentioned in number 1 of Article 45 by the party whose parent or guardian did not give his or her consent within five years after attaining the age of twenty-one or by the parent or guardian or person having legal charge of the minor at any time before such party has reached the age of twenty-one

(2) For causes mentioned in number 2 of Article 45 by the same spouse who had no knowledge of the others insanity or by any relative or guardian or person having legal charge of the insane at any time before the death of either party or by the insane spouse during a lucid interval or after regaining sanity (3) For causes mentioned in number 3 of Article 45 by the injured party within five years after the discovery of the fraud

(4) For causes mentioned in number 4 of Article 45 by the injured party within five years from the time the force intimidation or undue influence disappeared or ceased (5) For causes mentioned in number 5 and 6 of Article 45 by the injured party within five years after the marriage

Page 11 of 30

Art 48 In all cases of annulment or declaration of absolute nullity of marriage the Court shall order the prosecuting attorney or fiscal assigned to it to appear on behalf of the State to take steps to prevent collusion between the parties and to take care that evidence is not fabricated or suppressed

In the cases referred to in the preceding paragraph no judgment shall be based upon a stipulation of facts or confession of judgment

Art 49 During the pendency of the action and in the absence of adequate provisions in a written agreement between the spouses the Court shall provide for the support of the spouses and the custody and support of their common children The Court shall give paramount consideration to the moral and material welfare of said children and their choice of the parent with whom they wish to remain as provided to in Title IX It shall also provide for appropriate visitation rights of the other parent (n)

Art 50 The effects provided for by paragraphs (2) (3) (4) and (5) of Article 43 and by Article 44 shall also apply in the proper cases to marriages which are declared ab initio or annulled by final judgment under Articles 40 and 45

The final judgment in such cases shall provide for the liquidation partition and distribution of the properties of the spouses the custody and support of the common children and the delivery of third presumptive legitimes unless such matters had been adjudicated in previous judicial proceedings

All creditors of the spouses as well as of the absolute community or the conjugal partnership shall be notified of the proceedings for liquidation

In the partition the conjugal dwelling and the lot on which it is situated shall be adjudicated in accordance with the provisions of Articles 102 and 129

Art 51 In said partition the value of the presumptive legitimes of all common children computed as of the date of the final judgment of the trial court shall be delivered in cash property or sound securities unless the parties by mutual agreement judicially approved had already provided for such matters

The children or their guardian or the trustee of their property may ask for the enforcement of the judgment The delivery of the presumptive legitimes herein prescribed shall in no way prejudice the ultimate successional rights

of the children accruing upon the death of either of both of the parents but the value of the properties already received under the decree of annulment or absolute nullity shall be considered as advances on their legitime (n)

Art 52 The judgment of annulment or of absolute nullity of the marriage the partition and distribution of the properties of the spouses and the delivery of the childrens presumptive legitimes shall be recorded in the appropriate civil registry and registries of property otherwise the same shall not affect third persons (n)

Art 53 Either of the former spouses may marry again after compliance with the requirements of the immediately preceding Article otherwise the subsequent marriage shall be null and voidchan robles virtual law library

Art 54 Children conceived or born before the judgment of annulment or absolute nullity of the marriage under Article 36 has become final and executory shall be considered legitimate Children conceived or born of the subsequent marriage under Article 53 shall likewise be legitimate

bull PRESENTATION 6 bull LEGAL SEPARATIONbull (RELATIVE DIVORCE)bull ldquoA MENSA ET THOROrdquobull ARTS 54-73 bull OUTLINE bull BRIEF HISTORYbull SEPARATION IN FACTbull AGREEMENTS TO SEPARATEbull LEGAL SEPARATION bull BRIEF HISTORY OF DIVORCE AND LEGAL SEPARATION bull SPANISH REGIME - SIETA PARTIDASbull MARCH 11 1917 ndash ACT 2710

bull ADULTERY ON THE PART OF WIFE AND CONCUBINAGE ON THE PART OF THE HUSBANDbull PREVIOUS CONVICTION WAS NECESSARY TO PROVE THE AFOREMENTIONED OFFENSES

bull JAPANESE OCCUPATION- EO No 141 (new law on absolute divorce)bull ACT 2710 WAS REVIVEDbull CIVIL CODE OF THE PHILIPPINESbull FAMILY CODE bull FOREIGN DIVORCE

Page 12 of 30

bull OBTAINED BY FILIPINOS ABROAD IS NOT VALIDNOT ALLOWED IN THE PHILbull BASIS ART 15 OF THE CC

bull PHILIPPINE LAW GOVERNS THE STATUS OF FILIPINOS WHEREVER THEY MAY BE AND EVEN IF THEY ARE ABROAD

bull SEPARATION IN FACT bull Art 100 The separation in fact between husband and wife shall not affect the regime of absolute community except

thatbull (1) The spouse who leaves the conjugal home or refuses to live therein without just cause shall not have the right to

be supported bull (2) When the consent of one spouse to any transaction of the other is required by law judicial authorization shall be

obtained in a summary proceeding bull (3) In the absence of sufficient community property the separate property of both spouses shall be solidarily liable for

the support of the family The spouse present shall upon proper petition in a summary proceeding be given judicial authority to administer or encumber any specific separate property of the other spouse and use the fruits or proceeds thereof to satisfy the latters share

bull ART 101 bull Art 101 If a spouse without just cause abandons the other or fails to comply with his or her obligations to the family

the aggrieved spouse may petition the court for receivership for judicial separation of property or for authority to be the sole administrator of the absolute community subject to such precautionary conditions as the court may impose

bull The obligations to the family mentioned in the preceding paragraph refer to marital parental or property relationsbull A spouse is deemed to have abandoned the other when her or she has left the conjugal dwelling without intention of

returning The spouse who has left the conjugal dwelling for a period of three months or has failed within the same period to give any information as to his or her whereabouts shall be prima facie presumed to have no intention of returning to the conjugal dwelling

bull ART 239 bull Art 239 When a husband and wife are separated in fact or one has abandoned the other and one of them seeks

judicial authorization for a transaction where the consent of the other spouse is required by law but such consent is withheld or cannot be obtained a verified petition may be filed in court alleging the foregoing facts

bull The petition shall attach the proposed deed if any embodying the transaction and if none shall describe in detail the said transaction and state the reason why the required consent thereto cannot be secured In any case the final deed duly executed by the parties shall be submitted to and approved by the court

bull VILLANUEVA vs CHIONG GR No 159889 6508 bull WHEN THE PARTIES ARE SEPARATED IN FACT AND WITHOUT THE WIFErsquoS CONSENT AND THE HUSBAND ALIENATES OR

ENCUMBERS CONJUGAL PROPERTY PRIOR TO THE EFFECTIVITY OF THE FAMILY CODE ON AUGUST 3 1988 THE SAME IS NOT VOID BUT MERELY VOIDABLE

bull DISPOSITIONENCUMBER under the FC bull NEITHER PARTY MAY DISPOSE OR ENCUMBER COMMUNITY OR CONJUGAL PROPERTY WITHOUT THE WRITTEN

CONSENT OF THE OTHER SPOUSE OR BY JUDICIAL ORDERbull THE FC GIVES RECOURSE TO THE SPOUSE PRESENT WHEN THE PARTIES ARE SEPARATED IN FACT SUCH SEPARATION

IN FACT NOT AFFECTING THE COMMUNITY OR THE CONJUGAL REGIME bull AGREEMENTS TO SEPARATE bull Contracts are VOID for being contrary to morals and public policybull SEE ART 1 (LAW ON MARRIAGE)bull CASESlawyers who prepare contracts between spouses which permit separation of spouses and dissolution of their

property regimes without judicial approval may be reprimandedbull ALBANO vs GAPUSAN AM No 1022-MJ May 7 1976bull IN RE ATTY RUFILLO BUCANA (AM No 1637 July 6 1976)bull ESPINOSA vs OMANA (AC No 9081 October 12 2011) bull ESPINOSA vs OMANA (AC No 9081 October 12 2011)

bull Atty Julieta Omantildea violated Rule 101 Canon 1 of the Code of Professional Responsibility which provides that [a] lawyer shall not engage in unlawful dishonest immoral or deceitful conduct Omantildea knew fully well that the Kasunduan Ng Paghihiwalay has no legal effect and is against public policy

bull SUSPENSION OF ONE YEAR from the practice of law REVOCATION OF Atty Omantildearsquos notarial commission if still existing and

Page 13 of 30

bull SUSPENSION as a notary public for TWO YEARSbull Judicial separation of property

during the marriage bull MAY BE HAD VOLUNTARILY OR INVOLUNTARILYbull FC REPEALED ARTS 220 AND 221 NCCbull Art 55 A petition for legal separation may be filed on any of the following grounds bull (1) Repeated physical violence or grossly abusive conduct directed against the

bull petitioner bull a common child or bull a child of the petitioner

bull (2) Physical violence or moral pressure to compel the petitioner to change religious or political affiliation bull (3) Attempt of respondent to corrupt or induce the petitioner a common child or a child of the petitioner to engage

in prostitution or connivance in such corruption or inducement bull (4) Final judgment sentencing the respondent to imprisonment of more than six years even if pardoned bull (5) Drug addiction or habitual alcoholism of the respondent

bull If present at he time of marriage and has deprived himher of the capacity to perform the essential obligations of marriage it can amount to psychological incapacity

bull If present at the time of marriage and concealed from the other it also constitutes fraud which is a ground for annulment

bull (6) Lesbianism or homosexuality of the respondent bull If present at the time of wedding it is a ground for petition for declaration of nullity of marriage (psychological

incapacity) or for annulment it concealed from the other spouse bull (7) Contracting by the respondent of a subsequent bigamous marriage whether in the Philippines or abroad bull (8) Sexual infidelity or perversion bull (9) Attempt by the respondent against the life of the petitioner or bull ldquoNo need for criminal conviction for the ground to be invoked bull WHAT IF THE SPOUSE ACTS IN SELF-DEFENSE CATCHING THE OTHER IN THE ACT OF ADULTERYCONCUBINAGE WILL

THERE BE A GROUND FOR LEGAL SEPARATION bull WHAT IF THE ACT IS THE RESULT OF CRIMINAL NEGLIGENCE CAN THERE BE A GROUND FOR LEGAL SEPARATION bull ABANDONMENT bull (10) Abandonment of petitioner by respondent without justifiable cause for more than one year

bull NOT A MERE SEPARATION MUST BE WITH NO INTETION TO RETURN (ART 101 FC)bull MUST BE WITHOUT JUSTIFIABLE CAUSEbull FOR MORE THAN ONE (1) YEAR

bull ART 56 DEFENSES bull CONDONATIONbull CONSENTbull CONNIVANCEbull MUTUAL GUILTbull COLLUSIONbull PRESCRIPTION bull CONDONATION (1) bull (1) Where the aggrieved party has condoned the offense or act complained ofbull EX

bull Sleeping together with unfaithful wife after full knowledge of her infidelity bull Comes after not before the commission of offensebull Each sexual intercourse of wife with another one is a separate act adultery Hence condonation to ne act

does not imply condonation of the other acts (Pp vs Zapata and Bondoc L-3047)bull WILL THERE BE A CONDONATION IF THE WIFE AGREED TO HAVE SEXUAL INTERCOURSE TO SAVE THEIR MARRIAGE

ALTHOUGH SHE KNOWS OF HIS SPOUSErsquoS INFIDELITY bull IS THERE A CONDONATION IF THE HUSBAND DOES NOT ACTIVELY LOOK FOR THE WIFE WHO LEAVES THE CONJUGAL

HOME AFTER HER ADULTEROUS ACTS WERE DISCOVEREDbull DE OCAMPO vs FLORENCIO L-13553 Feb 23 1960 bull CONSENT (2)

Page 14 of 30

bull (2) Where the aggrieved party has consented to the commission of the offense or act complained of bull MAY BE EXPRESS OR IMPLIEDbull PRIOR TO THE ACT IF AFTER THE ACT IT IS CONDONATION

bull EX OF EXPRESS CONSENT bull SPOUSES ENTERED INTO AN AGREEMENT THAT THEY ARE FREE TO LIVE WITH AND HAVE CARNAL KNOWLEDGE WITH

OTHER PERSONS WITHOUT INTERFERENCE FROM EACH SPOUSEbull THIS IS NULL AND VOID CONTRARY TO LAWbull BUT CONSIDERED CONSENT WHICH BARS AN ACTION FOR LEGAL SEPARATIONbull PP vs SCHNECKENBURGER

bull EX OF IMPLIED CONSENT bull PP vs SANSANP and RAMOS 59 Phil 73bull HUSBAND ABANDONED BY THE WIFE WHO LATER LIVED WITH ANOTHER MAN bull HUSBAND TOOK NO ACTION AGAINST THE WIFE BUT EVEN WENT TO HAWAIIbull AFTER 7 YEARS RETURNED AND FILED ADULTERYbull WIFE WAS ACQUITTED AS THE HUSBANDrsquoS CONDUCT WARRANTED THE INFERENCE THAT HE HAD CONSENTED TO

THE PHILANDERING OF HIS WIFE bull CONNIVANCE (3) bull 3) Where there is connivance between the parties in the commission of the offense or act constituting the ground for

legal separation bull EX

bull HUSBAND WHO HIRES A DETECTIVE TO SPY ON HIS WIFE AND TELS THE LATTER TO HAVE SECUAL INTERCOURSE WITH HER IN ORDER TO HAVE EVIDENCE

bull MUST BE DISTINGUISHED FROM ENTRAPMENTbull When the husband tells to his wife that he is going out of town but does not really go away

but goes to their conjugal home at midnight to catch the wife with a lover and later surprises her in an act of adultery

bull MUTUAL GUILT (4) bull (4) Where both parties have given ground for legal separation

bull GUILT MAY BE OF THE SAMESIMILAR GROUNDbull REGARDLESS ON WHO COMMITTED FIRST OR WHO IS MORE GUILTYbull NO OFFENDED SPOUSE EVEN IF ONE HAS BEEN PARDONED BY THE OTHER BUT THE OTHER HAS NOT BEEN

PARDONED bull COLLUSION (5) bull (5) Where there is collusion between the parties to obtain decree of legal separation or bull ART 60 FC LS cannot be decreed on a stipulation of facts or a confession of judgment and the court shall order its

public prosecutor to take steps to prevent collusion and to take care the evidence presented by either or them is not fabricated

bull PRESCRIPTION (6) bull (6) Where the action is barred by prescription

bull EVEN IF NOT ALLEGED COURT CAN TAKE COGNIZANCE FOR PURPOSES OF DISMISSING THE ACTION SINCE IT INVOLVES PUBLIC POLICY

bull Several acts of sexual intercourse bull WHEN WILL PRESCRIPTIVE PERIOD BE COMPUTEDbull De Ocampo vs Florenciano L-13553 Feb 23 1960

bull WHEN WILL PRESCRIPTIVE PERIOD COMMENCE WHEN WIFE HEARD RUMORS OF HUSBANDrsquoS INFIDELITY BUT DID NOT DISCUSS THE MATTER WITH HER HUSBAND

bull ONLY LATER THAT SHE COFRONTED HIM AND HE ADMITTED THE FACTbull CONTRERAS vs MACARAIG 33 SCRA 222 bull PRESCRIPTION in filing bull Art 57 An action for legal separation shall be filed within five years from the time of the occurrence of the cause

(102)bull Cooling-off period bull Art 58 An action for legal separation shall in no case be tried before six months shall have elapsed since the filing of

the petition Page 15 of 30

bull Art 59 No legal separation may be decreed unless the Court has taken steps toward the reconciliation of the spouses and is fully satisfied despite such efforts that reconciliation is highly improbable (n)

bull Art 60 No decree of legal separation shall be based upon a stipulation of facts or a confession of judgmentbull In any case the Court shall order the prosecuting attorney or fiscal assigned to it to take steps to prevent collusion

between the parties and to take care that the evidence is not fabricated or suppressed bull PUBLIC PROSECUTOR bull MUST ALWAYS APPEAR IN THE TRIAL IN REPRESENTATION OF THE STATEbull MAY OPPOSE THE COMPLAINT OR PETITIONbull CROSS-EXAMINE WITNESSES bull EFFECT OF FILING bull Art 61 After the filing of the petition for legal separation the spouses shall be entitled to live separately from each

otherbull The court in the absence of a written agreement between the spouses shall designate either of them or a third

person to administer the absolute community or conjugal partnership property The administrator appointed by the court shall have the same powers and duties as those of a guardian under the Rules of Court

bull Art 62 During the pendency of the action for legal separation the provisions of Article 49 shall likewise apply to the support of the spouses and the custody and support of the common children

bull Art 49 During the pendency of the action and in the absence of adequate provisions in a written agreement between the spouses the Court shall provide for the support of the spouses and the custody and support of their common children The Court shall give paramount consideration to the moral and material welfare of said children and their choice of the parent with whom they wish to remain as provided to in Title IX It shall also provide for appropriate visitation rights of the other parent (n)

bull EFFECT OF DEATH OF PETITIONER DURING THE PENDENCY OF ACTION bull DEATH OF ONE PARTY CAUSES THE DEATH OF THE ACTINO ITSELF AND THE ACTION MUST BE DISMISSEDbull LAPUZ SY vs EUFEMIO 43 SCRA 177 bull Effects of legal separation bull Art 63 The decree of legal separation shall have the following effectsbull (1) The spouses shall be entitled to live separately from each other but the marriage bonds shall not be severed bull (2) The absolute community or the conjugal partnership shall be dissolved and liquidated but the offending spouse

shall have no right to any share of the net profits earned by the absolute community or the conjugal partnership which shall be forfeited in accordance with the provisions of Article 43(2)

bull OBLIGATION OF MUTUAL INFIDELITY REMAINSbull WIFE CAN ESTABLISH A DOMICILE SEPARATE FROM HER HUSBANDbull OFFENDING SPOUSE SHALL HAVE NO RIGHT TO ANY SHARE OF THE NET PROFITS WHICH SHALL BE FORFEITED IN

ACCORDANCE WITH ART 43 (2) IN FAVOR OF THE COMMON CHILDREN OF THE SPOUSES IF ANY OR THE CHILDREN OF THE GUILTY SPOUSE BY PREVIOUS MARRIAGE IF ANY OR THE INNOCENT SPOUSE

bull UNLIKE IN THE CC IN THE FC THE FORFEITURE OF THE SHARE OF THE GUILTY SPOUSE IS WITHOUT EXCEPTIONSbull CUSTODY OF MINOR CHILDREN SHALL BE AWARDED TO THE INNOCENT SPOUSE

OFFENDING SPOUSE IS DISQUALIFIED FROM INHERITING FROM INNOCENT SPOUSE BY INTESTATE SUCCESSIONTHE PROVISIONS IN HIS FAVOR IN THE WILL OF THE LATTER ARE REVOKED BY OPERATION OF LAW

bull (3) The custody of the minor children shall be awarded to the innocent spouse subject to the provisions of Article 213 of this Code and (4) The offending spouse shall be disqualified from inheriting from the innocent spouse by intestate succession Moreover provisions in favor of the offending spouse made in the will of the innocent spouse shall be revoked by operation of law

bullbull DISQUALIFICATION FROM INHERITANCE bull BOTH TESTATE AND INTESTATE SUCCESSIONbull NOT ENTITLED TO LEGITIMEbull EVEN IF THE OFFENDED SPOUSE FORGETS OR FAILS TO REVOKE A WILL IN FAVOR OF THE OFFENDING SPOUSE THE

WILL BECOMES IPSO JURE REVOKED bull HOW WILL YOU CONSIDER THE WILL WHICH WAS EXECUTED ANEW BY THE OFFENDED SPOUSE IN FAVOR OF THE

OFFENDING SPOUSE AFTER THE DECREE OF LEGAL SEPARATION bull WILL THE CONVICTION OF THE WIFE OF ADULTERY DISQUALIFIES HER TO INHERIT FROM THE OFFENDED HUSBAND

bull NO IF THERE IS NO DECREE OF LEGAL SEPARATION BETWEEN THEMPage 16 of 30

bull bull SUPPORT bull RIGHT TO RECEIVE of spouses and children during the pendency of the proceedings

bull From the property of the absolute community or conjugal partnershipbull No right to receive mutual support between spouses after the decree of LSbull COURT MAY HOWEVER ORDER THE GUILTY SPOUSE TO SUPPORT THE INNOCENT ONE SPECIFYING THE TERMS OF

SUCH ORDER IF THE LATTER NEEDS SUCH SUPPORT CONSIDERING THAT THEY ARE STILL MARRIED bull CAN THE WIFE DROP THE NAME OF HER HUSBAND AFTER THE DECREE OF LEGAL SEPARATION bull Revocation of donation bull Art 64 After the finality of the decree of legal separation the innocent spouse may revoke the donations made by

him or by her in favor of the offending spouse as well as the designation of the latter as beneficiary in any insurance policy even if such designation be stipulated as irrevocable

bull Revocation of donation bull The revocation of the donations shall be recorded in the registries of property in the places where the properties are

located Alienations liens and encumbrances registered in good faith before the recording of the complaint for revocation in the registries of property shall be respected The revocation of or change in the designation of the insurance beneficiary shall take effect upon written notification thereof to the insured

bull Revocation of donation bull The action to revoke the donation under this Article must be brought within five years from the time the decree of

legal separation become final bull Donations propter nuptias between spouses bull REVOCATION OF DONATION MADE BY HIM OR HER IN FAVOR OF THE OFFENDING SPOUSE CAN BE DONE WITHIN 5

YEARS AFTER FINALITY OF THE DECREE OF LSbull RECORDING OF REVOCATION SHALL BE IN THE RD OF THE PLACE WHETE THE DONATED PROEPRTY ARE LOCATEDbull NOT AUTOMATICALLY REVOKED AFTER THE DECEE OF LSbull STILL NEED TO FILE AN ACTION TO REVOKE WITHIN THE PRESCRIPTIVE PERIOD BY THE INNOCENT SPOUSEbull ALIENATION LIENS AND ENCUMBRANCES REGISTERED IN GOOD FAITH BEFORE THE RECORDING OF THE COMPLAINT

FOR REVOCATION IN THE RD SHALL BE RESPECTED bull INSURANCE POLICY bull WHERE GUILTY SPOUSE IS THE BENEFICIARY CAN ALSO BE REVOKEDbull RIGHT TO REVOKE EXISTS EVEN IF THE DESIGNATION OF THE GUILTY SPOUSE AS BENEFICIARY IN THE INSURANCE

POLICY IF STIPULATED BE IRREVOCABLEbull REVOCATION SHALL TAKE EFFECT ONLY UPON WRITTEN NOTIFICATION THEREOF TO THE INSUREDbull MAY BE DONE AS LONG AS THE POLICY IF EFFECTIVE bull Art 65 If the spouses should reconcile a corresponding joint manifestation under oath duly signed by them shall be

filed with the court in the same proceeding for legal separation bull Effect of reconciliation bull Art 66 The reconciliation referred to in the preceding Articles shall have the following consequencesbull (1) The legal separation proceedings if still pending shall thereby be terminated at whatever stage and

bull (2) The final decree of legal separation shall be set aside but the separation of property and any forfeiture of the share of the guilty spouse already effected shall subsist unless the spouses agree to revive their former property regime

bull The courts order containing the foregoing shall be recorded in the proper civil registries bull Art 67 The agreement to revive the former property regime referred to in the preceding Article shall be executed

under oath and shall specifybull (1) The properties to be contributed anew to the restored regime bull (2) Those to be retained as separated properties of each spouse and bull (3) The names of all their known creditors their addresses and the amounts owing to eachbull The agreement of revival and the motion for its approval shall be filed with the court in the same proceeding for legal

separation with copies of both furnished to the creditors named therein After due hearing the court shall in its order take measure to protect the interest of creditors and such order shall be recorded in the proper registries of properties

bull The recording of the ordering in the registries of property shall not prejudice any creditor not listed or not notified unless the debtor-spouse has sufficient separate properties to satisfy the creditors claim (195a 108a)

Page 17 of 30

bull Effect of reconciliation bull ON THEIR PERSONAL RELATIONSbull ON THE PROCEEDINGS FOR AND DECREE OF LEGAL SEPARATIONbull ON THE PROPERTY RELATIONS OF THE SPOUSES bull (1) ON PERSONAL RELATIONS bull RECONCILIATION MEANS RESUMPTION OF COHABITATION AND MARITAL RELATIONSbull A BILATERAL ACT REQUIRING THE COMMON CONSENT OF THE SPOUSES EXPRESS OR IMPLIEDbull (2) ON THE PROCEEDINGS FOR AND DECREE OF LS bull IF THE PROCEEDINGS ARE STILL PENDING THEY WILL BE TERMINATED IN WHATEVER STAGEbull IF THERE IS ALREADY A DECREE OF LS IT WILL BE SET ASIDE BY A COURT ORDER AND THE COURT SHALL ISSUE A

DECREE OF RECONCILIATIONbull IT IS UPON THE ISSUANCE OF THE DECREE OF RECONCILIATION THAT THE DECREE OF LS BECOMES INEFFECTIVEbull THE DECREE OF RECONCILIATION SHALL BE RECORD3D IN THE PROPER CIVIL REGISTRIES AND IN THE NSO bull (3) ON THE PROPERTY RELATIONS OF THE SPOUSES bull SEPARATION OF PROPERTY BETWEEN SPOUSES AND ANY FORFEITURE OF THE SHARE OF THE GUILTY SPOUSE SHALL

CONTINUE TO SUBSIST AFTER THE RECONCILIATION UNLESS THE SPOUSES AGREE TO REVIVE THEIR FORMER PROPERTY REGIME

bull CAN THE SPOUSES AGREE TO REVIVE THEIR FORMER PROPERTY REGIME OR ADOPT A NEW REGIME bull AGREEMENT bull PROPERTY THAT THEY ARE CONTRIBUTING ANEW TO THE RESTORED REGIMEbull PROPERTY RETAINED BY EACH SPOUSE AS SEPARATE PROPERTYbull NAMES AND ADDRESS OF ALL KNOWN CREDITORS OF EACH SPOUSE THE AMOUNTS OWING TO EACH AND THE LIENS

HELD BY EACH IF ANY bull SPOUSES SHOULD THEN SUBMIT TO THE COURT THIS AGREEMENT TOGETHER WITH A MOTION ASKING FOR ITS

APPROVALbull THE MOTION SHALL BE SUBMITTED IN THE SAME PROCEEDING FOR LSbull COPIES OF THIS AGREEMENT AND MOTION SHALL BE FURNISHED THE CREDITORS NAMED IN THE AGREEMENT bull ORDERbull AFTER DUE HEARING THE COURT SHALL ISSUE AN ORDER APPROVING THE AGREEMENT BUT IT SHALL TAKE

MEASURES TO PROTECT THE INTERESTS OF THE CREDITORS NAMED THEREINbull RECORDING OF COURT ORDER bull (1) PROPER REGISTRIES OF PROPERTY IN ALL THE PLACES WHERE THE SPOUSES HAVE PROPERTYbull (2) LCR ON THE ORDER SETTING ASIDE THE DECREE OF LS IN THE

bull LCR WHERE THE DECREE OF LS IS RECORDED ANDbull LCR WHERE THE PARTIES RESIDE

bull CREDITORS bull SHALL NOT PREJUDCIE THE CREDITOR NOT LISTED OR NOT NOTIFIED OF THE PROCEEDING UNLESS THE DEBTOR-

SPOUSE HAS SUFFICIENT SEPARATE PROPERTY TOSATISFY THE CLAIMS OF SUCH CREDITORbull REVIVAL OF THE OLD PROPERTY REGIME BETWEEN THE PARTIES IS WITHOUT PREJUDICE TO VESTED RIGHTS ALREADY

ACQUIRED BY CREDITORS PRIOR TO SUCH REVIVALbull IN EFFECT A LEGAL LIEN IS CREATED IN FAVOR OF UNSECURED CREDITORS

bull (1) CONTRACTUAL LIENHOLDERS RETAIN THEIR LIENSbull (2)CREDITORS WITHOUT LIENS ARE GIVEN A LEGAL LIENbull (3) IN CASE OF INSUFFICIENCY OF PROPERTY OF DEBTOR-SPOUSE WITH WHICH TO PAY HIS OR HER

CREDITORS THE FUTURE SHARE OF SAID SPOUSE IN THE COMMUNITY OR CONJUGAL PROPERTY WILL ANSWER FOR HIS PERSONAL OBLIGATIONS

bull IS THERE A PUBLICATION REQUIRED bull NO BECAUSE IT IS TOO EXPENSIVE AND USUALLY MADE IN NEWSPAPERS THAT NOBODY READSbull HOWEVER THE SPECIAL RULE ON LS REQUIRES THE PARTIES TO PUBLISH THEIR VERIFIED MOTION FOR REVIVAL OF

THEIR FORMER PROPERTY REGIME OR THE ADOPTINO OF A NEW ONE FOR 2 CONSECUTIVE WEEKS IN A NEWSPAPER OF GEN CIRCULATION

bull WHEN TO FILE CLAIM FOR CREDITORS NOT NOTIFIED OF THE PROCEEDINGSbull ORDINARY PERIODS OF PRESCRIPTION

bull IS A SUIT FOR LS A PREJUDICIAL QUESTION TO A PROSECUTION OF THE RESPONDENT-SPOUSE FOR BIGAMY Page 18 of 30

bull NO bull A PETITION FOR LS CAN BE TRIED SIMULTANEOUSLY WITH A CRIMINAL ACTION FOR BIGAMY FILED AGAINST THE

GUILTY SPOUSE BECAUSE SAID PETITION IS NOT INTENDED TO OBTAIN THE RIGHT TO LIVE SEPARATELY FROM THE OTHER SPOUSE AND ITS CONSEQUENCES (GANDIONCO vs PENARANDA 155 SCRA 725)

bull WHAT IS THE EFFECT OF THE DEATH OF EITHER PARTY TO THE ACTION FOR LSbull ACTION IS ABATED BY THE DEATH OF EITHER PARTY

bull BEST EVIDENCE TO PROVE THE LS bull REGISTERED DECREE OF LSbull IT SHALL BE ISSUED AFTER THE REGISTRATINO OF THE ENTRY OF ITS DECISION AS WELLA S APPROVED PARTITION AN

DISTRIBUTINO OF PROPERTY OF THE SPOUSES IN PROPER REGISTRIES

Page 19 of 30

HUMAN RELATIONS ARTS 19-36 GUIDING PRINCIPLES IN HUMAN RELATIONS ART 19 ndash Every person must act with justice give everyone his due and observe honesty and good faith ART 20 ndash willful or negligent ILLEGAL ACTS give rise to indemnification ART 21- willful IMMORAL acts also give rise to indemnification ART 22-UNJUST ENRICHMENT must be restrained ART 24-UNFAIR COMPETITION - same ART 25-VIOLATION OF PERSONALITY AND DIGNITY OF OTHERS-same ART 26-UNDUE EXTRAVAGANCE-same ARTS 31 32 33 AND 34 ndash Independent civil cases are allowed Art 19 Every person must in the exercise of his rights and in the performance of his duties act with justice give

everyone his due and observe honesty and good faith Principle of abuse of rights BASIS SUUM JUS SUMMA INJURIA (THE ABUSE OF RIGHT IS THE REATEST POSSIBLE WRONG) ELEMENTS IN ORDER TO BE ACTIONABLE

There is a legal right or duty Which is exercised in bad faith For the sole intent of prejudicing or injuring another

(ALBENSON ENTERPRISES CORP vs CA 217 SCRA 17) Case 1 Abuse of right ALBETZ INVESTMENTS INC vs CA L-32570 IN EXECUTION OF WRIT FOR DEMOLITION

NOTICE TO VACATE SHOULD BE ISSUED WITHIN REASONABLE TIME OTHERWISE LIABLE FOR DAMAGES IF CARRIED OUR IN A MANNER INCONSISTENT WITH JUSTICE AND GOOD FAITH

Case 2 DECISIONS IN ORATORICAL CONTEST etc FELIPE vs LEUTERIO ET AL L-4606 GEN RULE JUDICIARY HAS NO POWER TO REVERSE AN AWARD OF THE BOARD OF JUDGES IN AN ORATORICAL

LITERARY OR BEAUTY CONTEST EVEN IF THE DECISION BE WRONG EXCEPTION RULES OF THE CONTEST HAVE NOT BEEN FOLLOWED Case 3 DECISION OF RELIGIOUS COURTS FONACIER vs CA L-5917 (96 PHIL 417) COURTS CANNOT INQUIRE INTO QUESTIONS OF FAITH AND MORALS AS RESOLVED BY RELIGIOUS TRIBUNALS BUT

MAY PASS UPON PROPERTY RIGHTS AND JURISDICTIONAL MATTERS Facts Case was filed by Iglesia Filipina Independiente (IFI) represented by its supreme bishop Gerardo Bayaca against

Bishop Fonacier seeking to render an accounting of his administration of all the temporal properties and to recover the same on the ground that he ceased to be the supreme bishop of IFI Isabelo De los Reyes Jr had been elected as the Supreme Bishop Petitioner claims that he was not properly removed as Supreme Bishop and his legal successor was Juan Jamias He claims that the there was an accounting of his administration and was turned over to bishop Jamias Also that Isabelo De los Reyes and Bayaca have abandoned their faith and formally joined the Prostestant Episcopal Church of America CFI rendered judgment declaring Isabelo De Los Reyes Jr as the sole and legitimate Supreme Bishop of IFI and ordered Fonacier to render an accounting of his admistration

Issue Whether or not the petitioner should still be regarded as the legitimate supreme bishop of IFI Held Supreme Court affirmed CArsquos decision The legitimate Supreme Bishop of IFI is Isabelo De los Reyes Jr The

Supreme Court affirms the validity of the election of Bishop Delos Reyes as the Supreme Bishop based on their internal laws

To finally dispose of the property issue the Court citing Watson v Jones368 declared that the rule in property controversies within religious congregations strictly independent of any other superior ecclesiastical association

Case 4 A LEASE CONTRACT WAS ENTERED WHERE THE LESSEE CONSTRUCTED A HOUSE ON THE LEASED LAND LESSOR SOLD

THE LAND TO ANOTHER WHO FILED A PETITION FOR CONDEMNATION OF THE HOUSE

Page 20 of 30

DEMOLITION OF THE LESSEErsquoS HOUSE WAS ORDERED TO BE DEMOLISHED BY THE OFFICE OF THE BUILDING OFFICIAL BUT WAS STOPPED ORDER OF CONDEMNATION WAS UPHELD BY THE DPWH WHERE THE HOUSE WAS CONSIDERED TO BE DANGEROUS

SC DECISION THERErsquoS AN ABUSE OF RIGHT (ART 19) ALTHOUGH THERErsquoS AN A CONDEMNATINO ORDER WHICH WAS EVENTUALLY AFFIRMED BY THE DPWH THE ORDER IS

NOT YET FINAL AND EXECUTORY THE HOUSE THEREFORE SHOULD NOT BE DEMOLISHED ACT OF OBTAINING AN ORDER OF DEMOLITION IS NOT CONDEMNABLE BUT IMPLEMENTING IT CAN BE CONTESTED RIGHT OF OWNER HAS LIMITATION MUST GIVE DUE REGARD TO ART 19 LIABILITY OF COMPANY COMPANY IS LIABLE THRU THE ACT OF ITS EMPLOYEES IF THIS WAS MAD EIN THE PURSUIT OF ITS BUSINESS NEGLIGENCE OF EMPLOYEES THE COMPANY IS LIABLE DEFENSE IS DILIGENCE OF GOOD FATHER OF FAMILY BREACH OF PROMISE TO MARRY CANNOT SUE BY REASON OF SUCH CANNOT SUE FOR MROAL DAMAGES UNLESS THERE BE CRIMINAL OR MORAL SEDUCTION CONSENTING ADULT

IF CARNAL KNOWLEDGE WAS DUE TO MUTUAL LUST NO RECOVERY FOR DAMAGES REMEDIES

FILE FOR ACTUAL DAMAGES (EXPENSES FOR WEDDING PREPARATIONS) FILE FOR RECOGNITION OF CHILD PLUS SUPPORT IF THERE BE ONE

Art 20 Every person who contrary to law willfully or negligently causes damage to another shall indemnify the latter for the same

DAMAGE VS INJURY VS DAMAGES INJURY IS THE INVASION OR A LEGAL RIGHT DAMAGE IS THE LOSS HURT OR HARM WHICH RESULTS FROM THAT INJURY DAMAGES ARE THE COMPENSATION AWARDED FOR THE DAMAGE SUFFERED THERE COULD BE DAMAGE WITHOUT INJURY DAMNUM ABSQUE INJURIA

THE LAW AFFORDS NO REMEDY FOR DAMAGES RESULTING FROM AN ACT WHICH DOES NOT AMOUNT TO ALEGAL INJURY OR WRONG

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

ELEMENTS THERE IS AN ACT WHICH IS LEGAL BUT WHICH IS CONTRARY TO MORALS GOD CUSTOM PUBLIC ORDER OR PUBLIC POLICY AND DONE WITH INTENT TO INJURE IMMORAL DISMISSAL OF EMPLOYEE LIRAG TEXTILE MILLS vs CA AND ALCANTARA L-30736 WILLFUL DISMISSAL WITHOUT JUST CAUSE BOTH MORALLY AND LEGALLY LIABLE UNDER ART 21 Art 22 Every person who through an act of performance by another or any other means acquires or comes into

possession of something at the expense of the latter without just or legal ground shall return the same to him ACCION IN REM VERSO JUDICIAL ACTION INSTITUTED BY AN OWNER TO RECOVER SOMETHING UNJUSTLY OR ILLEGALLY POSSESSED BY

ANOTHER SUCH POSSESSION BEING ONE OF UNJUST ENRICHMENT AT ANOTHERrsquoS EXPENSE PRINCIPLE OF EQUITY UNDER ART 22 Art 23 Even when an act or event causing damage to anothers property was not due to the fault or negligence of

the defendant the latter shall be liable for indemnity if through the act or event he was benefited Art 24 In all contractual property or other relations when one of the parties is at a disadvantage on account of his

moral dependence ignorance indigence mental weakness tender age or other handicap the courts must be vigilant for his protection

Page 21 of 30

Art 25 Thoughtless extravagance in expenses for pleasure or display during a period of acute public want or emergency may be stopped by order of the courts at the instance of any government or private charitable institution

MAY A MAYOR SUMMARILY STOP A DISPLAY OF EXTRAVAGANCE BY A SOCIAL ORGANIZATION NO THERE MUST BE AN ORDER OF COURTS PROCURED AT THE INSTANCE OF ANY GOVERNMENT OR PRIVATE CHARITABLE

INSTITUTIONS Art 26 Every person shall respect the dignity personality privacy and peace of mind of his neighbors and other

persons The following and similar acts though they may not constitute a criminal offense shall produce a cause of action for damages prevention and other relief

(1) Prying into the privacy of anothers residence (2) Meddling with or disturbing the private life or family relations of another (3) Intriguing to cause another to be alienated from his friends (4) Vexing or humiliating another on account of his religious beliefs lowly station in life place of birth physical defect or other personal condition

ARE THE DOCUMENTS SECURED FROM YOUR SPOUSErsquoS WITHOUT HIS CONSENT ADMISSIBLE AS EVIDENCE Art 27 Any person suffering material or moral loss because a public servant or employee refuses or neglects

without just cause to perform his official duty may file an action for damages and other relief against he latter without prejudice to any disciplinary administrative action that may be taken

requisites REFUSAL OR NEGLECT TO PERFORM HIS OFFICIAL DUTY NONFEASANCE NOT MISFEASANCE OR MALFEASANCE REFUSAL OR NEGLECT MUST BE WITHOT JUST CAUSE DUTY MUST BE MINISTERIAL NOT DISCRETIONARY PLAINTIFF MUST HAVE SUFFERED SOME MATERIAL OR MORAL LOSS AS A RESULT CASE 1 TORIBIO vs FONTANILLA L-30183 OCT 23 1978 TOWN FIESTA ORGANIZED BY THE MUNICIPAL COUNCIL STAGE COLLAPSES (DEFECTIVELY CONSTRUCTEDOVERLOADED) PINS A PERSON TO DEATH CASE 2 LEDESMA VS CA GR 54598 APRIL 15 1988 PUBLIC SERVANTEMPLOYEE WHO REFUSES OR NEGLECTS WITHOUT JUST CAUSE OF PERFORMING OFFICIAL DUTY

CIVILLY LIABLE FOR DAMAGES ADMINSITRATIVELY LIABLE

ANY PERSON SUFFERING MATERIAL OR MORAL LOSS Art 28 Unfair competition in agricultural commercial or industrial enterprises or in labor through the use of force

intimidation deceit machination or any other unjust oppressive or highhanded method shall give rise to a right of action by the person who thereby suffers damage

Art 29 When the accused in a criminal prosecution is acquitted on the ground that his guilt has not been proved beyond reasonable doubt a civil action for damages for the same act or omission may be instituted Such action requires only a preponderance of evidence Upon motion of the defendant the court may require the plaintiff to file a bond to answer for damages in case the complaint should be found to be malicious

If in a criminal case the judgment of acquittal is based upon reasonable doubt the court shall so declare In the absence of any declaration to that effect it may be inferred from the text of the decision whether or not the acquittal is due to that ground

INDEPENDENT CIVIL ACTION ALLOWED FOR CONSIDERATION OF PUBLIC POLICY PREPONDERANCE OF EVIDENCE RECOVER OF DAMAGES IN THE OTHER EXCLUDE THE OTHER (CANNOT RECOVER TWICE FOR THE SAME ACT CHARGED) IF ACQUITTED FROM CRIMINAL CHARGE MAY STILL BE CIVILLY LIABLE JUDGEMENT OF ACQUITTAL EXTINGUISHES THE CIVIL LIABILITY ONLY WHEN IT INCLUDES A DECLARATION THAT THE

FACTS FROM WHICH THE CIVIL LIABILITY MIGHT ARISE DID NOT EXIST IS AN INDEPENDENT CIVIL ACTION FOR DAMAGES UNDER ART 29 DEEMED BARRED BY COMPLAINANTrsquoS FAILURE TO

MAKE A RESERVATION IN THE CRIMINAL COMPLAINT TO FILE A SEPARATE CIVIL ACTION AND ACTIVE PARTICIPATION IN THE PROSECUTION OF CRIMINAL ACTION

YES JUDGMENT OF ACQUITTAL BARS A SUBSEQUENT ACTION (Roa vs dela Cruz 107 Phil 8)

Page 22 of 30

ART 29 DOES NOT APPLY IF THE DEFENDANT IS ABSOLVED FROM ANY ACT OF NEGLIGENCE RESULTING IN DEFENDANTrsquoS ACQUITTAL IT CARRIES WITH IT THE EXTINCTION OF HIS CIVIL LIABILITIES

IN EFFECT PREVENTS FURTHER RECOVERY OF ANY DAMAGES ie DEFENDANT IS COMPLETELY EXONERATED DOES DEATH OF ACCUSED PENDING APPEAL OF HIS CONVICTION EXTINGUISH HIS CIVIL LIABILITY It depends CIVIL LIABILITY WILL NOT EXTINGUISH IN CASES OF DEFAMATION FRAUD OR PHYSICAL INJURIES CLAIM FOR CIVIL LIABILITY SURVIVES DESPITE DEATH OF ACCUSED CIVIL LIABILITY WILL BE EXTINGUSHED IF THE CIVIL LIABILITY ARISES DIRECTLY FROM AND BASED SOLELY ON THE

OFFENSE COMMITTED OR ON THE ACT COMPLAINED OF (ie RAPE) Instances when law grants an independent civil action ART 31 ART 32 ART 33 ART 34 ART 2177 Art 30 When a separate civil action is brought to demand civil liability arising from a criminal offense and no

criminal proceedings are instituted during the pendency of the civil case a preponderance of evidence shall likewise be sufficient to prove the act complained of

Art 31 When the civil action is based on an obligation not arising from the act or omission complained of as a felony such civil action may proceed independently of the criminal proceedings and regardless of the result of the latter

Is there a necessity of reserving these actions in case a criminal proceeding has already been instituted YES IN CASES PROVIDED UNDER ARTS 32 33 34 AND 2176 SHALL PROCEED INDEPENTDENTLY OF THE CRIMINAL ACTION REQUIRES PREPONDERANCE OF EVIDENCE REQUIREMENT IS MERELY PROCEDURAL NOT SUBSTANTIVE IN CHARACTER EX 1-PHYSICAL INJURIES IF CRIMINAL ACTION IS BROUGHT FIRST THERE MUST STILL BE A RESERVATION OF THE INTENDED CIVIL ACTION IF THE CIVIL ACTION IS BROUGHT FIRST THERE IS NO NEED TO MAKE A RESERVATION FOR A SUBSEQUENT CRIMINAL

ACTION CIVIL AND CRIMINAL ACTIONS WILL PROCEED INDEPENDENTLY Effect if Civil action is reserved IF IN THE RELATED CRIMINAL CASE THE OFFENDED PARTY EXPRESSLY RESERVED THE RIGHT TO FILE A SEPARATE

ACTION FOR CIVIL ACTION IF ACCUSED WAS FOUND GUILTY THERE SHOULD BE NO IMPOSITION OF CIVIL LIABILITY BECAUSE OF THE

RESERVATION MADE PREJUDICIAL QUESTION ONE WHICH MUST BE DECIDED FIRST BEFORE CRIMINAL ACTION MAY BE INSTITUTED OR MAY PROCEED BECAUSE A

DECISION THEREIN IS VITAL TO THE JUDGMENT IN THE CRIMINAL CASE The Civil Action Must Precede the Filing of the

Criminal Action for a Prejudicial Question to Exist On December 1 2000 the 2000 Rules on Criminal Procedure however became effective and the above provision was

amended by Sec 7 of Rule 111 which applies here and now provides SEC 7 Elements of prejudicial questionThe elements of a prejudicial question are (a) the previously instituted civil

action involves an issue similar or intimately related to the issue raised in the subsequent criminal action and (b) the resolution of such issue determines whether or not the criminal action may proceed (Emphasis supplied)

ELEMENTS THE CIVIL CASE INVOLVES FACTS INTIMATELY RELATED TO THOSE UPON WHICH THE CRIMINAL PROSECUTION WOULD

BE BASED IN THE RESOLUTION OF ISSUE RAISED IN THE CIVIL ACTION IT MUST BE DETERMINATIVE OF THE GUILT OR INNOCENSE

OF THE ACCUSED IN THE CRIMINAL CASEPage 23 of 30

JURISDICTION TO TRY SAID QUESTION MUST BE LODGED IN ANOTHER TRUBUNAL The Resolution of the Civil Case Is Not Determinative of the Prosecution of the Criminal Action In any event even if the civil case here was instituted prior to the criminal action there is still no prejudicial question

to speak of that would justify the suspension of the proceedings in the criminal case IF ANY OF THE ELEMENTS IN PREJUDICIAL QUESTION IS ABSENT

CONCUBINAGE vs DECLARATION OF NULLITY OF MARRIAGE Art 32 Any public officer or employee or any private individual who directly or indirectly obstructs defeats

violates or in any manner impedes or impairs any of the following rights and liberties of another person shall be liable to the latter for damages

(1) Freedom of religion (2) Freedom of speech (3) Freedom to write for the press or to maintain a periodical publication (4) Freedom from arbitrary or illegal detention (5) Freedom of suffrage

(6) The right against deprivation of property without due process of law (7) The right to a just compensation when private property is taken for public use (8) The right to the equal protection of the laws (9) The right to be secure in ones person house papers and effects against unreasonable searches and seizures (10) The liberty of abode and of changing the same

(11) The privacy of communication and correspondence (12) The right to become a member of associations or societies for purposes not contrary to law (13) The right to take part in a peaceable assembly to petition the government for redress of grievances (14) The right to be free from involuntary servitude in any form (15) The right of the accused against excessive bail

(16) The right of the accused to be heard by himself and counsel to be informed of the nature and cause of the accusation against him to have a speedy and public trial to meet the witnesses face to face and to have compulsory process to secure the attendance of witness in his behalf

(17) Freedom from being compelled to be a witness against ones self or from being forced to confess guilt or from being induced by a promise of immunity or reward to make such confession except when the person confessing becomes a State witness

(18) Freedom from excessive fines or cruel and unusual punishment unless the same is imposed or inflicted in accordance with a statute which has not been judicially declared unconstitutional and

(19) Freedom of access to the courts In any of the cases referred to in this article whether or not the defendants act or omission constitutes a criminal

offense the aggrieved party has a right to commence an entirely separate and distinct civil action for damages and for other relief Such civil action shall proceed independently of any criminal prosecution (if the latter be instituted) and mat be proved by a preponderance of evidence

The indemnity shall include moral damages Exemplary damages may also be adjudicated The responsibility herein set forth is not demandable from a judge unless his act or omission constitutes a violation

of the Penal Code or other penal statute Art 33 In cases of defamation fraud and physical injuries a civil action for damages entirely separate and distinct

from the criminal action may be brought by the injured party Such civil action shall proceed independently of the criminal prosecution and shall require only a preponderance of evidence

Art 34 When a member of a city or municipal police force refuses or fails to render aid or protection to any person in case of danger to life or property such peace officer shall be primarily liable for damages and the city or municipality shall be subsidiarily responsible therefor The civil action herein recognized shall be independent of any criminal proceedings and a preponderance of evidence shall suffice to support such action

ART 2177 QUASI-DELICT OR CULPA AQUILIANA (NEGLIGENCE) Art 35 When a person claiming to be injured by a criminal offense charges another with the same for which no

independent civil action is granted in this Code or any special law but the justice of the peace finds no reasonable grounds to believe that a crime has been committed or the prosecuting attorney refuses or fails to institute criminal proceedings the complaint may bring a civil action for damages against the alleged offender Such civil action may be supported by a preponderance of evidence Upon the defendants motion the court may require the plaintiff to file a bond to indemnify the defendant in case the complaint should be found to be malicious

If during the pendency of the civil action an information should be presented by the prosecuting attorney the civil action shall be suspended until the termination of the criminal proceedings

Page 24 of 30

Art 36 Pre-judicial questions which must be decided before any criminal prosecution may be instituted or may proceed shall be governed by rules of court which the Supreme Court shall promulgate and which shall not be in conflict with the provisions of this Code

TITLE III - MARRIAGE CHAPTER 1 REQUISITES OF MARRIAGE Article 1 Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life It is the foundation of the family and an inviolable social institution whose nature consequences and incidents are governed by law and not subject to stipulation except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code (52a)Art 2 No marriage shall be valid unless these essential requisites are present

(1) Legal capacity of the contracting parties who must be a male and a female and (2) Consent freely given in the presence of the solemnizing officer (53a)

Art 3 The formal requisites of marriage are(1) Authority of the solemnizing officer (2) A valid marriage license except in the cases provided for in Chapter 2 of this Title and (3) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age (53a 55a)Art 4 The absence of any of the essential or formal requisites shall render the marriage void ab initio except as stated in Article 35 (2)A defect in any of the essential requisites shall not affect the validity of the marriage but the party or parties responsible for the irregularity shall be civilly criminally and administratively liable (n)1113088 2 Kinds of Elements ALegalcapacity (includedinlegalcapacityisthedifferenceinsex) b Consent 2 Formal AuthorityofthesolemnizingOfficer Validmarriagelicense Marriage ceremony EFFECTS IN MARRIAGE ABSENCE OF ANY OF THE ESSENTIALFORMAL REQUISITES- VOIDEXCEPT ART 35 (2) where marriage was contracted with either or both parties believing in GF that the solemnizing officer had the legal authority to do soDEFECT IN ANY OF THE ESSENTIAL-VOIDABLE(Art 45)IRREGULARITY IN THE FORMAL REQUISITES-VALIDBut the party liable shall be held liable C C and A 1113088 3 terms1 Absence 1113088 General Rule The absence of either an essential or formal requisite makes the marriage void 1113088 Exceptionsa Article 35 paragraph 2 (party believes in good faith that the solemnizing officer has authority) Art 35 The following marriages shall be void from the beginning (2) Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so b Marriages exempted from marriage license (Articles 27 28 31 32 33 34) Art 27 In case either or both of the contracting parties are at the point of death the marriage may be solemnized without necessity of a marriage license and shall remain valid even if the ailing party subsequently survives Art 28 If the residence of either party is so located that there is no means of transportation to enable such party to appear personally before the local civil registrar the marriage may be solemnized without necessity of a marriage license (72a)Art 31 A marriage in articulo mortis between passengers or crew members may also be solemnized by a ship captain or by an airplane pilot not only while the ship is at sea or the plane is in flight but also during stopovers at ports of call (74a)

Page 25 of 30

Art 32 A military commander of a unit who is a commissioned officer shall likewise have authority to solemnize marriages in articulo mortis between persons within the zone of military operation whether members of the armed forces or civilians (74a)Art 33 Marriages among Muslims or among members of the ethnic cultural communities may be performed validly without the necessity of marriage license provided they are solemnized in accordance with their customs rites or practices (78a)Art 34 No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years and without any legal impediment to marry each other The contracting parties shall state the foregoing facts in an affidavit before any person authorized by law to administer oaths The solemnizing officer shall also state under oath that he ascertained the qualifications of the contracting parties are found no legal impediment to the marriage (76a) 2 Defect 1113088 Defect occurs in essential requisites alone 1113088 Fairly well-defined since there are many specific articles 1113088 Effect Marriage is voidable 3 Irregularity 1113088 Irregularity refers to formal requisites alone 1113088 No enumeration as to irregularity unlike defect Effects a Valid marriageb Party responsible for irregularity may be held liable (1) Legal capacity of the contracting parties who must be a male and a female 1113088 Difference in sex is explicitly required for the first time It was necessary to make this explicit since some jurisdictions allow same sex marriages Art 5 Any male or female of the age of eighteen years or upwards not under any of the impediments mentioned in Articles 37 and 38 may contract marriage (54a)Art 6 No prescribed form or religious rite for the solemnization of the marriage is required It shall be necessary however for the contracting parties to appear personally before the solemnizing officer and declare in the presence of not less than two witnesses of legal age that they take each other as husband and wife This declaration shall be contained in the marriage certificate which shall be signed by the contracting parties and their witnesses and attested by the solemnizing officerIn case of a marriage in articulo mortis when the party at the point of death is unable to sign the marriage certificate it shall be sufficient for one of the witnesses to the marriage to write the name of said party which fact shall be attested by the solemnizing officer (55a)Art 7 Marriage may be solemnized by(1) Any incumbent member of the judiciary within the courts jurisdiction (2) Any priest rabbi imam or minister of any church or religious sect duly authorized by his church or religious sect and registered with the civil registrar general acting within the limits of the written authority granted by his church or religious sect and provided that at least one of the contracting parties belongs to the solemnizing officers church or religious sect (3) Any ship captain or airplane chief only in the case mentioned in Article 31

(4) Any military commander of a unit to which a chaplain is assigned in the absence of the latter during a military operation likewise only in the cases mentioned in Article 32 (5) Any consul-general consul or vice-consul in the case provided in Article 10 (56a)Article 8 The marriage shall be solemnized publicly in the chambers of the judge or in open court in the church chapel or temple or in the office the consul-general consul or vice-consul as the case may be and not elsewhere except in cases of marriages contracted on the point of death or in remote places in accordance with Article 29 of this Code or where both of the parties request the solemnizing officer in writing in which case the marriage may be solemnized at a house or place designated by them in a sworn statement to that effect (57a)Art 9 A marriage license shall be issued by the local civil registrar of the city or municipality where either contracting party habitually resides except in marriages where no license is required in accordance with Chapter 2 of this Title Art 10 Marriages between Filipino citizens abroad may be solemnized by a consul-general consul or vice-consul of the Republic of the Philippines The issuance of the marriage license and the duties of the local civil registrar and of the solemnizing officer with regard to the celebration of marriage shall be performed by said consular official (75a)Art 11 Where a marriage license is required each of the contracting parties shall file separately a sworn application for such license with the proper local civil registrar which shall specify the following

(1) Full name of the contracting party (2) Place of birth (3) Age and date of birth (4) Civil status

Page 26 of 30

(5) If previously married how when and where the previous marriage was dissolved or annulled (6) Present residence and citizenship (7) Degree of relationship of the contracting parties (8) Full name residence and citizenship of the father (9) Full name residence and citizenship of the mother and (10) Full name residence and citizenship of the guardian or person having charge in case the contracting party has neither father nor mother and is under the age of twenty-one yearsThe applicants their parents or guardians shall not be required to exhibit their residence certificates in any formality in connection with the securing of the marriage license (59a)Art 12 The local civil registrar upon receiving such application shall require the presentation of the original birth certificates or in default thereof the baptismal certificates of the contracting parties or copies of such documents duly attested by the persons having custody of the originals These certificates or certified copies of the documents by this Article need not be sworn to and shall be exempt from the documentary stamp tax The signature and official title of the person issuing the certificate shall be sufficient proof of its authenticityIf either of the contracting parties is unable to produce his birth or baptismal certificate or a certified copy of either because of the destruction or loss of the original or if it is shown by an affidavit of such party or of any other person that such birth or baptismal certificate has not yet been received though the same has been required of the person having custody thereof at least fifteen days prior to the date of the application such party may furnish in lieu thereof his current residence certificate or an instrument drawn up and sworn to before the local civil registrar concerned or any public official authorized to administer oaths Such instrument shall contain the sworn declaration of two witnesses of lawful age setting forth the full name residence and citizenship of such contracting party and of his or her parents if known and the place and date of birth of such party The nearest of kin of the contracting parties shall be preferred as witnesses or in their default persons of good reputation in the province or the localityThe presentation of birth or baptismal certificate shall not be required if the parents of the contracting parties appear personally before the local civil registrar concerned and swear to the correctness of the lawful age of said parties as stated in the application or when the local civil registrar shall by merely looking at the applicants upon their personally appearing before him be convinced that either or both of them have the required age (60a)Art 13 In case either of the contracting parties has been previously married the applicant shall be required to furnish instead of the birth or baptismal certificate required in the last preceding article the death certificate of the deceased spouse or the judicial decree of the absolute divorce or the judicial decree of annulment or declaration of nullity of his or her previous marriageIn case the death certificate cannot be secured the party shall make an affidavit setting forth this circumstance and his or her actual civil status and the name and date of death of the deceased spouse (61a)Art 14 In case either or both of the contracting parties not having been emancipated by a previous marriage are between the ages of eighteen and twenty-one they shall in addition to the requirements of the preceding articles exhibit to the local civil registrar the consent to their marriage of their father mother surviving parent or guardian or persons having legal charge of them in the order mentioned WHAT IS THE EFFECT IF PARENTAL ADVISE WAS NOT SOUGHTREFUSED BUT A MARRIAGE LICENSE WAS SECURED NOTWITHSTANDING THE SAME BEFORE THE LAPSE OF 3 MONTHS FOLLOWING THE COMPLETION OF PUBLICATION OF APPLCIATION FOR MARRIAGE LICENSEEFFECT OF LACK OF CERTIFICATE OF MARRIAGE COUNSELLING-SAME AS LACK OF PARENTAL ADVICEISSUANCE OF MARRIAGE LICENSE IS SUSPENDED FOR 3 MONTHS EFFECT IF MARRIAGE LICENSE WAS ISSUED BUT CERTIFICATE OF LEGAL CAPACITY TO CONTRACT MARRIAGE WAS ISSUED AFTER THE MARRIAGECONTRARY TO ART 21 FCIS IT VOID Such consent shall be manifested in writing by the interested party who personally appears before the proper local civil registrar or in the form of an affidavit made in the presence of two witnesses and attested before any official authorized by law to administer oaths The personal manifestation shall be recorded in both applications for marriage license and the affidavit if one is executed instead shall be attached to said applications (61a)Art 15 Any contracting party between the age of twenty-one and twenty-five shall be obliged to ask their parents or guardian for advice upon the intended marriage If they do not obtain such advice or if it be unfavorable the marriage license shall not be issued till after three months following the completion of the publication of the application therefor A sworn statement by the contracting parties to the effect that such advice has been sought together with the written advice given if any shall be

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attached to the application for marriage license Should the parents or guardian refuse to give any advice this fact shall be stated in the sworn statement (62a)Art 16 In the cases where parental consent or parental advice is needed the party or parties concerned shall in addition to the requirements of the preceding articles attach a certificate issued by a priest imam or minister authorized to solemnize marriage under Article 7 of this Code or a marriage counselor duly accredited by the proper government agency to the effect that the contracting parties have undergone marriage counseling Failure to attach said certificates of marriage counseling shall suspend the issuance of the marriage license for a period of three months from the completion of the publication of the application Issuance of the marriage license within the prohibited period shall subject the issuing officer to administrative sanctions but shall not affect the validity of the marriageShould only one of the contracting parties need parental consent or parental advice the other party must be present at the counseling referred to in the preceding paragraph (n)Art 17 The local civil registrar shall prepare a notice which shall contain the full names and residences of the applicants for a marriage license and other data given in the applications The notice shall be posted for ten consecutive days on a bulletin board outside the office of the local civil registrar located in a conspicuous place within the building and accessible to the general public This notice shall request all persons having knowledge of any impediment to the marriage to advise the local civil registrar thereof The marriage license shall be issued after the completion of the period of publication (63a)Art 18 In case of any impediment known to the local civil registrar or brought to his attention he shall note down the particulars thereof and his findings thereon in the application for marriage license but shall nonetheless issue said license after the completion of the period of publication unless ordered otherwise by a competent court at his own instance or that of any interest party No filing fee shall be charged for the petition nor a corresponding bond required for the issuances of the order (64a)Art 19 The local civil registrar shall require the payment of the fees prescribed by law or regulations before the issuance of the marriage license No other sum shall be collected in the nature of a fee or tax of any kind for the issuance of said license It shall however be issued free of charge to indigent parties that is those who have no visible means of income or whose income is insufficient for their subsistence a fact established by their affidavit or by their oath before the local civil registrar (65a) chan robles virtual law libraryArt 20 The license shall be valid in any part of the Philippines for a period of one hundred twenty days from the date of issue and shall be deemed automatically canceled at the expiration of the said period if the contracting parties have not made use of it The expiry date shall be stamped in bold characters on the face of every license issued (65a)Art 21 When either or both of the contracting parties are citizens of a foreign country it shall be necessary for them before a marriage license can be obtained to submit a certificate of legal capacity to contract marriage issued by their respective diplomatic or consular officialsStateless persons or refugees from other countries shall in lieu of the certificate of legal capacity herein required submit an affidavit stating the circumstances showing such capacity to contract marriage (66a)Art 22 The marriage certificate in which the parties shall declare that they take each other as husband and wife shall also state (1) The full name sex and age of each contracting party (2) Their citizenship religion and habitual residence (3) The date and precise time of the celebration of the marriage (4) That the proper marriage license has been issued according to law except in marriage provided for in Chapter 2 of this Title (5) That either or both of the contracting parties have secured the parental consent in appropriate cases (6) That either or both of the contracting parties have complied with the legal requirement regarding parental advice in appropriate cases and (7) That the parties have entered into marriage settlement if any attaching a copy thereof (67a)Art 23 It shall be the duty of the person solemnizing the marriage to furnish either of the contracting parties the original of the marriage certificate referred to in Article 6 and to send the duplicate and triplicate copies of the certificate not later than fifteen days after the marriage to the local civil registrar of the place where the marriage was solemnized Proper receipts shall be issued by the local civil registrar to the solemnizing officer transmitting copies of the marriage certificate The solemnizing officer shall retain in his file the quadruplicate copy of the marriage certificate the copy of the marriage certificate the original of the marriage license and in proper cases the affidavit of the contracting party regarding the solemnization of the marriage in place other than those mentioned in Article 8 (68a)Art 24 It shall be the duty of the local civil registrar to prepare the documents required by this Title and to administer oaths to all interested parties without any charge in both cases The documents and affidavits filed in connection with applications for marriage licenses shall be exempt from documentary stamp tax (n)

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Art 25 The local civil registrar concerned shall enter all applications for marriage licenses filed with him in a registry book strictly in the order in which the same are received He shall record in said book the names of the applicants the date on which the marriage license was issued and such other data as may be necessary (n)Art 26 All marriages solemnized outside the Philippines in accordance with the laws in force in the country where they were solemnized and valid there as such shall also be valid in this country except those prohibited under Articles 35 (1) (4) (5) and (6) 3637 and 38 (17a)Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry the Filipino spouse shall have capacity to remarry under Philippine law (As amended by Executive Order 227) Chapter 2 Marriages Exempted from License RequirementArt 27 In case either or both of the contracting parties are at the point of death the marriage may be solemnized without necessity of a marriage license and shall remain valid even if the ailing party subsequently survives (72a)LLORENTE vs CA and LLORENTE (GR 124371) NOV 23 2000LLORENTE THEN FILIPINO JOINED THE US NAVY THEN MARRIED PAULA IN THE PHILTHEN HE BECAME A NATURALIZED A US CITIZENON HIS RETURN HE FOUND PAULA PREGNANT AND LIVING WITH HIS OWN BROTHERWHEN HE WENT BACK TO THE US HE DIVORCED PAULA THEN MARRIED ALICIAWHEN HE DIED PAULA CLAIMED TO BE HIS WIDOWN AND HEIR SC RULING LLORENTE WAS NO LONGER A FILIPINO WHEN HE DIVORCED PAULA WHOM HE MARRIED PAULA IN THE PHILNATIONALITY RULE DID NOT APPLY TO HIM ANYMOREREPUBLIC vs ORBECIDO (GR 154380) OCT 5 2005ORBECIDO AND HIS WIFE BOTH FILIPINOS WERE MARRIED IN OZAMIS CITYWIFE LEFT FOR US AND THEIR ONLY SON AND LATER WAS NATURALIZED AS AMERICAN CITIZANTHEN SHE MARRIEGD AGAIN IN CALIFORNIAORBECIDO THEN FILED A PETITION TO REMARRY BUT OSG APPEALED SC RULING TAKING THE LEGISLATIVE INTENT IT SHOULD BE INTERPRETED TO ALLOW A FILIPINO CITIZEN WHO HAS BEEN DIVORCED BY A SPOUSE WHO HAD ACQUIRED FOREIGN CITIZENSHIP AND REMARRIED ALSO TO REMARRY REPUBLIC vs IYOY(GR 152577) SEPT 21 2005FILIPINO WIFE OBTAINED DIVORCE FROM FILIPINO HUSBAND IN THE US THEN ACQUIRED US CITIZENSHIP THEN REMARRIED AN AMERICAN IN THE USSC RULINGCANNOT BE APPLIED TO DIVORCE OBTAINED BY A FILIPINO WIFE FROM HER FILIPINO HUSBAND WHILE SHE WAS STILL A FILIPINO AND THUS GOVERNED BY PHIL LAWS WHICH DONOT RECOGNIZE DIVORCE Art 28 If the residence of either party is so located that there is no means of transportation to enable such party to appear personally before the local civil registrar the marriage may be solemnized without necessity of a marriage license (72a)Art 29 In the cases provided for in the two preceding articles the solemnizing officer shall state in an affidavit executed before the local civil registrar or any other person legally authorized to administer oaths that the marriage was performed in articulo mortis or that the residence of either party specifying the barrio or barangay is so located that there is no means of transportation to enable such party to appear personally before the local civil registrar and that the officer took the necessary steps to ascertain the ages and relationship of the contracting parties and the absence of legal impediment to the marriage (72a)Art 30 The original of the affidavit required in the last preceding article together with the legible copy of the marriage contract shall be sent by the person solemnizing the marriage to the local civil registrar of the municipality where it was performed within the period of thirty days after the performance of the marriage (75a)Art 31 A marriage in articulo mortis between passengers or crew members may also be solemnized by a ship captain or by an airplane pilot not only while the ship is at sea or the plane is in flight but also during stopovers at ports of call (74a)REQUIREMENTS BEFORE SHIP CAPTAIN AND AIRPLANE PILOT OF A UNIT MAY SOLEMNIZE A MARRIAGE MARRIAGE MUST BE IN ARTICULO MORTIS AND

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IT MUST BE SOLEMNIZED WHILE THE SHIP IS AT SEA OR THE PLANCE IS IN FLIGHT OR DURING STOPOVERS AT PORTS OF CALL (ART 31) REQUIREMENTS BEFORE MILITARY COMMANDER OF A UNIT MAY SOLEMNIZE A MARRIAGEARTICULO MORTIS MARRIAGESOLEMNIZED ONLY IN THE ABSENCE OF A CHAPLAINMILITARY COMMANDER MUST BE A COMMISSIONED OFFICER ANDMUST BE SOLEMNIZED WITHIN THE ZONE OF MILITARY OPERATIONS Marriage in articulo mortis Recovered from sickness and died after few yearsNo affidavit of solemnizing officer that it was celebrated in articulo mortisIS THE MARRIAGE VOID Art 32 A military commander of a unit who is a commissioned officer shall likewise have authority to solemnize marriages in articulo mortis between persons within the zone of military operation whether members of the armed forces or civilians (74a)Art 33 Marriages among Muslims or among members of the ethnic cultural communities may be performed validly without the necessity of marriage license provided they are solemnized in accordance with their customs rites or practices (78a)Art 34 No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years and without any legal impediment to marry each other The contracting parties shall state the foregoing facts in an affidavit before any person authorized by law to administer oaths The solemnizing officer shall also state under oath that he ascertained the qualifications of the contracting parties are found no legal impediment to the marriage (76a) Void vs Voidable

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SAME RULE ON MARRIAGE OF FOREIGNERS GEN RULE VALID-IF VALID UNDER THE LAW OF ONE OF THE SPOUSES AND VOID UNDER THE LAW OF THE OTHER (LEX

LOCI CELEBRATIONIS) UPHOLD THE MARRIAGE EXCEPTIONS

HIGHLY IMMORAL UNIVERSALLY INCESTUOUS

Mixed marriages in the philippines PHILIPPINE LAW (NATIONALITY RULE) OTHERWISE THE PUBLIC POLICY IS VIOLATED APPLICABLE TO BOTH THE EXTRINSIC AND INTRINSIC VALIDITY OF THE MARRIAGE MUST COMPLY THE FORMAL AND ESSENTIAL REQUISITES 2 ASPECTS OF MARRIAGE AS A STATUS PERSONAL RIGHTS AND OBLIGATIONS

PERSONAL TO H AND W ORDINARILY CANNOT BE INTERFERED BY COURT IN THE PHIL GOVERNED BY PHILIPPINE LAW FOLLOWING THE NATIONALITY THEORY (ARTICLE 15 NCC) OTHER COUNTRIES EITHER NATIONALITY DOMICILIARY THEORY FOLOW NATIONAL LAWLAW OF THEIR

DOMICILE PROPERTY RELATIONS

AFFECT PUBLIC INTEREST NEED TO FOLLOW RULES PROVIDE JUDICIAL SANCTIONS FOR NON-COMPLIANCE

SPOUSES ARE OF DIFFERENT NATIONALITIES GEN RULE

PERSONAL RELATIONS ARE GOVERNED BY THE NATIONAL LAW OF THE HUSBAND WIFE MARRYING A FOREIGNER LOSES HER NATIONALITY AND FOLLOWS THAT OF THE HUSBAND HUSBAND IS USUALLY THE HEAD OF FAMILY

IN THE PHILIPPINES (FILIPINA RETAINS PHIL CITIZENSHIP UNLESS RENOUNCED BY HER ACT OR OMISSION PERSONAL RELATIONS ARE GOVERNED BY THE NATIONAL LAW OF THE WIFE or PHILIPPINE LAW (ART 80 FC)

PROTECTINO OF FILIPINO WIFE FROM STRICTNESS OF PERSONAL LAW OF THE ALIEN HUSBAND RIGHT TO SUPPORT CUSTODY OF MINOR CHILDREN AS HEIR OF HUSBAND DIVISION OF PROPERTIES

ACQUIRED DURING THE MARIAGE Rule on acquisition of nationality BOTH SPOUSES WHO HAVE THE SAME NATIONALITY ACQUIRED NEW NATIONALITY THROUGH COMMON ACT

NEW NATIONAL LAW GOVERN THEIR PERSONAL RELATIONS HUSBAND CHANGES HIS NATIONALITY AFTER MARRIAGE

LAW OF LAST COMMON NATIONALITY OF SPOUSES SHALL GOVERN (PROTECTIN OF WIFE) SPOUSES RETAIN DIFFERENT NATIONALITY AFTER MARRIAGE

LAW OF THE HUSBAND AT THE TIME OF MARRIAGE GOVERNS PRIOR KNOWLEDGE OF HUSBANDrsquoS NATIONAL LAW NATIONAL LAW OF HUSBAND MAY EVEN BE MORE FAVORABLE EXCEPTIONS to the rule on acquisition of nationality

IF NATIONAL LAW OF HUSBAND VIOLATES THE PUBLIC POLICY OF FORUM NATIONAL LAW OF WIFE HAPPENS TO BE THE LAW OF THE FORUM INTENDED AS IT IS TO PROTECT THE WIFErsquoS

RIGHTS PERSONAL RIGHTS AND DUTIES OF H AND W OBLIGATION TO LIVE TOGETHER OBSERVE MUTUAL LOVE RESPECT AND FIDELITY AND RENDER MUTUAL HELP AND

SUPPORT (ART 68 FC) FIXING THE FAMILY DOMICILE TOGETHER (ART 69 FC)

COURT SHALL DECIDE IN CASE OF DISAGREEMENT EXEMPTION APPLIES IF TO LIVE ABROAD OTHER VALID amp COMPELLING REASONS WHICH SHOULD NOT BE

INCOMPATIBLE WITH THE SOLIDARITY OF THE FAMILY JOINT SUPPORT OF THE FAMILY (ART 70 FC) (ART 70 FC) JOINT MANAGEMENT OF HOUSEHOLD (ART 71 FC)

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bull NO IF THERE IS NO DECREE OF LEGAL SEPARATION BETWEEN THEM of 30


















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bull IS A SUIT FOR LS A PREJUDICIAL QUESTION TO A PROSECUTION OF THE RESPONDENT-SPOUSE FOR BIGAMY of 30






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Marriage Reviewer

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Transcript of Marriage Reviewer