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Persons and Family Relations Finals reviewer
Art. 1 Marriage
Marriage is special contract of a 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
institutionwhose nature conse!uence and incidents are
governed by law and not subject to stipulation e"ceptthat marriage settlement may fi" the property relations
during the marriage within the limits provided for by this
code
It is protected by the constitution
It is permanent uniono #nless if it is void for lac$ing of any of
the essential or formal re!uisites% or
voidable if there are defects thereto and
subject to the provisions under art. &' of
the F(
It is a contract but not an ordinary contract
It affects the status of the person
Art. ) *ssential re!uisites
+, marriage shall be valid unless these essentialre!uisites are present%
1. legal capacity of the contracting parties who
must be male or female
). (onsent freely given in the presence of the
solemni-ing officer
It is not the physical presence of the solemni-ingofficer that is being contemplated by the code
but the presence of the authority of the
solemni-ing officer to conduct marriage
ceremonies
Legal capacity pertains to the capacity of the
person to contract marriage. his involves his
age /10 and above whether there is any legal
impediments e"isting preventing any of the
parties to contract a valid marriage renders a
person lac$ing of such legal capacity.
Consentpertains to that freely given by the party
entering into the marriage. herefore if the
person is being forced by his mother or father
into entering a marriage he still gives his
consent thereto i
Art. 2 Formal Re!uisites
he formal re!uisites of marriage are31. Authority of the 4olemni-ing officer
). A valid marriage license e"cept in cases
provided for in (hapter ) of this title
2. A marriage (eremony which ta$es place with
the appearance of the contracting parties before
the solemni-ing officer and their personal
declaration that they ta$e each other as husband
and wife in the presence of at least ) witnesses of
legal age.
LEGAL Authority of the solemnizingofficer is
the important ingredient and not his mere
presence and conduct of the marital rites.
he authority is presumed in the absence of any
showing to the contrary herefore the person
alleging the lac$ of authority must prove thesame.
Mista$e of fact and not of law is one defense
which a person whose marriage had been
solemni-ed by a person who had no authority to
perform marriage in order for him5her to become
a person in good faith.
Marriage license is re!uired and cannot be dealt
without when it comes to marriage. +, marriage
can ever be valid without a marriage license.
6owever with certain e"ceptions provided initle ) of the F(.
he solemni-ing officer does not have to go
beyond the face of the marriage license. houghthe solemni-ing officer must ascertain the
validity of such marriage license and if it were
issued by a competent official./it is the duty of
such official7(ivil Registrar7to ascertain if
the parties have fully fulfilled all the
re!uirements for the issuance of a marriagelicense not the solemni-ing officer
6,8*9*R% in case of articulo mortis remote
places couples cohabiting uninteruptedly for
more than ' years the 4olemni-ing officer must
ascertain the age relationship and !ualifications
of the parties.
he absence of the witnesses does not render the
marriage void nor voidable. It is only an
irregularity.
he :I do; may be e"pressed in varied ways but
the intent must be certain.
Art & Absence
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R*?#I4I*4 /only renders the marriage
voidable /besides grounds for annulment are
strict and e"clusive.
Absence of the witnesses is a mere irregularity
itle II is an e"ception to he >icense rule
Art. ' AgeAny male or female of the age of 10 years or upwards not
under any of the impediments mentioned in 2@ and 20
may contract marriage
Art marriage ceremony
+, prescribed marriage ceremony.
As long as the parties personally appears before
the A#6,RIB*< solemni-ing officer. Its all
goodC
he declaration of their union /a$a marriage
must be contained in the Marriage (ertificate
signed by both parties the solemni-ing officer
the witnesses.
Art. @ who may solemni-e Marriages /I>* II herein
discussed
1. Any incumbent members of the judiciary withinthe courtDs jurisdiction
Must be within the jurisdiction of the court. A
judge cannot solemni-e marriages outside the
jurisdiction of the court he is assigned to even
those solemni-ed at his home.
). Any priest Rabbi imam or minister of any
church or religious sect duly authori-ed by his
church or religious sect and registered with thecivil registrar general acting within the limits ofthe written authority granted him by his church
or religious sect and provided that at least 1 of
the contracting parties belongs to the
solemni-ing officerDs church or religious sect
Person must prove that he belongs to the said
sect or religion.
2. Any ship or airplane chief only in the cases
mentioned in art 21
Must be done in Articulo Mortis
Re!uisites3
he marriage must be in articulo mortis
Must be between passangers or crew
4hip must be at sea and plane must be
on air
&. Any military commander of a unit to which a
chaplain is assigned in the absence of the latter
during military operation li$ewise only in cases
mentioned in Ar. 2)
6e must be a military commander of a unit
6e is a commissioned officer
A chaplain is assigned thereto but was absent
Any of the parties is in articulo mortis
(ontracting parties may either be members or
the armed force or civilians within the -one of
military operation
'. Any (onsulEgeneral consul or vice consul in
the case provided in art 1
his is when the parties Filipinos marries
outside of the country but wants the marriage beconducted under Philippine laws.
,ther duties of (onsular officials officiating the
marriage%
o Issuance of the marriage license
o ocal government
(ode (hap. 2 art. 1 sec. &&&H"viii
hey are now empowered to solemni-e
marriages within their jurisdiction
In his absence vice mayor may conduct
marriages
*J(*PI,+ , MARRIAK* >I(*+4*3
Muslims other members of the enthic cultural
communities
Articulo mortis /)@ 2 21
Remote areas5 no means of transportation /art)0
Man and woman e"clusively living together as
husband and wife for at least ' years without any
legal impediments
o his will only after the legal
impediment cease to e"ist. /art 2&
Art 0 9enueArt. L Marriage license% duty of the registrar
Ministerial% he shall not any impediments butcannot withheld the issuance of a marriage
license
Art 1 4olemni-ed by consular officials abroad
Art 11 Marriage license contents
Art 1) Re!uirements for the issuance of the Marriage
license
,riginal birth certificate in the absence thereof
=aptismal certificate in the absence thereof
(opies of such documents attested by persons incustody thereof%
If loss or destroyed% 1' days prior to the day ofapplication
o Residence cert
o Instrument drawn up or sworn to before
the local civil reg or notary pub. 8ith )
witnesses
If parents are present no need for the birth or
baptismal certificate
(ivil registrar is convince by their appearance
that they are of legal age to contract marriage
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Art. 12 any of the parties is previously married
I44#*6* MARRIAK* >I(*+4* nonetheless
he duty of the (ivil registrar is merely
MI+I4*RIA>. hey do not have the discretion
of not releasing the marriage license.
P*RI,< ,F 9A>I.% 1 days
within the Phil erritory.
Art. )1 (iti-ens of Foreign (ountry
Re!uirements for citi-ens of foreign country to
ac!uire a marriage license%
o (ertificate of legal capacity to contract
marriages issued by their respective
diplomatic or consular office
4tateless Persons
o 4ubmit an affidavit stating the
circumstances showing such capacity to
contract
AN* +,*O Remember art. 1' of the civil
code
>aws relating to family rights and duties or to
the status condition and legal capacity of
persons are binding upon citi-ens of the
Philippines /also to citi-ens of another country..
for e"ample if in America 1 is the legal
capacity to contract marriage then the
Philippines follows it.
Art )1 Marriage certificate
=est evidence of marriage
Proof or attac$ to the validity of marriage M#4
=* 4R,+K
Art. )&E)' aws in another country regarding marriages is
also binding in this country e"cept those
prohibited in art 2' /1&' 2 2@ snd 20
hus if marriage solemni-ed outside of the
Philippines and such marriage was null and void
in the place where it was solemni-ed it shall also
be null and void in the phil.
+,*3 that art 1@ with regards to forms and
solemnities shall be governed by the laws of thecountry in which they are e"ecuted
*"ample3 8hen the country where the marriage
was celebrated re!uired as part of their essential
re!uisite of marriage that the woman be given a
dowry of 1 and was not given by the
man and was rendered void even if they are
Filipinos their marriage which was rendered
void in that country shall also be void in RP.
IPI+,
o If the foreigner is the one who filed the
divorce and such divorce either
(apacitates him to remarry the
Filipino spouse shall also becapacitated to remarry
If does not capacitates him to
remarry Filipino spouse
cannot remarry
o 8hen Filipino spouse is the one who
filed for a decree of divorce
If the spouse was still a
Filipino when the decree was
promulgated it will not bindhim5her
If the spouse had been
+A#RA>IB*< before the
divorce was granted it shall
bind him5her
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o 8hen both spouses were Filipinos when
the marriage was solemni-ed and later
on one of them decided to go abroad
and had herself solemni-ed and
divorced the her Filipino spouse the
R*(N,+I+K P,I+ is theirciti-enship at the time the valid divorce
is obtained abroad by the
+A#RA>IB*< spouse.
6*R*F,R* the 4pouse left in the
P6 will in effect be capacitated to
contract marriage thatDs if the divorce
obtained in the foreign country give the
divorcee the capacity to remarry. /R*Pvs ,=R*(I>A*RA>>G
Art 2'
1. below 10). solemni-ing officer without authority 8ith the
e"ception of K,,< FAI6 that the solemni-ingofficer had the authority to do so /punishing the
person causing the irregularity civilly criminally
and administratively
2. absence of a MARRIAK* >I(*+4* e"ceptthose mentioned in chapter )
&. =igamous or polygamous marriage e"cept a
valid bigamous marriage /where present spouse
ac!uired a declaration of presumptive death of
the absentee
'. Mista$e of Identity of the other
. 4ubse!uent marriage void under art '2 /withoutcomplying with art 'E'1
@. Incestuousa. =etween ascendants and descendants
b. =etween brothers and sisters
0. =y reason of Public Policy between%
a. step parents andd step children
b. Adopting parents and adopted child
c. 4urviving spouse of the adopting parent
and the adopted childd. 4urviving spouse of the adopted child
and the adopter /art 2@
e. Adopted child and the legitimate childof the adopter
f. one with the intention to marry the
other $illed the otherDs spouse or his or
her spouse /art20
Art. 2 P4G(6,>,KI(A> I+(APA(IG
(ase to case basis% each case should be treated
independently according to its own facts /te vs
te
I46*I( vs (A M,>I+A
o 8ife and husband cannot agree
o he court ruled that the marriage
subsists and remains valid for mereirreconcilable differences and
conflicting personalities between theparties is not psychological incapacity
o # K#II+*43
1. Plaintiff has burden of proof
). root cause of the psychological
incapacity must bea. medically or clinically
identified
b. alleged in the complainti. sufficiently proven by
e"perts
ii. clearly e"plained in
the decision
2. incapacity proven to be e"isting at the
time of the celebration of marriage
&. incapacity must be permanent or
incurable
'. illness is grave enough to bring about
the disability to assume essential maritalobligation
. Marital obligations which cannot be be
complied with
a. Art 0E@1 obligations of
husband and wife to one
another
b. Art. )) ))1 and ))'
obligation as to parentalauthority
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@. interpretation of the national appellate
Matrimonial ribunal of the catholic
church of the Philippines while not
controlling should be given great
respect
0. trial court must order the prosecutor or
fiscal or 4ol Ken to appear for the state
MA>>I,+ vs A>(A+ARA
o Final judgment denying a petition for
nullity on the ground of psychological
incapacity =AR4 the subse!uent
petition for declaration of nullit on the
ground of lac$ of marriage license
Art. & action for the declaration of absolute nullity doesnot prescribe.
AM LE11E1 only the 6#4=A+< or 8IF*
can file for and action for the declaration of
absolute nullity
o he ruling in ninal vs bayadong does
not apply anymoreC dope.
(an be attac$ed (,>>A*RA>>G
Absolute nullity may be invo$ed for the purpose
of remarriage.
Art. &1 9A>I< 4#=4*?#*+ MARRIAK*
Keneral rule3 9,I4, when the party marrying subse!uently did
not comply with the re!uirement of art '2/li!uidation
*"ception3
1. with a judicial declaration of nullity of previous
9,I< MARRIAK*
). with judicial declaration of PR*4#MPI9*>G
terminated upon recording of an AFFIi!uidated
o =# in case where both spouse were in
=A< FAI6 his5 her share shall be
forfeited in favor of the
(ommon children
(hildren of the guilty spouse
of the PR9I,#4 MARRIAK*
he R*#R+I+K 4P,#4*/innocent spouse
o After the declaration of presumptive
death the properties of the previous
marriage M#4 =* >I?#II)#+ 2%#+B)D
%hen the ownership was 3+T+.
)* before the marriage, the property
shall be exclusive, but sub$ect to the
reimbursement to the con$ugal
property.
)* after marriage, then the property will
be con$ugal sub$ect to the
reimbursement to the owner upon
li7uidation.
Art. 11". %henever an amount or credit
payable within a period of time belongs
to one of the spouses, the sums which
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may be collected during the marriage in
partial payments or by installments on
the principal shall be the exclusive
property of the spouse. Bowever,
interests falling due during the
A to the )#-)A0 on installmentdebt, it shall be exclusive
As to the )#T++T on the principal, it
shall be con$ugal.
)* TB+ )#-)A0 +@T %A
+-A)TA0)F+, then the property will
remain +:-06)3+ because Gas long as
the source is exclusive, it will remain as
suchH (see exclusive properties!
)f the )#T++T 2# TB+ )#-)A0 %A
+-A)TA0)F+
And the debt became due @+*2+ TB+
>A)A/+, it will remain exclusive
)f it became due A*T+ TB+ >A)A/+
)t is con$ugal
I&now of the source
Art. 1. The ownership of
improvements, whether for utility or
adornment, made on the separate
property of the spouses at the
expense of the partnership or
through the acts or efforts of
either or both spouses shall pertain
to the conjugal partnership,or to
the original owner5spouse, sub$ect to
the following rules;
%hen the cost of the improvement
made by the con$ugal partnership and
any resulting increase in value are
more than the value of the property at
the time of the improvement, the entire
property of one of the spouses shall
belong to the con$ugal partnership,
sub$ect to reimbursement of the value
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of the property of the owner5spouse at
the time of the improvement)0A)T)+
-BA/+
62# A#
2@0)/AT)2#
Art. "4. The absolute community of property shall be liable for;
(1! The supportof the spouses, their common children, and legitimate children
of either spouse< however, the support of illegitimate children shall be governed
by the provisions of this -ode on upport)#)TA
T)2#
And
+#K2>+#T
shall prevail, sub$ect to recourse to the court by the wife for proper remedy,
which must be availed of within five years from the date of the contract
implementing such decision.
)n the event that one spouse is incapacitated or otherwise unable to participate in
the administration of the common properties, the other spouse may assume sole
powers of administration. These powers do not include disposition or
encumbrance without authority of the court or the written consent of the otherspouse. )n the absence of such authority or consent, the disposition or
encumbrance shall be void. Bowever, the transaction shall be construed as a
continuing offer on the part of the consenting spouse and the third person, and
may be perfected as a binding contract upon the acceptance by the other spouse
or authoriNation by the court before the offer is withdrawn by either or both
offerors. (CPG art 135)
A-T2 2* A>)#)TAT)2#; spouses -A# decide that only one spouse may
administer the property< #2 -2#+#T #+++ from the other spouse
@6T in case where the property being administered by that spouse was been
sub$ect to A0)+#AT)2#L+#-6>@+A#-+LATTA-B+L20 it is no longer an actof administration but A-T 2* 2%#+B)
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4IMI>ARIG
#I,
+
Art. "". The absolute community terminates;
(1! 6pon the death of either spouse+#T 2* A- 2 -/ +@T
>6T *)T A 26T the A- or / property if insufficient, spouses solidarily
liable with the separate property
*2 -/, must first reimburse the spouse for separate property which became
con$ugal due to the increase in value of the property as a result of theimprovements made thereon with the use of the con$ugal property (1!.
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4*PARAI,+ ,F PR,P*RG
AR. 12& 4eparate property
86*+ A(*S
o At the precise (*>*=RAI,+ ,F
MARRIAK* if 4eparation of propertywas *JPR*44>G AR*< in the
M4o =G # ,R
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*ach shall own dispose of posses administer
and enjoy his or her own 4*PARA*
PR,P*RG
he consent of the other spouse is +,
+*(*44ARG
Art. 1& >I=I>II*4
=oth shall bear the family e"penses inPR,P,RI,+ to their I+(,M* or in case of
insufficiency or default to the (#RR*+
MARN* 9A>#* of their separate property
As to (R*I
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AR 1&@ AR 1&0
APP>I(A=I>I
G he following must concur
parties who are (APA(IA*< ,
MARRG each other /psychologicalincapacity absence of license absence
of authority of 4olemni-ing officermarriage ceremony minors *KA> MARRIAK*
8I6 A+,6*R P*R4,+
>I9*4 *J(>#4I9*>G with each
other as husband and wife
85o the benefit of marriage
(,6A=IAI,+ +, falling under 1&@1. Parties ARI*4 A+G ,8+*G
=G ,8+
F#+#4I9* F#+I9I+K,K*6*R
PR*4#MPI,+%
o ,btained by their ,I+
*FF,R 8,RN
I+
+either party may encumber such
property 8I6,# 6* (,+4*+
,F 6* ,6*R
+, PR*4#MPI,+
o If there is evidence however that it
was jointly ac!uired =# +,+*
as to the *J*+ ,F(,+RI=#I,+ presumption
shall be for the *?#A>
(,+RI=#I,+
F,RF*I#R* 1 party to a 9,I< marriage /not
dis!ualified by legal impediments
mentioned in 1&0o (ommon children
o egitimate marriage
o If the party who acted in bad faith
is +, 9A>IG MARRI*< to
anyone his5her share shall be
F,RF*I*< as followed in 1&@
o In pari delicto same as above
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FAMI>G
Art 1&L FAMI>G
Art. 1' FAMI>G R*>AI,+431. 6usband and 8ife
). Parent and (hild2. ascendants and descendants
&. brothers and sisters full or half blood
*"ists even if they donDt live together
Illegitimate children are +, included because
they have their own family
Adopted children are included
Art 1'1 4#I4 between family members
46A>> +, PR,4P*R
*"cept when it should appear that earnest effort
towards (,MPR,MI4* have been made but
failed.
It must appear in the verified complain that theydid try to (,MPR,MI4* and have an amicable
settlement
IF +, 46,8I+K ,F *AR+*4 *FF,R,8AR 4A#4 of the person
o A4 to 9A>I*KA> 4*PARAI,+
o F##R* 4#PP,R
o urisdiction of the court
o F##R* >*KIIM*
Art 1') FAMI>G 6,M* (onstituted ,I+>G by the husband and wife
,R the #+MARRI*< /4PI+4*R 6*A< of
the family
Family must reside therein
,nly one residence5dwelling can be constituted
as a family home
6ouse constructed in the >A+< ,F A+,6*R
cannot be constituted as a family home
>A+< I4 A+ I+*KRA> part of the family
home
6ome should be P*RMA+*+ in character
9A>#* should not *J(**< that fi"ed by law
Art. 1'2 86*+ I4 FAMI>G 6,M* G R*4I> I+9*4IKA* if the
family actually resides therein
FAMI>G 6,M* I4 *J*MP*< FR,M3
o *"ecution
o Forced sale
o Attachment
Art 1'& =*+*FI(IARI*4
6#4=A+< and 8IF* or #+MARRI*< 6*AG
P A A84 are also included
Art 1'' 86*+ I4 FAMI>G 6,M* +, *J*MP*IAI,+
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