Persons and Family Relations Law PDF

PERSONS AND FAMILY RELATIONS LAW Q&A Reviewer & MCQ Quizzer CIVIL LAW REVIEW 2012 Atty. MELENCIO S. STA.MARIA, JR. by BLOCK 4B 2012  BOOK I PERSONS Chapter 1. LEGITIMATE CHILDREN TITLE I. CIVIL PERSONAL...

PERSONS AND FAMILY RELATIONS LAW Q&A Reviewer & MCQ Quizzer CIVIL LAW REVIEW 2012 Atty. MELENCIO S. STA.MARIA, JR. by BLOCK 4B 2012  BOOK I PERSONS Chapter 1. LEGITIMATE CHILDREN TITLE I. CIVIL PERSONALITY Chapter 2. PROOF OF FILIATION Chapter 1. GENERAL PROVISIONS Chapter 3. ILLEGITIMATE CHILDREN Chapter 2. NATURAL PERSONS Chapter 4. LEGITIMATED CHILDREN Chapter 3. JURIDICAL PERSONS TITLE VII. ADOPTION (Articles 183 to 193) TITLE II. CITIZENSHIP AND DOMICILE TITLE VIII. SUPPORT THE FAMILY CODE OF THE PHILIPPINES (Articles 194 to 208) TITLE I. MARRIAGE (Articles 1 to 54) TITLE LX. PARENTAL AUTHORITY (Articles 209 to 233) Chapter 1. REQUISITES OF MARRIAGE Chapter 1. GENERAL PROVISIONS Chapter 2. MARRIAGES EXEMPT FROM LICENSE REQUIREMENT Chapter 2. SUBSTITUTE AND SPECIAL PARENTAL AUTHORITY Chapter 3. VOID AND VOIDABLE MARRIAGES Chapter 3. EFFECT OF PARENTAL AUTHORITY UPON THE PERSONS OF THE CHILDREN TITLE II. LEGAL SEPARATION (Articles 55 to 67) Chapter 4. EFFECT OF PARENTAL AUTHORITY UPON THE PROPERTY OF THE CHILDREN TITLE III. RIGHTS AND OBLIGATIONS Chapter 5. SUSPENSION OR TERMINATION OFPARENTAL BETWEEN HUSBAND AND WIFE AUTHORITY (Articles 68 to 73) TITLE X. EMANCIPATION AND AGE TITLE IV. PROPERTY RELATIONS BETWEEN OF MAJORITY HUSBAND AND WIFE (Articles 234 to 237) (Articles 74 to 148) TITLE XI: SUMMARY JUDICIAL PROCEEDINGS IN THE FAMILY LAW Chapter 1. GENERAL PROVISIONS (Articles 238 to 252) Chapter 2. DONATIONS BY REASONOF MARRIAGE Chapter 1. SCOPE OF APPLICATION Chapter 3. SYSTEM OF ABSOLUTE COMMUNITY Chapter 2. SEPARATION IN FACT BETWEENHUSBAND AND WIFE Section 1. General Provisions Chapter 3. INCIDENTS INVOLVING PARENTALAUTHORITY Section 2. What Constitutes Community Property PROCEEDINGS Section 3. Charges Upon and Obligations of the Absolute Community XII. FINAL PROVISIONS (Articles 254 to 257) Section 4. Ownership, Administration, Enjoyment and Disposition of the Community Property CIVIL CODE OF THE PHILIPPINES Section 5. Dissolution of Absolute Community Regime Section 6. Liquidation of the Absolute Community TITLE X. FUNERALS Chapter 4. CONJUGAL PARTNERSHIP OF GAINS TITLE XII. CARE AND EDUCATION OF CHILDREN Chapter 5. SEPARATION OF PROPERTY OF THE SPOUSE AND ADMINISTRATION OF COMMON PROPERTY BY ONE SPOUSE DURING THE TITLE XIII. USE OF SURNAMES MARRIAGE Chapter 6. REGIME OF SEPARATION OFPROPERTY TITLE XIV. ABSENCE Chapter 7. PROPERTY REGIME OF UNIONSWITHOUT MARRIAGE Chapter 1. PROVISIONAL MEASURES IN CASEOF ABSENCE Chapter 2. DECLARATION OF ABSENCE TITLE V. THE FAMILY (Articles 149 to 162) Chapter 3. ADMINISTRATION OF THE PROPERTYOF THE ABSENTEE Chapter 1. THE FAMILY AS AN INSTITUTION Chapter 4. PRESUMPTION OF DEATH Chapter 2. THE FAMILY HOME Chapter 5. EFFECT OF ABSENCE UPON THECONTINGENT RIGHTSOF THE ABSENTEE TITLE VI. PATERNITY AND FILIATION (Articles 163 to 182) TITLE XVI. CIVIL REGISTRY Art. 1-18 PRELIMINARY TITLE 1 Art. 1-18 PRELIMINARY TITLE 2 Effect and Application of Laws Effect and Application of Laws CHAPTER 1 Q. What are the instances when a law may be given retroactive effect? EFFECT AND APPLICATION OF LAWS A. A law may be given retroactive effect in the following instances: Article 1. This Act shall be known as the "Civil Code of (a) When it expressly provides for retroactivity; the Philippines." (n) (b) When it is curative or remedial; (c) When it is procedural; Article 2. Laws shall take effect after fifteen days (d) When it is penal in character and is favorable to the accused. following the completion of their publication in the Official Gazette, unless it is otherwise provided. This Q. What are the instances when the law cannot be given retroactivity? Code shall take effect one year after such publication. (1a) A. A law cannot be given retroactive effect in the following instances: Article 3. Ignorance of the law excuses no one from (a) When it impairs obligation of contracts; compliance therewith. (2) (b) When it affects vested rights; (c) When it will affect pending proceedings (See Espiritu v. Cipriano, 55 SCRA 533). Q. Can the publication requirement be dispensed with on the basis of the clause “unless otherwise it is provided” under Article 2 of the New Q. What is a curative or remedial legislation? Civil Code? A. It is a type of retrospective legislation that reaches back on past events A. NO. The clause “unless otherwise it is provided” pertains to the fifteen to correct errors or irregularities, and to render valid and effective day period and not to the requirement of publication. Publication is an attempted acts which would otherwise be ineffective for the purpose indispensable requirement, the absence of which will not render the the parties intended. (DBP v. CA, 96 SCRA 342) law effective. (see Tanada v. Tuvera, 146 SCRA 446) Article 5. Acts executed against the provisions of Q. Every person is presumed to know the law. Can this presumption be mandatory or prohibitory laws shall be void, except overcome by evidence that the person has in fact no knowledge of the when the law itself authorizes their validity. existence of a law? Q. When can a violation of mandatory or prohibitory laws be valid? A. NO. The presumption is conclusive. (See Tanada v. Tuvera, supra) A. It is valid when the law itself authorizes their validity that acts in Article 4. Laws shall have no retroactive effect, unless the violation of these laws are valid and enforceable. (Article 5, new Civil contrary is provided. (3) Code) Q. What is “retrospective legislation”? Article 6. Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals, or A. These are legislations with retroactive effect. good customs, or prejudicial to a third person with a right recognized by law. CIVIL LAW REVIEW 4B 2012 CIVIL LAW REVIEW 4B 2012 Art. 1-18 PRELIMINARY TITLE 3 Art. 1-18 PRELIMINARY TITLE 4 Effect and Application of Laws Effect and Application of Laws Article 10. In case of doubt in the interpretation or Q. When can a waiver be considered as an effective waiver? application of laws, it is presumed that the lawmaking body intended right and justice to prevail. (n) A. A waiver is effective when it is a “knowing and intelligent waiver.” This means that the person knows that a right exists, and has Article 11. Customs which are contrary to law, public knowledge of the facts basic to the exercise of the right waived, with an order or public policy shall not be countenanced. (n) awareness of its consequences. (See Consunji v. CA, G.R. No. 137873, April 20, 2001) Article 12. A custom must be proved as a fact, according to the rules of evidence. Article 7. Laws are repealed only by subsequent ones, and their violation or non-observance shall not be excused by disuse, or custom or practice to the Q. Can courts take judicial notice of customs? contrary. A. NO. A custom must be proved as a fact according to the rules of When the courts declared a law to be inconsistent evidence. (Article 12, New Civil Code) with the Constitution, the former shall be void and the latter shall govern. Article 13. When the laws speak of years, months, days or nights, it shall be understood that years are of Administrative or executive acts, orders and three hundred sixty-five days each; months, of thirty regulations shall be valid only when they are not days; days, of twenty-four hours; and nights from contrary to the laws or the Constitution. sunset to sunrise. Q. What is the general rule and exception when it comes to “partial unconstitutionality” of a statute? If months are designated by their name, they shall be computed by the number of days which they A. As a general rule, where a part of a law is declared unconstitutional, respectively have. other parts not declared as such will still be upheld. However, when In computing a period, the first day shall be excluded, the other provisions are so mutually dependent and connected with and the last day included. (7a) the unconstitutional provision as to warrant a belief that the legislature intended them to be whole, those other provisions must fall. (See Lidasan v. COMELEC, 21 SCRA 496) Q. X filed his final income tax return on April 15, 1998. X, however, discovered that he made excessive payment. Hence, he filed a claim for Article 8. Judicial decisions applying or interpreting refund before the Commissioner for Internal Revenue (CIR) on the laws or the Constitution shall form a part of the December 15, 1999. It was denied. On April 14, 2000, he filed an action legal system of the Philippines. (n) for refund before the Court of Tax Appeals (CTA). However, it was Article 9. No judge or court shall decline to render dismissed on the ground that under the law, a claim for refund must judgment by reason of the silence, obscurity or be filed within 2 years from the date of payment. According to CTA, insufficiency of the laws. (6) two years constitute 730 days pursuant to Article 13 of the New Civil CIVIL LAW REVIEW 4B 2012 CIVIL LAW REVIEW 4B 2012 Art. 1-18 PRELIMINARY TITLE 5 Art. 1-18 PRELIMINARY TITLE 6 Effect and Application of Laws Effect and Application of Laws Code. Hence, prescription had set in on April 14, 2000 which is the 731st day since the year 2000 is a leap year. Is the CTA correct? A. No. In the eyes of Philippine law, he is still married as divorce is not allowed. (See Tenchavez v. Escano, 15 SCRA 355) A. NO. Article 13 of the New Civil Code was impliedly repealed by the 1987 Administrative Code. Under the latter, “year” shall be Art. 16. Real property as well as personal property is understood as 12 calendar months. It is a period running from the subject to the law of the country where it is situated. beginning of a certain numbered day up to, but not including, the corresponding numbered day of the next month. Two years means However, intestate and testamentary succession, both twenty-four months regardless of the number of days of the month. with respect to the order of succession and to the Hence, two years from April 15, 1998 is April 14, 2000. (See CIR v. amount of successional rights and to the intrinsic Primetown Properties, G. R. 162155, August 28, 2007) validity of testamentary provisions, shall be regulated by the national law of the person whose succession is Article 14. Penal laws and those of public security and under consideration, whatever may be the nature of safety shall be obligatory upon all who live or sojourn the property and regardless of the country wherein in the Philippine territory, subject to the principles of said property may be found. (10a) public international law and to treaty stipulations. (8a) Q. What is the general rule with respect to the law that governs real and personal property? Q. Are diplomatic agents immune from the jurisdiction of Philippine A. The law that governs real and personal property is the law of the criminal laws? country where such property is situated. A. Yes, by virtue of the 1961 Vienna Convention on Diplomatic Relations. Q. What is the exception to the abovementioned rule? Art. 15. Laws relating to family rights and duties, or to A. With respect to the order of succession and the amount of the status, condition and legal capacity of persons are successional rights, whether in intestate or testamentary binding upon citizens of the Philippines, even though succession, they shall be regulated by the national law of the living abroad. (9a) deceased. Q. What is the nationality rule? Q. What law will apply if a foreigner executed a will in the Philippines but, who, at the time of his death, was both a national A. The nationality rule states that regardless of where a citizen of of the United States and also domiciled in the United States? the Philippines might be, he or she will be governed by Philippine laws with respect to his or her family rights and duties, or to his A. The law of the United States will apply. (See Bellis v. Bellis, 20 or her status, condition and legal capacity. SCRA 258) Q. If a married Filipino obtains a decree of divorce from abroad, may he validly remarry in accordance with Philippine law? CIVIL LAW REVIEW 4B 2012 CIVIL LAW REVIEW 4B 2012 Art. 1-18 PRELIMINARY TITLE 7 Art. 1-18 PRELIMINARY TITLE 8 Effect and Application of Laws Effect and Application of Laws Article 17. The forms and solemnities of contracts, wills, Article 18. In matters which are governed by the Code of and other public instruments shall be governed by the Commerce and special laws, their deficiency shall be laws of the country in which they are executed. supplied by the provisions of this Code. (16a) When the acts referred to are executed before the Q. When shall the Civil Code govern matters covered by the Code of diplomatic or consular officials of the Republic of the Commerce and special laws? Philippines in a foreign country, the solemnities A. Only when there is a deficiency in the Code of Commerce and special established by Philippine laws shall be observed in their laws. execution. CHAPTER 2 Prohibitive laws concerning persons, their acts or Human Relations (n) property, and those which have for their object public order, public policy and good customs shall not be Article 19. Every person must, in the exercise of his rendered ineffective by laws or judgments promulgated, rights and in the performance of his duties, act with or by determinations or conventions agreed upon in a justice, give everyone his due, and observe honesty and foreign country. (11a) good faith. Q. What law will govern the forms and solemnities of public instruments, Article 20. Every person who, contrary to law, willfully or wills and contracts? negligently causes damage to another, shall indemnify the latter for the same. A. The law of the country where they are executed. Article 21. Any person who willfully causes loss or injury Q. What law will govern if public instruments are executed before to another in a manner that is contrary to morals, good Philippine diplomatic officers in a foreign country? customs or public policy shall compensate the latter for the damage. A. Philippine law. Q. What are the essential requisites for a person to be held liable under Q. Is a Filipina wife who obtained a divorce abroad and remarried an Article 19? American liable for adultery? A. The essential requisites are: (1) there must be a legal right or duty; (2) A. Yes. Prohibitive laws concerning persons, their acts or property, and such right or duty is exercised in bad faith; and (3) it is exercised for those which have for their object public order, public policy and good the sole intent of prejudicing another. customs shall not be rendered ineffective by laws or judgments promulgated, or by determinations or conventions agreed upon in a Q. What matters does Article 20 cover? foreign country. (See Tenchavez v. Escano 15 SCRA 355) A. Article 20 speaks of a general sanction for all other provisions of law which do not especially provide their own sanction. CIVIL LAW REVIEW 4B 2012 CIVIL LAW REVIEW 4B 2012 Art. 37- 47 PERSONS 9 Art. 37- 47 PERSONS 10 Civil Personality Civil Personality Q. Is willful intent necessary to constitute a violation of Article 20? Q. A person, in good faith, plants crops on land which he believed was his own, but which turned out to be timberland belonging to the state. A. No. It can be violated through negligence. Does he lose his right to all his crops? Q. What are the essential requisites for a person to be held liable under A. No. (See Republic v. Ballocanag, 572 SCRA 436) Article 21? Q. Without A’s knowledge, a flood drives his cattle to the cultivated land A. The essential requisites are: (1) there is an act which is legal; (2) but of B. A’s cattle were saved but B’s crop was destroyed. Is A liable to B which is contrary to morals, good customs or public policy; and (3) it is for damages despite having committed no fault? done with intent to injure. A. Yes. True, A was not at fault but he was benefitted. It is but right and Q. A government employee was singled out by the deputy administrator equitable that he should indemnify B. (Report of the Code and strictly subjected to the rules for obtaining benefits after Commission, pages 41-42) retirement. Meanwhile employees similarly situated were liberally granted their benefits for as long as they substantially complied with Article 24. In all contractual, property or other relations, the rules. Does the government employee have a right to seek when one of the parties is at a disadvantage on account damages? of his moral dependence, ignorance, indigence, mental weakness, tender age or other handicap, the courts must A. Yes. See Article 19. (Llorente v. Sandiganbayan, 202 SCRA 309) be vigilant for his protection. Article 22. Every person who through an act or Q. Two parties executed a contract and implemented it for a lengthy performance by another, or any other means, acquires or period of time pursuant to its unambiguous provisions, and benefited comes into possession of something at the expense of the from the same. May one of the parties validly invoke Article 24? latter without just or legal ground, shall return the same to him. A. No. The Supreme Court rejected the claim of one of the parties that the said party was disadvantaged pursuant to Article 24, since it was Article 23. Even when an act or event causing damage to proven that the parties undertook lengthy negotiations before the another’s property was not due to the fault or negligence contract was finalized, and that the said party was good in business. of the defendant, the latter shall be liable for indemnity if (See Spouses Domingo v. Astorga, G.R. No. 130982, September 16, through the act or event he was benefited. 2005) Q. What is the doctrine of unjust enrichment? Article 25. Thoughtless extravagance in expenses for pleasure or display during a period of acute public want A. It states that no person can claim what is not validly and legally his or or emergency may be stopped by order of the courts at hers. the instance of any government or private charitable institution. CIVIL LAW REVIEW 4B 2012 CIVIL LAW REVIEW 4B 2012 Art. 37- 47 PERSONS 11 Art. 37- 47 PERSONS 12 Civil Personality Civil Personality Q. What kind of entities can invoke Article 25? Article 27. Any person suffering material or moral loss A. Only government or private charitable institutions can invoke Article because a public servant or employee refuses or neglects, 25. without just cause, to perform his official duty may fi le an action for damages and other relief against the latter, Article 26. Every person shall respect the dignity, without prejudice to any disciplinary administrative personality, privacy and peace of mind of his neighbors action that may be taken. and other persons. The following and similar acts, though they may not constitute a criminal offense, shall Q. The president of a state college in bad faith and despite the decision produce a cause of action for damages, prevention and and directives of the Office of the Bureau of Public Schools, refused to other relief: allow a student to graduate with honors, despite the fact that the student honestly earned and deserved such honors. Can the president (1) Prying into the privacy of another’s residence; be held liable for damages? (2) Meddling with or disturbing the private life or family A. Yes. The Supreme Court granted the award of damages in favor of the relations of another; said student under Article 27. (See Ledesma v. Court of Appeals, 160 SCRA 449). (3) Intriguing to cause another to be alienated from his friends; Article 28. Unfair competition in agricultural, commercial or industrial enterprises, or in labor through (4) Vexing or humiliating another on account of his religious the use of force, intimidation, deceit, machination or any beliefs, lowly station in life, place of birth, physical other unjust, oppressive or highhanded method shall defect, or other personal condition. give rise to a right of action by the person who thereby suffers damage. Q. A family in Sorsogon sent a telegram to another member of the family in Manila asking for money for their ailing mother. The telegram- Article 29. When the accused in a criminal company failed to send the telegram on time and did not immediately prosecution is acquitted on the ground that his guilt inform the family of the reason for the delay, thereby causing filial has not been proved beyond reasonable doubt, a civil disturbance on the part of the family as they blamed each other for action for damages for the same act or omission may failing to respond immediately to the emergency involving their be instituted. Such action requires only a mother. Can the family validly seek damages against the telegram preponderance of evidence. Upon motion of the company? defendant, the court may require the plaintiff to file a bond to answer for damages in case the complaint A. Yes. The Supreme Court awarded damages on the basis of Article should be found to be malicious. 26(2) of the Civil Code considering that the act or omission of the telegraph company disturbed the peace of mind of the family. (See If in a criminal case the judgment of acquittal is based RCPI v. Verchez, G.R. No. 164349, January 31, 2006) upon reasonable doubt, the court shall so declare. In CIVIL LAW REVIEW 4B 2012 CIVIL LAW REVIEW 4B 2012 Art. 37- 47 PERSONS 13 Art. 37- 47 PERSONS 14 Civil Personality Civil Personality the absence of any declaration to that effect, it may be inferred from the text of the decision whether or not A. A cause of action exists if the following elements are present: (1) a the acquittal is due to that ground. right in favor of the plaintiff; (2) an obligation on the part of the named defendant to respect or not to violate such right; and (3) an act or Article 30. When a separate civil action is brought to omission on the part of such defendant that is violative of the right of demand civil liability arising from a criminal offense, the plaintiff. and no criminal proceedings are instituted during the pendency of the civil case, a preponderance of Article 32. Any public officer or employee, or any evidence shall likewise be sufficient to prove the act private individual, who directly or indirectly complained of. obstructs, defeats, violates or in any manner impedes or impairs any of the following rights and liberties of Article 31. When the civil action is based on an another person shall be liable to the latter for obligation not arising from the act or omission damages: complained of as a felony, such civil action may proceed independently of the criminal proceedings 1. Freedom of religion; and regardless of the result of the latter. 2. Freedom of speech; 3. Freedom to write for the press or to maintain a periodical publication; Q. Does proof beyond reasonable doubt require absolute certainty? 4. Freedom from arbitrary or illegal detention; 5. Freedom of suffrage; A. No. It only means that amount of proof which forms an abiding moral 6. The right against deprivation of property without certainty that the accused committed the crime charged. Whereas in due process of law; civil cases, only preponderance of evidence is required, that is, as a 7. The right to a just compensation when private whole the evidence adduced by one side outweighs that of the adverse property is taken for public use; party. (See Sarmiento v. Court of Appeals, G.R. No. 96740, March 25, 8. The right to the equal protection of the laws; 1999) 9. The right to be secure in one's person, house, papers, and effects against unreasonable searches Q. Does acquittal beyond reasonable doubt preclude one from instituting and seizures; a suit to enforce the civil liability for the same act or omission? 10. The liberty of abode and of changing the same; 11. The privacy of communication and A. No. The same cannot be used in evidence of his innocence in civil correspondence; action and is not admissible in evidence to prove that he was not guilty 12. The right to become a member of associations or of the crime with which he was charged. (See Philippine National societies for purposes not contrary to law; Bank v. Catipon, 52 O.G. 3589; Republic of the Philippines v. Asaad, 13. The right to take part in a peaceable assembly to 51 O.G. 703) petition the Government for redress of grievances; Q. When does a cause of action exist? CIVIL LAW REVIEW 4B 2012 CIVIL LAW REVIEW 4B 2012 Art. 37- 47 PERSONS 15 Art. 37- 47 PERSONS 16 Civil Personality Civil Personality 14. The right to be a free from involuntary servitude in any form; Q. Are judges subject to liability under Article 32? 15. The right of the accused against excessive bail; 16. The right of the accused to be heard by himself A. No. The responsibility set forth in Article 32 is not demandable from a and counsel, to be informed of the nature and judge unless his act or omission constitutes a violation of the Penal cause of the accusation against him, to have a Code or other penal statute. (See Esguerra v. Gonzales-Asdala, G.R. speedy and public trial, to meet the witnesses No. 168906, December 4, 2004) This applies no matter how erroneous face to face, and to have compulsory process to the act is, so long as the judge acts in good faith. It is only when a secure the attendance of witness in his behalf; judge acts fraudulently or corruptly, or with gross ignorance, that he 17. Freedom from being compelled to be a witness may be held criminally or administratively responsible. against one's self, or from being forced to confess guilt, or from being induced by a promise of Article 33. In cases of defamation, fraud, and physical immunity or reward to make such confession, injuries a civil action for damages, entirely separate and except when the person confessing becomes a distinct from the criminal action, may be brought by the State witness; injured party. Such civil action shall proceed 18. Freedom from excessive fines, or cruel and independently of the criminal prosecution, and shall unusual punishment, unless the same is imposed require only a preponderance of evidence. or inflicted in accordance with a statute which has not been judicially declared unconstitutional; Article 34. When a member of a city or municipal police and force refuses or fails to render aid or protection to any 19. Freedom of access to the courts. person in case of danger to life or property, such peace officer shall be primarily liable for damages, and the city In any of the cases referred to in this article, whether or municipality shall be subsidiarily responsible or not the defendant's act or omission constitutes a therefor. The civil action herein recognized shall be criminal offense, the aggrieved party has a right to independent of any criminal proceedings, and a commence an entirely separate and distinct civil preponderance of evidence shall suffice to support such action for damages, and for other relief. Such civil action. action shall proceed independently of any criminal Article 35. When a person, claiming to be injured by a prosecution (if the latter be instituted), and may be criminal offense, charges another with the same, for proved by a preponderance of evidence. which no independent civil action is granted in this Code or any special law, but the justice of the peace finds no The indemnity shall include moral damages. reasonable grounds to believe that a crime has been Exemplary damages may also be adjudicated. committed, or the prosecuting attorney refuses or fails to institute criminal proceedings, the complaint may bring The responsibility herein set forth is not demandable a civil action for damages against the alleged offender. from a judge unless his act or omission constitutes a Such civil action may be supported by a preponderance violation of the Penal Code or other penal statute. of evidence. Upon the defendant's motion, the court may CIVIL LAW REVIEW 4B 2012 CIVIL LAW REVIEW 4B 2012 Art. 37- 47 PERSONS 17 Art. 37- 47 PERSONS 18 Civil Personality Civil Personality Article 37. Juridical capacity, which is the fitness to be require the plaintiff to file a bond to indemnify the the subject of legal relations, is inherent in every natural defendant in case the complaint should be found to be person and is lost only through death. Capacity to act, malicious. which is the power to do acts with legal effect, is If during the pendency of the civil action, an information acquired and may be lost. (n) should be presented by the prosecuting attorney, the civil action shall be suspended until the termination of Q. When does juridical capacity and capacity to act start and end? the criminal proceedings. A. Juridical capacity is acquired upon the birth of a person. There are Article 36. Pre-judicial questions, which must be even cases where a child, although not yet born and still inside the decided before any criminal prosecution may be womb of the mother, is already given a provisional personality which instituted or may proceed, shall be governed by rules entitles him to be supported or to receive donation (Articles 40, 41, of court which the Supreme Court shall promulgate 742, 854). Juridical capacity is terminated only upon death. Whereas, and which shall not be in conflict with the provisions capacity to act is not inherent in a person; it is attained or conferred. of this Code. Therefore, it may be lost not only by death of a person but by any valid cause provided by law. Q. What is a prejudicial question? Article 38. Minority, insanity or imbecility, the state of A. A prejudicial question is one that arises in a case, the resolution of being a deaf-mute, prodigality and civil interdiction are mere restrictions on capacity to act, and do not exempt which is a logical antecedent of the issue involved therein, and the the incapacitated person from certain obligations, as cognizance of which pertains to another tribunal. (See Zapanta v. Montesa, 4 SCRA 510; Fortich v. Celdran, 19 SCRA 502) There are when the latter arise from his acts or from property always two cases involved, a civil and a criminal case. The criminal relations, such as easements. (32a) case is always suspended because the issues in the civil case are determinative of the outcome in the criminal case. Article 39. The following circumstances, among others, modify or limit capacity to act: age, insanity, imbecility, the state of being a deaf-mute, penalty, prodigality, BOOK I family relations, alienage, absence, insolvency and PERSONS trusteeship. The consequences of these circumstances are governed in this Code, other codes, the Rules of TITLE I Court, and in special laws. Capacity to act is not limited CIVIL PERSONALITY on account of religious belief or political opinion. A married woman, twenty-one years of age or over, is CHAPTER 1 qualified for all acts of civil life, except in cases specified General Provisions by law. (n) Chapter 2 CIVIL LAW REVIEW 4B 2012 CIVIL LAW REVIEW 4B 2012 Art. 37- 47 PERSONS 19 Art. 37- 47 PERSONS 20 Civil Personality Civil Personality NATURAL PERSONS from his parents even if it is yet to be born. The conceived child may even receive donations under Article 742 of the Civil Code. Article 40. Birth determines personality; but the conceived child shall be considered born for all purposes The lower court’s theory that support as an obligation under the Civil that are favorable to it, provided it be born after with the Code does not contemplate children yet unborn, violates Article 40. conditions specified in the following article. (29a) The phrase “provided it be born later with the conditions specified in the following article” is not a condition precedent to the right of the Article 41. For civil purposes, the foetus is considered conceived child. (See Quisumbing v. Icao, 34 SCRA 132) born if it is alive at the time it is completely delivered from the mother’s womb. However, if the foetus had an Q. May a parent invoke the provisional personality of a conceived child intra-uterine life of less than seven months, it is not for damages for and on behalf of an aborted child? deemed born if it dies within twenty-four hours after its complete delivery from the maternal womb. (30a) A. No. The conditions set forth in Article 40 and 41 were not subsequently met. But the parents can obtain damages in their own Q. What determines civil personality? right against the doctor who caused the abortion. (See Geluz v. CA, 2 SCRA 801) A. Birth determines civil personality. Q. What is the best evidence of birth? Q. When is a person deemed born? A. The birth certificate is the best evidence of birth. Once registered, it A. A person is deemed born if it is alive at the time it is completely becomes a public document. These are strictly confidential and cannot delivered from the mother’s womb. However, if the foetus only has an be revealed save in the cases expressly provided for by law. intra-uterine life of less than seven months, it must stay alive for twenty-four hours after complete delivery to be deemed born. Article 42. Civil personality is extinguished by death. Q. Are there exceptions? The effect of death upon the rights and obligations of the deceased is determined by law, by contract and by will. A. Yes. A conceived child, even if yet to be delivered from the mother’s (32a) womb, shall be considered born for all purposes that are favorable to it. Q. What terminates civil personality? Q. X, mother of a child, sued Y for damages and support for their common child. Y moved to dismiss the complaint on the ground that it did not A. Death terminates civil personality. allege that the child was deemed born. The court granted the motion to dismiss. Is this proper? Q. What is the effect of losing civil personality? A. No. Article 40 provides that a child is given provisional personality for A. The person loses juridical capacity and capacity to act, and all the all purposes favorable to it. The unborn child has a right to support rights pertaining thereto including the right to own and redeem CIVIL LAW REVIEW 4B 2012 CIVIL LAW REVIEW 4B 2012 Art. 37- 47 PERSONS 21 Art. 37- 47 PERSONS 22 Civil Personality Civil Personality property, among others. (See Butte v. Manuel Uy & Sons, Inc., 4 SCRA Chapter 3 526) JURIDICAL PERSONS Q. Who issues a death certificate? Article 44. The following are juridical persons: A. The attending physician of the deceased issues the death certificate, or 1) The State and its political subdivisions; the proper health officer in case of default. 2) Other corporations, institutions, and entities Q. What are contained in the death certificate? for public interest or purpose, created by law; their personality begins as soon as they have A. The death certificate contains the following: (1) date and place of been constituted according to law; death; (2) full name; (3) age; (4) occupation; (5) residence; (6) status as regards marriage; (7) nationality; and (8) probable cause of death. 3) Corporations, partnerships and associations for private interest or purpose to which the Q. Can rights and obligations of deceased persons be regulated? law grants a juridical personality, separate and distinct from that of each shareholder, A. Yes, by contract, will, and by law. partner or member. (35a) Article 43. If there is doubt, as between two or more Article 45. Juridical persons mentioned in Nos. 1 and 2 of persons who are called to succeed each other, as to the preceding article are governed by the laws creating which of them dies first, whoever alleges the death of one or recognizing them. prior to the other, shall prove the same; in the absence of proof, it is presumed that they died at the same time and Private corporations are regulated by laws of general there shall be no transmission of rights from one to the application on the subject. other. (33) Partnerships and associations for private interest or Q. When will Article 43 apply? purpose are governed by the provisions of this Code concerning partnerships. (36 and 37a) A. Only in cases of doubt as to who between two or more persons, called to succeed each other, died first. Article 46. Juridical persons may acquire and possess property of all kinds, as well as incur obligations and Q. How can death be proven in cases of doubt? bring civil or criminal actions, in conformity with the laws and regulations of their organization. (38a) A. It must be established by positive evidence. But it can also be established by circumstantial evidence, but never by mere inference Q. What is a juridical person? arising from another inference or presumptions or assumptions. CIVIL LAW REVIEW 4B 2012 CIVIL LAW REVIEW 4B 2012 Art. 37- 47 PERSONS 23 Art. 37- 47 PERSONS 24 Civil Personality Civil Personality A. A juridical person is a being of legal existence susceptible of rights and Municipal corporations exist in a dual capacity, and their functions are obligations, or of being the subject of juridical relations. (See Roldan v. two-fold. In one, they exercise rights springing from sovereignty and Philippine Veterans Board, 105 Phil. 1081) while in the performance of the duties pertaining thereto, their acts are political and governmental. When performing such functions, they Q. What is a state? are immune from suit unless otherwise provided in their charters. A. A state is a sovereign power with people composing it viewed as an If acting in a proprietary character, the municipal corporations can be organized corporate society under a government with the legal sued. (See Municipality of San Fernando v. Firme, G.R. No. 52179, competence to exact obedience of its commands. April 1991) Q. As a juridical person, what can a state do? Q. What is a corporation? A. It can enter into treaties and contracts. It can also succeed or inherit in A. A corporation is an artificial being created by operation of law, having certain instances provided by law. However, as a general rule, the the right of succession and the powers, attributes, and properties State cannot be sued without its consent. expressly authorized by law or incident to its existence. Q. How can the consent of the state be given? Q. What is a partnership? A. Either expressly or impliedly. Express consent to be sued may be A. By contract of partnership, two or more persons bind themselves to embodied in a general or special law. It is implied when the contribute money, property or industry to a common fund with the government enters into business contracts, thereby descending to the intention of dividing the profits among themselves. level of the other contracting party. When a state files a complaint, it is also opening itself to a counterclaim. (See Merritt v. Government of the Q. What are the effects of corporations and partnerships having juridical Philippine Islands, 182 SCRA 644) personalities? However, the circumstance that a state is suable does not necessarily A. The corporations and partnerships have separate juridical mean that it is liable. When a state waives its immunity, it is only personalities from its stockholders and partners. The obligations of the giving the plaintiff a chance to prove its claim. corporation are not the obligations of its stockholders. Q. What are political subdivisions? Q. May stockholders of a corporation intervene in a case involving corporate liability? A. Political subdivisions consist of municipalities, cities, and provinces. A. No. The stockholders’ interest in corporate property is merely inchoate. Q. Can political subdivisions be held liable for damages? Property belongs to the corporation possessing a distinct personality. (See Saw v. CA, 195 SCRA 740) A. It depends on the capacity for which it is being sued. Q. Are there exceptions to the rule? CIVIL LAW REVIEW 4B 2012 CIVIL LAW REVIEW 4B 2012 Art. 37- 47 PERSONS 25 Art. 48- 51 PERSONS 26 Civil Personality Citizenship and Domicile A. Yes, in cases where piercing the veil of corporate fiction is proper. The doctrine is applied when the separate juridical personality of the 3) Those whose fathers are citizens of the Philippines; corporation is disregarded to promote the ends of justice. (See Laguna Transportation Company v. Social Security System, G.R. L-14606, 4) Those whose mothers are citizens of the Philippines April 28, 1960) and upon reaching the age of majority, elect Philippine citizenship; Article 47. Upon the dissolution of corporations, institutions and other entities for public interest or 5) Those who are naturalized in accordance with law. purpose mentioned in No. 2 of Article 44, their property and other assets shall be disposed of in pursuance of law Article 49. Naturalization and the loss and reacquisition or the charter creating them. If nothing has been of citizenship of the Philippines are governed by special specified on this point, the property and other assets laws. (n) shall be applied to similar purposes for the benefit of the region, province, city or municipality which during the Article 50. For the exercise of civil rights and the existence of the institution derived the principal benefits fulfillment of civil obligations, the domicile of natural from the same. persons is the place of their habitual residence. (40a) Q. What happens to the properties of the corporation when it ceases to Article 51. When the law creating or recognizing them, or have legal personality? any other provision does not fix the domicile of juridical persons, the same shall be understood to be the place A. The properties shall be disposed of in accordance with the law creating where their legal representation is established or where it. Otherwise, it will be transferred to the municipal corporation which they exercise their principal functions. (41a) derived principal benefits from the corporation. Q. What is domicile? How is it different from residence? A. Domicile denotes a fixed permanent residence to which, when absent, TITLE II one has the intention of returning. Residence is used to indicate a CITIZENSHIP AND DOMICILE place of abode, whether permanent or temporary. Article 48. The following are citizens of the Philippines: Q. May a person have more than one domicile? 1) Those who were citizens of the Philippines at the A. No. But one may have several residences. time of the adoption of the Constitution of the Philippines; Q. In the Philippines, how is citizenship determined? 2) Those born in the Philippines of foreign parents A. The Philippines follows Jus Sanguinis. Jus sanguinis refers to who, before the adoption of said Constitution, had citizenship by blood, whereas jus soli refers to citizenship on the basis been elected to public office in the Philippines; of place of birth. CIVIL LAW REVIEW 4B 2012 CIVIL LAW REVIEW 4B 2012 Art. 48- 51 PERSONS 27 Art. 48- 51 PERSONS 28 Citizenship and Domicile Citizenship and Domicile evinced a sincere desire to learn and embrace all customs, Q. What law governs naturalization? traditions, and ideals of the Filipinos; (g) Citizens or subjects of nations with whom the Philippines is at war A. Commonwealth Act No. 473. during the period of war; (h) Citizens or subject of a foreign country whose laws do not grant Q. Under the current laws, what are the qualifications for a foreigner to Filipinos the right to become citizens or subject thereof acquire Filipino citizenship? Q. What law governs loss and reacquisition of citizenship? A. The foreigner must: (a) be not less than 21 years of age on the day of the filing of petition; A. Commonwealth Act No. 63 as amended by R.A. No. 106. (b) have resided in the Philippines for not less than 10 continuous years; Q. What are the grounds for loss of citizenship? (c) have good moral character, believes in the principles underlying the Constitution, conducted himself in a proper and irreproachable A. The following are grounds for loss of citizenship: manner; (a) Naturalization in a foreign country; (d) own real estate in the Philippines worth not less than five thousand (b) Express renunciation of citizenship; pesos or must have some lucrative profession, trade or lawful (c) Subscribing to an oath of allegiance to support the constitution or occupation; laws of a foreign country upon attaining twenty-one years of age; (e) be able to speak and write English or Spanish or any one of the (d) By rendering service to or accepting commission in the armed forces principal Philippine languages; and of another country; (f) have enrolled his minor children in a school recognized by the Office (e) Cancellation of the certificate of naturalization; of Private Education of the Philippines. (f) Having been declared by competent authority a deserter of the Philippine armed forces in time of war; and Q. Who are disqualified from being naturalized? (g) In case of a woman, upon her marriage to a foreigner if by virtue of the laws in force in her husband’s country, she acquires his A. The following are disqualified from being naturalized: nationality. (a) Those opposed to organized government or affiliated with any association or group of persons who uphold and teach doctrines Q. What are the grounds for reacquisition of citizenship? opposing all organized government; (b) Persons defending or teaching the necessity or proprietary of A. The grounds for reacquisition of citizenship are: violence, personal assault, or assassination for the success and (1) Naturalization; predominance of their ideas; (2) Repatriation; and (c) Polygamists or believers in the practice of polygamy; (3) By direct act of Congress. (d) Persons convicted of crimes involving moral turpitude; (e) Persons suffering from mental alienation or incurable contagious diseases; THE FAMILY CODE OF THE PHILIPPINES (f) Persons who, during the period of their residence in the Philippines have not mingled socially with the Filipinos or who have not CIVIL LAW REVIEW 4B 2012 CIVIL LAW REVIEW 4B 2012 Art 1-34 MARRIAGE 29 Art 1-34 MARRIAGE 30 Requisites of Marriage Requisites of Marriage I, CORAZON C. AQUINO, President of the Philippines, by virtue of the husband and the wife become one single moral, spiritual and social the powers vested in me by the Constitution, do hereby order and being, not only for the purpose of procreation, but also for the purpose promulgate the Family Code of the Philippines, as follows: of mutual help and protection physically, morally, and materially. (See Q. When did the Family Code take effect? Saclolo v. CAR, 106 Phil. 1038) A. The Family Code took effect on August 3, 1988. Marriage – a fundamental human right TITLE I Q. Describe Marriage as a right recognized by law. MARRIAGE A. Marriage is “one of the basic civil rights of man,” fundamental to the Chapter 1 State’s existence and survival. (Skinner v. State of Oklahoma, 316 US Requisites of Marriage 535) It is a fundamental human right recognized and protected by international law, by our Constitution, and by statutory law. Art. 1. Marriage is a special contract of permanent union In international law, Article 16 of the Universal Declaration of Human between a man and a woman entered into in accordance Rights specifically provides that “men and women of full age, without with law for the establishment of conjugal and family any limitation due to race, nationality or religion, have the right to life. It is the foundation of the family and an inviolable marry and to found a family.” Two other treaties to which the social institution whose nature, consequences, and Philippines is a signatory, such as the International Covenant on Civil incidents are governed by law and not subject to and Political Rights (ICCPR), the International Covenant on stipulation, except that marriage settlements may fix the Economic, Social and Cultural Rights (ICESCR), also protect the right property relations during the marriage within the limits to marry. provided by this Code. (52a) Under the 1987 Constitution of the Republic of the Philippines, the Marriage – definition and nature State “recognizes the sanctity of family life and shall protect and strengthen the family as a basic social institution (Article II, Section Q. Define Marriage. What are its basic elements? 15, 1987 Constituition of the Republic of the Philippines).” Marriage is “an inviolable social institution, the foundation of the family and shall A. Article 1 of the Family Code defines marriage and provides for its basic be protected by the State (Article 15, Section 2, supra).” Marriage is elements: within the ambit of the constitutional right of association (Article III, (1) A special contract of permanent union between man and woman; Section 8, supra) and the right to privacy. (2) Entered into in accordance with law; and (3) For the purpose of establishing conjugal and family life. State Interest in Marriage Q. Describe the nature of Marriage. Q. Since marriage is so vested with public interest, provide certain statutes that prohibit acts contrary to the spirit of marriage. A. Being a “special contract of permanent union,” a man and a woman enter a joint life acting, living, and working as one … upon marriage, A. Just to list a few: CIVIL LAW REVIEW 4B 2012 CIVIL LAW REVIEW 4B 2012 Art 1-34 MARRIAGE 31 Art 1-34 MARRIAGE 32 Requisites of Marriage Requisites of Marriage (2) That the religious marriage ceremony which the parties agreed to 1. The Revised Penal Code punishes any person who contracts hold after their civil marriage never took place. (See Anonymous v. marriage knowing that the requirements of the law were not Anonymous, 49 NYSd 314) met, or that a legal impediment to marriage exists; 2. Republic Act No. 6955 punishes any person who carries on a This is because these reasons were not among those provided in the Mail-Order Bride Business; marriage laws of their respective States (See Bove v. Pinciotti, supra). 3. Republic Act No. 9208 punishes any person who would offer or More importantly however, the status created by marriage is “too contract marriage for the purpose of prostitution, pornography, much a matter of public concern to allow the parties to tinker with it sexual exploitation, forced labor or slavery, involuntary according to their own notions of what is expedient and proper. (See servitude or debt bondage. Anonymous v. Anonymous, supra) Q. As marriage is a contract, are the contracting parties free to dictate its Q. How many parties are there to a marriage? terms? A. Three – two willing spouses and an approving State. (Manuel v. A. Generally, n,o. Marriage is considered the foundation of the family, People, 476 SCRA 461) and an inviolable social institution whose nature, consequences and incidents are governed by law and not subject to stipulation. (Article 1, Q. Is divorce allowed in the Philippines? Family Code) A. No. However, the constitutional reverence for marriage and the family Except: Marriage settlements may fix the property relations during does not mean that the Legislature may not enact a law allowing it. the marriage within the limits provided by the Family Code. (Article 1, Family Code) Effect of Company Policies on Employees contracting Marriage Q. Describe Marriage as a status. Q. MNO corporation’s employment policy disqualifies from work any female employee who contracts marriage. Valid? A. Marriage is not at most a civil contract, but is at least a civil contract, with status and the interest of the State added to it. (Bove v. Pinciotti, A. No. Such a vile policy is discriminatory and “strikes at the very 46 Pa. D. & C. [C.P. 1942]) While other contracts may be modified or essence, ideals and purpose of marriage as an inviolable social fixed upon the consent of the parties, once a man and a woman enter institution and ultimately, of the family as the foundation of the into marriage, the law steps in and holds both of them to various nation. (Philippine Telegraph and Telephone Company v. NLRC, 272 obligations and liabilities. (Maynard v. Hill, 125 US 190) SCRA 596) For example, a marriage cannot be annulled for the following reasons: Q. QRS corporation’s policy provides that in case two of its employees should marry, one of them should resign. This is because of the (1) That the petitioner never really intended to marry the respondent, corporation’s apprehension that the employees will become less but only to name the child in her womb (who, however, was never efficient in the performance of their work. Valid? born). (See Bove v. Pinciotti, supra); or CIVIL LAW REVIEW 4B 2012 CIVIL LAW REVIEW 4B 2012 Art 1-34 MARRIAGE 33 Art 1-34 MARRIAGE 34 Requisites of Marriage Requisites of Marriage A. No. There is no LEGITIMATE BUSINESS CONCERN shown in Property Relations imposing the questioned policy. (See Star Paper Corporation v. Simbol, 487 SCRA 228). Q. Article 1 of the Family Code provides that the contracting parties to a marriage may fix the property relations in a marriage settlement. Up Q. Suppose A, employed at XYZ corporation, marries B, an employee of to what extent can the parties dictate its terms? DEF corporation. XYZ and DEF are competitors in the same industry. XYZ corporation’s company policy requires A to inform the corporation A. The terms of the settlement should not contravene the provisions of of his marriage to B, and if the corporation determines that the the Family Code. For example, the parties cannot provide that the marriage may pose a possible conflict of interest, A should resign. agreed property regime will take effect at a time other than the Valid? celebration of marriage. A. Yes. Where XYZ corporation’s policy is based on the possibility that a Law Governing Validity of Marriage competitor company (DEF) will gain access to its trade and business secrets, the policy is reasonable. It involves a LEGITIMATE Q. What law determines the validity of a marriage? BUSINESS CONCERN and does not violate the equal protection clause of the constitution. (See Duncan v. Glaxo, 438 SCRA 343) A. The law in force at the time the marriage is contracted. Marriage and the Right to Privacy Q. A and B, siblings, were married in 2015. Assuming the Family Code is still in effect at that time, their marriage is considered void for being Q. A is married to B. Now, A suspected B of having an extra-marital an incestuous marriage. However, in 2020, Congress passes a law affair with C. As such A, without informing B, ransacked the latter’s allowing incestuous marriages. Is A and B’s marriage now valid office and took documents that proved the affair. With these because of the subsequent law? documents, she filed a case for legal separation against B. Are the documents admissible to prove the extra-marital affair? A. Generally, no. A marriage void in toto at the time it was celebrated cannot be validated by a subsequent statute. The exception is if the A. No. While the marriage between A and B creates a permanent union subsequent statute expressly validates certain marriages formerly between them, B did not set aside his dignity and privacy as an considered invalid. (See 52 Am. Jur. 2d 955-956) individual. The documents A acquired violated B’s right to privacy, and are thus, inadmissible (See Zulueta v. CA, 253 SCRA 699). Art. 2. No marriage shall be valid, unless these essential requisites are present: Q. A is married to B. A was prosecuted for murder. The prosecution now wants to present B as a witness against A. Can they do so? (1) Legal capacity of the contracting parties who must be a male and a female; and A. Generally, no. B cannot testify against A without the latter’s consent, (2) Consent freely given in the presence of the while the marriage subsists. This is because the law “ensures absolute solemnizing officer. (53a) freedom of communication between spouses by making it privileged.” (Zulueta v. CA, supra). Art. 3. The formal requisites of marriage are: CIVIL LAW REVIEW 4B 2012 CIVIL LAW REVIEW 4B 2012 Art 1-34 MARRIAGE 35 Art 1-34 MARRIAGE 36 Requisites of Marriage Requisites of Marriage (1) Authority of the solemnizing officer; to the marriage to write the name of said party, which fact shall be attested by the solemnizing officer. (55a) (2) A valid marriage license except in the cases provided for in Chapter 2 of this Title; and Q. Does the law allow for same sex marriages? (3) A marriage ceremony which takes place with the A. No. The contracting parties must be of the opposite sex – a man and a appearance of the contracting parties before the woman. solemnizing officer and their personal declaration that they take each other as husband and wife in Q. A, born a male, successfully has a sex change operation. Physically, A the presence of not less than two witnesses of legal is now a woman. Can she validly marry a man? age. (53a, 55a) A. No. In determining the sex of a person who contracts marriage, the Art. 4. The absence of any of the essential or formal law looks to the sex of the person at the time of his birth. A successful requisites shall render the marriage void ab initio, sex-reassignment surgery is of no consequence. (See Silverio v. except as stated in Article 35 (2). Republic, 537 SCRA 373) A defect in any of the essential requisites shall not affect Q. A suffers from Congenital Adrenal Hyperplasia (CAH), a condition the validity of the marriage but the party or parties where A has both male and female characteristics. Although A may responsible for the irregularity shall be civilly, criminally genetically be a female, A actually secretes male hormones, has no and administratively liable. (n) female genitalia and truly feels like a male person. In short, A is considered an “intersex” individual. Can A validly marry a woman? Art. 5. Any male or female of the age of eighteen years or upwards not under any of the impediments mentioned in A. Yes, provided that at the age of majority, he makes the choice to live Articles 37 and 38, may contract marriage. (54a) and be treated under the law as a man. (See Republic v. Cagandahan, 565 SCRA 72) Art. 6. No prescribed form or religious rite for the solemnization of the marriage is required. It shall be Q. What is the effect of the total absence of consent to a marriage? necessary, however, for the contracting parties to appear personally before the solemnizing officer and declare in A. The total absence of consent makes the marriage void ab initio. the presence of not less than two witnesses of legal age that they take each other as husband and wife. This Q. What is the effect of a defect in consent? declaration shall be contained in the marriage certificate which shall be signed by the contracting parties and A. Defect in consent makes the marriage valid, until annulled, hence, a their witnesses and attested by the solemnizing officer. voidable one. In case of a marriage in articulo mortis, when the party Q. The law requires a particular form of consent to be given by the at the point of death is unable to sign the marriage contracting parties. True? certificate, it shall be sufficient for one of the witnesses CIVIL LAW REVIEW 4B 2012 CIVIL LAW REVIEW 4B 2012 Art 1-34 MARRIAGE 37 Art 1-34 MARRIAGE 38 Requisites of Marriage Requisites of Marriage A. False. Consent need not be expressed in any special manner or 2) Marriage between two contracting parties living in places where particular form. (See Teter v. Teter, 101 Ind. 129) All that is needed is there are no means of transportation to enable them to appear a manifestation that the contracting parties take each other as personally before the local civil registrar. husband and wife. 3) Marriages among Muslims and other ethnic cultural minorities performed in accordance with their practices. Q. Does the law allow for proxy marriages? 4) Marriages of couples without any impediment to marry and living together as husband and wife for at least five years. A. No. The contracting parties must personally appear before the 5) Marriage solemnized by a person without authority to solemnize a solemnizing officer and make their personal manifestation of consent marriage provided that either one of the parties believed in good to the marriage. Of course, the law requires that the solemnizing faith that such solemnizer had the proper authority. officer have authority to solemnize the marriage. Q. Must the declaration of consent be vocally expressed? Q. What happens when one of the witnesses to a marriage is not of legal age? A. No. It may be shown by other manifestations or signs of approval and consent. It is the agreement itself, and not the form in which it is A. There are two views: couched, which constitutes the contract. (1) The absence of a formal requisite makes the marriage void; and (2) This is a mere irregularity as what is important is the agreement Q. What are some of the irregularities which do not affect the validity of a itself of the contracting parties in the presence of the solemnizing marriage? officer which constitutes the contract, hence the marriage is valid. The latter is the better view. (See Perido v. Perido, 63 SCRA 97) A. These irregularities are: (1) Absence of two witnesses of legal age during the marriage Q. Are common law marriages recognized in the Philippines? ceremony. (Meister v. Moore, 96 US 76, 24 US L. Ed. 826) (2) Absence of a marriage certificate. (People v. Janssen, 54 Phil. A. They have never been and are still not recognized in our jurisdiction. 176) (3) Marriage solemnized in a place other than publicly in the Q. Is marriage by way of jest valid? chambers of the judge or in open court, in church, chapel, or temple, or in the office of the consul-general, consul, or vice- A. No. There is no genuine consent on the part of both contracting consul. parties. (4) Issuance of marriage license in city or municipality, which is not the residence of either of the contracting parties. (Alcantara v. Q. Generally, absence of any of the essential or formal requirements of a Alcantara, G.R. No. 167746, August 28, 2007, 531 SCRA 446) marriage renders such marriage null and void. What are the (5) Unsworn application for a marriage license. exceptions? (6) Failure of the contracting parties to present original birth certificate or baptismal certificate to the local civil registrar, who A. The exceptions are: likewise failed to ask for the same. 1) Marriages in articulo mortis. (7) Failure of the contracting parties between the ages of eighteen and twenty-one to exhibit consent of parents or persons having CIVIL LAW REVIEW 4B 2012 CIVIL LAW REVIEW 4B 2012 Art 1-34 MARRIAGE 39 Art 1-34 MARRIAGE 40 Requisites of Marriage Requisites of Marriage legal charge of them to the local civil registrar. Q. What is the significance of January 1, 1992? (8) Failure of the contracting parties between the ages of twenty-one to twenty-five to exhibit advice of parents to local civil registrar. A. It was on this date that, with the advent of the Local Government (9) Failure to undergo marriage counseling. Code, Mayors are now allowed to solemnize marriages. (10) Failure of the local civil registrar to post the required notices. (11) Issuance of marriage license despite absence of publication or Q. What is the presumption as regards to the authority of the prior to the completion of the 10-day period for publication. solemnizing officer? (Alcantara v. Alcantara, G.R. No. 167746, August 28, 2007, 531 SCRA 446) A. In the absence of a showing to the contrary, the authority of the (12) Failure of the contracting parties to pay the prescribed fees for solemnizing officer is presumed. (Goshen v. Stonington, 4 Conn. 209, the marriage license. 10 Am. Dec. 121) (13) Failure of the person solemnizing the marriage to send copies of the marriage certificate to the local civil registrar. (Madridejos v. Q. Must the solemnizing officer investigate whether or not the marriage De Leon, 55 Phil. 1) license is duly issued? (14) Failure of the local civil registrar to enter the applications for marriage licenses filed with him in