PFR REVIEWER – MIDTERMS

Civil Code
Chapter 1 – Effect and Applica�on of Laws
Ar�cle 1 and 2
- The Civil Code took effect on August 30, 1950
Effec�vity of Laws
General Rule: Laws shall take effect a�er 15 days following the comple�on of their
publica�on in the Official Gazete, or in a newspaper of general circula�on.
Excep�on: When the law provides for its own affec�vity, less than or greater than 15
days a�er publica�on
Where Publica�on be Made: In the Official Gazete or in a newspaper of general circula�on,
it is NOT required that laws be published in both.
Not Covered By Publica�on Requirement: INTERPRETATIVE REGULATIONS AND THOSE LAWS
OR RULES WHICH ARE MERELY INTERNAL IN NATURE, that is, regula�ng only the personnel
of the administra�ve agency and not the public, need not be published.

The phrase “UNLESS OTHERWISE PROVIDED” refers to the date of effec�vity and not
to the requirement of publica�on, which cannot in any event be omited. It does not
dispense the requirement of publica�on. PUBLICATION is INDISPENSABLE. (Tanada v. Tuvera)

Internet Publica�on: The internet cannot be made a medium for publishing laws, rules and
regula�ons.
Ar�cle 3
IGNORANTIA LEGIS NON EXCUSAT
That everyone knows the law is a conclusive presump�on.
Covers Philippine Laws, and is limited to mandatory and prohibi�ve laws
· Not applicable to foreign laws, and if a foreign law is not properly pleaded and
proven, it is presumed that such law is the same as our law (doctrine of procedural
presump�on).
Ar�cle 4
GENERAL RULE: Laws are prospec�ve, not retroac�ve.
EXCEPTIONS:
1. PENAL statutes favorable to the accused and that the accused is not a habitual
delinquent and that the law does not provide for its non-retroac�ve applica�on.
2. INTERPRETATIVE statutes

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 3. When the law EXPRESSLY provides for retroac�vity (Xpn: Ex post facto law and
Impairment of obliga�on and contracts)
4. REMEDIAL statutes, as there is no vested right in procedural laws.
5. CURATIVE statutes, that is to cure defects or imperfec�ons in judicial or
administra�ve proceedings.
6. EMERGENCY laws as they are authorized by the police power of the state.
7. If a substan�ve RIGHT be declared for the first �me
Ar�cle 5
Mandatory Laws – is when the omission of which, renders the proceeding or acts, to which it
relates illegal or void.
Prohibitory Laws – those which contain posi�ve prohibi�ons and are couched in the nega�ve
terms impor�ng that the act required shall not be done otherwise than designated.
Ar�cle 6
Requisites of Valid Waiver:
1. The person waiving must be Capacitated to make the waiver.
2. The waiver must be made Clearly, but not necessarily express.
3. The person waiving must Actually have the right which he is renouncing.
4. In certain instances, the waiver must comply with certain Formali�es.
5. The waiver must Not be contrary to law, public order, public policy, morals or good
customs, or prejudicial to others with a right recognized by law.
Ar�cle 7
Repeal – the legisla�ve act of abroga�ng through a subsequent law the effects of a
previous statute or por�ons thereof.
Implied repeal – takes place when a new law contains provisions contrary to or
inconsistent with those of a former without expressly repealing them
Express repeal – literally declared by a new law, either in specific terms, as where the
provisions are named and iden�fied and declared to be repealed.
Ar�cle 8
Judicial decisions of the Supreme Court are authorita�ve and precedent-se�ng while those
of the inferior courts are persuasive.
*Decisions of the Court of Appeals may be a part of the Jurisprudence if not reversed

There is a need for judicial declara�on of nullity of a void marriage (Wiegel v Sempio-Dy)

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 Ar�cle 9
A judge must always be guided by equity, fairness, and a sense of jus�ce in these
situa�ons.
Ar�cle 10
““Interpret not by the leter that kill but by the spirit that gives life”
Ar�cle 11 and 12
Custom – a rule of conduct formed by repe��on of acts, uniformly observed as a social rule,
legally binding and obligatory. It will not have the same authority like judicial decisions.
Ar�cle 13
Computa�on of Periods: EO 292 (1987) or the Administra�ve Code of 1987, Sec�on 31,
Chapter VIII, Book I
1 day – 24 hours
1 month – of 30 days unless it refers to a specific calendar month in which case it
shall be computed according to the actual number of days of that specific month;
1 year – be computed based on 12 calendar months
Night – from sunrise to sunset
Ar�cle 14
General Rule: Laws are binding upon those who live or sojourn in the Philippines.
Excep�ons:
a. Principles of Public Interna�onal Law.
b. Treaty s�pula�ons (e.g. VFA)
c. Laws of preferen�al applica�on
Ar�cle 15 – Na�onality Principle / Lex Na�onalis
Basis: Na�onality
Covers: family rights and du�es, status, condi�on and legal capacity
Xpn: Art 26 par 2, Family Code
- Divorce between Filipinos is not valid even if obtained abroad
· Divorce obtained by foreigners in their country may be recognized by our country
provided that they are valid under their na�onal law.
· When a foreigner obtains a valid divorce abroad, he is no longer is the spouse of the
Filipino and therefore losses the standing to sue for adultery.

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 · Under Art 26 of the Family Code, the foreign spouse can remarry if he/she obtains a
valid divorce, and the Filipino Spouse can remarry as well if they are capacitated to
do so.

A foreigner whose country’s law does not require support for the children will
generally be followed. However, if a suit is filed here in the Philippines, such foreigner has to
implead and prove such foreign law. Otherwise, because of the doctrine of processual
presump�on, Philippine law will be considered the same as the foreign law. (Del Socorro v
Van Wilsen)
For the Philippine courts to judicially recognize a foreign judgment rela�on to the
status of an adop�on where one of the par�es is a ci�zen of a foreign country, the pe��oner
only needs to prove the foreign judgment as a fact under the Rules of Court. (Suzuki v OSG)

Ar�cle 16 – Lex Rae Sitae

- Refers to INTRINSIC validity; SUBSTANCE of the form
Basis: Law of the place where the property is situated
Covers: Real and personal proper�es
Xpn: Art 16 par 2, New Civil Code (for Divorce cases)

Where a ci�zen of Turkey made out a last will and testament providing that his
property shall be disposed of pursuant to Philippine laws, the SC ruled that such provision
is illegal and void because, pursuant to Ar�cle 16, the na�onal law should govern and
therefore the Turkish laws and not the Philippine laws should apply. (Miciano v Brimo)
Amos Bellis was a ci�zen of the State of Texas, USA, and that under the laws of
Texas, there are no forced heirs or legi�mes. Accordingly, sice the intrinsic validity of the
provision of the will and the amount of successional rights are to be determined by Texas
law, the Philippine law on legi�mes cannot be applied to the testacy of Amos Bellis. (Bellis
v Bellis)

Ar�cle 17 – Lex Loci Celebra�onis

- It is a principle which applies the law of the place where the contract was executed
as far as the formali�es and solemni�es (EXTRINSIC validity) are concerned.
Basis: Law of the place where the contract was executed.
Covers: forms and solemni�es (extrinsic validity)
Xpn: Art 26 par 1, FC
Cross reference: Excep�ons of Ar�cle 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), 36, 37 and 38.”

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 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;
Xxx

(4) Those bigamous or polygamous marriages not failing under Ar�cle 41;
(5) Those contracted through mistake of one contrac�ng party as to the
iden�ty of the other; and
(6) Those subsequent marriages that are void under Ar�cle 53.

Art. 36. A marriage contracted by any party who, at the �me of the celebra�on, was
psychologically incapacitated to comply with the essen�al marital obliga�ons of marriage,
shall likewise be void even if such incapacity becomes manifest only a�er its
solemniza�on.

Art. 37. Marriages between the following are incestuous and void from the beginning,
whether rela�onship between the par�es be legi�mate or illegi�mate:
(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 rela�ves whether legi�mate or illegi�mate, 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 adop�ng parent and the adopted child;
(5) Between the surviving spouse of the adop�ng parent and the adopted
child;
(6) Between the surviving spouse of the adopted child and the adopter;
(7) Between an adopted child and a legi�mate child of the adopter;
(8) Between adopted children of the same adopter; and
(9) Between par�es where one, with the inten�on to marry the other, killed
that other person's spouse, or his or her own spouse.

Example of Extrinsic Validity: Thus, if in Japan, it is required that for a holographic will to be
valid, the date thereof need not be in the handwri�ng of the testator, then such a will is
VALID even if Philippine laws the contents of a holographic will, even the date, must all be in
the handwri�ng of the testator.

Any Filipino who procures absolute divorce abroad against his/her Filipino spouse
will remain, in the eyes of Philippine laws, as not having been divorced. In a case where a
Filipina wife obtained a divorce abroad and later remarried an American, the Filipino
husband in the Philippines can file a legal separa�on case against the wife for having been
technically commited adultery, considering that the absolute divorce is not recognized in
the Philippines (Tenchavez v Escano)

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 Ar�cle 18
- refers to SUPPLETORY APPLICATION of the Civil Code

There was no perfec�on of a life annuity because there was no acceptance of the
contract. The SC applied the rules on contracts under the Civil Code in view of the absence
of any provision in the Insurance Act rela�ve to the manner by which a contract is
perfected. (Insular v Sun Life)
The word “loss” in the Carriage of Goods by Sea Act is determinable under the
concept given to it by the Civil Code in accordance with Ar�cle 18 providing for the
suppletory nature of the said Code. (Ang v American Steamship Agencies)

Chapter 2 – Human Rela�ons

Ar�cle 19
- Principle of Abuse of Right
Elements of Abuse of Right
1. there is a legal right or duty (what right has been abused?);
2. the exercised of such right is in bad faith (Bad faith does not only connote bad
judgment or negligence; it imparts a dishonest purpose and conscious doing of
wrong); and
3. there is an intent to prejudice or injure others (what is the inten�on?).
Ar�cle 20
- The act is contrary to law
- The act is done either willfully or negligently
- Indemnity shall be granted to the injured party if a person abuses his rights or acts in
contrary to law

Ar�cle 20 speaks of the general sanc�on for all other provisions of law which do not
especially provide their own sanc�on. Thus, anyone who, whether willfully or negligently,
in the exercise of his legal right or duty, causes damage to another, shall indemnify his or
her vic�m form injuries suffered thereby. (Albenson Enterprises Corp. v CA)
In a case where a water company cut the water supply of a theatre just two hours a�er
no�fica�on and where the representa�ve of the theater, who immediately went to the
water company to discuss the mater, was treated badly and was not recognized, the SC
ruled that the water company was liable for damages because it abused the exercise of its
right under Ar�cle 19. (MWSS v Act Theater)

Ar�cle 21
- The act is contrary to morals, good customs or public policy
- The act is done willfully

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 **Breach Of Promise To Marry
General rule: Not an ac�onable wrong.
Excep�ons:
When there has been sexual intercourse
a. The aggrieved party becomes pregnant and subsequently delivers, she may
ask the other to RECOGNIZE THE CHILD, should there be one, and PROVIDE
SUPPORT to said child. She can also recover compensatory damages and
hospitaliza�on expenses as well as atorney’s fees.
b. Sue for MORAL DAMAGES if there be criminal or moral seduc�on, but not if
the intercourse was due to mutual lust; if the cause be the promise to marry,
and the effect be the carnal knowledge, there is criminal or moral seduc�on.
c. Sue for MORAL DAMAGES if the act of the defendant cons�tutes a tort
under Art 21
d. Sue for ACTUAL DAMAGES, should there be any, such as advanced money
or property upon the faith of the promise to marry or expenses for the
wedding prepara�ons on the ground that no person can enrich himself
unjustly at the expense of another.
When there was no sexual intercourse
a. Sue for MORAL DAMAGES in case there has been a deliberate desire to
inflict loss or injury or there has been an evident abuse of right.
b. Sue for MORAL DAMAGES if the act of the defendant cons�tutes a tort
under Art 21.
c. Sue for ACTUAL DAMAGES, should there be any, such as advanced money
or property upon the faith of the promise to marry or expenses for the
wedding prepara�ons on the ground that no person can enrich himself
unjustly at the expense of another

Moral seduc�on, although not punishable, connotes the idea of deceit, en�cement,
superior power or abuse of confidence on the part of the seducer to which the woman has
yielded (Gashem Shokat Baksh vs CA)

Ar�cle 22
- Unjust Enrichment – No person can claim what is not validly and legally his or hers
Elements of Accion in rem verso
1. That the defendant has been enriched
2. That the plain�ff has suffered a loss

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 3. That the enrichment of the defendant is without just or legal ground
4. That the plain�ff has no other ac�on based on contract, quasi-contract, crime or
quasi-delict

Catadman received the amount of P115,002.68 through his bank account when the same
was erroneously credited with the amount. Notwithstanding the knowledge that the
money was not his, he spent the same and kept his silence about it at the expense of Land
Bank. Land Bank had caused no loss or damage to Catadman. In truth, Catadman is
undeniably at fault when he appropriated the P115,002.68 even knowing fully well that it
did not belong to him. To sustain Catadman's argument would be to countenance a clear
case of unjust enrichment. (Land Bank v Catadman)
Ownership was transferred to Chan Lin when the cavans of rice were delivered to Aniano's
store. This was agreed upon in the contract between Sandoval and Chan Lin.
However, it was found that 3 days a�er the delivery, Chan Lin returned Aniano's money.
Aniano claimed that he then returned the cavans of rice to Sandoval. But Sandoval's driver
said Aniano never returned the sacks of rice. They would have withdrawn the replevin
case had the sacks of rice been returned. Sandoval has all the right to recover the rice and
rescind the contract as he was not paid. Aniano cannot unjustly enrich himself at the
expense of Sandoval. (Obana v CA)
Where one has rendered services to another, and these services are accepted by the
later, in the absence of proof that the services rendered gratuitously, it is but just that he
should pay a reasonable remunera�on therefor because, it is a well-known principle of
law, that no one should be permited to enrich himself to the damage of another.
Here in this case, the tacit agreement and consent of both par�es with respect to the
service rendered by Perez, and the reciprocal benefits accruing to each, are the best
evidence of the fact that there was an implied contract sufficient to create a legal bond,
from which arose enforceable rights and obliga�ons of a bilateral character. (Perez v
Pomar)

Ar�cle 23
- This pertains to the duty of a person to indemnify even without fault provided he
benefited. The basis of which is equity.
Ar�cle 24
Court Vigilance – The courts must render jus�ce and therefore, they must be very vigilant in
protec�ng the rights of the disadvantaged with the end view that any decision will be in
consonance with what is right and legal.

Where the pauper li�gants, who were the aggrieved par�es in a collision case which was
pending from a long �me with the Court, the Court held that the special circumstances of
the case and of the li�gants, the remedial laws should be construed in favor of them so
that the li�gants may have an opportunity to pursue their claims and that the denial of
jus�ce due to legal technicali�es may be avoided. (De lima v Laguna Tayabas Company)
Where the par�es executed a contract, implemented it for a lengthy period of �me
pursuant to its unambiguous provisions, and benefited from the same, the Court rejected

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 the claim of one of the par�es that the said party was disadvantaged pursuant to Ar�cle
24 considering they are great business acumen and cannot claim to be the weaker or
disadvantaged party. (Sps. Domingo v Astorga)

Ar�cle 25
Thoughtless extravagance during emergencies may incite the passions of those who
cannot afford to spend.
Remedy: Injunc�on
Filed by: Charitable Ins�tu�on (either government or private)
Ar�cle 26
Prohibited Acts:
1. Prying into the privacy of another’s residence. Includes respect for one’s name,
picture or personality.
2. Meddling with or disturbing the private life or family rela�ons of another.
3. Intriguing to cause another to be alienated from his friends.
4. Vexing or humilia�ng another on account of his religious beliefs, lowly sta�on in
life, place of birth, physical defect, or other personal condi�on.
*5. Other similar acts.

Where a family in Sorsogon sent a telegram to another member of a family in Manila

asking for money for their ailing mother and where the telegram company was negligent
in failing to send the telegram on �me and in not immediately informing the family of the
reason for the delay, thereby causing filial disturbance on the part of the family. The Court
awarded damages considering the act or omission of the telegraph company disturbed
the peace of mind of the family. (RCPI v Verchez)
Where a neighbor installed a video surveillance cameras directed on a neighboring
business office without the consent of the owner, the Court held that such act violates the
right to privacy and considering the law includes “similar acts”, business offices are
included in Ar�cle 26 where the owner “has the right to exclude the public or deny them
access”. (Hing v Choachuy)

Ar�cle 27
Reason for the Ar�cle: To promote public office as a public trust.
3-fold liability of a Public Official
1. Criminal – must be proven beyond reasonable doubt; pertains to moral certainty
2. Civil – needs preponderance of evidence
3. Administra�ve – needs substan�al evidence

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 Ar�cle 28
- this provision is necessary in a system of free enterprise
Ar�cle 29
- Every person who is criminally liable for a felony is also civilly liable
- There are two liabili�es based on ar�cle 29, one is on social order and one is on private
rights

Respondent is liable in the civil aspect of the case regardless of his acquital in the criminal
case. The acquital was because of the fact that his guilt was not sa�sfactorily established
hence his acquital was based on reasonable doubt and under the law, such acquital does
not preclude a suit to enforce the civil liability for the same act or omission, under Ar�cle
29 of the new Civil Code. This is even if there was no prior reserva�on by PNB to file a civil
suit. Ca�pon is ordered to pay PNB without prejudice to Ca�pon's rights against Ramirez.
(PNB v Ca�pon)

Ar�cle 30
- Civil ac�on is deemed to have been ins�tuted within the criminal ac�on unless such party
has waived the civil ac�on, reserves the right to ins�tute such civil ac�on separately or prior
to the criminal ac�on
- When civil ac�on is ins�tuted but there is no criminal ac�on, a preponderance of evidence
shall be sufficient to prove the act complained of.
Ar�cle 31
- There are certain injuries which do not necessarily arise from the commission of a crime.
Ar�cle 31 seeks to give an aggrieved party a remedy and a cause of ac�on in this kind of
situa�ons.
- The same negligent act causing damages may produce a civil liability arising from a crime
under Art. 100 RPC or may create an ac�on for quasi-delict or culpa extracontractual under
Art. 2174 to 2194 NCC (basis of quasi-delict).
Ar�cle 32
- Breach Of Cons�tu�onal Rights / Civil Liability for Viola�on of Cons�tu�onal Rights
Persons Liable
1. any public officer or employee
2. any private individual even if in good faith
Good faith is not a defense under Art. 32
When Responsibility Demandable from a Judge – Judges cannot be subjected to liability for
any of their official acts, no mater how erroneous as long as they acted in good faith. It is

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only when they act fraudulently or corruptly or with gross ignorance, may they be held
criminally or administra�vely responsible.

Respondent Fiscal Ponce de Leon ordered the seizure of a motor launch on the basis of an
informa�on against plain�ff Jikil Taha for robbery. Co-respondent detachment commander
Maddela effected the seizure of the motor launch. Plain�ff Jikil Taha and Delfin Lim (2nd
buyer)file a complaint against respondents for unlawful seizure. Respondent fiscal was
held liable for damages under Art. 32 of the Civil Code. (Lim v Ponce De Leon)

Ar�cle 33
- The terms fraud, defama�on, and physical injuries must be understood in their ordinary
sense. Hence, fraud can include estafa; defama�on can include libel. Physical injuries can
include death or the crime of homicide but it cannot include reckless imprudence resul�ng
to homicide.
Ar�cle 34
- Duty of police officers to see to it that peace and order are maintained in the community
Ar�cle 35
Rule 111, Sec�on 1, 2000 Rules of Criminal Procedure: When the criminal ac�on is
ins�tuted, the civil ac�on for the recovery of civil liability arising from the offense charged
shall be deemed ins�tuted UNLESS the offended party waives the civil ac�on, reserves the
right to ins�tute it separately or ins�tutes the civil ac�on prior to the criminal ac�on.
Ar�cle 36
GR: Where both a civil and a criminal case arising from the same facts are filed in court, the
criminal case takes precedence
Xpn: If there exist prejudicial ques�ons which should be resolved first before ac�on could be
taken in a criminal case and when the law provides that both civil and criminal case can be
ins�tuted simultaneously.
Prejudicial ques�on - one which must be decided before any criminal prosecu�on may be
ins�tuted or may proceed, because a decision therein is vital to the judgment in the criminal
case.
2 Essen�al Elements (Sec�on 5, Rule 111, ROC):
1. The civil ac�on involves an issue similar or in�mately related to issue raised in the
criminal case; and
2. The resolu�on of such issue determines whether or not the criminal ac�on may
proceed.

The civil ac�on for annulment must first be decided, before the ac�on for bigamy can
proceed. Thus, the issue involved in the ac�on for the annulment of the second marriage
is determina�ve of pe��oner's guilt or innocence of the crime of bigamy. On the other

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 hand, there can be no ques�on that the annulment of pe��oner's marriage with
respondent on the grounds relied upon in the complaint filed in the Court of First Instance
of Pampanga is within the jurisdic�on of said court. (Zapanta v Montesa)
The pendency of the case for declara�on of nullity of pe��oner’s marriage is not a
prejudicial ques�on to the concubinage case. For a civil case to be considered prejudicial
to a criminal ac�on as to cause the suspension of the later pending the final
determina�on of the civil case, it must appear not only that the said civil case involves the
same facts upon which the criminal prosecu�on would be based, but also that in the
resolu�on of the issue or issues raised in the aforesaid civil ac�on, the guilt or innocence
of the accused would necessarily be determined. (Beltran v People)
The genuineness of the deeds of sale, which is the subject of the civil case, is apparently
determina�ve of the outcome of the forgery case with respect to the same deeds of sale.
Notably, when the subject deeds of sale were found to be genuine, then it necessarily
follows that there was no forgery commited on these documents. The pronouncement of
validity of the deeds of sale in the civil case is conclusive upon the criminal case
preven�ng the court a quo from re-li�ga�ng the same issue and then ending up with a
contrary ruling. (People v Camenforte)

Title I – Civil Personality

Chapter 1 – General Provisions
Ar�cle 37
JURIDICAL CAPACITY (passive) - the fitness to be the subject of legal rela�ons; it is inherent
in every natural person and is lost only through death.
CAPACITY TO ACT (ac�ve) - the power to do acts with legal effect; it can be acquired and
may be lost
Ar�cle 38 and 39
Restric�ons or Modifica�ons on Capacity to Act
a. Minority (below 18)
b. insanity or imbecility
c. state of being deaf-mute
d. prodigality
- In prodigality, once an individual is under guardianship, his capacity to act
becomes restricted since he can only enter a contract through the guardian
e. civil interdic�on
- an accessory penalty imposed upon those who are sentenced penalty not
lower than reclusion temporal. It produces the following effects:
- Depriva�on of rights of parental authority or guardianship

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 - Depriva�on of marital authority
- Depriva�on of right to manage property
- Depriva�on of the right to dispose his property by any act or
conveyance inter vivos
f. family rela�ons
g. alienage
h. absence
I. insolvency
j. trusteeship

Chapter 2 – Natural Persons

Ar�cle 40
- Commence of Civil Personality: Ar�cle 5 of PD No. 603, “Child and Youth Welfare Code” –
“The civil personality of the child shall commence from the �me of his concep�on for all
purposes favorable to him, subject to the requirements of Ar�cle 41.
*Presump�ve Personality
Ar�cle 41
Legal Condi�ons
1. Ordinary Birth - with an intra-uterine life of at least seven months. For civil purposes, the
fetus is considered born if it is alive at the �me it is completely delivered from the mother’s
womb.
2. Extra-ordinary Birth: with an intra-uterine life of less than seven months. For civil
purposes, it is not deemed born if it dies within 24 hours a�er its complete delivery from the
maternal womb.
Elements:
a. Child must be alive at the �me of complete separa�on; and
b. Must be alive within 24 hours therea�er.
Ar�cle 42
- Death puts an end to civil personalit
Ar�cle 43
Burden of proof: If there is a doubt, as between 2 or more persons who are called to
succeed each other, as to which of them died first, whoever alleges the death of one prior to
the other, shall prove the same.
Presump�on: In the absence of proof, it is presumed that they died at the same �me.

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Effect of presump�on: There shall be no transmission of rights from one to the other.
Rule 131(jj)and (kk) of the Revised Rules of Court on presump�ons on survivorship.
(jj) When two persons perish in the same calamity, such as wreck, batle, or
conflagra�on, and it is not shown who died first, and there are no par�cular
circumstances from which it can be inferred, the survivorship is presumed from the
probabili�es resul�ng from the strength and age of the sexes, according to the
following rules:
1. If both were under the age of fi�een years, the older is presumed to have
survived;
2. If both were above the age of sixty, the younger is presumed to have
survived;
3. If one is under fi�een and the other above sixty, the former is presumed to
have survived;
4. If both be over fi�een and under sixty, and the sexes be different, the male
is presumed to have survived; if the sexes be the same, then the older;
5. If one be under fi�een or over sixty, and the other between those ages, the
later is presumed to have survived.
(kk) If there is a doubt, as between two or more persons who are called to succeed
each other, as to which of them died first, whoever alleges the death of one prior to
the other, shall prove the same; in the absence of proof, it is presumed that they died
at the same �me.
Chapter 3 – Juridical Persons
Ar�cles 44, 45, and 46
Classifica�on:
1. The State and its poli�cal subdivisions - governed by the laws crea�ng or
recognizing them.
2. Juridical persons for public interest or purpose, created by law - their personality
begins as soon as they have been cons�tuted according to law; governed by the laws
crea�ng or recognizing them.
3. Juridical persons for private interest or purpose - their personality begins from the
moment a cer�ficate of incorpora�on is granted and issued by the SEC; Regulated by
laws of general applica�on on the subject.
Partnerships and associa�ons for private interest or purpose are governed by
the provisions of this Code concerning partnerships.
4. The Roman Catholic Church – is a person; and a corpora�on by prescrip�on (Rev
Barlin case)

14 | P a g e
 5. The estate of a deceased person.
**STATE – as a juridical person, the state can enter into trea�es and contracts. The Civil Code
even provides that, in default of persons en�tled to succeed to the estate of a deceased
person, the State shall inherit his whole estate (Ar�cle 1011 of the Civil Code)

- A state cannot be sued without its consent (Ar�cle XVI, Sec�on 2 of the 1987
Cons�tu�on)
Express consent – General law or a special law
Implied consent – (1) government enters into business contracts, (2) when the
State files a complaint thus opening itself to a counterclaim

Corpora�on – the general law governing public corpora�ons is BP 68, “Corpora�on Code of
the Philippines which became effec�ve on May 1, 1980
Partnerships and Associa�ons for private interest - governed by Title IX of the Civil Code
*Government corpora�ons such as PNB, DBP, and Philippine Gaming and Amusement
Corpora�on are created by their special charters passed by the legislature; BP 68 applies in
suppletory nature
Partnership - juridical persons provided that they fulfill the following requisites: Two or more
persons who bind themselves to contribute money, property or industry to a common fund;
and Inten�on on part of the partners to divide the profits among themselves
Ar�cle 47 – read only daw
Title II – Ci�zenship and Domicile
Ar�cle 48 – Amended by Ar�cle IV, Sec�on 1 of the 1987 Cons�tu�on
The following are ci�zens of the Philippines:
1. Those who are ci�zens of the Philippines at the �me of the adop�on of this
Cons�tu�on
2. Those whose fathers or mothers are ci�zens of the Philippines
3. Those born before January 17, 1973 of Filipino mothers who elect Philippine
ci�zenship upon reaching the age of majority
4. Those who are naturalized in accordance with law
Natural-born ci�zens are those who are ci�zens of the Philippines from birth, without
having to perform any act to acquire or perfect their Philippine ci�zenship
**Ci�zens of the Philippines who marry aliens shall retain their ci�zenship unless by
their act or omission they are deemed, under the law, to have renounced it.
Foundlings – children abandoned at a very early age by the parents whose iden��es can no
longer be determined.

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 Presump�on: All foundlings found in the Philippines are born to at least a Filipino
father or mother (and are thus natural born unless there is a substan�al proof
otherwise)
Sec�on 5 of RA 11767 (May 6, 2022): A foundling found in Philippine embassies,
consulates, and territories abroad is presumes natural born Filipino ci�zen regardless
of the status or circumstances of birth.
Acquisi�on of Ci�zenship – governed by Commonwealth Act No. 473: for a foreigner to be
able to become a Philippine ci�zen, a proper pe��on shall be filed in the proper court which,
a�er due hearing, shall issue the cer�ficate of naturaliza�on.

Commonwealth Act 473

Sec�on 2. Qualifica�ons. – Subject to sec�on four of this Act, any person having the
following qualifica�ons may become a ci�zen of the Philippines by naturaliza�on:

First. He must be not less than twenty-one years of age on the day of the hearing of the
pe��on;

Second. He must have resided in the Philippines for a con�nuous period of not less than
ten years;

Third. He must be of good moral character and believes in the principles underlying the
Philippine Cons�tu�on, and must have conducted himself in a proper and irreproachable
manner during the en�re period of his residence in the Philippines in his rela�on with the
cons�tuted government as well as with the community in which he is living.

Fourth. He must own real estate in the Philippines worth not less than five thousand
pesos, Philippine currency, or must have some known lucra�ve trade, profession, or lawful
occupa�on;

Fi�h. He must be able to speak and write English or Spanish and any one of the principal
Philippine languages; and

Sixth. He must have enrolled his minor children of school age, in any of the public schools
or private schools recognized by the Office of Private Educa�on1 of the Philippines, where
the Philippine history, government and civics are taught or prescribed as part of the school
curriculum, during the en�re period of the residence in the Philippines required of him
prior to the hearing of his pe��on for naturaliza�on as Philippine ci�zen.

Sec�on 3. Special qualifica�ons. The ten years of con�nuous residence required under
the second condi�on of the last preceding sec�on shall be understood as reduced to five
years for any pe��oner having any of the following qualifica�ons:

- Having honorably held office under the Government of the Philippines or under that of
any of the provinces, ci�es, municipali�es, or poli�cal subdivisions thereof;

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 - Having established a new industry or introduced a useful inven�on in the Philippines;

- Being married to a Filipino woman;

- Having been engaged as a teacher in the Philippines in a public or recognized private

school not established for the exclusive instruc�on of children of persons of a par�cular
na�onality or race, in any of the branches of educa�on or industry for a period of not less
than two years;

- Having been born in the Philippines.

Sec�on 4. Who are disqualified. - The following cannot be naturalized as Philippine

ci�zens:

- Persons opposed to organized government or affiliated with any associa�on or group of

persons who uphold and teach doctrines opposing all organized governments;

- Persons defending or teaching the necessity or propriety of violence, personal assault, or

assassina�on for the success and predominance of their ideas;

- Polygamists or believers in the prac�ce of polygamy;

- Persons convicted of crimes involving moral turpitude;

- Persons suffering from mental aliena�on or incurable contagious diseases;

- Persons who, during the period of their residence in the Philippines, have not mingled
socially with the Filipinos, or who have not evinced a sincere desire to learn and embrace
the customs, tradi�ons, and ideals of the Filipinos;

- Ci�zens or subjects of na�ons with whom the United States 2and the Philippines are at
war, during the period of such war;

- Ci�zens or subjects of a foreign country other than the United States 3whose laws do not
grant Filipinos the right to become naturalized ci�zens or subjects thereof.

Loss and Reacquisi�on of Ci�zenship – governed by Commonwealth Act No. 63 as

amended by RA 106
The grounds for the loss of ci�zenship are as follows:
(1) By naturaliza�on in a foreign country;
(2) By express renuncia�on of ci�zenship;
(3) By subscribing to an oath of allegiance to support the cons�tu�on or laws of a
foreign country upon ataining twenty-one years of age or more: Provided, however,

17 | P a g e
 That a Filipino may not divest himself of Philippine ci�zenship in any manner while
the Republic of the Philippines is at war with any country;
(4) By rendering services to, or accep�ng commission in, the armed forces of a
foreign country: Provided, That the rendering of service to, or the acceptance of such
commission in, the armed forces of a foreign country, and the taking of an oath of
allegiance incident thereto, with the consent of the Republic of the Philippines, shall
not divest a Filipino of his Philippine ci�zenship if either of the following
circumstances is present:
(a) The Republic of the Philippines has a defensive and/or offensive pact of
alliance with the said foreign country; or
(b) The said foreign country maintains armed forces on Philippine territory
with the consent of the Republic of the Philippines: Provided, That the
Filipino ci�zen concerned, at the �me of rendering said service, or acceptance
of said commission, and taking the oath of allegiance incident thereto, states
that he does so only in connec�on with his service to said foreign country:
And provided, finally, That any Filipino ci�zen who is rendering service to, or
is commissioned in, the armed forces of a foreign country under any of the
circumstances men�oned in paragraph (a) or (b), shall not be permited to
par�cipate nor vote in any elec�on of the Republic of the Philippines during
the period of his service to, or commission in, the armed forces of said foreign
country. Upon his discharge from the service of the said foreign country, he
shall be automa�cally en�tled to the full enjoyment of his civil and poli�cal
rights as a Filipino ci�zen;
(5) By cancella�on of the of the cer�ficates of naturaliza�on;
(6) By having been declared by competent authority, a deserter of the Philippine
armed forces in �me of war, unless subsequently, a plenary pardon or amnesty has
been granted; and
(7) In the 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 na�onality.
The grounds for the reacquisi�on of ci�zenship are as follows:
1. By naturaliza�on: Provided, that the applicant possess none of the
disqualifica�on prescribed in Sec�on 4 of CA 473
2. By repatria�on of deserters of the Army, Navy, or Air Corps: Provided, that
a woman who lost her ci�zenship by reason of her marriage to an alien may
be repatriated in accordance with the provisions of CA 63, as amended, a�er
the termina�on of the marital status; and
3. By direct act of the Congress of the Philippines

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Dual Ci�zenship – RA 9225 known as Ci�zenship Reten�on and Re-acquisi�on Act of 2003
allows it.
DOMICILE – denotes a fixed permanent residence to which, when absent, one has the
inten�on of returning.
Residence is used to indicate a place of abode, whether permanent or temporary
Domicile is residence coupled with the inten�on to remain for an unlimited �me
TITLE I – MARRIAGE
Chapter 1
Requisites of Marriage
Ar�cle 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
founda�on of the family and an inviolable social ins�tu�on whose nature, consequences,
and incidents are governed by law and not subject to s�pula�on, except that marriage
setlements may fix the property rela�ons during the marriage within the limits provided by
this Code.
Elements of Marriage:
1. a special contract
2. permanent union
3. between a man and woman
4. in accordance with the law
5. the purpose of which is for the establishment of conjugal and family life

**conjugal – rela�onship between husband and wife; family life – rela�onship of parents
and children
**marriage setlements pertains to pre-nup�al agreements

Marriage vs. Ordinary Contract

1. Marriage is a special contract; and ordinary contract is just a mere contract.
2. Marriage is governed by law on marriage; an ordinary contract is governed by law on
contacts.
3. Marriage is an inviolable ins�tu�on; an ordinary contract is not.
4. Marriage is not subject to s�pula�on except only with regard to marriage setlement
which the par�es may agree upon before the marriage; an ordinary contract is subject to
s�pula�on.
5. In marriage, the contrac�ng par�es must only be 2, one is a male and the other is a
female; in ordinary contract, there can be 2 or more par�es and the difference of gender
is not material.
6. Marriage is terminated by death or annulment due to legal cause, i.e., it cannot be

19 | P a g e
terminated without the consent of the state; an ordinary contract is terminated upon
expira�on of the term of the contract, upon fulfillment of the condi�on for which it was
entered into, rescission, mutual agreement of the par�es or through other causes.

By the contract of marriage, a man and woman enter a joint life ac�ng, living, and working
as one. Whether under the common law or under the civil law, upon marriage, the
husband and wife become one single moral, spiritual, and social being, not only for the
purpose of procrea�on but also for the purpose of mutual help and protec�on physically,
morally, and materially (Saclolo v CAR)

Special Aspects of Marriage: (1) it is a contract and (2) it is a status.

Ar�cle 2
Essen�al Requisites of Marriage
1. Legal Capacity of the contrac�ng par�es who must be a male and a female.
2. Consent freely given in the presence of the solemnizing officer
Ar�cle 3
Formal Requisites of Marriage
1. Authority of the solemnizing officer.
2. A valid marriage license EXCEPT in the cases provided for in Chapter 2 of this Title
3. A marriage ceremony which takes place with the appearance of the contrac�ng par�es
before the solemnizing officer and their personal declara�on that they take each other as
husband and wife in the presence of not less than 2 witnesses of legal age.
Ar�cle 4

Source VOID IRREGULARITY (s�ll valid)

Sta. Maria (2022 Ed) 1. Any of the par�es below 18 1. Only one of the witness is of
y/o even if the consent of the legal age (deficiency only)
parents has been previously 2. Par�es have a valid marriage
obtained license but forgot to bring it
2. Incestuous marriage 3. Judge who did not sign and
3. Child marriage date the marriage contract, did
4.18 y/o or over but who are not furnish the par�es, and did
UNABLE to fully take care and not forward the marriage
protect themselves contract to the local civil registrar
(physical/mental disability)
5. Total absence of consent
6. Absence of the presence of 2
witnesses
7. Marriage license which has
already expired
8. Marriage by jest

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 9. Marriage by proxy
10. Par�es do not have a valid
marriage license and the judge
requires them to apply and
procure a marriage license a�er
the marriage contract
Other notes 1. Vi�ated consent 1. Neither of the par�es knew
2. No authority of solemnizing that the solemnizing officer is not
officer authorized (good faith)
3. No authority of solemnizing 2. Marriage license signed by an
officer and par�es are in bad unauthorized employee
faith 3. Marriage solemnized in places
4. Marriage solemnized outside other than those authorized
the territorial jurisdic�on of the venues
judge 4. Marriage contracted by a party
5. Marriage solemnized by a who is 21-25 y/o without
person pretending to be a priest parental advice
6. Judge who solemnized a 5.Failure to post the applica�on
marriage during a Sunday for marriage license
(Gabriel v Gabriel0
7. Marriage solemnized by
senators

**Defects pertain to Ar�cle 45

Ar�cle 5
Examples of Impediments:
- Prior subsis�ng marriage
- Rela�onships – Incestuous marriages (Art 37) and Quasi-incestuous marriages (Art 38)
- Public policy (Art 38)

Ar�cle 6

Form – no prescribed form or religious rite

Marriages under Excep�onal circumstances OR Instances where Marriage License may

be dispensed with:
1. Marriage in Ar�culo Mor�s
2. Marriages in Remote Place
3. Marriages among Muslims or among Members of the ethnic cultural communi�es
4. Cohabita�on or Ra�fica�on of Marital cohabita�on

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 Ar�cle 7

Marriage may be solemnized by: (list is exclusive)

1. Any incumbent member of the judiciary within the court’s jurisdic�on.

2. Any priest, rabbi, imam or minister of any church or religious sect
3. Any ship captain or airplane chief (only in cases men�oned in Art 31)
4. Any military commander of a unit (only in cases men�oned in Art 32)
5. Any consul-general, consul, or vice-consul.
6. Incumbent Mayor of a city/municipality (Basis: secs. 444 and 445 of the Local
Government Code).

Ar�cle 8

Venue – this provision is discre�onary in nature; its non-observance will not invalidate a
marriage but can subject the person or persons who cause the viola�on to civil, criminal, or
administra�ve liability.

GENERAL RULE: The marriage shall be solemnized publicly, and not elsewhere:
1. In the chambers of the judge;
2. In open court;
3. In the church, chapel or temple;
4. In the office of the consul-general, consul or vice consul, and not elsewhere.

EXCEPT:
1. In marriages contracted at the point of death;
2. In remote places;
3. Marriage at a house or place designated by the par�es in a sworn statement upon
their writen to the solemnizing officer.
4. 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

Ar�cle 9

Place of Issue of the Marriage License – the local civil registrar of the city or municipality
where either of the par�es resides
**If the par�es obtain a marriage license in a place other than the place where either of them
resides, it is merely an irregularity
Ar�cle 10

- Marriages between Filipino ci�zens abroad may be solemnized by a consul-general,

consul or vice-consul of the Philippines.
- If Marriages between Filipino ci�zens abroad be solemnized by a consul-general,

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consul or vice-consul of the Philippines, The du�es of the local civil registrar with regard
to the celebra�on of marriage shall be performed by the consular official.

Ar�cle 11

Separate sworn applica�on which shall specify the ff.:

a. Full name of the contrac�ng party;
b. Place of birth;
c. Age and date of birth;
d. Civil status;
e. If previously married, how, when and where the previous marriage was dissolved
or annulled;
f. Present residence and ci�zenship;
g. Degree of rela�onship of the contrac�ng par�es;
h. Full name, residence, and ci�zenship of the father;
i. Full name, residence, and ci�zenship of the mother; and
j. Full name, residence and ci�zenship of the guardian or person having charge, in
case the contrac�ng party has neither father nor mother and is under the age of
twenty-one years.

Ar�cle 12

Requirements of Marriage Applica�on:

- Original birth cer�ficates or, in default thereof, the bap�smal cer�ficates of the
contrac�ng par�es or copies of such documents duly atested by the persons having
custody of the originals.

- These cer�ficates or cer�fied copies of the documents by this Ar�cle need not be
sworn to and shall be exempt from the documentary stamp tax. The signature and
official �tle of the person issuing the cer�ficate shall be sufficient proof of its
authen�city.

- When Original Birth Cer�ficate or Bap�smal Cer�ficate Need Not be Presented - The
presenta�on of birth or bap�smal cer�ficate shall not be required if the parents of
the contrac�ng par�es appear personally before the local civil registrar concerned
and swear to the correctness of the lawful age of said par�es, as stated in the
applica�on, 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.
Ar�cle 13

- In case either of the contrac�ng par�es has been previously married, the applicant
shall be required to furnish, instead of the birth or bap�smal cer�ficate required in the
last preceding ar�cle, the DEATH CERTIFICATE of the deceased spouse or the

23 | P a g e
(authen�c) JUDICIAL DECREE OF THE ABSOLUTE DIVORCE, or the (authen�c)
JUDICIAL DECREE OF ANNULMENT or DECLARATION OF NULLITY of his or her
previous marriage.

- In case the death cer�ficate cannot be secured, the party shall make an affidavit
se�ng forth this circumstance and his or her actual civil status and the name and
date of death of the deceased spouse

Ar�cle 14 - Parental Consent

- for par�es at least 18, 19, 20 y/o (at least 18 but above and below 21)
- Consent from: father, mother, surviving parent, guardian, or persons having legal charge of
them

Ar�cle 15 – Parental Advice

- For 21-25 y/o in keeping with Philippine tradi�on

- Absence of this does not affect the marriage; it does not even make the marriage annullable

Ar�cle 16

-In cases where parental consent or parental advice is needed, par�es should also atach a
cer�ficate that they have undergone marriage counselling

Ar�cle 17

Publica�on/pos�ng requirement:
- The local civil registrar shall prepare a no�ce which shall contain the full names and
residences of the applicants for a marriage license and other data given in the
applica�ons.
- The no�ce shall be POSTED for 10 consecu�ve days on a bulle�n board outside the
office of the local civil registrar located in a conspicuous place within the building and
accessible to the general public.
- This no�ce shall request all persons having knowledge of any impediment to the
marriage to advise the local civil registrar thereof.

Ar�cle 18-19

-In case of any impediment known to the local civil registrar or brought to his aten�on, he
shall merely note down the par�culars thereof and his findings in the applica�on for a
marriage license.
- The civil registrar is also duty bound to issue said license a�er payment of the fees unless
exempted due to indigence

24 | P a g e
-Only court interven�on direc�ng non-issuance of the marriage license can empower the local
civil registrar to validly refuse to issue said license

Ar�cle 20

-The marriage license is valid only within the Philippines and not abroad
- it is effec�ve for 120 days from the date of issue
- from the date of issue, it shall be claimed by the par�es; if not claimed and not used within
120 days, it shall be automa�cally become ineffec�ve

Ar�cle 21

- Ci�zens of foreign country may contract marriage in the Philippines

- If both par�es are foreigners, then they have to secure a marriage license in the Philippines.
Before the license is issued, they have to submit a Cer�ficate of Legal Capacity
- However, if the par�es are foreigners and they desire to have their marriage solemnized by
their country’s consul-general assigned here in the Philippines, they can get married before
such consul-general without procuring a marriage license here in the Philippines if their
country’s laws allow for the same.
- If they are stateless persons or refugees, they shall be required to file an affidavit sta�ng the
circumstances showing such capacity to contract marriage in lieu of the cer�ficate of legal
capacity.

Ar�cle 22

Contents of Marriage Cer�ficate:

(1) The full name, sex and age of each contrac�ng party;
(2) Their ci�zenship, religion and habitual residence;
(3) The date and precise �me of the celebra�on 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 contrac�ng par�es have secured the parental consent in
appropriate cases;
(6) That either or both of the contrac�ng par�es have complied with the legal
requirement regarding parental advice in appropriate cases; and
(7) That the par�es have entered into marriage setlement, if any, ataching a copy
thereof.

Ar�cle 23

Duty of the solemnizing officer: To prepare marriage cer�ficate: the original for the
contrac�ng par�es (either of them); 2 (duplicate and triplicate) for the LCR not later than 15
days a�er the celebra�on of the marriage; one (quadruplicate) shall be retained by the
solemnizing officer.

25 | P a g e
 Ar�cle 24-25

Effect of Duty of Local Civil Registrar

- any cer�fica�on issued by him or her in connec�on with any mater involving the
marriage of any par�cular individual within his or her jurisdic�on is given high proba�ve value

Marriage Register
- The office of the local civil registrar keeps a marriage register of all persons married
in its locality

Ar�cle 26

GENERAL RULE: 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 (LEX LOCI CELEBRATIONIS).

EXCEPTIONS:
a. Either or both par�es did not have the legal capacity to get married. (A35[1])
b. The marriage is immoral being bigamous or polygamous not falling under Art 41. (A35[4])
c. Consent of one party is lacking because of mistake as to the iden�ty of the other. (A35[5])
d. Subsequent marriages which are considered void due to lack of recording under Art. 53.
(A35[6])
e. One of the par�es is psychologically incapacitated at the �me of the marriage. (A36, FC)
f. Incestuous marriage. (A37)
g. Void marriages by reason of public policy. (A38)

- Divorce ini�ated by a Filipino is against public policy, thus, cannot be recognized. Art 15 of
NCC provides that laws rela�ng to family rights and du�es or to status, condi�on and legal
capacity of persons are binding upon ci�zens of the Phils, even though living abroad.

- Where a marriage between a Filipino ci�zen and a foreigner is validly celebrated and a
divorce is therea�er validly obtained abroad by the alien spouse capacita�ng him or her to
remarry, the Filipino spouse shall likewise have capacity to remarry under Philippine law

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