GQ Best Answers.
GQ Best Answers.
GQ Best Answers.
1. Explain briefly whether the President can order a law to be published in any form other
than in the OG or a newspaper of general circulation.
ANSWER:
The President cannot order the law to be published in any form other than the Official Gazette
because it is a legislative function, a task only to be performed by the legislative branch of the
government. Furthermore, Congress is the one that states when the law should take effect
and in what form should the law be published. (88)
ANSWER:
Laws shall take effect after 15 days following the completion of their publication either in the
Official Gazette or in a newspaper of general circulation in the Philippines, unless it is
otherwise provided.
According to Art. 2 of the Civil Code, laws shall take effect after 15 days following the
completion of their publication either in the Official Gazette, or in a newspaper of general
circulation in the Philippines, unless it is otherwise provided. (88)
ANSWER:
The clear object of this provision is to give the general public adequate notice of the various
laws which are to regulate their actions and conduct as citizens. Without such notice and
publication, there would be no basis for the application of the maxim ignoratia legis nominem
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excusat. It would be the height of injustice to punish or otherwise burden a citizen for the
transgression of a law which he had no notice whatsoever, not even a constructive one.
Moreover, Publication in accordance with Tañada is mandatory to comply with the due
process requirement because the Rules of Procedure put a person’s liberty at risk. (88)
Publication of the law serves as a notice to every citizen. According to Tañada vs Tuvera, the
Court stated that it would be the height of injustice to punish a citizen who had no notice of
the law which he violated. (88)
ANSWER:
Sec. 24 of the Revised Administrative Code requires that the following shall be published in
the Official Gazette:
The publication of any law, resolution or other official documents in the Official Gazette shall
be prima facie evidence of its authority.
Furthermore, Exec. Order 200 amended Article 2 of the NCC whereby the laws to be effective
must be published either in the Official Gazette or in a newspaper of general circulation in the
country. (88)
General laws, rules, and regulations which are mandatory and punitive in character should be
published in the Official Gazette. (88)
ANSWER:
Mandatory and Prohibitory Laws. In the case of DM Consunji vs. CA G.R No. 137873, April
20, 2001 the wife of the construction worker who died was ignorant of her right to claim under
the Employee Compensation Commission when she filed death benefits. Petitioner DM
Consunji invoked the Ignorance of the law provision but the SC rejected it. This may be
deduced from the language of the provision, which, notwithstanding a person’s ignorance,
does not excuse his or her compliance with the laws. The rule in Floresca allowing private
respondent a choice of remedies is neither mandatory nor prohibitory. Accordingly, her
ignorance thereof cannot be held against her. (88)
The laws referred to are those local laws, whether civil or penal, and whether substantive or
remedial. It also only applies to laws which are mandatory or prohibitive laws. (88)
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6. What is the difference between Ignorantia juris non excusat and Ignorantis facti
excusat? Give concrete examples in civil law.
ANSWER:
Art. 3 of the Civil Code: Ignorance of the law excuses no one from compliance therewith. This
presumption in Philippine law is based on convenience, public policy and necessity. It is
derived from the Latin maxim “ignorantia legis neminem excusat.” However, this rule only
refers to the existence of a law, not to mistakes regarding its application or interpretation. In
other words, every person in Philippine jurisdiction is presumed to know that a law regarding
a particular conduct exists, even though in reality, he has not read or even heard about the
the law before. If a person violates a law, even though in truth he does not know that such
law exists, such ignorance of its existence is not a valid legal defense and will not excuse him
from the legal consequences of the law’s violation.
However, if a person made a mistake borne out of a difficult question of law as to its
interpretation or application, such ignorance constitutes an excuse and is a valid legal
defense. (88)
These refer to Ignorance which may either be of law or fact. Ignorance of fact may excuse a
party from the legal consequences of his conduct but ignorance of law does not because
everyone is presumed to know the law. (88)
ANSWER:
Mistake of fact happens when one or both parties believe that the solemnizing officer had
authority to solemnize their marriage.
Mistake of law happens when one or both parties believe that the mayor had authority to
solemnize their marriage in 1989. (88)
ANSWER:
The general rule is the law moves forward. However, Art. 22 of the RPC and Art. 256 of the
FC ensures that vested rights acquired under the old laws shall be protected and shall in no
way be impaired by the repealing law. Art. 22 of the RPC further provides that it shall have a
retroactive effect so long as they favor the persons guilty of a felony who are not habitual
criminals. (88)
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These articles are important because these are exceptions to the general rule in Art. 4 NCC,
that laws are to be construed as having only prospective operation. (88)
ANSWER:
The general rule is that the law must be applied prospectively. It follows the legal maxim Lex
prospicit, non respicit. The maxim means, “the law looks forward not backward.” The
retroactive application of a law usually divests rights that have already become vested or
impairs the obligations of contract and hence, is unconstitutional (88)
This article is related to the rule in Article 3 that ignorance of the law excuses no one from
compliance therewith. The obligatory force of law presupposes that it has been promulgated
and made known to the citizen, therefore a law that has not yet become effective cannot be
conclusively known by the people. To make a law binding even before it has taken effect may
lead to arbitrary exercise of the legislative power. If a subsequent law repealing or
inconsistent with a prior one would be applied to an act made in pursuance of or under the
former law, the law itself would be inconsistent, injustice would be committed and the people
would never know what law to follow. Therefore as a general rule, laws are to be construed
as having only a prospective operation. (88)
ANSWER:
An example of a mandatory law is Article 804 of the New Civil Code, which provides that:
Every will must be in writing and executed in a language or dialect known to the testator.
According to the Family Code, husband and wife are obliged to live together. Furthermore,
the Family Code also obliges husband and wife are jointly responsible for the support of the
family. (88)
ANSWER:
An example of a prohibitory law is Article 818 of the New Civil Code on Joint Wills. The law
prohibits that two or more persons cannot make a will jointly, or in the same instrument, either
for their reciprocal benefit or for the benefit of a third person. (88)
According to the Civil Code, No person can change his name or surname without judicial
authority. (88)
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12. Give me an example of a directory law in civil law.
ANSWER:
Article 802. A married woman may make a will without the consent of her husband, and
without the authority of the court.
Article 803. A married woman may dispose by will of all her separate property as well as her
share of the conjugal partnership or absolute community property. (88)
According to the Civil Code, legitimate children and legitimated children shall use the
surname of the father. Adopted children shall bear the surname of the adopter. These laws
are examples of directory laws in Civil Law.
According to Art. 370 of the Family Code, a married woman may use: (1) her maiden first
name and surname and add her husband’s surname; (2) her maiden first name and her
husband’s surname; and (3) her husband’s full name, but prefixing a word indicating that she
is his wife, such as “Mrs.” Furthermore, Art. 379 of the Civil Code states that, the employment
of pen names or stage names is permitted, provided it is done in good faith, and there is no
injury to third persons. These CIvil Code provisions are an example of a permissive law. (88)
ANSWER:
Article 86 of the Family Code, which provides: A donation by reason of marriage may be
revoked by the donor in the following cases:(1) If the marriage is not celebrated or judicially
declared void ab initio except donations made in the marriage settlements, which shall be
governed by Article 81; (2) When the marriage takes place without the consent of the parents
or guardian, as required by law; (3) When the marriage is annulled, and the donee acted in
bad faith; (4) Upon legal separation, the donee being the guilty spouse; (5) If it is with a
resolutory condition and the condition is complied with; (6) When the donee has committed
an act of ingratitude as specified by the provisions of the Civil Code on donations in general.
(88)
According to Art. 370 of the Family Code, a married woman may use: (1) her maiden first
name and surname and add her husband’s surname; (2) her maiden first name and her
husband’s surname; and (3) her husband’s full name, but prefixing a word indicating that she
is his wife, such as “Mrs.” Furthermore, Art. 379 of the Civil Code states that, the employment
of pen names or stage names is permitted, provided it is done in good faith, and there is no
injury to third persons. These CIvil Code provisions are an example of a permissive law. (88)
ANSWER:
The three (3) essential elements of a valid waiver, thus: "(a) existence of a right; (b) the
knowledge of the existence thereof; and, (c) an intention to relinquish such right.".
The Court expounded on these requisites stating that (a) waiver is made knowingly and
intelligently must be illustrated on the record or by evidence; (b) The person waiving must be
capacitated to make such waiver; (c) The person waiving must actually have the right he is
renouncing; (d) The waiver must be made clearly, but not necessarily expressed; (e) Waiver
must not be contrary to law, morals public policy public order and good customs. (f) The
waiver must not prejudice a right recognized by law. (88)
ANSWER:
a. Natural Rights – Those which grow out of the nature of man and depend upon personality
(e.g., right to life, liberty, privacy, and good reputation).
c. Civil Rights– Those that pertain to a person by virtue of his citizenship in a state or
community (e.g., property rights, marriage, equal protection of laws, freedom of contract,
trial by jury) (88)
Rights may be classified into political and civil rights. The political rights are those referring to
participation of persons in the government of the State, while civil rights include right to life,
physical security, to honor, and to individual liberty. There is also the right to teach and learn
freely, the right to write, to speak and the right to work. There are other rights such as the
right to collect a debt, right to sue, right to indemnity, among others. There are rights granted
to a person by the Constitution, such as those enumerated under the Bill of Rights in Art. III.
(88)
ANSWER:
Civil Rights and Patrimonial Rights. Art. 6 of the NCC provides that: rights may be waived,
unless the waiver is contrary to law, public order, public policy, morals, or good customs, or
prejudicial to a third person with a right recognized by law.
Moreover, jurisprudence explains that waiver is valid and effective so long as it is couched in
clear and unequivocal terms which leave no doubt as to the intention of a party to give up a
right or benefit which legally pertains to him. (88)
Political and civil rights may be waived, except for the right to life. The doctrine of waiver is
applicable to all rights and privileges to which a person is legally entitled, whether secured by
contract, conferred by statute, or guaranteed by the Constitution, provided that such rights
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and privileges rest in the individual and are intended for his sole benefit. The waiver also has
to meet the required requisites for its validity and must not be contrary to provisions of law.
(88)
17. Give an example of a civil law, or parts thereof, which has been impliedly repealed.
ANSWER:
Article 26 of the Family Code and in the case of Republic of Manalo wherein the SC also held
that a foreign decree of divorce may be recognized in the Philippines although it was the
Filipino spouse who obtained the same. (88)
Article 13 of the NCC was impliedly repealed by Sec. 31 of the Administrative Code. Under
the Civil Code a year is equivalent to 365 days while the Administrative Code states that a
year is composed of 12 months. There obviously exists a manifest incompatibility in the
manner of computing legal periods. Hence the Court ruled that the Administrative Code being
a more recent law governs the computation of legal period. (88)
ANS: Repeal by implication proceeds on the premise that where a statute of later date clearly
reveals an intention on the part of the legislature to abrogate a prior act on the subject, that
intention must be given effect. (88)
If the provision of two acts on the same subject are in an irreconcilable conflict, the later act to
the extent of the conflict constitutes an implied repeal on the prior act. However, if the later
act covers the whole subject of the prior act and is clearly intended to substitute it will operate
to repeal the earlier law. If a prior law is impliedly repealed, the repeal of the releasing law will
revive the prior law unless the language of the last law provides otherwise. (88)
ANS: The difference between a Custom and a Law is that a custom is formed by repetition of
acts uniformly based and observe as a social rule, such custom must be done habitually; a
law, is created through the initiative of the congress. (88)
A custom is a rule of human action established by repeated acts, and uniformly observed or
practiced as a rule of society, through the implicit approval of the lawmakers, and which is
therefore generally obligatory and legally binding. While laws are rules of conduct or action
prescribed or formally recognized as binding or enforced by a controlling authority. Laws are
promulgated by legislature and enforced by the executive branch of government. Unlike
customs, laws need not be proven as a fact and there is no need for repeated acts in order to
make the law effective. (88)
ANSWER:
Custom must be proved as a fact, according to the rules of evidence. There must be a
showing of the following before custom may be used:
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a. Plurality of acts
b. Uniformity of acts
c. General practice by the great mass of people of the country or community
d. Continued practice for a long period of time
e. General conviction that the practice is the proper rule of conduct
f. Conformity with law, morals, or public policy (88)
A custom must be proven as a fact, according to the rules of evidence. There must be a
number of repeated acts and these acts must have been uniformly performed. They must not
be contrary to law, public order, or public policy. And there must be a juridical intention to
make a rule of social conduct within a sufficient lapse of time. (88)
21. What is the difference between Article 13 and Sec. 31 of the Revised Administrative
Code?
ANSWER:
As provided for by the Civil Code, a “year” is equivalent to 365 days whether it be a regular or
a leap year.
As provided for by the Revised Administrative Code, a “year” is composed of twelve (12)
months. A “month” is composed of thirty (30) days. A “day” is composed of twenty-four (24)
hours. (88)
Article 13 of the Civil Code and Section 31 of the Administrative Code deal with the same
subject matter, the computation of legal periods. However, under the Civil Code, a year is
equivalent to 365 days whether it be a regular year or a leap year. Under the Administrative
Code of 1987, a year is composed of 12 calendar months. Needless to state, under the
Administrative Code of 1987, the number of days is irrelevant. There obviously exists a
manifest incompatibility in the manner of computing legal periods under the Civil Code and
the Administrative Code of 1987. For this reason, The Court held that Section 31 of the
Administrative Code being the more recent law, governs the computation of legal periods.
Lex posteriori derogat priori. (88)
22. From the cases you have read, give one example each of the Nationality Principle in:
a. Marriage – In Tenchavez v. Escaño, the Supreme Court ruled that, the valid marriage
between Pastor Tenchavez and Vicenta Escaño remained subsisting and undissolved
under Philippine Law, notwithstanding the decree of absolute divorce that the wife sought
and obtained from the State of Nevada, on grounds of "extreme cruelty, entirely mental in
character". At the time the divorce decree was issued, Vicenta Escaño, like her husband,
was still a Filipino citizen. She was then subject to Philippine law, and Article 15 of the
Civil Code of the Philippines, already in force at the time, expressly provided: "Laws
relating to family rights and duties or to the status, condition and legal capacity of person
are binding upon the citizens of the Philippines, even though living abroad."
b. Succession – In Amos vs. Bellis, Article 16, par. 2, and Art. 1039 of the Civil Code,
render applicable the national law of the decedent, in intestate or testamentary
successions, with regard to four items: (a) the order of succession; (b) the amount of
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successional rights; (e) the intrinsic validity of the provisions of the will; and (d) the
capacity to succeed.
c. Property – In Tayag vs. Benguet Consolidated, it is often necessary to have more than
one administration of an estate. When a person dies intestate owning property in the
country of his domicile as well as in a foreign country, administration is had in both
countries. That which is granted in the jurisdiction of decedent's last domicile is termed
the principal administration, while any other administration is termed the ancillary
administration. (88)
Marriage: In Republic vs Orbecido III, the Court applied the nationality principle in stating that a
divorce decree that was obtained by a foreigner spouse against a filpino allows the Filipino
spouse to remarry again.
Succession: in Amos vs Bellis, the Court applied the nationality principle in stating that the
national law of the decedent shall apply to 4 items: (1) order of succession, (2) amount of
successional rights, (3) intrinsic validity of the will, and (4) the capacity to succeed.
Property: In Tayag vs Benguet Consolidated, the Court stated that the domiciliary place of the
decedent shall have principal administration over his properties there and the other
administration shall have ancillary administration. (88)
23. From the cases you have read, what do you understand by this principle of
sovereignty? Give one example in civil law.
ANSWER:
Sovereignty refers to the exercise of power by a state or country. It refers to the full right and
power of the government to manage that state without having any help or interference from
other political entities. It is also the legitimate authority or supreme legitimate authority or
supreme authority within a territory. (88)
In the case of Falcis vs Civil registrar, the principle states that it is the people in their
sovereign capacity to decide on issues affecting their rights and obligations. And in the
exercise of this sovereign power, the people granted full discretionary authority and have
been delegated to the legislative or executive branch of the government.
Another example is in the case of Raytheon, the Philippine court may proceed to try the case
even if the rules of the conflict of laws point to a foreign forum. This is an exercise of
sovereign prerogative of the country where the case is filed. (88)
When the contracting parties enter into a contract with a choice of law clause, and when a
case is filed in a Philippine court and where the court has jurisdiction over the subject matter,
the parties and the res. The Philippine court may or can proceed to try the case even if the
rules of conflict-of-laws or the convenience of the parties point to a foreign forum. This is an
exercise of sovereign prerogative of the country where the case is filed. (88)
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25. From the cases you have read, what do you understand by human relations?
ANSWER:
Human Relations relates that every person should act with justice and fairness towards
others, to give everyone fair credit what is due to the, and that no one should be unjustly
enriched. That everyone person has the duty and responsibility to act consciously to prevent
damage or harm to other people. (88)
It means that every person, in exercising the rights, may act in the legitimate exercise of
these rights as long as these acts cause no injury to others or prejudice others rights. It may
also be the source of rights indemnifying acts which causes damage to a person. (88)
26. Give a concrete example in your everyday life (group 5 has no answer)
ANSWER:
In the exercise of a person's right to travel, particularly driving a motor vehicle. A person must
in the exercise of legal right or duty, act in good faith. He would be liable if he instead acted in
bad faith, with intent to prejudice another. (88)
27. Using a table, what is the difference between Juridical Capacity and Capacity to Act?
ANSWER:
Fitness of a man to be the subject of legal The power to do acts with juridical effects.
relations
Lost only through death Lost through death and other causes
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Juridical capacity can exist without capacity to Capacity to act always exist with juridical
act capacity
Juridical capacity is not limited Capacity to act is limited by Art 38 and Art 39 of
the NCC. (88)
28. What are the effects of death on persons and families, on obligations and contracts?
ANSWER:
Upon the death of a person or a decedent, some of his rights and obligations that are
personal to him are completely extinguished, thus his juridical capacity to be a subject to legal
relations is also extinguished. However, according to law, some of his property, rights and
obligations which are not purely personal to him, may be transmitted to his heirs or
successors, as provided for by his will or by operation of law. (88)
ANSWER:
Minority and Civil interdiction. Minority as an incapacity will automatically cease when the
person attained the age of majority. Civil interdiction as an incapacity will automatically
ceased when the person has already completed his sentence. (88)
ANSWER:
a. Civil interdiction
b. State of being Deaf Mute
c. Absence
d. Insanity
e. Prodigality (88)
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Incapacity that need court order to cease to exist are insanity, prodigality, insolvency and
trusteeship, and being an alien. (88)
31. Which cases of incapacity are inherent and will continue till death?
ANSWER:
Incapacity that are inherent and will continue till the death of the person are being deaf-
mutism, insanity, and family relation. (88)
32. Compare the capacities of the following as to contractual capacity using the table
above:
ANS:
0%----------25%----------50%---------75%----------100%
a. A fetus – 5% The legal capacity of a fetus is essentially limited, because it is only for
purposes favorable to the and it is provisional or conditional, because it depends upon
the child being born alive later, such that if it is not born alive, its personality disappears
as if it had never existed
b. An infant – 10% The infant acquires juridical capacity and legal personality to contract
upon birth, however, as an infant, the court may appoint the parent or guardian as
administrator of his affairs up to such time he is able to handle such things;
c. A 15 year old – 25% He/she may have full capacity to contract if he/she acted with
discernment, but if the 15 year old entered the contract through threat, coercion and
intimidation, such contract may be voidable
d. An 18 year old – 50% He/She is presumed to have a full capacity to contract without any
need from parents or guardian as long as he is not declared incapacitated by the court.
e. A married person – 75% Either spouse has a partial capacity to contract because the
consent of the spouse is needed in entering contracts that concerns the benefit of their
property regime.
f. A single person above 25 – 85% He/she is presumed to have a full capacity to contract.
(88)
1) A fetus: A fetus has no legal personality because it is still inside the body of the mother.
2) An infant: An infant has no contractual capacity because he or she is still a minor.
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3) A 15 year old: A contract entered by a 15 year old is voidable because they have limited
contractual capacity due to minority.
4) An 18 year old: A contract entered by an 18 year old will be valid because they have
attained the age of majority.
5) A married person: A married person has limited contractual personality in the sense that
they can only dispose of their property only if his or her spouse gives his or her consent to the
sale if the subject property is conjugal property.
6) A single person above 25: A single person above 25 has full contractual capacity and may
enter into a contract he or she desires. (88)
GROUP QUIZ #2
(55.5/68)
A marriage contract is a permanent contract that can only be entered by a man and a woman. It
can only be dissolved by death of one of the contracting parties, unless it is annulled or declared
null and void for legal causes as decided by the court. The rights and duties of the contracting
parties are fixed by law and cannot be subject to any other stipulation, except in marriage
settlements where parties may fix their property relations to a certain extent before they enter the
contract of marriage. That in cases of breach in the obligations of husband and wife does not give
rise to such action, but the law prescribes civil and penal sanction in violation thereof.
An ordinary contract, the agreement of the parties has the force of law between them. It can be
extinguished upon fulfillment of the obligation between the parties. That in cases of breach of
contract, it gives rise to an action for damages
2. What is the difference between Martinez v. Tan 12 Phil 731and Morigo v People, G.R. No.
145226, February 06, 2004?
The difference in the case of Morigo vs. People and Martinez vs. Tan is that, in Morigo, the first
marriage contracted by Mr. Morigo’s marriage with Barrete [wife] is void ab initio considering that
there was no actual marriage ceremony performed between them by a solemnizing officer instead
they just merely signed a marriage contract; it was void ab initio due to lack of ceremony and
solemnizing officer so it does not bear any legal effect; it has been noted that absence of any
essential requisites, renders the marriage void.
While in the case of Martinez vs. Tan, there is valid marriage between the parties, that even if
they claim that they merely signed a document for their marriage, the validity of their marriage
was proven. It was proven that both parties were able to read and write the Spanish language,
and that they knew the contents of the document which they signed; and under the circumstances
in this particular case were satisfied and what took place before the justice of peace on this
occasion amounted to a legal marriage. The essential requisites of a valid marriage were present
in this case.
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3. Compare and contrast: The cases of Wiegel and Terre. The cases of Bobis, Morigo and Abbas
In the case of Wiegel, the Supreme Court stated that although the marriage may be null and void,
the parties are not allowed to assume its nullity and that there is a need of a judicial declaration of
such fact before the parties can marry again, otherwise the second marriage will be void. This
ruling is consistent with Article 40 of the Family Code.
In the case of Terre, the Supreme Court stated here that even if the first marriage contracted was
incestuous because the spouses in the first marriage were first cousins, a judicial declaration of
nullity of marriage is still essential in order for the other spouse to remarry.
That in both cases, concerning Article 40 and 41 of the Family Code, a Judicial Declaration of
Nullity of Marriage is essential for the second marriage of either spouse to be valid.
In the case of Bobis, it was held that parties to a marriage are not permitted to judge for
themselves its nullity; that only competent courts have the authority to do so. That before the
issuance of the judicial declaration of nullity a party remarries, he is assumes the risk of being
liable for bigamy.
In the case of Morigo, it was held that there is no bigamy, because the offender has not been
legally married in his first marriage. There is no first marriage because such marriage is void ab
initio because their marriage lacks consent because it was not solemnized in the presence of the
solemnizing officer. It was ruled that a judicial declaration of nullity is no longer needed.
In the case of Abbas, it was noted by the Supreme Court, even if the motive of Syed Abbas in
seeking to annul his marriage to Gloria was to evade a bigamy case, their marriage is still
considered void ab initio for lack a valid marriage license. The lack of marriage license cannot be
attributed to him, as it was Gloria who took steps to procure the same. Marriage license, a formal
requisite, is clearly absent, their marriage is void. There is no need for a judicial declaration of
nullity of marriage.
It can be inferred in these cases that in voidable marriages, once annulled, presentation of a
Judicial Declaration of Nullity of Marriage is needed in order for either party to contract a
subsequent marriage. While in void marriages, it is not necessary for the parties to present a
Judicial Declaration of Nullity of Marriage in order for either parties to contract a subsequent
marriage.
(1) In which cases did the Supreme Court grant a nullity of marriage based on Article 36?
(2) Why did the Supreme Court grant the nullity of marriage in those cases?
(3) What were the reasons why nullity was denied in the other cases?
a. Granted
Reason:
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Chi Ming Tsoi vs. CA The Supreme Court stated that, one of the essential marital
obligations under the Family Code is to procreate children.
Constant non-fulfillment of this obligation will destroy the
integrity or wholeness of the marriage. In the case at bar, the
senseless and protracted refusal of one of the parties to fulfill
the above marital obligation is equivalent to psychological
incapacity.
Antoni vs. Reyes The Supreme Court stated that, respondent’s fantastic ability to
invent and fabricate stories and personalities enabled her to
live in a world of make-believe. This made her psychologically
incapacitated as it rendered her incapable of giving meaning
and significance to her marriage. The root cause of
respondent’s psychological incapacity has been medically or
clinically identified, alleged in the complaint, sufficiently proven
by experts, and clearly explained in the trial court’s decision.
Te vs. Te The marriage was declared null and void under Article 36. The
psychologist who provided expert testimony found both parties
psychologically incapacitated. Petitioner’s behavioral pattern
falls under the classification of dependent personality disorder,
and respondent’s, that of the narcissistic and antisocial
personality disorder. There is no requirement that the person to
be declared psychologically incapacitated be personally
examined by a physician, if the totality of evidence presented is
enough to sustain a finding of psychological incapacity.
Halili vs. Halili It was found that, petitioner’s dependent personality disorder
was evident in the fact that petitioner was very much attached
to his parents and depended on them for decisions.
Camacho vs. Reyes It was found by that Supreme Court that in the instant case,
respondent’s pattern of behavior manifests an inability, nay, a
psychological incapacity to perform the essential marital
obligations as shown by his: (1) sporadic financial support; (2)
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extra-marital affairs; (3) substance abuse; (4) failed business
attempts; (5) unpaid money obligations; (6) inability to keep a
job that is not connected with the family businesses; and (7)
criminal charges of estafa.
Kalaw vs. Fernandez The Supreme Court stated that, the determinant should be her
[wife] obvious failure to fully appreciate the duties and
responsibilities of parenthood at the time she made her marital
vows. Had she fully appreciated such duties and
responsibilities, she would have known that bringing along her
children of very tender ages to her mahjong sessions would
expose them to a culture of gambling and other vices that
would erode their moral fiber. Nonetheless, the long-term
effects of the respondent’s obsessive mahjong playing surely
impacted on her family life, particularly on her very young
children.
Dela Fuente vs. Dela It was found by the Supreme Court that, respondent's repeated
Fuente behavior of psychological abuse by intimidating, stalking, and
isolating his wife from her family and friends, as well as his
increasing acts of physical violence, are proof of his depravity,
and utter lack of comprehension of what marriage and
partnership entail. It would be of utmost cruelty for this Court to
decree that petitioner should remain married to respondent.
After she had exerted efforts to save their marriage and their
family, respondent simply refused to believe that there was
anything wrong in their marriage. This shows that respondent
truly could not comprehend and perform his marital obligations.
This fact is persuasive enough for this Court to believe that
respondent's mental illness is incurable.
Republic vs. Javier The Supreme Court emphasizes that the factual circumstances
obtaining in this specific case warrant the declaration that
Martin [husband] is psychologically incapacitated to perform the
essential marital obligations at the time of his marriage to
Michelle. This is neither a relaxation nor abandonment of
previous doctrines relating to Article 36 of the Family Code. The
guidelines in Molina still apply to all petitions for declaration of
nullity of marriage inasmuch as this Court does not lose sight of
the constitutional protection to the institution of marriage.
Republic vs. Mola Cruz The Supreme Court agreed that the disorder was found by the
CA to have begun when Liezl was an adolescent and continued
well into adulthood. It fully appreciated Liezl’s psychological
evaluation that revealed her unconsciousness of her disorder.
The courts a quo duly connected such aberrant acts of Liezl as
actual manifestations of her histrionic personality disorder. A
person with such a disorder was characterized as selfish and
egotistical, and demands immediate gratification. These traits
were especially reflected in Liezl’s highly unusual acts of
allowing her Japanese boyfriend to stay in the marital abode,
sharing the marital bed with his Japanese boyfriend and
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introducing her husband as her elder brother, all done under
the threat of desertion. Such blatant insensitivity and lack of
regard for the sanctity of the marital bond and home cannot be
expected from a married person who reasonably understand
the principle and responsibilities of marriage.
b. Denied
Reason:
Santos vs. CA The Supreme Court held that psychological incapacity should
refer to no less than a mental (not physical) incapacity that
causes a party to be truly incognitive of the basic marital
covenants that concomitantly must be assumed and discharged
by the parties to the marriage which, as so expressed by Article
68 of the Family Code, include their mutual obligations to live
together, observe love, respect and fidelity and render help and
support. The psychological condition must exist at the time the
marriage is celebrated and must be incurable. Mere
abandonment cannot therefore qualify as psychological
incapacity on the part of Julia.
Republic vs. Olaviano The Supreme Court stated that, what constitutes psychological
Molina incapacity is not mere showing of irreconcilable differences and
confliction personalities. It is indispensable that the parties must
exhibit inclinations which would not meet the essential marital
responsibilities and duties due to some psychological illness.
Najera vs. Najera The Supreme Court agreed that, the evidence presented by
petitioner regarding the physical violence or grossly abusive
conduct toward petitioner and respondent’s abandonment of
petitioner justifiable cause for more than one year are grounds
for legal separation only and not for annulment of marriage
under Article 1 of the Family Code.
Viñas vs. Viñas The Supreme Court stated that, in the case of Mary Grace [wife],
the documentary evidence offered do not sufficiently prove the
root cause, gravity and incurability of her condition and that it
existed at the inception of the marriage.
Malilin vs. Jamesolamin The Supreme Court agreed that, the root cause of the alleged
psychological incapacity of Luz was not medically or clinically
identified, and sufficiently proven during the trial. Based on the
records, Robert failed to prove that her disposition of not
cleaning the room, preparing their meal, washing the clothes,
and propensity for dating and receiving different male visitors,
was grave, deeply rooted, and incurable within the parameters
of jurisprudence on psychological incapacity.
Castillo vs. Republic The Supreme Court finds that there exists insufficient factual or
legal basis to conclude that Felipe's sexual infidelity and
irresponsibility can be equated with psychological incapacity as
contemplated by law. Aside from the psychologist, petitioner did
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not present other witnesses to substantiate her allegations on
Felipe's infidelity notwithstanding the fact that she claimed that
their relatives saw him with other women. Her testimony,
therefore, is considered self-serving and had no serious
evidentiary value.
Del Rosario vs. Del Rosario The Supreme Court stated that, there must be proof of a natal or
supervening disabling factor in the person - an adverse integral
element in the personality structure that effectively incapacitates
the person from really accepting and thereby complying with the
obligations essential to marriage - which must be linked with the
manifestations of the psychological incapacity.
Bakunawa vs. Bakunawa The Supreme Court held that, in this case, the supposed
personality disorder of Manuel could have been established by
means of psychometric and neurological tests which are
objective means designed to measure specific aspects of
people's intelligence, thinking, or personality.
Garlet vs. Garlet The Supreme Court held that what Ms. De Guzman is saying is
that respondent was a spoiled child, and while it can be said that
respondent has grown up to be a self-centered and self-
indulgent adult, it still falls short of establishing respondent's
psychological incapacity characterized by gravity, juridical
antecedence, and incurability, to render respondent's marriage
to petitioner void ab initio.
Republic vs. Tionglico The Supreme Court stated that, the psychologist, using meager
information coming from a directly interested party, could not
have secured a complete personality profile and could not have
conclusively formed an objective opinion or diagnosis of
Angelito’s psychological condition. To make conclusions and
generalizations on a spouse’s psychological condition based on
the information fed by only one side, as in the case at bar, is, to
the Court’s mind, not different from admitting hearsay evidence
as proof of the truthfulness of the content of such evidence.
Apart from the psychiatrist, Katrina did not present other
witnesses to substantiate her allegations on Lawrence’s
psychological incapacity. Her testimony, therefore, is considered
self-serving and had no serious evidentiary value.
Dan vs. Dan The Supreme court ruled that petitioner’s depiction of
respondent as irresponsible, childish, overly dependent on
his mother, addicted to video games, addicted to drugs, lazy,
had poor hygiene, and his refusal or unwillingness to assume
the essential obligations of marriage, are not enough. These
traits do not equate to an inability to perform marital obligations
due to a psychological illness present at the time the marriage
was solemnized. Psychological incapacity must be more than
just "difficulty," "refusal," or "neglect" in the performance, of
some marital obligations. It is not enough the respondent,
alleged to be psychologically incapacitated, had difficulty in
complying with his marital obligations, or was unwilling
to perform these obligations.
Eliscupidez vs. Eliscupidez In the present case, however, the totality of the evidence
presented by the petitioner fails to convince this Court that
respondent suffered from a psychological incapacity that is
permanent or incurable, and that has existed at the time of the
celebration of the marriage. Although respondent was said to
have exhibited "dramatic, extroverted behavior" who was "prone
to insecurities and aggressive outbursts of emotions," these
characterizations fell short of proving that she was
psychologically incapacitated to assume her marital
responsibilities.
A void marriage as to its nature is inexistent from time of performance, it cannot be convalidated,
it follows the rules of co-ownership as there is no community property, children are illegitimate
except those who falls under certain exceptions as provided for by the law and it may be
impugned directly or collaterally and can still be impugned even after the death of the spouses.
A voidable marriage is valid until annulled by a competent court, can be convalidated through
prescription or cohabitation, absolute community exists unless another property regime has been
agreed upon, children are legitimate if conceived before the decree of annulment and it cannot be
impugned collaterally.
1. Co-habitation where the parties are living 1. Co-habitation where the parties are
exclusively with each other as husband and NOT living exclusively with each
wife and are capacitated to marry each other other as husband and wife
4. Void marriages due to mistake in identity 4. Void marriages where either party is
below 18 years of age
ACP CPG
When it At the precise moment of Default property
commences the celebration of the regime for marriages
marriage [Art. 88, FC]
celebrated before the
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Family Code took
effect
Everything acquired by
them during marriage
through their own efforts
Everything acquired by
them during marriage
through their own efforts
Property purchased by
installment, paid partly with
conjugal funds and partly
with exclusive funds, if full
ownership was vested
during the marriage; the
CPG shall reimburse the
owner- spouse [Art. 118,
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FC]
Improvement on exclusive
property: if original value <
new value (where new
value = value of land +
value of improvements +
net change in value), then
land becomes conjugal
property, subject to the
reimbursement of the
value of the property of the
owner-spouse at the
dissolution of the CPG
Property purchased by
installment, paid partly
with conjugal funds
and partly with
exclusive funds, if full
ownership was vested
before the marriage
(Art. 118, FC)
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i. Spouses;
ii. Common children;
iii. Legitimate children of previous marriage;
iv. Illegitimate children – follow the provisions
on Support; common property liable in
case of absence or insufficiency of the
exclusive property of the debtor-spouse,
but the payment shall be considered as an
advance to the share of the debtor-spouse.
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of the spouses or for the benefit of the family.
in cases of donation of
conjugal partnership
property, which is
prohibited.
Exceptions:
1. Receivership
2. Judicial separation of property
3. Authority to be the sole administrator of the
absolute community, subject to precautionary
8. Conjugal dwelling
goes to:
i. Spouse with
whom majority
of common
children choose
to remain
(below 7 y.o. =
deemed to
have chosen
the mother
based on the
tender years
presumption)
ii. Whoever the
court chooses
in case of lack
of majority
3. Compare the rights of biological parents and adoptive parents in the estate of an adopted
child.
Can only inherit via Testate Adoptive parents can inherit because
succession. of reciprocal rights with the adopted
child.
Cannot inherit from the adopted child Can inherit by testate or intestate
via Intestate or legal succession. succession.
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When the parents (Legitimate or illegitimate) of the adopted child concur with
the adopters, they shall divide the entire estate, ½ to be inherited by the
parents and the other half by the adopter.
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