midterms Flashcards

Question

Narrate the process of obtaining a marriage license.

Answer 1

1) The parties would personally go to the local civil registrar and apply for a marriage license separately without need to present any proof of residence. They shall state in their application form their basic information, information on any previous marriage, their degree of relationship, and the information of their parents. 2) They shall present a proof of age and any judicial decree of nullity, annulment, or divorce or the death certificate of a previous spouse, if applicable. 3) If any of the parties are aged 18-20, then they would need parental consent manifested either by an affidavit by the parents with two legal witnesses or the personal appearance of the parents. If they are aged 21-24, then they need parental advice manifested in a sworn statement by the contracting parties. The lack of advice leads to a 3-month delay in the issuance of the marriage license. 4) When the parties are aged 18-24, they would need to undergo marriage counseling either by an accredited marriage counsellor or an authorized religious clergyman. The lack of counselling leads to a 3-month delay in the issuance of a marriage license. 5) The parties would have to obtain a certificate of compliance with the local Family Planning Office that they have been sufficiently informed about responsible parenthood, family planning, breastfeeding, and child nutrition. Without the certificate of compliance, no marriage license may be issued. 6) After all requirements have been submitted, the LCRO shall publicize the names, residences, and other data of the applicants for 10 days. After such the marriage license shall be issued and will be valid for 120 days.

Answer 2

(1) Non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude; (2) Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband; (3) Concealment of sexually transmissible disease, regardless of its nature, existing at the time of the marriage; or (4) Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage.

Answer 3

(1) Those contracted by any party below eighteen years of age even with the consent of parents or guardians; (2) Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so; (3) Those solemnized without license, except those covered the preceding Chapter; (4) Those bigamous or polygamous marriages not failing under Article 41; (5) Those contracted through mistake of one contracting party as to the identity of the other; and (6) Those subsequent marriages that are void under Article 53.

Answer 4

Abandonment was discussed in Dela Cruz v. Dela Cruz. In this case, the wife claimed she was abandoned because her husband left their conjugal home yet continued to send in regular allowances and visited his children. The Court held that for abandonment to be a ground for legal separation, there must be physical, moral, and financial desertion where the husband abandons the wife not only physically but also his marital obligations to her without any intention to return.

Answer 5

Both cases refer to gross immorality as an administrative offense. In Escritor, she was a court employee who was charged with gross immorality for openly cohabiting with a married man while she was also married. In Banaag, the woman in question had an illicit affair with Banaag's husband. The main difference was that for Escritor, her cohabitation with her live-in partner was recognized by her faith, the Jehovah's Witnesses, through a Declaration of Pledging Faithfulness by which her religion would deem their relationship as moral. Since the Court wanted to avoid a secular law going in conflict with a religious view of morality, the Court upheld Escritor's religious freedom and acquitted her from gross immorality.

Answer 6

Based on Atilano, a wife is not entitled to support if her reason for leaving her husband was because she did not like her mother-in-law. However, this can be dealt with on a case-by-case basis since in the CA, the Court held that when a man is in his 40s and unreasonably wants to live with his mother despite his wife's apprehensions, she may be justified in leaving him. Today, the Court may decide this based on Art. 69 of the FC. Wives have equal power as husbands to decide on the family domicile, and if the wife wishes to live separately at the behest of her husband, she may take him to court so that the court can decide on the merits of their case.

Answer 7

Constructive abandonments was demonstrated in Partosa-Jo v. CA where the wife, after leaving her husband in a temporary agreement to live separately, returned to him and was refused by the husband. When a person who stays in the conjugal home was considered to be the one who left, it is constructive abandonment because in effect, it was the husband, not the wife, who demonstrated his desire to abandon all marital obligations to his wife.

Answer 8

No, it cannot. Since legal separation is merely the bed-and-board separation of spouses, the vinculum of marriage remains intact after separating. In turn, when a spouse dies, the marriage is dissolved and hence, the proceedings become moot.

Answer 9

No, because one's civil personality expires after death.

Answer 10

No, the law does not require any specific form of marriage ceremony as long as there are two witnesses of legal age, an authorized solemnizing officer, and the personal appearance of the parties.

Answer 11

Condonation. When the innocent spouse, after the marital offense was committed, was made aware of the offense and forgives the other spouse. This may be implied through cohabitation of the spouses even for just one night, since cohabitation presumes sexual intercourse and it implies the resumption of a regular marriage. Consent. When the innocent spouse consented to the commission of a marital offense before it was committed. It may be express or implied, where in the latter, an innocent spouse may either show indifference to the act or give ill-advice on the matter which would lead to the guilty spouse inferring that the other spouse consents. Connivance. When an innocent spouse secretly allows and desires the guilty spouse to commit the guilty act. Mutual Guilt. When the innocent spouse also commits a marital offense which is a cause for legal separation. Collusion. When both spouses collude to produce the outcome of legal separation. This can be done in three ways: by deliberately letting one commit a marital offense, by fabricating the existence of a marital offense, or by failing to raise a defense for legal separation. Prescription. When the grounds for legal separation has prescribed (five years from the occurrence of the cause).

Answer 12

Exceptions: (1) If parents appear before the LCR and swear to the correctness of the age of the parties (2) When the LCR shall, by merely looking at the applicants, is convinced that both of them are of required age. (3) When either party was previously married, then that party is no longer required to present a proof of age because there is a presumption that they are of legal age (Art. 13, FC)

Answer 13

Art. 26 has two paragraphs, the first enshrining the principle of lex loci celebrationis where a marriage validly performed abroad shall also be valid in the Philippines as long as they are not against public policy or there are no impediments to a person's legal capacity. The second, meanwhile, recognizes that a foreign divorce validly obtained abroad by a foreign spouse which capacitates him/her to remarry shall also have the same effect with the Filipino spouse. In Morisono, since the marriage between a Japanese and a Filipino was divorced through a "divorce by agreement" obtained in City Hall, if it is proven that the divorce by agreement is consistent with Japanese law and that it capacitates the Japanese spouse to remarry again, then the Filipino spouse may also enjoy the same effects.

Answer 14

In the Civil Code, prescription for legal separation is 1 year from the time the innocent spouse found out of the cause for legal separation and 5 years from the occurrence of the cause. In the Family Code, prescription is 5 years from the occurrence of the cause.

Answer 15

No, she cannot. In Laperal v. Republic, the Court held that since legal separation is simply a separation of bed and board, it does not sever the marriage ties and therefore the wife cannot change her surname.

Answer 16

Yes, she can. In Tolentino v. CA, the Court held that the effect of a divorce is similar to the effect of death in a marriage where a wife may continue using her husband's surname, provided that she does not misrepresent herself as the legal wife of her ex-husband, especially if he remarries. For the second question, she can also use her maiden name again after divorce. Again, divorce is similar to the death of a spouse, and the severance of marriage ties lets a woman revert back to her maiden name post-marriage.

Answer 17

1) The spouses shall be entitled to live apart. 2) Their property regime shall be liquidated where the guilty spouse shall have no share in the net profits and shall default in favor of their common children, the guilty spouse's own children, or the innocent spouse, in that order. 3) Custody of children shall be awarded to the innocent spouse. 4) The guilty spouse shall be disqualified from inheriting from the innocent spouse by intestate succession. 5) The innocent spouse may revoke donations made by him/her in favor of the guilty spouse. 6) The innocent spouse may revoke the guilty spouse's designation as a beneficiary in an insurance policy, even if the policy is irrevocable.

Answer 18

1) Marriage is a permanent contract which cannot be dissolved while ordinary contracts may be dissolved as stipulated in the contract. 2) Marital rights and obligations are governed by law while contractual rights and obligations are negotiated by the parties. 3) Marriage can be entered into only by a man and a woman while ordinary contracts do not look at the party's sex. 4) Marriage contracted by one who is 18 years old requires parental consent while an ordinary contract entered into by one who is 18 years old requires no one else's consent but the contracting party's. 5) A marriage requires a license prior to being contracted while no license is needed for one to enter into an ordinary contract. 6) Not all breaches of marital obligations are actionable. When a spouse leaves the home, the right to consortium cannot be enforced. Meanwhile, an ordinary contract naturally makes all stipulations legally demandable and enforceable.

Answer 19

Juridical capacity or civil personality - A static condition that may only be lost through death where a person may hold and enjoy rights, be subject to legal relations, and is inherent and indivisible in everyone and may not be restricted. Capacity to act or legal capacity - A dynamic condition that may be acquired or lost where a person may actively exercise rights, requires one's own freedom and intelligence, is not inherent in every man, and may be restricted by any given circumstance.

Answer 20

The requisites of marriage are divided between the essential and formal requisites. The essential requisites of marriage are a person's legal capacity of the parties who must be a male and a female and their consent freely given. The formal requisites are the authority of the solemnizing officer, a valid marriage license, and a marriage ceremony where the contracting parties are in the presence of the solemnizing officer and two other legal witnesses. An absence of any of these five requisites would render the marriage void ab initio, while a defect in any of the five requisites would make the marriage voidable.

Answer 21

Because Santiago's intention was not to marry the woman in the marriage but rather his intent to escape criminal liability for raping her. This vitiated his consent.

Answer 22

The tender years presumption is that no child under the age of 7 shall be separated from their mother. This is because the State believes that only a mother can provide the kind of support and care a child of tender age needs and that they cannot be separated at this period.

Answer 23

Article 46 (Rights). Juridical persons may acquire and possess property of all kinds, as well as incur obligations and bring civil or criminal actions, in conformity with the laws and regulations of their organization.

Answer 24

Renvoi is when conflicts-of-law provisions between two jurisdictions would refer back to one another, creating a legal conundrum. In such case, when the lex fori refers to a foreign law, and the foreign law refers jurisdiction back to the lex fori, then the lex fori shall assume jurisdiction based on renvoi.

Answer 25

Talaq and ila are ways to effect a divorce under the Code of Muslim Personal Laws. A talaq is effected when a husband repudiates a wife for a whole non-menstrual cycle and refuses to have any sexual relations with her. A husband may repudiate his wife up to two times and still be allowed to remarry her provided that she is still in her period of idda. An ila, meanwhile, is effected when a husband vows not to have sex with his wife and keeps the vow for at least 4 months.

Answer 26

In Muñoz v. Del Barrios, the wife was battered by her husband and sought for legal separation under the CC. At the time, the only ground applicable to her was an attempt on her life by her husband. Since she cannot establish intent to kill, the Court did not separate her from her husband. Today, she can avail of the first ground of legal separation which is repeated acts of violence against one spouse by the other spouse. Since she recounted more than one instance of violence, it can be sufficient for legal separation.

Answer 27

Art. 41 is when a spouse has been absent for 4 consecutive years and the present spouse has a well-founded belief that the absent spouse is dead, he or she may institute summary proceedings to obtain a declaration of presumptive death which shall capacitate the present spouse to remarry. This declaration of presumptive death is without prejudice to the absent spouse reappearing and entering an affidavit of reappearance.

Answer 28

The Tan-Andal v. Andal case removed the second Molina guideline which required expert evidence or testimony which can attest to the psychological nature of the guilty spouse's incapacity. Today, ordinary persons who may attest to the kind of personality structure the guilty spouse has in relation to the other spouse can be entered as evidence by the Court.

Answer 29

Art. 36 of the Family Code is a ground for nullity wherein at the time of the marriage, one of the parties was found to be psychologically incapacitated to comply with the essential marital obligations of the marriage. It is characterized by gravity -- where the psychological incapacity is so grave that it would impair the spouse from fulfilling his/her obligations, juridical antecedence -- where the psychological incapacity antedated the marriage ceremony, and incurability -- where the personality structures of both spouses, due to one's psychological incapacity, are deemed incompatible and irreconcilable that the marriage cannot function well therefrom.

Answer 30

Van Dorn v. Romillo used Art. 15 to justify that a foreign divorce validly obtained by an American married to a Filipino may be recognized in the Philippines by simply following the national law of the American whose civil status has reverted to being single after the divorce.

Answer 31

Any incumbent member of the judiciary within the court’s jurisdiction; Any priest, rabbi, imam, or minister of any church or religious sect duly authorized by his church or religious sect and registered with the civil registrar general, acting within the limits of the written authority granted by his church or religious sect and provided that at least one of the contracting parties belongs to the solemnizing officer’s church or religious sect; Any ship captain or airplane chief only in the case mentioned in Article 31; Any military commander of a unit to which a chaplain is assigned, in the absence of the latter, during a military operation, likewise only in the cases mentioned in Article 32; Any consul-general, consul or vice-consul in the case provided in Article 10.

Answer 32

In the case of Silverio, the petitioner underwent sex reassignment surgery and asked the Court to change their sex from male to female. Meanwhile, in Cagandahan, the petitioner was medically diagnosed to be an intersex person who was assigned female at birth but developed male characteristics over time. Silverio's petition was denied while Cagandahan's petition was granted because the former had a medical intervention involved while the latter was by mere force of nature.

Answer 33

Rule 103 is for the change of a person's name, both first and last name as a substantial correction of their birth certificate. Rule 108 is for the cancellation or correction of entries in the civil registry such as civil status, legitimacy, citizenship, or name. RA 9048 is for the correction of typographical errors or clerical errors in civil registry documents. The first two require a court proceeding while the last may be done via the Civil Registrar alone.

Answer 34

Article 390, CC. After an absence of seven years, it being unknown whether or not the absentee still lives, he shall be presumed dead for all purposes, except for those of succession. The absentee shall not be presumed dead for the purpose of opening his succession till after an absence of ten years. If he disappeared after the age of seventy-five years, an absence of five years shall be sufficient in order that his succession may be opened. Article 391. The following shall be presumed dead for all purposes, including the division of the estate among the heirs: (1) A person on board a vessel lost during a sea voyage, or an aeroplane which is missing, who has not been heard of for four years since the loss of the vessel or aeroplane; (2) A person in the armed forces who has taken part in war, and has been missing for four years; (3) A person who has been in danger of death under other circumstances and his existence has not been known for four years.

Answer 35

Art. 1, FC. Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code.

Answer 36

In Moe v. Dinkins, justifying the need for parental consent in marriage between persons below the age of majority, the US Court held that children have peculiar vulnerabilities and the inability to make mature and informed decisions. Hence, minors need to be protected by the State to ensure that they are reared towards the right direction.

Answer 37

In Tamano v. Ortiz, the marriage in question was performed in both civil and Muslim rites. Since the CMPL is silent on a situation where Muslims were married both in civil and Muslim rites, there can be no exclusive and original jurisdiction for the Shari'a court to try their marriage.

Answer 38

Art. 40 states that for purposes of contracting a subsequent marriage, a final judgment of declaring a previous marriage void shall be the sole basis of that person's capacity to remarry. This was created in the Family Code so that parties to a marriage may not judge the validity of their own marriage, giving them the freedom to determine whether or not they are capacitated to remarry. Under the Family Code, remarriage can be permitted only by a final judgment by the Court.

Answer 39

Marriages in articulo mortis Marriages between parties who reside in places with no means of transportation allowing them to personally appear before the LCR (Art. 28). Upon request of the parties in a sworn statement

Answer 40

In Republic v. Parreño, Parreño was married to a Japanese national. They obtained a consensual divorce in Japan. The Republic inquired whether consensual divorces are recognized in the Philippines, and the Court held that they are because Art. 26 does not distinguish on who initiated the divorce and the word "obtained" was used to refer to the outcome of divorce, not the filing of the suit.

Answer 41

Civil interdiction is an accessory penalty under the RPC which may be imposed by the Court alongside principal penalties. Art. 34, RPC deprives a person under civil interdiction of rights to: Parental authority Guardianship Marital authority Management of own property Disposal of own property

Answer 42

An Art. 41 marriage capacitates someone to remarry after obtaining a declaration of presumptive death on his/her absent spouse. It may be rendered void ab initio once the absent spouse reappears and enters an affidavit of reappearance. Art. 53, meanwhile, requires that subsequent marriages should submit the final decree of nullity, the liquidation of the property regime, and the delivery of presumptive legitimes of the previous marriage to their respective registries, without which, the subsequent marriage is void ab initio.

Answer 43

As a general rule, children born to marriages void ab initio are illegitimate. The exceptions are that children born into marriages that were void due to psychological incapacity, a violation of Art. 53, or the reappearance of an absent spouse are legitimate. Children who are born into voidable marriages prior to annulment are also legitimate.

Answer 44

Yes, I can. My second cousin would be five degrees of consanguinity from me and as a public policy, marriages between collateral blood relatives are banned until the fourth degree.

Answer 45

The Court held that sexual relations between spouses is a marital obligation and that failure to consummate the marriage may be a symptom of a spouse's psychological incapacity and a ground for nullity.

Answer 46

In David v. Calilung, the Court held that since the marriage that was being collaterally attacked by the first family was performed after March 15, 2003, then the legal personality to file for a declaration of nullity is limited only to the husband and the wife. Since the petitioners in this case were the previous spouse and the children, they cannot rely on Niñal v. Badayog to acquire personality to sue. However, this does not preclude the children from collaterally attacking the marriage as a matter of settling their father's estate.

Answer 47

Two Filipinos capacitated to marry who are abroad must go to the Philippine embassy or consulate and find the Consul, Consul-General, or Vice-Consul. He or she will serve as both the civil registrar who will issue them a marriage license and the solemnizing officer. The marriage should happen in the office of the consul. They must ensure as well that the parties have complied with the formal requisites of the foreign country where they are if they seek the marriage to be recognized in that jurisdiction as well. This was demonstrated in the case of Antonia Reyes Medina v. Gil Ramos Medina where a marriage performed by two Filipinos in the Northern Mariana Islands before the consul without a valid marriage license in the NMI was not recognized in their jurisdiction.

Answer 48

Art. 14. Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in the Philippine territory, subject to the principles of public international law and to treaty stipulations Art. 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad. Art. 16. Real property as well as personal property is subject to the law of the country where it is situated. (lex situs) However, intestate and testamentary successions, both with respect to the order of succession and to the amount of successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by the national law of the person whose succession is under consideration, whatever may be the nature of the property and regardless of the country wherein said property may be found. Art. 17. The forms and solemnities of contracts, wills, and other public instruments shall be governed by the laws of the country in which they are executed. When the acts referred to are executed before the diplomatic or consular officials of the Republic of the Philippines in a foreign country, the solemnities established by Philippine laws shall be observed in their execution. Prohibitive laws concerning persons, their acts or property, and those which have, for their object, public order, public policy and good customs shall not be rendered ineffective by laws or judgments promulgated, or by determinations or conventions agreed upon in a foreign country.

Answer 49

No, a parent cannot. In Geluz v. CA, a husband cannot claim moral damages against a doctor who performed abortions on his wife because the fetuses aborted did not have legal personality yet. Legal personality commences upon birth, which is when the child's umbilical cord is cut from his mother's womb and can live independently.

Answer 50

Subsequent marriages, to be validly contracted, must be based on a final judgment declaring the previous marriage void.

Answer 51

No, they cannot. In the case of Silverio, a deliberate intervention to change someone's sex such as sex reassignment surgery cannot be recognized as a valid sex change in the Philippines. Furthermore, the law does not provide for any substantial change in entries of sex in civil registry records.

Answer 52

1) Family relations prevent ascendants, descendants, siblings, and collateral blood relatives up to the 4th civil degree from marrying each other. 2) Donations between spouses during the marriage shall be void. 3) Descendants cannot testify against their parents or grandparents in a criminal case unless such testimony is indispensable in a crime against that descendant or by one parent against the other.

Answer 53

Art. 3, CC would apply in the case of Tenchavez, where a married Filipino couple who thought that they can dissolve their marriage abroad by obtaining a divorce there can have the same effect in the Philippines. Just because they were probably not aware of Art. 15 does not excuse them from the application of the provision to them.

Answer 54

Support ensures that a spouse, usually a wife who is left by her husband, may continue to support the family, most especially the children for their own needs. A de facto separation without support from the husband is unjust against a wife who is left to fend for herself while having custody of children most of the time. Hence, support is important so that those who are left behind may continue to live decently.

Answer 55

(1) Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree; (2) Between step-parents and step-children; (3) Between parents-in-law and children-in-law; (4) Between the adopting parent and the adopted child; (5) Between the surviving spouse of the adopting parent and the adopted child; (6) Between the surviving spouse of the adopted child and the adopter; (7) Between an adopted child and a legitimate child of the adopter; (8) Between adopted children of the same adopter; and (9) Between parties where one, with the intention to marry the other, killed that other person’s spouse, or his or her own spouse.

Answer 56

Mere reappearance does not automatically void the subsequent marriage, but when that reappearing spouse enters an affidavit of reappearance to the civil registry of the subsequent marriage, that spouse will render the subsequent marriage as void ab initio.

Answer 57

Art. II, Sec. 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic AUTONOMOUS social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the Government. Art. XV, Sec. 3(1). The State shall defend the right of spouses to found a family in accordance with their religious convictions and the demands of responsible parenthood.

Answer 58

The publication of laws is essential for a law to have force and effect. Without it, Art. 3 of the Civil Code where ignorance of the law excuses no one will not make sense. A law has to be published either in the Official Gazette or in any newspaper of general circulation in the Philippines. The law may provide for its own effectivity date, but in default of one, Art. 2, CC shall prevail where a law shall take effect 15 days after its publication.

Answer 59

Every contract enjoys the presumption that parties to the contract executed it with the capacity to act, even if a person is already under a guardianship. To overcome this presumption, it must be shown that (1) the insanity is habitual (2) at the moment that the contract was signed, that party lacked the capacity to act (3) the insanity is the cause of the person's act of signing the contract. Hence, even if someone was court-declared to have a monomania of wealth and unfit to administer his own affairs, this is insufficient because it was not shown if that person was unfit to sign the contract when he did.

Answer 60

The Court ruled that the son, who was between 15 and 60 years of age, died before the mother, who was above 60 years of age. This is because the Court did not use the statutory presumption on the order of survivorship under the Rules of Court. A statutory presumption is not used when there is at least a preponderance of evidence that can allow the Court to infer on who died first. Hence, the Court found sufficient circumstantial evidence to find that the son, who was shot dead immediately after escaping the building, died first before the mother who was last seen alive inside the building which collapsed hours after the son's death.

Answer 61

A certificate of compliance is now a necessary requisite to obtain a marriage license. Sec. 15 of the RH Law requires that all license applicants would be counseled about family planning, responsible parenthood, breastfeeding, and child nutrition. If the applicants are 18-24 years old, then they would also have to undergo marriage counseling before an accredited counselor or a clergyman authorized to solemnize marriage. Without this, their marriage license will be delayed for 3 months.

Answer 62

For marriages between those aged 18-20 without parental consent, it may be ratified when the spouse without parental consent voluntarily cohabits with the other when he or she turns 21. The period to file prescribes for the parents who did not consent when their child turns 21, while the period to file for the spouse without parental consent is when he or she turns 26 or within 5 years of turning 21. For marriages where one party was insane at the time of the celebration of the marriage, it is when the insane spouse voluntarily cohabits with the other spouse during a lucid interval. The period to file prescribes for the sane spouse who was unaware of the insanity and for the relative or guardian of the insane spouse is when either party dies, for the insane spouse, it prescribes when the insanity is cured or when there is a lucid interval. For marriages where consent was obtained by fraud, ratification happens when there is voluntary cohabitation after the defrauded spouse was made aware of the fraud. The suit prescribes within 5 years after learning about the fraud. For marriages where consent was obtained through force, intimidation, or undue influence, it is when there is voluntary cohabitation after the force, intimidation, or undue influence has ceased. The suit prescribes within 5 years after the force, intimidation, or undue influence ceases. For impotence and incurable STDs, they cannot be ratified. The suit prescribes for both within 5 years after the marriage ceremony.

Answer 63

Absence in the Civil Code requires 7 years for general circumstances of absence and 4 years for extraordinary circumstances for absence. Presumptive death in the FC, meanwhile, only requires 4 years of absence with a well-founded belief that the absent spouse is dead. For extraordinary circumstances, the duration of absence needed is only 2 years. A declaration of absence is used for all other purposes, while a presumptive death is used only for the purpose of remarriage.

Answer 64

The judge will be administratively liable, but his offense is simply an irregularity to the marriage. Marriages celebrated outside his jurisdiction or not in the proper venue continue to enjoy validity because the authority of the judge as a solemnizing officer does not diminish when he or she solemnizes one outside his or her jurisdiction.

Answer 65

Cariño, a policeman, married Susan Nicdao without a marriage license in 1969, and subsequently married Susan Yee in 1992. When Cariño died, both Nicdao and Yee claimed his retirement and death benefits which led to a dispute between the two on who is the legal wife. The Court found that due to the evidence submitted by Yee, the marriage between Nicdao and Cariño was void ab initio. However, because Yee married Cariño under the Family Code and Cariño never obtained a final judgment declaring his marriage with Nicdao null and void, then their marriage too is void ab initio. In determining the property relations of the couples, the Nicdao-Cariño marriage is governed by Art. 147 of "Property Regimes of Unions without Marriage." Their marriage is treated as an unmarried cohabitant because this is the property regime of all void marriages, provided that they had no legal impediment to marry. Under this regime, the wages and salaries of the spouses are to be split equally among them even if only one of them worked. Hence, Susan Nicdao is entitled to half of the benefits. Meanwhile, the Yee-Cariño marriage is governed by Art. 148 which is the property regime of bigamous marriages, or unmarried cohabitants who have an impediment to marry. Under this regime, co-ownership only applies in properties which they jointly acquired. Since she cannot show any proof of contributing to Cariño's benefits, she lays no claim.

Answer 66

(1) That the party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over but below twenty-one, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party, in that order, unless after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife; (2) That either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife; (3) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife; (4) That the consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife; (5) That either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable; or (6) That either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable. Among the six, impotence and an incurable STD cannot be ratified.

Answer 67

A juridical person's life begins when the law creating them becomes effective or for private corporations, when the laws governing them would recognize them. Their personality ends when they dissolve based on the laws or documents which created or incorporated them.

Answer 68

1) Both are under 15 years of age - Older 2) Both are older than 60 years of age - Younger 3)One is under 15, other is over 60 - Younger 4) Both over 15 and under 60 - If of different sex, Male; If of same sex, Older 5) One is under 15 or over 60, other is between 15 and 60 -One between 15 and 60 This may be used for all purposes other than succession.

Answer 69

In Antone, the Court held that a judicial declaration of nullity obtained after a second marriage cannot be used as a defense in a bigamy case. Meanwhile, in Pulido, the Court reversed this doctrine and held that a judicial declaration of nullity on the previous marriage obtained after the second marriage can be used as a defense in a bigamy case, and furthermore, that a judicial declaration is not necessary anymore as a defense. The accused can now simply prove that his first marriage was void ab initio in a criminal proceeding for bigamy.

Answer 70

In Estella v. Perez, the Court granted the psychological incapacity suit. In Carullo-Padua, the petition was denied. The reason for this is because in Estella, they were able to properly establish the personality structure of the wife who was neglectful of her marital obligations. He entered into evidence the testimony of his two cousins who saw how the couple were during their marriage. In Carullo-Padua, no other person was interviewed to create a personality structure for the husband. The important difference here is the presence of ordinary persons who may testify in the petition to enlighten the court about the personality structure of the incapacitated spouse.

Answer 71

In Niñal v. Badayog, the children of Niñal in his first marriage filed for a declaration of absolute nullity against their father's second marriage with Badayog after the death of their father. They claim that the marriage of their father to Badayog was not of exceptional character and lacked a marriage license. However, the RTC held that the children have no legal standing to file a suit since their father already died. The Court held that the children have the standing to file a suit because they are a party in interest and because the action and defense for the declaration of absolute nullity shall not prescribe. Hence, the children may, after the death of their father, file to declare their father's second marriage with another woman void ab initio.

Answer 72

March 15, 2003

Answer 73

Niñal declared that any persons-in-interest may seek the declaration of absolute nullity of a marriage after the death of a spouse. The A.M., which was issued after Niñal, limited the petition to be instituted only by the husband or the wife. Hence, the A.M. only applies prospectively to all marriages and nullification proceedings instituted after the A.M.

Answer 74

Art. 15 of the Civil Code which says that laws pertaining to family rights, duties, the status, conditions, or legal capacity of persons are binding upon all Filipinos living here or abroad. Art. 26 of the Family Code which says that when a Filipino and an alien are validly married and the alien spouse validly obtains a divorce decree abroad, capacitating him or her to remarry, the decree shall be recognized in the Philippines.

Answer 75

It does not matter who between the Filipino spouse or the foreign spouse initiated the divorce.

Answer 76

A Filipino who changed citizenship subsequently after their marriage to another Filipino may, pursuant to Republic v. Orbecido, obtain a valid divorce and be treated as a foreign spouse married to a Filipino, allowing Art. 26 to be applied in their marriage. What matters is that the spouse is already a foreigner at the time of the divorce.

Answer 77

1) The fact of divorce to be proven, which is through a valid and authenticated divorce decree 2) The law of the foreign jurisdiction that shows that the divorce is valid and that it capacitates both spouses, including the Filipino spouse, to remarry.

Answer 78

No, it cannot, because a judicial recognition of foreign divorce is a separate proceeding from a change of civil status entry under Rule 108. If one seeks to have their foreign divorce recognized and have their civil status changed, then that person must pursue this in two separate suits.

Answer 79

(1) Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner; (2) Physical violence or moral pressure to compel the petitioner to change religious or political affiliation; (3) Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement; (4) Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned; (5) Drug addiction or habitual alcoholism of the respondent; (6) Lesbianism or homosexuality of the respondent; (7) Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad; (8) Sexual infidelity or perversion; (9) Attempt by the respondent against the life of the petitioner; or (10) Abandonment of petitioner by respondent without justifiable cause for more than one year.

Answer 80

Christian Acharon was accused by his wife of VAWC for causing her mental anguish and public humiliation due to the denial of financial support. Christian and his wife loaned money from their godmother and Christian left for Brunei but he was unable to send enough money and eventually stopped and had an affair with another woman. The Court held that Sec. 5(i) and 5(e), crimes involving financial deprivation of a woman, are crimes mala in se. Hence, the mere inability of a husband to provide support for his wife is not a crime in itself. It becomes a crime when he has the criminal intent to cause her emotional distress or financial dependence on the man through the means of financial deprivation, but in Christian's case, he simply was unable to send money but had not criminal intent to cause the effects which his wife claimed to have experienced.

Answer 81

Yes, he can. The crime of rape does not distinguish on the relationship between the parties. This was held in the case of People v. Jumawan where the husband cannot use a marital presumption of consent as a defense for raping his wife. A wife does not surrender her personal liberty and right to safe and consensual sex when she says “I do” in marriage.

Answer 82

Castro - the LCR issued a certification stating that they performed a diligent search but did not find any record of the marriage license Sevilla - the LCR issued a certification that "due to their busy schedule" they were unable to find a record of the marriage license In Castro, there was a diligent search while in Sevilla there was none; hence, only Castro's certification was given probative value.

Answer 83

When both parties are Muslims or when the male party is a Muslim and when the marriage is solemnized according to Muslim rites or the CMPL in any part of the Philippines

Answer 84

No, he cannot. In the case of Malaki v. People, a man who converted to Islam for the purpose of remarriage is still guilty of bigamy because a polygamous marriage under the CMPL requires a process where the first wife must consent or the Shari'a District Court permits the man to have a second wife. Likewise, the CMPL applies prospectively on every Muslim convert.

Answer 85

No, they are not. In Anaban v. Anaban, the Court held that since the Family Code only recognizes IP marriages but not IP divorces, and no other law recognizes IP divorces, and since divorce is against public policy, then there an indigenous divorce cannot be recognized under Philippine law.

Answer 86

Marriages validly contracted abroad that fall under void marriages in Art. 35 (1) legal age; (4) bigamy/polygamy; (5) mistake of identity; (6) violation of Art. 53, 36, 37, and 38 which all refer to the essential requisites of marriage. Lex loci celebrationis applies only insofar as the formal requisites of marriage are concerned.

Answer 87

Under Art. 370, a married woman may use her maiden full name with her husband's surname, her first name and her husband's surname, and her husband's full name prefixed by "Mrs." She may also still continue using her maiden name.

Answer 88

Force - the use of physical violence to pressure someone to do something against one's will Intimidation - a reasonable and well-grounded fear of a grave and imminent danger against the person, property, or those of his immediate family. Undue influence - the abuse of one's position of authority to unduly influence someone to do something against their will

Answer 89

Yes, she may if she has valid and compelling reasons. For example in Garcia v. Santiago, when the Court sees that the spouses living together would not be conducive for them since the husband threatened the wife with violence if she would return home. In Goitia v. Campos-Rueda, the wife was allowed to live separately because the wife was compelled to do sexual acts which she did not like.

Answer 90

Quita held that in determining the validity of a divorce decree obtained abroad by a Filipino who changed citizenship abroad, what matters is the citizenship of that spouse at the time of the divorce.

Answer 91

Minority Insanity Imbecility State of being deaf-mute Prodigality Absence Civil Interdiction

Answer 92

Usurpation refers to the use of another person's name leading to the owner's injury because of it. Usurpation leads to a confusion of identity. Its elements are 1) Use of another's name 2) The use is unauthorized 3) The use of another's name is used to designate another person's designation or identity.

Answer 93

In Sarao, the husband wanted to annul his marriage to his wife on the ground of impotency. To be specific, their genitals are compatible in shape and size such that copulation is possible; however, the wife's vagina excreted an oddly-smelling fluid which she had fixed in a surgery. The surgery rendered her barren, and Sarao no longer wanted to have sex with his wife because of what he witnessed in her operation. The Court held that there is no impotency in this case since barrenness does not equate to impotency. Impotency is the inability to copulate, not the inability to procreate.

Answer 94

There are 3 kinds of protection orders: Barangay Protection Orders which are effective for 15 days, Temporary Protection Orders which are effective for 30 days, and Permanent Protection Orders which are permanent. Such orders may include reliefs such as: (a) prohibiting the respondent from committing acts defined as VAWC (b) prohibiting the respondent from communicating with the petitioners (c) removal of the respondent from the petitioner's home, even if the respondent is the homeowner (d) directing the respondent to stay away within a certain distance from the petitioners (e) directing the lawful possession of the petitioner of essential personal effects and of a car regardless of ownership (f) custody of the children for the petitioner (g) directing support of the petitioner and the children which shall be withheld from the respondent as a percentage of his income, which shall be remitted directly to the petitioner through the employer (h) prohibition of the respondent from owning any firearm or deadly weapon (i) restitution for actual damages incurred (j) directing the DSWD to provide whatever the petitioner may need (k) provision of any other reliefs the court may see fit

Answer 95

Husbands, ex-husbands, someone with whom the woman has a common child with, someone with whom the woman has or had a sexual or dating relationship with

Answer 96

Provisions which privilege men such as in the grant of parental consent, the administration of property, and parental authority. The Manalo doctrine should also be codified into law to further protect Filipinos married to foreigners. Policies should also be enacted to protect the uncertain status of unmarried cohabitants when they separate. Women, in particular, are at risk when they are unmarried and are left with the children but are not entitled to support or in some cases, a family home.

Answer 97

FC - a spouse does not need the other's consent for the exercise of profession and one's objection must be based on valid, serious, and moral grounds CC - a wife may exercise a profession but her husband may object if the husband's income is sufficient or when his opposition is founded on serious and valid grounds

Answer 98

Judge Sanchez in this case married a couple where the husband was already previously married. He married them on the basis of a sworn statement that they have been living together for 7 years already and hence, he solemnized the marriage. The Court administratively sanctioned Judge Sanchez for not knowing the requisites of Art. 34, FC: 1) That the couple should have been cohabiting for at least 5 years 2) That they have no legal impediment from marrying each other 3) That at the time of the marriage, there is no legal impediment to their marriage 4) That the parties execute an affidavit attesting the foregoing 5) That the solemnizing officer must execute a sworn statement that he had ascertained the said requisites

Answer 99

The wife, Julia Bedia-Santos, went to the US to work and never communicated nor showed herself to her husband after migrating. Hence, the husband, Leouel Santos, sought to void their marriage under Art. 36. The Court held that the mere failure of Julia to return home and to communicate with her husband does not constitute psychological incapacity. Psychological incapacity is characterized by gravity -- where the incapacity is so grave and serious that the spouse is unable to carry out the essential obligations of marriage; juridical antecedence -- where the incapacity antedates the marriage; and incurability -- that the incapacity cannot be cured. Furthermore, the incapacity must be a mental psychosis.

Answer 100

The Court here denied a petition under Art. 36. The petitioner inquired if the Court had already abandoned the Molina doctrine by then and they stated that they did not. The case of Te v. Te was merely a suggestion to relax the stringent requirements of the Molina guidelines, but it did not entirely abandon Molina yet.

Answer 101

Petitioner in this case sought to nullify the marriage between his brother and his sister-in-law. He used the Niñal doctrine as basis for his personality to sue. However, AM 02-11-10-SC was already in force during this case. The Court clarified the prospective application of AM 02-11-10-SC such that all petitions commenced prior to March 15, 2003 vis-a-vis marriages solemnized from August 30, 1950. Since the marriage in question was under the old Civil Code, the procedural rules had no application on the petitioner and he has standing to file the suit. Hence, the marriage was nullified and the case was remanded to the lower court to determine who would inherit from Ablaza's brother.

Answer 102

Jimenez sought to annul his marriage to his wife Cañizares, whose vaginal orifice was too small for her husband's penis to fit. The Court ruled that this qualifies as a case of impotency. However, the Court remanded the case because the wife refused to undergo a medical examination and it was the husband's testimony alone as the sole basis for the claims.

Answer 103

In this case, the husband and the wife were de facto separated and had one daughter. The mother had custody of the daughter, and the father wanted to gain custody. He did this by first filing a habeas corpus petition for custody. The wife, meanwhile, filed for the declaration of absolute nullity of their marriage with a prayer for sole custody in the Pasig RTC. She withdrew this case and instead moved to the Pasay RTC for a petition of habeas corpus for her daughter. Meanwhile, in Pasig, the father instituted his own petition for the declaration of absolute nullity. As a rule, the Court held that the court hearing the petition for absolute nullity shall also have jurisdiction on custody. Hence, the Pasig RTC was found to have jurisdiction.

Answer 104

Yes, she may. When she is the guilty spouse, she is to use her maiden name by operation of law. When she is the innocent spouse, she has an option to use her maiden name or retain her ex-husband's surname.

Answer 105

Bugayong, a US Navy serviceman, heard rumors that his wife was having an affair. Hence, he went home to the Philippines to verify these rumors. He looked for his wife and found her, and then spent a day and a night together in his cousin's house. When he confronted her about her infidelity, she just packed her bags and left. Bugayong filed for legal separation because of this, but it was not granted because of the fact that they slept together under one roof. The law presumes that they cohabited and had intercourse, which would constitute condonation. Hence, there was a defense for legal separation in this case.

Answer 106

The petitioner, after being declared legally separated with his wife, sought to clarify the meaning of net profits earned from their property regime. The Court defined net profits earned as the net assets minus the market value of the ACP at the time of the marriage. Furthermore, these net profits shall not go to the petitioner since he is the guilty spouse in this case, and as such his share of the net profits earned shall default either to their common children, to his own children, or to his wife, in that order.

Answer 107

The innocent spouse may revoke this designation regardless of the irrevocability of the insurance policy. He or she must send a written notification to the guilty spouse in order for the revocation to take effect.

Answer 108

In Laperal, the wife was only legally separated with her husband so she was not allowed to revert to her maiden name because the bonds of marriage are not severed in legal separation. In Tolentino, the wife was divorced. In divorce, the woman has the option to revert to her maiden name or continue the use of her husband's surname since the situation is similar to the death of a husband. What is important is she does not portray herself to be the legal wife because that constitutes usurpation. In Silva v. Peralta, the wife did not know that she was not legally married to her husband since she got married with him while he had a subsisting marriage which he concealed from her. Hence, she portrayed herself as the legal wife in good faith. When she was made aware in a usurpation suit that she was not the legal wife, the Court ordered her to desist from using the surname Silva, but did not hold her liable for usurpation since she used the name in good faith.

Answer 109

In Quita, a woman was married to a Filipino in the Philippines. When she moved to the US, she divorced her Filipino husband, and then remarried twice. When her Filipino husband died, the trial court did not recognize their divorce. However, the Supreme Court held that a material issue in this case is whether or not Quita was a Filipino or a US citizen at the time of the divorce. If she was already an American by then, then the divorce would be recognized in the Philippines.

Answer 110

Donations propter nuptias in both situations generally remain valid; however, in a voidable marriage, upon annulment, donations in favor of the guilty spouse are revoked by operation of law. Meanwhile, in legal separation, donations in favor of the guilty spouse may be revoked only by instituting a petition on the part of the innocent spouse and entering the decree to the registry of deeds of where the property is located.

Answer 111

In Santos v. CA, the battle for custody was between the father and the grandparents. The grandparents accused the father of being irresponsible and his history of not sending financial support. However, the Court still ruled in favor of the father because he has parental authority is non-transferrable. Furthermore, his unsuitability was insufficiently proven by the grandparents. The Court does not look at wealth but rather the natural love of a parent to a child.

Answer 112

The father filed for a habeas corpus petition to see his child who is with his mother and is being withheld by his mother from the father. When the Court granted the habeas corpus petition, the mother complained on the validity of the grant. The Court held that habeas corpus does not necessarily grant custody. In this case, the father used the petition to only see his child. The law does not withhold the father from seeing his child when the parents are separated and is allowed visitation rights.

Answer 113

The couple in this case was de facto separated. The mother gained custody of her two children both below 7 years of age, but the father wanted to declare her unfit for praying being insane. The Court held that the custody was proper since the husband was unable to substantiate his claims of insanity. Furthermore, the provisions on custody does not distinguish between legal separation and de facto separation. Hence, the tender years presumption applies in their case.

Answer 114

Two children who are above 7 years of age wanted to go to their mother in a custody suit. The mother filed for a review of custody for this purpose. However, the Court did not grant custody to her because of her poverty which renders her unfit to have custody. She was living on the charity of her brothers, and hence, she is unable to fend for herself. The Court did not look at the fact that her husband was wealthier but at the fact that she cannot live independently, and hence, she was declared unfit for custody.

Answer 115

The wife abandoned her husband, moved to the US, got naturalized, and divorced him there. The husband, now seeking to remarry, sought to have this divorce recognized. The Court held that since the wife was already a US citizen at the time, then the divorce falls under Art. 26(2) because she is now an alien spouse during the time of the divorce.

Answer 116

Llorente married his wife and then moved to the US and got naturalized. When he returned to the Philippines, he found his wife pregnant with another man. Hence, he divorced her in the US. Since he is an American citizen at the time of the divorce, then his divorce is considered valid.

Answer 117

For a widow, it is 4 months and 10 days from the death of her husband. For a divorce, 3 monthly courses. If the wife was pregnant, the periods mentioned would extend until she gives birth. If the husband dies while the idda for divorce was ongoing, an additional idda for death shall be observed.

Answer 118

1) Neglect of the husband or failure to provide support for at least 6 consecutive months 2) Conviction by final judgment for at least 1 year imprisonment 3) Failure of the husband to perform for 6 months without reasonable cause his marital obligation 4) Impotency of the husband 5) Insanity or infliction of the husband of an incurable disease which would make the continuance of the marriage relationship injurious to the family 6) Unusual cruelty by the husband 7) Any othercause recognized under Muslim law

Answer 119

1) Talaq or repudiation of the wife 2) Ila or vow of continence by the husband 3) Zihar or injurious assimilation of the wife by the husband 4) Li'an or acts of imprecation 5) Khul or redemption by the wife of her dower 6) Tafwld or the delegated right to repudiate by the wife 7) Faksh or judicial decree

Answer 120

The husband sold a parcel of land to his common-law wife. This alarmed the children of the husband from his first marriage and they sought to void the sale the same way that sale of property between husband and wife is prohibited. The Court held that since the sale of property to a concubine is against public policy, the deed of sale must be void.

Answer 121

In contracts, minors cannot give consent to a contract. However, when they misrepresent themselves to be of legal age, they are estopped from voiding the contract. In criminal cases, minors do not have criminal liability. A child who is above 15 but below 18 years of age may be criminally liable only if they acted with discernment. In marriage, minors are not allowed to contract a marriage. Even their active misrepresentation does not estop them from voiding the marriage. All marriages where at least one party is below 18 years of age is void ab initio.

Answer 122

Garcia was charged by his wife under RA 9262 for violence against women and children. He assailed the constitutionality of RA 9262 for violating equal protection against men, particularly husbands and fathers. The Court denied his challenge because the law recognizes the real and genuine experiences of women who have long been victims of violence by men. There was even data provided on how many women made use of the law since its inception. Furthermore, the law did not distinguish on the basis of sex when it mentioned the persons who may commit a crime of VAWC — for example, it may also be fellow women in a lesbian relationship. Nevertheless, the Anti-VAWC law is a step towards substantive equality for women where their particular nuances and experiences are taken into account.

Answer 123

A. "Physical Violence" refers to acts that include bodily or physical harm; B. "Sexual violence" refers to an act which is sexual in nature, committed against a woman or her child. It includes, but is not limited to: a) rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, making demeaning and sexually suggestive remarks, physically attacking the sexual parts of the victim's body, forcing her/him to watch obscene publications and indecent shows or forcing the woman or her child to do indecent acts and/or make films thereof, forcing the wife and mistress/lover to live in the conjugal home or sleep together in the same room with the abuser; b) acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of force, physical or other harm or threat of physical or other harm or coercion; c) Prostituting the woman or child. C. "Psychological violence" refers to acts or omissions causing or likely to cause mental or emotional suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and mental infidelity. It includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of common children. D. "Economic abuse" refers to acts that make or attempt to make a woman financially dependent which includes, but is not limited to the following: 1. withdrawal of financial support or preventing the victim from engaging in any legitimate profession, occupation, business or activity, except in cases wherein the other spouse/partner objects on valid, serious and moral grounds as defined in Article 73 of the Family Code; 2. deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal, community or property owned in common; 3. destroying household property; 4. controlling the victims' own money or properties or solely controlling the conjugal money or properties.

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